On Point: 3. Civil Commitments

Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity

In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to comply with D.J.W.’s requirement “to make specific factual findings with reference to the subdivision paragraph of § 51.20(1)(a)2. on which the recommitment is based.” As a result, the court “must” reverse the 2023 commitment order and the corresponding order for involuntary medication. Op., ¶30.

Winnebago County v. J.D.J., 2023AP1085, 2/21/24, District II (one-judge decision; ineligible for publication); case activity

In yet another opinion which stresses the need for County-petitioners to take more care at extension hearings, COA reverses for failure to make an adequate record below.

Douglas County v. K.A.D., 2023AP1072, 2/13/24, District 3 (one-judge decision; ineligible for publication); petition for review granted 6/17/24 case activity

K.A.D. (“Kyle”) challenged the order authorizing his involuntary medication and treatment on two grounds:  (1) that the county failed to establish that he was provided the required explanation regarding the recommended medication and treatment and (2) that the county failed to prove he is incompetent to refuse medication and treatment. While the court of appeals assumes without deciding that Kyle’s appeal is moot, the court concludes that Kyle’s case meets an exception to the mootness doctrine, and thereafter rejects Kyle’s argument on the merits.

Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity

In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order.

Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity

Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent.

Douglas County v. M.L, 2022AP141, 12/28/23, District III (one-judge decision; ineligible for publication); case activity

Faced with a challenge to the circuit court’s competency in this protective placement appeal, COA holds that the appellant has forfeited his challenge and therefore affirms.

Ozaukee County D.H.S. v. M.A.G., 2023AP681, 11/29/23, District II (one-judge decision; ineligible for publication); case activity

M.A.G. challenged the extension of her Chapter 51 commitment and the order finding her incompetent to refuse medication. The court of appeals affirms both orders after concluding that the county presented sufficient evidence of dangerousness under the the third standard and sufficient evidence that she is not competent to refuse medication.

Douglas County v. J.M., 2022AP2035, 11/28/23, District 3 (one-judge decision; ineligible for publication); case activity

“James” was subjected to a guardianship under ch. 54 and a protective placement under ch. 55 in 2020. He had annual reviews of placement in 2021 and 2022; the last one is the subject of this appeal. James argues that the county was obligated to put on medical expert testimony to meet its burden to show, by clear and convincing evidence, that he meets three of the elements for a protective placement (he does not dispute that he is an adult who’s been found incompetent, the remaining element). The court of appeals delves into the record of past hearings and holds that these older filings fill in the gaps. But isn’t the point of a due-process (Watts) review to determine how the person is doing now?

Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity

In yet another defense win reliant on Langlade County v. D.J.W.,  COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal.

Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; dismissed as improvidently granted 5/14/24, case activity (including briefs)

SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals.