Involuntary Medication and Treatment-Sufficency of Evidence

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WI Court of Appeals – District III

Case Name: Douglas County v. K. A. D.

Case No.: 2023AP001072

Officials: Stark, P.J.

Focus: Involuntary Medication and Treatment-Sufficency of Evidence

Kyle appeals an order for his involuntary medication and treatment pursuant to WIS. STAT. § 51.61(1)(g). Kyle argues that Douglas County failed to prove both that he was given an adequate explanation of the advantages, disadvantages, and alternatives to accepting recommended medication and treatment and that he is incompetent to refuse medication or treatment. In response, the County asserts that Kyle’s appeal is moot, but if the appeals court nevertheless addresses the merits of Kyle’s appeal, the County argues that it should affirm.

The appeals court assumes without deciding that Kyle’s appeal is moot, but it concludes that an exception to the mootness doctrine applies. This case poses an exceptional or compelling circumstance such that the issue is capable and likely of repetition, yet evades review. The appeals court determines that the County met its burden to prove Kyle was given the required explanation of the advantages, disadvantages, and alternatives to medication and treatment and that to the extent the explanation was insufficient, Kyle’s conduct excused Dr. Bales’ failure to provide additional explanation. The appeals court further concludes that the County presented sufficient evidence for the circuit court to find that Kyle is incompetent to refuse medication and treatment.

Affirmed.

Decided 02/13/24

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