4. Involuntary meds

Waushara County v. F.E.K., 2014AP2987, District 4, 4/30/15 (one-judge decision; ineligible for publication); case activity The evidence was sufficient to show F.E.K. was not competent to refuse medication or treatment because he received an appropriate explanation of the alternatives to medication and treatment. To prove that a person committed under ch. 51 is not competent to refuse… Read more

Winnebago County v. Christopher S., 2014AP1048, 4/1/15, District 2, click here for certification; certification granted 5/12/15, circuit court orders affirmed, 2016 WI 1 Issue This appeal raises an important issue of first impression regarding the constitutionality of a mental health treatment statute related to inmates within the Wisconsin state prison system. The question presented is… Read more

Winnebago County v. Brian C., 2014AP2792-FT, District 2, 3/11/15 (one-judge decision; ineligible for publication); case activity The record supports the trial court’s finding that the County met its burden of proving Brian was incompetent to refuse medication under § 51.61(1)(g)4(intro) and b. First, the County showed that a psychiatrist explained the advantages and disadvantages of, and alternatives to… Read more

Winnebago County v. Martin W., 2014AP1351, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity In this case involving a ch. 51 proceeding involving a state prison inmate, the County met its burden under § 51.20(1)(ar) to prove by clear and convincing evidence that (1) appropriate less restrictive forms of treatment have been attempted unsuccessfully and (2) Martin… Read more

Ozaukee County v. Laura B., 2014AP1011-FT, District 2, 8/13/14 (1-judge; ineligible for publication); case activity The evidence was sufficient to justify an extension of Laura B.’s commitment and an order for involuntary medication and treatment. Under Laura’s initial six-month commitment there was no order for involuntary medication and treatment, and she did not comply with various… Read more

Portage County v. Jeffrey J.T., 2013AP2481, District 4, 6/26/14 (1-judge; ineligible for publication); case activity The report of the examining physician was sufficient to show that the advantages, disadvantages, and alternatives to medication were explained to Jeffrey, the subject of a ch. 51 recommitment proceeding, as required by § 51.61(1)(g)4. and Outagamie County v. Melanie L., 2013 WI… Read more

Waukesha County v. Kathleen H., 2014AP90, District 2, 6/25/14 (1-judge; ineligible for publication); case activity The County did not show that Kathleen, the subject of a ch. 51 commitment proceeding, is incompetent to refuse medication or treatment because it did not show that the advantages, disadvantages, and alternatives to her medication were explained to her… Read more