Ch. 51 Commitment – Statutory Interpretation

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WI Court of Appeals – District IV

Case Name: City of Madison v. State of Wisconsin Department of Health Services, et al

Case No.: 2016AP727

Officials: Kloppenburg, P.J., Lundsten and Blanchard, JJ

Focus: Ch. 51 Commitment – Statutory Interpretation

The emergency detention statute in Wisconsin’s Mental Health Act sets out a statewide process for providing, on an emergency basis, treatment to individuals who are mentally ill, drug dependent, or developmentally disabled, and who meet certain other criteria set out in the statute.

WIS. STAT. § 51.15(1) (2015-16). Under WIS. STAT. § 51.15(2), local law enforcement officers may transport an individual for emergency detention and treatment to only two types of facilities: “a treatment facility approved by the [Department of Health Services] or the county department [of community programs], if the facility agrees to detain the individual, or a state treatment facility.” The State of Wisconsin Department of Health Services has designated the Winnebago Mental Health Institute in Oshkosh as the state treatment facility that will accept custody of individuals transported for emergency detention and treatment under the statute. The City of Madison argues that, under the statute, the Department must also accept custody of individuals transported for emergency detention and treatment at the Mendota Mental Health Institute in Madison because Mendota is also a “state treatment facility” as that term is used in § 51.15(2). As we explain, we conclude that under the only reasonable meaning of the statute, the Department has acted within its statutory authority to designate Winnebago as the state treatment facility that will accept custody of individuals transported for emergency detention and treatment under WIS. STAT. § 51.15(2). Accordingly, we affirm

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.