Ch. 51 Commitment

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Civil

WI Court of Appeals – District II

Officials: NEAUBAUER, C.J.

Ch. 51 Commitment

2015AP1080-FT Ouzakee County v. C.Y.K.

C.Y.K. appeals from an order for involuntary medication and treatment. She argues that there was insufficient evidence to prove by clear and convincing evidence that she is substantially incapable of applying an understanding of the advantages and disadvantages of and alternatives to treatment to her mental illness in order to make an informed choice whether to accept or refuse medication or treatment. See WIS. STAT. § 51.61(1)(g)4.b. C.Y.K. argues that the court’s finding was clearly erroneous because the courtappointed psychiatrist wrote in his report and testified at the hearing that she was not substantially incapable of applying her understanding to make an informed choice. When the psychiatrist’s report and testimony are viewed in their entirety and along with testimony from C.Y.K.’s case worker, the psychiatrist’s statement does not negate the rest of the picture supporting the circuit court’s determination that C.Y.K. is substantially incapable of applying an understanding of the advantages and disadvantages of and alternatives to treatment to her mental illness in order to make an informed choice whether to accept or refuse medication or treatment. There was sufficient evidence for the court to enter its order for involuntary medication and treatment. We affirm.

Decision

Affirmed

Full Text

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