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2010AP1486 Dane County v. Kelly M.

By: WISCONSIN LAW JOURNAL STAFF//April 28, 2011//

2010AP1486 Dane County v. Kelly M.

By: WISCONSIN LAW JOURNAL STAFF//April 28, 2011//

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Civil Commitment
Treatment; fifth standard

Civil commitment is available under the fifth standard for individuals who have dual diagnoses — a diagnosis of mental illness and, in addition, a diagnosis of either drug dependency or developmental disability.

“We agree with the County and the circuit court. Reading Wis. Stat. § 51.20(1)(a)1. together with the fifth standard, the only reasonable meaning is that a petition under the fifth standard must allege that the person has a mental illness and that he or she is unable to understand, because of the mental illness, the advantages and disadvantages of treatment for his or her mental illness. It is unreasonable to read these provisions to preclude commitment for treatment under the fifth standard if a person with a mental illness meets the requirements of this standard, simply because the person also is drug dependent or developmentally disabled. The evident purpose of the fifth standard is to prevent serious harm from lack of treatment to persons who are mentally ill and, because of their mental illness, are unable to understand the advantages and disadvantages of treatment for their mental illness. We see no logical reason to exclude persons from this preventative alternative simply because they also have either a drug dependency or a developmental disability.”

Affirmed.

Recommended for publication in the official reports.

2010AP1486 Dane County v. Kelly M.

Dist. IV, Dane County, Sumi, J., Vergeront, J.

Attorneys: For Appellant: Westmont, Ruth N., Madison; Richter, Ashley J., Madison; For Respondent: Strebe, Galen G., Madison

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