LRB-2109/1
GMM:kaf:kat
1997 - 1998 LEGISLATURE
May 7, 1997 - Introduced by Senators Rosenzweig, Huelsman, Roessler, Panzer,
Farrow, Zien, Schultz
and Drzewiecki, cosponsored by Representatives
Gard, Walker, Albers, Brandemuehl, Ainsworth, Ziegelbauer, Powers,
Lazich, F. Lasee, Musser, M. Lehman, Ladwig, Harsdorf, Goetsch,
Gunderson, Schafer, Ott, Hahn, Owens, Huebsch
and Sykora. Referred to
Committee on Health, Human Services, Aging, Corrections, Veterans and
Military Affairs.
SB197,1,9 1An Act to repeal 51.13 (1) (b), 51.13 (2) (b) and (d) and (3) (b), 51.13 (4) (g) 1. and
251.13 (7) (title), (a) and (b); to renumber and amend 51.13 (7) (c); to amend
351.13 (1) (a), 51.13 (1) (c), 51.13 (1) (d), 51.13 (1) (e), 51.13 (2) (a), 51.13 (3) (c),
451.13 (3) (e), 51.13 (4) (a) (intro.), 51.13 (4) (c), 51.13 (4) (d), 51.13 (4) (g) (intro.),
551.13 (6) (a), 51.14 (3) (a), 51.14 (3) (b) 3., 51.14 (3) (b) 4., 51.14 (3) (g), 51.14 (3)
6(h) (intro.), 51.14 (4) (a), 51.14 (4) (b), 51.14 (4) (c), 51.14 (4) (g) (intro.), 51.20
7(16) (a), 51.22 (2), 51.30 (5) (a), 51.30 (5) (b) 1., 51.30 (5) (b) 2., 51.35 (3) (a), 51.35
8(3) (b), 51.35 (3) (g) and 51.61 (6); and to create 51.46 of the statutes; relating
9to:
mental health treatment of minors
Analysis by the Legislative Reference Bureau
Under current law, the Mental Health Act distinguishes between minors under
14 years of age and minors 14 years of age or over with regard to giving informed
consent for treatment for mental illness, developmental disability, alcoholism or
drug dependence (mental health treatment), voluntary admission to and discharge
from an inpatient facility for mental health treatment, reexamination under or
modification or cancellation of an involuntary commitment order, transfers from a
juvenile secured correctional facility to an inpatient facility for mental health

treatment and access and consent to the release of court records and treatment
records. This bill eliminates the distinction between a minor under 14 years of age
and a minor 14 years of age or over with regard to those areas of the Mental Health
Act.
Specifically, under current law, subject to certain exceptions, before a minor
may receive mental health treatment, the written, informed consent of the minor's
parent or guardian is required. If, however, the minor is 14 years of age or over, the
written, informed consent of the minor is also required, subject to certain exceptions.
This bill eliminates the requirement that a minor 14 years of age or over provide his
or her written, informed consent, in addition to that of his or her parent or guardian,
before he or she may receive mental health treatment.
Under current law, subject to certain exceptions, before a minor may be
admitted voluntarily to an inpatient facility for mental health treatment, the minor's
parent who has legal custody of the minor or the minor's guardian must execute an
application for voluntary admission to the facility. If, however, the minor is 14 years
of age or over, the minor must also execute the application for voluntary admission
to the facility. This bill eliminates the requirement that a minor 14 years of age or
over execute the application for voluntary admission to an inpatient facility, along
with his or her parent or guardian, before the minor may be admitted to the facility.
Under current law, if a minor 14 years of age or over wishes to be admitted to
an inpatient facility, but the minor's parent who has legal custody of the minor or the
minor's guardian refuses to execute the application for admission or cannot be found,
the minor may petition the court assigned to exercise jurisdiction under the
children's code (juvenile court) for approval of the admission. This bill permits a
minor under 14 years of age to petition the juvenile court for approval of his or her
admission to an inpatient facility if the minor's parent or guardian refuses to execute
the application for admission or cannot be found.
Under current law, a minor 14 years of age or over who is voluntarily admitted
to an inpatient facility may request that he or she be discharged from the facility and,
subject to certain exceptions, must be discharged within 48 hours after submission
of the request. A minor under 14 years of age, however, may be discharged on his or
her request only after a hearing before the juvenile court to determine the continued
appropriateness of the admission. This bill eliminates the requirement that a minor
14 years of age or over who has been voluntarily admitted to an inpatient facility be
discharged within 48 hours after his or her request and instead requires the juvenile
court to hold a hearing on such a request to determine the continued appropriateness
of the admission, as is the case for minors under 14 years of age under current law.
Under current law, a minor 14 years of age or over, but not a minor under 14
years of age, who has been involuntarily committed for mental health treatment may
petition the juvenile court for an order that his or her mental condition be
reexamined or for an order modifying or cancelling his or her commitment. This bill
eliminates the right of a minor 14 years of age or over to petition for such a
reexamination, modification or cancellation.
Under current law, a minor may be transferred from a juvenile secured
correctional facility to an inpatient facility if the juvenile court finds that the transfer

is appropriate and consistent with the needs of the minor and, if the minor is 14 years
of age or over, that the transfer is voluntary on the part of the minor. This bill
eliminates the requirement that a minor 14 years of age or over must consent to being
transferred from a juvenile correctional facility to an inpatient facility. Under the
bill, only the minor's parent or guardian need consent, as is the case for minors under
14 years of age under current law.
Under current law, a minor 14 years of age or over may have access to his or her
court records and treatment records on the same basis as an adult, but a minor under
14 years of age may have access to his or her court records only in the presence of his
or her parent, guardian, counsel, guardian ad litem or a judge and a minor under 14
years of age may have access to his or her treatment records only in the presence of
his or her parent, guardian, counsel, guardian ad litem or a staff member of the
treatment facility. This bill permits a minor 14 years of age or over to have access
to his or her court records or treatment records only in the presence of a person whose
presence is required under current law for a minor under 14 years of age.
Under current law, subject to certain exceptions, confidential information in a
minor's court records or treatment records may be released only on the consent of the
minor's parent, guardian or person in the place of a parent, except that if the minor
is 14 years of age or over, the minor may consent to the release of such information
without the consent of his or her parent, guardian or person in place of a parent. This
bill eliminates the right of a minor 14 years of age or over to consent to the release
of confidential information in his or her court records or treatment records without
the consent of his or her parent, guardian or person in place of a parent.
Finally, the bill permits a minor's parent or guardian to consent to have the
minor tested for drugs or alcohol without the consent of the minor.
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:
SB197, s. 1 1Section 1. 51.13 (1) (a) of the statutes is amended to read:
SB197,3,72 51.13 (1) (a) Except as provided in s. 51.45 (2m), the application for voluntary
3admission of a minor who is under 14 years of age to an approved inpatient treatment
4facility shall be executed by a parent who has legal custody of the minor or the
5minor's guardian. Any statement or conduct by a minor under the age of 14
6indicating that the minor does not agree to admission to the facility shall be noted
7on the face of the application and shall be noted in the petition required by sub. (4).
SB197, s. 2
1Section 2. 51.13 (1) (b) of the statutes is repealed.
SB197, s. 3 2Section 3. 51.13 (1) (c) of the statutes is amended to read:
SB197,4,173 51.13 (1) (c) If a minor 14 years of age or older wishes to be admitted to an
4approved inpatient treatment facility but a parent with legal custody or the guardian
5refuses to execute the application for admission or cannot be found, or if there is no
6parent with legal custody, the minor or a person acting on the minor's behalf may
7petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the
8county of residence of the parent or guardian for approval of the admission. A copy
9of the petition and a notice of hearing shall be served upon the parent or guardian
10at his or her last-known address. If, after a hearing, the court determines that the
11parent parent's or guardian's consent is unreasonably withheld or, that the parent
12or guardian cannot be found or that there is no parent with legal custody, and that
13the admission is proper under the standards prescribed in sub. (4) (d), it shall
14approve the minor's admission without the parent parent's or guardian's consent.
15The court may, at the minor's request, temporarily approve the admission pending
16hearing on the petition. If a hearing is held under this subsection, no review or
17hearing under sub. (4) is required.
SB197, s. 4 18Section 4. 51.13 (1) (d) of the statutes is amended to read:
SB197,4,2419 51.13 (1) (d) A minor against whom a petition or statement has been filed under
20s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court
21may permit the minor to become a voluntary patient pursuant to this section upon
22approval by the court of an application executed pursuant to par. (a), (b) or (c), and
23the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a
24hearing is held under this subsection, no hearing under sub. (4) is required.
SB197, s. 5 25Section 5. 51.13 (1) (e) of the statutes is amended to read:
SB197,5,11
151.13 (1) (e) A minor may be admitted immediately upon the approval of the
2application executed under par. (a) or (b) by the treatment director of the facility or
3his or her designee or, in the case of a center for the developmentally disabled, the
4director of the center or his or her designee, and the director of the appropriate county
5department under s. 51.42 or 51.437 if such the county department is to be
6responsible for the cost of the minor's therapy and treatment. Approval shall be
7based upon an informed professional opinion that the minor is in need of psychiatric
8services or services for developmental disability, alcoholism or drug abuse, that the
9treatment facility offers inpatient therapy or treatment which is appropriate for the
10minor's needs and that inpatient care in the facility is the least restrictive therapy
11or treatment consistent with the minor's needs.
SB197, s. 6 12Section 6. 51.13 (2) (a) of the statutes is amended to read:
SB197,5,1913 51.13 (2) (a) A minor may be admitted to an inpatient treatment facility
14without complying with the requirements of this section if the admission does not
15involve the department or a county department under s. 51.42 or 51.437, or a contract
16between a treatment facility and the department or between a treatment facility and
17a county department. The application for voluntary admission of a minor who is 14
18years of age or over
shall be executed by the minor and a parent who has legal custody
19of the minor or the minor's guardian.
SB197, s. 7 20Section 7. 51.13 (2) (b) and (d) and (3) (b) of the statutes are repealed.
SB197, s. 8 21Section 8. 51.13 (3) (c) of the statutes is amended to read:
SB197,5,2522 51.13 (3) (c) A minor under 14 years of age and his or her parent or guardian
23shall also be informed by the director or his or her designee, both orally and in
24writing, in easily understandable language, of the minor's right to a hearing to
25determine continued appropriateness of the admission as provided in sub. (7).
SB197, s. 9
1Section 9. 51.13 (3) (e) of the statutes is amended to read:
SB197,6,52 51.13 (3) (e) Writing materials for use in requesting a hearing or discharge
3under this section shall be made available to minors at all times by every inpatient
4treatment facility. The staff of each such facility shall assist minors in preparing and
5submitting requests for discharge or hearing hearings.
SB197, s. 10 6Section 10. 51.13 (4) (a) (intro.) of the statutes is amended to read:
SB197,6,147 51.13 (4) (a) (intro.) Within 3 days of after the admission of a minor under sub.
8(1), or within 3 days of after application for admission of the minor, whichever occurs
9first, the treatment director of the facility to which the minor is admitted or, in the
10case of a center for the developmentally disabled, the director of the center, shall file
11a verified petition for review of the admission in the court assigned to exercise
12jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
13copy of the application for admission and of any relevant professional evaluations
14shall be attached to the petition. The petition shall contain all of the following:
SB197, s. 11 15Section 11. 51.13 (4) (c) of the statutes is amended to read:
SB197,6,1716 51.13 (4) (c) A copy of the petition shall be provided by the petitioner to the
17minor and his or her parents or guardian within 5 days of after admission.
SB197, s. 12 18Section 12. 51.13 (4) (d) of the statutes is amended to read:
SB197,7,1519 51.13 (4) (d) Within 5 days of after the filing of the petition, the court assigned
20to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
21allegations of the petition and accompanying documents, whether the admission is
22voluntary on the part of the minor if the minor is 14 years of age or older and
whether
23there is a prima facie showing that the minor is in need of psychiatric services, or
24services for developmental disability, alcoholism or drug abuse, that the treatment
25facility offers inpatient therapy or treatment which is appropriate to the minor's

1needs, and that inpatient care in the treatment facility is the least restrictive therapy
2or treatment consistent with the needs of the minor. If such a showing is made, the
3court shall permit voluntary admission. If the court is unable to make such those
4determinations based on the petition and accompanying documents, it shall the
5court may
dismiss the petition as provided in par. (h); or order additional information
6to be produced as it deems necessary for the court to make such review, and make
7such
those determinations within 14 days of after admission or application for
8admission, whichever is sooner; or it may hold a hearing within 14 days of after
9admission or application for admission, whichever is sooner. If a notation of the
10minor's unwillingness appears on the face of the petition, or if a hearing has been
11requested by the minor, the minor's counsel, parent or guardian, the court shall hold
12a hearing to review the admission within 14 days of after admission or application
13for admission, whichever is sooner, and shall appoint counsel to represent the minor
14if the minor is unrepresented. If the court deems considers it necessary, it the court
15shall also appoint a guardian ad litem to represent the minor.
SB197, s. 13 16Section 13. 51.13 (4) (g) (intro.) of the statutes is amended to read:
SB197,8,617 51.13 (4) (g) (intro.) If the court finds that the minor is in need of psychiatric
18services, or services for developmental disability, alcoholism or drug abuse in an
19inpatient facility, and that the inpatient facility to which the minor is admitted offers
20therapy or treatment which that is appropriate for the minor's needs and which that
21is the least restrictive therapy or treatment consistent with the minor's needs and,
22in the case of a minor aged 14 or older, the application is voluntary on the part of the
23minor, it
, the court shall permit voluntary admission. If the court finds that the
24therapy or treatment in the inpatient facility to which the minor is admitted is not
25appropriate or is not the least restrictive therapy or treatment consistent with the

1minor's needs, the court may order placement in or transfer to another more
2appropriate or less restrictive inpatient facility, except that the court may not permit
3or order placement in or transfer to the northern or southern centers for the
4developmentally disabled of a minor unless the department gives approval for the
5placement or transfer, and if the order of the court is approved by all of the following
6if applicable:
SB197, s. 14 7Section 14. 51.13 (4) (g) 1. of the statutes is repealed.
SB197, s. 15 8Section 15. 51.13 (6) (a) of the statutes is amended to read:
SB197,8,169 51.13 (6) (a) A minor may be admitted to an inpatient treatment facility
10without review of the application under sub. (4) for diagnosis and evaluation or for
11dental, medical or psychiatric services for a period not to exceed 12 days. The
12application for short-term admission of a minor shall be executed by the minor's
13parent or guardian, and by the minor if he or she is 14 years of age or older. A minor
14may not be readmitted to an inpatient treatment facility for psychiatric services
15under this paragraph within 120 days of after a previous admission under this
16paragraph.
SB197, s. 16 17Section 16. 51.13 (7) (title), (a) and (b) of the statutes are repealed.
SB197, s. 17 18Section 17. 51.13 (7) (c) of the statutes is renumbered 51.13 (7) and amended
19to read:
SB197,9,1420 51.13 (7) (title) Court hearing Continued appropriateness of admission. Any
21minor under 14 years of age who is voluntarily admitted under this section may
22submit a written request to the court for a hearing to determine the continued
23appropriateness of the admission. If the director or staff of the inpatient treatment
24facility to which a minor under the age of 14 is admitted observes conduct by the
25minor which demonstrates an unwillingness to remain at the facility, including but

1not limited to
a written expression of opinion or unauthorized absence, the director
2shall file a written request with the court to determine the continued
3appropriateness of the admission. A request which that is made personally by a
4minor under this paragraph subsection shall be signed by the minor but need not be
5written or composed by him or her. A request for a hearing under this paragraph
6which
subsection that is received by staff or the director of the facility in which the
7child minor is admitted shall be filed with the court by the director. The court shall
8order a hearing upon request if no hearing concerning the minor's admission has
9been held within 120 days of receipt of before the request is received. The court shall
10appoint counsel and, if the court deems considers it necessary, a guardian ad litem
11to represent the minor and if. If a hearing is held, the court shall hold the hearing
12within 14 days of after the request, unless the parties agree to a longer period. After
13the hearing, the court shall make disposition dispose of the matter in the manner
14provided in sub. (4).
SB197, s. 18 15Section 18. 51.14 (3) (a) of the statutes is amended to read:
SB197,9,2016 51.14 (3) (a) Either a A minor 14 years of age or older or his or her parent or
17guardian
may petition the mental health review officer in the county in which the
18parent or guardian has residence for a review of a refusal of either the minor or his
19or her parent or guardian to provide the informed consent for outpatient mental
20health treatment required under s. 51.61 (6).
SB197, s. 19 21Section 19. 51.14 (3) (b) 3. of the statutes is amended to read:
SB197,9,2322 51.14 (3) (b) 3. The facts substantiating the petitioner's minor's belief that the
23minor
he or she needs outpatient mental health treatment.
SB197, s. 20 24Section 20. 51.14 (3) (b) 4. of the statutes is amended to read:
SB197,10,4
151.14 (3) (b) 4. Any available information which substantiates the
2appropriateness of the particular treatment sought for by the minor and that the
3particular treatment sought is the least restrictive treatment consistent with the
4needs of the minor.
SB197, s. 21 5Section 21. 51.14 (3) (g) of the statutes is amended to read:
SB197,10,116 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection,
7the mental health review officer shall hold a hearing on the refusal of the minor or
8the minor's parent or guardian to provide informed consent for outpatient treatment.
9The mental health review officer shall provide notice of the date, time and place of
10the hearing to the minor and the minor's parent or guardian at least 96 hours prior
11to the hearing.
SB197, s. 22 12Section 22. 51.14 (3) (h) (intro.) of the statutes is amended to read:
SB197,10,2013 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into
14consideration the recommendations, if any, of the county department under s. 51.42
15or 51.437 made under par. (e), the mental health review officer finds all of the
16following, he or she shall issue a written order that, notwithstanding the written,
17informed consent requirement of s. 51.61 (6), the written, informed consent of the
18minor, if the minor is refusing to provide consent, or
the written, informed consent
19of the minor's parent or guardian, if the parent or guardian is refusing to provide
20consent,
is not required for outpatient mental health treatment for the minor:
SB197, s. 23 21Section 23. 51.14 (4) (a) of the statutes is amended to read:
SB197,11,322 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health
23review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the
24minor or his or her parent or guardian may petition a court assigned to exercise
25jurisdiction under ch. chs. 48 and 938 in the county of residence of the minor's parent

1or guardian for a review of the refusal of either the minor or his or her the parent or
2guardian to provide the informed consent for outpatient mental health treatment
3required under s. 51.61 (6).
SB197, s. 24 4Section 24. 51.14 (4) (b) of the statutes is amended to read:
SB197,11,75 51.14 (4) (b) The petition in par. (a) shall conform to the requirements set forth
6in sub. (3) (b). If the minor has refused to provide informed consent, a notation of this
7fact shall be made on the face of the petition.
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