Civil Commitments
Civil Commitments
A civil commitment is a court order that requires a mentally ill, developmentally disabled, or drug dependent individual to get treatment. A commitment order can last for up to six months (though that can be extended later). Please note, there is a separate process for alcohol. A civil commitment is governed by Chapter 51 of the Wisconsin State Statutes. For a civil commitment, the court must find the following three things apply:
1. The individual is mentally ill, developmentally disabled, or drug dependent; and
2. The individual’s condition is treatable; and
3. The individual is a danger to self or others.
How Does a Civil Commitment Start?
Wisconsin law requires the least restrictive approach to treatment. The law strongly favors voluntary treatment over involuntary treatment and protects the individual in need. There are three primary ways to force involuntary treatment in Wisconsin:
1. Three-Party Petition
Three adults provide statements that show the individual meets the standards for a civil commitment. The petitioners must witness the dangerous behaviors. The behaviors must have occurred within the last 60 days. This process may take several weeks to bring to court and requires the assistance of Corporation Counsel.
2. Statement of Emergency Detention by Law Enforcement
Police detain an individual when there is cause to believe the individual is mentally ill, developmentally disabled, or drug dependent, there are immediate safety concerns, and less restrictive options are not available.
3. Statement of Emergency Detention by Treatment Director
When an individual is voluntarily admitted to an inpatient facility, a treatment provider may detain an individual if the standards for a civil commitment are met, even if the patient wants to leave the inpatient facility against medical advice.
Forms Reference
Three-Party Forms
Law Enforcement Forms
Treatment Director Forms
