Statutory Deadlines and Compliance-Regulation of Mental Health Commitments

WI Court of Appeals – District III

Case Name: Outagamie County v. M. J. B.

Case No.: 2024AP000250

Officials: Stark, P.J.

Focus: Statutory Deadlines and Compliance-Regulation of Mental Health Commitments

Mark appealed an involuntary commitment order, arguing that the circuit court lacked competency to proceed with his final hearing due to Outagamie County’s failure to provide one of the required examiner’s reports at least 48 hours before the hearing, as mandated by WIS. STAT. § 51.20(10)(b). The court found that this statutory requirement is central to the commitment process, and its violation deprives the court of the competency to proceed. Despite the County’s argument that the late report did not affect Mark’s substantial rights, the appellate court reversed the circuit court’s decision. The court concluded that the legislature’s failure to include language allowing a court to proceed despite a late filing in § 51.20(10)(b) indicates an intent for strict adherence to this deadline. The court reversed the commitment and medication orders, emphasizing the importance of timely filings for ensuring fairness in such cases.

Reversed.

Decided 01/07/25

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