SB107: Bill Text

SB107,11 Section 11. 51.13 (7) (b) 5. of the statutes is amended to read:

SB107,8,13 51.13 (7) (b) 5. A minor specified in subd. 1., a minor specified in subd. 2. whose parent or guardian requests discharge in writing, and a minor specified in subd. 3. who requests and or whose parent or guardian requests discharge in writing shall be discharged within 48 hours after submission of the request, exclusive of Saturdays, Sundays, and legal holidays, unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement.

SB107,12 Section 12. 51.13 (7) (c) of the statutes is amended to read:

SB107,9,8 51.13 (7) (c) Request for hearing when not discharged. Any minor who is admitted under this section, other than a minor to which whom par. (b) 1. 2. applies, who is not discharged under par. (b), may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor described in this paragraph is admitted observes conduct by the minor that demonstrates an unwillingness to remain at the facility, including a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request that is made personally by a minor under this paragraph shall be signed by the minor but need not be written or composed by the minor. A request for a hearing under this paragraph that is received by staff or the director of the facility in which the minor is admitted shall be filed with the court by the director. The court shall order a hearing as provided in sub. (4) (d) upon request if no hearing concerning the minor’s admission has been held within 120 days before court receipt of the request. If a hearing is held, the court shall hold the hearing within 14 days after receipt of the request, unless the parties agree to a longer period. After the hearing, the court shall dispose of the matter in the manner provided in sub. (4) (h).

SB107,13 Section 13. 51.138 (1m) of the statutes is created to read:

SB107,9,11 51.138 (1m) Subsections (2) to (4) do not apply to a minor who is 14 years of age or older. Section 51.14 applies to a minor who is 14 years of age or older.

SB107,14 Section 14. 51.14 (3) (a) of the statutes is amended to read:

SB107,9,24 51.14 (3) (a) A parent or guardian of a minor 14 years of age or older or a person acting on behalf of the minor who provided the informed consent to outpatient mental health treatment required under s. 51.61 (6) despite the parent or guardian’s refusal to provide consent may petition the mental health review officer in the county in which the minor’s parent or guardian has residence for a review of a refusal or inability of the minor’s parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6) the appropriateness of the outpatient mental health treatment for the minor. For a minor on whose behalf consent for outpatient treatment was provided under s. 51.61 (6) by the minor’s parent or guardian despite the minor’s refusal, the treatment director of the outpatient facility shall notify the corporation counsel in the county in which the facility is located and the corporation counsel shall file a petition for review of the informed consent on behalf of the minor. If consent of a parent or guardian of the minor is not obtained during the 30-day treatment period as described in s. 51.138 (3), the treatment director of the outpatient mental health treatment provider shall file a petition to initiate review of outpatient mental health treatment of a minor receiving treatment under s. 51.138 for review of the appropriateness of the outpatient mental health treatment for the minor.

SB107,15 Section 15. 51.14 (3) (f) of the statutes is amended to read:

SB107,10,11 51.14 (3) (f) If prior to a hearing under par. (g) the minor or the minor’s parent or guardian requests and the mental health review officer determines that the best interests of the minor would be served, a petition may be filed for court review under sub. (4) without further review under this subsection.

SB107,16 Section 16. 51.14 (3) (g) of the statutes is amended to read:

SB107,10,20 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal or inability of the minor’s parent or guardian to provide informed consent for outpatient treatment or on the provision of informed consent by the parent or guardian despite the minor’s refusal or the provision of informed consent by the minor despite the parent or guardian’s refusal. The mental health review officer shall provide notice of the date, time, and place of the hearing to the minor and, if available, the minor’s parent or guardian at least 96 hours prior to the hearing.

SB107,17 Section 17. 51.14 (3) (h) (intro.) of the statutes is amended to read:

SB107,11,6 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into consideration the recommendations, if any, of the county department under s. 51.42 or 51.437 made under par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor’s parent or guardian, if the parent or guardian is refusing or unable to provide consent, is not required for outpatient mental health treatment for the minor or, if the parent or guardian provided informed consent despite the minor’s refusal, the outpatient mental health treatment for the minor is appropriate:

SB107,18 Section 18. 51.14 (3) (j) of the statutes is amended to read:

SB107,11,10 51.14 (3) (j) The mental health review officer shall notify the minor and the minor’s parent or guardian, if available, of the right to judicial review under sub. (4).

SB107,19 Section 19. 51.14 (4) (a) of the statutes is amended to read:

SB107,11,20 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health review officer under sub. (3) or if sub. (3) (f) applies, the minor, or a person acting on behalf of the minor, or the minor’s parent or guardian may petition a court assigned to exercise jurisdiction under chs. 48 and 938 in the county of residence of the minor’s parent or guardian for a review of the refusal or inability of the minor’s parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6) or for a review of the provision of informed consent by the parent or guardian despite the minor’s refusal or the provision of informed consent by the minor despite the parent or guardian’s refusal.

SB107,20 Section 20. 51.14 (4) (g) (intro.) of the statutes is amended to read:

SB107,12,4 51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the parent or guardian, if the parent or guardian refuses or is unable to provide consent, is not required for outpatient mental health treatment for the minor or that, if the parent or guardian provided informed consent despite the minor’s refusal, the outpatient mental health treatment for the minor is appropriate, if the court finds all of the following:

SB107,21 Section 21. 51.61 (6) of the statutes is amended to read:

SB107,13,5 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437, and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person has been found not competent to refuse medication and treatment under sub. (1) (g) or the person is a minor 14 years of age or older who is receiving services for alcoholism or drug abuse or a minor under 14 years of age who is receiving services for mental illness, developmental disability, alcoholism, or drug abuse. In the case of such a minor, the written, informed consent of the parent or guardian is required, except as provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g), or as provided in s. 51.138 or 51.47. Except as provided in s. 51.138, if If the minor is 14 years of age or older and is receiving services for mental illness or developmental disability, the written, informed consent of the minor and or the minor’s parent or guardian is required, except that a refusal of either such a minor 14 years of age or older or the minor’s parent or guardian to provide written, informed consent for admission or transfer to an approved inpatient treatment facility is reviewable under s. 51.13 (1) (c), (3), or (4), or 51.35 (3) (b), and a refusal of either a minor 14 years of age or older or the minor’s parent or guardian to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.

SB107,22 Section 22. Initial applicability.

SB107,13,10 (1) The treatment of s. 51.13 (1) (b) and (c), (3) (am), (4) (a) (intro.) and 3., (d), and (g) 1. b., (6) (a) 2., and (7) (a), (b) 3. and 5., and (c) first applies to an application for admission of a minor to an inpatient treatment facility under s. 51.13 that is executed on the effective date of this subsection.

SB107,13,12 (2) The treatment of s. 51.138 (1m) first applies to a 30-day treatment period under s. 51.138 (2) that begins on the effective date of this subsection.

SB107,13,15 (3) The treatment of s. 51.61 (6) first applies to treatment or services for mental illness or developmental delay provided to a minor on the effective date of this subsection.

SB107,13,18 (4) The treatment of s. 51.14 (3) (a), (f), (g), (h) (intro.), and (j) and (4) (a) and (g) (intro.) first applies to the provision of informed consent for outpatient mental health treatment of a minor on the effective date of this subsection.

SB107,23 Section 23. Effective date.

SB107,13,21 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB107,13,22 (end)