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:
SB126,9,2219 51.13 (6) (a) 3. A If a minor 14 years of age or older who refused to execute the
20application under subd. 2. is admitted after court review under sub. (4) (d), the
minor
21may not be readmitted to an inpatient treatment facility for psychiatric services
22under this paragraph within 120 days of a previous admission under this paragraph.
SB126,27 23Section 27. 51.13 (6) (b) (title) of the statutes is created to read:
SB126,9,2424 51.13 (6) (b) (title) Review and acceptance of application.
SB126,28 25Section 28. 51.13 (6) (c) (title) of the statutes is created to read:
SB126,10,1
151.13 (6) (c) (title) Release.
SB126,29 2Section 29. 51.13 (7) (a) (title) of the statutes is created to read:
SB126,10,33 51.13 (7) (a) (title) Minor attains age 14 during admission.
SB126,30 4Section 30. 51.13 (7) (b) (title) of the statutes is created to read:
SB126,10,55 51.13 (7) (b) (title) Discharge procedure.
SB126,31 6Section 31. 51.13 (7) (b) 1. to 3. of the statutes are amended to read:
SB126,10,87 51.13 (7) (b) 1. Any minor who is voluntarily admitted under sub. (1) (c) 1. or
82.
, may request discharge in writing.
SB126,10,139 2. For a minor 14 years of age or older who is admitted under sub. (1) (a) or (b)
10(bm) for the primary purpose of treatment for alcoholism or drug abuse or a minor
11under 14 years of age who is admitted under sub. (1) (a) or (b) for the primary purpose
12of treatment for mental illness, developmental disability, alcoholism, or drug abuse,
13the parent or guardian of the minor may request discharge in writing.
SB126,10,2314 3. For a minor 14 years of age or older who is admitted under sub. (1) (a) or (b)
15for the primary purpose of treatment for mental illness or developmental disability,
16the minor and the minor's parent or guardian may request discharge in writing. If
17the parent or guardian of the minor refuses to request discharge and if the director
18of the facility to which the minor is admitted or his or her designee avers, in writing,
19that the minor is in need of psychiatric services or services for developmental
20disability, that the facility's therapy or treatment is appropriate to the minor's needs,
21and that inpatient care in the treatment facility is the least restrictive therapy or
22treatment consistent with the needs of the minor, the minor may not be discharged
23under this paragraph.
SB126,32 24Section 32. 51.13 (7) (c) (title) of the statutes is created to read:
SB126,10,2525 51.13 (7) (c) (title) Request for hearing when not discharged.
SB126,33
1Section 33. 51.35 (3) (a) and (b) of the statutes are amended to read:
SB126,12,42 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a
3secured residential care center for children and youth, or a licensed physician of the
4department of corrections, who has reason to believe that any individual confined in
5the juvenile correctional facility or secured residential care center for children and
6youth is, in his or her opinion, in need of services for developmental disability,
7alcoholism, or drug dependency or in need of psychiatric services, and who has
8obtained consent to make a transfer for treatment, shall make a report, in writing,
9to the superintendent of the juvenile correctional facility or secured residential care
10center for children and youth, stating the nature and basis of the belief and verifying
11the consent. In the case of a minor age 14 or older who is in need of services for
12developmental disability or who is in need of psychiatric services, the minor and the
13minor's parent or guardian shall consent unless the minor is admitted under s. 51.13
14(1) (c) 1. or unless the minor refuses to consent, in which case the minor's parent or
15guardian may consent on behalf of the minor. In the case of a minor age 14 or older
16who is in need of services for alcoholism or drug dependency or a minor under the age
17of 14 who is in need of services for developmental disability, alcoholism, or drug
18dependency or in need of psychiatric services, only the minor's parent or guardian
19needs to consent unless the minor is admitted under s. 51.13 (1) (c). The
20superintendent shall inform, orally and in writing, the minor and the minor's parent
21or guardian, that transfer is being considered and shall inform them of the basis for
22the request and their rights as provided in s. 51.13 (3) (am). If the department of
23corrections, upon review of a request for transfer, determines that transfer is
24appropriate, that department shall immediately notify the department of health
25services and, if the department of health services consents, the department of

1corrections may immediately transfer the individual. The department of health
2services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise
3jurisdiction under chs. 48 and 938 of the county where the treatment facility is
4located.
SB126,13,25 (b) The court assigned to exercise jurisdiction under chs. 48 and 938 shall
6determine, based on the allegations of the petition and accompanying documents,
7whether the transfer under par. (a) of the minor to an inpatient facility is appropriate
8and consistent with the needs of the minor and, if the minor is 14 years of age or older
9and is being transferred for the purpose of receiving services for developmental
10disability or psychiatric services, whether consent for the transfer was provided by
11the minor and his or her parent or guardian or whether the minor was admitted
12under s. 51.13 (1) (c) 1. If the court is unable to make those determinations based
13on the petition and accompanying documents, the court may order additional
14information, including an independent evaluation, to be produced as necessary to
15make those determinations within 14 days after admission, or the court may hold a
16hearing within 14 days after admission. If a notation of the minor's unwillingness
17appears on the face of the petition, if the transfer was made under a consent of the
18minor's parent or guardian despite the minor's refusal, or if a hearing has been
19requested by the minor or by the minor's counsel, guardian ad litem, parent, or
20guardian, the court shall order an independent evaluation of the minor, hold a
21hearing, and appoint counsel or a guardian ad litem for the minor as provided in s.
2251.13 (4) (d). The minor shall be informed about how to contact the state protection
23and advocacy agency designated under s. 51.62 (2) (a). At the conclusion of the
24hearing, the court shall approve or disapprove the request for transfer. If the minor

1is under the continuing jurisdiction of the court of another county, the court may
2order the case transferred together with all appropriate records to that court.
SB126,34 3Section 34. 51.61 (6) of the statutes is amended to read:
SB126,14,24 51.61 (6) Subject to the rights of patients provided under this chapter, the
5department, county departments under s. 51.42 or 51.437, and any agency providing
6services under an agreement with the department or those county departments have
7the right to use customary and usual treatment techniques and procedures in a
8reasonable and appropriate manner in the treatment of patients who are receiving
9services under the mental health system, for the purpose of ameliorating the
10conditions for which the patients were admitted to the system. The written,
11informed consent of any patient shall first be obtained, unless the person has been
12found not competent to refuse medication and treatment under s. 51.61 (1) (g) or the
13person is a minor 14 years of age or older who is receiving services for alcoholism or
14drug abuse or a minor under 14 years of age who is receiving services for mental
15illness, developmental disability, alcoholism, or drug abuse. In the case of such a
16minor, the written, informed consent of the parent or guardian is required, except as
17provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g), or as
18provided in s. 51.47. If the minor is 14 years of age or older and is receiving services
19for mental illness or developmental disability, the written, informed consent of the
20minor and the minor's parent or guardian is required, except that a refusal of either
21such a minor 14 years of age or older or the minor's parent or guardian to provide
22written, informed consent for admission or transfer to an approved inpatient
23treatment facility is reviewable under s. 51.13 (1) (c) 1., (3), or (4), or 51.35 (3) (b), and
24a refusal of either a minor 14 years of age or older or the minor's parent or guardian

1to provide written, informed consent for outpatient mental health treatment is
2reviewable under s. 51.14.
SB126,14,33 (End)
Loading...
Loading...