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Recommitment Order-Dangerousness

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2024//

Recommitment Order-Dangerousness

By: WISCONSIN LAW JOURNAL STAFF//April 22, 2024//

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WI Court of Appeals – District III

Case Name: Outagamie County v. C. J. A.

Case No.: 2022AP002186

Officials: Hruz, J.

Focus: Recommitment Order-Dangerousness

Catherine appeals a recommitment order entered pursuant to WIS. STAT. § 51.20. Catherine argues that Outagamie County did not prove, by clear and convincing evidence, that she is currently dangerous pursuant to § 51.20(1)(a)2.b. and the recommitment standard in § 51.20(1)(am); therefore, she claims that her commitment should be vacated. Specifically, Catherine alleges that the County failed to establish her current dangerousness and instead presented evidence only regarding her past dangerousness and potential future dangerousness. Catherine also asserts that the County failed to prove there is a substantial likelihood that she would become dangerous if treatment were withdrawn.

The appeals court concludes that the County met its burden to show that Catherine is currently dangerous, as well as the other required elements, for her to be recommitted under WIS. STAT. § 51.20.

Affirmed.

Decided 04/12/24

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