51.13(4)(d)(d) Criteria for approving admission. Within 5 days after the filing of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism, or drug abuse, whether the treatment facility offers inpatient therapy or treatment that is appropriate to the minor’s needs; whether inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor; and, if the minor 14 years of age or older has been admitted to the treatment facility for the primary purpose of treatment for mental illness or developmental disability, whether the admission was made under an application executed by the minor and the minor’s parent or guardian. If such a showing is made, the court shall permit admission. If the court is unable to make those determinations based on the petition and accompanying documents, the court may dismiss the petition as provided in par. (h); order additional information, including an independent evaluation, to be produced as necessary for the court to make those determinations within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner; or hold a hearing within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner. If the admission was made under an application executed by the minor’s parent or guardian despite the minor’s refusal, or if a hearing has been requested by the minor or by the minor’s counsel, parent, or guardian, the court shall order an independent evaluation of the minor and hold a hearing to review the admission, within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court considers it necessary, the court shall also appoint a guardian ad litem to represent the minor. The minor shall be informed about how to contact the state protection and advocacy agency designated under s. 51.62 (2) (a).
51.13(4)(e)(e) Notice of hearing. Notice of the hearing under this subsection shall be provided by the court by certified mail to the minor, the minor’s parents or guardian, the minor’s counsel and guardian ad litem if any, the petitioner and any other interested party at least 96 hours prior to the time of hearing.
51.13(4)(f)(f) Rules, records, and findings. The rules of evidence in civil actions shall apply to any hearing under this section. A record shall be maintained of the entire proceedings. The record shall include findings of fact and conclusions of law. Findings shall be based on a clear and convincing standard of proof.
51.13(4)(g)(g) Approval of admission. If the court finds, under a hearing under par. (d), that the minor is in need of psychiatric services or services for developmental disability, alcoholism, or drug abuse in an inpatient facility, that the inpatient facility to which the minor is admitted offers therapy or treatment that is appropriate for the minor’s needs and that is the least restrictive therapy or treatment consistent with the minor’s needs, the court shall permit admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor’s needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, if the placement or transfer is first approved by all of the following:
51.13(4)(g)1.1. For the primary purpose of treatment for mental illness or developmental disability, any of the following, as applicable:
51.13(4)(g)1.a.a. For a minor who is under 14 years of age, a parent who has legal custody of the minor or the minor’s guardian.
51.13(4)(g)1.b.b. For a minor who is 14 years of age or older, the minor and a parent who has legal custody of the minor or the minor’s guardian, except that, if the minor refuses approval, a parent who has legal custody of the minor or the minor’s guardian may provide approval on the minor’s behalf.
51.13(4)(g)1.c.c. For a minor admitted under sub. (1) (c), the minor.
51.13(4)(g)2.2. The treatment director of the facility or his or her designee.
51.13(4)(g)3.3. The director of the appropriate county department under s. 51.42 or 51.437 if the county department is to be responsible for the cost of the minor’s therapy or treatment.
51.13(4)(g)4.4. The department, if the placement or transfer is to a center for the developmentally disabled.
51.13(4)(h)(h) Actions if petition not approved. If the court does not permit admission under par. (g), it shall do one of the following:
51.13(4)(h)1.1. Dismiss the petition and order the application for admission denied and the minor released.
51.13(4)(h)2.2. Order the petition to be treated as a petition for involuntary commitment and refer it to the court where the review under this section was held, or if it was not held in the county of legal residence of the subject individual’s parent or guardian and hardship would otherwise occur and if the best interests of the subject individual would be served thereby, to the court assigned to exercise jurisdiction under chs. 48 and 938 in such county for a hearing under s. 51.20 or 51.45 (13).
51.13(4)(h)3.3. If the minor is 14 years of age or older and appears to be developmentally disabled, proceed in the manner provided in s. 51.67 to determine whether the minor should receive protective placement or protective services, except that a minor shall not have a temporary guardian appointed if he or she has a parent or guardian.
51.13(4)(h)4.4. If there is a reason to believe the minor is in need of protection or services under s. 48.13 or 938.13 or the minor is an expectant mother of an unborn child in need of protection or services under s. 48.133, dismiss the petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may release the minor or may order that the minor be taken and held in custody under s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).
51.13(4)(i)(i) Findings of review. Approval of an admission under this subsection does not constitute a finding of mental illness, developmental disability, alcoholism or drug dependency.
51.13(5)(5)Appeal. Any person who is aggrieved by a determination or order under this section and who is directly affected thereby may appeal to the court of appeals under s. 809.30.
51.13(6)(6)Short-term admissions.
51.13(6)(a)(a) Admission procedure.
51.13(6)(a)1.1. Subject to subd. 2. or 3., as applicable, a minor may be admitted to an inpatient treatment facility without review under sub. (4) of the application, for diagnosis and evaluation or for dental, medical, or psychiatric services, for a period not to exceed 12 days. The application for short-term admission of a minor shall be executed by the minor’s parent with legal custody of the minor or the minor’s guardian, unless sub. (1) (c) applies.
51.13(6)(a)2.2. If the minor is 14 years of age or older and is being admitted for the primary purpose of diagnosis, evaluation, or services for mental illness or developmental disability, the application shall be executed by the minor’s parent or guardian and the minor, except that, if the minor refuses to execute the application, the parent or the guardian may execute the application. Admission under this subdivision of a minor who refuses to execute the application is reviewable under sub. (4) (d). If a review is requested or required, the treatment director of the facility to which the minor is admitted or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee shall file a verified petition for review of the admission on behalf of the minor.
51.13(6)(a)3.3. If a minor 14 years of age or older who refused to execute the application under subd. 2. is admitted after court review under sub. (4) (d), the minor may not be readmitted to an inpatient treatment facility for psychiatric services under this paragraph within 120 days of a previous admission under this paragraph.
51.13(6)(b)(b) Review and acceptance of application. The application shall be reviewed by the treatment director of the facility or, in the case of a center for the developmentally disabled, by the director, and shall be accepted only if the director determines that the admission constitutes the least restrictive means of obtaining adequate diagnosis and evaluation of the minor or adequate provision of medical, dental or psychiatric services.
51.13(6)(c)(c) Release. At the end of the 12-day period, the minor shall be released unless an application has been filed for admission under sub. (1); a statement has been filed for emergency detention; or a petition has been filed for emergency commitment, involuntary commitment, or protective placement.
51.13(7)(7)Discharge or continued appropriateness of admission.
51.13(7)(a)(a) Minor attains age 14 during admission. If a minor is admitted to an inpatient treatment facility while under 14 years of age, and if upon reaching age 14 is in need of further inpatient care and treatment primarily for mental illness or developmental disability, the director of the facility shall request the minor and the minor’s parent or guardian to execute an application for admission. If the minor refuses, the minor’s parent or guardian may execute the application on the minor’s behalf. Such an application may be executed within 30 days prior to a minor’s 14th birthday. If the application is executed, a petition for review shall be filed in the manner prescribed in sub. (4), unless such a review has been held within the last 120 days. If the application is not executed by the time of the minor’s 14th birthday, the minor shall be discharged unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement by the end of the next day in which the court transacts business.
51.13(7)(b)(b) Discharge procedure.
51.13(7)(b)1.1. Any minor who is voluntarily admitted under sub. (1) (c), may request discharge in writing.