Electronically scanned images of the official …...51.001 MENTAL HEALTH ACT 87-88 Wis. Stats. 1064...

51 .001 MENTAL HEALTH ACT 87-88 Wis . Stats. 1064

CHAPTER 51

STATE ALCOHOL , DRUG ABUSE, DEVELOPMENTAL DISABILITIES AND MENTAL HEALTHACT

3. Language impairment.4. Memory impairment .5. Conduct disorder .6. Motor disorder .7. Any other neurological dysfunction .(am) "Brain injury" includes any injury to the brain under

par. (a) that is vascular in origin if received by a person priorto his or her attaining the age of 22 years .

(b) "Brain injury" does not include alcoholism,Alzheimer's disease as specified under s . 46 .87 (1) (a) or theinfirmities of aging as specified under s . 55 .01 (3) .

(3) "Center for the developmentally disabled" means anyfacility which is operated by the department and whichprovides services including, but not limited to, 24-hourtreatment, consultation, training and education for develop-mentally disabled persons .

(3g) "Chronic mental illness" means a mental illness whichis severe in degree and persistent in duration, which causes asubstantially diminished level of functioning in the primaryaspects of daily living and an inability to cope with theordinary demands of life, which may lead to an inability tomaintain stable adjustment and independent functioningwithout long-term treatment and support and which may beof lifelong duration . "Chronic mental illness" includesschizophrenia as well as a wide spectrum of psychotic andother severely disabling psychiatric diagnostic categories, butdoes not include infirmities of aging or a primary diagnosis ofmental retardation or of alcohol or drug dependence .

(3s) "Community support program" means a coordinatedcare and treatment system which provides a network ofservices through an identified treatment program and staff toensure ongoing therapeutic involvement and individualizedtreatment in the community for persons with chronic mentalillness .

(4) "Conditional transfer" means a transfer of a patient orresident to a less restrictive environment for treatment whichis made subject to conditions imposed for the benefit of thepatient or resident .

51 .01 Definitions. As used in this chapter, except whereotherwise expressly provided :

(1) "Alcoholic" means a person who is suffering fromalcoholism.

(1m) "Alcoholism" is a disease which is characterized bythe dependency of a person on the drug alcohol, to the extentthat the person's health is substantially impaired or endan-gered or his or her social or economic functioning is substan-tially disrupted .

(2) "Approved treatment facility" means anyy publicly orprivately operated treatment facility or unit thereof approvedby the department for treatment of alcoholic, drug depen-dent, mentally ill or developmentally disabled persons .

(2g) (a) "Bra in injury" means any injury to the brain,regardless of age at onset, whether mechanical or infectious inorigin, including brain trauma, brain damage and traumatichead injury, the results of which are expected to continueindefinitely, which constitutes a substantial handicap to theindividual, and which directly results in any 2 or more of thefollowing:

1 . Attention impairment .2. Cognition impairment.

51 .001 Legislative policy .51 .01 Definition s.51 . 02 Council on mental health .51 . 03 Authority of department .51 . 038 Outpatient mental health clinic certification .51 . 04 Outpatient treatment facility determination .51 . 05 Mental health institutes .51 . 06 Centers for the developmentally disabled .51 . 07 Outpatient services .51 . 08 Milwaukee county mental health complex.51 . 09 County ho spitals .51 . 10 Voluntary admission of adults .51 . 13 Admission of minors .51 . 14 Outpatient treatment of minors .51 . 15 Emergency detention .51 . 20 Involuntary commitment for treatment .51 . 22 Care and custody of persons.51 .30 Records.51 . 35 Transfers and di scharges .51 .37 Criminal commitments; mental health institutes .51 . 38 Nonresident patients on unauthorized absence .51 . 39 Resident patients on unauthorized absence .51 . 40 Residence of developmentally disabled or chronically mentally ill

adults .51 .42 Community mental health , developmental disabilities, alcoholi sm

and drug abuse services .

51 . 001 Legislative policy . (1) It is the policy of the state toassure the provision of a full range of treatment and rehabili-tation services in the state for all mental disorders anddevelopmental disabilities and for mental illness, alcoholismand other drug abuse . There shall be a unified system ofprevention of such conditions and provision of services whichwill assure all people in need of care access to the leastrestrictive treatment alternative appropriate to their needs,and movement through all treatment components to assurecontinuity of care.

(2) To protect personal liberties, no person who can betreated adequately outside of a hospital, institution or otherinpatient facility may be involuntarily treated in such afacility .

History: 1975 c . 430 .

51 .421 Community support programs .51 .423 Grants-in-aid .51 .437 Developmental disabilities services .51 .45 Prevention and control of alcoholism .51 .47 Alcohol and other drug abuse treatment for minors .51 .59 Incompetency not implied.51 .61 Patients rights.51 .62 Protection and advocacy system .51 .63 Private pay for patients .51 .65 Segregation of tuberculosis patients .51 .67 Alternate procedure; protective services.51 .75 Interstate compact on mental health .51 .76 Compact administrator.51 .77 Transfer of patients .51 .78 Supplementary agreements .51 .79 Transmittal of copies .51 .80 Patients' rights .51 .81 Uniform extradition of persons of unsound mind act ; definitions .51 .82 Delivery of certain nonresidents .51 .83 Authentication of demand ; discharge ; costs .51 .84 Limitation of time to commence proceeding.51 .85 Interpretation .51 .87 Interstate contracts for services under this chapter .51 .90 Antidiscrimination.51 .91 Supplemental aid .51 .95 Short title.

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(5) (a) "Developmental disability" means a disability at-tributable to brain injury, cerebral palsy, epilepsy, autism,mental retardation, or another neuro logical condition closelyrelated to mental retardation or requiring treatment similarto that required for mental retardation, which has continuedor can be expected to continue indefinitely and constitutes asubstantial handicap to the afflicted individual . "Develop-mental disability" does not include senility which is primarilycaused by the process of aging or the infirmities of aging .

(b) "Developmental disability", for purposes of involun-tary commitment, does not include cerebral palsy or epilepsy .

(6) "Director" means the person in charge of a statetreatment facility, state or local treatment center, or ap-proved private facility .

(7) "Discharge" of a patient who is under invo luntarycommitment orders means a termination of custody andtreatment obligations of the patient to the authority to whichthe patient was committed by court action. The "discharge"of a patient who is voluntarily admitted to a treatmentprogram or facility means a termination of treatment obliga-tions between the patient and the treatment program orfacil ity .

(8) "Drug dependent" means a person who uses one carmore drugs to the extent that the person's health is substan-tially impaired or his or her social or economic functioning issubstantially disrupted .

(9) "Hospital" has the meaning given under s . 50.33 .(10) "Inpatient facility" means a public or private hospital

or unit of a hospital which has as its primary purpose thediagnosis, treatment and rehabilitation of mental illness,developmental disability, alcoholism or drug abuse andwhich provides 24-hour care .

(11) "Law enforcement officer" means any person who byvirtue of the person's office or public employment is vested bylaw with the duty to maintain public order or to make arrestsfor crimes while acting within the scope of the person'sauthority.

(12) "Mental health institute" means any institution oper-ated by the department for specialized psychiatric serv i ces,research, education, and which is responsible for consultat i onwith community programs for education and quality of care .

(13) (a) "Mental illness" means mental disease to suchextent that a person so afflicted requires care and treatmentfor his or her own welfare, or the welfare of others, or of thecommunity .

(b) "Mental i llness", for purposes of involuntary commit-ment, means a substantial disorder of thought, mood, percep-tion, orientation, or memory which grossly impairs judg-ment, behavior, capacity to recognize reality, or ability tomeet the ordinary demands of life, but does not includealcoholism .

(14) "Residence", "legal residency" or "county of resi-dence" has the meaning given under s . 49 .01 (8g) .

(15) "State treatment facility" means any of the institu .-tions operated by the department for the purpose of provid-ing diagnosis, care or treatment for mental or emotionaldisturbance, deve lopmental disability, alcoho lism or drugdependency and includes but is not limited to mental healthinstitutes.

(16) "Transfer" means the movement of a patient orresident between approved treatment facilities or to or froman approved treatment facility and the community .

(17) "Treatment" means those psychological, educational,social, chemical, medical or somatic techniques designed tobring about rehabilitation of a mentally ill, alcoholic, drugdependent or developmentally disabled person.

51 .04 Outpatient treatment facility determination . Anyfacility may apply to the department for determination ofwhether such facility is an outpatient treatment facility estab-lished and maintained according to rules promulgated by thedepartment under s. 51 .42 (7) (b) . The department shallcharge a fee for each such determination .His tory : 1975 c . 224 ; Stats . 1975 s . 51 .44; 1975 c. 43u s . 53m ; Stats . 1975 s .

51 .04; 1983 a . 27 ; 1 985 a . 29, 176 .

1065 87-88 Wis . Stats . MENTAL HEALTH ACT 51 .04

(18) "Treatment director" means the person who haspr imary responsibility for the treatment provided by a treat-ment facility . The term includes the medical director of afacility .

(19) "Treatment facility" means any publicly or privatelyoperated facility or unit thereof providing treatment ofalcoholic, drug dependent, mentally ill or developmentallydisabled persons, including but not limited to inpatient andoutpatient treatment programs, community support pro-grams and rehabilitation programs .

History: 1975 c. 430 ss . 11, 81 ; 1977 c. 26; 1977 c . 203 s . 106 ; 1977 c. 428;1981 c . 79 s . 1 7; 1983 a. 189 s . 329 (19) ; 1983 a . 441 ; 1985 a . 29 s. 3202 (23); 1 985a . 265, 307 .

"Treatment" does not include habilitation. In Matter of Athans, 107 W(2d) 33 1 , 320 NW (2d) 30 (Ct . App . 1982) .

51 .02 Council on mental health . (1) The council on mentalhealth shall have the following duties :

(a) Advise the department, the legislature and the governoron the use of state and federal resources and on the provisionand administration of programs for persons who are mentallyill or who have other mental health problems, for groups whoare not adequately served by the mental health system, for theprevention of mental health problems and for other mentalhealth related purposes .

(b) Provide recommendations to the department on theexpenditure of federal funds received under the mental healthblock grant under 42 USC 300x to 300x-9 and participate inthe development of and monitor and evaluate the implemen-tation of, the mental health block grant plan .

(c) Review all departmental plans for services affectingpersons with mental illness and monitor the implementationof the plans .

(d) Serve as an advocate for persons with mental illness .(e) Submit annually to the department, the chief clerk of

each house of the legislature, for distribution to the legisla-ture under s . 13.172 (2), and the governor a report onrecommended policy changes in the area of mental health .

(2) The secretary shall submit all departmental plansaffecting persons with mental illness to the council for itsreview. The council shall provide its recommendations to thesecretary within such time as the secretary may require .

History: 1983 a. 439; 1987 a. 186 .

51 .03 Autho rity of department . The department through itssauthorized agents may visit or investigate any treatmentfacility to which persons are admitted or committed underthis chapter.

History: 1975 c. 430 .

51 .038 Outpatient mental health clinic certification . If afacility that provides mental health services on an outpatientbasis holds current accreditation from the council on accredi-tation of services for families and children, the departmentmay accept evidence of this accreditation as equivalent to thestandards established by the department, for the purpose ofcertifying the facility for the receipt of funds for servicesprovided as a benefit to a medical assistance recipient under s .49 .46 (2) (b) 6 . f, a community aids funding recipient under s .51 .423 (2) or as mandated coverage under s . 632 .89 .

History: 1987 a . 27 .


51 .06 Centers for the developmentally disabled . (1) Pux-PosE, The purpose of the northern center for developmentallydisabled, central center for developmentally disabled andsouthern center for developmentally disabled is to provideservices needed by developmentally disabled citizens of thisstate which are otherwise unavailable to them, and to returnsuch persons to the community when their needs can be metat the local level . Services to be provided by the departmentat such centers shall include :

(a) Education within the requirements of sub . (2), training,habilitative and rehabilitative services to those persons placedin its custody .

(b) Development-evaluation services to citizens throughcounty departments under ss . 51 .42 and 51 .437 .

(c) Assistance to such community boards in meeting theneeds of developmentally disabled citizens .

(2) SCHOOL ACTIVITIES. If an individual over the age of 2years and under the age of 22 years and eligible for schoolingunder ss.115.76 (2) and 115 .85 is admitted to, is placed in or is

51.10 Voluntary adm i ssion of adults . (1) With the approvalof the treatment director of the treatment facility or thedirector's designee, or in the case of a center for the develop-mentally disabled, the director of the center or the director's

51 .05 MENTAL HEALTH ACT

51 . 05 Mental health institutes . (1) The mental health insti-tute located at Mendota is known as the "Mendota MentalHealth Institute" and the mental health institute located atWinnebago is known as the "Winnebago Mental HealthInstitute" . Goodland Hall West, a facility located at Men-dota mental health institute, is designated as the "MaximumSecurity Facility at Mendota Mental Health Institute" . Thedepartment shall divide the state by counties into 2 districts,and may change the boundaries of these districts, arrangingthem with reference to the number of patients residing inthem at a given time, the capacity of the institutes and theconvenience of access to them .

(2) The department may not accept for admission to amental health institute any resident person, except in anemergency, unless the county department under s . 51 .42 inthe county where the person has legal residency authorizesthe care, as provided in s . 51 .42 (3) (as) . Patients who arecommitted to the department under s. 971 .14, 971 .17, 975 .01,1977 stats ., s . 975 .02, 1977 stats ., or s. 975 .06, admitted by thedepartment under s . 975 . 1 7, 1977 stats ., or are transferredfrom a juvenile correctional facility to a state treatmentfacility under s. 51 .35 (3) or from a jail or prison to a statetreatment facility under s . 51 .37 (5) are not subject to thissection.

(3) Any person who is without a county responsible for hisor her care and any person entering this state through thecompact established under s . 51.75 may be accepted by thedepartment and temporarily admitted to an institute . Suchperson shall be transferred to the county department under s .51 .42 for the community where the best interests of theperson can best be served, as soon as practicable .

(4) The transfer or discharge of any person who is placed ina mental health institute shall be made subject to s . 51 .35 .

(5) SCHOOL ACTIVITIES . If an individual over the age of 2and under the age of 22 and eligible for schooling under ss .115.76 (2) and 115 .85 is committed, admitted or transferredto or is a resident of the Mendota mental health institute orWinnebago mental health institute, the individual shall at-tend a school program operated by the applicable mentalhealth institute or a school outside the applicab le mentalhealth institute which is approved by the department ofpublic instruction . A school program operated by theMendota mental health institute or Winnebago mental healthinstitute shall be under the supervision of the department ofpublic instruction and shall meet standards prescribed by thatagency .

History : 1975 c . 430 ; 1977 c. 4 28 ; 1979 c . 1 1 7; 1983 a. 293 ; 1985 a. 29 s.3200 (56); 1 985 a . 176; 1987 a . 27 .

87-88 Wis . Stats . 1066

a resident of a center, the individual shall attend a schoolprogram operated by the center or a school outside the centerwhich is approved by the department of public instruction . Aschool program operated by the center shall be underr thesupervision of the department of public instruction and shallmeet standards prescribed by that agency .

(3) ADMISSION. Individuals under the age of 22 years shallbe placed only at the central center for the developmentallydisabled unless the department authorizes the placement ofthe individual at the northern or southern center for thedevelopmentally disabled .

(4) TRANSFER OR DISCHARGE . The transfer or discharge ofany person who is placed in a center for the developmentallydisabled shall be made subject to s . 51 .35 .

History: 1975 c. 430; 1981 c . 20 ; 1985 a . 29 ss . 1061 to 1064, 3200 (56);1985 a . 176.

51 .07 Outpatient services. (1) The department may estab-lish a system of outpatient clinic services in any institutionoperated by the department .

(2) It is the purpose of this section to :(a) Provide outpatient diagnostic and treatment services

for pati ents and their families .(b) Offer precommitment and preadmission evaluations

and studies.(3) The department may provide outpatient services only

to patients contracted for with county departments under ss .5 :1 .42 and 51 .437 in accordance with s. 46 .03 (18), except forthose patients whom the department finds to be nonresidentsof this state. The full and actual cost less applicable collec-tions of such services contracted for shall be charged to therespective county department under s . 51 .42 or 51 .437 . Thestate shall provide the services required for patient care only ifno such services are funded by the department in the countyor group of counties served by the respective county depart-ment under s. 51 .42 or 51 .437.

History: 1973 c. 90, 333; 1975 c . 430 s . 19 ; 1985 a. 1 76.

51 .08 Milwaukee county mental health complex . Anycounty having a population of 500,000 or more may, pursu-ant to s . 46 .17, establish and maintain a county mental healthcomplex. The county mental health complex shall be ahospital devoted to the detention and care of drug addicts,alcoholics, chronic patients and mentally ill persons whosemental illness is acute . Such hospital shall be governedpursuant to s. 46 .21 . Treatment of alcoholics at the countymental health complex is subject to approval by the depart-ment under s. 51 .45 (8) . The county mental health complexestablished pursuant to this section is subject to rules promul-gated by the department concerning hospital standards .

Histor y: 1971 c. 108 ss. 5, 6 ; 1971 c. 125 ss . 350 to 352, 523 ; 1971 c. 2t l ;1 973 c . 90, 198 ; 1975 c . 4 1 ; 1975 c. 430 s . 15 ; Stats. 1975 s. 51 .08; 1985 a. 332 s .251 (1) ; 1987 a. 307 .

51.09 County hospitals . Any county having a population ofless than 500,000 may establish a hospital or, facilities for thedetention and care of mentally ill persons, alcoholics anddrug addicts; and in connection therewith a hospital orfacility for the care of cases afflicted with pulmonary tubercu-losis. County hospitals established pursuant to this sectionare subject to rules promulgated by the department concern-inLg hospital standards, including standards for alcoholictreatment facilities under s . 51 .45 (8) .

Hi story: 1971 c. 2 1 1 ; 1973 c . 198; 1975 c . 430 s. 16; Stats . 1 975 s . 51 .09 ;1985 a . 332 s . 251 (1) .


(5) (a) At the time of admission to an inpatient facility theindividual being admitted shall be informed orally and inwriting of his or her right to leave upon submission of awritten request to the staff of the facility except when thedirector or such person's designee files a statement of emer-gency detention under s . 51 .15 with the court by the end of thenext day in which the court transacts business .

(b) Writing materials for use in requesting discharge shallbe available at all times to any voluntarily admitted individ-ual, and shall be given to the individual upon request . A copyof the patient's and resident's rights shall be given to theindividual at the time of admission .

(c) Any patient or resident voluntarily admitted to aninpatient treatment facility shall be discharged on request,unless the treatment director or the treatment director'sdesignee has reason to believe that the patient or resident isdangerous in accordance with the standards provided unders. 51 .20 (1) (a) 2 or (am) and files a statement of emergencydetention under s . 51 .15 with the court by the end of the nextday in which the court transacts business . The patient orresident shall be notified immediately when such a statementis to be filed . Prior to the filing of a statement, the patient orresident may be detained only long enough for the staff of thefacility to evaluate the individual's condition and to file thestatement of emergency detention . This time period may notexceed the end of the next day in which the court transactsbusiness . Once a statement is filed, a patient or resident maybe detained as provided in s . 51 .15 (1) . The probable causehearing required under s . 51 .20 (7) shall be held within 72hours after the request for discharge, excluding Saturdays,Sundays and legal holidays .

( 6) A person against whom a petition for involuntarycommitment has been filed under s . 51 .15 or 51 .20 may agreeto be admitted to an inpatient treatment facility under thissection. The court may permit the person to become avoluntary patient or resident pursuant to this section uponsigning an application for voluntary admission, if the directorof the appropriate county department under s . 51 .42 or51 .437 and the director of the facility to which the person willbe admitted approve of the voluntary admission within 30days of the admission. Except as provided in s . 51 .20 (8) (bg)or (bin), the court shall dismiss the proceedings under s . 51 .2030 days after the person's admission if the person is still avoluntary patient or resident or upon the discharge of theperson by the treatment director of the facility or his or herdesignee, if that occurs first . For any person who is avoluntary patient or resident under this subsection, actionsrequired under s . 51 .35 (5) shall be initiated within 14 days ofadmission .

(7) The treatment director of a facility may temporarilyadmit an individual to an inpatient facility when there isreason to question the competency of such individual . Thetreatment director shall then apply to the court for appoint-ment of a guardian within 48 hours of the time of admission,exclusive of Saturdays, Sundays and legal holidays . Theindividual may remain at the facility pending appointment ofa guardian .

( 8) An adult for whom a guardian of the person has beenappointed under ch. 880 because of the subject's incompe-tency may be voluntarily admitted to an inpatient treatmentfacility under this section only if the guardian and the wardconsent to such admission .

(9) Upon admission to an inpatient facility, the facilityshall offer the patient orally and in writing the opportunity toexecute an informed consent form under s . 51 .30 (2), requir-ing the facility to notify the patient's parent, child or spouseor any other adult of the patient's release . If the patient signs

designee, and the approval of the director of the appropriatecounty department under s . 51 .42 or 51 .437 , an adult desiringadmission to an approved inpatient treatment facility may beadmitted upon application . This subsection applies only toadmissions made through a county department under s . 51 .42or 51 .437 or through the department .

(2) With the approval of the director of the treatmentfacility or the director's designee and the director of theappropriate county department under s . 51 .42 or 51 .437, anadult may be voluntarily admitted to a state inpatient treat-ment facility .

(3) Voluntary admission of adult alcoholics shall be inaccordance with s . 51 .45 (10).

(4) The criteria for voluntary admission to an inpatienttreatment facility shall be based on an evaluation that theapplicant is mentally ill or developmentally disabled , or is analcoholic or drug dependent and that the person has thepotential to benefit from inpatient care, treatment or therap y.An applicant is not required to meet standards of dangerous -ness as established in s . 51 .20 (1) (a) to be eligible for thebenefits of voluntary treatment programs . An applicant maybe admitted for the purpose of making a diagnosticevaluation .

(4m) (a) An adult who meets the criteria for voluntaryadmission under sub . (4) and whose admission is approvedunder sub. (1) or (2) may also be admitted to an inpatienttreatment facility if:

1 . A physician of the facility submits a signed request andcertifies in writing, before not less than 2 witnesses, that thephysician has advised the patient in the presence of thewitnesses both orally and in writing of the person's rightsunder sub. (5) and of the benefits and risks of treatment, thepatient's right to the least restrictive form of treatmentappropriate to the patient's needs and the responsibility ofthe facility to provide the patient with this treatment; or

2. The person applies for admission in writing .(b) Any person admitted under par. (a) 1 who fails to

indicate a desire to leave the facility but who refuses or isunable to sign an application for admission is presumed toconsent to admission and may be held for up to 7 days as avoluntary patient .

(c) On the first court day following admission under par .(a) 1, the facility shall notify the court assigned to exerciseprobate jurisdiction for the county in which the facility islocated of the admission . Within 24 hours after receiving thisnotice, excluding Saturdays, Sundays and holidays, the courtshall appoint a guardian ad litem to visit the facility and todetermine if there has been compliance with this subsection .The guardian ad litem shall visit the patient within 48 hours,excluding Saturdays, Sundays and holidays, to ascertainwhether the patient wishes a less restrictive form of treatmentand , if so, shall assist the patient in obtaining the prope rassistance from the facility. The guardian ad litem shallinform the patient of all rights to which the patient is entitledunder this chapter .

(d) If a patient admitted under par . (a) 1 has not signed avoluntary admission application within 7 days after admis ••sion, the patient, the guardian ad litem and the physician whosigned the admission request shall appear before the judge orcourt commissioner of the court assigned to exercise probatejurisdiction for the county in which the facility is located todetermine whether the patient shall remain in the facility as avoluntary patient . If the judge or court commissioner deter••mines that the patient desires to leave the facility, the facilityshall discharge the patient . If the facility has reason to believethe patient is el igible for commitment under s . 51 . 20, thefacility may initiate procedures for involuntary commitment ..



51 .437 if the county department is to be responsible for thecost of the minor's therapy and treatment, within 14 days ofthe minor's admission .

(2) OTHER ADMISSIONS . (a) A minor may be admitted to aninpatient treatment facility without complying with the re-quirements of this section if the admission does not involvethe department or a county department under s . 51 .42 or51 .437, or a contract between a treatment facility and thedepartment or between a treatment facility and a countydepartment . The application for voluntary admission of aminor who is 14 years of age or over shall be executed by theminor and a parent who has legal custody of the minor or theminor's guardian .

(b) Notwithstanding par. (a), any minor who is 14 years ofage or older who is admitted to an inpatient treatment facilityfor the primary purpose of treatment of mental illness,developmental disability, alcoholism or drug abuse has theright to be discharged within 48 hours of his or her request, asprovided in sub. (7) (b) . At the time of admission, any minorwho is 14 years of age or older shall be informed of this rightorally and in writing by the director of the hospital or suchperson's designee. This paragraph does not apply to individu-als who receive services in hospital emergency rooms .

(c) A copy of the patient's rights established under s . 51 .61shall be given and explained to the minor and the minor'sparent or guardian at the time of admission by the director ofthe facility or such person's designee .

(d) Writing materials for use in requesting a dischargeshall be made available at all times to all minors who are 14years of age or older admitted under this subsection. The staffof the facility shall assist such minors in preparing or submit-ting requests for discharge .

( 3) NOTICE OF RIGHTS, (a) Prior to admission if possible, oras soon thereafter as possible, the minor and the parent orguardian shall be informed by the director of the facility orhis or her designee, both orally and in writing, in easilyunderstandable language, of the review procedure in sub. (4),including the standards to be applied by the court and thepossible dispositions, the right to a hearing upon requestunder sub . (4), and the minor's right to appointed counsel asprovided in sub. (4) (d) if a hearing is held.

(b) A minor 14 years of age or older and his or her parentor guardian shall also be informed by the director or his orher designee, both orally and in writing, in easily understand-able language, of the minor's right to request discharge and tobe discharged within 48 hours of the request if no petition orstatement is filed for emergency detention, emergency com-mitment, involuntary commitment or protective placement,and the minor's right to consent to or refuse treatment asprovided in s . 51 .61 (6) .

(c) A minor under 14 years of age and his or her parent orguardian shall also be informed by the director or his or herdesignee, both orally and in writing, in easily understandablelanguage, of the minor's right to a hearing to determinecontinued appropriateness of the admission as provided insub. (7) .

(d) A copy of the patient's rights established in s . 51 .61shall be given and explained to the minor and the minor'sparent or guardian at the time of admission by the director ofthe facility or such person's designee .

(e) Writing materials for use in requesting a hearing ordischarge under this section shall be made available to minorsat all times by every inpatient treatment facility . The staff ofeach such facility shall assist minors in preparing and submit-ting requests for discharge or hearing .

( 4) REVIEW PROCEDURE . (a) Within 3 days of the admissionof a minor under sub. (1), or within 3 days of application for

51 .13 Admission of minors . (1) ADMISSION THROUGH 130ARDOR DEPARTMENT. (a) Except as provided in s . 51 .45 (2m), theapplication for voluntary admission of a minor who is under14 years of age to an approved inpatient treatment facilityshall be executed by a parent who has legal custody of theminor or the minor's guardian . Any statement or conduct bya minor under the age of 14 indicating that the minor does notagree to admission to the facility shall be noted on the face ofthe application and shall be noted in the petition required bysub. (4) .

(b) The application for voluntary admission of a minor'who is 14 years of age or over shall be executed by the minorand a parent who has legal custody of the minor or theminor's guardian, except as provided in par. (c) .

(c) If a minor 14 years of age or older wishes to be admittedto an approved inpatient treatment facility but a parent withlegal custody or the guardian refuses to execute the applica-tion for admission or cannot be found, or if there is no parentwith legal custody, the minor or a person acting on theminor's behalf may petition the court assigned to exercisejurisdiction under ch . 48 in the county of residence of theparent or guardian for approval of the admission . A copy ofthe petition and a notice of hearing shall be served upon theparent or guardian at his or her last-known address . If, afterhearing, the court determines that the parent or guardian'sconsent is unreasonably withheld or that the parent orguardian cannot be found or that there is no parent with legalcustody, and that the admission is proper under the standardsprescribed in sub . (4) (d), it shall approve the minor's admis-sion without the parent or guardian's consent . The courtmay, at the minor's request, temporarily approve the admis-sion pending hearing on the petition . If a hearing is heldunder this subsection, no review or hearing under sub . (4) isrequired.

(d) A minor against whom a petition or statement has beenfiled under s. 51 .15, 51 .20 or 51 .45 (12) or (13) may beadmitted under this section . The court may permit the minorto become a voluntary patient pursuant to this section uponapproval by the court of an application executed pursuant topar. (a), (b) or (c), and the judge shall then dismiss theproceedings under s . 51 .15, 51 .20 or 51 .45 . If a hearing is heldunder this subsection, no hearing under sub . (4) is required .

(e) A minor may be admitted immediately upon theapproval of the application executed under par . (a) or (b) bythe treatment director of the facility or his or her designee or,in the case of a center for the developmentally disabled, thedirector of the center or his or her designee, and the directorof the appropriate county department under s. 51 .42 or51 .437 if such county department is to be responsible for thecost of the minor's therapy and treatment . Approval shall bebased upon an informed professional opinion that the minoris in need of psychiatric services or services for developmentaldisability, alcoholism or drug abuse, that the treatmentfacility offers inpatient therapy or treatment which is appro-priate for the minor's needs and that inpatient care in thefacility is the least restrictive therapy or treatment consistentwith the minor's needs .

(f) Admission under par. (c) or (d) shall also be approvedby the treatment director of the facility or his or her designee,or in the case of a center for the developmentally disabled, thedirector of the center or his or her designee, and the directorof the appropriate county department under s . 51 .42 or


the consent form, the facility shall notify the person specifiedin the form as soon as possible after the patient requestsrelease .

History: 1 975 c . 430 ; 1977 c . 354, 428, 447 ; 1 979 c . 336 ; 1 985 a . 29 s . 3200(56) ; 1985 a. 139,176,332; 1987 a . 366.

87-88 Wis. Stats. 1068


fact and conclusions of law . Findings shall be based on aclear and convincing standard of proof.

(g) If the court finds that the minor is in need of psychiatricservices, or services for developmental disability, alcoholismor drug abuse in an inpatient facility, that the inpatientfacility to which the minor is admitted offers therapy ortreatment which is appropriate for the minor's needs andwhich is the least restrictive therapy or treatment consistentwith the minor's needs and, in the case of a minor aged 14 orolder, the application is voluntary on the part of the minor, itshall permit voluntary admission. If the court finds that thetherapy or treatment in the inpatient facility to which theminor is admitted is not appropriate or is not the leastrestrictive therapy or treatment consistent with the minor'sneeds, the court may order placement in or transfer toanother more appropriate or less restrictive inpatient facility,except that the court may not permit or order placement in ortransfer to the northern or southern centers for the develop-mentally disabled of a minor unless the department givesapproval for the placement or transfer, and if the order of thecourt is approved by all of the following if applicable :

1 . The minor if he or she is aged 14 or older .2. The treatment director of the facility or his or her

designee.3. The director of the appropriate county department

under s. 51 .42 or 51 .437 if the county department is to beresponsible for the cost of the minor's therapy or treatment.

(h) If the court does not permit voluntary admission underpar. (g), it shall do one of the following:

1 . Dismiss the petition and order the application foradmission denied and the minor released .

2. Order the petition to be treated as a petition forinvoluntary commitment and refer it to the court where thereview under this section was held, or if it was not held in thecounty of legal residence of the subject individual's parent orguardian and hardship would otherwise occur and if the bestinterests of the subject individual would be served thereby, tothe court assigned to exercise jurisdiction under ch . 48 in suchcounty for a hearing under s . 51 .20 or 51 .45 (13) .

3. If the minor is 14 years of age or older and appears to bedevelopmentally disabled, proceed in the manner provided ins. 51.67 to determine whether the minor should receiveprotective placement or protective services, except that aminor shall not have a temporary guardian appointed if he orshe has a parent or guardian .

4. If there is a reason to believe the minor is in need ofprotection or services under s . 48 .13, dismiss the petition andauthorize the filing of a petition under s . 48 .25 (3) . The courtmay release the minor or may order that the minor be takenand held in custody under s . 48 .19 (1) (c) .

(i) Approval of an admission under this subsection doesnot constitute a finding of mental illness, developmentaldisability, alcoholism or drug dependency .

(5) APPEAL . Any person who is aggrieved by a determina-tion or order under this section and who is directly affectedthereby may appeal to the court of appeals under s . 809 .40 .

( 6) SHORT-TERM ADMISSIONS . (a) A minor may be admittedto an inpatient treatment facility without review of theapplication under sub. (4) for diagnosis and evaluation or fordental, medical or psychiatric services for a period not toexceed 12 days . The application for short-term admission ofa minor shall be executed by the minor's parent or guardian,and by the minor if he or she is 14 years of age or older. Aminor may not be readmitted to an inpatient treatmentfacility for psychiatric services under this paragraph within120 days of a previous admission under this paragraph .

such admission, whichever occurs first, the treatment directorof the facility to which the minor is admitted or, in the case ofa center for the developmentally disabled, the director of thecenter, shall file a verified petition for review of the admissionin the court assigned to exercise jurisdiction under ch . 48 inthe county in which the facility is located. The petition shallcontain: 1) the name, address and date of birth of the minor ;2) the names and addresses of the parents or guardian; 3) thefacts substantiating the petitioner's belief in the minor's needfor psychiatric services, or services for developmental disabil-ity, alcoholism or drug abuse; 4) the facts substantiating theappropriateness of inpatient treatment in the inpatient treat-ment facility ; 5) the basis for petitioner's opinion that inpa-tient care in the facility is the least restrictive treatmentconsistent with the needs of the minor ; and 6) notation of anystatement made or conduct demonstrated by the minor in thepresence of the director or staff of the facility indicating thatinpatient treatment is against the wishes of the minor . A copyof the application for admission and of any relevant profes-sional evaluations shall be attached to the petition .

(b) If hardship would otherwise occur and if the bestinterests of the minor would be served thereby, the court may,on its own motion or on the motion of any interested party,remove the petition to the court assigned to exercise jurisdic-tion under ch . 48 of the county of residence of the parent orguardian .

(c) A copy of the petition shall be provided by thepetitioner to the minor and his or her parents or guardianwithin 5 days of admission .

(d) Within 5 days of the filing of the petition, the courtassigned to exercise jurisdiction under ch . 48 shall determine,based on the allegations of the petition and accompanyingdocuments, whether the admission is voluntary on the part ofthe minor if the minor is 14 years of age or older and whetherthere is a prima facie showing that the minor is in need ofpsychiatric services, or services for developmental disability,alcoholism or drug abuse, that the treatment facility offersinpatient therapy or treatment which is appropriate to theminor's needs, and that inpatient care in the treatment facilityis the least restrictive therapy or treatment consistent with theneeds of the minor . If such a showing is made, the court shallpermit voluntary admission . If the court is unable to makesuch determinations based on the petition and accompanyingdocuments, it shall dismiss the petition as provided in par .(h) ; or order additional information to be produced as itdeems necessary to make such review, and make such deter-minations within 14 days of admission or application foradmission, whichever is sooner ; or it may hold a hearingwithin 14 days of admission or application for admission,whichever is sooner. If a notation of the minor's unwilling-ness appears on the face of the petition, or if a hearing hasbeen requested by the minor, the minor's counsel, parent orguardian, the court shall hold a hearing to review the admis-sion within 14 days of admission or application for admis-sion, whichever is sooner, and shall appoint counsel torepresent the minor if the minor is unrepresented. If the courtdeems it necessary, it shall also appoint a guardian ad litem torepresent the minor .

(e) Notice of the hearing under this subsection shall beprovided by the court by certified mail to the minor, theminor's parents or guardian, the minor's counsel and guard-ian ad litem if any, the petitioner and any other interestedparty at least 96 hours prior to the time of hearing .

(0 The rules of evidence in civil actions shall apply to an, yhearing under this section . A record shall be maintained ofthe entire proceedings. The record shall include findings of

1069 87-88 Wis . Stats. MENTAL HEALTH ACT 51 .13


treatment and social services for mental illness, exceptpsychotropic medications and 24-hour care and custody,provided by a treatment facility .

(2) MENTAL HEALTH REVIEW OFFICER . Each court assignedto exercise jurisdiction under ch . 48 shall designate a mentalhealth review officer to review petitions filed under sub. (3) .

(3) REVIEW BY MENTAL HEALTH REVIEW OFF ICER. (a) Either aminor 14 years of age or older or his or her parent or guardianmay petition the mental health review officer in the county inwhich the parent or guardian has residence for a review of arefusal of either the minor or his or her parent or guardian toprovide the informed consent for outpatient mental healthtreatment required under s. 51 .61 (6) .

(b) A petition filed under this subsection shall contain all ofthe following:

1 . The name, address and birth date of the minor .2. The name and address of the parent or guardian of the

minor .3 . The facts substantiating the petitioner's belief that the

minor needs outpatient mental health treatment .4. Any available information which substantiates the ap-

propriateness of the particular treatment sought for theminor and that the particular treatment sought is the leastrestrictive treatment consistent with the needs of the minor .

(c) Any professional evaluations relevant under par . (b) 3or 4 shall be attached to the petition filed under thissubsection .

(d) The court which appointed the mental health reviewofficer shall ensure that necessary assistance is provided tothe petitioner in the preparation of the petition under thissubsection .

(e) The mental health review officer shall notify the countydepartment under s . 51 .42 or 51 .437 of the contents of anypetition received by the mental health review officer underthis subsection. The county department under s . 51 .42 or51 .437 may, following review of the petition contents, makerecommendations to the mental health review officer as to theneed for and appropriateness and availability of treatment .

(f) If prior to a hearing under par. (g) either the minor orhis or her parent or guardian requests and the mental healthreview officer determines that the best interests of the minorwould be served, a petition may be filed for court reviewunder sub. (4) without further review under this subsection .

(g) Within 21 days after the filing of a petition under thissubsection, the mental health review officer shall hold ahearing on the refusal of the minor or the minor's parent orguardian to provide informed consent for outpatient treat-ment. The mental health review officer shall provide notice ofthe date, time and place of the hearing to the minor and theminor's parent or guardian at least 96 hours prior to thehearing .

(h) If following the hearing under par . (g) and after takinginto consideration the recommendations, if any, of thecounty department under s . 51 .42 or 51 .437 made under par .(e), the mental health review officer finds all of the following,he or she shall issue a written order that, notwithstanding thewritten, informed consent requirement of s . 51 .61 (6), thewritten, informed consent of the minor, if the minor isrefusing to provide consent, or the written, informed consentof'the minor's parent or guardian, if the parent or guardian isrefusing to provide consent, is not required for outpatientmental health treatment for the minor :

1. The informed consent is unreasonably withheld .2. The minor is in need of treatment .3. The particular treatment sought is appropriate for the

minor and is the least restrictive treatment available .

51 . 14 Outpatient treatment of minors . (1) DEFINITIONS . Inthis section, "outpatient mental health treatment" means


(b) The application shall be reviewed by the treatmentdirector of the facility or, in the case of a center for thedevelopmentally disabled, by the director, and shall be ac-cepted only if the director determines that the admissionconstitutes the least restrictive means of obtaining adequatediagnosis and evaluation of the minor or adequate provisionof medical, dental or psychiatric services .

(c) At the end of the 12-day period, the minor shall bereleased unless an application has been filed for voluntaryadmission under sub . (1) or a petition or statement has beenfiled for emergency detention, emergency commitment, in-voluntary commitment or protective placement .

(7) DISCHARGE. (a) If a minor is admitted to an inpatienttreatment facility while under 14 years of age, and if uponreaching age 14 is in need of further inpatient care andtreatment, the director of the facility shall request the minorand the minor's parent or guardian to execute an applicationfor voluntary admission. Such an application may be exe-cuted within 30 days prior to a minor's 14th birthday. If theapplication is executed, a petition for review shall be filed inthe manner prescribed in sub. (4), unless such a review hasbeen held within the last 120 days . If the application is notexecuted by the time of the minor's 14th birthday, the minorshall be discharged unless a petition or statement is filed foremergency detention, emergency commitment, involuntarycommitment or protective placement by the end of the nextday in which the court transacts business .

(b) Any minor 14 years of age or over voluntarily admittedunder this section may request discharge in writing. Uponreceipt of any form of written request for discharge, thedirector of the facility in which the minor is admitted shallimmediately notify the minor's parent or guardian . Theminor shall be discharged within 48 hours after submission ofthe request, exclusive of Saturdays, Sundays and legal holi-days, unless a petition or statement is filed for emergencydetention, emergency commitment, involuntary commitmentor protective placement .

(c) Any minor under 14 years of age who is voluntarilyadmitted under this section may submit a written request tothe court for a hearing to determine the continued appropri-ateness of the admission . If the director or staff of theinpatient treatment facility to which a minor under the age of14 is admitted observes conduct by the minor which demon-strates an unwillingness to remain at the facility, includingbut not limited to a written expression of opinion or unautho-rized absence, the director shall file a written request with thecourt to determine the continued appropriateness of theadmission. A request which is made personally by a minorunder this paragraph shall be signed by the minor but neednot be written or composed by him or her . A request for ahearing under this paragraph which is received by staff or thedirector of the facility in which the child is admitted shall befiled with the court by the director . The court shall order ahearing upon request if no hearing concerning the minor'sadmission has been held within 120 days of receipt of therequest . The court shall appoint counsel and, if the courtdeems it necessary, a guardian ad litem to represent the minorand if a hearing is held shall hold the hearing within 14 days ofthe request, unless the parties agree to a longer period . Afterthe hearing, the court shall make disposition of the matter inthe manner provided in sub . (4) .

History : 1977 c . 428 ; 1979 c . 32 s . 91 ; 1979 c . 300, 331 ; 1981 c . 74; 1985 a .29, 176; 1987 a . 366 .

Due process rights of minor child whose parents or guardians seek admis-sion of child discussed . Parham v . J. R ., 442 US 584 (1979). See also Secy . ofPubl . Welf, v. Institutionalized Juveniles, 442 US 640 (1979) .

87-88 Wis. Stats. 1070


51 .15 Emergency detention . (1) BASIS FOR DETENTION. (a) Alaw enforcement officer or other person authorized to take achild into custody under ch. 48 may take an individual intocustody if the officer or person has cause to believe that suchindividual is mentally ill, drug dependent or developmentallydisabled, and that the individual evidences any of thefollowing:

1 . A substantial probability of physical harm to himself orherself as manifested by evidence of recent threats of orattempts at suicide or serious bodily harm .

2. A substantial probability of physical harm to otherpersons as manifested by evidence of recent homicidal orother violent behavior on his or her part, or by evidence thatothers are placed in reasonable fear of violent behavior andserious physical harm to them, as evidenced by a recent overtact, attempt or threat to do serious physical harm on his orher part .

3 . A substantial probability of physical impairment orinjury to himself or herself due to impaired judgment, asmanifested by evidence of a recent act or omission . Theprobability of physical impairment or injury is not substan-tial under this subdivision if reasonable provision for theindividual's protection is available in the community andthere is a reasonable probability that the individual will availhimself or herself of these services or, in the case of a minor, ifthe individual is appropriate for services or placement unders . 48 .13 (4) or (11) . Food, shelter or other care provided to anindividual who is substantially incapable of obtaining thecare for himself or herself, by any person other than atreatment facility, does not constitute reasonable provisionfor the individual's protection available in the communityunder this subdivision .

4. Behavior manifested by a recent act or omission that,due to mental illness or drug dependency, he or she is unableto satisfy basic needs for nourishment, medical care, shelteror safety without prompt and adequate treatment so that asubstantial probability exists that death, serious physicalinjury, serious ,physical debilitation or serious physical dis-ease will imminently ensue unless the individual receivesprompt and adequate treatment for this mental illness or drugdependency . No substantial probability of harm under thissubdivision exists if reasonable provision for the individual'streatment and protection is available in the community andthere is a reasonable probability that the individual will availhimself or herself of these services, if the individual canreceive protective placement under s . 55 .06 or, in the case of aminor, if the individual is appropriate for services or place-ment under s. 48 .13 (4) or (11). The individual's status as aminor does not automatically establish a substantialprobability of death, serious physical injury, serious physicaldebilitation or serious disease under this subdivision . Food,shelter or other care provided to an individual who issubstantially incapable of providing the care for himself orherself, by any person other than a treatment facility, doesnot constitute reasonable provision for the individual's treat-ment or protection available in the community under thissubdivision .

(b) The officer's or person's belief shall be based on any ofthe following:

1 . A specific recent overt act or attempt or threat to act oromission by the individual which is observed by the officer orperson.

2. A specific recent overt act or attempt or threat to act oromission by the ind ividual which is reliably reported to theofficer or person by any other person, including any proba-tion and parole agent authorized by the department to

4. The proposed treatment is in the best interests of theminor.

(i) The findings under par. (h) and the reasons supportingeach finding shall be in writing .

(j) The mental health review officer shall notify the minorand the minor's parent or guardian of the right to judicialreview under sub . (4) .

(k) No person may be a mental health review officer in aproceeding under this section if he or she has providedtreatment or services to the minor who is the subject of theproceeding.

( 4) JUDICIAL REVIEW . (a) Within 21 days after the issuanceof the order by the mental health review officer under sub . (3)or if the requirements of sub . (3) (flare satisfied, the minor orhis or her parent or guardian may petition a court assigned toexercise jurisdiction under ch . 48 in the county of residence ofthe minor's parent or guardian for a review of the refusal ofeither the minor or his or her parent or guardian to providethe informed consent for outpatient mental health treatmentrequired under s. 51 .61 (6) .

(b) The petition in par. (a) shall conform to the require-ments set forth in sub . (3) (b) . If the minor has refused toprovide informed consent, a notation of this fact shall bemade on the face of the petition .

(c) If a notation of a minor's refusal to provide informedconsent to outpatient mental health treatment appears on thepetition, the court shall, at least 7 days prior to the timescheduled for the hearing, appoint counsel to represent theminor if the minor is unrepresented . If the minor's parent orguardian has refused to provide informed consent and theminor is unrepresented, the court shall appoint counsel torepresent the minor, if requested by the minor or determinedby the court to be in the best interests of the minor .

(d) The court shall hold a hearing on the petition within 21days after filing of the petition .

(e) Notice of the hearing under this subsection shall beprovided by the court by certified mail, at least 96 hours priorto the hearing, to the minor, the minor's parent or guardian .,the minor's counsel and guardian ad litem, if any, and airyother interested party known to the court .

(f) The rules of evidence in civil actions shall apply to an,yhearing under this section. A record, including writtenfindings of fact and conclusions of law, shall be maintained ofthe entire proceedings . Findings shall be based on evidencethat is clear, satisfactory and convincing.

(g) After the hearing under this subsection, the court shallissue a written order stating that, notwithstanding the writ-ten, informed consent requirement of s . 51 .61 (6), the written,informed consent of the minor, if the minor refuses to provideconsent, or the written, informed consent of the parentt orguardian, if the parent or guardian refuses to provide con-sent, is not required for outpatient mental health treatmentfor the minor if the court finds all of the following :

1 . The informed consent is unreasonably withheld .2. The minor is in need of treatment .3. The particular treatment sought is appropriate for the

minor and is the least restrictive treatment available .4. The treatment is in the best interests of the minor.( 5) APPEAL. Any person who is aggrieved by a deternuna•-

tion or order under sub . (4) and who is directly affected by thedetermination or order may appeal to the court of appealsunder s. 809 .40.

(6) FINDING OR ORDER NOT A FINDING OF MENTAL ILLNESS . A ,

finding or order under this section does not constitute afinding of mental illness .

History: 1987 a. 367.NOTE: 1987Wis . Act 367, that created this section, contains a prefatory note

and an explanatory note following the section.

1071 87-88 Wis . Stats . MENTAL HEALTH ACT 51 .iS


exercise control and supervision over a probationer orparolee .

(2) FACILITIES FOR DETENTION . The law enforcement officershall transport the individual, or cause him or her to betransported for detention and for treatment if permittedunder sub . (6) to any of the following facilities :

(a) A hospital which is approved by the depart ment as adetention facility or under contract with a county de partmentunder s. 51 .42 or 51 .437, or an approved public treatmentfacility ;

(b) A center for the developmenta lly disabled ;(c) A state treatment facility ; or(d) An approved private treatment facility, if the facility

agrees to detain the individual .(3) CUSTODY. Upon arrival at the facility, the individual is

deemed to be in the custody of the facility .(4) DETENTION PROCEDURE ; MILWAUKEE COUNTY. (a) In

counties having a population of 500,000 or more, the lawenforcement officer s hall sign a statement of emergencydetention which shall provide detailed specific informationconcerning the recent overt act, attempt or threat to act oromission on which the be lief under sub. (1) is based and thenames of the persons observing or reporting the recent overtact, attempt or threat to act or omission . The law enforce-ment officer is not required to designate in the statementwhether the subject individual is mentally ill, developmen-tally disabled or drug dependent, but shall allege that he orshe has cause to believe that the individual evidences one ormore of these conditions . The law enforcement officer shalldeliver, or cause to be delivered, the statement to the deten-tion facility upon the delivery of the individual to it .

(b) Upon delivery of the individual, the treatment directorof the facility, or his or her designee, shall determine within 24hours whether the individual shall be detained, or shall bedetained and treated, if treatment is permitted under sub . (8),and shall either release the individual or detain him or her fora period not to exceed 72 hours after delivery of the individ-ual, exclusive of Saturdays, Sundays and legal holidays . I fthe treatment director, or his or her designee, determines thatthe individual is not eligible for commitment under s . 51 .20(1) (a), the treatment director shall release the individualimmediately, unless otherwise authorized by law . If theindividual is detained, the treatment director or his or herdesignee may supplement in writing the statement filed by thelaw enforcement officer, and shall designate whether thesubject individual is believed to be mentally ill, developmen-tally disabled or drug dependent, if no designation was madeby the law enforcement officer . The director or designee mayalso include other specific information concerning his or herbelief that the individual meets the standard for commitment .The treatment director or designee shall then promptly filethe original statement together with any supplemental state-ment and notification of detention with the court havingprobate jurisdiction in the county in which the individua l wastaken into custody . The filing of the statement and notifica-tion has the same effect as a petition for commitment under s .51 .20 .

(5) DETENTION PROCEDURE; OTHER COUNTIES . In countieshaving a population of less than 500,000, the law enforcementofficer shall sign a statement of emergency detention whichshall provide detailed specific information concerning therecent overt act, attempt or threat to act or omission on whichthe belief under sub . (1) is based and the names of personsobserving or reporting the recent overt act, attempt or threatto act or omission . The law enforcement officer is notrequired to designate in the statement whether the subjectindividual is mentally ill, developmentally disab l ed or drug

dependent, but shall allege that he or she has cause to believethat the individual evidences one or more of these conditions .The statement of emergency detention shall be filed by theofficer with the detention facility at the time of admission,and with the court immediately thereafter . The filing of thestatement has the same effect as a petition for commitmentunder s . 51 .20. When upon the advice of the treatment staff,the director of a facility specified in sub . (2) determines thatthe grounds for detention no longer exist, he or she shalldischarge the individual detained under this section . Unless ahearing is held under s . 51 .20 (7) or 55.06 (11) (b), the subjectindividual may not be detained by the law enforcementofficer and the facility for more than a total of 72 hours,exclusive of Saturdays, Sundays and holidays.

(6) RELEASE. If the individual is released, the treatmentdirector or his or her designee, upon the individual's request,shall arrange for the individual's transportation to the local-ity where he or she was taken into custody .

(7) INTERCOUNTY AGREEMENTS. Counties may enter intocontracts whereby one county agrees to conduct commitmenthearings for individuals who are detained in that county butwho are taken into custody under this section in anothercounty. Such contracts shall include provisions for reim-bursement to the county of detention for all reasonable directand auxiliary costs of commitment proceedings conductedunder this section and s . 51 .20 by the county of detentionconcerning individuals taken into custody in the other countyand shall include provisions to cover the cost of any volun-ta.ry or involuntary services provided under this chapter tothe subject individual as a result of proceedings or condi-tional suspension of proceedings resulting from the notifica-tion of detention . Where there is such a contract binding thecounty where the individual is taken into custody and thecounty where the individual is detained, the statements ofdetention specified in subs. (4) and (5) and the notificationspecified in sub . (4) shall be filed with the court havingprobate jurisdiction in the county of detention, unless thesubject individual requests that the proceedings be held in thecounty in which the individual is taken into custody .

(8) TREATMENT. When an individual is detained under thissection, the director and staff of the treatment facility maytreat the individual during detention, if the individual con-sents . The individual has a right to refuse medication andtreatment as provided in s . 51.61 (1) (g) and (h). Theindividual shall be advised of that right by the director of thefacility or his or her designee, and a report of all treatmentprovided shall be filed by that person with the court .

(9) NOTICE OF RIGHTS . At the time of detention the individ-ual-shall be informed by the director of the facility or suchperson's designee, both orally and in writing, of his or herright to contact an attorney and a member of his or herimmediate family, the right to have an attorney provided atpublic expense, as provided under s . 967 .06 and ch . 977, if theindividual is indigent, the right to remain silent and that theindividual's statements may be used as a basis for commit-ment. The individual shall also be provided with a copy of thestatement of emergency detention .

(10)VOLUNTARY PATIENTS . If an individual has been admit-ted to an approved treatment facility under s. 51 .10 or 51 . 1 3,or has been otherwise admitted to such facility, the treatmentdirector or his or her designee, if conditions exist for takingthe individual into custody under sub. (1), may sign astatement of emergency detention and may detain, or detainand treat, such individual as provided in this section . In suchcase, the treatment director shall undertake all responsibili-ties which are required of a law enforcement officer under thissection. The treatment director shall promptly file the

51 .15 MENTAL HEALTH ACT 87-88 Wis. Stats. 1072


than a treatment facility, does not constitute reasonableprovision for the subject individual's protection available inthe community under this subd. 2, c .

d. Evidences behavior manifested by recent acts or omis-sions that, due to mental illness, he or she is unable to satisfybasic needs for nourishment, medical care, shelter or safetywithout prompt and adequate treatment so that a substantialprobability exists that death, serious physical injury, seriousphysical debilitation or serious physical disease will immi-nently ensue unless the individual receives prompt and ade-quate treatment for this mental illness . No substantialprobability of harm under this subd. 2 . d exists if reasonableprovision for the individual's treatment and protection isavailable in the community and there is a reasonableprobability that the individual will avail himself or herself ofthese services, if the individual is appropriate for protectiveplacement under s. 55 .06 or, in the case of a minor, if theindividual is appropriate for services or placement under s.48 .13 (4) or (11) . The individual's status as a minor does notautomatically establish a substantial probability of death,serious physical injury, serious physical debilitation or seri-ous disease under this subd . 2 . d . Food, shelter or other careprovided to an individual who is substantially incapable ofobtaining the care for himself or herself, by any person otherthan a treatment facility, does not constitute reasonableprovision for the individual's treatment or protection avail-able in the community under this subd . 2 . d .

(ab) If the individual is an inmate of a prison, jail or othercriminal detention facility, the fact that the individual re-ceives food, shelter and other care in that facility may notlimit the applicability of par . (a) to the individual . The food,shelter and other care does not constitute reasonable provi-sion for the individual's protection available in thecommunity .

(am) If the individual has been the subject of inpatienttreatment for menu; illness, developmental disability or drugdependency immediately prior to commencement of theproceedings as a result of a voluntary admission or a commit-ment or placement ordered by a court under this section or s .55.06 or 971 .17 or ch . 975, or if the individual has been thesubject of outpatient treatment for mental illness, develop-mental disability or drug dependency immediately prior tocommencement of the proceedings as a result of a commit-ment ordered by a court under this section or s. 971 .17 or ch .975, the requirements of a recent overt act, attempt or threatto act under par . (a) 2 . a or b, a pattern of recent acts oromissions under par . (a) 2 . c or recent behavior under par . (a)2. d may be satisfied by a showing that there is a substantiallikelihood, based on the subject individual's treatmentrecord, that the individual would be a proper subject forcommitment if treatment were withdrawn . If the individualhas been admitted voluntarily to an inpatient treatmentfacility for not more than 30 days prior to the commencementof the proceedings and remains under voluntary admission atthe time of commencement, the requirements of a specificrecent overt act, attempt or threat to act or pattern of recentacts or omissions may be satisfied by a showing of an act,attempt or threat to act or a pattern of acts or omissionswhich took place immediately previous to the voluntaryadmission . If the individual is committed under s . 971 .14 (2)or (5) at the time proceedings are commenced, or has beendischarged from the commitment immediately prior to thecommencement of proceedings, acts, attempts, threats, omis-sions or behavior of the subject individual during or subse-quent to the time of the offense shall be deemed recent forpurposes of par. (a) 2 .

51 .20 Involuntary commitment for treatment . (1) PETITIONFOR EXAMINATION . (a) Except as provided in gars . (ab), (am),(ar) and (av), every written petition for examination shallallege that all of the following apply to the subject individualto be examined :

1 . The individual is mentally ill, drug dependent, or devel-opmentally disabled and is a proper subject for treatment .

2. The individual is dangerous because he or she does anyof the following :

a. Evidences a substantial probability of physical harm tohimself or herself as manifested by evidence of recent threatsof or attempts at suicide or serious bodily harm .

b. Evidences a substantial probability of physical harm toother individuals as manifested by evidence of recent homici-dal or other violent behavior, or by evidence that others areplaced in reasonable fear of violent behavior and seriousphysical harm to them, as evidenced by a recent overt act,attempt or threat to do serious physical harm . In this subd . 2 .b, if the petition is filed under a court order under s . 48 .30 (5)(c) 1, a finding by the court exercising jurisdiction under ch ..48 that the child committed the act or acts alleged in thepetition under s . 48 .12 or 48 .13 (12) may be used to prove thatthe child exhibited recent homicidal or other violent behavioror committed a recent overt act, attempt or threat to doserious physical harm .

c. Evidences such impaired judgment, manifested by evi-dence of a pattern of recent acts or omissions, that there is asubstantial probability of physical impairment or injury tohimself or herself. The probability of physical impairment orinjury is not substantial under this subd . 2 . c if reasonableprovision for the subject individual's protection is available inthe community and there is a reasonable probability that theindividual will avail himself or herself of these services, if theindividual is appropriate for protective placement under s .55.06 or, in the case of a minor, if the individual is appropri-ate for services or placement under s . 48 .13 (4) or (11). Thesubject individual's status as a minor does not automaticallyestablish a substantial probability of physical impairment orinjury under this subd . 2 . c. Food, shelter or other careprovided to an individual who is substantially incapable ofobtaining the care for himself or herself, by a person other

1073 87-88 Wis . Slats.

statement with the court having probate jurisdiction in thecounty of detention as provided in this section .

(11) LIABILITY. Any individual acting in accordance withthis section is not liable for any actions taken in good faith .The good faith of the indi vidual shall be presumed in any civilaction . Any person who asserts that the individual acting inaccordance with this section has not acted in good faith hasthe burden of proving that assertion by evidence that is clear,satisfactory and convincing .

(11m) TRAINING. Law enforcement agencies shall desig-nate at least one officer authorized to take an individual intocustody under this section who shall attend the in-servicetraining on emergency detention and emergency protectiveplacement procedures offered by a county department ofcommunity programs under s . 51 .42 (3) (ar) 4 . d, if the countydepartment of community programs serving the law enforce-ment agency's jurisdiction offers an in-service trainingprogram .

(12) PENALTY. Whoever signs a statement under sub . (4),(5) or (10) knowing the information contained therein to befalse may be fined not more than $5,000 or imprisoned notmore than 5 years, or both .History : 1975 c. 430 ; 1977 c . 29, 428; 1979 c . 175, 300, 336, 355 ; 1 985 a.

176; 1987 a . 366, 394 .See note to 893 .80, citing Gordon v. Milwaukee County, 125 W (2d) 62, 3 70

NW (2d) 803 (Ct . App . 1985) .

MENTAL HEALTH ACT 51 .20


(ar) If the individual is an inmate of a state prison, thepetition may allege that the inmate is mentally ill, is a propersubject for treatment and is in need of treatment . Thepetition shall allege that appropriate less restrictive forms oftreatment have been attempted with the individual and havebeen unsuccessful and it shall include a description of the lessrestrictive forms of treatment that were attempted . Thepetition shall also allege that the individual has been fullyinformed about his or her treatment needs, the mental healthservices available to him or her and his or her rights under thischapter and that the individual has had an opportunity todiscuss his or her needs, the services available to him or herand his or her rights with a licensed physician or a licensedpsychologist . The petition shall include the inmate's sentenceand his or her expected date of release as determined under s .53 .11 . The petition shall have attached to it a signedstatement by a licensed physician or a licensed psychologist ofa state prison and a signed statement by a licensed physicianor a licensed psychologist of a state treatment facility attest-ing either of the following :

1 . That the inmate needs inpatient treatment at a statetreatment facility because appropriate treatment is not avail-able in the prison .

2. That the inmate's treatment needs can be met on anoutpatient basis in the prison .

(av) 1. If the individual is an inmate who has beensentenced to imprisonment in a county jail or house ofcorrection, the petition may allege that the inmate is mentallyill, is a proper subject for treatment and is in need oftreatment. The petition shall allege that appropriate lessrestrictive forms of treatment have been attempted with theindividual and have been unsuccessful and shall include adescription of the less restrictive forms of treatment that wereattempted. The petition shall also allege that the individualhas been fully informed about his or her treatment needs, themental health services available to him or her and his or herrights under this chapter and that the individual has had anopportunity to discuss his or her needs, the services availableto him or her and his or her rights with a licensed physician ora licensed psychologist . The petition shall include the in-mate's sentence and his or her expected date of release asdetermined under s . 53 .11 . The petition shall have attachedto it a signed statement by a licensed physician, licensedpsychologist or other mental health professional attestingeither of the following :

a. That the inmate needs inpatient treatment at a state orcounty treatment facility because appropriate treatment isnot available in the jail or house of correction . .

b. That the inmate's treatment needs can be met on anoutpatient basis in the jail or house of correction .

2. This paragraph does not apply to petitions filed underthis section on or after July 1, 1990 .

(b) Each petition for examination shall be signed by 3 adultpersons, at least one of whom has personal knowledge of theconduct of the subject individual, except that this require-ment does not apply if the petition is filed pursuant to a courtorder under s . 48 .30 (5) (c) 1 .

(c) The petition shall contain the names and mailingaddresses of the petitioners and their relation to the subjectindividual, and shall also contain the names and mailingaddresses of the individual's spouse, adult children, parentsor guardian, custodian, brothers, sisters, person in the placeof a parent and person with whom the individual resides orlives . If this information is unknown to the petitioners orinapplicable, the petition shall so state . The petition may befiled in the court assigned to exercise probate jurisdiction forthe county where the subject individual is present or the

county of the individual's legal residence . If the judge of thecourt or a court commissioner who handles probate mattersis not available, the petition may be filed and the hearingunder sub. (7) may be held before a judge or court commis-sioner of any circuit court for the county . For the purposes ofthis chapter, duties to be performed by a court shall be carriedout by the judge of the court or a court commissioner of thecourt who is an attorney and is designated by the judge to soact, in all matters prior to a final hearing under this section .The petition shall contain a clear and concise statement of thefacts which constitute probable cause to believe the allega-tions of the petition . The petition shall be sworn to be true . Ifa petitioner is not a petitioner having personal knowledge asprovided in par . (b), the petition shall contain a statementproviding the basis for his or her belief .

(1 m) ALTERNATE GROUNDS FOR COMMITMENT. For purposesof subs. (2) to (9), the requirement of finding probable causeto believe the allegations in sub. (1) (a) or (am) may besatisfied by finding probable cause to believe that the individ-ual satisfies sub. (1) (a) 1 and evidences such impairedjudgment, manifested by evidence of a recent act or omission,that there is a substantial probability of physical impairmentor injury to himself or herself . The probability of physicalimpairment or injury may not be deemed substantial underthis subsection if reasonable provision for the individual'sprotection is available in the community and there is areasonable probability that the individual will avail himselfor herself of the services or if the individual is appropriate forprotective placement under s . 55 .06. The individual's statusas a minor does not automatically establish a substantialprobability of physical impairment or injury under thissubsection. Food, shelter or other care provided to anindividual who is substantially incapable of obtaining thecare for himself or herself, by any person other than atreatment facility, does not constitute reasonab le provisionfor the individual's protection available in the communityunder this subsection.

(2) NOTICE OF BEARING AND DETENTION. Upon filing of apetition for examination, the court shall review the petition todetermine whether an order of detention should be issued .The subject individual shall be detained only if there is causeto believe that the individual is mentally ill, drug dependentor developmentally disabled and the individual is eligible forcommitment under sub . (1) (a) or (am) based upon specificrecent overt acts, attempts or threats to act or on a pattern ofrecent acts or omissions made by the individual . If the subjectindividual is to be detained, a law enforcement officer shallpresent the subject individual with a notice of hearing, a copyof the petition and detention order and a written statement ofthe individual's right to an attorney, a jury trial if requestedmore than 48 hours prior to the final hearing, the standardupon which he or she may be committed under this sectionand the right to a hearing to determine probable cause forcommitment within 72 hours after the individual arrives atthe facility, excluding Saturdays, Sundays and legal holidays .The officer shall orally inform the individual that he or she isbeing taken into custody as the result of a petition anddetention order issued under this chapter. If the individual isnot to be detained, the law enforcement officer shall servethese documents on the subject individual and shall alsoorally inform the individual of these rights . The individualwho is the subject of the petition, his or her counsel and if theindividual is a minor, his or her parent or guardian, if known,shall receive notice of all proceedings under this section . Thecourt may also designate other persons to receive notices ofhearings and rights under this chapter. Any such notice maybe given by telephone. The person giving telephone notice



poned, but in no case may the postponement exceed 7 daysfrom the date of detention .

(am) A subject individual may not be examined, evaluatedor treated for a nervous or mental disorder pursuant to acourt order under this subsection unless the court firstattempts to determine whether the person is an enrolledparticipant of a health maintenance organization, limitedservice health organization or preferred provider plan, asdefined in s. 609.01, and, if so, notifies the organization orplan that the subject individual is in need of examination,evaluation or treatment for a nervous or mental disorder .

(b) If the subject individual is not detained or is an inmateof a state prison, county jail or house of correction, the courtshall hold a hearing within a reasonable time of the filing ofthe petition, to determine whether there is probable cause tobelieve the allegations made under sub . (1) .

(c) If the court determines that there is probable cause tobelieve the allegations made under sub . (1), it shall schedulethe matter for a hearing within 14 days from the time ofdetention of the subject individual, except as provided in sub .(8) (bg) or (bm) or (11) (a) . If a postponement has beengranted under par. (a), the matter shall be scheduled forhearing within 21 days from the time of detention of thesubject individual . If the subject individual is not detainedunder s . 51 .15 or this section or is an inmate of a state prison,county jail or house of correction, the hearing shall bescheduled within 30 days of the hearing to determine proba-ble cause for commitment. In the event that the subjectindividual fails to appear for the hearing to determine proba-ble cause for commitment, the court may issue an order forthe subject individual's detention and shall hold the hearingto determine probable cause for commitment within 48hours, exclusive of Saturdays, Sundays and legal holidays,from the time that the individual is detained .

(d) If the court determines after hearing that there isprobable cause to believe that the subject individual is a fitsubject for guardianship and protective placement or ser-vices, the court may, without further notice, appoint atemporary guardian for the subject individual and ordertemporary protective placement or services under ch . 55 for aperiod not to exceed 30 days, and shall proceed as if petitionhad been made for guardianship and protective placement orservices . The court may order psychotropic medication as atemporary protective service under this paragraph if it findsthat there is probable cause to believe the individual is notcompetent to refuse psychotropic medication and that themedication ordered will have therapeutic value and will notunreasonably impair the ability of the individual to preparefor and participate in subsequent legal proceedings . Anindividual is not competent to refuse psychotropic medica-tion if, because of chronic mental illness, the individual isincapable of expressing an understanding of the advantagesand disadvantages of accepting treatment, and the alterna-tives to accepting the particular treatment offered, after theadvantages, disadvantages and alternatives have been ex-plained to the individual .

(dm) The court shall proceed as if a petition were filedunder s . 51 .45 (13) if all of the following conditions are met :

1 . The petitioner's counsel notifies all other parties and thecourt, within a reasonable time prior to the hearing, of his orher intent to request that the court proceed as if a petitionwere filed under s. 51 .45 (13) .

2. The court determines at the hearing that there isprobable cause to believe that the subject individual is a fitsubject for treatment under s . 51 .45 (13) .

shall place in the case file a signed statement of the time noticewas given and the person to whom he or she spoke . Thenotice of time and place of a hearing shall be served person-ally on the subject of the petition, and his or her attorney,within a reasonable time prior to the hearing to determineprobable cause for commitment . If the law enforcementofficer has a detention order issued by a court, or if the lawenforcement officer has cause to believe that the subjectindividual is mentally ill, drug dependent or developmentallydisabled and is eligible for commitment under sub . (1) (a) or(am), based upon specific recent overt acts, attempts orthreats to act or on a pattern of omissions made by theindividual, the law enforcement officer shall take the subjectindividual into custody . If the individual is detained by a lawenforcement officer, the individual shall be orally informed ofhis or her rights under this section on arrival at the detentionfacility by the facility staff, who shall also serve all documentsrequired by this section on the individual . Placement shall bemade in a hospital which is approved by the department as adetention facility or under contract with a county departmentunder s. 51 .42 or 51 .437, approved public treatment facility,mental health institute, center for the developmentally dis-abled under the requirements of s . 51 .06 (3), state treatmentfacility, or in an approved private treatment facility if thefacility agrees to detain the subject individual . Upon arrivalat the facility, the individual is deemed to be in the custody ofthe facility.

(3) LEGAL COUNSEL. At the time of the filing of the petitionthe court shall assure that the subject individual is repre-sented by adversary counsel. If the individual claims orappears to be indigent, the court shall refer the person to theauthority for indigency determinations specified under s .977.07(l) .

(4) PUBLIC REPRESENTATION . Except as provided in ss . 51 .42(3) (ar) 1 and 51 .437 (4m) (f), the district attorney or, ifdesignated by the county board of supervisors, the corpora-tion counsel or other counsel shall represent the interests ofthe public in the conduct of all proceedings under thischapter, including the drafting of all necessary papers relatedto the action .

(5) HEARING REQuutEMExTS. The hearings which are re-quired to be held under this chapter shall conform to theessentials of due process and fair treatment including theright to an open hearing, the right to request a closed hearing,the right to counsel, the right to present and cross-examinewitnesses, the right to remain silent and the right to a jury trialif requested under sub . (11) . The parent or guardian of aminor who is the subject of a hearing shall have the right toparticipate in the hearing and to be represented by counsel .All proceedings under this chapter shall be reported asprovided in SCR 71 .01 . The court may determine to hold ahearing under this section at the institution at which theindividual is detained, whether or not located in the samecounty as the court with which the petition was filed, unlessthe individual or his or her attorney objects .

(6) JuvENILEs . For minors, the hearings held under thissection shall be before the court assigned to exercise jurisdic-tion under ch . 48 .

(7) PROBABLE-CAUSE BEARING . (a) After the filing of thepetition under sub . (1), if the subject individual is detainedunder s . 51 .15 or this section the court shall hold a hearing todetermine whether there is probable cause to believe theallegations made under sub. (1) (a) within 72 hours after theindividual arrives at the faci lity, excluding Saturdays, Sun-days and legal holidays . At the request of the subjectindividual or his or her counsel the hearing may be post-

1075 87-88 Wis. Stats. MENTAL HEALTH ACT 51.20


(e) If the court determines that probable cause does notexist to believe the allegations, or to proceed under par . (d),the court shall dismiss the proceeding .

(8) DisPOSiT[orr PENDING Mnxnvc . (a) If it is shown thatthere is probable cause to believe the allegations under sub .(1), the court may release the subject individual pending thefull hearing and the individual has the right to receivetreatment services, on a voluntary basis, from the countydepartment under s . 51 .42 or 51 .437, or from the department .The court may issue an order stating the conditions underwhich the subject individual may be released from detentionpending the final hearing. If acceptance of treatment is madea condition of the release, the subject individual may elect toaccept the conditions or choose detention pending the hear-ing. The court order may state the action to be taken uponinformation of breach of the conditions . A final hearing mustbe held within 30 days of the order, if the subject individual isreleased . Any detention under this paragraph invokes timelimitations specified in sub. (7) (c), beginning with the time ofthe detention . The right to receive treatment voluntarily oraccept treatment as a condition of release under this para-graph does not apply to an individual for whom a probablecause finding has been made, under s. 51 .61(1) (g), that he orshe is not competent to refuse medication, to the extent thatthe treatment includes medication .

(b) If the court finds the services provided under par . (a)are not available, suitable, or desirable based on the condi-tion of the individual, it may issue a detention order and thesubject individual may be detained pending the hearing asprovided in sub . (7) (c) . Detention may be in a hospital whichis approved by the department as a detention facility or undercontract with a county department under s . 51 .42 or 51 .437,approved public treatment facility, mental health institute,center for the developmentally disabled under the require-ments of s. 51 .06 (3), state treatment facility, or in anapproved private treatment facility if the facility agrees todetain the subject individual .

(bg) The subject individual, or the individual's legal coun-sel with the individual's consent, may waive the time periodsunder s . 51.10 or this section for the probable cause hearingor the final hearing, or both, for a period not to exceed 90days from the date of the waiver, if the individual and thecounsel designated under sub . (4) agree at any time after thecommencement of the proceedings that the individual shalllobtain treatment under a settlement agreement . The settle-ment agreement shall be in writing, shall be approved by thecourt and shall include a treatment plan that provides fortreatment in the least restrictive manner consistent with theneeds of the subject individual . Either party may request thecourt to modify the treatment plan at any time during the 90-day period. The court shall designate the appropriate countydepartment under s . 51 .42 or 51 .437 to monitor the individ-ual's treatment under, and compliance with, the settlementagreement. If the individual fails to comply with the treat-ment according to the agreement, the designated countydepartment shall notify the counsel designated under sub . (4)and the subject's counsel of the individual's noncompliance .

(bm) If, within 90 days from the date of the waiver underpar. (bg), the subject individual fails to comply with thesettlement agreement approved by the court under par . (bg),the counsel designated under sub . (4) may file with the court astatement of the facts which constitute the basis for the beliefthat the subject individual is not in compliance . The state-ment shall be sworn to be true and may be based on theinformation and belief of the person filing the statement .Upon receipt of the statement of noncompliance, the courtmay issue an order to detain the subject individual pending


the final disposition . If the subject individual is detainedunder this paragraph, the court shall hold a probable causehearing within 72 hours from the time of detention, excludingSaturdays, Sundays and legal holidays or, if the probablecause hearing was held prior to the approval of the settlementagreement under par . (bg), the court shall hold a final hearingwithin 14 days from the time of detention . If a jury trial isrequested later than 5 days after the time of detention underthis paragraph, but not less than 48 hours before the time ofthe final hearing, the final hearing shall be held within 21 daysfrom the time of detention . The facts alleged as the basis forcommitment prior to the waiver of the time periods forhearings under par . (bg) may be the basis for a finding ofprobable cause or a final disposition at a hearing under thisparagraph .

(br) Upon the motion of the subject individual, the courtshall hold a hearing on the issue of noncompliance with thesettlement agreement within 72 hours from the time themotion for a hearing under this paragraph is filed with thecourt, excluding Saturdays, Sundays and legal holidays . Thehearing under this paragraph may be held as part of theprobable cause or final hearing if the probable cause or finalhearing is held within 72 hours from the time the motion isfiled with the court, excluding Saturdays, Sundays and legalholidays . At a hearing on the issue of noncompliance withthe agreement, the written statement of noncompliance sub-mitted under par . (bm) shall be prima facie evidence that aviolation of the conditions of the agreement has occurred . Ifthe subject individual denies any of the facts as stated in thestatement, he or she has the burden of proving that the factsare false by a preponderance of the evidence .

(c) During detention a physician may order the administra-tion of such medication or treatment as is permitted under s .51 .61 (1) (g) and (h) . The subject individual may consent totreatment but only after he or she has been informed of his orher right to refuse treatment and has signed a written consentto such treatment, except that an individual for whom, unders . 51 .61 (1) (g), a probable cause finding has been made thathe or she is not competent to refuse medication may notconsent to medication under this paragraph . A report of alltreatment which is provided, along with any written consent,shall be filed with the court by the director of the treatmentfacility in which the subject individual is detained, or his orher designee .

(9) ExnMixnTTOx . (a) If the court finds after the hearingthat there is probable cause to believe the allegations undersub. (1), it shall appoint 2 licensed physicians specializing inpsychiatry, or one licensed physician and one licensed psy-chologist, or 2 licensed physicians one of whom shall havespecialized training in psychiatry, if available, or 2 physicians,to personally examine the subject individual. Such examinersshall have the specialized knowledge determined by the courtto be appropriate to the needs of the subject individual . Oneof the examiners may be selected by the subject individual ifsuch person makes his or her selection known to the courtwithin 24 hours after completion of the hearing to determineprobable cause for commitment. The court may deny thesubject individual's selection if the examiner does not meetthe requirements of this paragraph or such person is notavailable . If requested by the subject individual, the individ-ual's attorney or any other interested party with court permis-sion, the individual has a right at his or her own expense or ifindigent with approval of the court hearing the petition, atthe reasonable expense of the individual's county of legalresidence, to secure an additional medical or psychologicalexamination, and to offer the evaluator's personal testimony,as evidence at the hearing . The examiners may not be related


to the subject individual by blood or marriage, and may haveno interest in his or her property . Prior to the examinationthe subject individual shall be informed that his or herstatements can be used as a basis for commitment and that heor she has the right to remain silent, and that the examiner isrequired to make a report to the court even if the subjectindividual remains silent. A written report shall be made ofall such examinations and filed with the court . The issuanceof such a warning to the subject individual prior to eachexamination establishes a presumption that the individualunderstands that he or she need not speak to the examiner .The examiners shall personally observe and examine thesubject individual at any suitable place and satisfy them-selves, if reasonably possible, as to the individual's mentalcondition, and shall make independent reports to the court .The subject individual's treatment records shall be availableto the examiners . If the subject individual is not detainedpending the hearing, the court shall designate the time andplace where the examination is to be held and shall require theindividual's appearance . The report and testimony, if any, bythe examiners shall be based on beliefs to a reasonable degreeof medical certainty, or professional certainty if an examineris a psychologist, in regard to the existence of the conditionsdescribed in sub . (1), and the appropriateness of varioustreatment modalities or facilities . If the examiners are unableto make conclusions to a reasonable degree of medical orprofessional certainty, the examiners shall so state in theirreport and testimony, if any.

(b) If the examiner determines that the subject individual isa proper subject for treatment, the examiner shall make arecommendation concerning the appropriate level of treat-ment. Such recommendation shall include the level ofinpatient facility which provides the least restrictive environ-ment consistent with the needs of the individual, if any, andthe name of the facility where the subject individual should bereceived into the mental health system . The court may, priorto disposition, order additional information concerning suchrecommended level of treatment to be provided by the staff ofthe appropriate county department under s . 51 .42 or 51 .437,or by the staff of a public treatment facility if the subjectindividual is detained there pending the final hearing .

(c) On motion of either party, all parties shall produce at areasonable time and place designated by the court all physicalevidence which each party intends to introduce in evidence .Thereupon, any party shall be permitted to inspect, copy, ortranscribe such physical evidence in the presence of a persondesignated by the court. The order shall specify the time,place and manner of making the inspection, copies, photo-graphs, or transcriptions, and may prescribe such terms andconditions as are just . The court may, if the motion is madeby the subject individual, delay the hearing for such period asmay be necessary for completion of discovery .

(10) HEARING. (a) Within a reasonable time prior to thefinal hearing, the petitioner's counsel shall notify the subjectindividual and his or her counsel of the time and place of finalhearing. The court may designate additional persons toreceive notice of the time and place of the final hearing .Within a reasonable time prior to the final hearing, each partyshall notify all other parties of all witnesses he or she intendsto call at the hearing and of the substance of their proposedtestimony . The provision of notice of potential witnessesshall not bar either party from presenting a witness at thefinal hearing whose name was not in the notice unless thepresentation of the witness without notice is prejudicial to theopposing party.

(b) Counsel for the person to be committed shall haveaccess to all psychiatric and other reports 48 hours in advanceof the final hearing .

(c) The court shall hold a final hearing to determine if theallegations specified in sub. (1) are true . Except as otherwiseprovided in this chapter, the rules of evidence in civil actionsand s . 801 .01 (2) apply to any judicial proceeding or hearingunder this chapter . The court shall, in every stage of anaction, disregard any error or defect in the pleadings orproceedings that does not affect the substantial rights ofeither party .

(d) In the event that the subject individual is not detainedand fails to appear for the final hearing the court may issue anorder for the subject individual's detention and shall hold thefinal commitment hearing within 7 days from the time ofdetention.

(e) At the request of the subject individual or his or hercounsel the final hearing under par. (c) may be postponed,but in no case may the postponement exceed 7 calendar daysfrom the date established by the court under this subsectionfor the final hearing.

( 11) JURY TRIAL. (a) If before involuntary commitment ajury is demanded by the individual against whom a petitionhas been filed under sub . (1) or by the individual's counsel ifthe individual does not object, the court shall direct that ajury of 6 people be drawn to determine if the allegationsspecified in sub. (1) (a), (ar) or (av) are true. A jury trial isdeemed waived unless demanded at least 48 hours in advanceof the time set for final hearing, if notice of that time has beenpreviously provided to the subject individual or his or hercounsel. If a jury trial demand is filed within 5 days ofdetention, the final hearing shall be held within 14 days ofdetention. If a jury trial demand is filed later than 5 days afterdetention, the final hearing shall be held within 14 days of thedate of demand . If an inmate of a state prison, county jail orhouse of correction demands a jury trial within 5 days afterthe probable cause hearing, the final hearing shall be heldwithin 28 days of the probable cause hearing . If an inmate ofa state prison, county jail or house of correction demands ajury trial later than 5 days after the probable cause hearing,the final hearing shall be held within 28 days of the date ofdemand .

(b) No verdict shall be valid or received unless agreed to byat least 5 of the jurors .

(c) Motions after verdict may be made without furthernotice upon receipt of the verdict .

(1 2) OPEN HEARINGS; EXCEPTION. Every hearing which isheld under this section shall be open, unless the subjectindividual or the individual's attorney, acting with the indi-vidual's consent, moves that it be closed . If the hearing isclosed, only persons in interest, including representatives ofproviders of service and their attorneys and witnesses may bepresent. If the subject individual is a minor, every hearingshall be closed unless an open hearing is demanded by theminor through his or her counsel .

(13) DISPOSITION . (a) At the conclusion of the proceedingsthe court shall :

1 . Dismiss the petition ; or2. If the subject individual is an adult, or is a minor aged 14

years or more who is developmentally disabled, proceedunder s . 51 .67 to determine whether the subject individualshould receive protective placement or protective services ; or

3. If the individual is not an inmate of a state prison,county jail or house of correction and the allegations speci-fied in sub. (1) (a) are proven, order commitment to the careand custody of the appropriate county department under s .51 .42 or 51.437, or if inpatient care is not required order



commitment to outpatient treatment under care of suchcounty department; or

4. If the individual is an inmate of a state prison and theallegations under sub . (1) (a) or (ar) are proven, ordercommitment to the department and either authorize thetransfer of the inmate to a state treatment facility or ifinpatient care is not needed authorize treatment on anoutpatient basis in the prison ; or4m. If the individual is an inmate of a county jail or house

of correction and the allegations under sub. (1) (a) or (av) areproven , order commitment to the county department under s .51.42 or 51 . 437 serving the inmate's county of residence or, ifthe inmate is a nonresident, order commitment to the dep art -ment. The order shall either authorize the transfer of theinmate to a state or county treatment facility or, if inpatientcare is not needed, authorize treatment on an outpatient basisin the jail or house of correction ; or

5. If the allegations specified in sub . (1) (a) are proven andthe subject individual is a nonresident, order commitment tothe department .

(b) If the petition has been dismissed under par . (a), thesubject individual may agree to remain in any facility in whichhe or she was detained pending the hearing for the period oftime necessary for alternative plans to be made for his or hercare .

(c) If disposition is made under par . (a) 3 :1 . The court shall designate the facility or service which is

to receive the subject individual into the mental healthsystem, except that, if the subject individual is under the ageof 22 years and the facility is a center for the developmentallydisabled, the court shall designate only the central center forthe developmentally disabled unless the department autho-rizes designation of the northern or southern center for thedevelopmentally disabled;2. The county department under s . 51 .42 or 51 .437 shall

arrange for treatment in the least restrictive manner consist-ent with the requirements of the subject individual in accord-

eance with a court order designating the maximum level ofinpatient facility , if any, which may be used for treatment,except that, if the subject individual is under the age of 22years and the facility is a center for the developmentallydisabled, designation shall be only to the central center for thedevelopmentally disabled unless the department authorizesthe placement of the individual at the northern or southerncenter for the developmentally disabled ; and

3. The county department under s . 51.42 or 51 .437 shallreport to the court as to the initial plan of treatment for thesubject individual .

(cm) If disposition is made under par . (a) 4 or 4m and theinmate is transferred to a state or county treatment facility,the department or, in the case of a disposition under par . (a)4m, the county department under s . 51 .42 or 51 .437 may,after evaluating the inmate and developing an appropriatetreatment plan , transfer the inmate back to the prison, countyjail or house of correction on a conditional basis. The inmateshall be informed of the terms and conditions of the transferas provided in s . 51 .35 (1) (a) . If the inmate does notcooperate with the treatment or if the inmate is in need ofadditional inpatient treatment, the department or the countydepartment under s . 51 .42 or 51 .437 may return the inmate toa state or county treatment facility .

(d) A disposition under par . (a) 3, 4, 4m or 5 may bemodified as provided in s . 51 .35 .

(dm) If the court finds that the dangerousness of thesubject individual is likely to be controlled with appropriatemedication administered on an outpatient basis, the courtmay direct in its order of commitment that the county

department under s. 51 .42 or 51 .437 or the department may ,after a facility evaluates the subject individual and developsan appropriate treatment plan, release the individual on aconditional transfer in accordance with s . 51 .35 (1), with oneof the conditions being that the individual shall take medica-tion as prescribed by a physician, subject to the individual'sright to refuse medication under s . 51 .61 (1) (g) and (h), andthat the individual shall report to a particular treatmentfacility on an outpatient basis for evaluation as often asrequired by the director of the facility or the director'sdesignee . The court order may direct that, if the director orhis or her designee determines that the individual has failed totake the medication as prescribed or has failed to report forevaluation as directed, the director or designee may requestthat the individual be taken into custody by a law enforce-ment agency in accordance with s . 51.39, and that medica-tion, as prescribed by the physician, may be administeredvoluntarily or against the will of the individual under s . 51 .61(1) (g) and (h) . A court order under this paragraph is effectiveonly as long as the commitment is in effect in accordance withpar. (h) and s . 51 .35 (4).

(e) The petitioner has the burden of proving all requiredfacts by clear and convincing evidence .

(fl The county department under s . 51 .42 or 51 . 437 whichreceives an individual who is committed by a court under par .(a) 3 is authorized to place such individual in an approvedtreatment facility subject to any limitations which are speci-fied by the court under par. (c) 2 . The county departmentshall place the subject individual in the treatment programand treatment facility which is least restrictive of the individ-ual's personal liberty, consistent with the treatment require-ments of the individual . The county department shall haveongoing responsibility to review the individual's needs, inaccordance with sub . (17), and transfer the person to the leastrestrictive program consistent with the individual's needs . Ifthe subject individual is under the age of 22 years and if thefacility appropriate for placement or transfer is a center forthe developmentally disabled, placement or transfer of theindividual shall be made only to the central center for thedevelopmentally disabled unless the department authorizesthe placement or transfer to the northern or southern centerfor the developmentally disabled .

(g) 1 . Except as provided in subd. 2, the first order ofcommitment of a subject individual under thi s section may befor a period not to exceed 6 months, and all subsequentconsecutive orders of commitment of the individual may befor a period not to exceed one year.

2 . Any commitment ordered under par . (a) 3 to 5, follow-ing proof of the allegations under sub . (1) (a) 2 . d, may notcontinue longer than 45 days in any 365-day period .

2g. The total period a person may be committed pursuantto commitments ordered under par. (a) 4 or 4m , followingproof of the allegations under sub. (1) (ar) or (av) , may notexceed 180 days in any 365-day period .2m. In addition to the provisions under subds . 1, 2 and 2g,

no commitment ordered under par . (a) 4 or 4m may continuebeyond the inmate's date of release as determined under s .53.11 .

2r. Twenty-one days prior to expiration of the period ofcommitment under subd . l , 2, 2g or 2m, the department, if theindividual is committed to the department, or the countydepartment to which an individual is committed shall file anevaluation of the individual and the recommendation of thedepartment or county department regarding the individual'srecommitment with the committing court and provide a copyof the evaluation and recommendation to the individual'scounsel and the counsel designated under sub . (4) . If the date



for filing an evaluation and recommendation under thissubdivision falls on a Saturday, Sunday or legal holiday, thedate which is not a Saturday, Sunday or legal holiday andwhich most closely precedes the evaluation and recommenda-tion filing date shall be the filing date. A failure of thedepartment or the county department to which an individualis committed to file an evaluation and recommendationunder this subdivision does not affect the jurisdiction of thecourt over a petition for recommitment .

3. The county department under s. 51 .42 or 51.437 towhom the individual is committed under par . (a) 3 maydischarge the individual at any time, and shall place acommitted individual in accordance with par . (f). Uponapplication for extension of a commitment by the departmentor the county department having custody of the subject, thecourt shall proceed under subs . (10) to (13) . If the courtdetermines that the individual is a proper subject for commit-ment as prescribed in sub . (1) (a) 1 and evidences theconditions under sub . (1) (a) 2 or (am) or is a proper subjectfor commitment as prescribed in sub . (1) (ar) or (av), it shallorder judgment to that effect and continue the commitment .The burden of proof is upon the county department or otherperson seeking commitment to establish evidence that thesubject individual is in need of continued commitment .

(h) Any disposition of a minor under this subsection mayextend beyond the age of majority of the individual, if thedisposition is otherwise made in accordance with this section .

(14) TRANSPORTATION; EXPENSES. The sheriff or any lawenforcement officer shall transport an individual who is thesubject of a petition and execute the commitment, or anycompetent relative, friend or member of the staff of atreatment facility may assume responsibility for the individ-ual and transport him or her to the inpatient facility. Thedirector of the county department under s . 51 .42 or 51 .437may request the sheriff to provide transportation for a subjectindividual or may arrange any other method of transporta-tion which is feasible . The county department may providereimbursement for the transportation costs from its budgetedoperating funds .

(15) APPEAL. An appeal may be taken to the court ofappeals within the time period specified in s . 808 .04 (3) inaccordance with s . 809 .40 by the subject of the petition or theindividual's guardian, by any petitioner or by the representa-tive of the public .

(16) REEXAMINATION OF PATIENTS . (a) Except in the case ofalcoholic commitments under s . 51 .45 (13), any patient who isinvoluntarily committed for treatment under this chapter,may on the patient's own verified petition, except in the caseof a minor who is under 14 years of age, or on the verifiedpetition of the patient's guardian, relative, friend, or anyperson providing treatment under the order of commitment,request a reexamination or request the court to modify orcancel an order of commitment .

(b) A petition under this subsection may be filed with thecourt assigned to exercise jurisdiction over probate matters,either for the county from which the patient is committed orfor the county in which the patient is detained .

(c) If a hearing has been held with respect to the subjectindividual's commitment within 30 days of the filing of apetition under this subsection, no hearing shall be held . Ifsuch a hearing has not been held within 30 days of the filing ofa petition, but has been held within 120 days of the filing, thecourt shall within 24 hours of the filing order an examinationto be completed within 7 days by the appropriate countydepartment under s . 51 .42 or 51 .437. A hearing may then beheld in the court's discretion. If such a hearing has not been

held within 120 days of the filing, a hearing shall be held onthe petition within 30 days of receipt .

(d) Reexaminations under this subsection are subject to thestandards prescribed in sub. (13) (g) .

(e) If the court determines or is required to hold a hearing,it shall thereupon proceed in accordance with sub . (9) (a).For the purposes of the examination and observation, thecourt may order the patient confined in any place designatedin s . 51 .15 (2) .

(f) If a patient is involuntarily committed and placed in ahospital, a notice of the appointment of the examiningphysicians and copies of their reports shall be furnished tosuch hospital by the court.

(g) Upon the filing of the examiners' reports the court shallfix a time and place of hearing and cause reasonable notice tobe given to the petitioner, the treatment facility, the patient'slegal counsel and the guardian of the patient, if any, and maynotify any known relative of the patient . Subsections (10) to(13) shall govern the procedure to be used in the conduct ofthe hearing, insofar as applicable . The privileges provided inss . 905 .03 and 905 .04 shall apply to reexamination hearings .

(h) All persons who render services in such proceedingsshall receive compensation as provided in sub . (18) and allexpenses of such proceedings shall be paid and adjusted asprovided in sub . (18) .

(i) Subsequent reexaminations may be had at any time inthe discretion of the court but may be compelled after 120days of the preceding examination in accordance with thissubsection. All petitions for reexamination must be heardwithin 30 days of their receipt by the court .

(j) This subsection applies to petitions for reexaminationwhich are filed under chs. 971 and 975, except that thepetitions shall be filed with the committing court .

(k) Any order of a county department under s . 51.42 or51 .437 is subject to review by the court assigned- to exerciseprobate jurisdiction upon petition under this subsection .

(1) The pendency of an appeal in either the court of appealsor the supreme court does not deprive the circuit court ofjurisdiction to conduct reexamination proceedings under thissection with respect to the individual who is the subject of theappeal.

(17) RIGHT TO REEVALUATION . With the exception of alco-holic commitments under s . 51 .45 ( 1 3), every patient commit-ted involuntarily to a board under this chapter shall bereevaluated by the treatment staff or visiting physician within30 days after the commitment, and within 3 months after theinitial reevaluation, and again thereafter at least once each 6months for the purpose of determining whether such patienthas made sufficient progress to be entitled to transfer to a lessrestrictive facility or discharge . The findings of such reevalu-ation shall be written and placed with the patient's treatmentrecord, and a copy shall be sent to the board which hasresponsibility for the patient and to the committing court .

(18) FEES OF EXAMINERS , WITNESSES ; EXPENSES OF PROCEED-INGS. (a) Unless previously fixed by the county board ofsupervisors in the county in which the examination is held,the examiners shall receive a fee as fixed by the court forparticipation in commitment proceedings, and reasonablereimbursement for travel expenses .

(b) Witnesses subpoenaed before the court shall be entitledto the same fees as witnesses subpoenaed before the court inother cases .

(c) Expenses of the proceedings from the presentation ofthe statement of emergency detention or petition for commit-ment to the conclusion of the proceeding shall be allowed bythe court and paid by the county from which the subjectindividual is detained, committed or released, in the manner

1079 87-88 Wis . Stats. MENTAL HEALTH ACT 51 .20


that the expenses of a criminal prosecution are paid, asprovided in s . 59 .77 . Payment of attorney fees for appointedattorneys in the case of indigents shall be in accordance withch. 977.

(d) If the subject individual has a legal residence in acounty other than the county from which he or she isdetained, committed or discharged, that county shall reim-burse the county from which the individual was detained,committed or discharged for all expenses under pars . (a) to(c) . Thee county clerk on each July 1 shall submit evidences ofpayments of all such proceedings on nonresident payments tothe department, which shall certify such expenses for reim-bursement in the form of g iving credits to the detaining,committing or discharging county and assessing such costsagainst the county of legal residence or against the state at thetime of the next apportionment of charges and credits unders.70.60 .

(19) DEPARTMENTAL DUTIES. (a) Prior to filing a petition forcommitment of an inmate under sub . (1) (ar) the departmentshall :

1 . Attempt to use less restrictive forms of treatment withthe individual . Less restrictive forms of treatment shallinclude, but are not limited to, voluntary treatment within theprison or voluntary transfer to a state treatment facility,including an admission which meets the requirements of s .51 .10 (4m) .2. Ensure that the individual has been fully informed about

his or her treatment needs, the mental health services avail-able to him or her and his or her rights under this chapter andthat the individual has had an opportunity to discuss his orher needs, the services available to him or her and his or herrights with a licensed physician or a licensed psycho l ogist .

(b) The department shall promulgate rules :1 . Establishing standards for the use of psychotropic drugs

on prisoners in a state prison and inmates committed undersub. (1) (ar) .

lm. Establishing standards and procedures for use of andperiodic review of the use of psychotropic drugs on inmates ina county jail or house of correction who are being treated inthe jail or house of correction under a commitment based on apetition under sub. (1) (a) or (av) .

2. Providing for the periodic review and evaluation of theappropriateness of and the need for the use of psychotropicdrugs on, and the need for the continuation of treatment for,each inmate committed under sub . (1) (ar) .

3. Needed to carry out its duties under par . (a) .Histor y: 1975 c. 430 ; 1 977 c. 26, 29 ; 1977 c . 187 ss. 42, 43, 134, 135 ; 1977 c .

428 ss . 29 to 65, 115; 1977 c. 447, 449 ; Sup . Ct. Order, 83 W (2d) xiii ; 1 979 c . 32,89; Sup . Ct . Order, eff. 1-1-80; 1 979 c. 110 s. 60 ( I ); 1 979 c. 175 s. 53 ; 1979 c .300, 336, 356; 1981 c. 20, 367; 1981 c. 390 s. 252; 1 983 a . 27, 219 ; 1983 a. 4 74 ss .2 to 9m, 14; 1985 a . 29 ss . 1067 to 1071, 3200 (56), 3202 (56) ; 1 985 a . 139, 176,321, 332 ; 1987 a. 27; Sup . Ct. Order, 141 W (2d) xv; 1 987 a . 366, 394, 4 03 .NOTE: 1987 Wis. Act 366, that amended this section contains notes by the

Legislative Council followin g many of the s tatutes affec ted .1987 Wis. Act 394, which affected this sec tion , contains a prefatory note and

notes followin g the sections.Judicial Coun cil Committee's Note, 1981: The final sentence of sub. (1)

(am) allows the court to consider the subject individual's conduct during ors ubse q ue nt to th e c rime as "recent" for p urp oses of in voluntary civil commit-mentunder this section, if the individual is proceeded against during, or imme-diatel y upon d ischarge from, a commitm en t for examina tio n or treatme nt fo rincompetency to proceed as a criminal defendant . The relevancy of evidenceof the individual's conduct prior to the crime is to be determined by the court .The revised statute requires the subject individual's dangerousness to be evi-denced by acts, attempts, threats, omissions or behavior referred to in sub . (1)(a) 2 . Prior law allowed commitment of such an individual upon a showingthat there was a substantial likeli h ood, based on the treatment record, that heor she would be a properr subject for commitment if treatment were withdrawn .[ Bil l 765-Al

Judicial Council Note, 1988: The amendment to sub. (2) allows notice ofhearings to be given by telephone . The time at which such notice is given andthe person to whom it is given must be noted in the case file . [Re Order effectiveJan. 1, 19881Role of attorney appointed under (4) [(3)] d iscussed . State ex rel. Memmel

v. Mundy, 75 W (2d) 276, 249 NW (2d) 573.

51 .22 Care and custody of persons. (1) Except as providedin s . 51 .20 (13) (a) 4 or 5, any person committed under thischapter shall be committed to the county department under s .51 .42 or 51.437 serving the person's county of residence, andsuch county department shall authorize placement of theperson in an appropriate facility for care, custody andtreatment according to s . 51 .42 (3) (as) 1 or 51 .437 (4rm) (a) .

(2) Voluntary admissions under ss . 51 .10, 51 .13 and 51 .45(10) shall be through the county department under s . 51 .42 or51 .437 serving the person's county of residence, or throughthe department if the person to be admitted is a nonresidentof this state. Admissions through a county department unders . 51 .42 or 51 .437 shall be made in accordance with s. 51 .42 (3)(as) 1 or 51 .437 (4rm) (a) . Admissions through the depart-ment shall be made in accordance with sub . (3) .

(3) Whenever an admission is made through the depart-ment, the department shall determine the need for inpatientcare of the individual to be admitted . Unless a state-operatedfacility is used, the department may only authorize care in aninpatient facility which is operated by or under a purchase ofservice contract with a county department under s . 51 .42 or51 .437 or an inpatient facility which is under a contractualagreement with the department. Except in the case of statetreatment facilities, the department shall reimburse the facil-ity for the actual cost of all authorized care and services fromthe appropriation under s . 20 .435 (4) (da) . For collectionsmade under the authority of s . 46.10 (16), moneys shall becredited or remitted to the department no later than 60 daysafter the month in which collections are made. Such collec-tions are also subject to s . 46.036 or special agreement .Collections made by the department under ss . 46 .03 (18) and46.10 shall be deposited in the general fund .

(4) If a patient is placed in a facility authorized by a countydepartment under s . 51 .42 and such placement is outside thejurisdiction of that county department under s . 51 .42, theplacement does not transfer the patient's legal residence to

51 .20 MENTAL HEALTH ACT 87-88 Wis. Slats. 1080

Due process standard for hearings under thi s section is more flexible thanstandard for criminal proceedings . In Matter of Parham, 95 W (2d) 21 , 289NW (2 d ) 326 (Ct. App . 197 9) .

See note to 971 . 17, citing State v . Smith, 106 W (2d) 151 , 316 NW (2d) 124(Ct. App. 1982) .

Fourteen day time limit in (7) (c) is mandatory and refers to calendar days,not business days . State ex rel . Lockman v . Gerhardstein, 107 W (2d) 325 , 320NW (2d) 27 (Ct . App . 1982).

Criminal and civil commitments are not substantially the same. State v.Smith, 113 W (2d) 497 , 335 NW (2d) 376 (1983).

Person may be proper subject for treatment even though cure is unlikely.In Matter of Mental Condition of C . J . 120 W (2d) 355, 354 NW (2d) 219 (Ct.App . 1984) .

Forty-five day limit of (13) (g) 2 applies only to original commitment orderand does not bar sub sequent extensions of order. In Matter of M . J . 122 W(2d) 525, 362 NW (2d) 190 (Ct . App. 1984) .

Use of testimony by physicians over telephone did not violate petitioner' sdue process rights. In Matter of W. J. C. 124 W (2d) 238 , 369 NW (2d) 162 (Ct.App. 1985) .

Hearings under (12) are open unless court grant s subject individual's mo-tion for closure. State ex rel . Wis . Journal v. Dane Cir . Ct. , 131 W (2d) 515,389 NW (2d) 73 (Ct . App. 1986) .

Individual ' s counsel may not withdraw jury demand without individual ' sconsent. In Matter of S .B., 138 (2d) 409, 406 NW (2 d ) 408 ( 1 987).

Under (2), court can entertain proceedings for involuntary commitment ofperson admitted as voluntary inpatient . 68 Atty. Gen . 97 .

Sub . (14) requires sheriff to transport subject of petition under 51 . 20 at allstages of proceedings , regardless of reimbursement . 68 Atty. Gen . 225.

Individual in custody of s heriff for transport to, from and during involun-tary commitment hearing has rights to least restrictive restraint appropriate .71 Atty . Gen . 183 .

State cannot confine , without more, nondangerous persons capable of sur-viving safely in freedom alone or with help of family or friends . O'Connor v .Donaldson, 422 US 563 .

Due proce ss does not require states to use " beyond a reasonable doubt"standard in civil commitment proceedings . Addington v . Texas , 441 US 418( 1979) .

In signing commitment application, county employe was in essence actingas witness in judicial proceeding and as such was entitled to immunity . Mar-tens v . Tremble, 481 F Supp. 831 (1979).

See note to Art . I, sec. 6 , citing Flakes v. Percy , 511 F Supp. 1325 (1981) .The privilege against self-incrimination in civil commitment proceedings .

1980 WLR 697 .


1 . To an individual, organization or agency designated bythe department or as required by law for the purposes ofmanagement audits, financial audits, or program monitoringand evaluation . Information obtained under this paragraphshall remain confidential and shall not be used in any waythat discloses the names or other identifying informationabout the individual whose records are being released. Thedepartment shall promulgate rules to assure the confidential-ity of such information .

2. To the department, the director of a county departmentunder s. 51 .42 or 51 .437, or a qualified staff member desig-nated by the director as is necessary for, and only to be usedfor, billing or collection purposes . Such information shallremain confidential. The department and county depart-ments shall develop procedures to assure the confidentialityof such information .

3. For purposes of research as permitted in s . 51 .61 (1) (j)and (4) if the research project has been approved by thedepartment and the researcher has provided assurances thatthe information will be used only for the purposes for which itwas provided to the researcher, the information will not bereleased to a person not connected with the study underconsideration, and the final product of the research will notreveal information that may serve to identify the individualwhose treatment records are being released under this subsec-tion without the informed written consent of the individual .Such information shall remain confidential . In approvingresearch projects under this subsection, the department shallimpose any additional safeguards needed to prevent unwar-ranted disclosure of information .

4. Pursuant to lawful order of a court of record.5. To qualified staff members of the department, to the

director of the county department under s . 51 .42 or 51 .437which is responsible for serving a subject individual or toqualified staff members designated by the director as isnecessary to determine progress and adequacy of treatment,to determine whether the person should be transferred to aless restrictive or more appropriate treatment modality orfacility or for the purposes of s . 51 .14 . Such information shallremain confidential. The department and county depart-ments under s . 51 .42 or 51 .437 shall develop procedures toassure the confidentiality of such information .

6 . Within the treatment facility where the subject individ-ual is receiving treatment confidential information may bedisclosed to individuals employed, individuals serving inbona fide training programs or individuals participating insupervised volunteer programs, at the facility when and to theextent that performance of their duties requires that they haveaccess to such information .

7. Within the department to the extent necessary to coordi-nate treatment for mental illness, developmental disabilities,alcoholism or drug abuse of individuals who have beencommitted to or who are under the supervision of thedepartment. The department shall promulgate rules to assurethe confidentiality of such information .

8. To a licensed physician who has determined that the lifeor health of the individual is in danger and that treatmentwithout the information contained in the treatment recordscould be injurious to the patient's health . Such disclosureshall be limited to that part of the records necessary to meetthe medical emergency .

9. To a facility which is to receive an individual who isinvoluntarily committed under this chapter, ch . 971 or 975upon transfer of the individual from one treatment facility toanother . Release of records under this subdivision shall belimited to such treatment records as are required by law, arecord or summary of all somatic treatments, and a discharge

51 .30 Records . (1) DEFINITIONS . In this section:(a) "Registration records" include all the records of t he

department, county departments under s . 51 .42 or 51.437,treatment facilities, and other persons providing services tothe department, county departments or facilities which iden-tify individuals who are receiving or who at any time havereceived services for mental illness, developmental disabili-ties, alcoholism or drug dependence .

(b) "Treatment records" inc lude the registration and al lother records concerning individuals who are receiving orwho at any time have received services for mental illness,developmental disabilities, alcoholism, or drug dependencewhich are maintained by the department, by county depart-ments under s . 51 .42 or 51 .437 and their staffs, and bytreatment facilities . Such records do not include notes orrecords maintained for personal use by an individual provid-ing treatment services for the department, a county depart-ment under s. 51 .42 or 51 .437, or a treatment faci l ity if suchnotes or records are not available to others .

(2) INFORMED CONSENT. An informed consent for disclosureof information from court or treatment records to an individ-ual, agency, or organization must be in writing and mustcontain the following: the name of the individual, agency, ororganization to which the disclosure is to be made ; the nameof the subject individual whose treatment record is beingdisclosed ; the purpose or need for the disc l osure; the specifictype of information to be disclosed; the time period duringwhich the consent is effective ; the date on which the consent issigned ; and the signature of the individual or person legallyauthorized to give consent for the individual .

(3) ACCESS TO COURT RECORDS . The files and records of thecourt proceedings under this chapter shall be closed but shallbe accessible to any individual who is the subject of a petitionfiled under this chapter. An individual's attorney or guardianad l item shall have access to such records without theindividual's consent and without modification of the recordsin order to prepare for involuntary commitment or recom-mitment proceedings, reexaminations, appeals, or other ac-tions relating to detention, admission or commitment underthis chapter or ch . 971 or 975 . In other situations, suchrecords may be released to other persons only pursuant to theinformed written consent of the individual or pursuant tolawful order of the court which maintains the records .

(4 ) ACCESS TO REGISTRATION AND TREATMENT RECORDS . (a)Confidentiality of records . Except as otherwise provided inthis chapter and ss . 905 .03 and 905 .04, all treatment recordsshal l remain confidential and are privileged to the subjectindividual. Such records may be released only to the personsdesignated in this chapter or ss . 905 .03 and 905 .04, or to otherdesignated persons with the informed written consent of thesubject individual as provided in this section . This restrictionapplies to elected officials and to members of boards ap-pointed under s . 5 1 .42 (4) (a) or 5 1 .437 (7) (a) .

(b) Access without informed written consent . Notwithstand-ing par. (a), treatment records of an individual may bereleased without informed written consent in the followingcircumstances, except as restricted under par . (c) :

1081 87-88 Wis . Stats .

the county of the facility's location while such patient is undercommitment .

(5) The board to which a patient is committed shall providethe least restrictive treatment alternative appropriate to thepatient's needs, and movement through all appropriate andnecessary treatment components to assure continuity of care .

Hi story: 1975 c . 430; 1977 c . 428; 1983 a. 27 s. 2202 (20) ; 1983 a . 474; 1 985a. 176.

Standard for determining whether state has adequately protected patient'srights is whether professional judgment was in fact exercised . Youngberg v .Romeo, 4 57 US 307 ( 1 982) .



summary. The discharge summary may include a statementof the patient's problem, the treatment goals, the type oftreatment which has been provided, and recommendation forfuture treatment, but it may not include the patient's com-plete treatment record . The department shall promulgaterules to implement this subdivision .

10. To a correctional facility or to a probation and paroleagent who is responsible for the supervision of an individualwho is receiving inpatient or outpatient evaluation or treat-ment under this chapter in a program that is operated by, or isunder contract with, the department or a county departmentunder s . 51 .42 or 51.437, or in a treatment facility, as acondition of the probation and parole supervision plan, orwhenever such an individual is transferred from a state orlocal correctional facility to such a treatment program and isthen transferred back to the correctional facility . Everyprobationer or parolee who receives evaluation or treatmentunder this chapter shall be notified of the provisions of thissubdivision by the individual's probation and parole agent .Release of records under this subdivision is limited to :

a. The report of an evaluation which is provided pursuantto the written probation and parole supervision plan .

b. The discharge summary, including a record or summaryof all somatic treatments, at the termination of any treatmentwhich is provided as part of the probation and parolesupervision plan .

c . When an individual is transferred from a treatmentfacility back to a correctional facility, the information pro-vided under subd . 10 . d .

d. Any information necessary to establish, or to implementchanges in, the individual's treatment plan or the level andkind of supervision on probation or parole, as determined bythe director of the facility or the treatment director. In casesinvolving a person transferred back to a correctional facility,disclosure shall be made to clinical staff only . In casesinvolving a person on probation or parole, disclosure shall bemade to a probation and parole agent only . The departmentshall promulgate rules governing the release of records underthis subdivision .

11 . To the subject individual's counsel or guardian adlitem, without modification, at any time in order to preparefor involuntary commitment or recommitment proceedings,reexaminations, appeals or other actions relating to deten-tion, admission, commitment or patients' rights under thischapter or ch. 971 or 975 .

12. To a correctional officer of the department who hascustody of or is responsible for the supervision of an individ-ual who is transferred or discharged from a treatment facility .Records released under this subdivision are limited to noticeof the subject individual's change in status .

12m. To any person if the patient was admitted under s .971 .14 or 971 .17 or ch . 975 or transferred under s . 51 .35 (3) or51 .37 and is on unauthorized absence from a treatmentfacility . Information released under this subdivision is lim-ited to information that would assist in the apprehension ofthe patient .

13. To the parents, children or spouse of an individual whois or was a patient at an inpatient facility, to a law enforce-ment officer who is seeking to determine whether an individ-ual is on unauthorized absence from the facility, and tomental health professionals who are providing treatment tothe individual at the time that the information is released toothers . Information released under this subdivision is limitedto notice as to whether or not an individual is a patient at theinpatient facility .

14. To the counsel for the interests of the public in order toprepare for involuntary commitment or recommitment pro-

ceedings, reexaminations, appeals or other actions relating todetention, admission or commitment under this chapter orch. 971 or 975. Records released under this subdivision arelimited to information concerning the admission, detentionor commitment of an individual who is presently admitted,detained or committed .

15. To personnel employed by a county department unders. 46 .215, 46 .22, 51.42 or 51 .437 in any county where thecounty department has established and submitted to thedepartment a written agreement to coordinate services toindividuals receiving services under this chapter . This infor-mation shall be released upon request of such county depart-ment personnel, and may be utilized only for the purposes ofcoordinating human services delivery and case management .This information shall remain confidential, and shall con-tinue to be governed by this section . Information may bereleased under this subdivision only if the subject individualhas received services through a county department under s .51 .42 or 51 .437 within 6 months preceding the request forinformation, and the information is limited to:

a. The subject individual's name, address, age, birthdate,sex, client-identifying number and primary disability .

b. The type of service rendered or requested to be providedto the subject individual, and the dates of such service orrequest .

c. Funding sources, and other funding or paymentinformation .

16 . If authorized by the secretary or his or her designee, toa law enforcement agency upon request if the individual wasadmitted under ch. 971 or 975 or transferred under s . 51 .35 (3)or 51 .37. Information released under this subdivision islimited to the individual's name and other identifying infor-mation, including photographs and fingerprints, the branchof the court that committed the individual, the crime that theindividual is charged with, found not guilty of by reason ofmental disease or defect or convicted of, whether or not theindividual is or has been authorized to leave the grounds ofthe institution and information as to the individual's where-abouts during any time period . In this subdivision "lawenforcement agency" has the meaning provided in s . 165 .83(1) (b) .

17. To the county agency designated under s . 46 .90 (2) orother investigating agency under s . 46.90 for the purposes ofs. 46.90 (4) (a) and (5) .

18. To staff members of the protection and advocacyagency designated under s . 51 .62 (2) or to staff members ofthe private, nonprofit corporation with which the agency hascontracted under s. 51 .62 (3) (a) 3, if any, for the purpose ofprotecting and advocating the rights of persons with develop-mental disabilities, as defined under s . 51 .62 (1) (a), or mentalillness, as defined under s . 51 .62 . (1) (bm), except that if thepatient has a guardian information concerning the patientobtainable by staff members of the agency or nonprofitcorporation with which the agency has contracted is limitedto the name, birth date and county of residence of the patient,information regarding whether the patient was voluntarilyadmitted, involuntarily committed or protectively placed andthe date andd place of admission, placement or commitment,and the name and address of any guardian of the patient andthe date and place of the guardian's appointment . Any staffmember who wishes to obtain additional information shallnotify the patient's guardian in writing of the request and ofthe guardian's right to object . The staff member shall sendthe notice by mail to the guardian's address. If the guardiandoes not object in writing within 15 days after the notice ismailed, the staff member may obtain the additional informa-tion. If the guardian objects in writing within 15 days after



from the facility a photostatic copy of any or all of his or hertreatment records . A reasonable and uniform charge forreproduction may be assessed . The director of the treatmentfacility or such person's designee and the treating physicianhave a right to be present during inspection of any treatmentrecords. Notice of inspection of treatment records shall beprovided to the director of the treatment facility and thetreating physician at least one full day, excluding Saturdays,Sundays and legal holidays, before inspection of the recordsis made. Treatment records may be modified prior toinspection to protect the confidentiality of other patients orthe names of any other persons referred to in the record whogave information subject to the condition that his or heridentity remain confidential. Entire documents may not bewithheld in order to protect such confidentiality .

4. At the time of discharge all individuals shall be informedby the director of the treatment facility or such person'sdesignee of their rights as provided in this subsection .

(e) Notation of release of information . Each time writteninformation is released from a treatment record, a notationshall be made in the record by the custodian thereof thatincludes the following : the name of the person to whom theinformation was released ; the identification of the informa-tion released; the purpose of the release ; and the date of therelease. The subject individual shall have access to suchrelease data as provided in par . (d) .

( f) Correction of information . A subject individual, or theparent, guardian or person in the place of a parent of a minor,or the guardian of an incompetent may, after having gainedaccess to treatment records, challenge the accuracy, com-pleteness, timeliness, or relevance of factual information inhis or her treatment records and request in writing that thefacility maintaining the record correct the challenged infor-mation. Such request shall be granted or denied within 30days by the director of the treatment facility, the director ofthe county department under s . 51 .42 or 51 .437, or thesecretary depending upon which person has custody of therecord . Reasons for denial of the requested changes shall begiven by the responsible officer and the individual shall beinformed of any applicable grievance procedure or courtreview procedure . If the request is denied, the individual,parent, guardian or person in the place of a parent shall beallowed to insert into the record a statement correcting oramending the information at issue. The statement shallbecome a part of the record and shall be released wheneverthe information at issue is released .

(5) MINORS AND INCOMPETENTS . (a) Consent for release ofinformation . The parent, guardian, or person in the place of aparent of a minor or the guardian of an adult adjudgedincompetent under ch . 880 may consent to the release ofconfidential information in court or treatment records . Aminor who is aged 14 or more may consent to the release ofconfidential information in court or treatment records with-out the consent of the minor's parent, guardian or person inthe place of a parent . Consent under this paragraph mustconform to the requirements of sub . (2) .

(b) Access to information . 1 . The guardian of an individualwho is adjudged incompetent under ch . 880 shall have accessto the individual's court and treatment records at all times .The parent, guardian or person in the place of a parent of adevelopmentally disabled minor shall have access to theminor's court and treatment records at all times except in thecase of a minor aged 14 or older who files a written objectionto such access with the custodian of the records . The parent,guardian or person in the place of a parent of other minorsshall have the same rights of access as provided to subjectindividuals under this section .

the notice is mailed, the staff member may not obtain theadditional information .

19 . To state and local law enforcement agencies for thepurpose of reporting an apparent crime committed on thepremises of an inpatient treatment facility or nursing home, ifthe facility or home has treatment records subject to thissection, or observed by staff or agents of any such facility ornursing home. Information released under this subdivision islimited to identifying information that may be released undersubd. 16 and information related to the apparent crime .

20. Except with respect to the treatment records of asubject individual who is receiving or has received services foralcoholism or drug dependence, to the spouse, parent, adultchild or sibling of a subject individual, if the spouse, parent,adult child or sibling is directly involved in providing care toor monitoring the treatment of the subject individual and ifthe involvement is verified by the subject individual ' s physi-cian, psychologist or by a person other than the spouse,parent , adult child or sibling who is responsible for providingtreatment to the subject individual , in order to assist in theprovision of care or monitoring of treatment . Except in anemergency as determined by the person verifying the involve-ment of the spouse, parent, adult child or sibling, the requestfor treatment records under this subdivision shall be inwriting , by the requester . Unless the subject individual hasbeen adjudged incompetent under ch . 880, the person verify-ing the involvement of the spouse, parent, adult child orsibling shall notify the subject individual about the release ofhis or her treatment records under this subdivision . Treat-ment records released under this subdivision are limited tothe following:

a. A summary of the subject individual's diagnosis andprognosis .

b. A listing of the medication which the subject individualhas received and is receiving .

c. A description of the subject individual's treatment plan .21 . To a mental health review officer for the purposes of s .

51.14 .(c) Limitation on release of alcohol and drug treatment

records . Notwithstanding par . (b), whenever federal law orapplicable federal regulations restrict, or as a condition toreceipt of federal aids require that this state restrict the releaseof information contained in the treatment records of anypatient who receives treatment for alcoholism or drug depen-dency in a program or facility to a greater extent thanpermitted under this section, the department may by rulerestrict the release of such information as may be necessary tocomply with federal law and regulations . Rules promulgatedunder this paragraph shall supersede this section with respectto alcoholism and drug dependency treatment records inthose situations in which they apply .

(d) Individual access . 1 . Access to treatment records by asubject individual during his or her treatment may be re-stricted by the director of the treatment facility . However,access may not be denied at any time to records of allmedications and somatic treatments received by theindividual .

2. The subject individual shall have a right, followingdischarge under s . 51 .35 (4), to a complete record of allmedications and somatic treatments prescribed during ad-mission or commitment and to a copy of the dischargesummary which was prepared at the time of his or herdischarge. A reasonable and uniform charge for reproductionmay be assessed .

3 . In addition to the information provided under subd . 2,the subject individual shall, following discharge, if the indi-vidual so requests, have access to and have the right to receive



2. A minor upon reaching the age of 14 shall have access tohis or her own court and treatment records, as provided inthis section . A minor under the age of 14 shall have access tocourt records but only in the presence of parent, guardian,counsel, guardian ad litem or judge and shall have access totreatment records as provided in this section but only in thepresence of parent, guardian, counsel, guardian ad litem orstaff member of the treatment facility .

(bm) Parents denied physical placement . A parent who hasbeen denied periods of physical placement with a child unders. 767 .24 (4) (b) or 767 .325 (4) may not have the rights of aparent or guardian under pars . (a) and (b) with respect toaccess to that child's court or treatment records .

(c) Juvenile court records . The court records of juvenilesadmitted or committed under this chapter shall be keptseparately from all other juvenile court records .

(d) Other juvenile records . Section 48.78 does not apply torecords covered by this section .

(e) Temporary guardian far adult incompetent . If an adult isbelieved to be incompetent to consent to the release of recordsunder this section, but no guardian has been appointed forsuch individual, consent for the release of records may begiven by a temporary guardian who is appointed for thepurpose of deciding upon the release of records .

(6) PRIVILEGES . Sections 905 .03 and 905 .04 supersede thissection with respect to communications between physiciansand patients and between attorneys and clients .

(7) CRIMINAL COMMITMENTS . Except as otherwise specifi-cally provided, this section applies to the treatment records ofpersons who are committed under chs . 971 and 975 .

(8) GRIEVANCES . Failure to comply with any provisions ofthis section may be processed as a grievance under s . 51 .61(5) . However, use of the grievance procedure is not requiredbefore bringing any civil action or filing a criminal complaintunder this section .

(9) ACTIONS FOR VIOLATIONS; DAMAGES; INJUNCTION . (a)Any person, including the state or any political subdivision ofthe state, violating this section shall be liable to any persondamaged as a result of the violation for such damages as maybe proved, together with exemplary damages of not less than$100 for each violation and such costs and reasonable actualattorney fees as may be incurred by the person damaged . Acustodian of records incurs no liability under this paragraphfor the release of records in accordance with this section whileacting in good faith .

(b) In any action brought under par. (a) in which the courtdetermines that the violator acted in a manner that wasknowing and wilful, the violator shall be liable for suchdamages as may be proved together with exemplary damagesof not less than $500 nor more than $1,000 for each violation,together with costs and reasonable actual attorney fees asmay be incurred. It is not a prerequisite to an action underthis subsection that the plaintiff suffer or be threatened withactual damages.

(c) An individual may bring an action to enjoin anyviolation of this section or to compel compliance with thissection, and may in the same action seek damages as providedin this subsection . The individual may recover costs andreasonable actual attorney fees as may be incurred in theaction, if he or she prevails .

(10) PENALTY . Any person who requests or obtains confi-dential information under this section under false pretensesmay be fined not more than $500 or imprisoned not morethan one year in the county jail or both.

(11) DISCIPLINE OF EMrLOYEs. Any employe of the depart-ment, a county department under s . 51 .42 or 51.437 or apublic treatment facility who violates this section or any rule

51 .35 Transfers and discharges. (1) TRANSFER OF PA11ENTSAND RESIDENTS . (a) The department or the county departmentunder s . 51 .42 or 51 .437 may transfer any patient or residentwho is committed to it, or who is admitted to a facility underits supervision or operating under an agreement with it,between treatment facilities or from a facility into the com-munity if such transfer is consistent with reasonable medicaland clinical judgment and consistent with s . 51 .22 (5). Thetransfer shall be made in accordance with par. (e) . Terms andconditions which will benefit the patient or resident may beimposed as part of a transfer to a less restrictive treatmentalternative . A patient or resident who is committed to thedepartment or a county department under s . 51 .42 or 5 1 .437may be required to take medications and receive treatment,subject to the right of the patient or resident to refusemedication and treatment under s . 51 .61 (1) (g) and (h),through a community support program as a term or condi-tion of a transfer . The patient or resident shall be informed atthe time of transfer of the consequences of violating suchterms and conditions, including possible transfer back to afacility which imposes a greater restriction on personal free-dom of the patient or resident .

(b) In addition to the requirements in par . (a), a transfer ofa patient in a mental health institute or center for thedevelopmentally disabled by the department is subject to theapproval of the appropriate county department under ss .51 .42 and 51 .437 to which the patient was committed orthrough which the patient was admitted to the facility, if any .

(bm) Notwithstanding par . (b), transfer of a patient underthe age of 22 years to a center for the developmentallydisabled may be made only to the central center for thedevelopmentally disabled unless the department authorizesthe transfer of the patient to the northern or southern centerfor the developmentally disabled .

(c) The department may, without approval of the countydepartment under s. 51 .42 or 51.437 and notwithstandingpar. (d) 3, transfer any patient from a treatment facility toanother treatment facility when the condition of the patientrequires such transfer without delay . The department shallnotify the appropriate county department under s . 51 .42 or51 .437 that the transfer has been made . Any patient sotransferred may be returned to the treatment facility fromwhich the transfer was made, upon orders from the depart-ment or the county department under s . 51 .42 or 51.437,when such return would be in the best interests of the patient .

(d) 1. The department may, without approval of theappropriate county department under s . 51 .42 or 51 .437,transfer any patient from a state treatment facility or otherinpatient facility to an approved treatment facility which isless restrictive of the patient's personal freedom .

2. Transfer under this subsection may be made only if thetransfer is consistent with the requirements of par . (a), andthe department finds that the appropriate county departmentunder s. 51 .42 or 51 .437 is unable to locate an approvedtreatment facility in the community, or that such countydepartment has acted in an arbitrary or capricious manner toprevent the transfer of the patient out of the state treatment


promulgated pursuant to this section may be subject todischarge or suspension without pay .

(12) RULE-MAKING . The department shall promulgate rulesto implement this section.

History : 1975c.430; 1977 c . 26 s . 75; 1977c .61,428 ; 1979c. 110s.60(1);1983 a . 27, 292, 398, 538; 1985 a . 29, 176 ; 1985 a . 292 s . 3 ; 1985 a . 332 ss . 97, 98,251 (1) ; 1987 a . 352, 355, 362, 367, 399, 403.

See note to 905 .04, citing State v . Taylor, 142 W (2d) 36, 417 NW (2d) 192(Ct . App . 1987) .

See note to 48 .981, citing 68 Atty . Gen . 342.See note to 51 .47, citing OAG 42-88 .


nation that the evidence is reliable . Hearsay evidence maynot be the sole basis for the decision of the hearing officer .

5` The hearing officer shall, as soon as possible after thehearing, issue a written statement setting forth his or herdecision, the reasons for the decision and the facts uponwhich the decision is based . Within 30 days after the date onwhich the statement is issued, the patient or the departmentor the county department seeking the transfer may appeal thedecision to a court in the county in which the facility to whichthe patient has been transferred is located or to the commit-ting court.

6. This paragraph does not apply to a return to a morerestrictive facility if the return occurs within 7 days after atemporary transfer from that facility and the return was partof a previously established plan of which the patient wasnotified at the time of the temporary transfer. This para-graph does not apply to a return of an inmate to a state orcounty treatment facility under s . 51 .20 (13) (cm).

(0 The transfer of a patient or resident to a medical facilityfo r nonpsychiatric medical services does not constitute atransfer within the meaning of this chapter and does notrequire the procedural protections for return to the originalfacility which are required by this section for other transfers .

(2) TRANSFER OF CERTAIN DEVELOPMENTALL Y DISABLED PA-rEErrzs. The department may authorize a transfer of a patientfrom a center for the developmentally disabled to a statetreatment facility if such patient is mentally ill and exhibitsconduct which constitutes a danger as defined in s . 51 .20 (1)(a) 2 to himself or herself or to others in the treatment facilitywhere he or she is present . The department shall file astatement of emergency detention with the committing courtwithin 24 hours after receiving such person for emergencydetention. The statement shall conform to the requirementsspecified in s . 51 .15 (4) .

(3) TRANSFER OF CERTAIN CHILDREN FROM JUVEN IL E COR-RECTIONAL FACILITIES . (a) A licensed physician or licensedpsychologist of a juvenile correctional facility under s . 48 .52or a licensed physician or licensed psychologist of the depart-ment, who has reason to believe that any individual confinedin the facility is, in his or her opinion, in need of services fordevelopmental disability, alcoholism or drug dependency orin need of psychiatric services, and who has obtained volun-tary consent to make a transfer for treatment, shall make areport, in writing, to the superintendent of the facility, statingthe nature and basis of the belief and verifying the consent . Inthe case of a minor age 14 and over, the minor and the minor'sparent or guardian shall consent unless the minor is admittedunder s . 51 .13 (1) (c); and in the case of a minor under the ageof 14, only the minor's parent or guardian need consent . Thesuperintendent shall inform, orally and in writing, the minorand the minor's parent or guardian, that transfer is beingconsidered and shall inform them of the basis for the requestand their rights as provided in s . 51 .13 (3) . If the department,upon review of a request for transfer, determines that transferis appropriate, the department may immediately transfer theindividual and shall file a petition under s . 51 .13 (4) (a) in thecourt assigned to exercise jurisdiction under ch. 48 of thecounty where the treatment facility is located .

(b) The court assigned to exercise jurisdiction under ch . 48shall determine, based on the allegations of the petition andaccompanying documents, whether the transfer is voluntaryon the part of the minor if he or she is aged 14 or over, andwhether the transfer of the minor to an inpatient facility isappropriate and consistent with the needs of the minor . Inthe event that the court is unable to make such determina-tions based on the petition and accompanying documents, itshall order additional information to be produced as it deems

facility or other inpatient facility contrary to medical andclinical judgment .

3 . A transfer of a patient, made under authority of thissubsection, may be made only after the department hasnotified the county department under s . 51 .42 or 51 .437 of itsintent to transfer a patient in accordance with this subsection .The patient's guardian, if any, or if a minor his or her parentor person in the place of a parent shall be notified .

(e) 1 . Whenever any transfer between different treatmentfacilities results in a greater restriction of personal freedomfor the patient and whenever the patient is transferred fromoutpatient to inpatient status, the department or the countydepartment specified under par. (a) shall inform the patientboth orally and in writing of his or her right to contact anattorney and a member of his or her immediate family, theright to have counsel provided at public expense, as providedunder s . 967 .06 and ch . 977, if the patient is indigent, and theright to petition a court in the county in which the patient islocated or the committing court for a review of the transfer .

2. In addition to the rights and requirements specified insubd. 1, within 24 hours after any transfer which results in agreater restriction of personal freedom for the patient for aperiod of more than 5 days or any transfer from outpatient toinpatient status for a period of more than 5 days and if thetransfer is due to an alleged violation of a condition of atransfer to less restrictive treatment, the department or thecounty department specified under par . (a) shall ensure thatthe patient is provided a written statement of the reasons forthe transfer and the facts supporting the transfer and oral andwritten notice of all of the following:a. The requirements and rights under subds . 3 to 5 .b. The patient's right to counselc. The patient's right to have counsel provided at public

expense, as provided under s. 967.06 and ch . 977, if thepatient is indigent .

d. The rights of the patient's counsel to investigate the factsspecified in the written statement of reasons for the transfer,to consult with the patient prior to the patient's waiving ahearing under subd. 3, to represent the patient at all proceed-ings on issues relating to the transfer, and to take any legalsteps necessary to challenge the transfer.

3. Within 10 days after the transfer specified in subd . 2, ahearing shall be held on whether the form of treatmentresulting from the transfer is least restrictive of the patient'spersonal liberty, consistent with the treatment needs of thepatient, and on whether the patient violated a condition of atransfer to less restrictive treatment that resulted in a transferunder subd . 2. The hearing shall be held before a hearingofficer designated by the director of the facility to which thepatient has been transferred. The hearing officer may not bea person who has had direct responsibility for making treat-ment decisions for or providing treatment to the subjectindividual. The patient may appear at the hearing, eitherpersonally or by counsel, and may present and cross-examinewitnesses and present documentary evidence . The hearingmay be waived by the patient only after consultation withcounsel. Any waiver made shall be in writing and witnessedby the patient's counsel .4. The department or the county department seeking the

transfer has the burden of proving, by a preponderance of theevidence, that the form of treatment resulting from thetransfer is least restrictive of the patient's personal liberty,consistent with the treatment needs of the patient, and thatthe patient violated a condition of a transfer to less restrictivetreatment that resulted in a transfer under subd . 2 . Hearsayevidence is admissible if the hearing officer makes a determi-

1085 87-88 Wis. Stats . MENTAL H EALTH ACT 51 .35


necessary to make such review, and make such determina-tions within 14 days of admission, or it may hold a hearingwithin 14 days of admission. If a notation of the minor'sunwillingness appears on the face of the petition, or that ahearing has been requested by the minor, the minor's counsel,guardian ad ]item, parent or guardian, the court shall hold ahearing and appoint counsel or a guardian ad ]item for theminor as provided in s . 51 .13 (4) (d) . At the conclusion of thehearing, the court shall approve or disapprove the request fortransfer. If the minor is under the continuing jurisdiction ofthe court of another county, the court may order the casetransferred together with all appropriate records to thatcourt.

(c) A licensed physician or licensed psychologist of ajuvenile correctional facility or of the department, who hasreason to believe that any individual confined in the facility is,in his or her opinion, mentally ill, drug dependent or develop-mentally disabled, and is dangerous as defined in s . 51 .20 (1)(a) 2, or is an alcoholic and is dangerous as defined in s . 51 .45(13) (a), shall file a written report with the superintendent ofthe facility, stating the nature and basis of the belief . If thesuperintendent, upon review of the allegations in the report,determines that transfer is appropriate, he or she shall file apetition according to s . 51 .20 or 51 .45 in the court assigned toexercise jurisdiction under ch . 48 of the county where thecorrectional facility is located . The court shall hold a hearingaccording to procedures provided in s . 51 .20 or 51 .45 (13) .

(d) Within a reasonable time before the expiration of theconfinement of an individual who is transferred under par .(a), if he or she is still in the treatment facility, the directorshall make an application under s . 51 .20 or 51 .45 (13) to thecourt of the county in which the hospital is located for aninquiry into the individual's mental and physical condition,and thereafter the proceedings shall be as in other applica-tions under such provisions . Notwithstanding ss.51 .20 (1) (b)and 51 .45 (13) (a), the application of the director of thetreatment facility alone is sufficient .

(e) The department may authorize emergency transfer ofan individual from a juvenile correctional facility to a statetreatment facility if there is cause to believe that such individ-ual is mentally ill, drug dependent or developmentally dis-abled and exhibits conduct which constitutes a danger asdefined in s . 51 .20 (1) (a) 2 to the individual or to others, or isan alcoholic and is dangerous as provided in s . 51 .45 (13) (a)1and 2. The correctional custodian of the sending institutionshall execute a statement of emergency detention or petitionfor emergency commitment for such individual and deliver itto the receiving state treatment facility . The department shallfile the statement or petition with the court within 24 hoursafter the subject individual is received for detention orcommitment. Such statement or petition shall conform to s .51 .15 (4) or (5) or 51 .45 (12) (b) . After an emergency transferis made, the director of the receiving facility may file apetition for continued commitment under s . 51 .20 (1) or 51 .45(13) or may return the individual to the institution fromwhich the transfer was made . As an alternative to thisprocedure, the procedure provided in s . 51 .15 or 51 .45 (12)may be used, except that no prisoner may be released withoutthe approval of the court which directed confinement in thecorrectional facility .

( f) A copy of the patient's rights established in s . 51 .61 shallbe given and explained to the minor and his or her parent orguardian at the time of admission by the director of thefacility or such person's designee .

(g) A minor 14 years of age or older who is transferred to atreatment facility under par. (a) may request in writing areturn to the juvenile correctional facility . In the case of a

minor under 14 years of age, the parent or guardian maymake the request. Upon receipt of a request for return from aminor 14 years of age or over, the director shall immediatelynotify the minor's parent or guardian . The minor shall bereturned to the juvenile correctional facility within 48 hoursafter submission of the request unless a petition or statementis filed for emergency detention, emergency commitment,involuntary commitment or protective placement .

(4) DISCHARGE. (a) The county department under s. 51 .42or 51 .437 shall grant a discharge from an order of commit-ment when it determines that the patient no longer meets thestandard for recommitment under s. 51 .20 (13) (g). Thecounty department shall grant a discharge to a patient who isvo luntarily admitted to an inpatient facility if the treatmentdi rector determines that treatment is no longer necessary or ifthe individual requests such discharge. Discharge or reten-tion of a patient who is voluntarily admitted is subject to theprocedures prescribed in ss . 51 .10 (5) and 51 .13 (7) .

(b) The department shall grant a discharge from commit-ment or from voluntary admission for patients committed orvoluntarily admitted to a facility under control of the depart-ment. The standards applied by the department in granting adischarge shall be the same as those provided in par . (a) . Thedepartment may not discharge from a commitment an indi-vidual who has been committed to a county departmentunder s. 51 .42 or 51 .437 without first obtaining approval ofthat county department . The department may discharge avoluntarily admitted patient if the appropriate county de-partment is notified. Transfers of patients may be made bythe department in accordance with sub . (1) .

(c) The director of an inpatient facility may grant adischarge or may terminate services to any patient who isvoluntarily admitted under s . 51 .10 or 5 1 .13 when, on theadvice of the treatment staff, such discharge or termination isin the best interests of the patient .

(d) The director of an inpatient facility may grant adischarge or may terminate services to any patient voluntarilyadmitted under s. 51 . 1 0 or 51 .13 when such patient requests adischarge. Such discharge shall conform to the requirementsof s . 5 1 .10 (5) (c) or 51 .13 (7) .

(e) A discharge may be issued to a patient who participatesin outpatient, aftercare, or fol low-up treatment programs .The discharge may permit the patient to receive necessarymed i cation, outpatient treatment, consultation and guidancefrom the issuing facility at the request of the patient . Suchdischarge is not subject to withdrawal by the issuing agency .

(t) Notice of discharge shall be filed with the committingcourt, if any, by the department or the board which grantedthe discharge. After such discharge, if it becomes necessaryfor the individual who is discharged to have further care andtreatment, and such individual cannot be voluntarily admit-ted, a new commitment must be obtained, following theprocedure for the original commitment .

(4m) TRANSFER OR DISCHARGE OF PERSONS WITH CHRONICMENTAL ILLNESS. The department or county departmentunder s. 51 .42 or any person authorized to discharge ortransfer patients under this section shall, prior to the dis-charge of a patient with chronic menta l illness from aninpatient facility, or prior to the transfer of a patient withchron ic mental illness from inpatient to outpatient status,with the patient's permission if the patient is a voluntarypatient, do all of the following :

(a) Refer the patient to the county department under s .51 . 42 which is responsible for the patient's care for referral toa community support program in the county to which thepatient will be discharged or transferred for evaluation of theneed for and feasibility of the provision of community-based



51 .37 Criminal commitments ; mental health institutes . (1)All commitments under ss . 971 .14 (5), 971 .17, 975 .01, 1977

1087 87-88 Wis . Stats .

services and of the need for and feasibility of the provision ofaftercare services .

(b) Assist the patient in applying for any public assistancefor which he or she may qualify .

(5) RESIDENTIAL LIVING ARRANGEMENTS TRANSITIONARYSERVICES . The department and any person, director or boardauthorized to discharge or transfer patients under this sectionshall ensure that a proper residential living arrangement andthe necessary transitionary services are available and pro-vided for the patient being discharged or transferred . Underthis subsection, a proper residential living arrangement maynot include a shelter facility, as defined under s . 46 .97 (1) (d),unless the discharge or transfer to the shelter facility is madeon an emergency basis for a period not to exceed 10 days .

(6) VETERANS. (a) When the department has notice that anyperson other than a prisoner is entitled to receive care andtreatment in a veterans' administration facility, the personmay petition the department for a transfer to such facility,and the department may procure his or her admission to suchfacility in accordance with s . 45 .30.

(b) If an individual who is committed under s . 51 .37 isentitled to receive care and treatment in a veterans' adminis-tration facility, the person may petition the department for atransfer to such facility . If the department declines to grantthe request, it shall give the person a written reply, stating thereasons for its position . The decision of the department issubject to review by the court which passed sentence orordered commitment of the person .

( 7) GUARDIANSHIP AND PROTECTIVE SERVICES . Prior todischarge from any state treatment facility, the departmentshall review the possible need of a developmentally disabled,aged infirm or person with other like incapacities for protec-tive services or placement under ch . 55 after discharge,including the necessity for appointment of a guardian orlimited guardian. The department shall petition for limitedor full guardianship, or for protective services or placementfor the person if needed . When the department makes apetition for guardianship under this subsection, it shall not beappo i nted as guardian.

(8) HOME VISITS AND LEAVES AUTHORIZED . (a) The depart-ment or the county department under s . 51 .42 or 51 .437 maygrant to a patient or resident who is committed to it under thischapter, or who is admitted or transferred under this chapterto a facility under its supervision or operating under acontractual agreement with it, a home visit for up to 15 days,or a leave for employment or education purposes in which thepatient or resident is not absent from the facility for morethan 15 days.

(b) If a patient or resident who is detained under s . 51 .15,committed under s . 51 .20 or transferred under sub . (3) doesnot return to the treatment facility by the time designated inthe granting of the home visit or leave, the director of thetreatment facility may request the sheriff of the county inwhich the individual is found to return the individual to thefacility . The sheriff shall act in accordance with s . 51 .39.

(c) This subsection does not apply to persons transferredfrom a prison or jail under s . 51 .37 (5) .

(d) A home visit or leave does not constitute a transferunder this chapter, and does not require a hearing under thissection or s . 51 .61 .

History: 1975 c . 430 ss . 18, 81 ; 1977 a 26, 29, 428 ; 1979 c . 110 s. 60 (1);1 981 c. 74 s . 2; 1 981 c. 31 4 s . 144; 1983 a . 27, 441, 47 4; 1985 a. 29, 176, 332; 1987a . 366, 403 .NOTE: 1987 Wis. Act 366 , that amended this section c ontain s notes b y the

Legislative Council following many of the statute s affected.

M ENTAL HEALTH ACT 51 .37

stats., and 975 .02, 1977 stats ., and s . 975 .06 shall be to thedepartment.

(3) The Mendota and Winnebago mental health institutesmay be used for the custody, care and treatment of personscommitted or transferred thereto pursuant to this section andchs. 971 and 975.

(4) The department may, with the approval of the commit-ting court and the county department under s . 51 .42 or51 .437, and subject to s. 51.35, transfer to the care andcustody of a county department under s . 51 .42 or 51 .437 anyperson in an institution of the department committed under s .971.14 or 971 .17, if in its opinion, the mental condition of theperson is such that further care is required and can beproperly provided under the direction of the county depart-ment under s . 51 .42 or 51 .437 .

(5) (a) When a licensed physician or licensed psychologistof a state prison, of a county jail or of the department reportsin writing to the officer in charge of a jail or institution thatany prisoner is, in his or her opinion, mentally ill, drugdependent, or developmentally disabled and is appropriatefor treatment as provided in s . 51 .20 (1), or is an alcoholic andis dangerous as provided in s . 51 .45 (13) (a) 1 and 2; or thatthe prisoner is mentally ill, drug dependent, developmentallydisabled or is an alcoholic and is in need of psychiatric orpsychological treatment, and that the prisoner voluntarilyconsents to a transfer for treatment, the officer shall make awritten report to the department which may transfer theprisoner if a voluntary application is made, and if not file apetition for involuntary commitment under s . 51 .20 (1) or51 .45 (13) . Any time spent by a prisoner in an institutiondesignated under sub . (3) or s . 51 .37 (2), 1983 stats ., shall beincluded as part of the individual's sentence .

(b) The department may authorize an emergency transferof an individual from a prison, jail or other criminal detentionfacility to a state treatment facility if there is cause to believethat such individual is mentally ill, drug dependent or devel-opmentally disabled and exhibits conduct which constitutes adanger as defined in s . 51 .20 (1) (a) 2 of physical harm tohimself or herself or to others, or is an alcoholic and isdangerous as provided in s . 51 .45 (13) (a) 1 and 2. Thecorrectional custodian of the sending institution shall executea statement of emergency detention or petition for emergencycommitment for such individual and deliver it to the receivingstate treatment facility. The department shall file the state-ment or petition with the court within 24 hours after receivingthe subject individual for detention. Such statement orpetition shall conform to s . 51 .15 (4) or (5) or 51 .45 (12) (b) .After an emergency transfer is made, the director of thereceiving facility may file a petition for continued commit-ment under s . 51 .20 (1) or 51.45 (13) or may return theindividual to the institution from which the transfer wasmade. As an alternative to this procedure, the emergencydetention procedure in s . 51 .15 or 51 .45 (12) mayy be used,except that no prisoner may be released without the approvalof the court which directed confinement in the institution .

(c) No state treatment facility may accept for admission anindividual who is being transferred from a county jail underpar. (a) or (b) without the approval of the county departmentunder s . 51 .42 or 51 .437 of the county in which the jail islocated. No state treatment facility may retain such anindividual beyond 72 hours without the approval of thecounty department under s . 51 .42 or 51 .437 of the countywhere the transferred individual has legal residence.

(6) After an emergency transfer is made, the director of thereceiving facility may file a petition for continued commit-ment under s. 51 .20 (1) .


(7) Section 51 .20 (18) applies to witness fees, attorney feesand other court fees incurred under this section.

(8) (a) Rights to reexamination under s . 51 .20 (16) apply toa prisoner or inmate who is found to be mentally ill or drugdependent except that the petition shall be made to the courtwhich made the finding or, if the prisoner or inmate isdetained by transfer, to the circuit court of the county inwhich he or she is detained . If upon rehearing it is found thatthe standards for recommitment under s . 51 .20 (13) (g) nolonger apply to the prisoner or inmate or that he or she is notin need of psychiatric or psychological treatment, the pris-oner or inmate shall be returned to the prison or county jail orhouse of correction unless it is past his or her release date asdetermined under s . 53.11, in which case he or she shall bedischarged .

(b) If the condition of any prisoner or inmate committed ortransferred under this section requires psychiatric or psycho-logical treatment after his or her date of release as determinedunder s . 53 .11, the director of the state treatment facility shall,within a reasonable time before the release date of theprisoner or inmate, make a written application to the courtwhich committed the prisoner or inmate under sub . (5) (a) .Thereupon, the proceeding shall be upon application madeunder s. 51.20, but no physician or psychologist who isconnected with a state prison, Winnebago or Mendotamental health institute or any county jail or house of correc-tion may be appointed as an examiner . If the court does notcommit the prisoner or inmate, it may dismiss the applicationand order the prisoner or inmate returned to the institutionfrom which he or she was transferred until the release date ofthe prisoner or inmate . If the court commits the prisoner orinmate for the period commencing upon his or her releasedate, such commitment shall be to the care and custody of thecounty department under s . 51 .42 or 51 .437 .

(9) If in the judgment of the director of Mendota mentalhealth institute, Winnebago mental health institute or theMilwaukee county mental health complex, any person who iscommitted under s . 971 .14 or 971 .17 is not in such conditionas warrants his or her return to the court but is in a conditionto receive a conditional transfer or discharge under supervi-sion, the director shall report to the department, the commit-ting court and the district attorney of the county in which thecourt is located his or her reasons for such judgment. If thecourt does not file objection to the conditional transfer ordischarge within 60 days of the date of the report, the directormay, with the approval of the department, conditionallytransfer any person to a legal guardian or other person,subject to the rules of the department . Before a person isconditionally transferred or discharged under supervisionunder this subsection, the department shall so notify themunicipal police department and county sheriff for the areawhere the person will be residing . The notification require-ment does not apply if a municipal department or countysheriff submits to the department a written statement waivingthe right to be notified .

( 10) (a) The director of a state treatment facility may grantto any patient admitted to the facility as a result of acommitment under ch. 971 or 975, a home visit for up to 15days, or a leave for employment or education purposes inwhich the patient is not absent from the facility for more than15 days .

(b) Such a home visit or leave may be granted by thedepartment at its discretion when it is believed to be in thebest therapeutic interests of the patient and it is reasonablybelieved not to present a substantial risk of harm to thecommunity .

51 . 40 Residence of developmentally disabled or chroni -cally mentally ill adults . (1) DEFiNITioNS. In this section:

(a) "Agency of a county department" means a public orprivate organization with which a county department con-tracts for provision of services under ch . 46, 51 or 55 .

(b) "Arrange or make placement" means perform anyaction beyond providing basic information concerning theavailability of services, facilities or programs in a county to anindividual or the individual's family .

(c) "Capable of indicating intent" means able to express bywords or other means an informed choice of a place to live .


(c) Any patient who is granted a home visit or leave underthis subsection shall be restricted to the confines of this stateunless otherwise specifically permitted . The patient may, inaddition, be restricted to a particular geographic area. Otherconditions appropriate to the person's treatment may also beimposed upon the home visit or leave .

(d) If such a patient does not return to the treatmentfacility by the time designated in the granting of the homevisit or leave, or if the patient is believed to have violatedother conditions of the home visit or leave, the director of thetreatment facility may request the sheriff of the county inwhich the patient is found to return the patient to the facility .The sheriff shall act in accordance with s . 51 .39 .

(e) The director of the facility in which the patient underpar. (a) is detained or committed shall notify the committingcourt and the appropriate correctional officers of the depart-ment of the intention to grant a home visit or leave under thissubsection at least 20 days prior to the departure of thepatient from the facility .

(f) This section does not apply to persons transferred froma prison or jail under sub . (5) .

(g) A home visit or leave does not constitute a transferunder this chapter and return to the facility does not necessi-tate a hearing under s . 51 .35 or 51 .61 .

(11) When an individual who is in the custody of or underthe supervision of a correctional officer of the department istransferred, discharged or is on unauthorized absence from atreatment facility, the probation or parole agent or otherindividual within the department who is responsible for thatindividual's supervision shall be notified as soon as possibleby the director of the treatment facility .

History : 1975 c. 430; 1977 c. 418 ss . 360 to 362, 929 (55) ; 1977 c . 428 ss . 80,81, 115 ; 1977 c . 447; 1977 c . 449 s . 497 ; 1979 c. 32, 117, 175, 221 ; 1983 a. 27,359, 474; 1985 a . 29 ss . 1 075 to 1077, 3200 (56), 3202 (23) ; 1985 a. 176; 1987 a.307, 394.

See note to art. 1, sec . 6, citing Flakes v . Percy, 511 F Supp . 1325 (1981) .

51 .38 Nonresident patients on unauthorized absence .The circuit court may order the detention of any nonresidentindividual who is on unauthorized absence from any institu-tion of another state for the treatment of mental illness,developmental disabilities, alcoholism or drug abuse . Deten-tion shall be for the period necessary to complete the deporta-tion of that individual .

Hi s tory : 1975 c . 430; 1977 c. 428; 1977 c . 449 s . 497 .

51 . 39 Resident patients on unauthorized absence . If anypatient who is admitted under s . 51 .13, 51 .15, 51 .20, 51 .45(11) (b), (12) or (13) or 55 .06 or ch . 971 or 975 or transferredunder s. 51 .35 (3) or 51 .37 is on unauthorized absence from atreatment facility, the sheriff or any other law enforcementagency in the county in which the patient is found or in whichit is believed the patient may be present, upon the request ofthe director, shall take charge of and return the patient to thefacility . The costs incident to the return shall be paid out ofthe facility's operating funds and be charged back to thepatient's county of residence .

His tory : 1975 c . 430; 1 977 c. 428; 1979 c . 336 .


(d) "County department" means a county departmentunder s. 46 .23, 51 .42 or 51 .437 .

(e) "County of responsibility" means the county responsi-ble for funding the provision of services under ch . 46, 52 or 55to an individual .

(f) "Guardian" means a guardian of the person appointedby a court under ch . 880 .

(g) "Incapable of indicating intent" means one of thefollowing :

1 . The status of an individual who has had a guardianappointed under ch. 880, unless the court made a specificfinding under s. 880.33 (3) that the individual is competent tomake an informed choice of a place to live .

2. The status of an individual for whom there is substantialevidence, based on documentation from a licensed physicianor psychologist who has personally examined the individualand who has expertise concerning the type of mental disabil-ity evidenced by the individual, that the individual is incapa-ble of indicating intent.

(h) "Nursing home" has the meaning specified under s.50.01 (3), except that "nursing home" does not include afacility that is operated directly by the department .

(i) "Parent" has the meaning specified under s . 48 .02 (13) .(j) "State facility" means a state mental health institute,

center for the developmentally disabled, prison as specified ins. 53.01 or a facility that is operated directly by thedepartment.

(2) DETERvttNnTTON OF RESIDENCE . For purposes of deter-mining responsibility for funding the provision of servicesunder chs .'46, 51 and 55, the county of residence of individu-als aged 18 or older with developmental disability or chronicmental illness in state facilities or nursing homes shall bedetermined as follows :

(a) Commitment or protective placement . If an individual isunder a court order of commitment under this chapter orprotective placement under s. 55.06, the individual remains aresident of the county in which he or she has residence at thetime the commitment or protective placement is made . If thecourt makes no specific finding of a county of residence, theindividual is a resident of the county in which the court islocated.

(b) Placement by a county . Except for the provision ofemergency services under s . 51 .15, 51 .42 (1) (b), 51 .437 (4) (c),51 .45 (11) and (12) or 55 .06 (11), if a county department or anagency of a county department arranges or makes placementof the individual into a state facility or nursing home, theindividual is a resident of the county of that county depart-ment. Any agency of the county department is deemed to beacting on behalf of the county department in arranging ormaking placement.

(c) Individuals in state facilities . Except as provided in pars .(a), (b) and (f), an individual who is in a state facility is aresident of the county in which he or she was a resident at thetime the admission to the state facility was made . Thisparagraph may not be applied to change residence from acounty, other than the county in which the facility is located,which has accepted responsibility for or provided services tothe individual prior to August 1, 1987 .

(d) Individuals in nursing homes; admission after August 1,1987 . An individual in a nursing home who was admitted tothe nursing home on or after August 1, 1987, is a resident ofthe county which approved the admission under s . 50 .04 (2r) .

(e) Individuals in nursing homes before August 1, 1987 . 1 .Except as provided in pars . (a) and (b) and subd. 2, anindividual in a nursing home on August 1, 1987, is presumedto be a resident of the county in which the individual isphysically present . The presumption of residence is overcome

only by substantial evidence which clearly establishes resi-dence in another county under subd . 2 or 3 .

2. An individual is a resident of a county other than thecounty in which he or she is physically present as determinedunder subd. 1 if one of the following conditions are met :

a. The individual is capable of indicating intent or has aguardian of the person; the individual had an establishedresidence in the county other than the county in which he orshe is physically present prior to entering a nursing home ; theindividual or the individual's guardian, if any, indicates anintent that the individual will return to the county other thanthe county in which he or she is physically present when thepurpose of entering a nursing home has been accomplished orwhen needed care and services can be obtained in the othercounty; and the individual, at a time when capable ofindicating intent, or a guardian for the individual, has madeno clearly documented expression to a court or countydepartment of an intent to establish residence elsewhere sinceleaving the county other than the county in which he or she isphysically present .

b. The individual is incapable of indicating intent asdetermined by the county department, and has no guardian,the individual ordinarily resides in the other county, and theindividual is in the county in which he or she is physicallypresent for a temporary purpose that is expected to last for nomore than one year, after which the individual is expected toreturn to the county other than the county in which he or sheis physically present .

c . The county other than the county in which he or she isphysically present accepts responsibility for provision ofservices for the individual, and the individual or the individ-ual's guardian, if any, agrees to residence in the county otherthan the county in which he or she is physically present .

d. The county other than the county in which he or she isphysically present has accepted responsibility for or providedservices to the individual prior to August 1, 1987 .

e. The individual is incapable of indicating intent ; theindividual was living in the county other than the county inwhich he or she is physically present outside of a nursinghome or state facility on December 1, 1982, or during aperiod of time after December 1, 1982, under circumstanceswhich established residence in the county other than thecounty in which he or she is physically present; and thecounty other than the county in which he or she is physicallypresent was the last county in which the individual hadresidence while living outside of a nursing home or statefacility .

3 . Unless another county accepts the person as a residentor residence is determined to be in another county under par .(g), the county in which the individual is physically presentshall be the individual's county of residence .

(f) Exception ; county of guardian's residence . Notwith-standing gars . (a) to (e), an individual in a nursing home orstate facility who is incapable of indicating intent and has aguardian of the person may establish residence in the countyof residence of the guardian if all of the following are true :

1 . The guardian is a parent or sibling of the individual .2. The state facility or nursing home is located in the

guardian's county of residence or the guardian indicates anintent that the individual reside in the guardian's county ofresidence when the purpose of entering the state facility ornursing home has been accomplished or when needed careand services can be obtained in that county .

(g) Determination of county of responsibility . 1 . An individ-ual, an interested person on behalf of the individual, or anycounty may request that the department make a determina-tion of the county of responsibility of the individual . Within



upon the individual receiving a service or any other desig-nated responsible party, or prevents reimbursement by thedepartment of health and social services for the actual cost ofall care and services from the appropriation under s . 20 .435(4) (da), as provided in s . 51 .22 (3) .

( 2) DEFINI TION. In this section, "program" means commu-nity services and facilities for the prevention or ameliorationof mental disabilities, including but not limited to mentalillness, developmental disabilities, alcoholism and drugabuse .

(3) COUNTY DEPARTMENT OF COMMUNITY PROGRAMS. (a)Creation . Except as provided under s . 46 .23 (3) (b), the countyboard of supervisors of any county, or the county boards ofsupervisors of 2 or more contiguous counties, shall establish acounty department of community programs on a single-county or multicounty basis to administer a communitymental health, developmental disabilities, alcoholism anddrug abuse program, make appropriations to operate theprogram and authorize the county department of communityprograms to apply for grants-in-aid under s . 51 .423. Thecounty department of community programs shall consist of acounty community programs board, a county communityprograms director and necessary personnel .

(ar) Duties. A county department of community programsshall do all of the following:

1 . Enter into contracts to render services to or secureservices from other agencies or resources including out-of-state agencies or resources . Notwithstanding ss . 59 .07 (44),59.456 and 59 .47, any multicounty department of communityprograms may contract for professional legal services that arenecessary to carry out the duties of the multicounty depart-ment of community programs if the corporation counsel ofeach county of the multicounty department of communityprograms has notified the multicounty department of com-munity programs that he or she is unable to provide suchservices in a timely manner .

2. Enter into contracts for the use of any facility as anapproved public treatment facility under s . 51 .45 for thetreatment of alcoholics if the county department of commu-nity programs deems it to be an effective and economicalcourse to follow .

3. Plan for and establish a community developmentaldisabilities program to deliver the services required under s .51 .437 if, under s. 51.437 (4g) (b), the county board ofsupervisors in a county with a single-county department ofcommunity programs or the county boards of supervisors incounties with a multicounty department of community pro-grams transfer the powers and duties of the county depart-ment under s. 51 .437 to the county department of communityprograms . The county board of supervisors in a county witha single-county department of community programs and thecounty boards of supervisors in counties with a multicountydepartment of community programs may designate thecounty department of community programs to which thesepowers and duties have been transferred as the administrativeagency of the long-term support community options programunder s . 46 .27 (3) (b) 1 and 5 and the community integrationprograms under ss. 46.275, 46.277 and 46 .278 .

4. Within the limits of available state and federal funds andof county funds appropriated to match state funds, providefor the program needs of persons suffering from mentaldisabilities, including mental illness, developmental disabili-ties, alcoholism or drug abuse, by offering the followingservices :

a. Collaborative and cooperative services with publichealth and other groups for programs of prevention .

51 .42 Community mental health , developmental disabili-ties , alcoholism and drug abuse services . (1) PROGRAM. (a)Purpose and intent . All of the following are the purposes andintent of this section :

1 . To enable and encourage counties to develop a compre-hensive range of services offering continuity of care .

2. To utilize and expand existing governmental, voluntaryand private community resources for provision of services toprevent or ameliorate mental disabilities, including but notlimited to mental illness, developmental disabilities, alcohol-ism and drug abuse .

3. To provide for the integration of administration of thoseservices and facilities organized under this section throughthe establishment of a county department of communityprograms .

4. To authorize state consultative services, reviews andestablishment of standards and grants-in-aid for such pro-gram of services and facilities .

(b) County liability . The county board of supervisors hasthe primary responsibility for the well-being, treatment andcare of the mentally ill, developmental ly disabled, alcoholicand other drug dependent citizens residing within its countyand for ensuring that those individuals in need of suchemergency services found within its county receive immediateemergency services . County liability for care and servicespurchased through or provided by a county department ofcommunity programs established under this section shall bebased upon the client's county of residence except for emer-gency services for which liability shall be placed with thecounty in which the individual is found . For the purpose ofestablishing county liability, "emergency services" includesthose services provided under the authority of s . 51 .15, 51 .45(11) (a) or (b) or (12), 55 .05 (4) or 55 .06 (11) (a) for not morethan 72 hours . Nothing in this paragraph prevents recoveryof liability under s . 46 .10 or any other statute creating liability

51.40 MENTAL HEALTH ACT

10 days after receiving the request, the department shallprovide written notice to the individual, to the individual'sguardian, if any, and to all potentially responsible countiesthat a determination of county of responsibility shall be madeand that written information and comments may be submit-ted within 30 days after the date on which the notice is sent .

2. The department shall review information submittedunder subd . I and make such investigation as it deems proper .Within 30 days after the end of the period for submittinginformation, the department shall make a decision as toresidence, and send a copy of the decision to the individua land to all involved counties . The decision may be appealedunder s . 227.44 by the individual or the county determined tobe responsible.

3. Pending a determination under subd . 2, a county depart-ment which has been providing services to the individual shallcontinue to provide services if necessary to meet the individ-ual's needs . If no county department is currently providingservices, the county in which the client is physically presentshall provide necessary services pending the determination .

4. A determination under subd . 2 may provide for a periodof transitional services to assure continuity of services byspecifying a date until which the county department whichhas been providing services shall continue to do so .

5. The decision of the department under subd . 2 is bindingon the individual and on any county which received notice ofthe proceeding. Except as provided in the determination, thecounty determined to be the county of responsibility shall actas the county of responsibility immediately after receivingnotice of the determination, and during the pendency of anyappeal of the determination that is brought under ch . 227 .His tory : 1987 a. 27 .

87-88 Wis. Stats. 1090Electronically scanned images of the official published statutes.

b. Comprehensive diagnostic and evaluation services, in-cluding assessment as specified under ss. 343.30 (lq) and343.305 (10) and assessments under s . 48.295 (1) .

c. Inpatient and outpatient care and treatment, residentialfacilities, partial hospitalization, emergency care and sup-portive transitional services .

d. Related research and staff in-service training, includingperiodic training on emergency detention procedures under s .51 .15 and emergency protective placement procedures unders. 55 .06 (11), for individuals within the jursidiction of thecounty department of community programs who are autho-rized to take persons into custody under ss . 51 .15 and 55 .06(11). In developing in-service training on emergency deten-tion and emergency protective placement procedures, thecounty department of community programs shall consult thecounty department of developmental disabilities servicesunder s. 51 .437 in counties where these departments areseparate.

e. Continuous planning, development and evaluation ofprograms and services for all population groups .

5. Prepare a local plan which includes an inventory of allexisting resources, identifies needed new resources and ser-vices and contains a plan for meeting the needs of thementally ill, developmentally disabled, alcoholic, drug abus-ers and other psychiatric disabilities for citizens residingwithin the jurisdiction of the county department of commu-nity programs and for persons in need of emergency servicesfound within the jurisdiction of the county department ofcommunity programs . The plan shall also include the estab-lishment of long-range goals and intermediate-range plans,detailing priorities and estimated costs and providing forcoordination of local services and continuity of care .

6. Under the supervision of the county community pro-grams director, using qualified personnel with training orexperience, or both, in mental health, developmental disabili-ties, or in alcoholism and drug abuse, be responsible for theplanning and implementation of programs relating to mentalhealth, developmental disabilities, alcoholism or drug abuse .A single coordinator may be responsible for alcoholism, drugabuse, mental health and developmental disabilitiesprograms .

7. Acknowledge receipt of the notification received unders . 115 .85 (4) .

8. By September 30, submit for inclusion as part of theproposed county budget to the county executive or countyadministrator or, in those counties without a county execu-tive or county administrator, directly to the county board ofsupervisors in a county with a single-county department ofcommunity programs or the county boards of supervisors incounties with a multicounty department of community pro-grams a proposed budget for the succeeding calendar yearcovering services, including active treatment communitymental health center services, based on the plan requiredunder subd . 5 . The proposed budget shall also be submittedto the department of health and social services .

9. Develop the cost of all services which it purchases basedon the standards and requirements of s . 46.036 .

11 . Annually report to the department of health and socialservices regarding the use of any contract entered into unders. 51 .87 .

12. If participating in the program under s . 49 .45 (6),provide case management and payment authorization formedical assistance recipients who need medical day treat-ment, mental health services or alcohol and other drug abuseservices covered under s . 49 .46 (2) as long as a federal waiveris in effect authorizing the department of health and socialservices to restrict free choice of provider . In this subdivision,

"case management" means prior approval for provision ofservices based on appropriateness and cost-effectiveness, andmonitoring provision of services to avoid duplication andoverutilization .

13. Except in an emergency, review and approve or disap-prove all admissions to nursing homes of mentally ill personsunder age 65 who are residents of the county .

(as) Care in other facilities . 1 . A county department ofcommunity programs shall authorize all care of any patient ina state, local or private facility under a contractual agreementbetween the county department of community programs andthe facility, unless the county department of communityprograms governs the facility . The need for inpatient careshall be determined by the program director or designee inconsultation with and upon the recommendation of a li-censed physician trained in psychiatry and employed by thecounty department of community programs or its contractagency. In cases of emergency, a facility under contract withany county department of community programs shall chargethe county department of community programs having juris-diction in the county where the patient is found . The countydepartment of community programs shall reimburse thefacility for the actual cost of all authorized care and servicesless applicable collections under s . 46 .036, unless the depart-ment of health and social services determines that a charge isadministratively infeasible, or unless the department ofhealth and social services, after individual review, determinesthat the charge is not attributable to the cost of basic care andservices . A county department of community programs maynot reimburse any state institution or receive credit forcollections for care received therein by nonresidents of thisstate, interstate compact clients, transfers under s . 51 .35 (3),and transfers from Wisconsin state prisons under s . 51 .37 (5)(a), commitments under s . 971 .14, 971 .17, 975 .01, 1977 stats .,975 .02, 1977 stats ., 975 .06 or admissions under s . 975 .17,1977 stats., or children placed in the guardianship or legalcustody of the department of health and social services unders . 48 .355, 48 .427 or 48.43. The exclusionary provisions of s .46.03 (18) do not apply to direct and indirect costs which areattributable to care and treatment of the client .

2. If a mental health institute has provided a countydepartment of community programs with service, the depart-ment of health and social services shall regularly bill thecounty department of community programs, except as pro-vided under subd. 2m. If collections for care exceed currentbillings, the difference shall be remitted to the county depart-ment of community programs through the appropriationunder s. 20 .435 (2) (gk) . For care provided on and afterFebruary 1, 1979, the department of health and social ser-vices shall adjust collections from medical assistance tocompensate for differences between specific rate scales forcare charged to the county department of community pro-grams and the average daily medical assistance reimburse-ment rate. Payment shall be due from the county departmentof community programs within 60 days of the billing datesubject to provisions of the contract. If any payment has notbeen received within 60 days, the department of health andsocial services shall deduct all or part of the amount from anypayment due from the department of health and socialservices to the county department of community programs .2m. The department of health and social services may bill

the county department of community programs under subd .2 for inpatient services provided on or after October 1, 1987,by a mental health institute for individuals under 21 years ofage or for individuals under 22 years of age who are receivingthe services immediately prior to reaching age 21, only if the

1091 87-88 Wis. Stats. M ENTAL HEALTH ACT 51 .42


person lacks full means of payment, including payment frommedical assistance and other sources .

3. Care, services and supplies provided after December 31,1973, to any person who, on December 31, 1973, was in orunder the supervision of a mental health institute, or wasreceiving mental health services in a facility authorized by s .51 .08 or 51 .09, but was not admitted to a mental healthinstitute by the department of health and social services, shallbe charged to the county department of community programswhich was responsible for such care and services at the placewhere the patient resided when admitted to the institution .The department of health and social services shall bill countydepartments of community programs for care provided at themental health institutes which reflects the estimated per diemcost of specific levels of care, to be adjusted annually by thedepartment of health and social services .

(aw) Powers . 1. Within the limits of state and countyappropriations and maximum available funding from othersources, a county department of community programs mayprovide for the program needs of persons suffering frommental disabilities, including but not limited to mental illness,developmental disability, alcoholism or drug abuse, by offer-ing the following services :

a. Precare, aftercare and rehabilitation and habilitationservices .b. Professional consultation .c. Public informational and educational services .2. A county department of community programs may

allocate services among service recipients to reflect the availa-bility of limited resources .

(b) Other powers and duties . The county board of supervi-sors of any county with a single-county department ofcommunity programs and the county boards of supervisorsof counties with a multicounty department of communityprograms may designate the county department of commu-nity programs as the administrator of any other countyhealth care program or institution, but the operation of suchprogram or institution is not reimbursable under s . 51 .423 .

(bm) Educational services. A county department of com-munity programs may not furnish services and programsprovided by the department of public instruction and localeducational agencies .

(c) Multicounty contract. No grant-in-aid may be madeunder s . 51 .423 to any multicounty department of communityprograms until the counties which established the multi-county department of community programs have drawn up adetailed contractual agreement, approved by the secretary,setting forth the plans for joint sponsorship .

(4) COUNTY COMMUNITY PROGRAMS BOARD. (a) Appoint-ment . 1 . Except as provided under subd . 2, the county boardof supervisors of every county with a single-county depart-ment of community programs or the county boards ofsupervisors in counties with a multicounty department ofcommunity programs shall, before qualification under thissection, appoint a governing and policy-making board to beknown as the county community programs board. A countycommunity programs board appointed under this subdivi-sion shall govern the single-county or multicounty depart-ment of community programs and shall assume all of thepowers and duties of the county department of communityprograms under sub . (3) (ar) to (bm) . A member of a countycommunity programs board appointed under this subdivi-sion may be removed from office under the followingcircumstances :

a. For cause, by a two-thirds vote of each county board ofsupervisors participating in the appointment, on due notice inwriting and hearing of the charges against the member .

b. If the member when appointed was a member of thecounty board of supervisors and the member is not reelectedto that office, on due notice in writing .2 . In any county with a county executive or county

administrator and which has established a single-countydepartment of community programs, the cou nty executive orcounty administrator shall appoint, subject to confirmationby the county board of supervisors, the county communityprograms board, which shall be only a policy-making bodydetermining the broad outlines and principles governing theadministration of programs under this section . A member ofa county community programs board appointed under thissubdivision may be removed by the county executive orcounty administrator under the following circumstances :

a. For cause .b. If the member when appointed was a member of the

county board of supervisors and the member is not reelectedto that office.

(b) Composition . 1 . In a single-county department ofcommunity programs the county community programsboard shall be composed of not less than 9 nor more than 15persons of recognized ability and demonstrated interest in theproblems of the mentally ill, developmentally disabled, alco-holic or drug dependent persons and shall have representa-tion from the interest group of the mentally ill, the interestgroup of the developmentally disabled, the interest group ofthe alcoholic and the interest group of the drug dependent .No more than 5 members may be appointed from the countyboard of supervisors .

2. In a multicounty department of community programs,the county community programs board shall be composed ofI 1 members with 3 additional members for each county in amulticounty department of community programs in excess of2. Appointments shall be made by the county boards ofsupervisors of the counties in a multicounty department ofcommunity programs in a manner acceptable to the countiesin the multicounty department of community programs andshall have representation from the interest group of thementally ill, the interest group of the developmentally dis-abled, the interest group of the alcoholic and the interestgroup of the drug dependent . Each of the counties in themulticounty department of community programs may ap-point to the county community programs board not morethan 3 members from its county board of supervisors.

(d) Term . The term of office of any member of a countycommunity programs board shall be 3 years, but of themembers first appointed, at least one-third shall be appointedfor one year; at least one-third for 2 years ; and the remainderfor 3 years. Vacancies shall be filled for the residue of theunexpired term in the manner that original appointments aremade .

(5) POWERS AND DUTIES OF COUNTY COMMUNITY PROGRAMSBOARD IN CERTAIN COUNTIES. A county community programsboard appointed under sub . (4) (a) 1 shall do a ll of thefollowing:

(a) Establish long-range goals and intermediate-rangeplans, detail priorities and estimate costs .

(b) Develop coordination of local services and continuityof care where indicated .

(c) Utilize available community resources and develop newresources necessary to carry out the purposes of this section .

(d) Appoint a county community programs director, sub-ject to the approval of each county board of supervisorswhich participated in the appointment of the county commu-nity programs board, on the basis of recognized and demon-strated interest in and knowledge of the problems of mentalhealth, developmental disability, alcoholism andd drug addic-

51.42 MENTAL HEALTH ACT 87-88 Wis. Stats. 1092


tion, with due regard to training, experience, executive andadministrative ability, and general qualification and fitnessfor the performance of the duties of the county communityprograms director under sub . (6). The county board ofsupervisors in a county with a single-county department ofcommunity programs or the county boards of supervisors incounties with a multicounty department of community pro-grams may delegate this appointing authority to the countycommunity programs board.

(e) Fix the salaries of the employes of the county depart-ment of community programs, subject to the approval of eachcounty board of supervisors which participated in the ap-pointment of the county community programs board unlesssuch county board of supervisors elects not to review thesalaries .

(f) Prepare a proposed budget for submission to the countyboard and the department of health and social services inaccordance with s. 46 .031 (1) .

(g) Appoint committees consisting of residents of thecounty to advise the county community programs board as itdeems necessary .

(h) Develop county community programs board operatingprocedures .

(i) Comply with state requirements .(j) Assist in arranging cooperative working agreements

with persons providing health, education, vocational or wel-fare services related to services provided under this section .

(k) Evaluate service delivery .(L) Determine, subject to the approval of the county board

of supervisors in a county with a single-county department ofcommunity programs or the county boards of supervisors incounties with a multicounty department of community pro-grams and with the advice of the county community pro-grams director appointed under par . (d), whether services areto be provided directly by the county department of commu-nity programs or contracted for with other providers andmake such contracts . The county board of supervisors in acounty with a single-county department of community pro-grams or the county boards of supervisors in counties with amulticounty department of community programs may electto require the approval of any such contract by the countyboard of supervisors in a county with a single-county depart-ment of community programs or the county boards ofsupervisors in counties with a multicounty department ofcommunity programs .

(m) Administer funds provided under s. 49.45 (6g) inaccordance with s . 49 .45 (6g) (c) .

(5a) POWERS AND DUT IES OF COUNTY COMMUNITY PRO-GRAMS BOARD IN CERTAIN COUNTIES WITH A COUNTY EXECU-TIVE OR COUNTY ADMINISTRATOR . A county community pro-grams board appointed under sub. (4) (a) 2 shall do all of thefollowing :

(a) Appoint committees consisting of residents of thecounty to advise the county community programs board as itdeems necessary.

(b) Recommend program priorities, identify unmet serviceneeds and prepare short-term and long-term plans and budg-ets for meeting such priorities and needs .

(c) Prepare, with the assistance of the county communityprograms director appointed under sub. (6m), a proposedbudget for submission to the county executive or countyadministrator and the department of health and social ser-vices in accordance with s . 46 .031 (1) for authorized services .

(d) Advise the county community programs director ap-pointed under sub. (6m) regarding purchasing and providingservices and the selection of purchase of service vendors, andmake recommendations to the county executive or county

administrator regarding modifications in such purchasing,provid ing and selection .

(e) Develop county communi ty programs board operatingprocedures .

(f) Comply with state requirements .(g) Assist in arranging cooperative working agreements

with persons providing health, education, vocational or wel-fare services related to services provided under this section .

(h) Advise the county community programs director re-gard ing coordinat ion of local services and continuity of care .

(6) POWERS AND DUTIES OF COUNTY COMMUNITY PROGRAMSDIRECTOR IN CERTAIN COUNTIES . A county community pro-grams director appointed under sub . (5) (d) shall have all oft he administrative a nd executive powers and duties of manag-ing, operating, maintaining and improving the programs ofthe county department of community programs, subject tosuch delegation of authority as is not inconsistent with thissection and the rules of the department of health and socialservices promul gated under this section . In consultation andagreement with the county community programs board, thecounty community programs director appointed under sub .(5) (d) shal l do all of the follow i ng :

(a) Prepare an annual comprehensive plan and budget ofall funds necessary for the program and services authorizedby this section in which priorities and objectives for the yearare estab lished as well as any modifications of long-rangeobjectives.

(b) Prepare intermediate-range plans .(c) Prepare an annual report of the operation of the

program .(d) Prepare other reports as are required by the secretary

and the county board of supervisors in a county with a single-county department of community programs or the countyboards of supervisors in counties with a multicounty depart-ment of community programs .

(e) Make recommendations to the county communityprograms board under sub . (5) for all of the following :

1 . Personnel and the salaries of employes .2 . Changes in pr ogram se rvi ces.(fl After consultation with the county community pro-

grams board, administer the duties of the county departmentof community programs under sub. (3) (aw) 2 .

(g) Comply with state requirements .(6m) COUNTY COMMUNITY PROGRAMS DIRECTOR IN CERTAIN

COUNTIES WITH A COUNTY EXECUTIVE OR COUNTY ADMINISTRA-TOR . In any county with a county executive or countyadministrator in wh ich the county board of supervisors hasestablished a single-county department of community pro-grams, the county executive or county admi nistrator shallappoint and supervise the county community programs di-rector. In any county with a population of 500,000 or more,the county executive or county administrator shall appointeither the director of the depa rtment that administers thehealth and human services programs or a department headunder s. 46.21 as the county community programs director.The appointment of a county community programs directorunder this subsection shall be on the basis of recognized anddemonstrated interest in and knowledge of the problems ofmental health, mental retardation, alcoholism and drug ad-diction, with due regard to training, experience, executive andadministrative ability, and general qualification and fitnessfor the performance of the duties of the director . Theappointment of a county community programs directorunder this subsection is subject to confirmation by the countyboard of supervisors unless the county board of supervisors,by ordinance, elects to waive confirmation or unless theappointment is made under a civil service system competitive



examination procedure established under s . 59 .07 (20) or ch .63. The county community programs director, su bject on lyto the supervision of the county executive or county adminis-trator, shall :

(a) Supervise and administer any program establishedunder this section, subject to such delegation of authority as isnot inconsistent with this section and the rules of the depart-ment of health and socia l services promulgated under thissection .

(b) Determine administrative and program procedures .(c) Determine, subject to the approval of the county board

of supervisors and with the advice of the county communityprograms board, whether serv ices are to be provided directlyby the county department of community programs or con-tracted for with other providers and make such contracts .The county board of supervisors may elect to require theapproval of any such contract by the county board ofsupervisors .

(e) Assist the county community programs board undersub. (5a) in the preparation of the proposed budget requiredunder sub . (5a) (c) .

(f) Make recommendations to the county executive orcounty administrator regarding modifications to the pro-posed budget prepared by the county community programsboard under sub . (5a) (c) .

(g) Evaluate service delivery .(h) After consultation with the county community pro-

grams board under sub . (5a), administer the duties of thecounty department of community programs under sub . (3)(aw) 2 .

(i) Establish salaries and personnel po li cies of the pro-grams of the county department of community programssubject to approval of the county executive or county admin-istrator and county board of supervisors unless the countyboard of supervisors elects not to review the salaries andpersonnel policies .

(j) Perform other functions necessary to manage, operate,maintain and improve programs .

(k) Comply with state requirements .(L) Utilize avai l able community resources and develop

new resources necessary to carry out the purposes of thissectio n .

(m) In consultation with the county community programsboard under sub . (5a), prepare :

1 . Intermediate-range plans and budget .2. An annual report of the operation of the county depart-

ment of community programs .3. Such other reports as are required by the secretary and

the county board of supervisors .(n) Provide for coordination of local services and con-

tinuity of care .(o) Administer funds provided under s . 49.45 (6g) in

accordance with s. 49 .45 (6g) (c).(7) DUTIES OF THE DEPARTM ENT OF HEALTH AND SOCIAL

SERVICES. (a) The department of health and social servicesshall :

1 . Review requests and certify county departments ofcommunity programs to assur e that those county depart-ments are in compliance with this section .

2. Periodically review and evaluate county departments ofcommunity programs to assure compliance with this sect ion .Such review shall include a periodic assessment of need whichshall separately identify elements of service required underthis section .

3. Provide consultative staff services to communities toassist in ascertaining local needs and in planning, estab l ishingand operating programs .

51 .421 Community support programs . (1) PURPOSE. Inorder to provide the least restrictive and most appropriatecare and treatment for persons with chronic mental illness,


4. Develop and implement a uniform cost reporting systemaccording to s . 46 .18 (8) to (10) .

5. Ensure that county departments of community pro-grams that elect to provide special education programs tochildren aged 3 years and under comply with requirementsestablished by the department of public instruction .

(b) The secretary shall promulgate rules which do all of thefollowing :

1 . Govern the administrative structure deemed necessaryto administer community mental health , developmental disa-bilities, alcoholism and drug abuse services .

2. Establish uniform cost record-keeping requirements .3 . Prescribe standards for qualifications and salaries of

personnel .4. Prescribe standards for quality of professional services .5 . Prescribe requirements for in-service and educational

leave programs for personnel .6. Prescribe standards for establishing patient fee

schedules .7 . Govern eligibility of patients to the end that no person is

denied service on the basis of age, race, color , creed, locationor inability to pay .

8 . Prescribe such other standards and requirements as maybe necessary to carry out the purposes of this section .

(8) CONSTRUCTION. (a) Any reference in any law to acounty department of community programs applies to acounty department under s . 46 .23 in its administration of thepowers and duties of the county department of communityprograms under s . 46 .23 (3) (b) .

(b) 1 . Any reference in any law to a county communityprograms director appointed under sub . (5) (d) applies to thedirector of a county department appointed under s . 46 .23 (5)(f) in his or her administration of the powers and duties ofthat county community programs director .

2. Any reference in any law to a county communityprograms director appointed under sub . (6m) (intro .) appliesto the director of a county department appointed under s .46.23 (6m) (intro .) in his or her administration of the powersand duties of that county community programs director .

(c) 1 . Any reference in any law to a county communityprograms board appointed under sub. (4) (a) 1 applies to theboard of a county department appointed under s . 46 .23 (4) (b)1 in its administration of the powers and duties of that countycommunity programs board .

2. Any reference in any law to a county communityprograms board appointed under sub. (4) (a) 2 applies to theboard of a county department appointed under s . 46 .23 (4) (b)2 in its administration of the powers and duties of that countycommunity programs board .

History: 1971 c. 125; 1973 c. 90, 198, 333, 336; 1975 c. 39, 198, 199, 224,422; 1975 c. 428 s . 16 ; 1975 c. 430 ss . 24 to 31, 80; 1977 c. 26 ss . 37, 38, 75 ; 1977c. 29 ss. 612 to 623p, 1656 (18) ; 1977 c. 193 ; 1977 c . 203 s . 106 ; 1977 c. 272 ; 1977c. 354 s . 101 ; 1977 c . 418, 428, 447 ; 1979 c . 34, 117, 177, 221 , 330, 355 ; 1981 c.20 ss. 923 to 942, 2202 (20) (d), (n), ( q) ; 1981 c . 93 ss . 105 to 122, 186 ; 1981 c.329; 1983 a . 27 ss . 1106 to 1112, 2202 (20) ; 1983 a . 1 89 ss. 44, 329 (5); 1983 a.192, 239, 365, 375, 524 ; 1985 a. 29, 120, 176; 1987 a . 3, 27, 199, 339, 366 .

Members of a county board appointed to a unified board, created under (4)(b) serve for the full term for which appointed, without reference to the termi-nation of their office as county board members . 63 Atty . Gen . 203 .

See note to 59.07, citing 63 Atty. Gen . 468 .Liability, reimbursement and collection for services provided under 51 .42

and 51 .437 programs discussed . 63 Atty. Gen . 560, 65 Atty . Gen . 49 .See note to 51 .437, citing 69 Atty . Gen . 128.Menominee Tribe members are eligible to participate in voluntary pro-

grams but state cannot accept tribe members into involuntary programs onbasis of tribal court orders alone . 70 Atty. Gen . 219 .

See note to 51 .437, citing 73 . Atty. Gen . 8 .County health facility may not charge for non-medical assistance services

given to medical assistance patients in excess of medical assistance rates with-out violating 49.49 . 73 Atty . Gen. 68 .


allocated by the department to county departments under s .51.42 or 51 .437 in the manner set forth in this section .

(2) From the appropriations under s . 20 .435 (4) (b) and (o),the department shall allocate the funding for services pro-vided or purchased by county departments under s . 46 .23,51.42 or 51 .437 to such county departments as providedunder s . 46 .40. County matching funds are required for theallocations under s . 46.40 (1), (2), (5) to (9) and (11) . BeforeJanuary 1, 1988, the ratio of state and federal funds to countymatching funds shall equal 91 to 9 . Beginning January 1,1988, each county's required match for a year equals 9 .89%of the total of the county's allocations for that year for whichmatching funds are required plus the amount the county wasrequired by s . 46 .26 (2) (c), 1985 stats ., to spend forr juveniledelinquency-related services from its allocation for 1987 .Matching funds may be from county tax levies, federal andstate revenue sharing funds or private donations to thecounties that meet the requirements specified in sub . (5) .Private donations may not exceed 25% of the total countymatch. If the county match is less than the amount requiredto generate the full amount of state and federal fundsallocated for this period, the decrease in the amount of stateand federal funds equals the difference between the requiredand the actual amount of county matching funds .

(3) (a) In this subsection, "community support programs"means community support programs for the developmentallydisabled and the chronically mentally ill, including programsassociated with federal housing and urban developmentprojects .

(b) From the funds allocated under sub. (2), except fundsallocated for community support programs on a one-timebasis, the department shall do all of the following :

1 . In calendar years 1984 and 1985, allocate for communitysupport programs an amount equal to the amount that fundsallocated for community support programs in calendar year1982 were increased above those allocated in calendar year1981 for community support programs .

2. In calendar years 1984, 1985 and 1986, allocate forcommunity support programs an amount equal to theamount that funds allocated for community support pro-grams in calendar year 1983 were increased above thoseallocated in calendar year 1982 for community supportprograms .

3. Beginning in calendar year 1984, allocate for communitysupport programs, in the current calendar year and in each ofthe 3 consecutive calendar . years immediately following, anamount equal to the amount that funds allocated for commu-nity support programs in the current calendar year areincreased above those allocated in the preceding calendaryear for community support programs .

(4) The department shall prorate the amount allocated toany county department under sub . (2) to reflect actual federalfunds available.

(5) (a) A private donation to a county may be used tomatch the state grant-in-aid under s . 49 .52 (1) (d) or undersub. (2) only if the donation is both of the following :

1 . Donated to a county department under s. 46 .215, 46 .22,51 .42 or 51 .437 and the donation is under the administrativecontrol of such county department.

2. Donated without restrictions as to use, unless therestrictions specify that the donation be used for a particularservice and the donor neither sponsors nor operates theservice .

(b) Voluntary federated fund-raising organizations are notsponsors or operators of services within the meaning of par .(a) 2. Any member agency of such an organization thatsponsors or operates services is deemed an autonomous

51 .423 Grants-in-aid . (1) T he department shall fund, with i nthe limits of the department's allocation for mental healthservices under s . 20 .435 (4) (b) and (o) and subject to thissection, services for mental illness, developmental disability,alcoholism and drug abuse to meet standards of servicequality and accessibility . The department's primary responsi-bility is to guarantee that county departments establishedunder either s . 51 .42 or 51 .437 receive a reasonably uniformminimum level of funding and its secondary responsibility isto fund programs which meet exceptional community needsor provide specialized or innovative services . Moneys appro-priated under s . 20 .435 (4) (b) and earmarked by the depart-ment for mental health services under s . 20 .435 (4) (o) shall be

1095 87-88 Wis . Stats .

community support programs should be available in all partsof the state . In order to integrate community supportprograms with other long-term care programs, communitysupport programs shall be coordinated, to the greatest extentpossible, with the community options program under s .46.27, with the protective services system in a county, with themedical assistance program under ss . 49 .43 to 49.47 and withother care and treatment programs for persons with chronicmental illness.

(2) SERVICES . If funds are provided, and within the limits ofthe availability of funds provided under s . 51 .423 (2), eachcounty department under s . 51 .42 shall establish a commu-nity support program . Each community support programshall use a coordinated case management system and shallprovide or assure access to services for persons with chronicmental illness who reside within the community. Servicesprovided or coordinated through a community support pro-gram shall include assessment, diagnosis, identification ofpersons in need of services, case management, crisis interven-tion, psychiatric treatment including medication supervision,counseling and psychotherapy, activities of daily living,psychosocial rehabilitation which may include services pro-vided by day treatment programs, client advocacy includingassistance in applying for any financial support for which theclient may be eligible, residential services and recreationalactivities . Services shall be provided to an individual basedupon his or her treatment and psychosocial rehabilitationneeds .

(3) DEPARTMENTAL DUTIES . The department shall :(a) Promulgate rules establishing standards for the provi-

sion of community support programs by county departmentsunder s . 51 .42. The department shall establish standards thatensure that providers of services meet federal standards forcertification of providers of community support programservices under the medical assistance program, 42 USC 1396to 1397e . The department shall develop the standards inconsultation with representatives of county departmentsunder s. 51.42, elected county officials and consumeradvocates .

(b) Ensure the development of a community supportprogram in each county through the provision of technicalassistance, consultation and funding .

(c) Monitor the establishment and the continuing opera-tion of community support programs and ensure that com-munity support programs comply with the standards promu l-gated by rule. The department shall ensure that the personsmonitoring community support programs to determine com-pliance with the standards are persons who are knowledgea-ble about treatment programs for persons with chronicmental illness .

(d) Develop and conduct training programs for commu-nity support program staff.History: 1983 a . 4 4 1 ; 1985 a. 120, 176; 1987 a . 27, 368.



entity separate from the organization unless the board mem-bership of the organization and the agency interlock .

(6) The county allocation to match aid increases shall beincluded in the contract under s . 46 .031 (2g) and approved byJanuary 1 of the year for which the funds are allocated, inorder to generate state aid matching funds . All fundsallocated under sub . (2) shall be included in the contractunder s . 46 .03 1 (2g) and approved .

(7) Each county department under either s . 51.42 or51.437, but not both, shall be treated, for the purpose of thissection only, as unified with any other county departmentestablished in its jurisdiction under either s . 51 .42 or 51 .437and shall receive an amount determined under sub . (2) .

(9) If the funds appropriated under s . 20 .435 (4) (b) for anyfiscal year are insufficient to provide county departmentswith the sums calculated under subs . (1) to (7), the appropria-tion shall be allocated among county departments in propor-tion to the sums they would receive under subs . (1) to (7) .

(10) Each county department which is eligible under thestate plan for medical assistance shall obtain a medicalassistance provider number and shall bill for all eligibleclients . A county department operating an inpatient facilityshall apply for a special hospital license under s . 50 .33 (2) (c) .Under powers delegated under s . 46.10 (16), each countydepartment shall retain 100% of all collections it makes andits providers make for care other than that provided orpurchased by the state .

(11) Each county department under s . 51 .42 or 51 .437, orboth, shall apply all funds it receives under subs . (1) to (7) toprovide the services required under ss . 51 .42, 51 .437 and51.45 (2) (g) to meet the needs for service quality andaccessibility of the persons in its jurisdiction, except that thecounty department may pay for inpatient treatment only withfunds designated by the department for inpatient treatment .The county department may expand programs and serviceswith county funds not used to match state funds under thissection subject to the approval of the county board ofsupervisors in a county with a single-county department orthe county boards of supervisors in counties with multi-county departments and with other local or private fundssubject to the approval of the department and the countyboard of supervisors in a county with a single-county depart-ment under s . 51 .42 or 51 .437 or the county boards ofsupervisors in counties with a multicounty department unders. 51 .42 or 51 .437. The county board of supervisors in acounty with a single-county department under s . 51 .42 or51 .437 or the county boards of supervisors in counties with amulticounty department under s . 51 .42 or 51 .437 may dele-gate the authority to expand programs and services to thecounty department under s . 51 .42 or 51 .437. The countydepartment under s . 51 .42 or 51 .437 shall report to thedepartment all county funds allocated to the county depart-ment under s . 51 .42 or 51 .437 and the use of such funds .Moneys collected under s . 46 .10 shall be applied to cover thecosts of primary services, exceptional and specialized servicesor to reimburse supplemental appropriations funded bycounties. County departments under ss . 51 .42 and 51 .437shall include collections made on and after October 1, 1978,by the department that are subject to s . 46.10 (8m) (b) and (c)and are distributed to county departments under ss . 51 .42and 51 .437 under s. 20.43 5 (4) (gg), as revenues on their grant-in-aid expenditure reports to the department .

(12) The department may not provide state aid to anycounty department under s . 51 .42 or 51.437 for excessiveinpatient treatment. For each county department under ss .5 1 .42 and 51 .437 in each calendar year, sums expended forthe 22nd and all subsequent average days of care shall be

51 .437 Developmental disabilities services . (1) DEFINI-TION. In this section, "services" means specialized services orspecial adaptations of generic services directed toward theprevention and alleviation of a developmental disability ortoward the social, personal, physical or economic habilitationor rehabilitation of an individual with such a disability, andincludes diagnosis, evaluation, treatment, personal care, daycare, domiciliary care, special living arrangements, training,sheltered employment, protective and other social and socio-legal services, foll ow-along services and transportation ser-vices necessary to assure delivery of services to individualswith developmental disabilities .

(4) RES PONS IBI LI TY OF COUNTY GOVERNMENT. (a) Thecounty board of supervisors has the primary governmentalresponsibility for the well-being of those developmentallydisabled citizens residing within its county and the families ofthe developmentally disabled insofar as the usual resultantfamily stresses bear on the well-being of the developmentallydisabled citizen .

(c) County liability for care and services purchasedthrough or provided by a county department of developmen-tal disabilities services established under this section shall bebased upon the client's county of residence except for emer-gency services for which liability shall be placed with thecounty in which the individual is found.. For the purpose ofestablishing county liability, "emergency services" meansthose services provided under the authority of s . 51 .15, 55 .05(4) or 55.06 (11) (a) . Nothing in this paragraph preventsrecovery of liability under s . 46.10 or any other statutecreating liability upon the individual receiving a service orany other designated responsible party .

(4g) COUNTY DEPARTMENT OF DEVELOPMENTAL DISABILITIESSERVICES ESTABLISHED ; INTEGRATION OF SERVICES. (a) Exceptas provided under par . (b) and s . 46 .23 (3) (b), every countyboard of supervisors shall establish a county department ofdevelopmental disabilities services on a single-county ormulticounty basis to furnish services within its county . Adja-cent counties, lacking the financial resources and professionalpersonnel needed to provide or secure such services on asingle-county basis, may and shall be encouraged to combinetheir energies and financial resources to provide these jointservices and facilities with the approval of the department ofhealth and social services . The county department of devel-opmental disabilities services shall consist of a county devel-opmental disabilities services board, a county developmentaldisabilities services director and necessary personnel .

51 .423 MENTAL HEALTH ACT 87-88 Wis. Stats . 1096

deemed excessive inpatient treatment . No inpatient treat-ment provided to children, adolescents, chronically mentallyill patients, patients requiring specialized care at a mentalhealth institute, or patients at the centers for the developmen-tally disabled may be deemed excessive . If a patient isdischarged or released and then readmitted within 60 daysafter such discharge or release from an inpatient facility, thenumber of days of care following readmission shall be addedto the number of days of care before discharge or release forthe purpose of calculating the total length of such patient'sstay in the inpatient facility .

(15) Funds allocated under this section and recovered fromaudit adjustments from a prior fiscal year may be included insubsequent certifications only to pay counties owed funds asa result of any audit adjustment . By June 30 of each year thedepartment shall submit to the chief clerk of each house of thelegislature, for distribution to the appropriate standing com-mittees under s . 13 .172 (3), a report on funds recovered andpaid out during the previous calendar year as a result of auditadjustments.

History : 1985 a . 176 ss. 452 to 454, 456 to 461, 463, 466 ; 1987 a. 27, 186 .


succeeding calendar year covering services, including activetreatment community mental health center services, based onthe plan required under s . 51 .42 (3) (ar) 5 . The proposedbudget shall also be submitted to the department of healthand soci al services .

(k) Develop the cost of all services which it purchases basedon the standards and requirements of s . 46.036 .

(L) Except in an emergency, review and approve or disap-prove a ll admissions to nursing homes of persons w ith adevelopmental disability who are residents of the county .

(4r) POWERS OF COUNTY DEPARTMENT OF DEVELOPMENTAL

DISABILITIES SERVICES . A county department of developmen-tal disabilities services :

(a) May not furnish services and programs provided by thedepartment of public instruction and local educationalagencies .

(b) May allocate services among service recipients toreflect the availability of limited resources .

(4rm) COST OF SERVICES . (a) A county department ofdevelopmental disabilities services shall authorize all care ofany patient in a state, local or private facility under acontractual agreement between the county department ofdevelopmental disabilities services and the-facility, unless thecounty department of developmental disabiliti es servicesgoverns the facility. The need for inpatient care shall bedetermined by the program director or designee in consulta-tion with and upon the recommendation of a licensed physi-cian trained in psychiatry and employed by the countyydepartment of developmental disabilities services or its con-tract agency prior to the admission of a patient to the facilityexcept in the case of emergency services . In cases of emer-gency, a facility under contract with any county departmentof developmental disabilities services shall charge the countydepartment of developmental disabilities services having ju-risdiction in the county where the individual receiving care isfound. The county department of developmental disabilitiesservices shall reimburse the facility for the actual cost of allauthorized care and services less applicable collections unders . 46 .036, unless the department of health and social servicesdetermines that a charge is administratively infeasible, orunless the department of health and social services, afterindividual review, determines that the charge is not attributa-ble to the cost of basic care and services . The exclusionaryprovisions of s . 46 .03 (18) do not apply to direct and indirectcosts which are attributable to care and treatmentof theclient. County departments of developmental disabilitiesservices may not reimburse any state institution or receivecredit for collections for care received therein by nonresidentsof this state, interstate compact clients, transfers under s .51 .35 (3) (a), commitments under s . 971 . 1 4, 971 . 1 7, 975 .01,1977 stats., 975 .02, 1977 stats ., 975 .06, admissions under s .975.17, 1977 stats., or children placed in the guardianship orlegal custody of the department of health and social servicesunder s . 48 .355, 48 .427 or 48.43 .

(b) If any of the county developmental disabilities servicesauthorized under par . (a) are provided by any of the institu-tions specified in s . 46 .10, the costs of such services shall besegregated from the costs of residential care provided at suchinstitutions . The uniform cost record-keeping system estab-lished under s . 46.18 (8) to (10) shall provide for suchsegregation of costs .

(c) I f a center for the developmentally disabled has pro-vided a county department of developmental disabilitiesservices under this section with service, the department ofhealth and social services sha ll:

1 . Regularly bill the county department nf developmentaldisabilities services for services provided prior to January 1,

(b) A county board of supervisors may transfer the powersand duties of a county department of developmental disabili-ties services under this section to a county department unders . 51 .42, which shall act under s . 51 .42 (3) (ar) 3 .

(c) In counties having a population of 500,000 or more, thecounty board of supervisors shall integrate day care pro-grams for mentally retarded persons and those programs forpersons with other deve lopmental disabilities into the countydevelopmental disabilities program and shall appoint a direc-tor to administer the overall services program .

(4m) DUTIES OF COUNTY DEPARTMENT OF DEVELOPMENTALDISABILITIES SERVICES . A county department of developmen-tal disabilities services shall do al l of the following :

(a) Within the limits of available state and federal fundsand of county funds appropriate to match state funds,establish a county developmental disabilities services pro-gram. Such services shall be provided either directly or bycont ract .

(b) Develop, approve and modify on a continuing basis asingle-county or multicounty plan for the delivery of services,including the construction of facilities, to those citizensaffected by developmental disabilities . The purpose of theplan shall be to ensure the delivery of needed services and theprevention of unnecessary duplication, fragmentation of ser-vices and waste of resources . Plans shall include, to the fullestextent possible, participation by existing and planned agen-cies of the state, counties, municipalities, school districts andall other public and private agencies as are required to, ormay agree to, participate in the delivery of services . The planshal l, to the fullest extent possible, be coordinated with andintegrated into plans developed by regional comprehensivehealth planning agencies .

(c) Provide continuing counsel to public and private agen-cies as well as other appointed and elected bodies within thecounty .

(d) Establish a program of citizen information and educa-tion concerning the problems associated with developmentaldisabilities .

(e) Establish a fixed point of referral within the communityfor developmentally disabled persons and their families .

(t) Enter into contracts to provide or secure services fromother agencies or resources including out-of-state agencies orresources. Notwithstanding ss . 59 .07 (44), 59 .456 and 59 .47,any multicounty department of developmenta l disabilitiesservices may contract for professional legal services that arenecessary to carry out the duties of the multicounty depart-ment of developmental disabilities services if the corporationcounsel of each county of the multicounty department ofdevelopmental disabilities services has notified the multi-county department of developmental disabilities services thathe or she is unable to provide such services in a timelymanner.

(g) Acknowledge receipt of the notification received unders . 115 .85 (4) .

(h) Submit proposed budgets under s. 46.031 (1) forfunding under s. 51.423 .

(i) Annually report to the department of health and socialservices regarding the use of any contract entered into unders . 51 .87 .

(j) By September 30, submit for inclusion as part of theproposed county budget to the county executive or countyadministrator or, in those counties without a county execu-tive or county administrator, directly to the county board ofsupervisors in a county with a single-county department ofdevelopmental disabiliti es services or the county boards ofsupervisors in counties with a multicounty department ofdevelopmental disabilities services a proposed budget for the

1097 8 7 -88 Wis . Stats . MENTAL HEALTH ACT 51 .437


3. Establish by rule a process for appealing determinationsof the independent professional review that result in billingsunder subd . 2 . b.

(7) COUNTY DEVELOPMENTAL DISABILITIES SERVICES BOARD .

(a) Appointments . 1 . Except as provided under subd . 2, thecounty board of supervisors in a county with a single-countydepartment of developmental disabilities services or theecounty boards of supervisors in counties with a multicountydepartment of developmental disabilities services sha l l,before qualification under this section, appoint a countydevelopmental disabi lit ies services board . A county develop-mental disabilities services board appointed under this subdi-vision shall govern the single-county or multicounty depart-ment of developmental disabilities services . A member of acounty developmental disabilities services board appointedunder this s ubdivision may be removed from office for causeby a two-thirds vote of the appointing authority, on duenotice in writing and hearing of the charges against themember .

2. In any county with a county executive or countyadministrator and which has established a single-countydepartment of developmental disabilit ies services, the countyexecutive or county administrator shall appoint, subject toconfirmation by the county board of supervisors, the countydevelopmenta l disabilities services board, which shall be onlya po licy-making body determining the broad outlines andprinciples governing the administration of p rograms underthis section. A member of the county developmental disabili-ties services board appointed under this subdivision may beremoved by the county executive or county administrator forcause .

(am) Composition . 1 . I n a single-county department ofdevelopmental disabilities services, the county developmentaldisabilities services board shall be composed of not less than 9nor more than 15 persons of recognized ability and demon-strated interest in the problems of the developmentally dis-abled but not more than 3 members shall be appointed fromthe county board of supervisors .

2. In a multicounty department of developmental disab ili-ties services, the county developmental disabilities servicesboard shall be composed of 11 members and with 2 addi-tional members for each county in a multicounty departmentof developmental disabilities services in excess of 2 . Appoint-ments shall be made by the county boards of supervisors ofthe counties in a multicounty department of developmentaldisabilities serv ices in a manner acceptable to the counties inthe multicounty department of developmental disabilitiesservices, but each of the counties in the multicounty depart-ment of developmental disabilities services may appoint only2 members from its county board of supervisors .

3. At least one-third of the members of every countydevelopmental disabilities services board serving at any onetime shall be appointed from the developmentally disabledciti zens or their parents residing in a county with a single-county department of development disabilities services or inany of the counties with a multicounty department of devel-opmenta l disabili ties services .

(b) Terms . Appointments to the county developmentaldisabilities services board shall be for staggered 3-year terms .Vacancies shall be filled for the residue of the unexpired termin the manner that original appointments are made .

(9) POWERS AND DUTIES OF COUNTY DEVELOPMENTAL DISA-

BILITIES SERVICES BOARD IN CERTAIN COUNTIE S . A county de-velopmental disabilities services board appointed under sub .(7) (a) 1 shall do all of the following :

(a) Appoint a county deve lopmenta l d isabilities servicesdirector, subject to the approval of each county board of

1982. If collections for care received by the department ofhealth and social services prior to January 1, 1982, exceedcurrent billings, the difference shall be remitted to the countydepartment of developmental disabilities services through theappropriation under s . 20 .435 (2) (gk) . If billings for thequarter ending December 31, 1981, exceed collections forcare received by the department of health and social servicesduring the quarter ending December 31, 1981 ; collections forcare provided prior to January 1, 1982, shall be remitted tothe county department of developmental disabilities servicesthrough the appropriation under s . 20 .435 (2) (gk), up to thelevel of the net amount billed the county department ofdevelopmental disabilities services for the quarter endingDecember 31, 1981 . Under this section, collections on orafter January 1, 1976, from medical assistance shall be theapproved amounts listed by the patient on remittance advicesfrom the medical assistance carrier, not including adjust-ments due to retroactive rate approval and less any refunds tothe medical assistance program. For care provided on andafter January 1, 1978, the department of health and socialservices shall adjust collections from medical assistance tocompensate for differences between specific rate scales forcare charged to the county department of developmentaldisabilities services and the average daily medical assistancereimbursement rate. Payment shall be due from the countydepartment of developmental disabilities services within 60days of the billing date subject to provisions of the contract .If any payment has not been received within 60 days, thedepartment of health and social services shall deduct all orpart of the amount due from any payment due from thedepartment of health and social services to the county depart-ment of developmental disabilities services .

2 . a . Bill the county department of developmental disabili-ties services for services provided on or after January 1, 1982,to persons ineligible for medical assistance benefits and wholack other means of full payment, using the procedureestablished under subd . L

b. Bill the county department of developmental disabilitiesservices for services provided on or after January 1, 1982, at10% of the rate paid by medical assistance, excluding anyretroactivee rate adjustment, if an independent professionalreview established under 42 USC 1396a (a) (31) designates theperson appropriate for community care . The department ofhealth and social services shall use money it receives from thecounty department of developmental disabilities services tooffset the state's share of medical assistance . Payment is duefrom the county department of developmental disabilitiesservicess within 60 days of the billing date, subject to provi-sions of the contract . If the department of health and socialservices does not receive any payment within 60 days, it shalldeduct all or part of the amount due from any payment thedepartment of health and social services is required to maketo the county department of developmental disabilities ser-v ices . The department of health and social services shall firstuse collections received under s . 46 .10 as a result of care at acenter for the developmentally disabled to reduce the costspaid by medical assistance, and shall remit the remainder tothe county department of developmental disabilities servicesup to the portion billed . The department of health and socialservices shall use the appropriation under s . 20 .435 (2) (gk) toremit collection credits and other appropriate refunds tocounty : departments of developmental disabilities services .

c. Regularly provide the county department of develop-mental disabilities services with a list of persons who areeligible for medical assistance benefits and who are receivingcare in a center for the developmentally disabled .



supervisors which participated in the appointment of thecounty developmental disabil ities services board, establishsalaries and personnel policies for the county department ofdevelopmental disabilities services subject to the approva l ofeach such county board of supervisors and arrange andpromote local financial support for the program . Eachcounty board of supervisors in a county with a single-countydepartment of developmental disabilities services or thecounty boards of supervisors in counties with a mu lticountydepartment of developmental disabilities services may dele-gate such appointing authority to the county deve l opmentaldisabilities services board .

(am) Prepare a local plan which includes an inventory of allexisting resources, identifies needed new resources and ser-vices and contains a plan for meeting the needs of develop-mentally disabled individuals based upon the services desig-nated under sub. (1) . The plan shall also include theestablishment of long-range goals and intermediate-rangeplans, detailing priorities and estimated costs and providingfor coordination of local services and continuity of care .

(b) Assist in arranging cooperative working agreementswith other health, educational, vocational and we l fare ser-vices, public or private, and with other related agencies .

(d) Comply with the state requirements for the program .(e) Appoint committees consisting of residents of the

county to advise the county developmental disabilities ser-vices board as it deems necessary.

(f) Develop county developmental disabilities servicesboard operating procedures .

(g) Determine, subject to the approval of the county boardof supervisors in a county with a single-county department ofdevelopmental disabilities services or the county boards ofsupervisors in counties with a multicounty department ofdevelopmental disabilities services and with the advice of thecounty developmental disabilities services director appointedunder par. (a), whether services are to be provided d irectl y bythe county department of developmental disabilities servicesor contracted for with other providers and make such con-tracts . The county board of supervisors in a county with asingle-county department of developmental disabilities ser-vices or the county boards of supervisors in counties with amulticounty department of developmental disabilities ser-vices may elect to require the approval of any such contractby the county board of supervisors in a county with a single-county department of developmental disabilities services orthe county boards of supervisors in counties with a multi-county department of developmental disabiliti es services .

(h) Assume the powers and duties of the county depart-ment of developmental disabilities services under subs . (4m)and (4r) .

(i) 1 . Annually identify brain-injured persons in need ofservices within the county .

2 . Annually, no later than January 30, 1987, and January30 of each year thereafter, report to the department the ageand location of those brain-injured persons who are receivingtreatment .

(9b) POWERS AND DUTIES O F COUNTY DEVELOPMENTAL DISA-BILITIES SERVICES BOARD IN CERTAIN COUNTIES WITH A COUNTYEXECUTIVE OR A COUNTY ADMINISTRATOR . The county devel-opmental disabilities services board appointed under sub . (7)(a) 2 shall:

(a) Appoint committees consisting of residents of thecounty to advise the board as it deems necessary.

(am) Prepare a local plan which includes an inventory of allexisting resources and serv i ces and contains a plan formeeting the needs of developmentally disabled individualsbased upon the services designated under sub. (1) .

1099 87-88 Wis . St ats . MENTAL HEALTH ACT 51 .437

(b) Recommend program priorities, identify unmet serviceneeds and prepare short-term and long-term plans and budg-ets for meeting such priorities and needs .

(c) Prepare, with the assistance of the county developmen-tal disabilities director appointed under sub. (lOm), a pro-posed budget for submission to the county executive orcounty administrator and the department of health and socialservices under s . 46.031 (1) for authorized services .

(d) Advise the county developmental disabilities servicesdirector appointed under sub. (lOm) regarding purchasingand providing services and the selection of purchase of servicevendors, and make recommendations to the county executiveor county administrator regarding modifications in suchpurchasing, providing and selection.

(e) Develop county developmental disabilities servicesboard operating procedures .

(f) Comply with state requirements .(g) Assist in arranging cooperative working agreements

with persons providing health, education, vocational or wel-fare services related to serv ices provided under this section .

(h) Advise the county developmental disab ilities servicesdirector regarding coordination of local services and con-tinuity of care.

( 10) COUNTY DEVELOPMENTAL DISABILIT I ES SERVICES DIREC-TOR IN CERTAIN COUNTIES . The county developmental disabil-ities services director appointed under sub . (9) (a) shall :

(am) Operate, maintain and improve the county depart-ment of developmental disabilities services .

(ar) With the county developmental disabilities servicesboard under sub. (9), prepare :

1 . An annual proposed budget of all funds necessary forthe program and services authorized by this section .

2. An annual report of the operation of the program .3 . Such other reports as are required by the department of

health and social services and the county board of supervisorsin a county with a single-county department of developmen-tal disabilities services or the county boards of supervisors incounties with a multicounty department of developmentaldisabilities services .

(b) Make recommendations to the county developmentaldisabilities services board under sub . (9) for:

1 . Personnel and salaries .2. Changes in the program and services .(c) Evaluate service delivery .(d) After consultation with the county developmental

disabilities servi ces board administer the duties of the countydepartment of disabilities services under sub . (4r) (b) .

(e) Comply with state requirements .(lOlYl ) COUNTY DEVELOPMENTAL DISABILITIES SERVICES D I-

RECTOR IN CERTAIN COUNTIES WITH A COUNTY EXECUTIVE ORCOUNTY ADMINISTRATOR . In any county wit h a county execu-tive or a county administrator in which the county board ofsupervisors has established a single-county department ofdevelopmental disabilities services, the county executive orcounty administrator shall appoint and supervise the countydevelopmental disabilities services director. The appoint-ment is subject to confirmation by the county board ofsupervisors unless the county board of supervisors, by ordi-nance, elects to waive confirmation or unless the appoint-ment is made under a civil service system competitive exami-nation procedure established under s . 59 .07 (20) or ch . 63 .The county developmental disabilities services director, sub-ject only to the supervision of the county executive or countyadministrator, shal l:

(a) Supervise and administer any program establishedunder this section .

(b) Determine administrative and program procedures .


(a) Maintain a listing of present or potential resources forserving the needs of the developmentally disabled, includingprivate and public persons, associations and agencies .

(b) Collect factual information concerning the problems .(c) Provide information, advice and assistance to commu-

nities and try to coordinate their activities on behalf of thedevelopmentally disabled .

(d) Assist counties in obtaining professional services on ashared-time basis .

(e) Establish and maintain liaison with all state and localagencies to establish a continuum of services, consultativeand informational .

(14r) DUTIES OF THE COUNCIL ON DEVELOPMENTAL DISABILI-

TIES . (a) The council on developmental disabilities shall :1 . Designate appropriate state or local agencies for the

administration of programs and fiscal resources made avail-able to the council on developmental disabilities under fed-eral legislation affecting the delivery of services to the devel-opmentally disabled .

2. Perform the following responsibilities related to the stateplan for the delivery of services, including the construction offacilities :

a. Develop, approve, and continue modification of thestatewide plan .

b. Monitor and evaluate the implementation of the state-wide plan.

3. Review and advise the department of health and socialservices on community budgets and community plans forprograms affecting persons with developmental disabilities .

4. Participate in the development of, review, comment on,and monitor all state plans in the state which relate toprograms affecting persons with developmental disabilities .

5. Serve as an advocate for persons with developmentaldisabilities .

6. Provide continuing counsel to the governor and thelegislature .

(b) The council may establish such reasonable proceduresas are essential to the conduct of the affairs of the council .

(15) CONSTRUCTION . (a) Nothing in this section shall beconstrued to mean that developmentally disabled persons arenot eligible for services available from all sources .

(b) Nothing in this section may be deemed to require acounty department of developmental disabilities services toprovide education, recreation, counseling, information orreferral services to any individual with a developmentaldisability or to his or her family .

(c) 1 . Any reference in any law to a county department ofdevelopmental disabilities services applies to the countydepartment under s . 46 .23 in its administration of the powersand duties of the county department of developmental disa-bilities services under s . 46 .23 (3) (b) .

2 . a . Any reference in any law to a county developmentaldisabilities services director appointed under sub . (9) (a)applies to the director of a county department appointedunder s . 46 .23 (5) (f) in his or her administration of the powersand duties of that county developmental disabilities servicesdirector .

b. Any reference in any law to a county developmentaldisabilities services director appointed under sub . (lOm)(intro .) applies to the director of a county department ap-pointed under s . 46 .23 (6m) (intro.) in his or her administra-tion of the powers and duties of that county developmentaldisabilities services director .

3 . a . Any reference in any law to a county developmentaldisabilities services board appointed under sub . (7) (a) 1applies to the board of a county department appointed under

(c) Determine, subject to the approval of the county boardof supervisors and with the advice of the county developmen-tal disabilities services board under sub . (9b) (e), whetherservices are to be provided directly by the county departmentof developmental disabilities services or contracted for withother providers and make such contracts . The county boardof supervisors may elect to require the approval of any suchcontract by the county board of supervisors .

(e) Assist the county developmental disabilities servicesboard under sub. (9b) in the preparation of the proposedbudget required under sub . (9b) (c) .

(f) Make recommendations to the county executive orcounty administrator regarding modifications to the pro-posed budget prepared by the county developmental disabili-ties services board under sub. (9b) (c) .

(g) Evaluate service delivery .(h) After consultation with the county developmental

disabilities services board administer the duties of the countydepartment of disabilities services under sub . (4r) (b) .

(i) Establish salaries and personnel policies of the programsubject to approval of the county executive or county admin-istrator and county board of supervisors .

(j) Perform other functions necessary to manage, operate,maintain and improve programs .

(k) Comply with state requirements .(L) Assist in arranging cooperative working agreements

with other persons providing health, education, vocational orwelfare services related to services provided under thissection.

(m) Arrange and promote local financial support for theprogram .

(n) In consultation with the county developmental disabili-ties services board, prepare :

1 . Intermediate-range plans and budget .2. An annual report of the operation of the program .3 . Such other reports as are required by the department of

health and social services and the county board ofsupervisors .

(o) 1 . Annually identify brain-injured persons in need ofservices within the county .

2. Annually, no later than January 30, 1987, and January30 of each year thereafter, report to the department the ageand location of those brain-injured persons who are receivingtreatment.

(14) DUTIES OF THE DEPARTMENT OF HEALTH AND SOCIAL

sExvicES . The department of health and social services shall :(a) Review requests and certify county departments of

developmental disabilities services to assure that the countydepartments of developmental disabilities services are incompliance with this section .

(c) Periodically review and evaluate the program of eachcounty department of developmental disabilities services .

(d) Provide consultative staff services to communities toassist in ascertaining local needs and in planning, establishingand operating programs .

(e) Develop and implement a uniform cost reportingsystem according to s . 46.18 (8), (9) and (10) .

(g) Ensure that any county department of developmentaldisabilities services which elects to provide special educationprograms to children aged 3 years and under complies withrequirements established by the department of publicinstruction .

(h) Organize and foster education and training programsfor all persons engaged in treatment of brain-injured personsand keep a central record of the age and location of thosepersons treated .

(14m) DUTIES OF THE SECRETARY . The secretary shall :



tation and career counseling, which may be extended toalcoholics and intoxicated persons, and psychiatric, psycho-logical and social service care which may be extended to theirfamilies. Treatment may also include, but shall not bereplaced by, physical detention of persons, in an approvedtreatment facility, who are involuntarily committed or de-tained under sub. (12) or (13) .

(2m) APPLICABILITY TO MINORS . (a) Except as otherwisestated in this section, this section shall apply equally tominors and adults.

(b) Subject to the limitations specified in s . 51 .47, a minormay consent to treatment under this section .

(c) In proceedings for the commitment of a minor undersub. (12) or (13) :

1 . The court may appoint a guardian ad litem for theminor; and

2. The parents or guardian of the minor, if known, shallreceive notice of all proceedings .

(3) POWERS OF DEPARTMENT . To implement this section, thedepartment may:

(a) Plan, establish and maintain treatment programs asnecessary or desirable .

(b) Make contracts necessary or incidental to the perform-ance of its duties and the execution of its powers, includingcontracts with public and private agencies, organizations,and individuals to pay them for services rendered or fur-nished to alcoholics or intoxicated persons .

(c) Keep records and engage in research and the gatheringof relevant statistics .

(d) Provide information and referral services as optionalelements of the comprehensive program it develops undersub. (7).

(4) Dins of DEPARTMENT. The department shall :(a) Develop, encourage and foster statewide, regional, and

local plans and programs for the prevention of alcoholismand treatment of alcoholics and intoxicated persons in coop-eration with public and private agencies, organizations, andindividuals and provide technical assistance and consultationservices for these purposes .

(b) Coordinate the efforts and enlist the assistance of allpublic and private agencies, organizations and individualsinterested in prevention of alcoholism and treatment ofalcoholics and intoxicated persons .

(c) Provide treatment for alcoholics and intoxicated per-sons in or on parole from state correctional institutions andassure that the county department provides treatment forsuch persons in county, town and municipal institutions forthe detention and incarceration of persons charged with orconvicted of a violation of a state law or a county, town ormunicipal ordinance .

(d) Cooperate with the department of public instruction,local boards of education, schools, police departments,courts, and other public and private agencies, organizationsand individuals in establishing programs for the preventionof alcoholism and treatment of alcoholics and intoxicatedpersons, and preparing curriculum materials thereon for useat all levels of school education .

(e) Prepare, publish, evaluate and disseminate educationalmaterial dealing with the nature and effects of alcohol .

(f) Develop and implement and assure that county depart-ments develop and implement, as an integral part of treat-ment programs, an educational program for use in thetreatment of alcoholics and intoxicated persons, which pro-gram shall include the dissemination of information concern-ing the nature and effects of alcohol .

(g) Organize and foster training programs for all personsengaged in treatment of alcoholics and intoxicated persons .

51 .45 Prevention and control of alcoholism . (1) DECLARA-TION OF POLICY . It is the policy of this state that alcoholicsand intoxicated persons may not be subjected to criminalprosecution because of their consumption of alcohol bever-ages but rather should be afforded a continuum of treatmentin order that they may lead normal lives as productivemembers of society .

(2) DEFINITIONS . As used in this section, unless the contextotherwise requires :

(b) "Approved private treatment facility " means a privateagency meeting the standards prescribed in sub . (8) (a) andapproved under sub . (8) (c) .

(c) "Approved public treatment facility " means a treat-ment agency operating under the direction and control of thedepartment or providing treatment under this sectionthrough a contract with the department under sub . (7) (g) orwith the county department under s . 51 .42 (3) (ar) 2 , andmeeting the standards prescribed in sub . (8) (a) and approvedunder sub . (8) (c) .

(cm) "County department" means a county departmentunder s. 51 .42 .

(cr) "Designated person " means a person who performs, inpart , the protective custody functions of a law enforcementofficer under sub . (11), operates under an agreement betweena county department and an appropriate law enforcementagency under sub . (11) , and whose qualifications are estab-lished by the county department .

(d) "Incapacitated by alcohol" means that a person , as aresult of the use of or withdrawal from alcohol , is uncon-scious or has his or her judgment otherwise so impaired thathe or she is incapable of making a rational decision , asevidenced objectively by such indicators as extreme physicaldebilitation, physical harm or threats of harm to himself orherself or to any other person, or to property .

(e) "Incompetent person" means a person who has beenadjudged incompetent by the circuit court .

( f) "Intoxicated person" means a person whose mental orphysical functioning is substantially impaired as a result ofthe use of alcohol .

(g) "Treatment" means the broad range of emergency,outpatient, intermediate, and inpatient services and care ,including diagnos t ic evaluation, medical , surgical , psychiat-ric, psychological , and social service care, vocational rehabili-

1101 87-88 Wis . Stats .

s . 46.23 (4) (b)1 in its administration of the powers and dutiesof that county developmental disabilities services board .

b. Any reference in any law to a county developmentaldisabilities services board appointed under sub . (7) (a) 2applies to the board of a county department appointed unders . 46 .23 (4) (b) 2 in its administration of the powers and dutiesof that county developmental disabilities services board.

(16) ADMINISTRATIVE sTxucTvxE. Rules promulgated bythe secretary under s. 51 .42 (7) (b) shall apply to servicesprovided through county departments of developmental dis-abilities services under this section .

History: 1971 c. 307, 322 ; 1973 c. 90, 333; 1975 c. 39, 199, 430; 1977 c . 26ss. 39, 75 ; 1977 c. 29; 1977 c . 354 s. 101 ; 1977 c . 418; 1977 c. 428 s . 85, 86, 1 15 ;1979 c . 32, 117, 221, 330, 355; 1981 c . 20, 93, 329; 1983 a. 27, 365, 375, 524 ;1985 a . 29 ss . 1094 to 1105m, 3200 (56) (a) ; 1985 a . 120, 176, 307, 332; 1987 a.27.

See note to 59 .07, citing 63 Atty . Gen. 468 .See note to 51 .42, citing 63 Atty . Gen. 560 .Liability, reimbursement and collection for services provided under 51 .42

and 51 .437 programs discussed . 65 Atty . Gen. 49.County board of supervisors may require its approval of contracts for

purchase of services by community services board if so specified in its coordi-nated plan and budget . Otherwise it may not. 69 Atty . Gen. 128 .

See note to 51 .42, citing 70 Atty . Gen. 219 .Multicounty 51 .42/51 .437 board may retain private legal counsel only

where corporation counsel of each county, or district attorney of each countynot having a corporation counsel, notifies board that he or she is unable toprovide specific services in a timely manner . 73 Atty . Gen. 8 .



(h) Sponsor and encourage research into the causes andnature of alcoholism and treatment of alcoholics and intoxi-cated persons, and serve as a clearinghouse for informationrelating to alcoholism .

(i) Specify uniform methods for keeping statistical infor-mation by public and private agencies, organizations, andindividuals, and collect and make available relevant statisti-cal information, including number of persons treated, fre-quency of admission and readmission, and frequency andduration of treatment .

(j) Advise the governor or the state health planning anddevelopment agency under P.L. 93-641, as amended, in thepreparation of a comprehensive plan for treatment of al-coholics and intoxicated persons for inclusion in the state'scomprehensive health plan .

(k) Review all state health, welfare and treatment plans tobe submitted for federal funding under federal legislation,and advise the governor or the state health planning anddevelopment agency under P .L. 93-641, as amended, onprovisions to be included relating to alcoholics and intoxi-cated persons .

(1) Develop and maintain, in cooperation with other stateagencies, local governments and businesses and industries inthe state, appropriate prevention, treatment and rehabilita-tion programs and services for alcohol abuse and alcoholismamong employes thereof .

(m) Utilize the support and assistance of interested personsin the community, particularly recovered alcoholics, to en-courage alcoholics voluntarily to undergo treatment .

(n) Cooperate with the department of transportation inestablishing and conducting programs designed to deal withthe problem of persons operating motor vehicles whileintoxicated .

(o) Encourage general hospitals and other appropriatehealth facilities to admit without discrimination alcoholicsand intoxicated persons and to provide them with adequateand appropriate treatment .

(p) Submit to the governor or the state health planning anddevelopment agency under P .L. 93-641, as amended, anannual report covering the activities of the department relat-ing to treatment of alcoholism.

(q) Gather information relating to all federal programsconcerning alcoholism, whether or not subject to approval bythe department, to assure coordination and avoid duplicationof efforts .

(7) COMPREHENSIVE PROGRAM FOR TREATMENT . (a) Thedepartment shall establish a comprehensive and coordinatedprogram for the treatment of alcoholics and intoxicatedpersons .

(b) The program of the department shall include :1 . Emergency medical treatment provided by a facility

affiliated with or part of the medical service of a generalhospital .

2. Nonmedical emergency treatment provided by a facilityhaving a written agreement with a general hospital for theprovision of emergency medical treatment to patients as maybe necessary .

3. Inpatient treatment.4. Intermediate treatment as a part-time resident of a

treatment facility .6 outpatient and follow-up treatment .

minima] Sided care in a sheltered living environment withr ng providing a program emphasizing at least

one of the following elements: the development of self-care,social and recreational skills or prevocational or vocationaltraining.

7. Prevention and intervention services .

(c) The department shall provide for adequate and app ro-priate treatment for alcoholics and intoxicated persons ad-mitted under subs . (10) to (13). Treatment may not beprovided at a correctional institution except for inmates .

(d) The superintendent of each facility shall make anannual report of i ts activities to the secretary in the form andmanner the secretary specifies .

(e) All appropriate public and private resources shall becoordinated with and utilized in the program if possible .

(f) The secretary shall prepare, publish and distributeannually a list of all approved public and private treatmentfacilities .

(g) The department may contract for the use of any faci l ityas an approved public treatment facility if the secretaryconsiders this to be an effective and economical course tofollow .

(8) STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FACIL-ITIES; ENFORCEMENT PROCEDURES. (a) The department shall es-tablish minimum standards for approved treatment facilitiesthat must be met for a treatment facility to be approved as apubl ic or private treatment facility, and fix the fees to becharged by the department for the required inspections . Thestandards may concern only the health standards to be metand standards of treatment to be afforded patients and shalldistinguish between facilities rendering different modes oftreatment. In setting standards, the department shall con-sider the residents' needs and abilities, the services to beprovided by the facility, and the relationship between thephysical structure and the objectives of the program . Noth-ing in this subsection shall prevent county departments fromestablishing reasonable higher standards .

(b) The department periodically shal l make unannouncedinspections of approved public and private treatment facili-ti es at reasonable times and in a reasonable manner .

(c) Approval of a facility must be secured under this sectionbefore application for a grant-in-aid for such facility under s .51 .423 or before treatment in any facility is rendered topatients .

(d) Each approved public and private treatment facilityshall file with the department on request, data, statistics,schedules and information the department reasonabl y re-quires, incl uding any data or information specified under s .140.81 (2m). An approved public or private treatment facilitythat without good cause fails to furnish any data, statistics,schedules or information as requested, or files fraudulentreturns thereof, shal l be removed from the list of approvedtreatment facilities .

(e) The department, after notice and hearing, may suspend,revoke, limit, or restrict an approval, or refuse to grant anapproval, for failure to meet its standards .

(f) The circuit court may restrain any violation of thissection, review any denial, restriction, or revocation of ap-prova l, and grant other relief required to enforce itsprovisions .

(9) ACCEPTANCE FOR TREATMENT; RULES. The secretaryshall adopt and may amend and repeal rules for acceptance ofpersons into the treatment program, considering availabletreatment resources and facilities, for the purpose of earlyand effective treatment of alcoholics and intoxicated persons .In establishing the rules the secretary shall be guided by thefollowing standards :

(a) If possible a patient shall be treated on a voluntaryrather than an involuntary basis .

(b) A pati ent shall be initially assigned or transferred tooutpatient or intermediate treatment, unless he is found torequire inpatient treatment .

51 .45 MENTAL HEALTH ACT 87-88 Wis . Stats. 1 102


such person to an approved public treatment facility foremergency treatment or request a designated person to bringsuch person to the facility for emergency treatment . If noapproved public treatment facility is readily available or if, inthe judgment of the law enforcement officer or designatedperson, the person is in need of emergency medical treatment,the law enforcement officer or designated person upon therequest of the law enforcement officer shall take such personto an emergency medical facility . The law enforcementofficer or designated person, in detaining such person or intaking him or her to an approved public treatment facility oremergency medical facility, is holding such person underprotective custody and shall make every reasonable effort toprotect the person's health and safety . In placing the personunder protective custody the law enforcement officer maysearch such person for and seize any weapons . Placementunder protective custody under this subsection is not anarrest . No entry or other record shall be made to indicate thatsuch person has been arrested or charged with a crime . Aperson brought to an approved public treatment facilityunder this paragraph shall be deemed to be under theprotective custody of the facility upon arrival .

(bm) If the person who appears to be incapacitated byalcohol under par. (b) is a minor, either a law enforcementofficer or a person authorized to take a child into custodyunder ch. 48 may take the minor into custody as provided inpar. (b) .

(c) A person who comes voluntarily or is brought to anapproved treatment facility shall be examined by trained staffas soon as practicable in accordance with a procedure devel-oped by the facility in consultation with a licensed physician .The person may then be admitted as a patient or referred toanother treatment facility or to an emergency medical facil-ity, in which case the county department shall make provisionfor transportation . Upon arrival, the person shall be deemedto be under the protective custody of the facility to which heor she has been referred .

(d) A person who by examination pursuant to par . (c) isfound to be incapacitated by alcohol at the time of admission,or to have become incapacitated at any time after admission,shall be detained at the appropriate facility for the durationof the incapacity but may not be detained when no longerincapacitated by alcohol, or if the person remains incapaci-tated by alcohol for more than 72 hours after admission as apatient, exclusive of Saturdays, Sundays and legal holidays,unless he or she is committed under sub. (12) . A person mayconsent to remain in the facility as long as the physician orofficial in charge believes appropriate .

(e) The county department shall arrange transportationhome for a person who was brought under protective custodyto an approved public treatment facility or emergency medi-cal facility and who is not admitted, if the home is within 50miles of the facility . If the person has no home within 50 milesof the facility, the county department shall assist him or her inobtaining shelter .

(fl If a patient is admitted to an approved public treatmentfacility, the family or next of kin shall be notified as promptlyas possible unless an adult patient who is not incapacitatedrequests that no notification be made .

(g) Any law enforcement officer, designated person orofficer or employe of an approved treatment facility who actsin compliance with this section is acting in the course ofofficial duty and is not criminally or civilly liable for falseimprisonment.

(h) Prior to discharge, the patient shall be informed of thebenefits of further diagnosis and apprcoriate voluntarytreatment .

(c) No person may be denied treatment solely because hehas withdrawn from treatment against medical advice on aprior occasion or because he has relapsed after earliertreatment .

(d) An individualized treatment plan shall be prepared andmaintained on a current basis for each patient .

(e) Provision shall be made for a continuum of coordinatedtreatment services, so that a person who leaves a facility or aform of treatment will have available and utilize otherappropriate treatment .

(10) VOLUNTARY TREATMENT OF ALCOHOLI CS . (a) An adultalcoholic may apply for voluntary treatment directly to anapproved public treatment facility . If the proposed patient isan incompetent person who has not been deprived of the rightto contract under subch . I of ch . 880, the person or a legalguardian or other legal representative may make the applica-tion. If the proposed patient is an incompetent person whohas been deprived of the right to contract under subch. I ofch. 880, a legal guardian or other legal representative maymake the application .

(am) A minor may apply for voluntary treatment directlyto an approved public treatment facility, but only for thoseforms of treatment specified in sub . (7) (b) 5 and 7. Section51 .13 shall govern voluntary admission of a minor alcoholicto an inpatient treatment facility .

(b) Subject to rules promulgated by the department, thesuperintendent in charge of an approved public treatmentfacility may determine who shall be admitted for treatment .If a person is refused admission to an approved publictreatment facility, the superintendent, subject to rulespromulgated by the department, shall refer the person toanother approved public treatment facility for treatment ifpossible and appropriate .

(c) If a patient receiving inpatient care leaves an approvedpublic treatment facility, the patient shall be encouraged toconsent to appropriate outpatient or intermediate treatment .If it appears to the superintendent in charge of the treatmentfacility that the patient is an alcoholic or intoxicated personwho requires help, the county department shall arrange forassistance in obtaining supportive services and residentialfacilities . If the patient is an incompetent person the requestfor discharge from an inpatient facility shall be made by alegal guardian or other legal representative or by the incom-petent if he or she was the original applicant .

(d) If a patient leaves an approved public treatmentfacility, with or against the advice of the superintendent incharge of the facility, the county department may makereasonable provisions for the patient's transportation toanother facility or to his or her home or may assist the patientin obtaining temporary shelter .

(e) This subsection applies only to admissions of alcoholicswhose care and treatment is to be paid for by the departmentor a county department .

(11) TREATMENT AND SERVICES FOR INTOXICATED PERSONSAND OTHERS INCAPACITATED BY ALCOHOL. (a) An intoxicatedperson may come voluntarily to an approved public treat-ment facility for emergency treatment . Any law enforcementofficer, or designated person upon the request of a lawenforcement officer, may assist a person who appears to beintoxicated in a public place and to be in need of help to his orher home, an approved treatment facility or other healthfacility, if such person consents to the proffered help . Section51 .13 shall govern voluntary admission of an intoxicatedminor to an inpatient facility under this paragraph .

(b) A person who appears to be incapacitated by alcoholshall be placed under protective custody by a law enforce-ment officer . The law enforcement officer shall either bring

1103 87-88 Wis. Stats . MENTAL HEALTH ACT 51.45


patient's immediate family if they can be located and may bedeferred until the patient's incapacitated condition, if any,has subsided to the point where the patient is capable ofunderstanding the notice . Under no circumstances mayinterviews with physicians, psychologists or other personnelbe conducted until such notice is given, except that the patientmay be questioned to determine immediate medical needs .The patient may be detained at the facility to which he or shewas admitted or, upon notice to the attorney and the court,transferred by the county department to another appropriatepublic or private treatment facility, until discharged underpar. (e) .

(e) When on the advice of the treatment staff the superin-tendent of the facility having custody of the patient deter-mines that the grounds for commitment no longer exist, he orshe shall discharge a person committed under this subsection .No person committed under this subsection shall be detainedin any .treatment facility beyond the time set for a preliminaryhearing under par . (c) 4. If a petition for involuntarycommitment under sub. (13) has been filed and a finding ofprobable cause for believing the patient is in need of commit-ment has been made under sub . (13) (d), the person may bedetained until the petition has been heard and determined .

(f) A copy of the written application for commitment andall supporting affidavits shall be given to the patient at thetime notice. of rights is given under par. (d) by the superin-tendent, who shall provide a reasonable opportunity for thepatient to consult counsel .

(13) INVOLUNTARY COMMITMENT. (a) A person may becommitted to the custody of the county department by thecircuit court upon the petition of 3 adults, at least one ofwhom has personal knowledge of the conduct and conditionof the person sought to be committed . A refusal to undergotreatment shall not constitute evidence of lack of judgment asto the need for treatment . The petition for commitment shall :

1 . Allege that the condition of the person is such that he orshe habitually lacks self-control as to the use of alcoholbeverages, and uses such beverages to the extent that health issubstantially impaired or endangered and social or economicfunctioning is substantially disrupted ;

2. Allege that such condition of the person is evidenced bya pattern of conduct which is dangerous to the person or toothers ;

3. State facts sufficient for a determination of indigency ofthe person;

4 . Be supported by the affidavit of each petitioner who haspersonal knowledge which avers with particularity the factualbasis for the allegations contained in the petition ; and

5. Contain a statement of each petitioner who does nothave personal knowledge which provides the basis for his orher belief.

(b) Upon receipt of a petition under par . (a), the courtshall :

1 . Determine whether the petition and supporting affida-vits meet the requirements of par. (a) and dismiss the petitionif the requirements of par . (a) are not met thereby . If theperson has not been temporarily committed under sub . (12)(c) and the petition and supporting affidavits meet therequirements of par . (a), the court may issue an ordertemporarily committing the person to the custody of thecounty department pending the outcome of the preliminaryhearing under par . (d) .

2. Assure that the person is represented by counsel and, ifthe person claims or appears to be indigent, shall refer theperson to the authority for indigency determinations speci-fied under s . 977 .07 (1) . The person shall be represented bycounsel at the preliminary hearing under par . (d). The person

(i) No provision of this section may be deemed to requireany emergency medical facility which is not an approvedprivate or public treatment facility to provide to incapaci-tated persons nonmedical services including, butt not limitedto, shelter, transportation or protective custody .

(12) EMERGENCY COMMITMENT. (a) An intox i cated personwho has threatened, attempted or inflicted physical harm onhimself or herself or on another and is likely to inflict suchphysical harm unless committed, or a person who is incapaci-tated by alcohol, may be committed to the county departmentand brought to an approved public treatment facility foremergency treatment . A refusal to undergo treatment doesnot constitute evidence of lack of judgment as to the need fortreatment.

(b) The physician, spouse, guardian or a relative of theperson sought to be committed, or any other responsibleperson, may petition a court commissioner or the circuitcourt of the county in which the person sought to becommitted resides or is present for commitment under thissubsection. The petition shall:

1 . State facts to support the need for emergency treatment ;2 . State facts sufficient for a determination of indigency of

the person; and3 . Be supported by one or more affidavits which aver with

particularity the factual basis for the allegations contained inthe petition .

(c) Upon receipt of a petition under par . (b), the courtcommissioner or court shall :

1 . Determine whether the petition and supporting affida-vits sustain the grounds for commitment and dismiss thepetition if the grounds for commitment are not sustainedthereby. If the grounds for commitment are sustained by thepetition and supporting affidavits, the court or court commis-sioner shall issue an order temporarily committing the personto the custody of the county department pending the outcomeof the preliminary hearing under sub . (13) (d) .

2. Assure that the person sought to be committed isrepresented by counsel and, if the person claims or appears tobe indigent, refer the person to the authority for indigencydeterminations specified under s . 977 .07 (1) .

3 . Issue an order directing the sheriff or other law enforce-ment agency to take the person into protective custody andbring him or her to an approved public treatment facilitydesignated by the county department, if the person is notdetained under sub . (11) .

4. Set a time for a preliminary hearing under sub . (13) (d),such hearing to be held not later than 48 hours after receipt ofa petition under par. (b), exclusive of Saturdays, Sundays andlegal holidays . If at such time the person is unable to assist inthe defense because he or she is incapacitated by alcohol, anextension of not more than 48 hours, exclusive of Saturdays,Sundays and legal holidays, may be had upon motion of theperson or the person's attorney .

(d) Upon arrival at the approved public treatment facility,the person shall be advised both orally and in writing of theright to counsel, the right to consult with counsel before arequest is made to undergo voluntary treatment under sub .(10), the right not to converse with examining physicians,psychologists or other personnel, the fact that anything saidto examining physicians, psychologists or other personnelmay be used as evidence against him or her at subsequenthearings under this section, the right to refuse medicationunder s . 51 .61 (6), the exact time and place of the preliminaryhearing under sub . (13) (d), and of the reasons for detentionand the standards under which he or she may be committedprior to all interviews with physicians, psychologists or otherpersonnel. Such notice of rights shall be provided to the

51.45 MENTAL HEALTH ACT 87-88 Wis . Stat s . 1104


psychiatric and otherwise, which have been made prior to thepreliminary hearing . The person shall be present at thepreliminary hearing and shall be afforded a meaningfulopportunity to be heard. Upon failure to make a finding ofprobable cause under this paragraph, the court shall dismissthe petition and discharge the person from the custody of thecounty department .

(dg) The court shall proceed as if a petition were filedunder s. 51 .20 (1) if all of the following conditions are met :

1 . The petitioner's counsel notifies all other parties and thecourt, within a reasonable time prior to the hearing, of his orher intent to request that the court proceed as if a petitionwere filed under s . 51 .20 (1) .

2. The court determines at the hearing that there isprobable cause to believe that the subject individual is a fitsubject for treatment under s . 51 .20 (1) .

(dm) For the purposes of this section, duties to be per-formed by a court shall be carried out by the judge of suchcourt or a court commissioner of such court who is anattorney and is designated by the judge to so act, in all mattersprior to a final hearing under this subsection .

(e) Upon a finding of probable cause under par . (d), thecourt shall fix a date for a full hearing to be held within 14days. An extension of not more than 14 days may be grantedupon motion of the person sought to be committed upon ashowing of cause . Effective and timely notice of the fullhearing, the right to counsel, the right to jury trial and thestandards under which the person may be committed shall begiven to the person, the immediate family other than apetitioner under par. (a) or sub . (12) (b) if they can be located,the spouse or legal guardian if the person is incompetent, thesuperintendent in charge of the appropriate approved publictreatment facility if the person has been temporarily commit-ted under par. (b) or sub . (12), the person's counsel, unlesswaived, and to the petitioner under par . (a) . Counsel, or theperson if counsel is waived, shall have access to all reports andrecords, psychiatric and otherwise, which have been madeprior to the full hearing on commitment, and shall be giventhe names of all persons who may testify in favor of commit-ment and a summary of their proposed testimony at least 96hours before the full hearing, exclusive of Saturdays, Sundaysand legal holidays .

(f) The hearing shall be open, unless the person sought tobe committed or the person's attorney moves that it be closed,in which case only persons in interest (including representa-tives of the county department in all cases) and their attor-neys and witnesses may be present . At the hearing the jury,or, if trial by jury is waived, the court, shall consider allrelevant evidence, including, if possible, the testimony of atleast one licensed physician who has examined the personwhose commitment is sought . Ordinary rules of evidenceshall apply to any such proceeding. The person whosecommitment is sought shall be present and shall be given anopportunity to be examined by a court-appointed licensedphysician. If the person refuses and there is sufficientevidence to believe that the allegations of the petition are true,or if the court believes that more medical evidence is neces-sary, the court may make a temporary order committing theperson to the county department for a period of not morethan 5 days for purposes of diagnostic examination .

(g) The court shall make an order of commitment to thecounty department if, after hearing all relevant evidence,including the results of any diagnostic examination, the trierof fact finds : 1) that the allegations of the petition under par .(a) have been established by clear and convincing evidence ;and 2) that there is a relationship between the alcoholiccondition and the pattern of conduct during the 12-month

may, with the approval of the court, waive his or her right torepresentation by counsel at the full hearing under par . (f) .

3. If the court orders temporary commitment, issue anorder directing the sheriff or other law enforcement agency totake the person into protective custody and to bring theperson to an approved public treatment facility designated bythe county department, if the person is not detained undersub . (11) or (12) .

4 . Set a time for a preliminary hearing under par . (d) . If theperson is taken into protective custody, such hearing shall beheld not later than 72 hours after the person arrives at theapproved public treatment facility, exclusive of Saturdays,Sundays and legal holidays . If at that time the person isunable to assist in the defense because he or she is incapaci-tated by alcohol, an extension of not more than 48 hours,exclusive of Saturdays, Sundays and legal holidays, may behad upon motion of the person or the person's attorney .

(c) Effective and timely notice of the preliminary hearing,together with a copy of the petition and supporting affidavitsunder par. (a), shall be given to the person unless he or she hasbeen taken into custody under par. (b), the spouse or legalguardian if the person is incompetent, the person's counseland the petitioner . The notice shall include a written state-ment of the person's right to an attorney, the right to trial byjury, the right to be examined by a physician, and thestandard under which he or she may be committed under thissection. If the person is taken into custody under par . (b),upon arrival at the approved public treatment facility, theperson shall be advised both orally and in writing of the rightto counsel, the right to consult with counsel before a request ismade to undergo voluntary treatment under sub . (10), theright not to converse with examining physicians, psycholo-gists or other personnel, the fact that anything said toexamining physicians, psychologists or other personnel maybe used as evidence against him or her at subsequent hearingsunder this section, the right to refuse medication under s .51 .61 (6), the exact time and place of the preliminary hearingunder par. (d), the right to trial by jury, the right to beexamined by a physician and of the reasons for detention andthe standards under which he or she may be committed priorto all interviews with physicians, psychologists or otherpersonnel. Such notice of rights shall be provided to theperson's immediate family if they can be located and may bedeferred until the person's incapacitated condition, if any,has subsided to the point where the person is capable ofunderstanding the notice . Under no circumstances mayinterviews with physicians, psychologists or other personnelbe conducted until such notice is given, except that the personmay be questioned to determine immediate medical needs .The person may be detained at the facility to which he or shewas admitted or, upon notice to the attorney and the court,transferred by the county department to another appropriatepublic or private treatment facility, until discharged underthis subsection . A copy of the petition and all supportingaffidavits shall be given to the person at the time notice ofrights is given under this paragraph by the superintendent,who shall provide a reasonable opportunity for the patient toconsult counsel .

(d) Whenever it is desired to involuntarily commit aperson, a preliminary hearing shall be held under this para-graph. The purpose of the preliminary hearing shall be todetermine if there is probable cause for believing that theallegations of the petition under par. (a) are true . The personshall be represented by counsel at the preliminary hearingand, if the person is indigent, counsel shall timely be ap-pointed at public expense, as provided in s . 967 .06 and ch .977. Counsel shall have access to all reports and records,



period immediately preceding the time of petition which isdangerous to the person or others and that such relationshiphas been established to a reasonable medical certainty; and 3)that there is an extreme likelihood that the pattern of conductwill continue or repeat itself without the intervention ofinvoluntary treatment or institutionalization. The court maynot order commitment of a person unless it is shown by clearand convincing evidence that there is no suitable alternativeavailable for the person and that the county department isable to provide appropriate and effective treatment for theindividual .

(h) A person committed under this subsection shall remainin the custody of the county department for treatment for aperiod set by the court, but not to exceed 90 days . During thisperiod of commitment the county department may transferthe person from one approved public treatment facility orprogram to another as provided in par . (k) . At the end of theperiod set by the court, the person shall be dischargedautomatically unless the county department before expira-tion of the period obtains a court order for recommitmentupon the grounds set forth in par . (a) for a further period notto exceed 6 months . If after examination it is determined thatthe person is likely to inflict physical harm on himself orherself or on another, the county department shall apply forrecommitment. Only one recommitment order under thisparagraph is permitted .

(j) Upon the filing of a petition for recommitment underpar. (h), the court shall fix a date for a recommitment hearingwithin 10 days, assure that the person sought to be recommit-ted is represented by counsel and, if the person is indigent,appoint counsel for him or her, unless waived . The provi-sions of par. (e) relating to notice and to access to records,names of witnesses and summaries of their testimony shallapply to recommitment hearings under this paragraph . Atthe recommitment hearing, the court shall proceed as pro-vided under pars . ( f) and (g) .

(k) The county department shall provide for adequate andappropriate treatment of a person committed to its custody .Any person committed or recommitted to custody may betransferred by the county department from one approvedpublic treatment facility or program to another upon thewritten application to the county department from the facilityor program treating the person . Such application shall statethe reasons why transfer to another facility or program isnecessary to meet the treatment needs of the person. Noticeof such transfer and the reasons therefor shall be given to thecourt, the person's attorney and the person's immediatefamily, if they can be located .

(1) If an approved private treatment facility agrees with therequest of a competent patient or a parent, sibling, adultchild, or guardian to accept the patient for treatment, thecounty department may transfer the person to the privatetreatment facility .

(m) A person committed under this section may at any timeseek to be discharged from commitment by habeas corpusproceedings.

(n) The venue for proceedings under this subsection is theplace in which the person to be committed resides or ispresent .

(o) All fees and expenses incurred under this section whichare required to be assumed by the county shall be governed bys . 51 .20 (19) .

(p) A record shall be made of all proceedings held underthis subsection . Transcripts shall be made available underSCR 71 .03 . The county department may in any case request atranscript .

(14) CONFIDENTIAL ITY OF RECORDS OF PAT IENTS. (a) Exceptas otherwise provided in s . 51 .30, the registration and treat-ment records of alcoholism treatment programs and facilitiesshall remain confidential and are privileged to the patient.The applicati on of s . 51 .30 is limited by any rule promu l gatedunder s. 51 .30 (4) (c) for the purpose of protecting theconfidentiality of alcoholism treatment records in conformitywith federal requirements .

(b) Any person who violates this subsection shall forfeitnot more than $5,000 .

(15) Civil RIGHTS AND LIBERTIES . (a) Except as provided ins . 51 .61(2), a person being treated under this section does notthereby lose any legal rights .

(b) No provisions of this section may be deemed tocontradict any rules or regulations governing the conduct ofany inmate of a state or county correctional institution who isbeing treated in an alcoholic treatment program within theinstitution .

(c) A private or public general hospital may not refuseadmission or treatment to a person in need of medical servicessolely because that person is an "alcoholic", "incapacitatedby alcohol" or is an "intoxicated person" as defined in sub .(2). This paragraph does not require a hospital to admit ortreat the person if the hospital does not ordinarily provide theservices required by the person. A private or public generalhospital which violates this paragraph shall forfeit not morethan $500 .

(16) PAYMENT FOR TxEaTWIExT. (a) Liability for paymentfor care, services and supplies provided under this section, thecollection and enforcement of such payments, and the adjust-ment and settlement with the several counties for their propershare of all moneys collected under s. 46.10, shall be governedexcl usively by s . 46.10 .

(b) Payment for treatment of persons treated under s . 53 .38shall be made under that section .

(c) Payment of attorney's fees for appointed attorneys inthe case of indigents shall be in accordance with ch . 977 .

(17 ) APPLICABILITY OF OTHER LAWS; PROCEDURE. (a) Noth-ing in this section affects any law, ordinance or rule theviolation of which is punishable by fine, forfeiture orimprisonment .

(b) All administrative procedure followed by the secretaryin the implementation of this section shall be in accordancewith ch. 227 .

(18) CONSTRUCTION . This section shall be so applied andconstrued as to effectuate its general purpose to make uni-form the law with respect to the subject of this section insofaras possible among states which enact similar laws .

(19) SHORT TITLE . This section may be cited as the "Alco-holism and Intoxication Treatment Act" .History: 1973 c. 198 ; 1975 c. 200, 428 ; 1975 c . 430 s . 80; 1977 c . 29 ; 1977 c.

187 ss. 44 , 13 4 , 1 35 ; 1977 c. 203 s. 106; 1 977 c . 428 ; 1977 c . 4 49 s. 497; Sup. C t .Order, 83 W (2d) xiii; 1979 c. 32 s. 92 (11); Sup . Ct . Order, eff. 1-1-80 ; 1979 c .22 1 ss. 417, 2200 (20) ; 1979 c . 300, 331, 356 ; 1981 c . 20; 1981 c. 79 s . 17; 1 981 c .289, 314; 1983 a. 27 ss . 11 1 6 to 1 1 21, 2202 (20); 1 985 a . 29 s. 3202 (56); 1985 a .139; 1985 a. 176 ss. 533 to 556, 615; 1985 a . 265; 1985 a. 332 s . 251 (1); 1987 a .339, 366 .

Judicial Council Note, 1981 : Reference to a "writ" of habeas corpus in s ub .( 1 3) (m) has been removed because that remedy is now available in an ordinaryaction. See s. 781 .0 1 , stats ., and the note thereto. [B i ll 613-A]

See note to 55 .06, citing Guardians hip & Protective Placement of Shaw, 87W (2d) 503, 275 NW (2d)' 1 43 (Ct. App . 1979).

One-person petition under (12) is sufficient for commitment only until pre-liminary hearing ; t h ree-person petition under ( 1 3) is required for commitmentbeyond this time period . In Matter of B.A.S . : State v. B .A .S ., 13 4 W (2d) 29 1 ,397 NW (2d) 1 1 4 (Ct . App . 1986) .

Persons incapacitated by alcohol who engage i n disorderl y conduct intreatment facil ity may be so charged, but not merely for the purpose of arrang-ing for their confinement in jail for security during detoxification . 64 Atty .Gen . 16 1 .

The revision of Wisconsi n's law of alcoholism and intoxication . Robb, 58MLR 88 .

Wisconsin's new alcoholism act encourages early voluntary treatment .1974 WBB No. 3 .



but does not include an individual who receives treatment in ahospital emergency room nor an individual who receivestreatment on an outpatient basis at such hospitals, unless theindividual is otherwise covered under this subsection. Exceptas provided in sub . (2), each patient shall :

(a) Upon admission or commitment be informed orallyand in writing of his or her rights under this section . Copiesof this section shall be posted conspicuously in each patientarea, and shall be available to the patient's guardian andimmediate family .

(b) 1 . Have the right to refuse to perform labor which is offinancial benefit to the facility in which the patient is receivingtreatment or service . Privileges or release from the facilitymay not be conditioned upon the performance of any laborwhich is regulated by this paragraph. Patients may voluntar-ily engage in therapeutic labor which is of financial benefit tothe facility if such labor is compensated in accordance with aplan approved by the department and if :

a. The specific labor is an integrated part of the patient'streatment plan approved as a therapeutic activity by theprofessional staff member responsible for supervising thepatient's treatment;

b. The labor is supervised by a staff member who isqualified to oversee the therapeutic aspects of the activity ;

c. The patient has given his or her written informed consentto engage in such labor and has been informed that suchconsent may be withdrawn at any time; and

d. The labor involved is evaluated for its appropriatenessby the staff of the facility at least once every 120 days .

2. Patients may also voluntarily engage in noncompen-sated therapeutic labor which is of financial benefit to thefacility, if the conditions for engaging in compensated laborunder this paragraph are met and if:

a. The facility has attempted to provide compensated laboras a first alternative and all resources for providing compen-sated labor have been exhausted ;

b. Uncompensated therapeutic labor does not cause lay-offs of staff hired by the facility to otherwise perform suchlabor; and

c. The patient is not required in any way to perform suchlabor. Tasks of a personal housekeeping nature are not to beconsidered compensable labor .

3 . Payment to a patient performing labor under thissection shall not be applied to costs of treatment without theinformed, written consent of such patient . This paragraphdoes not apply to individuals serving a criminal sentence whoare transferred from a state correctional institution under s .51.37 (5) to a treatment facility .

(c) Have an unrestricted right to send sealed mail andreceive sealed mail to or from legal counsel, the courts,governmental officials, private physicians and licensed psy-chologists, and have reasonable access to letter writing mate-rials including postage stamps . A patient shall also have aright to send sealed mail and receive sealed mail to or fromother persons, subject to physical examination in the patient'spresence if there is reason to believe that such communicationcontains contraband materials or obj ects whi ch threaten thesecurity of patients, prisoners or staff . Such reasons shall bewritten in the individual's treatment record . The officers andstaff of a facility may not read any mail covered by thisparagraph .

(d) Except in the case of a person who is committed foralcoholism, have the right to petition the court for review ofthe commitment order or for withdrawal of the order orrelease from commitment as provided in s . 51 .20 (16) .

(e) Have the right to the least restrictive conditions neces-sary to achieve the purposes of admission, commitment or

51 . 61 Patients rights . (1) In this section, "patient" meansany individual who is receiving services for mental illness,developmental disabilities, alcoholism or drug dependency,including any individual who is admitted to a treatmentfacility in accordance with this chapter or ch . 55 or who isdetained, committed or placed under this chapter or ch. 55,971 or 975, or who is transferred to a treatment facility unders . 51 .35 (3) or 51 .37 or who is receiving care or treatment forsuch conditions through the department or a county depart-ment under s. 51.42 or 51 .437 or in a private treatmentfacility . "Patient" does not include persons committed underch. 975 who are transferred to or residing in any state prisonlisted under s . 53.01. In private hospitals and in publicgeneral hospitals, "patient" includes any individual who isadmitted for the primary purpose of treatment of mentalillness, developmental disability, alcoholism or drug abuse

1107 87-88 Wis . Stats .

51 . 47 Alcohol and other drug abuse treatment for minors .(1) Except as provided in subs . (2) and (3), any physician orhealth care facility licensed, approved or certified by the statefor the provision of health services may render preventive,diagnostic, assessment, evaluation or treatment services forthe abuse of alcohol or other drugs to a minor 12 years of ageor over without obtaining the consent of or notifying theminor's parent or guardian. Unless consent of the minor'sparent or guardian is required under sub . (2), the physician orhealth care facility shall obtain the minor's consent prior tobilling a 3rd party for services under this section . If the minordoes not consent, the minor shall be solely responsible forpaying for the services, which the department shall bill to theminor under s . 46 .03 (18) (b).

(2) The physician or health care facility shall obtain theconsent of the minor's parent or guardian :

(a) Before performing any surgical procedure on the mi-nor, unless the procedure is essential to preserve the life orhealth of the minor and the consent of the minor's parent orguardian is not readily obtainable .

(b) Before administering any controlled substances to theminor, except to detoxify the minor under par . (c) .

(c) Before admitting the minor to an inpatient treatmentfacility, unless the admission is to detoxify the minor foringestion of alcohol or other drugs .

(d) If the period of detoxification of the minor under par .(c) extends beyond 72 hours after the minor's admission as apatient .

(3) The physician or health care facility shall notify theminor's parent or guardian of any services rendered underthis section as soon as practicable .

(4) No physician or health care facility rendering servicesunder sub . (1) is liable solely because of the lack of consent ornotification of the minor's parent or guardian.

History : 1979 c . 331 ; 1985 a . 281 .Except for those services for which parental consent is necessary under (2),

physician or health care facility may re l ease outpatient or detoxification ser-vices information only with consent of minor patient, provided minor is twelveyears of age or over. OAG 42-88 .

51 . 59 Incompetency not implied . (1) No person is deemedincompetent to manage his or her affairs, to contract, to holdprofessional, occupational or motor vehicle operator's li-censes, to marry or to obtain a divorce, to vote, to make a willor to exercise any other civil right solely by reason of his orher admission to a facility in accordance with this chapter ordetention or commitment under this chapter .

(2) This section does not authorize an individual who hasbeen involuntarily committed or detained under this chapterto refuse treatment during such commitment or detention,except as provided under s . 51 .61 (1) (g) and (h).

History : 1977 c . 428 ; 1987 a . 366 .



medications or treatment whenever the patient's condition sopermits.

(i) 1 . Except as provided in subd . 2, have a right to be freefrom physical restraint and isolation except for emergencysituations or when isolation or restraint is a part of atreatment program. Isolation or restraint may be used onlywhen less restrictive measures are ineffective or not feasibleand shall be used for the shortest time possible . When apatient is placed in isolation or restraint, his or her status shallbe reviewed once every 30 minutes . Each facility shall have awritten policy covering the use of restraint or isolation whichensures that the dignity of the individual is protected, that thesafety of the individual is ensured and that there is regular,frequent monitoring by trained staff to care for bodily needsas may be required . Isolation or restraint may be used foremergency situations only when it is likely that the patientmay physically harm himself or herself or others . Thetreatment director shall specifically designate physicians whoare authorized to order isolation or restraint, and shallspecifically designate licensed psychologists who are autho-rized to order isolation . In the instance where the treatmentdirector is not a physician, the medical director shall make thedesignation. In the case of a center for the developmentallydisabled, use shall be authorized by the director of the center .The authorization for emergency use of isolation or restraintshall be in writing, except that isolation or restraint may beauthorized in emergencies for not more than one hour, afterwhich time an appropriate order in writing shall be obtainedfrom the physician or licensed psychologist designated by thedirector, in the case of isolation, or the physician so desig-nated in the case of restraint . Emergency isolation orrestraint may not be continued for more than 24 hourswithout a new written order. Isolation may be used as part ofa treatment program if it is part of a written treatment planand the rights specified in this subsection are provided to thepatient. The use of isolation as a part of a treatment planshall be explained to the patient and to his or her guardian, ifany, by the person who undertakes such treatment . Suchtreatment plan shall be evaluated at least once every 2 weeks .Patients who have a recent history of physical aggression maybe restrained during transport to or from the facility . Personswho are committed or transferred under s . 51 .35 (3) or 51 .37or under ch . 971 or 975 and who, while under this status, aretransferred to a hospital, as defined in s . 50 .33 (2), for medicalcare may be isolated for security reasons within lockedfacilities in the hospital . Patients who are committed ortransferred under s. 51 .35 (3) or 51 .37 or under ch . 971 or 975may be restrained for security reasons during transport to orfrom the facility .

2. Patients in the maximum security facility at the Mendotamental health institute may be locked in their rooms duringthe night shift and for a period of no longer than one hourand 30 minutes during each change of shift by staff to permitstaff review of patient needs . Patients in the maximumsecurity facility at the Mendota mental health institute mayalso be locked in their rooms on a unit-wide or facility-widebasis as an emergency measure as needed for security pur-poses to deal with an escape or attempted escape, the discov-ery of a dangerous weapon in the unit or facility or the receiptof reliable information that a dangerous weapon is in the unitor facility or to prevent or control a riot or the taking of ahostage . A unit-wide or facility-wide emergency isolationorder may only be authorized by the director of the unit ormaximum security facility or his or her designee and shall beapproved within one hour after it is authorized by thedirector of the Mendota mental health facility or the direc-tor's designee . An emergency order for unit-wide or facility-

placement, except in the case of a patient who is admitted ortransferred under s . 51 .35 (3) or 51 .37 or under ch . 971 or 975 .

(fl Have a right to receive prompt and adequate treatment,rehabilitation and educational services appropriate for his orher condition.

(g) Have the following rights, under the following proce-dures, to refuse medication and treatment :

1 . Have the right to refuse all medication and treatmentexcept as ordered by the court under subd . 2, or in a situationin which the medication or treatment is necessary to preventserious physical harm to the patient or to others . Medicationand treatment during this period may be refused on religiousgrounds only as provided in par . (h) .

2. At or after the hearing to determine probable cause forcommitment but prior to the final commitment order, thecourt shall, upon the motion of any interested person, andmay, upon its own motion, hold a hearing to determinewhether there is probable cause to believe that the individualis not competent to refuse medication and whether themedication will have therapeutic value and will not unreason-ably impair the ability of the individual to prepare for orparticipate in subsequent legal proceedings . If the courtdetermines that there is probable cause to believe the allega-tions under this subdivision, the court shall issue an orderpermitting medication to be administered to the individualregardless of his or her consent. The order shall apply to theperiod between the date of the issuance of the order and thedate of the final order under s . 51 .20 (13), unless the courtdismisses the petition for commitment or specifies a shorterperiod. The hearing under this subdivision shall meet therequirements of s . 51 .20 (5), except for the right to a jury trial .

3. Following a final commitment order, have the right toexercise informed consent with regard to all medication andtreatment unless the committing court or the court in thecounty in which the individual is located makes a determina-tion, following a hearing, that the person is not competent torefuse medication or unless a situation exists in which themedication or treatment is necessary to prevent seriousphysical harm to the patient or others . The hearing under thissubdivision shall meet the requirements of s . 51 .20 (5), exceptfor the right to a jury trial .4. For purposes of a determination under subd. 2 or 3, an

individual is not competent to refuse medication if, becauseof mental illness, developmental disability, alcoholism ordrug dependence, the individual is incapable of expressing anunderstanding of the advantages and disadvantages of ac-cepting treatment, and the alternatives to accepting theparticular treatment offered, after the advantages, disadvan-tages and alternatives have been explained to the individual .

(h) Have a right to be free from unnecessary or excessivemedication at any time. No medication may be administeredto a patient except at the written order of a physician . Theattending physician is responsible for all medication which isadministered to a patient . A record of the medication whichis administered to each patient shall be kept in his or hermedical records . Medication may not be used as punishment,for the convenience of staff, as a substitute for a treatmentprogram, or in quantities that interfere with a patient'streatment program. Except when medication or medicaltreatment has been ordered by the court under par . (g) or isnecessary to prevent serious physical harm to others asevidenced by a recent overt act, attempt or threat to do suchharm, a patient may refuse medications and medical treat-ment if the patient is a member of a recognized religiousorganization and the religious tenets of such organizationprohibit such medications and treatment . The individualshall be informedd of this right prior to administration of

51 .61 MENTAL HEALTH ACT 87-88 Wis. Stats . 1108


be filmed or taped for security purposes without the patient'sconsent, except that such a patient may not be filmed inpatient bedrooms or bathrooms for any purpose without thepatient's consent.

(p) Be permitted to make and receive telephone calls withinreasonable limits .

(q) Be permitted to use and wear his or her own clothingand personal articles, or be furnished with an adequateallowance of clothes if none are available . Provision shall bemade to launder the patient's clothing .

(r) Be provided access to a reasonable amount of individ-ual secure storage space for his or her own private use .

(s) Have reasonable protection of privacy in such mattersas toileting and bathing .

(t) Be permitted to see visitors each day.(2) A patient's rights guaranteed under sub . (1) (p) to (t)

may be denied for cause after review by the director of thefacility, and may be denied when medically or therapeuticallycontraindicated as documented by the patient's physician orlicensed psychologist in the patient's treatment record . Theindividual shall be informed in writing of the grounds forwithdrawal of the right and shall have the opportunity for areview of the withdrawal of the right in an informal hearingbefore the director of the facility or his or her designee . Thereshall be documentation of the grounds for withdrawal ofrights in the patient's treatment record . After an informalhearing is held, a patient or his or her representative maypetition for review of the denial of any right under thissubsection through the use of the grievance procedure pro-vided in sub . (5) or, alternatively or in addition to the use ofsuch procedure, may bring an action under sub . (7) .

(3) The rights accorded to patients under this section applyto patients receiving services in outpatient and day-servicefacilities, insofar as applicable .

(4) (a) Each facility which conducts research upon humansubjects shall establish a research and human rights commit-tee consisting of not less than 5 persons with varying back-grounds to assure complete and adequate review of researchactivities commonly conducted by the facility. The commit-tee shall be sufficiently qualified through the maturity, expe-rience and expertise of its members and diversity of itsmembership to ensure respect for its advice and counsel forsafeguarding the rights and welfare of human subjects . Inaddition to possessing the professional competence necessaryto review specific activities, the committee shall be able toascertain the acceptability of proposals in terms of commit-ments of the facility and federal regulations, applicable law,standards of professional conduct and practice, and commu-nity attitudes .

(b) No member of a committee may be directly involved inthe research activity or involved in either the initial orcontinuing review of an activity in which he or she has aconflicting interest, except to provide information requestedby the committee .

(c) No committee may consist entirely of persons who areofficers, employes or agents of or are otherwise associatedwith the facility, apart from their membership on thecommittee .

(d) No committee may consist entirely of members of asingle professional group .

(e) A majority of the membership of the committee consti-tutes a quorum to do business .

(5) (a) The department shall establish procedures to assureprotection of patients' rights guaranteed under this chapter,and shall implement a grievance procedure to assure thatrights of patients under this chapter are protected and en-forced by the department, by service providers and by county

wide isolation may only be in effect for the period of timeneeded to preserve order while dealing with the situation andmay not be used as a substitute for adequate staffing. Duringa period of unit-wide or facility-wide isolation, the status ofeach patient shall be reviewed every 30 minutes to ensure thesafety and comfort of the patient and each patient who islocked in a room without a toilet shall be given an opportu-nity to use a toilet at least once every hour, or more frequentlyif medically indicated . Each unit in the maximum securityfacility at the Mendota mental health institute shall have awritten policy covering the use of isolation which ensures thatthe dignity of the individual is protected, that the safety of theindividual is secured and that there is regular, frequentmonitoring by trained staff to care for bodily needs as may berequired . Each policy shall be reviewed and approved by thedirector of the Mendota mental health institute or the direc-tor's designee .

(j) Have a right not to be subjected to experimentalresearch without the express and informed consent of thepatient and of the patient's guardian after consultation withindependent specialists and the patient's legal counsel . Suchproposed research shall first be reviewed and approved by theinstitution's research and human rights committee createdunder sub. (4) and by the department before such consentmay be sought. Prior to such approval, the committee andthe department shall determine that research complies withthe principles of the statement on the use of human subjectsfor research adopted by the American Association on MentalDeficiency, and with the regulations for research involvinghuman subjects required by the U .S. department of healthand human services for projects supported by that agency .

(k) Have a right not to be subjected to treatment proce-dures such as psychosurgery, or other drastic treatmentprocedures without the express and informed consent of thepatient after consultation with his or her counsel and legalguardian, if any . Express and informed consent of the patientafter consultation with the patient's counsel and legal guard-ian, if any, is required for the use of electroconvulsivetreatment .

(1) Have the right to religious worship within the facility ifthe patient desires such an opportunity and a clergyman ofthe patient's religious denomination or society is available tothe facility . The provisions for such worship shall be avail-able to all patients on a nondiscriminatory basis. Noindividual may be coerced into engaging in any religiousactivities .

(m) Have a right to a humane psychological and physicalenvironment within the hospital facilities. These facilitiesshall be designed to afford patients with comfort and safety,to promote dignity and ensure privacy . Facilities shall also bedesigned to make a positive contribution to the effectiveattainment of the treatment goals of the hospital .

(n) Have the right to confidentiality of all treatmentrecords, have the right to inspect and copy such records, andhave the right to challenge the accuracy, completeness, timeli-ness or relevance of information relating to the individual insuch records, as provided in s . 51 .30.

(o) Except as otherwise provided, have a right not to befilmed or taped, unless the patient signs an informed andvoluntary consent which specifically authorizes a namedindividual or group to film or tape the patient for a particularpurpose or project during a specified time period . The patientmay specify in such consent periods during which, or situa-tions in which, the patient may not be filmed or taped . If apatient is legally incompetent, such consent shall be grantedon behalf of the patient by the patient's guardian . A patientin Goodland hall at the Mendota mental health institute may



departments under ss . 51 .42 and 51 .437. The proceduresestablished by the department under this subsection do notapp ly to patients in private hospitals or public generalhospitals except for patients who are admitted through thedepartment or a county department under s . 51 .42 or 51 .437,or who are admitted in accordance with a written agreementbetween the hospital and the department or a county depart-ment under s. 51 .42 or 51 .437 .

(b) Each private hospital or public general hospital receiv-ing patients who are subject to this section shall establish agrievance procedure to assure the protection of patients'rights under this section.

(6) Subject to the rights of patients provided under thischapter, the department, county departments under s . 51 .42or 51 .437 and any agency providing services under an agree-ment with the department or those county departments havethe right to use customary and usual treatment techniquesand procedures in a reasonable and appropriate manner inthe treatment of patients who are receiving services under themental health system, for the purpose of ameliorating theconditions for which the patients were admitted to thesystem . The written, informed consent of any patient shallfirst be obtained, unless the person has been found notcompetent to refuse medication and treatment under s . 51 .61(1) (g) . In the case of a minor, the written, informed consentof the parent or guardian is required . Except as providedunder an order issued under s . 51 .14 (3) (h) or (4) (g), if theminor is 14 years of age or older, the written, informedconsent of the minor and the minor's parent or guardian isrequired. A refusal of either a minor 14 years of age or olderor the minor's parent or guardian to provide written, in-formed consent for outpatient mental health treatment isreviewable under s. 51 .14 .

(7) (a) Any patient whose rights are protected under thissection who suffers damage as the result of the unlawfuldenial or violation of any of these rights may bring an actionagainst the person, including the state or any political subdi-vision thereof, which unlawfully denies or violates the right inquestion. The individual may recover any damages as may beproved, together with exemplary damages of not less than$100 for each violation and such costs and reasonable actualattorney fees as may be incurred .

(b) Any patient whose rights are protected under thissection may bring an action against any person, including thestate or any political subdivision thereof, which wilfully,knowingly and unlawfully denies or violates any of his or herrights protected under this section . The patient may recoversuch damages as may be proved together with exemplarydamages of not less than $500 nor more than $1,000 for eachviolation, together with costs and reasonable actual attorneyfees . It is not a prerequisite to an action under this paragraphthat the plaintiff suffer or be threatened with actual damages .

(c) Any patient whose rights are protected under thissection may bring an action to enjoin the unlawful violationor denial of rights under this section and may in the sameaction seek damages as provided in this section . The individ-ual may also recover costs and reasonable actual attorneyfees if he or she prevails .

(d) Use of the grievance procedure established under sub .(5) is not a prerequisite to bringing an action under thissubsection .

(8) Any informed consent which is required under sub. (1)(a) to (i) may be exercised by the patient's legal guardian if thepatient has been adjudicated incompetent and the guardian isso empowered, or by the parent of the patient if the patient isa minor .

51 . 62 Protection and advocacy system . (1) DEFINITIONS . Inthis section :

(a) "Developmental disability" means a severe, chronicdisability of a person that is characterized by all of thefollowing :

1 . Is attributable to a mental or physical impairment or acombination of a mental and a physical impairment .

2. Is manifested before the person has attained the age of22 .

3 . Is likely to continue indefinitely .4 . Results in substantial functional limitation in at least 3

of the following areas of major life activity :a . Self-care .b . Receptive and expressive language .c. Learning .d. Mobility .e . Self-direction .f. Capacity for independent living .g. Economic self-sufficiency .5 . Requires a combination and sequence of special inter-

discipl inary or generic care, treatment or other services thatare of lifelong or extended duration and are individuallyplanned and coordinated .

(b) " Inpatient health care facility" has the meaning pro-vided under s . 140.86 (1), except that it does includecommunity-based residential facilities as defined under s .50.01 (Ig) .

(bm) "Mental illness" means mental disease to such extentthat a person so afflicted requires care and treatment for hisor her welfare, or the welfare of others, or of the communityand is an inpatient or resident in a facility rendering care ortreatment or has been discharged from the facility for notmore than 90 days.

(c) "Protection and advocacy agency" means an entitydesignated by the governor to implement a system to protectand advocate the rights of persons with developmental disa-bilities, as authorized under 42 USC 6012 or mental illness, asauthorized under 42 USC 10801 to 10851 .

(2) DESIGNATION . (a) The governor shall designate as theprotection and advocacy agency a private, nonprofit corpo-ration that is independent of all of the following :

1 . A state agency .2. The council on developmental disabilities and the coun-

cil on mental health .3. An agency that provides treatment, services or habilita-

tion to persons with developmental disabilities or mentalillness.

(b) After the governor has designated a protection andadvocacy agency under par. (a), the protection and advocacyagency so designated shall continue in that capacity unlessand until the governor redesignates the protection and advo-cacy agency to another private, nonprofit corporation thatmeets the requirements of par. (a). The governor mayredesignate this private, nonprofit corporation the protectionand advocacy agency only if all of the following conditionsare met : .

1 . Good cause exists for the redesignation .2. Prior notice and an opportunity to comment on a

proposed redesignation has been given to all of the following :


(9) The department shall promulgate r ul es to impl ementthi s section .

History : 1975 c. 430; 1977 c . 428 ss . 96 to 109 , 115 ; 1981 c. 20 ; 1981 c . 314s. 144 ; 1983 a. 189 s . 329 (5); 1983 a . 293, 357 , 538 ; 1 985 a . 176; 1987 a . 366 ,367, 403.

Patient in state facility recovered fees under (7) (c) from county . Matter ofProtective Placement of J . S., 144 W (2d) 670,424 NW (2d) (Ct. App. 1988) .

Nonconsensual drug therapy did not violate due process . Stensvad v . Reiv-itz, 601 F Supp . 128 (1985) .


51 .75 Interstate compact on mental health . The interstatecompact on mental health is enacted into law and entered intoby this state with all other states legally joining thereinsubstantially in the following form:

THE INTERSTATE COMPACT ONMENTAL HEALTH .

The contracting states solemnly agree that :(1) ARTICLE I. The party states find that the proper and

expeditious treatment of the mentally ill and mentally defi-cient can be facilitated by cooperative action, to the benefit ofthe patients, their families and society as a whole . Further,the party states find that the necessity of and desirability forfurnishing such care and treatment bears no primary relationto the residence or citizenship of the patient but that, on thecontrary, the controlling factors of community safety andhumanitarianism require that facilities and services be madeavailable for all who are in need of them . Consequently, it isthe purpose of this compact and of the party states to providethe necessary legal basis for the institutionalization or otherappropriate care and treatment of the mentally ill and men-tally deficient under a system that recognizes the paramountimportance of patient welfare and to establish the responsi-bil ities of the party states in terms of such welfare .

(2) ARTICLE II. As used in this compact :(a) "Aftercare" means care, treatment and services pro-

vided a patient, as defined herein, on convalescent status orconditional release.

(b) "Institution" means any hospital or other facilitymaintained by a party state or political subdivision thereoffor the care and treatment of mental illness or mentaldefic iency .

(c) "Mental deficiency" means mental deficiency as de-fined by appropriate clinical authorities to such extent that aperson so afflicted is incapable of managing himself and hisaffairs, but shall not include mental illness as defined herein .

(d) "Mental illness" means mental disease to such extentthat a person so afflicted requires care and treatment for hisown welfare, or the welfare of others, or of the community .

(e) "Patient" means any person subject to or eligible asdetermined by the laws of the sending state, for institutional-ization or other care, treatment or supervision pursuant tothe provisions of th is compact .

51 .67 Alternate procedure ; protective services . I f, afterhearing under s . 51 .13 (4) or 51 .20, the court finds thatcommitment under this chapter is not warranted and that thesubject individual is a fit subject for guardianship and protec-tive placement or services, the court may, without furthernoti ce, appoint a temporary guardian for the subject individ-ual and order temporary protective placement or servicesunder ch . 55 for a period not to exceed 30 days . The courtmay order psychotropic medication as a temporary protec-tive service under this section if it finds that there is probablecause to believe the individua l is not competent to refuse

1111 87 -88 Wis . Stats.

a. The council on developmental disabilities and the coun-cil on mental health .

b. Major organizations, in the state, of persons withdevelopmental disabilities or mental illness and families andrepresentatives of these persons .

(c) If the governor has designated a protection and advo-cacy agency before July 20, 1985, that entity shall continue inthat capacity unless and until the governor redesignates theprotection and advocacy agency to another private, non-profit corporation that meets the requirements of par . (a) .

(3) AGENCY POWERS AND DUTIES. (a) The protection andadvocacy agency may :

1 . Pursue legal, administrative and other appropriate rem-edies to ensure the protection of the rights of persons withdevelopmental disabilities or mental illness and to provideinformation on and referral to programs and services ad-dressing the needs of persons with developmental disabilitiesor mental illness .

2. Have access to records as specified under ss . 51 .30 (4) (b)18 and 146.82 (2) (a) 9 .

3 . Contract with a private, nonprofit corporation to conferto that corporation the powers and duties specified for theprotection and advocacy agency under this subsection, exceptthat the corporation may have access to records as specifiedunder ss . 5130 (4) (b) 18 and 146 .82 (2) (a) 9 only if all of thefollowing conditions are met :

a. The contract of the corporation with the protection andadvocacy agency so provides.

b. The department has approved the access .(b) The protection and advocacy agency shall pay reason-

able costs related to the reproducing or copying of patienthealth care or treatment records .

(4) DEPARTMENTAL DUTIES. The department shall providethe protection and advocacy agency with copies of annualsurveys and plans of correction for intermediate care facilitiesfor the mentally retarded on or before the first day of the 2ndmonth commencing after completion of the survey or plan .

History: 1985 a . 29; 1987 a . 161 s . 13m ; 1987 a. 399 .

51 .63 Private pay for patients. Any person may pay, inwhole or in part, for the maintenance and clothing of anymentally ill, developmentally disabled, alcoholic or drugdependent person at any institution for the treatment ofpersons so afflicted, and his or her account shall be creditedwith the sums paid . The person may also be likewise providedwith such special care in addition to those services usuallyprovided by the institution as is agreed upon with thedirector, upon payment of the charges therefor .History: 1975 c. 430 .

51 . 65 Segregation of tuberculosis patients . The depart-ment shall make provision for the segregation of tuberculosispatients in the state-operated and community-operated facili-ties, and for that purpose may set apart facilities and equipfacilities for the care and treatment of such patients .

History : 1975 c . 430.


psychotropic medication and that the medication orderedwill have therapeutic value and will not unreasonably impairthe ability of the individual to prepare for and participate insubsequent legal proceedings . An individual is not competentto refuse psychotropic medication if, because of chronicmental illness, the individual is incapable of expressing anunderstanding of the advantages and disadvantages of ac-cepting treatment, and the alternatives to accepting theparticular treatment offered, after the advantages, disadvan-tages and alternatives have been explained to the individual .If the court orders temporary protective placement for anindividual under the age of 22 years in a center for thedevelopmentally disabled, this placement may be made onlyat the central center for the developmentally disabled unlessthe department authorizes the placement or transfer to thenorthern or southern center for the developmentally disabled .Any interested party may then file a petition for permanentguardianship or protective placement or services, includingmedication, under ch . 55 . If the individual is in a treatmentfacility, the individual may remain in the facility during theperiod of temporary protective placement if no other appro-priate facility is available.History: 1975 c. 430; 1977 c. 187, 428; 1979 c. 89, 336 ; 1985 a . 29 ; 1987 a .

366.


jeopardized thereby, the patient may receive aftercare orsupervision in the receiving state .

(c) In supervising, treating or caring for a patient onaftercare pursuant to the terms of this subsection, a receivingstate shall employ the same standards of visitation, examina-tion, care and treatment that it employs for similar localpatients .

(5) ARTICLE V. Whenever a dangerous or potentiallydangerous patient escapes from an institution in any partystate, that state shall promptly notify all appropriate authori-ties within and without the jurisdiction of the escape, in amanner reasonably calculated to facilitate the speedy appre-hension of the escapee . Immediately upon the apprehensionand identification of any such dangerous or potentiallydangerous patient, he shall be detained in the state wherefound, pending disposition in accordance with law .

(6) ARTICLE VI . The duly accredited officers of any stateparty to this compact, upon the establishment of their author-ity and the identity of the patient, shall be permitted totransport any patient being moved pursuant to this compactthrough any state party to this compact, without interference .

(7) ARTICLE VII. (a) No person shall be deemed a patient ofmore than one institution at any given time . Completion oftransfer of any patient to an institution in a receiving stateshall have the effect of making the person a patient of theinstitution in the receiving state .

(b) The sending state shall pay all costs of and incidental tothe transportation of any patient pursuant to this compact,but any 2 or more party states may, by making a specificagreement for that purpose, arrange for a different allocationof costs as among themselves .

(c) No provision of this compact shall be construed to alteror affect any internal relationships among the departments,agencies and officers of and in the government of a partystate, or between a party state and its subdivisions, as to thepayment of costs or responsibilities therefor.

(d) Nothing in this compact shall be construed to preventany party state or subdivision thereof from asserting anyright against any person in regard to costs for which suchparty state or subdivision thereof may be responsible pursu-ant to any provision of this compact .

(e) Nothing in this compact shall be construed to invalidateany reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatmentof the mentally ill or mentally deficient or any statutoryauthority pursuant to which such agreements may be made .

(8) ARTICLE VIII. (a) Nothing in this compact shall beconstrued to abridge, diminish or in any way impair therights, duties and responsibilities of any patient's guardian onhis own behalf or in respect of any patient for whom he mayserve, except that where the transfer of any patient to anotherjurisdiction makes advisable the appointment of a supple-mental or substitute guardian, any court of competent juris-diction in the receiving state may make such supplemental orsubstitute appointment and the court which appointed theprevious guardian shall, upon being duly advised of the newappointment, and upon the satisfactory completion of suchaccounting and other acts as such court by law requires,relieve the previous guardian of power and responsibility towhatever extent is appropriate in the circumstances . In thecase of any patient having settlement in the sending state, thecourt of competent jurisdiction in the sending state has thesole discretion to relieve a guardian appointed by it orcontinue his power and responsibility, whichever it deemsadvisable. The court in the receiving state may, in itsdiscretion, confirm or reappoint the person previously serv-

51.75 MENTAL HEALTH ACT

(0 "Receiving state" means a party state to which a patientis transported pursuant to the provisions of the compact or towhich it is contemplated that a patient may be so sent.

(g) "Sending state" means a party state from which apatient is transported pursuant to the provisions of thecompact or from which it is contemplated that a patient maybe so sent.

(h) "State" means any state, territory or possession of theUnited States, the District of Columbia, and the Common-wealth of Puerto Rico .

(3) ARTICLE III. (a) Whenever a person physically presentin any party state is in need of institutionalization by reasonof mental illness or mental deficiency, he shall be eligible forcare and treatment in an institution in that state irrespectiveof his residence, settlement or citizenship, qualifications .

(b) The provisions of par . (a) to the contrary notwithstand-ing any patient may be transferred to an institution in anotherstate whenever there are factors based upon clinical determi-nations indicating that the care and treatment of said patientwould be facilitated or improved thereby . Any such institu-tionalization may be for the entire period of care and treat-ment or for any portion thereof. The factors referred to inthis paragraph include the patient's full record with dueregard for the location of the patient's family, character of theillness and probable duration thereof, and such other factorsas are considered appropriate .

(c) No state is obliged to receive any patient under par . (b)unless the sending state has given advance notice of itsintention to send the patient, furnished all available medicaland other pertinent records concerning the patient and giventhe qualified medical or other appropriate clinical authoritiesof the receiving state an opportunity to examine the patient ifsaid authorities so wish, and unless the receiving state agreesto accept the patient .

(d) If the laws of the receiving state establish a system ofpriorities for the admission of patients, an interstate patientunder this compact shall receive the same priority as a localpatient and shall be taken in the same order and at the sametime that he would be taken if he were a local patient .

(e) Pursuant to this compact, the determination as to thesuitable place of institutionalization for a patient may bereviewed at any time and such further transfer of the patientmay be made as seems likely to be in the best interest of thepatient.

(4) ARTICLE IV . (a) Whenever, pursuant to the laws of thestate in which a patient is physically present, it is determinedthat the patient should receive aftercare or supervision, suchcare or supervision may be provided in a receiving state . Ifthe medical or other appropriate clinical authorities havingresponsibility for the care and treatment of the patient in thesending state have reason to believe that aftercare in anotherstate would be in the best interest of the patient and would notjeopardize the public safety, they shall request the appropri-ate authorities in the receiving state to investigate the desira-bility of affording the patient such aftercare in said receivingstate, and such investigation shall be made with all reasonablespeed. The request for investigation shall be accompanied bycomplete information concerning the patient's intended placeof residence and the identity of the person in whose charge itis proposed to place the patient, the complete medical historyof the patient and such other documents as are pertinent .

(b) If the medical or other appropriate clinical authoritieshaving responsibility for the care and treatment of the patientin the sending state and the appropriate authorities in thereceiving state find that the best interest of the patient wouldbe served thereby, and if the public safety would not be

87-88 Wis . Stats . 1112


ing as guardian in the sending state in lieu of making asupplemental or substitute appointment .

(b) The term "guardian" as used in par . (a) includes anyguardian, trustee, legal committee, conservator or otherperson or agency however denominated who is charged bylaw with power to act for or responsibility for the person orproperty of a patient .

(9) ARTICLE IX. (a) No provision of this compact exceptsub. (5) applies to any person institutionalized while undersentence in a penal or correctional institution or while subjectto trial on a criminal charge, or whose institutionalization isdue to the commission of an offense for which, in the absenceof mental illness or mental deficiency, said person would besubject to incarceration in a penal or correctional institution.

(b) To every extent possible, it is the policy of states partyto this compact that no patient shall be placed or detained inany prison, jail or lockup, but such patient shall, with allexpedition, be taken to a suitable institutional facility formental illness or mental deficiency .

(10 ) ARTICLE X. (a) Each party state shall appoint a"compact administrator" who, on behalf of his state, shall actas general coordinator of activities under the compact in hisstate and who shall receive copies of all reports, correspon-dence and other documents relating to any patient processedunder the compact by his state either in the capacity ofsending or receiving state . The compact administrator or hisduly designated representative shall be the official with whomother party states shall deal in any matter relating to thecompact or any patient processed thereunder .

(b) The compact administrators of the respective partystates shall have power to promulgate reasonable rules andregulations to carry out more effectively the terms andprovisions of this compact .

( 11 ) ARTICLE XI . The duly constituted administrativeauthorities of any 2 or more party states may enter intosupplementary agreements for the provision of any service orfacility or for the maintenance of any institution on a joint orcooperative basis whenever the states concerned find thatsuch agreements will improve services, facilities or institu-tional care and treatment in the fields of mental illness ormental deficiency. No such supplementary agreement shallbe construed so as to relieve any party state of any obligationwhich it otherwise would have under other provisions of thiscompact.

(12) ARTICLE XII. This compact enters into full force andeffect as to any state when enacted by it into law and suchstate shall thereafter be a party thereto with all states legallyjoining therein .

(13) ARTICLE XIII . (a) A state party to this compact maywithdraw therefrom by enacting a statute repealing the same.Such withdrawal takes effect one year after notice thereof hasbeen communicated officially and in writing to the governorsand compact administrators of all other party states. How-ever, the withdrawal of any state shall not change the status ofany patient who has been sent to said state or sent out of saidstate pursuant to the provisions of the compact .

(b) Withdrawal from any agreement permitted by sub . (7)(b) as to costs or from any supplementary agreement madepursuant to sub . (1 1 ) shall be in accordance with the terms ofsuch agreement .

(14) ARTICLE XIV. This compact shall be liberally con-strued so as to effectuate the purpose thereof. The provisionsof this compact are severable and if any phrase, clause,sentence or provision of this compact is declared to becontrary to the co nsti t ution of any party state, or of theUnited States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of

51 .77 Transfer of patients . (1) In this section "relatives"means the patient's spouse, parents, grandparents, adultchildren, adult siblings, adult aunts, adult uncles and adultcousins, and any other relative with whom the patient hasresided in the previous 10 years .

( 2) Transfer of patients out of Wisconsin to another stateunder the interstate compact on mental health shall be uponrecommendation of no less than 3 physicians licensed underch. 448 appointed by the court of competent jurisdiction andshall be only in accord with the following requirements :

(a) That the transfer be requested by the patient's relativesor guardian or a person with whom the patient has resided fora substantial period on other than a commercial basis . Thisrequirement does not preclude the compact administrator orthe institution in which the patient is in residence fromsuggesting that relatives or the guardian request suchtransfer .

(b) That the compact administrator determine that thetransfer of said patient is in his best interest .

(c) That the patient have either interested relatives in thereceiving state or a determinable interest in the receivingstate .

(d) That the patient, guardian and relatives, as determinedby the patient's records, whose addresses are known or canwith reasonable diligence be ascertained, be notified .

(e) That none of the persons given notice under par . (d)object to the transfer of said patient within 30 days of receiptof such notice .

(f) That records of the intended transfer, including proof ofservice of notice under par. (d) be reviewed by the courtassigned to exercise probate jurisdiction for the county inwhich the patient is confined or by any other court which arelative or guardian requests to do so .

(3) If the request for transfer of a patient is rejected for anyof the reasons enumerated under sub. (2), the compactadministrator shall notify all persons making the request as towhy the request was rejected and of his right to appeal thedecision to a competent court .

(4) If the patient, guardian or any relative feels that theobjections of other relatives or of the compact administratorraised under sub. (2) are not well-founded in preventingtransfer, such person may appeal the decision not to transferto a competent court having jurisdiction which shall deter-mine, on the basis of evidence by the interested parties andpsychiatrists, psychologists and social workers who are ac-quainted with the case, whether transfer is in the best interestsof the patient . The requirements of sub . (2) (c) shall apply tothis subsection .

1113 87-88 Wis . Stat s . MENTAL HEALTH ACT 51 .77

the remainder of this compact and the applicability thereof toany government, agency, person or circumstance shall not beaffected thereby . I f this compact is held contrary to theconstitution of any party state thereto, the compact shallremain in full force and effect as to the remaining states and infull force and effect as to the state affected as to all severablematters .Histor y : 1981 c . 390 ; 1983 a . 189 .

51 .76 Compact administrator . Pursuant to the interstatecompact on mental health, the secretary shall be the compactadministrator and, acting jointly with like officers of otherparty states, may promulgate rules to carry out more effec-tively the terms of the compact . The compact administratorshall cooperate with all departments, agencies and officers ofand in the government of this state and its subdivisions infacilitating the proper administration of the compact or anysupplementary agreement entered into by this statethereunder.


51 .87 Interstate contracts for services under this chapter .(1) PURPOSE AND POLICY . The purpose of this section is toenable appropriate treatment to be provided to individuals,across state lines from the individuals' state of residence, inqualified facilities that are closer to the homes of the individu-als than are facilities available in their home states .

( 2) DEFINITIONS. In this section:(a) "Receiving agency" means a public or private agency

or county department which, under this section, providestreatment to individuals from a state other than the state inwhich the agency or county department is located .

(b) "Receiving state" means the state in which a receivingagency is located.

(c) "Sending agency" means a public or private agencylocated in a state which sends an individual to another statefor treatment under this section .

(d) "Sending state" means the state in which a sendingagency is located. '

(3) PURCHASE OF SERVICES. A county department under s.46.23, 51 .42 or 51 .437 may contract as provided under thissection with public or private agencies in states bordering onWisconsin to secure services under this chapter for personswho receive services through the county department, exceptthat services may not be secured for persons committed unders. 971 .14 or 971 .17. Section 46 .036 (1) to (6) applies tocontracts entered into under this section by county depart-ments under s . 46 .23, 51 .42 or 51 .437 .

(4) PROVISION OF SERVICES. A county department under s .46.23, 51 .42 or 51 .437 may contract as provided under thissection with public or private agencies in a state bordering onWisconsin to provide services under this chapter for residents

51 .83 Authentication of demand ; discharge ; costs. ( 1 )Whenever the executive authority of any state demands of theexecutive authority of this state, any fugitive within the


(5) The determination of mental illness or developmentaldisability in proceedings in this state requires a finding of acourt in accordance with the procedure contained ins . 51 .20.

History : 19755 c . 430; 1977 c. 449 .

51 .78 Supplementary agreements. The compact adminis-trator may enter into supplementary agreements with appro-priate officials of other states under s . 51 .75 (7) and (11) . Ifsuch supplementary agreements require or contemplate theuse of any institution or facility of this state or county orrequire or contemplate the provision of any service by thisstate or county, no such agreement shall take effect untilapproved by the head of the department or agency underwhose jurisdiction said institution or facility is operated orwhose department or agency will be charged with the render-ing of such service .

History: 198 1 c. 390 .

51 .79 Transmittal of copies . Duly authorized copies of ss .51.75 to 51 .80 shall, upon its approval , be transmitted by thesecretary of state to the governor of each state, the attorneygeneral and the administrator of general services of theUnited States and the council of state governments .

Hi story: 1 979 c. 89.

51 .80 Patients' ri ghts. Nothing in the interstate compact onmental health shall be construed to abridge, diminish or inany way impair the rights or liberties of any patient affectedby the compact .

51 .81 Uniform extradition of persons of unsound mind act;definition s. The terms "flight" and "fled" as used in ss . 51 .81to 51 .85 shall be construed to mean any voluntary or involun-tary departure from the jurisdiction of the court where theproceedings hereinafter mentioned may have been institutedand are still pending with the effect of avoiding, impeding ordelaying the action of the court in which such proceedingsmay have been instituted or be pending, or any such depar-ture from the state where the person demanded then was, if hethen was under detention by law as a person of unsound mindand subject to detention. The word "state" wherever used inss . 51 .81 to 51 .85 shall include states, territories, districts andinsular and other possessions of the United States . Asapplied to a request to return any person within the purviewof ss . 51 .81 to 51 .85 to or from the District of Columbia, thewords, "executive authority," "governor" and "chief magis-trate," respectively, shall include a justice of the supremecourt of the District of Columbia and other authority .H istory: 1971 c . 40 s. 93 .

51 .82 Delivery of certain nonresidents . A person a llegedto be of unsound mind found in this state, who has fled fromanother state, in which at the time of his flight : (a) He wasunder detention by law in a hospital, asylum or otherinstitution for the insane as a person of unsound mind ; or (b)he had been theretofore determined by legal proceedings tobe of unsound mind, the finding being unreversed and in fullforce and effect, and the control of his person having beenacquired by a court of competent jurisdiction of the statefrom which he fled; or (c) he was subject to detention in suchstate, being then his legal domicile (personal service ofprocess having been made) based on legal proceedings therepending to have him declared of unsound mind, shall ondemand of the executive authority of the state from which hefled, be delivered up to be removed thereto .

History: 1975 c . 4 30 .

87-88 Wis. Stats. 1114

purview of s . 51 .82 and produces a copy of the commitment,decree or other judicial process and proceedings, certified asauthentic by the governor or chief magistrate of the statewhence the person so charged has fled with an affidavit madebefore a proper officer showing the person to be such afugitive, it is the duty of the executive authority of this state tocause him to be apprehended and secured, if found in thisstate, and to cause immediate notice of the apprehension tobe given to the executive authority making such demand, orto the agent of such authority appointed to receive thefugitive, and to cause the fugitive to be delivered to such agentwhen he appears .

(2) If no such agent appears within 30 days from the time ofthe apprehension, the fugitive may be discharged . All costsand expenses incurred in the apprehending, securing, main-taining and transmitting such fugitive to the state makingsuch demand, shall be paid by such state . Any agent soappointed who receives the fugitive into his custody shall beempowered to transmit him to the state from which he hasfled. The executive authority of this state is hereby vestedwith the power, on the application of any person interested,to demand the return to this state of any fugitive within thepurview of ss . 51 .81 to 51 .85 .

History: 1971 c. 40 s. 93 .

51 .84 Limitation of time to commence proceeding . Anyproceed ings under ss . 51 .81 to 51 .85 shall be begun within oneyear after the flight referred to in ss . 51 .81 to 51 .85 .

History: 1971 c. 40 s . 93 ; 19 8 1 c. 3 14 s. 146 .Limitation peri o d commences on date comm itting state discovers patient in

asylum state . State ex rel. Melentowichv. Kli n k , 1 08 W(2d ) 374,321 NW(2d)z72 (t9s2).

51 .85 Interpretation. Sections 51.81 to 51.85 shall be sointerpreted and construed as to effectuate its general purposeto make uniform the law of those states which enact it .

History: 1971 c. 4 0 s. 93 .


the discharge of the individual or detain the individualpursuant to the emergency detention laws of the sendingstate.

(11) ESCAPED INDIVIDUALS . If an individual receiving ser-vices pursuant to a contract under this section escapes fromthe receiving agency and the individual at the time of theescape is subject to involuntary confinement under the law ofthe sending state, the receiving agency shall use all reasonablemeans to recapture the escapee . The receiving agency shallimmediately report the escape to the sending agency . Thereceiving state has the primary responsibility for, and theauthority to direct, the pursuit, retaking and prosecution ofescaped persons within its borders and is liable for the cost ofsuch action to the extent that it would be liable for costs if itsown resident escaped .

(12) TRANSFERS BETWEEN FACILITIES . An individual may betransferred between facilities of the receiving state if transfersare permitted by the contract under this section providing forthe individual's care .

(13) REQUIRED CONTRACT PROVISIONS. All contracts underthis section shall do all of the following :

(a) Establish the responsibility for the costs of all servicesto be provided under the contract .

(b) Establish the responsibility for the transportation ofclients to and from receiving facilities .

(c) Provide for reports by the receiving agency to thesending agency on the condition of each client covered by thecontract .

(d) Provide for arbitration of disputes arising out of theprovisions of the contract which cannot be settled throughdiscussion between the contracting parties and specify howarbitrators will be chosen .

(e) Include provisions ensuring the nondiscriminatorytreatment, as required by law, of employes, clients andapplicants for employment and services .

(f) Establish the responsibility for providing legal represen-tation for clients in legal proceedings involving the legality ofconfinement and the conditions of confinement .

(g) Establish the responsibility for providing legal repre-sentation for employes of the contracting parties in legalproceedings initiated by persons receiving treatment pursu-ant to the contract .

(h) Include provisions concerning the length of the con-tract and the means by which the contract can be terminated .

(i) Establish the right of qualified employes and represent-atives of the sending agency and sending state to inspect, at allreasonable times, the records of the receiving agency and itstreatment facilities to determine if appropriate standards ofcare are met for clients receiving services under the contract .

(j) Require the sending agency to provide the receivingagency with copies of all relevant legal documents autho-rizing confinement of persons who are confined pursuant tolaw of the sending state and receiving services pursuant to acontract under this section .

(k) Require individuals who are seeking treatment on avoluntary basis to agree in writing to be returned to thesending state upon making a request for discharge as pro-vided in sub. (10) and require an agent or employe of thesending agency to certify that the individual understands thatagreement .

(1) Establish the responsibility for securing a reexamina-tion for an individual and for extending an individual'speriod of confinement .

(m) Include provisions specifying when a receiving facility,can refuse to admit or retain an individual .

1115 87-88 Wis . Sta t s .

of the bordering state in approved treatment facilities in thisstate, except that services may not be provided for residentsof the bordering state who are involved in criminalproceedings .

(5) CONTRACT APPROVAL . A contract under this sectionmay not be validly executed until the department has re-viewed and approved the provisions of the contract, deter-mined that the receiving agency provides services in accord-ance with the standards of this state and the secretary hascertified that the receiving state's laws governing patientrights are substantially similar to those of this state .

(6) RESID ENCE NOT ESTABLISHED. No person establisheslegal residence in the state where the receiving agency islocated while the person is receiving services pursuant to acontract under this section .

(7) TREATMENT RECORDS. Section 51 .30 applies to treat-ment records of an individual receiving services pursuant to acontract under this section through a receiving agency in thisstate, except that the sending agency has the same right ofaccess to the treatment records of the individual as providedunder s . 51 .30 for a county department under s . 51 .42 or51 .437 .

(8) INVOLUNTARY COMMITM ENTS. An individual who isdetained, committed or placed on an involuntary basis unders . 51 .15, 51 .20 or 51 .45 or ch . 55 may be confined and treatedin another state pursuant to a contract under this section . Anindividual who is detained, committed or placed under thecivil law of a state bordering on Wisconsin may be confinedand treated in this state pursuant to a contract under thissection . Court orders valid under the law of the sending stateare granted recognition and reciprocity in the receiving statefor individuals covered by a contract under this section to theextent that the court orders relate to confinement for treat-ment or care of a mental disability . Such court orders are notsubject to legal challenge in the courts of the receiving state .Persons who are detained, committed or placed under the lawof a sending state and who are transferred to a receiving stateunder this section continue to be in the legal custody of theauthority responsible for them under the law of the sendingstate. Except in emergencies, those persons may not betransferred, removed or furloughed from a facility of thereceiving agency without the specific approval of the author-ity responsible for them under the law of the sending state .

(9) APPLICABLE LAWS. While in the receiving state pursuantto a contract under this section, an individual shall be subjectto all of the provisions of law and regulations applicable topersons detained, committed or placed pursuant to the corre-sponding laws of the receiving state, except those laws andregulations of the receiving state relating to length of confine-ment, reexaminations and extensions of confinement andexcept as otherwise provided by this section. The laws andregulations of the sending state relating to length of confine-ment, reexaminations and extensions of confinement sha llapply. No person may be sent to another state pursuant to acontract under this section until the receiving state hasenacted a law recognizing the validity and applicability of thisstate's laws as provided in this section .

(10) VOLUNTARY PLACEMENTS . I f an individual receivingtreatment on a vol untary basis pursuant to a contract underthis section requests discharge, the receiving agency shal limmediately notify the sending agency and shall return theindividual to the sending state as directed by the sendingagency within 48 hours after the request, excluding Satur-days, Sundays and legal holidays . The sending agency shallimmediately upon return of the individual either arrange for

MENTAL HEALTH ACT 51 .87Electronically scanned images of the official published statutes.

51 . 91 Supplemental aid . (1) DECLARATION OF POLICY. Thelegislature recognizes that mental health is a matter of state-wide and county concern and that the protection and im-provement of health are governmental functions . It is theintent of the legislature, therefore, to encourage and assistcounties in the construction of community mental healthfacilities, and public medical institutions as defined by rule ofthe department .

(2) ELIGIBILITY . (a) Any county which qualifies for addi-tional state aid under s . 51 .26, 1971 stats ., and has obtainedapproval for the construction of mental health facilitiespursuant to s . 46 .17 may apply for the financial assistanceauthorized by this section if such county has, at the time ofapplication for assistance, an existing obligation to payinterest on loans for the construction of mental healthfacilities approved pursuant to s. 46.17 .

(b) Any county may apply for the financial assistanceauthorized by this section if such county has, at the time ofapplication for assistance, an existing obligation to payinterest on loans for the construction of public medicalinstitutions as defined by rule of the department .

(c) Any county may apply for the financial assistanceauthorized by this section if such county has, at the time ofapplication for assistance, an existing obligation to payinterest on loans for the construction of mental healthfacilities as defined by rule of the department .

(d) No county may claim aid under this section on anysingle obligation for more than 20 years .

(e) Termination of eligibility for aid under s . 51 .26, 1971stats ., shall terminate eligibility for aid for the construction of

51 .95 Short t i tle . This chapter shall be known as the "StateAlcohol, Drug Abuse, Developmental Disabilities andMental Health Act" .

Hi story: 1975 c . 430 s . 59 ; Stats. 1975 s . 51 .95; 1 985 a. 264 .


(n) Specify the circumstances under which individuals willbe permitted home visits and granted passes to leave thefacility .History : 1 983 a. 365; 1 985 a. 176, 332 .

51 . 90 Antidiscrimination. No employe, prospective em-ploye, patient or resident of an approved treatment facility,or consumer of services provided under this chapter may bediscriminated against because of age, race, creed, color, sex orhandicap .History : 1975 c. 430.

87-88 Wis. Stats. 1116

mental health facilities, and failure to meet the requirementsestablished for public medical institutions by rule of thedepartment shall terminate eligibility for aid for the construc-tion of public medical institutions. Failure to meet therequirements for mental health facilities established by rule ofthe department shall terminate eligibility for aid for theconstruction of mental health facilities .

(f) Mental health facilities shall include services requiredfor the prevention, diagnosis, treatment and rehabilitation ofthe mentally ill, as established by rule of the department .

(3) LIMITATION OF MD. (a) Aid under this section shall bepaid only on interest accruing after January 1, 1967, or afterthe date construction begins, whichever is later .

(b) Until June 30, 1970, such aid shall be at the rate of 60%of the interest obligations eligible under this section or thatamount of such obligation as is equal to the percentage rate ofparticipation of the state set forth in s . 49 .52 (2), 1971 stats.,whichever is higher. The contribution of the state for suchinterest accruing in each fiscal year shall be controlled by thepercentage rate of participation under s . 49 .52 (2), 1971 stats .,on January 1 of that fiscal year . Beginning July 1, 1970, suchaid shall be at the rate of 100% .

(c) This section applies only to construction projectsapproved for state interest aid by the department of healthand social services prior to June 30, 1973 .

(4) APPLICATION FOR AID . Application for aid under thissection shall be filed with the department as prescribed by it .Such application shall include evidence of the existence of theindebtedness on which the county is obligated to pay interest .The department may by audit or investigation satisfy itself asto the amount and validity of the claim and, if satisfied, shallgrant the aid provided by this section . Payment of aid shall bemade to the county treasurer .

Hi story: 1 97 1 c . 125, 164, 211, 215; 1975 c. 430 s . 23 ; Stats. 1975 s . 51 .91 .


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