Chapter 51 Civil Commitment Process: What Families Can Expect Galen Strebe, Dane County Assistant Corporation Counsel Sarah Henrickson, LCSW, Mental Health Center of Dane County November 17, 2009 Mental Health Act Chapter 51, Wisconsin Statutes
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Galen Strebe, Dane County Assistant Corporation Counsel
Sarah Henrickson, LCSW, Mental Health Center of Dane County
November 17, 2009
Provides legal procedures for voluntary and involuntary admission, treatment and rehabilitation of individuals (adults and minor children) afflicted with mental illness, developmental disability, drug dependency, or alcoholism.
A substantial disorder of thought, mood, perception, orientation, or memory, which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the demands of life, but does not include alcoholism.
A disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, or mental retardation, which is expected to continue indefinitely, and which constitutes a substantial handicap to the afflicted individual.
A disease which is characterized by the dependency of an individual who uses one or more drugs to the extent that the individual’s health is substantially impaired, or his/her social or economic functioning is substantially disrupted.
A disease which is characterized by the dependency of an individual on alcohol, to the extent that his/her health is substantially impaired or endangered, and his/her social or economic functioning is substantially disrupted.
4) Mental illness causes the individual to be so gravely disabled that he/she is unable to satisfy life’s basic needs for nourishment, medical care, shelter, or safety.
5) Individual’s psychiatric treatment history, coupled with his/her present mental deterioration due to incompetent decision to refuse psychotropic medication, causes likelihood that the individual will lose ability to function independently in the community.
Statutory: Those psychological, educational, social, chemical, medical, or somatic techniques designed to bring about the rehabilitation of an individual who has mental illness, developmental disability, drug dependency, or alcoholism.
Jury Instruction: An individual is a proper subject for treatment if the administration of treatment techniques may control, improve, or cure his/her mental illness, developmental disability, drug dependency, or alcoholism.
Law enforcement officers may take individual into custody, file a statement of emergency detention (ED), and detain that individual at an approved mental health facility based upon the officers’ belief, from either personal observation or reliable reports of others, that the individual is mentally ill, developmentally disabled, or drug dependent, and dangerous to self or others, and needs treatment.
Minors have the right to:
Parents/Legal Guardians have the right to:
If there is clear and convincing evidence that the individual is mentally ill, developmentally disabled, or drug dependent, and dangerous to self or others, and a proper subject for treatment, an individual may be committed by court order to the care and custody of the county department of community programs for inpatient and/or outpatient treatment for up to 6 months.
The court may order that medication may be administered to an individual regardless of his/her consent (involuntarily and/or forcibly):
The court must find sufficient evidence to believe that the individual is not competent to refuse, due to illness/disability/dependence, because he/she is:
Dane County Assistant Corporation Counsel
210 Martin Luther King Blvd Rm 419
Madison, WI 53703
Sarah Henrickson, LCSW
Youth Crisis, Mental Health Center of Dane County
625 W. Washington Avenue
Madison, WI 53703