LRB-1212/1
TJD:sac:ph
2013 - 2014 LEGISLATURE
April 3, 2013 - Introduced by Joint Legislative Council. Referred to Committee
on Health and Human Services.
SB126,1,10 1An Act to repeal 51.13 (1) (c) 2. and 3.; to renumber and amend 51.13 (1) (c)
21.; to amend 51.13 (1) (title), 51.13 (1) (a) and (b), 51.13 (3) (b), 51.13 (4) (title),
351.13 (4) (a) (intro.) and 6., 51.13 (4) (d), 51.13 (4) (g) (intro.) and 1. c., 51.13 (6)
4(a) 3., 51.13 (7) (b) 1. to 3., 51.35 (3) (a) and (b) and 51.61 (6); and to create 51.13
5(1) (bm), 51.13 (1) (d) (title), 51.13 (1) (e) (title), 51.13 (1) (em) (title), 51.13 (3)
6(am) (title), 51.13 (3) (b) (title), 51.13 (3) (d) (title), 51.13 (3) (e) (title), 51.13 (4)
7(b) (title), 51.13 (4) (c) (title), 51.13 (4) (e) (title), 51.13 (4) (f) (title), 51.13 (4) (g)
84., 51.13 (4) (h) (title), 51.13 (4) (i) (title), 51.13 (6) (a) (title), 51.13 (6) (b) (title),
951.13 (6) (c) (title), 51.13 (7) (a) (title), 51.13 (7) (b) (title) and 51.13 (7) (c) (title)
10of the statutes; relating to: admission of minors for inpatient treatment.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Review of Emergency Detention and
Admission of Minors Under Chapter 51.
Under current law, s. 51.13, stats., governs inpatient mental health treatment of
minors. Section 51.13 (4), stats., requires a petition to be filed for the review of an
admission of a minor of any age for treatment of mental illness, alcoholism or drug abuse,
or developmental disability. Included in the petition must be a notation of any statement
made or conduct demonstrated by the minor in the presence of the director or staff of the
facility indicating that inpatient treatment is against the minor's wishes.
Also, under current law, a minor may be admitted to an inpatient treatment facility
without following the review procedures for diagnosis and evaluation or for dental,
medical, or psychiatric services, for no longer than 12 days. A minor's parent or guardian
must execute the application for short-term admission. However, if the minor is age 14
or older, the minor must join in the application if it is for mental health or developmental
disability services or treatment. If the minor refuses to do so, then the parent or guardian
may do so. In that case, the review procedures outlined above apply, and the facility's
treatment director must file a petition for review of the short-term admission.
An application for short-term admission must be reviewed by the facility's
treatment director, who may approve it only if the treatment director determines that the
admission provides the least restrictive means of providing the diagnosis or evaluation,
or provision of dental, medical, or psychiatric services. The minor must be released at the
end of the 12-day period unless a regular application for admission has been filed. Only
one short-term admission under this procedure may be made every 120 days.
Finally, testimony provided to the special committee indicated that, in some areas
of the state, there is little awareness of the ability of a parent of a minor age 14 or older
to obtain treatment for the minor if the minor does not want treatment. In some cases,
this lack of awareness has resulted in necessary treatment not being provided that could
have prevented harm to a minor.
This bill does the following:
Eliminates the need to file a petition for review of an admission of a minor under
age 14 for treatment of mental illness, alcoholism or drug abuse, or developmental
disability. Because under current law, parents have the authority to consent to inpatient
admission for minors under age 14 without the minor joining in the petition, the
committee recommended that the petition and hearing requirements in current law for
minors under age 14 are unnecessary and should be eliminated. A petition would still
be required if the minor wanted treatment but the parent refused; if a parent with legal
custody or guardian cannot be found; or if there is no parent or guardian.
Eliminates the need to file a petition for a minor age 14 to 17 who is voluntarily
participating in inpatient treatment for mental illness. A petition would still have to be
filed if the minor refused to join in the application, or if the parent with legal custody or
guardian cannot be found, or there is no parent with legal custody or guardian. A petition
would also still be required if the minor wanted treatment but the parent refused. It
should be noted that a minor age 14 or older may request discharge from the inpatient

facility at any time. If the request is denied, current law sets forth a procedure for
determining the continued appropriateness of the admission. This provides protection
of the minor's rights if the minor withdraws his or her consent to the treatment.
Eliminates the petition requirement at the expiration of the 12-day time period
if the admission was voluntary on the part of the minor and the parent.
Eliminates the provision that allows for no more than one short-term (up to 12
days) voluntary admission of a minor every 120 days.
Creates subsection and paragraph titles within s. 51.13 to provide guidance to the
reader regarding the subject matter of the subsections and paragraphs and eliminates
some redundant language in s. 51.13.
SB126,1 1Section 1. 51.13 (1) (title) of the statutes is amended to read:
SB126,3,22 51.13 (1) (title) Admission for treatment.
SB126,2 3Section 2. 51.13 (1) (a) and (b) of the statutes are amended to read:
SB126,3,144 51.13 (1) (a) Minors under 14 years of age. Except as provided in par. (c) and
5ss. 51.45 (2m) and 51.47, the application for admission of a minor who is 14 years of
6age or older to an approved inpatient treatment facility for the primary purpose of
7treatment for alcoholism or drug abuse and the application for admission
of a minor
8who is under 14 years of age to an approved inpatient treatment facility for the
9primary purpose of treatment for mental illness, developmental disability,
10alcoholism, or drug abuse shall be executed by a parent who has legal custody of the
11minor or the minor's guardian. Any statement or conduct by a minor who is the
12subject of an application for admission under this paragraph indicating that the
13minor does not agree to admission to the facility shall be noted on the face of the
14application and shall be noted in the petition required by sub. (4).
SB126,4,315 (b) Minors 14 years of age or older; mental illness or developmental disability.
16The application for admission of a minor who is 14 years of age or older to an approved
17inpatient treatment facility for the primary purpose of treatment for mental illness
18or developmental disability shall be executed by the minor and a parent who has
19legal custody of the minor or the minor's guardian, except as provided in par. (c) 1.,

1except that, if
. If the minor refuses to execute the application, a parent who has legal
2custody of the minor or the minor's guardian may execute the application on the
3minor's behalf, and the petition shall be filed as required under sub. (4).
SB126,3 4Section 3. 51.13 (1) (bm) of the statutes is created to read:
SB126,4,135 51.13 (1) (bm) Minors 14 years of age or older; alcoholism or drug abuse
6treatment.
Except as provided in par. (c) and ss. 51.42 (2m) and 51.47, the application
7for admission of a minor who is 14 years of age or older to an approved inpatient
8facility for the primary purpose of treatment for alcoholism or drug abuse shall be
9executed by a parent who has legal custody of the minor or the minor's guardian. Any
10statement or conduct by a minor who is the subject of an application for admission
11under this paragraph indicating that the minor does not agree to admission to the
12facility shall be noted on the face of the application and shall be noted in the petition
13required under sub. (4).
SB126,4 14Section 4. 51.13 (1) (c) 1. of the statutes is renumbered 51.13 (1) (c) and
15amended to read:
SB126,5,616 51.13 (1) (c) Lack of parent or guardian consent to treatment. If a minor 14 years
17of age or older
wishes to be admitted to an approved inpatient treatment facility but
18a parent with legal custody or the guardian refuses to execute the application for
19admission or
cannot be found, or if there is no parent with legal custody or guardian,
20or the parent with legal custody or guardian of a minor 14 years of age or older refuses
21to execute the application
, the minor or a person acting on the minor's behalf may
22petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the
23county of residence of the parent or guardian for approval of the admission. A copy
24of the petition and a notice of hearing shall be served upon the parent or guardian
25at his or her last-known address. If, after a hearing, the court determines that the

1consent of the parent or guardian is being unreasonably withheld, that the parent
2or
guardian cannot be found, or that there is no parent with legal custody, and that
3the admission is proper under the standards prescribed in sub. (4) (d), the court shall
4approve the minor's admission without the consent of the parent or guardian
under
5sub. (4). The court may, at the minor's request, temporarily approve the admission
6pending hearing on the petition, if such a hearing is required under sub. (4)
.
SB126,5 7Section 5. 51.13 (1) (c) 2. and 3. of the statutes are repealed.
SB126,6 8Section 6. 51.13 (1) (d) (title) of the statutes is created to read:
SB126,5,99 51.13 (1) (d) (title) Other petition filed.
SB126,7 10Section 7. 51.13 (1) (e) (title) of the statutes is created to read:
SB126,5,1111 51.13 (1) (e) (title) Admission on approval of application.
SB126,8 12Section 8. 51.13 (1) (em) (title) of the statutes is created to read:
SB126,5,1313 51.13 (1) (em) (title) Standards for approval of admission.
SB126,9 14Section 9. 51.13 (3) (am) (title) of the statutes is created to read:
SB126,5,1515 51.13 (3) (am) (title) Rights.
SB126,10 16Section 10. 51.13 (3) (b) (title) of the statutes is created to read:
SB126,5,1717 51.13 (3) (b) (title) Right to request discharge.
SB126,11 18Section 11. 51.13 (3) (b) of the statutes is amended to read:
SB126,6,219 51.13 (3) (b) Prior to or at admission, a minor who is voluntarily admitted under
20sub. (1) (c) 1. or 2., and the minor's parent or guardian, if available, shall be informed
21by the director or his or her designee, both orally and in writing, in easily
22understandable language, of the minor's right to request discharge and to be
23discharged within 48 hours of the request, as provided under sub. (7) (b), if no
24statement is filed for emergency detention or if no petition is filed for emergency

1commitment, involuntary commitment, or protective placement, and the minor's
2right to consent to or refuse treatment as provided in s. 51.61 (6).
SB126,12 3Section 12. 51.13 (3) (d) (title) of the statutes is created to read:
SB126,6,44 51.13 (3) (d) (title) Explanation of rights.
SB126,13 5Section 13. 51.13 (3) (e) (title) of the statutes is created to read:
SB126,6,66 51.13 (3) (e) (title) Availability of writing materials.
SB126,14 7Section 14. 51.13 (4) (title) of the statutes is amended to read:
SB126,6,88 51.13 (4) (title) Review Petition requirement; review procedure.
SB126,15 9Section 15. 51.13 (4) (a) (intro.) and 6. of the statutes are amended to read:
SB126,6,2510 51.13 (4) (a) (intro.) When petition filed. Within 3 days after the admission of
11a minor under sub. (1) (b), or within 3 days after an application is executed for
12admission of the minor, whichever occurs first, the treatment director of the facility
13or the center for the developmentally disabled to which the minor is admitted, or his
14or her designee or, in the case of a center for the developmentally disabled, the
15director of the center or his or her designee
, shall file a verified petition for review
16of the admission in the court assigned to exercise jurisdiction under chs. 48 and 938
17in the county in which the facility is located, if the minor is 14 years of age or older
18and refuses to join in the application; the minor wants treatment and the minor's
19parent with legal custody or guardian refuses to join in the application; there is no
20parent with legal custody or guardian; or the parent with legal custody or guardian
21cannot be found. If the parent or guardian is not the petitioner, a copy of the petition
22and a notice of hearing shall be served on the parent or guardian at his or her last
23known address
. A copy of the application for admission and of any relevant
24professional evaluations shall be attached to the petition. The petition shall contain
25all of the following:
SB126,7,4
16. Notation of any statement made or conduct demonstrated by the minor in
2the presence of the director or staff of the facility indicating that inpatient treatment
3is against the wishes of the minor
refusal of the minor 14 years of age or older to join
4in the application
.
SB126,16 5Section 16. 51.13 (4) (b) (title) of the statutes is created to read:
SB126,7,66 51.13 (4) (b) (title) Removal of petition.
SB126,17 7Section 17. 51.13 (4) (c) (title) of the statutes is created to read:
SB126,7,88 51.13 (4) (c) (title) Copy of petition.
SB126,18 9Section 18. 51.13 (4) (d) of the statutes is amended to read:
SB126,8,1410 51.13 (4) (d) Criteria for approving admission. Within 5 days after the filing
11of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938 shall
12determine, based on the allegations of the petition and accompanying documents,
13whether there is a prima facie showing that the minor is in need of psychiatric
14services, or services for developmental disability, alcoholism, or drug abuse, whether
15the treatment facility offers inpatient therapy or treatment that is appropriate to the
16minor's needs; whether inpatient care in the treatment facility is the least restrictive
17therapy or treatment consistent with the needs of the minor; and, if the minor is 14
18years of age or older and has been admitted to the treatment facility for the primary
19purpose of treatment for mental illness or developmental disability, whether the
20admission was made under an application executed by the minor and the minor's
21parent or guardian. If such a showing is made, the court shall permit admission. If
22the court is unable to make those determinations based on the petition and
23accompanying documents, the court may dismiss the petition as provided in par. (h);
24order additional information, including an independent evaluation, to be produced
25as necessary for the court to make those determinations within 7 days, exclusive of

1weekends and legal holidays, after admission or application for admission,
2whichever is sooner; or hold a hearing within 7 days, exclusive of weekends and legal
3holidays, after admission or application for admission, whichever is sooner. If a
4notation of the minor's unwillingness appears on the face of the petition, if
the
5admission was made under an application executed by the minor's parent or
6guardian despite the minor's refusal, or if a hearing has been requested by the minor
7or by the minor's counsel, parent, or guardian, the court shall order an independent
8evaluation of the minor and hold a hearing to review the admission, within 7 days,
9exclusive of weekends and legal holidays, after admission or application for
10admission, whichever is sooner, and shall appoint counsel to represent the minor if
11the minor is unrepresented. If the court considers it necessary, the court shall also
12appoint a guardian ad litem to represent the minor. The minor shall be informed
13about how to contact the state protection and advocacy agency designated under s.
1451.62 (2) (a).
SB126,19 15Section 19. 51.13 (4) (e) (title) of the statutes is created to read:
SB126,8,1616 51.13 (4) (e) (title) Notice of hearing.
SB126,20 17Section 20. 51.13 (4) (f) (title) of the statutes is created to read:
SB126,8,1818 51.13 (4) (f) (title) Rules, records, and findings.
SB126,21 19Section 21. 51.13 (4) (g) (intro.) and 1. c. of the statutes are amended to read:
SB126,9,720 51.13 (4) (g) Approval of admission. (intro.) If the court finds, under a hearing
21under par. (d), that the minor is in need of psychiatric services or services for
22developmental disability, alcoholism, or drug abuse in an inpatient facility, that the
23inpatient facility to which the minor is admitted offers therapy or treatment that is
24appropriate for the minor's needs and that is the least restrictive therapy or
25treatment consistent with the minor's needs, the court shall permit admission. If the

1court finds that the therapy or treatment in the inpatient facility to which the minor
2is admitted is not appropriate or is not the least restrictive therapy or treatment
3consistent with the minor's needs, the court may order placement in or transfer to
4another more appropriate or less restrictive inpatient facility, if the placement or
5transfer is first approved by all of the following, except that placement in or transfer
6to a center for the developmentally disabled shall first be approved by all of the
7following and the department
:
SB126,9,88 1. c. For a minor admitted under sub. (1) (c) 1. or 2., the minor.
SB126,22 9Section 22. 51.13 (4) (g) 4. of the statutes is created to read:
SB126,9,1110 51.13 (4) (g) 4. The department, if the placement or transfer is to a center for
11the developmentally disabled.
SB126,23 12Section 23. 51.13 (4) (h) (title) of the statutes is created to read:
SB126,9,1313 51.13 (4) (h) (title) Actions if petition not approved.
SB126,24 14Section 24. 51.13 (4) (i) (title) of the statutes is created to read:
SB126,9,1515 51.13 (4) (i) (title) Findings of review.
SB126,25 16Section 25. 51.13 (6) (a) (title) of the statutes is created to read:
SB126,9,1717 51.13 (6) (a) (title) Admission procedure.
SB126,26 18Section 26. 51.13 (6) (a) 3. of the statutes is amended to read:
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