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Involuntary Commitment and Medication

By: Derek Hawkins//October 20, 2021//

Involuntary Commitment and Medication

By: Derek Hawkins//October 20, 2021//

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WI Court of Appeals – District III

Case Name: Shawano County v. S.L.V.,

Case No.: 2021AP223

Officials: STARK, P.J.

Focus: Involuntary Commitment and Medication

Susan appeals from an order for involuntary commitment under WIS. STAT. § 51.20, as well as an order for involuntary medication and treatment. As an initial matter, Susan contends that this appeal is not moot, even though the underlying orders have expired. She then contends that Shawano County violated her right to due process by failing to identify, either before or during the final commitment hearing, the statutory standard under which it sought to prove that she was dangerous. Susan also argues that the County failed to establish dangerousness by clear and convincing evidence under any of the five statutory standards, and that the circuit court failed to make specific factual findings with reference to the statutory basis for its determination of dangerousness, as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277.

We conclude Susan’s appeal is not moot because she remains subject to at least one collateral consequence of the commitment order—namely, a firearms ban. We further conclude that reversal is warranted because the circuit court failed to make the specific factual findings required by D.J.W. We therefore reverse both the commitment order and the associated order for involuntary medication and treatment.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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