In light of SCOW’s decision in M.J.B, COA reverses circuit court’s order dismissing Ch. 51 petition because expert report was not timely filed in light of M.J.B.
Ozaukee County v. T.D.D., 2025AP2257, 7/8/26, District II (ineligible for publication); case activity
The COA reversed the circuit court’s order dismissing Ozaukee County’s petition for commitment under Chapter 51 in light of SCOW’s decision in M.J.B. that failing to comply with the 48-hour deadline to make expert reports available to counsel did not divest the circuit court of competency.
Ozaukee County filed a statement of emergency detention under Chapter 51 on August 5, 2025, to commit “Ted.” A final hearing was scheduled for August 18 and two examiners were appointed. One examiner filed her report on August 11, but the second examiner filed his report on Friday, August 15 at 2:14 p.m. The final hearing began at 3:39 p.m. the following Monday and the circuit court dismissed the case because it did not have competency in light of the COA’s decision in M.J.B., which held that failing to meet the deadline to submit expert reports at least 48 hours before the final hearing deprives the circuit court of competency. (See our prior post on M.J.B. here).
The COA placed this appeal on hold while M.J.B. was pending in SCOW, which reversed the COA’s decision and held that the 48-hour deadline is not central to Chapter 51’s statutory scheme; failing to meet the deadline therefore does not eliminate the circuit court’s competency to proceed with a final hearing. (M.J.B., ¶ 2).
Here, the COA reversed the circuit court’s order dismissing the petition. However, it did not remand the case to the circuit court because the final hearing could not be held within 14 days after Ted was detained, which did deny the circuit court competency. (¶ 12).