51.67 Alternate procedure; protective services. If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
(1) The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives.
(2) The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her serious and persistent mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.
History: 1975 c. 430; 1977 c. 187, 428; 1979 c. 89, 336; 1985 a. 29; 1987 a. 366; 1995 a. 268; 2003 a. 33; 2005 a. 264.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act.
51.02 - Council on mental health.
51.025 - Office of children's mental health.
51.03 - Department; powers and duties.
51.038 - Outpatient mental health clinic certification.
51.04 - Treatment facility certification.
51.042 - Youth crisis stabilization facilities.
51.045 - Availability of inpatient psychiatric and other beds.
51.047 - Mental health services.
51.05 - Mental health institutes.
51.06 - Centers for the developmentally disabled.
51.08 - Milwaukee County Mental Health Complex.
51.10 - Voluntary admission of adults.
51.138 - Emergency outpatient treatment for minors.
51.14 - Review of outpatient mental health treatment of minors aged 14 or older.
51.17 - Warning of dangerousness.
51.20 - Involuntary commitment for treatment.
51.22 - Care and custody of persons.
51.35 - Transfers and discharges.
51.37 - Criminal commitments; mental health institutes.
51.375 - Honesty testing of sex offenders.
51.38 - Nonresident patients on unauthorized absence.
51.39 - Resident patients on unauthorized absence.
51.40 - Determination of residence for certain adults; county of responsibility.
51.41 - Milwaukee County mental health; Milwaukee County mental health board.
51.42 - Community mental health, developmental disabilities, alcoholism and drug abuse services.
51.421 - Community support programs.
51.422 - Opioid and methamphetamine treatment programs.
51.4223 - Reporting by methadone treatment programs.
51.437 - Developmental disabilities services.
51.44 - Early intervention services.
51.441 - Comprehensive mental health consultation program.
51.442 - Child psychiatry consultation program.
51.445 - School-based mental health consultation pilot program.
51.448 - Addiction medicine consultation program.
51.45 - Prevention and control of alcoholism and drug dependence.
51.46 - Priority for pregnant women for private treatment for alcohol or other drug abuse.
51.47 - Alcohol and other drug abuse treatment for minors without parental consent.
51.48 - Alcohol and other drug testing, assessment, and treatment of minor without minor's consent.
51.49 - Pretrial intoxicated driver intervention grant program.
51.59 - Incompetency not implied.
51.60 - Appointment of counsel.
51.605 - Reimbursement for counsel provided by the state.
51.62 - Protection and advocacy system.
51.63 - Private pay for patients.
51.64 - Reports of death required; penalty; assessment.
51.65 - Segregation of tuberculosis patients.
51.67 - Alternate procedure; protective services.
51.75 - Interstate compact on mental health.
51.76 - Compact administrator.
51.78 - Supplementary agreements.
51.79 - Transmittal of copies.
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.
51.87 - Interstate contracts for services under this chapter.