Involuntary Commitment

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WI Court of Appeals – District III

Case Name: Burnett County v. B. S.

Case No.: 2023AP001811-FT

Officials: Hruz, J.

Focus: Involuntary Commitment

Brian appeals an order extending his involuntary commitment pursuant to WIS. STAT. § 51.20. Brian argues that Burnett County failed to provide sufficient evidence to prove that he is currently dangerous under § 51.20(1)(a)2. Brian contends that while the County presented the testimony and report of a psychiatrist at the extension hearing, the psychiatrist provided only generalized statements that were insufficient to meet the County’s burden of proving his dangerousness by clear and convincing evidence.

The appeals court notes that the record on appeal is devoid of sufficient factual support for the expert’s opinions regarding Brian’s current dangerousness and the resulting court order relying upon them. The law requires a fuller record—including sufficient explanations and connection to other facts in evidence—in order to prove, by clear and convincing evidence, that someone currently meets the statutory criteria necessary to continue involuntarily committing that individual.

Reversed and Remanded.

Decided 02/27/24

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