Clark County v. R.D.S., 2022AP229, District 4, 8/18/22; (1-judge opinion, ineligible for publication); case activity Ch. 55 practitioners take note! This is one of a few Wisconsin decisions reversing the continuation of a ch. 55 protective placement due to insufficient evidence. Here, the County failed to prove that due to R.D.S.’s disability he was incapable… Read more
C. Ch. 55, Protective placement
Waukesha v. L.J.E., 2022AP292, 10/5/22, District 2, (1-judge opinion, ineligible for publication); case activity “Evans” was diagnosed with bipolar disorder with psychotic features, a condition considered permanent but manageable with medication. When the County sought to commit her under the 5th standard, she argued that it failed to prove that she did not satisfy one… Read more
Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to… Read more
Outagamie County v. X.Z.B., 2020AP2058, 6/22/2121, District 3, (1 judge opinion, ineligible for publication); case activity This case involves the recommitment of a protectively placed person based on §51.20(1)(a)2.c., the 3rd standard of dangerousness. The court of appeals reversed the circuit courts’ recommitment order for insufficient evidence. And, for the second time in one week… Read more
Court of appeals reverses fifth-standard commitment for failure to examine effect of ch. 55 services
Fond du Lac County v. J.L.H., 2020AP2049, 3/24/21, District 2 (one-judge decision; ineligible for publication); case activity Wisconsin Stat. § 51.20(1)(a)e. lays out the “fifth standard” for dangerousness; a person can be committed under it if his or her mental illness prevents him or her from understanding the advantages and disadvantages of treatment, and a… Read more
Winnebago County v. M.R.R., 2018AP273, 10/3/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs) M.R.R. suffered a traumatic brain injury 35 years ago; he’s diagnosed with a personality change due to the injury and unspecified personality disorder. He was found incompetent and placed in a guardianship in 2015 and a protective placement… Read more
Marathon County v. P.X., 2017AP1497, 6/26/18, District 3, (1-judge opinion, ineligible for publication); case activity P.X. is autistic, non-verbal, intellectually and developmentally disabled and has obsessive compulsive disorder and pica. The question is whether he is capable of “rehabilitation,” which would make him a proper subject for treatment on Chapter 51. If not, then he… Read more
Waushara County v. B.G., 2017AP956, 10/26/17, District 4 (1-judge opinion, ineligible for publication); case activity When the circuit court entered a protective services order for B.G., it did not include any conditions or labels such as “temporary” or “conditional.” It did, however, state that B.G. “does not meet the standards for protective placement.” When B.G… Read more
