On Point: 6. Procedures/hearings/evidence

Price County DHHS v. Sondra F., 2013AP2790, District 3, 5/28/14 (1-judge; ineligible for publication); case activity

A respondent in a ch. 51 mental commitment proceeding does not have either a statutory or a due process right to be physically present at the final hearing under § 51.20. To the extent § 885.60(2)(a) provides a right to be physically present, it does not mandate physical presence, and the right under that statute is forfeited if the respondent fails to object to the videoconferencing or fails to request to be physically present.

Manitowoc County v. Samuel J.H., 2013 WI 68, on certification from court of appeals; majority opinion by Justice Ziegler; case activity

Transfer of a person committed under ch. 51 to a more restrictive setting within an inpatient placement, or from outpatient to inpatient placement, is subject to § 51.35(1). The statute recognizes two different bases for transfer: reasonable medical or clinical judgment;

Polk County DHS v. Boe H., 2012AP2612, District 3, 5/7/13; court of appeals decision (1-judge, ineligible for publication); case activity

While the circuit court lacked authority to specify that a person committed to outpatient treatment remain in a group home as a condition of the commitment order (¶14), the county department had the authority to place the person in a group home because that placement does not change the nature of his treatment from “outpatient”

Review of unpublished court of appeals decision; case activity

Issues (composed by On Point)

1. Whether there was sufficient proof that Mary F.-R. evidenced a “substantial probability of physical harm” to herself or others and was therefore dangerous under Wis. Stat. § 51.20(1)(a)(2).

2. Whether Wis. Stat. § 51.20(11) is an unconstitutional violation of equal protection because it provides for a jury of six in ch.

Milwaukee County v. Mary F.-R., 2012AP958, District 1, 10/2/12; court of appeals (1-judge, ineligible for publication), petition for review granted 2/11/13; case activity

Ch. 51 Commitment – Sufficiency of Evidence

Evidence held sufficient to uphold commitment, on issue of “dangerousness,” State v. Poellinger, 153 Wis. 2d 493, 507, 451 N.W.2d 752, (1990), applied:

 ¶12      Here,

Oneida County v. Michael B., 2010AP002216-FT, District 3, 2/8/11

court of appeals decision (1-judge, not for publication); for Michael B.: Lora B. Cerone. SPD, Madison Appellate; case activity

Mental Recommitment – Instruction on Dangerousness

The following oral jury instruction didn’t impermissibly direct the jury to find dangerousness, on trial for mental recommitment: “This is a recommitment proceeding, therefore, the law requires that the requirement of a recent act,

court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate

Mental Commitment
Trial court order of inpatient treatment supported by evidence:

¶18      Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment by the time of the final hearing, which was five days later.