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4. Involuntary meds

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

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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

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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

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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

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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

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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

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Eau Claire County v. Mary S., 2013AP2098, District 3, 1/28/14 (1-judge opinion ineligible for publication); case activity Mary S. was placed under a Chapter 51 mental health commitment and involuntary medication order in 2011, and those orders were extended once. But when the County sought to extend the orders again, Mary objected and argued that… Read more

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Outagamie County v. Aaron V., 2013AP808, District 3, 9/10/13; court of appeals decision (1-judge; ineligible for publication); case activity The evidence supported an extension of Aaron’s ch. 51 commitment even though Dr. Dave, the county’s expert, did not specifically testify Aaron would “decompensate” or become dangerous if treatment were withdrawn and did not provide reasons… Read more

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