Civil Commitment — treatment

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Wisconsin Court of Appeals

Civil

Civil Commitment — treatment

Boe H. appeals an order extending his Wis. Stat. ch. 51 mental health commitment. He argues the circuit court lacked authority to order him to live in a residential group home because the maximum level of treatment he may receive is outpatient treatment.

Before reaching Boe’s appellate arguments regarding whether he is prevented from being placed in a group home by virtue of his outpatient treatment, we conclude the circuit court was without authority to order Boe to remain in the group home for the pendency of the commitment. Decisions beyond the maximum level of treatment are reserved for the department to which Boe has been committed, not the circuit court. Accordingly, we reverse the portion of the court’s order that requires Boe to live in the group home during the commitment.

As to whether the Polk County Department of Human Services could place Boe in a group home while he receives outpatient treatment, we conclude that, because Boe has been committed to the care of the Department while he receives outpatient treatment, and because Boe’s residence in the group home does not change the nature of his treatment from outpatient to inpatient, the Department may require Boe to live in the group home as part of its plan to further transition Boe back into the community. We therefore affirm the remainder of the court’s order. This opinion will not be published.

2012AP2612 In the matter of the mental commitment of Boe H.

Dist III, Polk County, Galewyrick, J., Mangerson, J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Fuge, Jeffrey B., Balsam Lake; Malone, Malia Theresa, Balsam Lake