Involuntary Commitment – Sufficiency of Evidence

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WI Court of Appeals – District I

Case Name: Milwaukee County v. D.C.B.,

Case No.: 2021AP581

Officials: BRASH, C.J.

Focus: Involuntary Commitment – Sufficiency of Evidence

D.C.B. appeals an order of the trial court extending his involuntary civil commitment, pursuant to WIS. STAT. ch. 51, by twelve months. D.C.B. argues that Milwaukee County failed to provide sufficient evidence to prove D.C.B.’s dangerousness as required under WIS. STAT. § 51.20(1).

Although not discussed by either party, we reviewed the requirement for recommitment hearings set forth by our supreme court in Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277; specifically, that the trial court must “make specific factual findings with reference to the subdivision paragraph of WIS. STAT. § 51.20(1)(a)2. on which the recommitment is based.” D.J.W., 391 Wis. 2d 231, ¶3. D.J.W. was released on April 24, 2020—more than four months before the recommitment hearing in this case was held on August 28, 2020. Thus, its requirement is applicable in this case.

Upon our review of the record, we conclude that the trial court did not comply with that requirement. Furthermore, the trial court has lost competency to conduct further proceedings on this matter, rendering the remand of this matter for additional fact finding an inappropriate remedy. We therefore conclude that we must outright reverse the recommitment order for D.C.B.

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Derek A Hawkins is Corporate Counsel, at Salesforce.