March 11, 2025 - Introduced by Joint Legislative Council. Referred to Committee on Mental Health and Substance Abuse Prevention.
***AUTHORS SUBJECT TO CHANGE***
AB114,1,3
1An Act to amend 51.15 (3), 51.15 (5), 51.15 (7), 51.15 (11) and 51.15 (12); to 2create 51.15 (4r) of the statutes; relating to: clinician initiation of emergency
3detention of a minor and providing a penalty. Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors.
Wisconsin law allows certain persons to take an individual who the person believes is mentally ill, developmentally disabled, or drug dependent into custody for 72 hours, based on observable behavior that the individual is “dangerous” to themself or others. This bill creates a process for certain medical and behavioral health clinicians to initiate the emergency detention of a minor. Current law provides detention procedures that apply only to emergency detentions in Milwaukee County and detention procedures that apply to all other counties. This bill allows a county, other than Milwaukee County, to elect to authorize certain medical and behavioral health clinicians to initiate emergency detentions of minors and creates a process for clinician-initiated detentions in counties that elect to allow clinicians to initiate emergency detentions.
Current Law
Under current law, a law enforcement officer or other person authorized to take a child or juvenile into custody under the state’s child welfare laws or juvenile justice code may take an individual into custody if the officer or other authorized person has cause to believe that the individual is mentally ill, developmentally disabled, or drug dependent and the individual evidences any of four statutorily prescribed standards of dangerousness. The officer or other authorized person’s belief must be based on either a specific overt act or attempt or threat to act or omission by the individual which is observed by the officer or person or a specific, recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person. In all cases, the officer or other authorized person must have cause to believe that taking the individual into custody is the least restrictive alternative appropriate to the individual’s needs.
County Approval
A county department of community programs must approve the need for detention and the need for evaluation, diagnosis, and treatment. To approve the detention, a psychiatrist, psychologist, or mental health professional must first perform a crisis assessment and agree with the need for detention. Further, the county department must reasonably believe that the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and to remove the substantial probability of physical harm, impairment, or injury to the individual or others.
Custody and Transportation
If the county approves the detention, the law enforcement officer or other authorized person must transport the individual to a facility for the detention. Another officer or person, another law enforcement agency, an ambulance service provider, or a third-party vendor may also provide the transportation. If an individual is under the physical control of a law enforcement officer or other authorized person, the individual is “in custody.” The individual remains in the custody of the officer or other authorized person until the individual arrives at the facility for the detention or is transferred to a different law enforcement agency for transport. Upon arrival at a facility, custody of the individual is transferred to the facility for the detention.
The amount of time an individual may be detained before further proceedings begin may total no more than 72 hours (excluding Saturdays, Sundays, and legal holidays), including the detention by a law enforcement officer or other authorized person and the time at a treatment facility.
Filing Statement of Emergency Detention
The law enforcement officer or other person authorized to take a child or juvenile into custody must file the statement of detention with the detention facility at the time of admission and with the court immediately thereafter. The filing of the statement has the same effect as a petition for involuntary commitment.
Liability
A person who acts in accordance with the statutory emergency detention procedures, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm, is not liable for any actions taken in good faith. Current law provides that the good faith of the actor shall be presumed in a civil action. Whoever asserts that the individual who acts in accordance with these procedures has not acted in good faith has the burden of proving that assertion by clear and convincing evidence. A person who signs a statement of emergency detention knowing the information contained in the statement is false is guilty of a Class H felony.
The Bill
The bill allows a county, other than Milwaukee County, to elect to authorize certain medical and behavioral health clinicians to initiate an emergency detention of a minor and creates a process for clinician-initiated emergency detentions. This process is optional for counties and is in addition to the current process that permits a law enforcement officer or person authorized to take a child or juvenile into custody under the child welfare laws or juvenile justice code to initiate an emergency detention by taking a minor into custody. The procedure the bill creates does not alter the emergency detention procedures specific to Milwaukee County.
Under the bill, a “clinician” is a psychologist, a psychiatrist, a psychiatric nurse practitioner, a psychiatric physician assistant, a marriage and family therapist, a professional counselor, or a clinical social worker. A clinician must be in good standing and may initiate an emergency detention only if the clinician has been authorized to do so by the county.
Initiating Emergency Detention
The bill allows a clinician who has been authorized by a county to initiate emergency detentions to initiate the emergency detention of a minor individual who resides in that county if the clinician believes or has cause to believe that the minor individual is mentally ill, is drug dependent, or is developmentally disabled, that taking the minor into custody is the least restrictive alternative appropriate to the minor’s needs, and that the minor individual evidences any of statutory standards of dangerousness that currently apply to emergency detentions. The clinician’s belief must be based on either a specific, recent overt act or attempt or threat to act or omission by the individual which is observed by the clinician or a specific, recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the clinician by any other person.
To initiate the emergency detention of a minor individual, the clinician must prepare a statement of detention that includes certain information, including that the initiator believes the minor individual has mental illness, and what that mental illness is; detailed, specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief the minor is a danger to themself or others is based; and the clinician initiator’s determination that taking the minor individual into custody is the least restrictive alternative appropriate to the minor’s needs.
County Approval
The clinician initiator’s determination that emergency detention is appropriate is subject to the approval of the county department in the county in which the minor resides. The county approval is subject to the same requirements that apply to a county’s approval of an emergency detention initiated by a law enforcement officer or other person authorized to take a child or juvenile into custody or the child welfare laws or juvenile justice code.
Custody and Transportation
If the county department approves a clinician-initiated detention, the county department is responsible for placing the minor into custody and transporting the minor or causing the minor to be transported to a treatment facility for purposes of emergency detention. The county is responsible for the cost of transportation. The county may contract with a law enforcement agency, an ambulance service, or a third-party vendor for transportation. The bill specifies that, for the purposes of the 72-hour detention limit, a minor individual is in custody from the time the county department approves the detention of the minor individual. A county may request assistance from a law enforcement agency to take or maintain custody of a minor to ensure the safety of the minor or others during transportation for detention.
Filing Statement of Emergency Detention
Under the bill, the county department approving a clinician-initiated detention is responsible for arranging to have the statement of emergency detention filed with the detention facility at the time of admission. In addition, a clinician that initiates an emergency detention must forward any information relating to the emergency detention to the corporation counsel of the county approving the detention no later than the next business day after initiation of the emergency detention, and the corporation counsel must promptly file the statement of emergency detention with the court.
Liability
The bill applies the same liability limitations and penalties for making a false statement that exist under current law to clinician-initiated emergency detentions.
County Authorization of Clinicians as Clinician-Initiators
The bill requires a county that elects to allow clinicians to initiate emergency detentions to develop and provide a training program for clinicians on emergency detention procedures. A county may enter into an agreement with one or more counties to provide this training. To be approved as an emergency detention initiator by a county, a clinician must attend and complete the county’s training program at least every two years.
AB114,1
1Section 1. 51.15 (3) of the statutes is amended to read: AB114,2,13251.15 (3) Custody. An Except as otherwise provided under sub. (4r), an 3individual is in custody when the individual is under the physical control of the law 4enforcement officer, or other person authorized to take a child into custody under 5ch. 48 or to take a juvenile into custody under ch. 938, for the purposes of emergency 6detention. The individual remains in the custody of the law enforcement officer or 7other person authorized to take a child into custody under ch. 48 or to take a 8juvenile into custody under ch. 938 for transport for the purposes of emergency 9detention, except that if a law enforcement agency contracts with another law 10enforcement agency to transport an individual as described under sub. (2) (a) for 11the purposes of emergency detention, custody is transferred to the transporting law 12enforcement agency. Upon arrival at the facility under sub. (2), custody of the 13individual is transferred to the facility. AB114,214Section 2. 51.15 (4r) of the statutes is created to read: AB114,2,161551.15 (4r) Clinician-initiated emergency detention of a minor. (a) In 16this subsection: AB114,3,2
11. “Clinician” means any of the following with a valid credential to practice in 2this state: AB114,3,33a. A psychologist. AB114,3,44b. A psychiatrist. AB114,3,55c. A psychiatric nurse practitioner. AB114,3,66d. A psychiatric physician assistant. AB114,3,77e. A marriage and family therapist licensed under s. 457.10. AB114,3,108f. A professional counselor licensed under s. 457.12 or who is exercising the 9professional counselor privilege to practice, as defined in s. 457.50 (2) (s), in this 10state. AB114,3,1111g. A clinical social worker who is licensed under s. 457.08 (4). AB114,3,15122. “Clinician” does not include an individual whose license, certificate, or 13privilege is suspended, revoked, or voluntarily surrendered, or whose license, 14certificate, or privilege is limited or restricted, when practicing in areas prohibited 15by the limitation or restriction. AB114,3,2016(b) 1. In addition to the process otherwise set forth in this section, under 17which a law enforcement officer or other person authorized to take a child into 18custody under ch. 48 or to take a juvenile into custody under ch. 938 may initiate an 19emergency detention, a county may elect to authorize clinicians who have been 20approved by the county to initiate emergency detentions. AB114,4,2212. If a county elects to allow clinicians to initiate emergency detentions under 22this subsection, the county shall develop and provide a training program for 23clinicians on emergency detention procedures. A county may enter into an
1agreement with one or more other counties to provide the training required under 2this paragraph. AB114,4,633. In order to be approved as an emergency detention initiator by a county 4under this subsection, a clinician shall, at least every 2 years, attend and complete 5the county’s training program on emergency detention procedures developed under 6this subsection. AB114,4,137(c) 1. A clinician who has been approved by a county under this subsection as 8an emergency detention initiator may initiate the emergency detention of a minor 9who resides in that county if the clinician believes or has cause to believe that the 10minor is mentally ill, is drug dependent, or is developmentally disabled, that taking 11the minor into custody is the least restrictive alternative appropriate to the minor’s 12needs, and that the minor evidences any of the standards described in sub. (1) (ar) 131. to 4. AB114,4,15142. A clinician initiator’s belief for purposes of subd. 1. is subject to the same 15standards set forth under sub. (1) (b). AB114,4,1816(d) To initiate the emergency detention of a minor under this subsection, the 17clinician initiator shall prepare a statement of emergency detention that contains 18certain information, including at least all of the following:
