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Recommitment- Involuntary Medication

By: WISCONSIN LAW JOURNAL STAFF//May 12, 2024//

Recommitment- Involuntary Medication

By: WISCONSIN LAW JOURNAL STAFF//May 12, 2024//

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WI Court of Appeals – District III

Case Name: Brown County v. R. J. M.

Case No.: 2024AP000206

Officials: Hruz, J.

Focus: Recommitment- Involuntary Medication

Richard appeals orders for his recommitment and for his involuntary medication, entered pursuant to WIS. STAT. §§ 51.20 and 51.61(1)(g)3., respectively. He argues that there was insufficient evidence to support a determination that he is a proper subject for treatment and that he is dangerous. Richard additionally argues that the circuit court failed to make specific factual findings regarding his dangerousness, as required by Langlade County v. D.J.W., 2020 WI 41, 391 Wis. 2d 231, 942 N.W.2d 277, and that Brown County did not meet its burden to prove he received statutorily required information to support the court’s issuance of an involuntary medication order.

The appellate court affirmed the lower court’s decision to recommit R.J.M. and order involuntary medication, based on clear and convincing evidence that R.J.M. was both a proper subject for treatment and dangerous. The court held that sufficient factual findings were made to support the decision, in line with legal standards requiring a subject to be mentally ill, suitable for treatment, and dangerous to themselves or others. Testimony and reports from medical professionals demonstrated R.J.M.’s ongoing dangerous behavior and mental health deterioration when not medicated. The court also confirmed that statutory requirements were met for the involuntary medication order, including a thorough explanation of the medication’s advantages, disadvantages, and alternatives to R.J.M., establishing his incapacity to make informed decisions about his treatment.

Affirmed.

Decided 05/07/24

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