May courts presume a person is competent to agree to commitment for treatment if a doctor opines that he isn’t?

Dane County v. N.W., 2019AP48, 8/29/29, District 4 (1-judge opinion, ineligible for publication); case activity N.W. entered a written stipulation to extend his Chapter 51 involuntary mental commitment. On appeal he argued that due process required the circuit court to conduct a colloquy to determine whether he knowingly, intelligently and voluntarily agreed to the extension […] Source: WI Public Defenders – On Point May courts … Continue reading May courts presume a person is competent to agree to commitment for treatment if a doctor opines that he isn’t?

SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

Langlade County v. D.J.W., 2018AP145-FT, petition for review granted 7/10/19; case activity Issue:  A doctor opined that David (a pseudonym) is unable to care for himself, and therefore dangerous under Wis. Stat. § 51.20(1)(am), because he lost employment and relies on the assistance of the government and his family for income and housing. As a […] Source: WI Public Defenders – On Point SCOW to … Continue reading SCOW to decide whether mental illness and reliance on government benefits warrant recommitment under Chapter 51

A new investigative report on the dark side of endless Chapter 51 recommitments

Today Mad in America, a nonprofit that publishes a webzine on science, psychiatry and social justice ran a long article on the dark side of “Assisted Outpatient Treatment” or, as we think of it in Wisconsin, “outpatient recommitments.” Turns out they have a very dark side. Chapter 51 practitioners may find the many studies and […] Source: WI Public Defenders – On Point A new … Continue reading A new investigative report on the dark side of endless Chapter 51 recommitments

SCOW okays default Chapter 51 recommitments without notice to the subject individual

Waukesha County v. S.L.L., 2019WI66, affirming an unpublished court of appeals opinion, 2017AP1468; 6/12/19; case activity This 4-3 decision is alarming. Waukesha County petitioned to recommit S.L.L., a homeless person, but failed to serve her with notice of the hearing because it had no idea where she was. Since she was not served, she didn’t […] Source: WI Public Defenders – On Point SCOW okays … Continue reading SCOW okays default Chapter 51 recommitments without notice to the subject individual