Involuntary Commitment and Medication

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WI Court of Appeals – District IV

Case Name: Rock County v. J.J.K.,

Case No.: 2020AP2105

Officials: BLANCHARD, J.

Focus: Involuntary Commitment and Medication

J.J.K. appeals two circuit court orders: one granting Rock County’s petition to extend a prior involuntary commitment for 12 months and the other granting the County’s request for an order of involuntary medication and treatment during the period of extended commitment or until further order of the court. See WIS. STAT. §§ 51.20(13)(g)1., 51.61(1)(g)4. Regarding the recommitment order, J.J.K. primarily argues that the evidence was insufficient to show that, as of the time of the court’s challenged ruling, he was “currently dangerous” to himself, as the circuit court determined. Regarding the order for involuntary medication and treatment, J.J.K. argues that the County failed to prove that he was substantially incapable of applying an understanding of the advantages, disadvantages, and alternatives to medication under the applicable statutory standards, because he was not fully informed about his options.

I conclude that there was clear and convincing evidence to support the circuit court’s determination that there was “a substantial likelihood” that J.J.K. “would be a proper subject for commitment if treatment were withdrawn,” see WIS. STAT. § 51.20(1)(am), based on sufficient proof of a substantial likelihood of dangerousness based on an inability to care for himself under the “fourth standard,” see § 51.20(1)(a)2.d. I separately conclude that there was also clear and convincing evidence sufficient to support the order for involuntary medication and treatment, including sufficient proof of his knowledge about options. Accordingly, I affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.