Wis. Stat. ch. 51

State Alcohol, Drug Abuse, Developmental Disabilities and Mental Health Act

Wisconsin Chapter 51 establishes the statewide framework for licensing, certifying, and operating behavioral health and developmental disability treatment facilities, including psychiatric hospitals, outpatient mental health clinics, crisis urgent care and observation facilities, youth crisis stabilization facilities, crisis hostels, psychiatric residential treatment facilities, opioid treatment programs, and community mental health and substance use programs. Facility operators must obtain department certification or approval, comply with operating standards, and are subject to inspection and enforcement actions including denial or revocation for delinquent taxes. The chapter also governs voluntary and involuntary commitment procedures, patient rights, records, transfers, and discharges across the full continuum of care.

MENTAL HEALTH ACT 51.011 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
CHAPTER 51
STATE ALCOHOL, DRUG ABUSE, DEVELOPMENTAL DISABILITIES 
AND MENTAL HEALTH ACT 
51.001 Legislative policy.
51.01 Definitions.
51.02 Council on mental health.
51.025 Office of children’s mental health.
51.03 Department; powers and duties.
51.032 Denial and revocations of certification or approval based on delinquent 
taxes or unemployment insurance contributions.
51.036 Crisis urgent care and observation facilities.
51.038 Outpatient mental health clinic certification.
51.04 Treatment facility certification.
51.042 Youth crisis stabilization facilities.
51.043 Crisis hostels.
51.044 Psychiatric residential treatment facilities.
51.045 Availability of inpatient psychiatric and other beds.
51.047 Mental health services.
51.05 Mental health institutes.
51.06 Centers for the developmentally disabled.
51.07 Outpatient services.
51.08 Milwaukee County Mental Health Complex.
51.09 County hospitals.
51.10 Voluntary admission of adults.
51.13 Admission of minors.
51.138 Emergency outpatient treatment for minors.
51.14 Review of outpatient mental health treatment of minors aged 14 or older.
51.15 Emergency detention.
51.17 Warning of dangerousness.
51.20 Involuntary commitment for treatment.
51.22 Care and custody of persons.
51.30 Records.
51.35 Transfers and discharges.
51.37 Criminal commitments; mental health institutes.
51.375 Honesty testing of sex offenders.
51.38 Nonresident patients on unauthorized absence.
51.39 Resident patients on unauthorized absence.
51.40 Determination of residence for certain adults; county of responsibility.
51.41 Milwaukee County mental health; Milwaukee County mental health 
board.
51.42 Community mental health, developmental disabilities, alcoholism and 
drug abuse services.
51.421 Community support programs.
51.422 Opioid and methamphetamine treatment programs.
51.4223 Reporting by methadone treatment programs.
51.4224 Opioid treatment.
51.423 Grants-in-aid.
51.437 Developmental disabilities services.
51.44 Early intervention services.
51.441 Comprehensive mental health consultation program.
51.442 Child psychiatry consultation program.
51.448 Addiction medicine consultation program.
51.45 Prevention and control of alcoholism and drug dependence.
51.46 Priority for pregnant women for private treatment for alcohol or other 
drug abuse.
51.47 Alcohol and other drug abuse treatment for minors without parental 
consent.
51.48 Alcohol and other drug testing, assessment, and treatment of minor with-
out minor’s consent.
51.49 Pretrial intoxicated driver intervention grant program.
51.59 Incompetency not implied.
51.60 Appointment of counsel.
51.605 Reimbursement for counsel provided by the state.
51.61 Patients rights.
51.62 Protection and advocacy system.
51.63 Private pay for patients.
51.64 Reports of death required; penalty; assessment.
51.65 Segregation of tuberculosis patients.
51.67 Alternate procedure; protective services.
51.72 Suicide prevention programming grants.
51.75 Interstate compact on mental health.
51.76 Compact administrator.
51.77 Transfer of patients.
51.78 Supplementary agreements.
51.79 Transmittal of copies.
51.80 Patients’ rights.
51.81 Uniform extradition of persons of unsound mind act; definitions.
51.82 Delivery of certain nonresidents.
51.83 Authentication of demand; discharge; costs.
51.84 Limitation of time to commence proceeding.
51.85 Interpretation.
51.87 Interstate contracts for services under this chapter.
51.90 Antidiscrimination.
51.91 Supplemental aid.
51.95 Short title.
Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 50, 51, 54, 
55, and 58.
51.001 Legislative policy. (1) It is the policy of the state to 
assure the provision of a full range of treatment and rehabilitation 
services in the state for all mental disorders and developmental 
disabilities and for mental illness, alcoholism and other drug 
abuse. There shall be a unified system of prevention of such con-
ditions and provision of services which will assure all people in 
need of care access to the least restrictive treatment alternative 
appropriate to their needs, and movement through all treatment 
components to assure continuity of care, within the limits of 
available state and federal funds and of county funds required to 
be appropriated to match state funds.
(2) To protect personal liberties, no person who can be treated 
adequately outside of a hospital, institution or other inpatient fa-
cility may be involuntarily treated in such a facility.
History: 1975 c. 430; 1995 a. 92.
51.01 Definitions. As used in this chapter, except where oth-
erwise expressly provided:
(1d) “Active psychosis” means a severe mental condition 
where an individual’s mental reality is separated from the indi-
vidual’s physical reality and the individual experiences symp-
toms such as hallucinations or delusions.
(1h) “Alcoholic” means a person who is suffering from 
alcoholism.
(1m) “Alcoholism” is a disease which is characterized by the 
dependency of a person on the drug alcohol, to the extent that the 
person’s health is substantially impaired or endangered or his or 
her social or economic functioning is substantially disrupted.
(2) “Approved treatment facility” means any publicly or pri-
vately operated treatment facility or unit thereof approved by the 
department for treatment of alcoholic, drug dependent, mentally 
ill or developmentally disabled persons.
(2c) “Approved tribal treatment facility” means a treatment 
agency that operates under the direction and control of a federally 
recognized American Indian tribe or band in this state and meets 
the standards prescribed for approved treatment facilities under s. 
51.45 (8) (a) and is approved under s. 51.45 (8) (c).
(2g) (a) “Brain injury” means any injury to the brain, regard-
less of age at onset, whether mechanical or infectious in origin, 
including brain trauma, brain damage and traumatic head injury, 
the results of which are expected to continue indefinitely, which 
constitutes a substantial handicap to the individual, and which di-
rectly results in any 2 or more of the following:
1. Attention impairment.
2. Cognition impairment.
3. Language impairment.
4. Memory impairment.
5. Conduct disorder.
6. Motor disorder.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 2 51.01 MENTAL HEALTH ACT
7. Any other neurological dysfunction.
(am) “Brain injury” includes any injury to the brain under par. 
(a) that is vascular in origin if received by a person prior to his or 
her attaining the age of 22 years.
(b) “Brain injury” does not include alcoholism, Alzheimer’s 
disease as specified under s. 46.87 (1) (a), or degenerative brain 
disorder, as defined in s. 55.01 (1v).
(3) “Center for the developmentally disabled” means any fa-
cility which is operated by the department and which provides 
services including, but not limited to, 24-hour treatment, consul-
tation, training and education for developmentally disabled 
persons.
(3n) “Community mental health program” means a program 
to provide community-based outpatient mental health services 
that is operated by or under contract with a county department of 
community programs or that requests payment for the services 
under the medical assistance program or under benefits required 
under s. 632.89 (2).
(3s) “Community support program” means a coordinated 
care and treatment system that provides a network of services 
through an identified treatment program and staff to ensure ongo-
ing therapeutic involvement and individualized treatment in the 
community for individuals with serious and persistent mental 
illness.
(4) “Conditional transfer” means a transfer of a patient or res-
ident to a less restrictive environment for treatment which is made 
subject to conditions imposed for the benefit of the patient or 
resident.
(4g) “County of residence” means the county that is deter-
mined under s. 51.40 to be the county of residence.
(4r) “Degenerative brain disorder” means the loss or dysfunc-
tion of brain cells to the extent that the individual is substantially 
impaired in his or her ability to provide adequately for his or her 
own care or custody or to manage adequately his or her property 
or financial affairs.
(5) (a) “Developmental disability” means a disability attrib-
utable to brain injury, cerebral palsy, epilepsy, autism, Prader-
Willi syndrome, intellectual disability, or another neurological 
condition closely related to an intellectual disability or requiring 
treatment similar to that required for individuals with an intellec-
tual disability, which has continued or can be expected to con-
tinue indefinitely and constitutes a substantial handicap to the af-
flicted individual. “Developmental disability” does not include 
dementia that is primarily caused by degenerative brain disorder.
(b) “Developmental disability”, for purposes of involuntary 
commitment, does not include cerebral palsy or epilepsy.
(6) “Director” means the person in charge of a state treatment 
facility, state or local treatment center, or approved private 
facility.
(7) “Discharge” of a patient who is under involuntary com-
mitment orders means a termination of custody and treatment 
obligations of the patient to the authority to which the patient was 
committed by court action. The “discharge” of a patient who is 
voluntarily admitted to a treatment program or facility means a 
termination of treatment obligations between the patient and the 
treatment program or facility.
(8) “Drug dependence” means a disease that is characterized 
by a person’s use of one or more drugs that is beyond the person’s 
ability to control to the extent that the person’s physical health is 
substantially impaired or his or her social or economic function-
ing is substantially disrupted.
(8b) “Drug dependent” means suffering from drug 
dependence.
(8m) “Health care professional” means any of the following:
(a) A registered nurse who is licensed under s. 441.06, who is 
permitted under s. 441.08, or who holds a multistate license, as 
defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 
441.51 (2) (k).
(b) A licensed practical nurse who is licensed or has a tempo-
rary permit under s. 441.10 or who holds a multistate license, as 
defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 
441.51 (2) (k).
(c) A physician who is licensed to practice medicine and 
surgery under s. 448.02.
(d) A physician assistant who is licensed under s. 448.974.
(e) A psychologist who is licensed to practice psychology un-
der subch. I of ch. 455.
(f) A person providing psychological services under s. 455.02 
(2m) (o).
(9) “Hospital” has the meaning given under s. 50.33.
(10) “Inpatient facility” means a public or private hospital or 
unit of a hospital which has as its primary purpose the diagnosis, 
treatment and rehabilitation of mental illness, developmental dis-
ability, alcoholism or drug abuse and which provides 24-hour 
care.
(10m) “Juvenile correctional facility” has the meaning given 
in s. 938.02 (10p).
(11) “Law enforcement officer” means any person who by 
virtue of the person’s office or public employment is vested by 
law with the duty to maintain public order or to make arrests for 
crimes while acting within the scope of the person’s authority.
(11m) “Licensed mental health professional” has the mean-
ing given in s. 632.89 (1) (dm).
(12) “Mental health institute” means any institution operated 
by the department for specialized psychiatric services, research, 
education, and which is responsible for consultation with com-
munity programs for education and quality of care.
(13) (a) “Mental illness” means mental disease to such ex-
tent that a person so afflicted requires care and treatment for his 
or her own welfare, or the welfare of others, or of the community.
(b) “Mental illness”, for purposes of involuntary commit-
ment, means a substantial disorder of thought, mood, perception, 
orientation, or memory which grossly impairs judgment, behav-
ior, capacity to recognize reality, or ability to meet the ordinary 
demands of life, but does not include alcoholism.
(14) “Residence” has the meaning given under s. 49.001 (6).
(14k) “Secured residential care center for children and 
youth” has the meaning given in s. 938.02 (15g).
(14t) “Serious and persistent mental illness” means a mental 
illness that is severe in degree and persistent in duration, that 
causes a substantially diminished level of functioning in the pri-
mary aspects of daily living and an inability to cope with the ordi-
nary demands of life, that may lead to an inability to maintain sta-
ble adjustment and independent functioning without long-term 
treatment and support, and that may be of lifelong duration. “Se-
rious and persistent mental illness” includes schizophrenia as 
well as a wide spectrum of psychotic and other severely disabling 
psychiatric diagnostic categories, but does not include degenera-
tive brain disorder or a primary diagnosis of a developmental dis-
ability or of alcohol or drug dependence.
(15) “State treatment facility” means any of the institutions 
operated by the department for the purpose of providing diagno-
sis, care or treatment for mental or emotional disturbance, devel-
opmental disability, alcoholism or drug dependency and includes 
but is not limited to mental health institutes.
(16) “Transfer” means the movement of a patient or resident 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.033 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
between approved treatment facilities or to or from an approved 
treatment facility and the community.
(17) “Treatment” means those psychological, educational, 
social, chemical, medical or somatic techniques designed to bring 
about rehabilitation of a mentally ill, alcoholic, drug dependent 
or developmentally disabled person.
(18) “Treatment director” means the person who has primary 
responsibility for the treatment provided by a treatment facility. 
The term includes the medical director of a facility.
(19) “Treatment facility” means any publicly or privately op-
erated facility or unit thereof providing treatment of alcoholic, 
drug dependent, mentally ill or developmentally disabled per-
sons, including but not limited to inpatient and outpatient treat-
ment programs, community support programs and rehabilitation 
programs.
History: 1975 c. 430 ss. 11, 81; 1977 c. 26; 1977 c. 203 s. 106; 1977 c. 428; 1981 
c. 79 s. 17; 1983 a. 189 s. 329 (19); 1983 a. 441; 1985 a. 29 s. 3202 (23); 1985 a. 
265, 307; 1993 a. 445; 1995 a. 27; 1997 a. 47; 1999 a. 9; 2005 a. 264, 344, 387, 388; 
2007 a. 45; 2009 a. 28; 2011 a. 126; 2013 a. 246; 2017 a. 34; 2023 a. 229.
Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 48, 50, 51, 
54, 55, and 58.
“Treatment” does not include habilitation. Milwaukee County Combined Com-
munity Services Board v. Athans, 107 Wis. 2d 331, 320 N.W.2d 30 (Ct. App. 1982).
Alzheimer’s disease is one type of a degenerative brain disorder. This chapter in-
cludes the definition of degenerative brain disorder only to specifically exclude it 
from the chapter’s authority, whereas the ch. 55 definition is used to include it in the 
scope of authority granted under ch. 55. Rehabilitation is a necessary element of 
treatment under this chapter. Because there are no techniques that can be employed 
to bring about rehabilitation from Alzheimer’s disease, an individual with the dis-
ease cannot be rehabilitated. Accordingly, an Alzheimer’s patient is not a proper 
subject for treatment under this chapter. Fond du Lac County v. Helen E.F., 2011 
WI App 72, 333 Wis. 2d 740, 798 N.W.2d 707, 10-2061.
Affirmed. 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.
“Rehabilitation,” as used in sub. (17), addresses the control of symptoms. It com-
prises treatment going beyond custodial care to affect the disease and symptoms. 
But rehabilitation is not synonymous with cure. A symptom is an expression of the 
disorder at work within the patient. Rehabilitation refers to improving the patient’s 
condition through ameliorating endogenous factors such as symptoms and behav-
iors. If a treatment controls symptoms to such a degree that withdrawing it would 
subject the patient to a more restrictive treatment alternative, then the treatment con-
trols enough symptoms to establish the patient has rehabilitative potential. Wauke-
sha County v. J.W.J., 2017 WI 57, 375 Wis. 2d 542, 895 N.W.2d 783, 16-0046.
51.02 Council on mental health. (1) The council on 
mental health shall have the following duties:
(a) Advise the department, the legislature and the governor on 
the use of state and federal resources and on the provision and ad-
ministration of programs for persons who are mentally ill or who 
have other mental health problems, for groups who are not ade-
quately served by the mental health system, for the prevention of 
mental health problems and for other mental health related 
purposes.
(b) Provide recommendations to the department on the expen-
diture of federal funds received under the community mental 
health block grant under 42 USC 300x to 300x-9 and participate 
in the development of and monitor and evaluate the implementa-
tion of, the community mental health block grant plan.
(c) Review all departmental plans for services affecting per-
sons with mental illness and monitor the implementation of the 
plans.
(d) Serve as an advocate for persons with mental illness.
(f) Consult with the department in the development of a 
model community mental health plan under s. 51.42 (7) (a) 9. , 
and review and advise the department on community mental 
health plans submitted by counties under s. 51.42 (3) (ar) 5.
(g) Promote the development and administration of a delivery 
system for community mental health services that is sensitive to 
the needs of consumers of the services.
(h) Review and comment on the human services and commu-
nity programs board member training curriculum developed by 
the department under s. 51.42 (7) (a) 3m.
(2) The secretary shall submit all departmental plans affect-
ing persons with mental illness to the council for its review. The 
council shall provide its recommendations to the secretary within 
such time as the secretary may require.
History: 1983 a. 439; 1987 a. 186; 1993 a. 445; 1995 a. 27; 2001 a. 16.
51.025 Office of children’s mental health. (1) The of-
fice of children’s mental health shall study and recommend ways, 
and coordinate initiatives, to improve the integration across state 
agencies of mental health services provided to children and mon-
itor the performance of programs that provide those services.
(2) By January 1, 2015, and by January 1 of each year there-
after, the office of children’s mental health shall submit a report 
to the joint committee on finance and to the appropriate standing 
committees of the legislature under s. 13.172 (3) that includes all 
of the following:
(a) A summary of the activities of that office in the previous 
year, including actions the office has taken to improve the coordi-
nation of mental health services provided to children by state 
agencies.
(b) A summary of data collected by that office that relate to 
the outcomes of children who receive mental health services pro-
vided by state agencies.
(c) A discussion of areas in which the state’s delivery of men-
tal health services for children could be improved.
History: 2013 a. 20.
51.03 Department; powers and duties. (1g) In this 
section:
(a) “Early intervention” means action to hinder or alter a per-
son’s mental disorder or abuse of alcohol or other drugs in order 
to reduce the duration of early symptoms or to reduce the dura-
tion or severity of mental illness or alcohol or other drug abuse 
that may result.
(b) “Individualized service planning” means a process under 
which a person with mental illness or who abuses alcohol or 
other drugs and, if a child, his or her family, receives information, 
education and skills to enable the person to participate mutually 
and creatively with his or her mental health or alcohol or other 
drug abuse service provider in identifying his or her personal 
goals and developing his or her assessment, crisis protocol, treat-
ment and treatment plan. “Individualized service planning” is 
tailored to the person and is based on his or her strengths, abilities 
and needs.
(c) “Prevention” means action to reduce the instance, delay 
the onset or lessen the severity of mental disorder, before the dis-
orders may progress to mental illness, by reducing risk factors for, 
enhancing protections against and promptly treating early warn-
ing signs of mental disorder.
(d) “Recovery” means the process of a person’s growth and 
improvement, despite a history of mental illness or alcohol or 
other drug abuse, in attitudes, feelings, values, goals, skills and 
behavior and is measured by a decrease in dysfunctional symp-
toms and an increase in maintaining the person’s highest level of 
health, wellness, stability, self-determination and self-sufficiency.
(e) “Stigma” means disqualification from social acceptance, 
derogation, marginalization and ostracism encountered by per-
sons with mental illness or persons who abuse alcohol or other 
drugs as the result of societal negative attitudes, feelings, percep-
tions, representations and acts of discrimination.
(1r) The department through its authorized agents may visit 
or investigate any treatment facility to which persons are admitted 
or committed under this chapter.
(2) No later than 14 days after the date of a death reported un-
der s. 51.64 (2) (a), the department shall investigate the death.
(3) (a) Beginning on September 1, 1996, the department 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 4 51.03 MENTAL HEALTH ACT
shall collect and analyze information in this state on each of the 
following:
1. The number of commitments initiated under s. 51.15 or 
51.20 (1).
2. The number of commitments ordered under s. 51.20 (13).
3. The number of, cost of and paying sources for days of in-
patient mental health treatment that result from the commitments 
initiated under subd. 1. or ordered under subd. 2.
5. The number of persons who are receiving care and treat-
ment under community support programs voluntarily or under 
commitments ordered under s. 51.20 (13).
6. The number of individuals authorized to consent to invol-
untary administration of psychotropic medication under s. 55.14 
(8) or for whom guardians were appointed under s. 880.33 (4m), 
2003 stats.
(b) By April 1, 1997, and annually by that date for 3 years 
thereafter, the department shall submit a report to the legislature 
under s. 13.172 (2) on the information collected under par. (a).
(4) Within the limits of available state and federal funds, the 
department may do all of the following:
(a) Promote the creation of coalitions among the state, coun-
ties, providers of mental health and alcohol and other drug abuse 
services, consumers of the services and their families and advo-
cates for persons with mental illness and for alcoholic and drug 
dependent persons to develop, coordinate and provide a full range 
of resources to advance prevention; early intervention; treatment; 
recovery; safe and affordable housing; opportunities for educa-
tion, employment and recreation; family and peer support; self-
help; and the safety and well-being of communities.
(b) In cooperation with counties, providers of mental health 
and alcohol and other drug abuse services, consumers of the ser-
vices, interested community members and advocates for persons 
with mental illness and for alcoholic and drug dependent persons, 
develop and implement a comprehensive strategy to reduce 
stigma of and discrimination against persons with mental illness, 
alcoholics and drug dependent persons.
(c) Develop and implement a comprehensive strategy to in-
volve counties, providers of mental health and alcohol and other 
drug abuse services, consumers of the services and their families, 
interested community members and advocates for persons with 
mental illness and for alcoholic and drug dependent persons as 
equal participants in service system planning and delivery.
(d) Promote responsible stewardship of human and fiscal re-
sources in the provision of mental health and alcohol and other 
drug abuse services.
(e) Develop and implement methods to identify and measure 
outcomes for consumers of mental health and alcohol and other 
drug abuse services.
(f) Promote access to appropriate mental health and alcohol 
and other drug abuse services regardless of a person’s geographic 
location, age, degree of mental illness, alcoholism or drug depen-
dency or availability of personal financial resources.
(g) Promote consumer decision making to enable persons 
with mental illness and alcohol or drug dependency to be more 
self-sufficient.
(h) Promote use by providers of mental health and alcohol and 
other drug abuse services of individualized service planning, un-
der which the providers develop written individualized service 
plans that promote treatment and recovery, together with service 
consumers, families of service consumers who are children and 
advocates chosen by consumers.
(5) The department shall ensure that providers of mental 
health and alcohol and other drug abuse services who use indi-
vidualized service plans, as specified in sub. (4) (h), do all of the 
following in using a plan:
(a) Establish meaningful and measurable goals for the 
consumer.
(b) Base the plan on a comprehensive assessment of the con-
sumer’s strengths, abilities, needs and preferences.
(c) Keep the plan current.
(d) Modify the plan as necessary.
(6) (a) In this subsection, “licensed treatment professional” 
means a physician who has completed a residence in psychiatry; 
a psychologist; a private practice school psychologist who is li-
censed under ch. 455; a marriage and family therapist, as defined 
in s. 457.01 (3); a professional counselor, as defined in s. 457.01 
(7); an advanced practice social worker, as defined in s. 457.01 
(1c); an independent social worker, as defined in s. 457.01 (2g); a 
clinical social worker, as defined in s. 457.01 (1r); or any of these 
individuals who is practicing under a currently valid training or 
temporary license or certificate granted under applicable provi-
sions of ch. 457. “Licensed treatment professional” does not in-
clude an individual whose license, certificate, or privilege is sus-
pended, revoked, or voluntarily surrendered, or whose license, 
certificate, or privilege is limited or restricted, when practicing in 
areas prohibited by the limitation or restriction.
(b) The department may not require a mental health clinic or 
an individual licensed treatment professional who is otherwise 
authorized to provide outpatient mental health services at a 
school to designate the school site as a clinic office in order to 
provide outpatient mental health services at a school.
History: 1975 c. 430 ; 1989 a. 336 ; 1995 a. 292 ; 1999 a. 9 ; 2005 a. 264 , 387; 
2007 a. 20, 45; 2011 a. 32; 2015 a. 294; 2021 a. 131; 2023 a. 55; 2025 a. 232.
51.032 Denial and revocations of certification or ap-
proval based on delinquent taxes or unemployment in-
surance contributions. (1) Except as provided in sub. (1m), 
the department shall require each applicant to provide the depart-
ment with his or her social security number, if the applicant is an 
individual, or the applicant’s federal employer identification 
number, if the applicant is not an individual, as a condition of is-
suing any of the following:
(a) A certification issued under s. 51.038.
(b) A certification issued under s. 51.04.
(c) A certification issued under rules required under s. 51.42 
(7) (b) 11.
(d) A certification issued under rules required under s. 51.421 
(3) (a).
(e) An approval issued under s. 51.45 (8).
(1m) If an individual who applies for a certification or ap-
proval under sub. (1) does not have a social security number, the 
individual, as a condition of obtaining the certification or ap-
proval, shall submit a statement made or subscribed under oath or 
affirmation to the department that the applicant does not have a 
social security number. The form of the statement shall be pre-
scribed by the department of children and families. A certifica-
tion or approval issued in reliance upon a false statement submit-
ted under this subsection is invalid.
(2) The department may not disclose any information re-
ceived under sub. (1) to any person except to the department of 
revenue for the sole purpose of requesting certifications under s. 
73.0301 and to the department of workforce development for the 
sole purpose of requesting certifications under s. 108.227.
(3) Except as provided in sub. (1m), the department shall 
deny an application for the issuance of a certification or approval 
specified in sub. (1) if the applicant does not provide the informa-
tion specified in sub. (1).
(4) The department shall deny an application for the issuance 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.0365 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
of a certification or approval specified in sub. (1) or shall revoke 
a certification or approval specified in sub. (1) if the department 
of revenue certifies under s. 73.0301 that the applicant for or 
holder of a certification or approval is liable for delinquent taxes 
or if the department of workforce development certifies under s. 
108.227 that the applicant for or holder of a certification or ap-
proval is liable for delinquent unemployment insurance 
contributions.
(5) An action taken under sub. (3) or (4) is subject to review 
only as provided under s. 73.0301 (2) (b) and (5) or s. 108.227 (5) 
and (6), whichever is applicable.
History: 1997 a. 237; 1999 a. 9; 2007 a. 20; 2013 a. 36.
51.036 Crisis urgent care and observation facilities. 
(1) DEFINITIONS. In this section:
(a) “Crisis” means a situation caused by an individual’s ap-
parent mental or substance use disorder that results in a high level 
of stress or anxiety for the individual, persons providing care for 
the individual, or the public and that is not resolved by the avail-
able coping methods of the individual or by the efforts of those 
providing ordinary care or support for the individual.
(b) “Crisis urgent care and observation facility” means a treat-
ment facility that admits an individual to prevent, de-escalate, or 
treat the individual’s mental health or substance use disorder and 
includes the necessary structure and staff to support the individ-
ual’s needs relating to the mental health or substance use 
disorder.
(2) CERTIFICATION REQUIRED; EXEMPTION; GRANTS. (a) The 
department shall establish a certification process for crisis urgent 
care and observation facilities and a grant program to award 
grants to develop and support crisis urgent care and observation 
facilities. No person may operate a crisis urgent care and obser-
vation facility without a certification from the department. The 
department may make announced and unannounced inspections 
and complaint investigations of crisis urgent care and observation 
facilities as it deems necessary, at reasonable times and in a rea-
sonable manner. The department may limit the number of certifi-
cations it grants to operate crisis urgent care and observation fa-
cilities. The department shall, using the department’s division of 
the state into regions by county, include statewide geographic 
consideration in its evaluation of applications for certification un-
der this section to ensure geographic diversity among the regions 
in the location of crisis urgent care and observation facilities cer-
tified under this section.
(b) 1. A crisis urgent care and observation facility certified 
under this section is not subject to facility regulation under ch. 50, 
unless otherwise required due to the facility’s licensure or certifi-
cation for other services or purposes. A crisis urgent care and ob-
servation facility is not a hospital subject to approval under ss. 
50.32 to 50.39 and nothing in this subsection limits services a 
hospital may provide under ch. 50.
2. Notwithstanding par. (d), the department shall promote 
certification and encourage any facility that is licensed as a hospi-
tal under ch. 50 and provides services consistent with those de-
scribed in par. (c) 1. to 9. to apply for certification under this sec-
tion. The requirements under this section may not be construed 
to prohibit, limit, or otherwise interfere with services provided by 
a county or a hospital or other facility that are provided consistent 
with the facility’s existing licensure or certification, whether the 
facility is publicly or privately funded.
3. Notwithstanding s. 150.93, any hospital that expands psy-
chiatric bed capacity to accommodate admissions under this sec-
tion may increase its approved bed capacity by the number of 
psychiatric beds added under this subdivision.
4. The department shall take into account the geography of 
hospital facilities granted certification under subd. 2. when con-
sidering certification applications for other crisis urgent care and 
observation facilities.
(c) Subject to par. (d), the department may grant a certifica-
tion to a crisis urgent care and observation facility that specifies 
in an application the level of care the facility can provide to pa-
tients and demonstrates in the application its ability to do all of 
the following:
1. Accept referrals for crisis services for adults and, if appli-
cable, for youth, including any of the following:
a. Involuntary patients brought under s. 51.15.
b. Voluntary patients for services arriving as walk-ins or 
brought by law enforcement, emergency medical responders or 
emergency medical services practitioners, or county crisis 
personnel.
2. Abstain from having a requirement for medical clearance 
before admission assessment.
3. Provide assessments for physical health, substance use 
disorder, and mental health.
4. Provide screening for suicide and violence risk.
5. Provide medication management and therapeutic 
counseling.
6. Provide coordination of services for basic needs.
7. Provide for the safety and security of both the staff and the 
patients.
8. Have adequate staffing 24 hours a day, 7 days a week, in-
cluding through use of telehealth, as described under s. 49.45 
(61), with a multidisciplinary team that includes, as needed, psy-
chiatrists or psychiatric nurse practitioners, physician assistants, 
nurses, licensed clinicians capable of completing assessments, 
peers with lived experience, and other appropriate staff.
9. Allow for voluntary and involuntary treatment of individ-
uals in crisis as a means to avoid unnecessary placement of those 
individuals in hospital inpatient beds and allow for an effective 
conversion to voluntary stabilization when warranted in the same 
setting.
10. Contribute, from at least one nonstate, federal, or 3rd-
party revenue source, an amount, as determined by the depart-
ment, in addition to any grant awarded by the department under 
this section.
(d) Before the department may grant certification to a facility 
under this section, the department shall submit the proposal for 
certification to the joint committee on finance for approval. If the 
cochairpersons of the joint committee on finance do not notify 
the department within 14 working days after the date of the sub-
mittal under this paragraph that the committee has scheduled a 
meeting for the purpose of reviewing the proposal, the depart-
ment may grant certification of that facility as described in the 
proposal. If, within 14 working days after the date of the submit-
tal under this paragraph, the cochairpersons of the committee no-
tify the department that the committee has scheduled a meeting 
for the purpose of reviewing the proposal, the department may 
grant certification of that facility only upon approval by the com-
mittee. When submitting a proposal regarding certification of a 
facility under this paragraph, the department shall provide the 
joint committee on finance with all of the following information 
about the facility proposed for certification:
1. The department’s rationale for selecting the facility.
2. Where the facility is to be located.
3. A specific description of the entity that will be awarded 
certification.
4. A description of how the funding for the facility will work.
5. The timeline of the facility for accepting patients.
6. The distance from the facility to the nearest hospital.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 6 51.036 MENTAL HEALTH ACT
7. A description of the facility’s plan for staffing, including 
staff on call.
8. The number of beds in the facility.
9. A description of the facility’s admission, hold, and dis-
charge policies.
10. Security considerations for patients and staff at the 
facility.
11. The estimated population to be served.
12. The estimated number of diversions from the Winnebago 
Mental Health Institute had the facility been operating the past 5 
years.
13. Policies that ensure the facility has the capacity to assess 
physical health needs and deliver care for most minor physical 
health challenges, while also having an identified process in order 
to transfer an individual to a facility with more medically staffed 
services if needed.
(e) No later than June 30 of each year, beginning by June 30, 
2025, the department shall submit to the joint committee on fi-
nance and to the chief clerk of each house of the legislature, for 
distribution to the appropriate standing committees under s. 
13.172 (3), a report regarding crisis urgent care and observation 
facilities under this section, including information relating to all 
of the following:
1. Applications for certification received by the department.
2. The number of admissions, including both voluntary and 
involuntary admissions.
3. Data regarding how patients are arriving for admission, in-
cluding through transport by law enforcement, family, emergency 
medical responders or emergency medical services practitioners, 
or county crisis personnel.
4. Average wait times, including for admission, treatment, 
discharge, and any other significant aspect of services provided 
by a crisis urgent care and observation facility.
5. The length of patient stays.
6. The time of day patients are admitted.
7. The source of payments for patient care, including private 
payment sources or payment under the Medical Assistance pro-
gram under subch. IV of ch. 49.
8. Data regarding the county of residence for each patient in 
counties for which the county’s data is equal to or greater than 20 
patients.
9. The estimated number of diversions from the Winnebago 
Mental Health Institute.
10. A description of the number and type of employees pro-
viding staffing during the various times of day, including through 
the use of telehealth.
11. A description of rules and procedures for determining 
where to take an individual in need of crisis services if a crisis ur-
gent care and observation facility does not have capacity or other-
wise does not accept an individual.
12. The number of repeat clients and readmissions.
13. Utilization of follow-up services, as applicable.
14. The number of transfers to other facilities, including 
Winnebago Mental Health Institute, hospitals, or other facilities.
15. A description of any injuries, assaults, or other safety-re-
lated incidents.
16. A breakdown of funding, including the amounts and 
sources of funding.
17. The number of clients served.
18. Facility capacity, specifically the number of staffed beds.
(f) Notwithstanding the certification requirements set forth 
under this subsection, any facility that before March 31, 2024, is 
providing crisis intervention services that on or after March 31, 
2024, would otherwise require certification as a crisis urgent care 
and observation facility may on and after March 31, 2024, con-
tinue to provide these services without obtaining certification 
from the department under this subsection.
(3) ADMISSIONS. (a) A crisis urgent care and observation fa-
cility certified under this section may accept individuals for any 
of the following services:
1. Voluntary stabilization.
2. Observation and treatment, including for assessments for 
mental health or substance use disorder.
3. Screening for suicide and violence risk.
4. Medication management and therapeutic counseling.
(b) A crisis urgent care and observation facility certified un-
der this section shall accept an adult individual for emergency de-
tention under s. 51.15 and may accept a youth for emergency de-
tention under s. 51.15. If the facility does not have capacity to ac-
cept an adult individual for purposes of emergency detention or if 
the facility does not accept a youth for purposes of emergency de-
tention, that individual shall be transported to another appropri-
ate facility in accordance with rules established by the depart-
ment under sub. (4). A county crisis assessment under s. 51.15 
(2) (c) is required prior to admission to a crisis urgent care and 
observation facility for purposes of emergency detention, but the 
medical clearance requirement under s. 51.15 (2) (b) does not ap-
ply to crisis urgent care and observation facility admissions for 
purposes of emergency detention.
(c) The department shall encourage each crisis urgent care 
and observation facility certified under this section to operate 
with the intent to admit individuals for no longer than 5 days, ex-
cept in exceptional circumstances.
(4) RULES. The department shall promulgate rules to imple-
ment this section, including all of the following:
(a) Establishment of the grant program described under sub. 
(2), including procedures for administration and establishment of 
criteria for awarding grants.
(b) Establishment of requirements for crisis urgent care and 
observation facilities to match a portion of any grant awarded by 
the department under this section, as set forth under sub. (2) (c) 
10., and for determining what types of contributions may count 
toward the matching requirement. The matching requirement es-
tablished by the department under this paragraph may be fulfilled 
through in-kind contributions.
(c) Requirements for admitting, holding, and discharging indi-
viduals for purposes of emergency detention.
(d) Minimum security requirements for crisis urgent care and 
observation facilities certified under this section.
(e) Establishment of a target range for the number of beds in a 
crisis urgent care and observation facility certified under this 
section.
(f) Establishment of policies and criteria to ensure that law 
enforcement and other persons authorized to transport or cause 
transportation of an individual for purposes of emergency deten-
tion have clear standards and procedures regarding all of the 
following:
1. The circumstances under which law enforcement and 
other persons may bring an individual to a crisis urgent care and 
observation facility certified under this section.
2. The determination as to which facility law enforcement 
and other persons authorized to transport or cause transportation 
of an individual for purposes of emergency detention may take an 
individual.
(g) Establishment of policies relating to interfacility transfers 
initiated at a crisis urgent care and observation facility, including 
how such transfers should occur and who should be involved in 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.0437 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
such transfers. Barring exigent circumstances that necessitate 
law enforcement involvement, law enforcement may not transport 
an individual for purposes of an interfacility transfer from a crisis 
urgent care and observation facility.
(h) Establishment of procedures to coordinate communication 
regarding bed availability in a crisis urgent care and observation 
facility before the arrival of a patient and establishment of a 
process for determining where to take an individual in need of 
crisis services if a crisis urgent care and observation facility does 
not have capacity or otherwise does not accept an individual.
(i) Establishment of policies for coordination between crisis 
urgent care and observation facilities certified under this section 
and any facility established or operated with funding received un-
der s. 165.12 from settlement proceeds from the opiate litigation, 
as defined in s. 165.12 (1), as well as policies to encourage aware-
ness of and communication and coordination with other facilities 
that provide services similar to those provided by crisis urgent 
care and observation facilities.
(j) Establishment of procedures to require a crisis urgent care 
and observation facility to coordinate continuity of care with, 
when appropriate, a hub-and-spoke health home pilot program 
for any patient treated at a crisis urgent care and observation facil-
ity for a period of 5 or fewer days. The department shall establish 
procedures for follow-up with other transition facilities in the 
event that a hub-and-spoke health home pilot program is appro-
priate but not available.
(k) Establishment of policies and procedures for crisis urgent 
care and observation facilities that intend to accept both youths 
and adults, including requirements that youths be treated in a sep-
arate part of the facility from adults, policies to address youth-re-
lated treatment issues, including parental input, and staff training 
for youth-specific issues.
(L) Establishment of appropriate staffing level requirements, 
including policies to ensure the availability of adequate in-person 
and on-site care.
(m) Establishment of requirements to define the population to 
be served at a given crisis urgent care and observation facility, in-
cluding establishment of any minimum age requirements.
(5) COORDINATION. In accordance with rules established by 
the department under sub. (4) (i), a crisis urgent care and observa-
tion facility certified under this section shall coordinate to the 
fullest extent possible with any facility established or operated 
with funding received under s. 165.12 from settlement proceeds 
from the opiate litigation, as defined in s. 165.12 (1), as well as 
with other facilities that provide services similar to those pro-
vided by crisis urgent care and observation facilities.
History: 2023 a. 249.
51.038 Outpatient mental health clinic certification. 
Except as provided in s. 51.032, if a facility that provides mental 
health services on an outpatient basis holds current accreditation 
from the council on accreditation of services for families and 
children, the department may accept evidence of this accredita-
tion as equivalent to the standards established by the department, 
for the purpose of certifying the facility for the receipt of funds 
for services provided as a benefit to a medical assistance recipient 
under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids 
funding recipient under s. 51.423 (2) or as mandated coverage un-
der s. 632.89.
History: 1987 a. 27; 1997 a. 237; 2007 a. 20.
51.04 Treatment facility certification. Except as provided 
in s. 51.032, any treatment facility may apply to the department 
for certification of the facility for the receipt of funds for services 
provided as a benefit to a medical assistance recipient under s. 
49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids fund-
ing recipient under s. 51.423 (2) or provided as mandated cover-
age under s. 632.89. The department shall annually charge a fee 
for each certification.
History: 1975 c. 224 ; Stats. 1975 s. 51.44; 1975 c. 430 s. 53m; Stats. 1975 s. 
51.04; 1983 a. 27; 1985 a. 29, 176; 1995 a. 27; 1997 a. 237; 2007 a. 20.
Cross-reference: See also ch. DHS 35, Wis. adm. code.
51.042 Youth crisis stabilization facilities. (1) DEFINI-
TIONS. In this section:
(a) “Crisis” means a situation caused by an individual’s ap-
parent mental disorder that results in a high level of stress or anx-
iety for the individual, persons providing care for the individual, 
or the public and that is not resolved by the available coping 
methods of the individual or by the efforts of those providing or-
dinary care or support for the individual.
(b) “Youth crisis stabilization facility” is a treatment facility 
with a maximum of 8 beds that admits a minor to prevent or de-
escalate the minor’s mental health crisis and avoid admission of 
the minor to a more restrictive setting.
(2) CERTIFICATION REQUIRED; EXEMPTION. (a) No person 
may operate a youth crisis stabilization facility without a certifi-
cation from the department. The department may limit the num-
ber of certifications it grants to operate a youth crisis stabilization 
facility.
(b) A youth crisis stabilization facility that has a certification 
from the department under this section is not subject to facility 
regulation under ch. 48.
(3) ADMISSION OF MINORS. A minor may be admitted to a 
youth crisis stabilization facility under this section by a court or-
der under s. 51.20 (13) (a) 3. or through the procedure under s. 
51.13. No person may transport a minor to a youth crisis stabi-
lization facility for detention under s. 51.15.
(4) RULES. The department may promulgate rules to imple-
ment this section.
History: 2017 a. 59.
51.043 Crisis hostels. (1) DEFINITIONS. In this section:
(a) “Crisis hostel” means a mental health stabilization pro-
gram with a maximum of 15 beds that provides crisis stabiliza-
tion services to an adult individual to prevent or de-escalate the 
individual’s mental health crisis and avoid admission of the indi-
vidual to a more restrictive setting.
(b) “Crisis stabilization services” means optional emergency 
mental health services that provide short-term, intensive, com-
munity-based services to avoid the need for inpatient 
hospitalization.
(2) CERTIFICATION REQUIRED; EXEMPTION. (a) Except as 
provided in par. (b), no person may operate a crisis hostel without 
a certification from the department.
(b) If a county has, by March 31, 2024, established a crisis 
hostel and operates the crisis hostel pursuant only to certification 
under ch. DHS 34, Wis. Adm. Code, where individuals whose an-
ticipated length-of-stay is longer than 23 hours due to needs out-
side of crisis stabilization, and crisis stabilization services are 
provided in a distinct and separate area from where an individual 
may spend the night, the county may continue to provide crisis 
stabilization services without obtaining additional residential li-
censure and is not required to receive a certification under this 
section. Needs outside of crisis stabilization may include hous-
ing insecurity or stability issues necessitating coordination of 
transportation, advocacy, and housing assistance.
(c) The department may not limit the number of certifications 
it issues to operate a crisis hostel.
(d) The department shall establish application fees and bien-
nial certification fees.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 8 51.043 MENTAL HEALTH ACT
(e) A crisis hostel operated under par. (a) or (b) is not subject 
to facility regulation under ch. 50.
(3) ADMISSIONS. (a) An individual 18 years of age or older 
may be admitted to a crisis hostel to receive crisis stabilization 
services.
(b) Crisis stabilization services may only be provided at a cri-
sis hostel on a voluntary basis to individuals who are 18 years of 
age or older. Crisis hostel staff may not admit an individual who 
is transported to the hostel involuntarily for emergency detention 
under s. 51.15.
(4) RULES. The department shall promulgate rules to imple-
ment this section.
History: 2023 a. 249.
51.044 Psychiatric residential treatment facilities. (1) 
DEFINITION. In this section, “psychiatric residential treatment fa-
cility” has the meaning given in 42 CFR 483.352.
(2) CERTIFICATION AND REQUIREMENTS. (a) The depart-
ment may establish a certification process for and certify psychi-
atric residential treatment facilities to provide inpatient psychi-
atric services for individuals under the age of 21, under the direc-
tion of a physician, with services provided by a psychiatric facil-
ity that meets the requirements of 42 CFR 441.151 (a) (2) (ii). No 
person may operate a psychiatric residential treatment facility 
without a certification from the department. The department 
may make announced and unannounced inspections and com-
plaint investigations of psychiatric residential treatment facilities 
as it deems necessary, at reasonable times and in a reasonable 
manner. The department may limit the number of certifications it 
grants to operate psychiatric residential treatment facilities. The 
department shall, using the department’s division of the state into 
regions by county, include statewide geographic consideration in 
its evaluation of applications for certification under this section 
to ensure geographic diversity among the regions in the location 
of psychiatric residential treatment facilities certified under this 
section.
(b) A psychiatric residential treatment facility that has a certi-
fication from the department under this section is not subject to 
facility regulation under ch. 48.
(c) In order to admit an individual for services at a psychiatric 
residential treatment facility, a treatment team shall, as required 
under 42 CFR 441.152, certify that all of the following are true:
1. Ambulatory care resources available in the community do 
not meet the treatment needs of the individual. For purposes of 
this subdivision, “ambulatory care resources” means any service 
except hospital inpatient care or inpatient care in an institution for 
mental diseases, as defined in s. 49.43 (6m).
2. Proper treatment of the individual’s psychiatric condition 
requires services on an inpatient basis under the direction of a 
physician.
3. The services at a psychiatric residential treatment facility 
can reasonably be expected to improve the individual’s condition 
or prevent further regression so that the services will no longer be 
needed.
(d) The treatment team certifying the need for services under 
par. (c) shall meet the requirements of 42 CFR 441.153.
(e) A psychiatric residential treatment facility shall comply 
with all federal requirements for active treatment and individual 
plans of care under 42 CFR 441.154 to 441.156, as well as emer-
gency preparedness requirements under 42 CFR 441.184.
(f) A psychiatric residential treatment facility shall comply 
with all of the following federal conditions of participation:
1. Protection of residents as set forth under 42 CFR 483.356.
2. Orders for the use of restraint or seclusion as set forth un-
der 42 CFR 483.358.
3. All other requirements set forth under 42 CFR 483.350 to 
483.376.
(g) Admission to a psychiatric residential treatment facility is 
subject to the procedures of this chapter.
(3) VIDEO MONITORING. (a) Notwithstanding s. 51.61 (1) 
(o), a psychiatric residential treatment facility may use video sur-
veillance and recordings in common areas, entrances, and exits 
without the consent of the patient being surveilled or recorded. 
The psychiatric residential treatment facility shall inform the pa-
tient and the patient's parent, guardian, legal custodian, or Indian 
custodian about the video surveillance and recording.
(b) Any video recording made under this subsection is confi-
dential and not open to public inspection, except as provided by 
the department. The department may review any recording made 
under this subsection.
(c) Video surveillance and recording may not be used as a 
substitute for one-on-one monitoring of a patient who is at high 
risk for self-harm.
(d) The department shall require that a psychiatric residential 
treatment facility adopt a policy for monitoring safety, which may 
include the use of video surveillance and recording in common 
areas, entrances, and exits.
(4) LOCKED UNITS FOR SAFETY. (a) A psychiatric residential 
treatment facility may implement the use of locked units for 
safety.
(b) The department may require that a psychiatric residential 
treatment facility adopt a policy for the use of locked units for 
safety.
(5) GRANTS. The department may distribute grants to entities 
to establish a psychiatric residential treatment facility. In dis-
tributing grants under this subsection, the department shall give 
preference toward having at least one psychiatric residential treat-
ment facility in the northern or north-central region of the state 
and at least one in the southern region of the state.
(6) INSURANCE. This section may not be construed to limit a 
psychiatric residential treatment facility from seeking reimburse-
ment for its services from a health benefit plan, as defined in s. 
632.745 (11), or self-insured health plan, as defined in s. 632.85 
(1) (c).
(7) ADDITIONAL REQUIREMENTS. The department may estab-
lish any of the following:
(a) Minimum security requirements for psychiatric residential 
treatment facilities certified under this section.
(b) A target range for the number of beds in a psychiatric res-
idential treatment facility certified under this section.
(c) Policies for coordination between psychiatric residential 
treatment facilities certified under this section and any facility es-
tablished or operated with funding received under s. 165.12 from 
settlement proceeds from the opiate litigation, as defined in s. 
165.12 (1) , as well as policies to encourage awareness of and 
communication and coordination with other facilities that pro-
vide services similar to those provided by psychiatric residential 
treatment facilities.
(d) Appropriate staffing level requirements, including policies 
to ensure the availability of adequate in-person and on-site care.
(e) Requirements to define the population to be served at a 
given psychiatric residential treatment facility, including estab-
lishment of any minimum age requirements.
(f) Standards for psychiatric residential treatment facility op-
erations as the department determines are necessary to provide 
safe and adequate care and treatment of patients and to protect the 
health and safety of patients and employees of a psychiatric resi-
dential treatment facility.
History: 2025 a. 9.
51.045 Availability of inpatient psychiatric and other 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.069 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
beds. (1m) From the appropriation under s. 20.435 (2) (cm), 
the department shall award a grant in the amount of $80,000 in 
fiscal year 2021-22 and $50,000 in each fiscal year thereafter to 
the entity under contract under s. 153.05 (2m) (a) to develop and 
operate an Internet site and system to show the availability of in-
patient psychiatric beds, peer run respite beds, and crisis stabi-
lization beds statewide. To receive the grant, the entity shall use 
a password protected Internet site to allow an inpatient psychi-
atric unit or hospital or a facility, center, or program that has inpa-
tient psychiatric, peer run respite, or crisis stabilization beds to 
enter all of the following information and to enable any hospital 
emergency department or person who approves emergency deten-
tions under s. 51.15 (2) (c) in the state to view all of the following 
information reported to the system:
(a) The number of available child, adolescent, adult, and geri-
atric beds, as applicable, that are inpatient psychiatric, peer run 
respite, or crisis stabilization beds and that are currently available 
at the hospital, unit, facility, center, or program at the time of 
reporting.
(b) Any special information that the hospital, unit, facility, 
center, or program reports regarding the available beds under par. 
(a).
(c) The date the hospital, unit, facility, center, or program re-
ports the information under pars. (a) and (b).
(d) The location of the hospital, unit, facility, center, or pro-
gram that is reporting.
(e) The contact information for admission coordination for 
the hospital, unit, facility, center, or program.
History: 2015 a. 153; 2021 a. 58.
51.047 Mental health services. From the appropriation 
under s. 20.435 (5) (fr), the department may not award more than 
$45,000 in each fiscal year to applying public or nonprofit private 
entities for the costs of providing certain mental health services 
to homeless individuals with serious and persistent mental ill-
ness. Entities that receive funds awarded by the department un-
der this section shall provide the mental health services required 
under 42 USC 290cc-24. The amount that the department awards 
to an applying entity may not exceed 50 percent of the amount of 
matching funds required under 42 USC 290cc-23.
History: 2005 a. 25 s. 908; 2005 a. 264; 2007 a. 45; 2011 a. 32 s. 3461m; Stats. 
2011 s. 16.311; 2017 a. 59 s. 132; Stats. 2017 s. 51.047.
51.05 Mental health institutes. (1) DESIGNATION. The 
mental health institute located at Mendota is known as the “Men-
dota Mental Health Institute” and the mental health institute lo-
cated at Winnebago is known as the “Winnebago Mental Health 
Institute”. Goodland Hall West, a facility located at Mendota 
Mental Health Institute, is designated as the “Maximum Security 
Facility at Mendota Mental Health Institute”. The department 
shall divide the state by counties into 2 districts, and may change 
the boundaries of these districts, arranging them with reference to 
the number of patients residing in them at a given time, the capac-
ity of the institutes and the convenience of access to them.
(2) ADMISSIONS AUTHORIZED BY COUNTIES. The department 
may not accept for admission to a mental health institute any res-
ident person, except in an emergency, unless the county depart-
ment under s. 51.42 in the county where the person has residence 
authorizes the care under s. 51.42 (3) (as). Patients who are com-
mitted to the department under s. 975.01, 1977 stats., or s. 
975.02, 1977 stats., or s. 971.14, 971.17, 975.06, or 980.06, ad-
mitted by the department under s. 975.17, 1977 stats., or are 
transferred from a juvenile correctional facility or a secured resi-
dential care center for children and youth to a state treatment fa-
cility under s. 51.35 (3) or from a jail or prison to a state treat-
ment facility under s. 51.37 (5) are not subject to this subsection.
(3) ADMISSIONS AUTHORIZED BY DEPARTMENT. Any person 
who is without a county responsible for his or her care and any 
person entering this state through the compact established under 
s. 51.75 may be accepted by the department and temporarily ad-
mitted to an institute. Such person shall be transferred to the 
county department under s. 51.42 for the community where the 
best interests of the person can best be served, as soon as 
practicable.
(4) TRANSFERS AND DISCHARGES. The transfer or discharge 
of any person who is placed in a mental health institute shall be 
made subject to s. 51.35.
(5) SCHOOL ACTIVITIES. If an individual over the age of 2 and 
under the age of 22 and eligible for special education and related 
services under subch. V of ch. 115 is committed, admitted or 
transferred to or is a resident of the Mendota Mental Health Insti-
tute or Winnebago Mental Health Institute, the individual shall 
attend a school program operated by the applicable mental health 
institute or a school outside the applicable mental health institute 
which is approved by the department of public instruction. A 
school program operated by the Mendota Mental Health Institute 
or Winnebago Mental Health Institute shall be under the supervi-
sion of the department of public instruction and shall meet stan-
dards prescribed by that agency.
(6) HEARING-IMPAIRED INDIVIDUALS. The department shall 
provide mental health services appropriate for hearing-impaired 
individuals who are residents of or are committed, admitted or 
transferred to a mental health institute.
History: 1975 c. 430; 1977 c. 428; 1979 c. 117; 1983 a. 293; 1985 a. 29 s. 3200 
(56); 1985 a. 176; 1987 a. 27; 1989 a. 31, 359; 1991 a. 315; 1993 a. 437 ss. 103 and 
266; 1993 a. 479; 1995 a. 27 ss. 9126 (19), 9145 (1); 1995 a. 77, 216; 1997 a. 27, 
164; 1999 a. 9, 83; 2005 a. 25, 344, 387; 2007 a. 97; 2023 a. 259.
51.06 Centers for the developmentally disabled. (1) 
PURPOSE. The purpose of the northern center for developmen-
tally disabled, central center for developmentally disabled and 
southern center for developmentally disabled is to provide ser-
vices needed by developmentally disabled citizens of this state 
that are otherwise unavailable to them, and to return those per-
sons to the community when their needs can be met at the local 
level.
(1m) SERVICES. Services to be provided by the department at 
centers for the developmentally disabled shall include:
(a) Education within the requirements of sub. (2), training, 
habilitative and rehabilitative services to those persons placed in 
its custody.
(b) Development-evaluation services to citizens through 
county departments under ss. 51.42 and 51.437.
(c) Assistance to such community boards in meeting the 
needs of developmentally disabled citizens.
(d) Services for individuals with developmental disability 
who are also diagnosed as mentally ill or who exhibit extremely 
aggressive and challenging behaviors.
(1r) ALTERNATIVE SERVICES. (a) In addition to services pro-
vided under sub. (1m), the department may, when the department 
determines that community services need to be supplemented, 
authorize a center for the developmentally disabled to offer short-
term residential services, dental and mental health services, ther-
apy services, psychiatric and psychological services, general 
medical services, pharmacy services, and orthotics.
(b) Services under this subsection may be provided only un-
der contract between the department and a county department 
under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a school district, 
or another public or private entity within the state to persons re-
ferred from those entities, at the discretion of the department. 
The department shall charge the referring entity all costs associ-
ated with providing the services. Unless a referral is made, the 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 10 51.06 MENTAL HEALTH ACT
department may not offer services under this subsection to the 
person who is to receive the services or to his or her family. The 
department may not impose a charge for services under this sub-
section upon the person receiving the services or upon his or her 
family. Any revenues received under this subsection shall be 
credited to the appropriation account under s. 20.435 (2) (g).
(c) 1. Services under this subsection are governed by sub-
chapter XVI of ch. 48 and ss. 50.03, 50.032, 50.033, 50.034 (1) to 
(3), 50.035, 50.04, 50.09, 51.04, 51.42 (7) (b), and 51.61, for the 
application of which the services shall be considered to be pro-
vided by a private entity, by rules promulgated under those 
statutes, and by the terms of the contract between the department, 
except that, in the event of a conflict between the contractual 
terms and the statutes or rules, the services shall comply with the 
contractual, statutory, or rules provision that is most protective of 
the service recipient’s health, safety, welfare, or rights.
2. Sections 46.03 (18), 46.10, 51.15 (2), 51.20 (13) (c) 1. , 
and 51.42 (3) (as) and zoning or other ordinances or regulations 
of the county, city, town, or village in which the services are pro-
vided or the facility is located do not apply to the services under 
this subsection.
3. The department may not be required, by court order or 
otherwise, to offer services under this subsection.
(d) A residential facility operated by a center for the develop-
mentally disabled that is authorized by the department under this 
subsection may not be considered to be a hospital, as defined in s. 
50.33 (2), an inpatient facility, a state treatment facility, or a treat-
ment facility.
(2) SCHOOL ACTIVITIES. If an individual over the age of 2 
years and under the age of 22 years and eligible for special educa-
tion and related services under subch. V of ch. 115 is admitted to, 
is placed in or is a resident of a center, the individual shall attend 
a school program operated by the center or a school outside the 
center which is approved by the department of public instruction. 
A school program operated by the center shall be under the super-
vision of the department of public instruction and shall meet 
standards prescribed by that agency.
(3) ADMISSION. (a) Subject to par. (b), individuals under the 
age of 22 years shall be placed only at the central center for the 
developmentally disabled unless the department authorizes the 
placement of the individual at the northern or southern center for 
the developmentally disabled.
(b) An individual may be placed at or transferred to a center 
for the developmentally disabled for services under sub. (1m) (d) 
only after all of the following conditions are met:
1. The department determines that a licensed bed and other 
necessary resources are available to provide services to the 
individual.
2. The department and the county of residence of the indi-
vidual agree on a maximum discharge date for the individual.
(4) TRANSFER OR DISCHARGE. The transfer or discharge of 
any person who is placed in a center for the developmentally dis-
abled shall be made subject to s. 51.35.
(5) SURCHARGE FOR EXTENDED INTENSIVE TREATMENT. The 
department may impose on a county a progressive surcharge for 
services under sub. (1m) (d) that an individual receives after the 
maximum discharge date for the individual that was agreed upon 
under sub. (3) (b) 2. The surcharge is 10 percent of the amount 
paid for the individual’s services under s. 49.45 during any part of 
the first 6-month period following the maximum discharge date, 
and increases by 10 percent of the amount paid for the individ-
ual’s services under s. 49.45 during any part of each 6-month pe-
riod thereafter. Any revenues received under this subsection shall 
be credited to the appropriation account under s. 20.435 (2) (gL).
(6) SALE OF ASSETS OR REAL PROPERTY AT NORTHERN CEN-
TER FOR THE D EVELOPMENTALLY D ISABLED. The department 
may maintain the Northern Center for the Developmentally Dis-
abled for the purpose specified in sub. (1), but may sell assets or 
real property, of the Northern Center for the Developmentally 
Disabled, subject to any prior action under s. 13.48 (14) (am) or 
16.848 (1). If there is any outstanding public debt used to finance 
the acquisition, construction, or improvement of any property 
that is sold under this subsection, the department shall deposit a 
sufficient amount of the net proceeds from the sale of the prop-
erty in the bond security and redemption fund under s. 18.09 to 
repay the principal and pay the interest on the debt, and any pre-
mium due upon refunding any of the debt. If the property was 
purchased with federal financial assistance, the department shall 
pay to the federal government any of the net proceeds required by 
federal law. If there is no such debt outstanding and there are no 
moneys payable to the federal government, or if the net proceeds 
exceed the amount required to be deposited or paid under this 
subsection, the department shall credit the net proceeds or re-
maining net proceeds to the appropriation account under s. 
20.435 (2) (gk).
(8) RELOCATIONS; REPORT. (a) In this subsection:
1. “Intermediate care facility for persons with an intellectual 
disability” has the meaning given for “intermediate care facility 
for the mentally retarded” under 42 USC 1396d (d).
2. “Medical Assistance” has the meaning given in s. 49.43 
(8).
3. “Nursing home” has the meaning given in s. 50.01 (3).
(b) Annually by October 1, the department shall submit to the 
joint committee on finance and to the appropriate standing com-
mittees of the legislature under s. 13.172 (3) a report that includes 
information collected from the previous fiscal year on the reloca-
tion or diversion of individuals who are Medical Assistance eligi-
bles or recipients from nursing homes, intermediate care facilities 
for persons with an intellectual disability, and centers for the de-
velopmentally disabled. The report shall include all of the fol-
lowing information:
1. The impact of the relocations and diversions on the health 
and safety of the individuals relocated or diverted.
2. The extent of involvement of guardians or family members 
of the individuals in efforts to relocate or divert the individuals.
3. The nature and duration of relocations or diversions that 
specifies the locations of relocated or diverted individuals every 
year after home or community placement occurs, so as to keep 
track of the individuals on an ongoing basis.
4. An accounting of the costs and savings under the Medical 
Assistance program of relocations and diversions and the result-
ing reduction in capacity for services of nursing homes, interme-
diate care facilities for persons with an intellectual disability, and 
centers for the developmentally disabled. The accounting shall 
include the per individual savings as well as the collective savings 
of relocations and diversions.
5. The costs under the Medical Assistance program of ad-
ministration, housing, and other services, including nursing, per-
sonal care, and physical therapy services, that are associated with 
the relocations and diversions.
6. The extent of Medical Assistance provided to relocated or 
diverted individuals that is in addition to Medical Assistance pro-
vided to the individuals under s. 46.275, 46.277, or 46.278, as a 
family care benefit under ss. 46.2805 to 46.2895, or under any 
other home-based or community-based program for which the 
department has received a waiver under 42 USC 1396n (c).
7. Staff turnover rates for nursing homes, intermediate care 
facilities for persons with an intellectual disability, and centers 
for the developmentally disabled in communities in which an in-
dividual relocated or diverted from a nursing home, intermediate 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.1011 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
care facility for persons with an intellectual disability, or center 
for the developmentally disabled currently resides.
(10) RELOCATIONS FROM SOUTHERN CENTER. (a) The de-
partment shall create a form on which a resident of the southern 
center for the developmentally disabled, or the resident’s 
guardian, may indicate a preference for where the resident would 
like to live. The department shall make the form available to all 
residents of the southern center for the developmentally disabled 
and to their guardians. The department shall maintain the com-
pleted form with the resident’s treatment records.
(b) The department shall ensure that, if a resident is to be relo-
cated from the southern center for the developmentally disabled, 
members of the center staff who provide direct care for the resi-
dent are consulted in developing a residential placement plan for 
the resident.
(c) If a resident of the southern center for the developmentally 
disabled is relocated from the center after July 1, 2009, the de-
partment shall provide the resident’s guardian or, if the resident is 
a minor and does not have a guardian, the resident’s parent infor-
mation regarding the process for appealing the decision to relo-
cate the resident and the process for filing a grievance regarding 
the decision.
History: 1975 c. 430; 1981 c. 20; 1985 a. 29 ss. 1061 to 1064, 3200 (56); 1985 a. 
176; 1991 a. 39; 1993 a. 16; 1995 a. 27 s. 9145 (1); 1997 a. 27, 164; 1999 a. 9; 2001 
a. 16; 2003 a. 33; 2005 a. 386; 2007 a. 153; 2009 a. 28; 2011 a. 126, 260; 2013 a. 20; 
2019 a. 9.
51.07 Outpatient services. (1) The department may es-
tablish a system of outpatient clinic services in any institution op-
erated by the department.
(2) It is the purpose of this section to:
(a) Provide outpatient diagnostic and treatment services for 
patients and their families.
(b) Offer precommitment and preadmission evaluations and 
studies.
(3) The department may provide outpatient services only to 
patients contracted for with county departments under ss. 51.42 
and 51.437 in accordance with s. 46.03 (18), except for those pa-
tients whom the department finds to be nonresidents of this state 
and persons receiving services under contracts under s. 46.043. 
The full and actual cost less applicable collections of services 
contracted for with county departments under s. 51.42 or 51.437 
shall be charged to the respective county department under s. 
51.42 or 51.437. The state shall provide the services required for 
patient care only if no outpatient services are funded by the de-
partment in the county or group of counties served by the respec-
tive county department under s. 51.42 or 51.437.
History: 1973 c. 90, 333; 1975 c. 430 s. 19; 1985 a. 176; 1997 a. 27; 1999 a. 9.
51.08 Milwaukee County Mental Health Complex. Any 
county having a population of 750,000 or more may, pursuant to 
s. 46.17, establish and maintain a county mental health complex. 
The county mental health complex shall be a hospital devoted to 
the detention and care of drug addicts, alcoholics, chronic pa-
tients, and mentally ill persons whose mental illness is acute. 
Such hospital shall be governed pursuant to s. 46.21. Treatment 
of alcoholics and persons who are drug dependent at the county 
mental health complex is subject to approval by the department 
under s. 51.45 (8) . The county mental health complex estab-
lished pursuant to this section is subject to rules promulgated by 
the department concerning hospital standards. The county board 
may not sell the county mental health complex under this section 
without approval of the Milwaukee County mental health board.
History: 1971 c. 108 ss. 5, 6; 1971 c. 125 ss. 350 to 352, 523; 1971 c. 211; 1973 
c. 90, 198; 1975 c. 41; 1975 c. 430 s. 15; Stats. 1975 s. 51.08; 1985 a. 332 s. 251 (1); 
1987 a. 307; 2013 a. 203; 2017 a. 34; 2017 a. 207 s. 5.
51.09 County hospitals. Any county having a population 
of less than 750,000 may establish a hospital or facilities for the 
detention and care of mentally ill persons, alcoholics, and drug 
addicts; and in connection therewith a hospital or facility for the 
care of cases afflicted with pulmonary tuberculosis. County hos-
pitals established pursuant to this section are subject to rules pro-
mulgated by the department concerning hospital standards, in-
cluding standards for treatment facilities under s. 51.45 (8) for al-
coholics and persons who are drug dependent.
History: 1971 c. 211; 1973 c. 198; 1975 c. 430 s. 16; Stats. 1975 s. 51.09; 1985 
a. 332 s. 251 (1); 2017 a. 34; 2017 a. 207 s. 5.
51.10 Voluntary admission of adults. (1) With the ap-
proval of the treatment director of the treatment facility or the di-
rector’s designee, or in the case of a center for the developmen-
tally disabled, the director of the center or the director’s designee, 
and the approval of the director of the appropriate county depart-
ment under s. 51.42 or 51.437, an adult desiring admission to an 
approved inpatient treatment facility may be admitted upon appli-
cation. This subsection applies only to admissions made through 
a county department under s. 51.42 or 51.437 or through the 
department.
(2) With the approval of the director of the treatment facility 
or the director’s designee and the director of the appropriate 
county department under s. 51.42 or 51.437, an adult may be vol-
untarily admitted to a state inpatient treatment facility.
(3) Voluntary admission of adult alcoholics and adults who 
are drug dependent shall be in accordance with s. 51.45 (10).
(4) The criteria for voluntary admission to an inpatient treat-
ment facility shall be based on an evaluation that the applicant is 
mentally ill or developmentally disabled, or is an alcoholic or 
drug dependent and that the person has the potential to benefit 
from inpatient care, treatment or therapy. An applicant is not re-
quired to meet a standard of dangerousness under s. 51.20 (1) (a) 
2. to be eligible for the benefits of voluntary treatment programs. 
An applicant may be admitted for the purpose of making a diag-
nostic evaluation.
(4m) (a) An adult who has an identified funding source that 
is not obtained through the county department and who meets the 
criteria for voluntary admission under sub. (4) or an adult whose 
admission is approved under sub. (1) or (2) and who meets the 
criteria for voluntary admission under sub. (4) may be admitted 
to an inpatient treatment facility if all of the following require-
ments are met:
1. A physician of the facility submits a signed request and 
certifies in writing, before not less than 2 witnesses, that the 
physician has advised the patient in the presence of the witnesses 
both orally and in writing of the person’s rights under sub. (5) and 
of the benefits and risks of treatment, the patient’s right to the 
least restrictive form of treatment appropriate to the patient’s 
needs and the responsibility of the facility to provide the patient 
with this treatment; or
2. The person applies for admission in writing.
(b) Any person admitted under par. (a) 1. who fails to indicate 
a desire to leave the facility but who refuses or is unable to sign an 
application for admission is presumed to consent to admission 
and may be held for up to 7 days as a voluntary patient.
(c) On the first court day following admission under par. (a) 
1., the facility shall notify the court assigned to exercise probate 
jurisdiction for the county in which the facility is located of the 
admission. Within 24 hours after receiving this notice, excluding 
Saturdays, Sundays and holidays, the court shall appoint a 
guardian ad litem to visit the facility and to determine if there has 
been compliance with this subsection. The guardian ad litem 
shall visit the patient within 48 hours, excluding Saturdays, Sun-
days and holidays, to ascertain whether the patient wishes a less 
restrictive form of treatment and, if so, shall assist the patient in 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 12 51.10 MENTAL HEALTH ACT
obtaining the proper assistance from the facility. The guardian ad 
litem shall inform the patient of all rights to which the patient is 
entitled under this chapter.
(d) If a patient admitted under par. (a) 1. has not signed a vol-
untary admission application within 7 days after admission, the 
patient, the guardian ad litem and the physician who signed the 
admission request shall appear before the judge or a circuit court 
commissioner assigned to exercise probate jurisdiction for the 
county in which the facility is located to determine whether the 
patient shall remain in the facility as a voluntary patient. If the 
judge or circuit court commissioner determines that the patient 
desires to leave the facility, the facility shall discharge the patient. 
If the facility has reason to believe the patient is eligible for com-
mitment under s. 51.20, the facility may initiate procedures for 
involuntary commitment.
(5) (a) At the time of admission to an inpatient facility the in-
dividual being admitted shall be informed orally and in writing of 
his or her right to leave upon submission of a written request to 
the staff of the facility except when the director or such person’s 
designee files a statement of emergency detention under s. 51.15 
with the court by the end of the next day in which the court trans-
acts business.
(b) Writing materials for use in requesting discharge shall be 
available at all times to any voluntarily admitted individual, and 
shall be given to the individual upon request. A copy of the pa-
tient’s and resident’s rights shall be given to the individual at the 
time of admission.
(c) Any patient or resident voluntarily admitted to an inpatient 
treatment facility shall be discharged on request, unless the treat-
ment director or the treatment director’s designee has reason to 
believe that the patient or resident is dangerous in accordance 
with a standard under s. 51.20 (1) (a) 2. or (am) and files a state-
ment of emergency detention under s. 51.15 with the court by the 
end of the next day in which the court transacts business. The pa-
tient or resident shall be notified immediately when such a state-
ment is to be filed. Prior to the filing of a statement, the patient or 
resident may be detained only long enough for the staff of the fa-
cility to evaluate the individual’s condition and to file the state-
ment of emergency detention. This time period may not exceed 
the end of the next day in which the court transacts business. 
Once a statement is filed, a patient or resident may be detained as 
provided in s. 51.15 (1). The probable cause hearing required un-
der s. 51.20 (7) shall be held within 72 hours after the request for 
discharge, excluding Saturdays, Sundays and legal holidays.
(6) A person against whom a petition for involuntary commit-
ment has been filed under s. 51.15 or 51.20 may agree to be ad-
mitted to an inpatient treatment facility under this section. The 
court may permit the person to become a voluntary patient or res-
ident pursuant to this section upon signing an application for vol-
untary admission, if the director of the appropriate county depart-
ment under s. 51.42 or 51.437 and the director of the facility to 
which the person will be admitted approve of the voluntary ad-
mission within 30 days of the admission. Except as provided in s. 
51.20 (8) (bg) or (bm), the court shall dismiss the proceedings un-
der s. 51.20 30 days after the person’s admission if the person is 
still a voluntary patient or resident or upon the discharge of the 
person by the treatment director of the facility or his or her de-
signee, if that occurs first. For any person who is a voluntary pa-
tient or resident under this subsection, actions required under s. 
51.35 (5) shall be initiated within 14 days of admission.
(7) The treatment director of a facility may temporarily admit 
an individual to an inpatient facility when there is reason to ques-
tion the competency of such individual. The treatment director 
shall then apply to the court for appointment of a guardian within 
48 hours of the time of admission, exclusive of Saturdays, Sun-
days and legal holidays. The individual may remain at the facility 
pending appointment of a guardian.
(8) An adult for whom, because of incompetency, a guardian 
of the person has been appointed in this state may be voluntarily 
admitted to an inpatient treatment facility if the guardian con-
sents after the requirements of sub. (4m) (a) 1. are satisfied or if 
the guardian and the ward consent to the admission under this 
section.
(9) Upon admission to an inpatient facility, the facility shall 
offer the patient orally and in writing the opportunity to execute 
an informed consent form under s. 51.30 (2), requiring the facil-
ity to notify the patient’s parent, child or spouse or any other adult 
of the patient’s release. If the patient signs the consent form, the 
facility shall notify the person specified in the form as soon as 
possible after the patient requests release.
History: 1975 c. 430; 1977 c. 354, 428, 447; 1979 c. 336; 1985 a. 29 s. 3200 
(56); 1985 a. 139, 176, 332; 1987 a. 366; 1995 a. 292; 2001 a. 61; 2005 a. 264, 387; 
2007 a. 45; 2017 a. 34.
Sub. (5) (c) plainly and unambiguously sets out the procedure for detaining volun-
tarily admitted patients who seek release and who the treatment director deems dan-
gerous. Dane County v. Stevenson L.J., 2009 WI App 84 , 320 Wis. 2d 194 , 768 
N.W.2d 223, 08-1281.
51.13 Admission of minors. (1) ADMISSION FOR TREAT-
MENT. (a) Minors under 14 years of age. Except as provided in 
par. (c) and ss. 51.45 (2m) and 51.47, the application for admis-
sion of a minor who is under 14 years of age to an approved inpa-
tient treatment facility for the primary purpose of treatment for 
mental illness, developmental disability, alcoholism, or drug 
abuse shall be executed by a parent who has legal custody of the 
minor or the minor’s guardian. Any statement or conduct by a 
minor who is the subject of an application for admission under 
this paragraph indicating that the minor does not agree to admis-
sion to the facility shall be noted on the face of the application.
(b) Minors 14 years of age or older; mental illness or develop-
mental disability. The application for admission of a minor who 
is 14 years of age or older to an approved inpatient treatment fa-
cility for the primary purpose of treatment for mental illness or 
developmental disability shall be executed by the minor and a 
parent who has legal custody of the minor or the minor’s 
guardian, except as provided in par. (c). If the minor refuses to 
execute the application, a parent who has legal custody of the mi-
nor or the minor’s guardian may execute the application on the 
minor’s behalf, and the petition shall be filed as required under 
sub. (4).
(bm) Minors 14 years of age or older; alcoholism or drug 
abuse treatment. Except as provided in par. (c) and ss. 51.45 
(2m) and 51.47, the application for admission of a minor who is 
14 years of age or older to an approved inpatient facility for the 
primary purpose of treatment for alcoholism or drug abuse shall 
be executed by a parent who has legal custody of the minor or the 
minor’s guardian. Any statement or conduct by a minor who is 
the subject of an application for admission under this paragraph 
indicating that the minor does not agree to admission to the facil-
ity shall be noted on the face of the application and shall be noted 
in the petition required under sub. (4).
(c) Lack of parent or guardian consent to treatment. If a mi-
nor wishes to be admitted to an approved inpatient treatment fa-
cility but a parent with legal custody or the guardian cannot be 
found, there is no parent with legal custody or guardian, or the 
parent with legal custody or guardian of a minor 14 years of age 
or older refuses to execute the application, the minor or a person 
acting on the minor’s behalf may petition the court under sub. (4). 
The court may, at the minor’s request, temporarily approve the 
admission pending hearing on the petition, if such a hearing is re-
quired under sub. (4).
(d) Other petition filed. A minor against whom a petition or 
statement has been filed under s. 51.15, 51.20, or 51.45 (12) or 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.1313 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(13) may be admitted under this section. The court may permit 
the minor to become a patient under this section upon approval by 
the court of an application executed under par. (a), (b), or (c). 
The court shall then dismiss the proceedings under s. 51.15, 
51.20, or 51.45 (12) or (13). If a hearing is held under this sub-
section, no hearing under sub. (4) is required.
(e) Admission on approval of application. A minor may be 
admitted immediately upon the approval of the application exe-
cuted under par. (a) or (b) by the treatment director of the facility 
or his or her designee or, in the case of a center for the develop-
mentally disabled, the director of the center or his or her de-
signee, and, if the county department is to be responsible for the 
cost of the minor’s therapy and treatment, the director of the ap-
propriate county department under s. 51.42 or 51.437. Admis-
sion under par. (c) or (d) shall also be approved, within 14 days of 
the minor’s admission, by the treatment director of the facility or 
his or her designee, or in the case of a center for the developmen-
tally disabled, the director of the center or his or her designee 
and, if the county department is to be responsible for the cost of 
the minor’s therapy and treatment, the director of the appropriate 
county department under s. 51.42 or 51.437.
(em) Standards for approval of admission. Approval under 
par. (e) shall be based upon an informed professional opinion that 
the minor is in need of psychiatric services or services for devel-
opmental disability, alcoholism, or drug abuse, that the treatment 
facility offers inpatient therapy or treatment that is appropriate 
for the minor’s needs, and that inpatient care in the facility is the 
least restrictive therapy or treatment consistent with the minor’s 
needs. In the case of a minor who is being admitted for the pri-
mary purpose of treatment for alcoholism or drug abuse, approval 
shall also be based on the results of an alcohol or other drug 
abuse assessment that conforms to the criteria specified in s. 
938.547 (4).
(3) NOTICE OF RIGHTS. (am) Rights. Prior to admission if 
possible, or as soon thereafter as possible, the minor who is ad-
mitted under sub. (1) (a) or (b) and the minor’s parent or guardian 
shall be informed by the director of the facility or his or her de-
signee, both orally and in writing, in easily understandable lan-
guage, of the review procedure in sub. (4), including the stan-
dards to be applied by the court and the possible dispositions; the 
minor’s right to an independent evaluation, if ordered by the 
court; the minor’s right to be informed about how to contact the 
state protection and advocacy agency designated under s. 51.62 
(2) (a); the right under sub. (4) (d) to a hearing upon request under 
sub. (4); the minor’s right to appointed counsel as provided in 
sub. (4) (d) if a hearing is held; for a minor other than a minor 
specified under par. (b), the right of the minor or parent or 
guardian to request the minor’s discharge as provided in or lim-
ited by sub. (7) (b); and the minor’s right to a hearing to deter-
mine continued appropriateness of the admission as provided in 
sub. (7) (c).
(b) Right to request discharge. Prior to or at admission, a mi-
nor who is voluntarily admitted under sub. (1) (c), and the mi-
nor’s parent or guardian, if available, shall be informed by the di-
rector or his or her designee, both orally and in writing, in easily 
understandable language, of the minor’s right to request dis-
charge and to be discharged within 48 hours of the request, as 
provided under sub. (7) (b), if no statement is filed for emergency 
detention or if no petition is filed for emergency commitment, in-
voluntary commitment, or protective placement, and the minor’s 
right to consent to or refuse treatment as provided in s. 51.61 (6).
(d) Explanation of rights. A copy of the patient’s rights estab-
lished in s. 51.61 shall be given and explained to the minor and 
the minor’s parent or guardian at the time of admission by the di-
rector of the facility or such person’s designee.
(e) Availability of writing materials. Writing materials for 
use in requesting a hearing or discharge under this section shall 
be made available to minors at all times by every inpatient treat-
ment facility. The staff of each such facility shall assist minors in 
preparing and submitting requests for discharge or hearing.
(4) PETITION REQUIREMENT; REVIEW PROCEDURE. (a) When 
petition filed. Within 3 days after the admission of a minor under 
sub. (1) (b), or within 3 days after an application is executed for 
admission of the minor, whichever occurs first, the treatment di-
rector of the facility or the center for the developmentally dis-
abled to which the minor is admitted, or his or her designee, shall 
file a verified petition for review of the admission in the court as-
signed to exercise jurisdiction under chs. 48 and 938 in the 
county in which the facility is located, if the minor is 14 years of 
age or older and refuses to join in the application; the minor 
wants treatment and the minor’s parent with legal custody or 
guardian refuses to join in the application; there is no parent with 
legal custody or guardian; or the parent with legal custody or 
guardian cannot be found. If the parent or guardian is not the pe-
titioner, a copy of the petition and a notice of hearing shall be 
served on the parent or guardian at his or her last known address. 
A copy of the application for admission and of any relevant pro-
fessional evaluations shall be attached to the petition. The peti-
tion shall contain all of the following:
1. The name, address and date of birth of the minor.
2. The names and addresses of the minor’s parents or 
guardian.
3. The facts substantiating the petitioner’s belief in the mi-
nor’s need for psychiatric services, or services for developmental 
disability, alcoholism or drug abuse.
4. The facts substantiating the appropriateness of inpatient 
treatment in the inpatient treatment facility.
5. The basis for the petitioner’s opinion that inpatient care in 
the facility is the least restrictive treatment consistent with the 
needs of the minor.
6. Notation of any refusal of the minor 14 years of age or 
older to join in the application.
(b) Removal of petition. If hardship would otherwise occur 
and if the best interests of the minor would be served thereby, the 
court may, on its own motion or on the motion of any interested 
party, remove the petition to the court assigned to exercise juris-
diction under chs. 48 and 938 of the county of residence of the 
parent or guardian.
(c) Copy of petition. A copy of the petition shall be provided 
by the petitioner to the minor and, if available, his or her parents 
or guardian within 5 days after admission.
(d) Criteria for approving admission. Within 5 days after the 
filing of the petition, the court assigned to exercise jurisdiction 
under chs. 48 and 938 shall determine, based on the allegations of 
the petition and accompanying documents, whether there is a 
prima facie showing that the minor is in need of psychiatric ser-
vices, or services for developmental disability, alcoholism, or 
drug abuse, whether the treatment facility offers inpatient therapy 
or treatment that is appropriate to the minor’s needs; whether in-
patient care in the treatment facility is the least restrictive therapy 
or treatment consistent with the needs of the minor; and, if the 
minor 14 years of age or older has been admitted to the treatment 
facility for the primary purpose of treatment for mental illness or 
developmental disability, whether the admission was made under 
an application executed by the minor and the minor’s parent or 
guardian. If such a showing is made, the court shall permit ad-
mission. If the court is unable to make those determinations 
based on the petition and accompanying documents, the court 
may dismiss the petition as provided in par. (h); order additional 
information, including an independent evaluation, to be produced 
as necessary for the court to make those determinations within 7 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 14 51.13 MENTAL HEALTH ACT
days, exclusive of weekends and legal holidays, after admission or 
application for admission, whichever is sooner; or hold a hearing 
within 7 days, exclusive of weekends and legal holidays, after ad-
mission or application for admission, whichever is sooner. If the 
admission was made under an application executed by the mi-
nor’s parent or guardian despite the minor’s refusal, or if a hear-
ing has been requested by the minor or by the minor’s counsel, 
parent, or guardian, the court shall order an independent evalua-
tion of the minor and hold a hearing to review the admission, 
within 7 days, exclusive of weekends and legal holidays, after ad-
mission or application for admission, whichever is sooner, and 
shall appoint counsel to represent the minor if the minor is unrep-
resented. If the court considers it necessary, the court shall also 
appoint a guardian ad litem to represent the minor. The minor 
shall be informed about how to contact the state protection and 
advocacy agency designated under s. 51.62 (2) (a).
(e) Notice of hearing. Notice of the hearing under this subsec-
tion shall be provided by the court by certified mail to the minor, 
the minor’s parents or guardian, the minor’s counsel and guardian 
ad litem if any, the petitioner and any other interested party at 
least 96 hours prior to the time of hearing.
(f) Rules, records, and findings. The rules of evidence in civil 
actions shall apply to any hearing under this section. A record 
shall be maintained of the entire proceedings. The record shall 
include findings of fact and conclusions of law. Findings shall be 
based on a clear and convincing standard of proof.
(g) Approval of admission. If the court finds, under a hearing 
under par. (d), that the minor is in need of psychiatric services or 
services for developmental disability, alcoholism, or drug abuse 
in an inpatient facility, that the inpatient facility to which the mi-
nor is admitted offers therapy or treatment that is appropriate for 
the minor’s needs and that is the least restrictive therapy or treat-
ment consistent with the minor’s needs, the court shall permit ad-
mission. If the court finds that the therapy or treatment in the in-
patient facility to which the minor is admitted is not appropriate 
or is not the least restrictive therapy or treatment consistent with 
the minor’s needs, the court may order placement in or transfer to 
another more appropriate or less restrictive inpatient facility, if 
the placement or transfer is first approved by all of the following:
1. For the primary purpose of treatment for mental illness or 
developmental disability, any of the following, as applicable:
a. For a minor who is under 14 years of age, a parent who has 
legal custody of the minor or the minor’s guardian.
b. For a minor who is 14 years of age or older, the minor and 
a parent who has legal custody of the minor or the minor’s 
guardian, except that, if the minor refuses approval, a parent who 
has legal custody of the minor or the minor’s guardian may pro-
vide approval on the minor’s behalf.
c. For a minor admitted under sub. (1) (c), the minor.
2. The treatment director of the facility or his or her 
designee.
3. The director of the appropriate county department under s. 
51.42 or 51.437 if the county department is to be responsible for 
the cost of the minor’s therapy or treatment.
4. The department, if the placement or transfer is to a center 
for the developmentally disabled.
(h) Actions if petition not approved. If the court does not per-
mit admission under par. (g), it shall do one of the following:
1. Dismiss the petition and order the application for admis-
sion denied and the minor released.
2. Order the petition to be treated as a petition for involun-
tary commitment and refer it to the court where the review under 
this section was held, or if it was not held in the county of legal 
residence of the subject individual’s parent or guardian and hard-
ship would otherwise occur and if the best interests of the subject 
individual would be served thereby, to the court assigned to exer-
cise jurisdiction under chs. 48 and 938 in such county for a hear-
ing under s. 51.20 or 51.45 (13).
3. If the minor is 14 years of age or older and appears to be 
developmentally disabled, proceed in the manner provided in s. 
51.67 to determine whether the minor should receive protective 
placement or protective services, except that a minor shall not 
have a temporary guardian appointed if he or she has a parent or 
guardian.
4. If there is a reason to believe the minor is in need of pro-
tection or services under s. 48.13 or 938.13 or the minor is an ex-
pectant mother of an unborn child in need of protection or ser-
vices under s. 48.133, dismiss the petition and authorize the fil-
ing of a petition under s. 48.25 (3) or 938.25 (3). The court may 
release the minor or may order that the minor be taken and held in 
custody under s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).
(i) Findings of review. Approval of an admission under this 
subsection does not constitute a finding of mental illness, devel-
opmental disability, alcoholism or drug dependency.
(5) APPEAL. Any person who is aggrieved by a determination 
or order under this section and who is directly affected thereby 
may appeal to the court of appeals under s. 809.30.
(6) SHORT-TERM ADMISSIONS. (a) Admission procedure. 1. 
Subject to subd. 2. or 3., as applicable, a minor may be admitted 
to an inpatient treatment facility without review under sub. (4) of 
the application, for diagnosis and evaluation or for dental, medi-
cal, or psychiatric services, for a period not to exceed 12 days. 
The application for short-term admission of a minor shall be exe-
cuted by the minor’s parent with legal custody of the minor or the 
minor’s guardian, unless sub. (1) (c) applies.
2. If the minor is 14 years of age or older and is being admit-
ted for the primary purpose of diagnosis, evaluation, or services 
for mental illness or developmental disability, the application 
shall be executed by the minor’s parent or guardian and the mi-
nor, except that, if the minor refuses to execute the application, 
the parent or the guardian may execute the application. Admis-
sion under this subdivision of a minor who refuses to execute the 
application is reviewable under sub. (4) (d). If a review is re-
quested or required, the treatment director of the facility to which 
the minor is admitted or his or her designee or, in the case of a 
center for the developmentally disabled, the director of the center 
or his or her designee shall file a verified petition for review of 
the admission on behalf of the minor.
3. If a minor 14 years of age or older who refused to execute 
the application under subd. 2. is admitted after court review un-
der sub. (4) (d), the minor may not be readmitted to an inpatient 
treatment facility for psychiatric services under this paragraph 
within 120 days of a previous admission under this paragraph.
(b) Review and acceptance of application. The application 
shall be reviewed by the treatment director of the facility or, in the 
case of a center for the developmentally disabled, by the director, 
and shall be accepted only if the director determines that the ad-
mission constitutes the least restrictive means of obtaining ade-
quate diagnosis and evaluation of the minor or adequate provision 
of medical, dental or psychiatric services.
(c) Release. At the end of the 12-day period, the minor shall 
be released unless an application has been filed for admission un-
der sub. (1); a statement has been filed for emergency detention; 
or a petition has been filed for emergency commitment, involun-
tary commitment, or protective placement.
(7) DISCHARGE OR CONTINUED APPROPRIATENESS OF ADMIS-
SION. (a) Minor attains age 14 during admission. If a minor is 
admitted to an inpatient treatment facility while under 14 years of 
age, and if upon reaching age 14 is in need of further inpatient 
care and treatment primarily for mental illness or developmental 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.1415 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
disability, the director of the facility shall request the minor and 
the minor’s parent or guardian to execute an application for ad-
mission. If the minor refuses, the minor’s parent or guardian may 
execute the application on the minor’s behalf. Such an applica-
tion may be executed within 30 days prior to a minor’s 14th birth-
day. If the application is executed, a petition for review shall be 
filed in the manner prescribed in sub. (4), unless such a review 
has been held within the last 120 days. If the application is not 
executed by the time of the minor’s 14th birthday, the minor shall 
be discharged unless a petition or statement is filed for emer-
gency detention, emergency commitment, involuntary commit-
ment, or protective placement by the end of the next day in which 
the court transacts business.
(b) Discharge procedure. 1. Any minor who is voluntarily 
admitted under sub. (1) (c), may request discharge in writing.
2. For a minor 14 years of age or older who is admitted under 
sub. (1) (bm) for the primary purpose of treatment for alcoholism 
or drug abuse or a minor under 14 years of age who is admitted 
under sub. (1) (a) for the primary purpose of treatment for mental 
illness, developmental disability, alcoholism, or drug abuse, the 
parent or guardian of the minor may request discharge in writing.
3. For a minor 14 years of age or older who is admitted under 
sub. (1) (b) for the primary purpose of treatment for mental ill-
ness or developmental disability, the minor and the minor’s par-
ent or guardian may request discharge in writing. If the parent or 
guardian of the minor refuses to request discharge and if the di-
rector of the facility to which the minor is admitted or his or her 
designee avers, in writing, that the minor is in need of psychiatric 
services or services for developmental disability, that the facil-
ity’s therapy or treatment is appropriate to the minor’s needs, and 
that inpatient care in the treatment facility is the least restrictive 
therapy or treatment consistent with the needs of the minor, the 
minor may not be discharged under this paragraph.
4. Upon receipt of any form of written request for discharge 
from a minor specified under subd. 1. or 3., the director of the fa-
cility in which the minor is admitted shall immediately notify the 
minor’s parent or guardian, if available.
5. A minor specified in subd. 1., a minor specified in subd. 2. 
whose parent or guardian requests discharge in writing, and a mi-
nor specified in subd. 3. who requests and 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.
(c) Request for hearing when not discharged. Any minor who 
is admitted under this section, other than a minor to which par. 
(b) 1. applies, who is not discharged under par. (b) may submit a 
written request to the court for a hearing to determine the contin-
ued 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 demon-
strates an unwillingness to remain at the facility, including a writ-
ten expression of opinion or unauthorized absence, the director 
shall file a written request with the court to determine the contin-
ued appropriateness of the admission. A request that is made per-
sonally by a minor under this paragraph shall be signed by the mi-
nor 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 hear-
ing as provided in sub. (4) (d) upon request if no hearing concern-
ing 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).
History: 1977 c. 428; 1979 c. 32 s. 91; 1979 c. 300, 331; 1981 c. 74; 1985 a. 29, 
176; 1987 a. 366; 1995 a. 77, 225; 1997 a. 27, 35, 292; 2001 a. 16, 104; 2003 a. 326; 
2005 a. 444; 2007 a. 140; 2013 a. 161; 2015 a. 195.
Discussing due process rights of a minor child whose parents or guardians seek 
admission of the child. Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 
101 (1979). See also Secretary of Public Welfare v. Institutionalized Juveniles, 442 
U.S. 640, 99 S. Ct. 2523, 61 L. Ed. 2d 142 (1979).
51.138 Emergency outpatient treatment for minors. 
(1) In this section, “outpatient mental health treatment” has the 
meaning given in s. 51.14 (1).
(2) Subject to sub. (4), a treatment director of an outpatient 
mental health treatment provider may provide outpatient mental 
health treatment to a minor for 30 days without first obtaining in-
formed consent if all of the following criteria are satisfied:
(a) An emergency situation exists, as determined by the treat-
ment director of an outpatient mental health treatment provider, 
or time and distance requirements preclude obtaining written 
consent before beginning outpatient mental health treatment, and 
potential harm will come to the minor or others if treatment is not 
initiated before written consent is obtained.
(b) A reasonable effort has been made to obtain consent from 
a parent or guardian of the minor before initiating treatment.
(3) During the 30-day treatment period under sub. (2), the 
treatment director of the outpatient mental health treatment 
provider shall either obtain informed, written consent of a parent 
or guardian of the minor or, if consent is not obtained, file a peti-
tion to initiate a review of outpatient mental health treatment of a 
minor under s. 51.14.
(4) No person may, under the treatment period under sub. (2), 
without the consent of a parent or guardian of the minor, pre-
scribe medications to the minor who is seeking treatment for a 
mental health condition or admit a minor to an inpatient facility 
or an inpatient treatment facility without the consent of a parent 
or guardian.
(5) For services provided under this section when consent of 
a parent or guardian has not been obtained, the treatment director 
of an outpatient mental health treatment provider shall obtain the 
minor’s consent before billing a 3rd party for the services. If the 
minor does not consent to billing a 3rd party, the minor shall be 
responsible for paying for the services, which the department 
shall bill to the minor under s. 46.03 (18) (b).
History: 2017 a. 204; 2021 a. 238 s. 45.
51.14 Review of outpatient mental health treatment of 
minors aged 14 or older. (1) DEFINITIONS. In this section, 
“outpatient mental health treatment” means treatment and social 
services for mental illness, except 24-hour care, treatment, and 
custody that is provided by a treatment facility.
(2) MENTAL HEALTH REVIEW OFFICER. Each court assigned 
to exercise jurisdiction under chs. 48 and 938 shall designate a 
mental health review officer to review petitions filed under sub. 
(3).
(3) REVIEW BY MENTAL HEALTH REVIEW OFFICER. (a) A mi-
nor 14 years of age or older or a person acting on behalf of the mi-
nor 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 pro-
vide the informed consent for outpatient mental health treatment 
required under s. 51.61 (6). For a minor on whose behalf consent 
for outpatient treatment was provided by the minor’s parent or 
guardian despite the minor’s refusal, the treatment director of the 
outpatient facility 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 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 16 51.14 MENTAL HEALTH ACT
described in s. 51.138 (3), the treatment director of the outpatient 
mental health treatment provider shall file a petition to initiate re-
view of outpatient mental health treatment of a minor receiving 
treatment under s. 51.138.
(b) A petition filed under this subsection shall contain all of 
the following:
1. The name, address and birth date of the minor.
2. The name and address of the parent or guardian of the 
minor.
3. The facts substantiating the petitioner’s belief that the mi-
nor needs, or does not need, outpatient mental health treatment.
4. Any available information which substantiates the appro-
priateness of the particular treatment sought for the minor and 
that the particular treatment sought is the least restrictive treat-
ment consistent with the needs of the minor.
(c) Any professional evaluations relevant under par. (b) 3. or 
4. shall be attached to the petition filed under this subsection.
(d) The court which appointed the mental health review offi-
cer shall ensure that necessary assistance is provided to the peti-
tioner in the preparation of the petition under this subsection.
(e) The mental health review officer shall notify the county 
department under s. 51.42 or 51.437 of the contents of any peti-
tion received by the mental health review officer under this sub-
section. The county department under s. 51.42 or 51.437 may, 
following review of the petition contents, make recommendations 
to the mental health review officer as to the need for and appro-
priateness and availability of treatment.
(f) If prior to a hearing under par. (g) the minor 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 re-
view under sub. (4) without further review under this subsection.
(g) Within 21 days after the filing of a petition under this sub-
section, the mental health review officer shall hold a hearing on 
the refusal or inability of the minor’s parent or guardian to pro-
vide informed consent for outpatient treatment or on the provi-
sion of informed consent by the parent or guardian despite the 
minor’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.
(h) If following the hearing under par. (g) and after taking into 
consideration the recommendations, if any, of the county depart-
ment 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 is-
sue a written order that, notwithstanding the written, informed 
consent requirement of s. 51.61 (6), the written, informed con-
sent of the minor’s parent or guardian, if the parent or guardian is 
refusing or unable to provide consent, is not required for outpa-
tient 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:
1. The informed consent of the parent or guardian is unrea-
sonably withheld or the refusal of the minor to provide informed 
consent is unreasonable.
2. The minor is in need of treatment.
3. The particular treatment sought is appropriate for the mi-
nor and is the least restrictive treatment available.
4. The proposed treatment is in the best interests of the 
minor.
(i) The findings under par. (h) and the reasons supporting each 
finding shall be in writing.
(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).
(k) No person may be a mental health review officer in a pro-
ceeding under this section if he or she has provided treatment or 
services to the minor who is the subject of the proceeding.
(4) JUDICIAL REVIEW. (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 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 re-
view of the provision of informed consent by the parent or 
guardian despite the minor’s refusal.
(b) The petition in par. (a) shall conform to the requirements 
set forth in sub. (3) (b). If the minor has refused to provide in-
formed consent, a notation of this fact shall be made on the face 
of the petition.
(c) If a notation of a minor’s refusal to provide informed con-
sent to outpatient mental health treatment appears on the petition, 
the court shall, at least 7 days prior to the time scheduled for the 
hearing, appoint counsel to represent the minor if the minor is un-
represented. If the minor’s parent or guardian has refused to pro-
vide informed consent and the minor is unrepresented, the court 
shall appoint counsel to represent the minor, if requested by the 
minor or determined by the court to be in the best interests of the 
minor.
(d) The court shall hold a hearing on the petition within 21 
days after filing of the petition.
(e) Notice of the hearing under this subsection shall be pro-
vided by the court by certified mail, at least 96 hours prior to the 
hearing, to the minor, the minor’s parent or guardian, the minor’s 
counsel and guardian ad litem, if any, and any other interested 
party known to the court.
(f) The rules of evidence in civil actions shall apply to any 
hearing under this section. A record, including written findings 
of fact and conclusions of law, shall be maintained of the entire 
proceedings. Findings shall be based on evidence that is clear, 
satisfactory and convincing.
(g) After the hearing under this subsection, the court shall is-
sue a written order stating that, notwithstanding the written, in-
formed consent requirement of s. 51.61 (6), the written, informed 
consent of the parent or guardian, if the parent or guardian re-
fuses or is unable to provide consent, is not required for outpa-
tient 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 appropri-
ate, if the court finds all of the following:
1. The informed consent is unreasonably withheld.
2. The minor is in need of treatment.
3. The particular treatment sought is appropriate for the mi-
nor and is the least restrictive treatment available.
4. The treatment is in the best interests of the minor.
(5) APPEAL. Any person who is aggrieved by a determination 
or order under sub. (4) and who is directly affected by the deter-
mination or order may appeal to the court of appeals under s. 
809.30.
(6) FINDING OR ORDER NOT A FINDING OF MENTAL ILLNESS. 
A finding or order under this section does not constitute a finding 
of mental illness.
(7) LISTING OF MENTAL HEALTH REVIEW OFFICERS. The de-
partment shall compile a list that specifies the mental health re-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.1517 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
view officers in each county, post the list on the department’s 
website, and update the list as necessary.
History: 1987 a. 367; 1995 a. 77; 1997 a. 27; 2003 a. 326; 2005 a. 444; 2009 a. 
276; 2017 a. 204; 2017 a. 365 s. 112.
NOTE: 1987 Wis. Act 367, which created this section, contains a prefatory 
note and an explanatory note following the section.
51.15 Emergency detention. (1) BASIS FOR DETENTION; 
PURPOSE. (ag) The purpose of this section is to provide, on an 
emergency basis, treatment by the least restrictive means appro-
priate to the individual’s needs, to individuals who meet all of the 
following criteria:
1. Are mentally ill, drug dependent, or developmentally 
disabled.
2. Evidence one of the standards set forth in par. (ar) 1. to 4.
3. Are reasonably believed to be unable or unwilling to coop-
erate with voluntary treatment.
(ar) A law enforcement officer or other person authorized to 
take a child into custody under ch. 48 or to take a juvenile into 
custody under ch. 938 may take an individual into custody if the 
officer or person has cause to believe that the individual is men-
tally ill, is drug dependent, or is developmentally disabled, that 
taking the person into custody is the least restrictive alternative 
appropriate to the person’s needs, and that the individual evi-
dences any of the following:
1. A substantial probability of physical harm to himself or 
herself as manifested by evidence of recent threats of or attempts 
at suicide or serious bodily harm.
2. A substantial probability of physical harm to other persons 
as manifested by evidence of recent homicidal or other violent 
behavior on his or her part, or by evidence that others are placed 
in reasonable fear of violent behavior and serious physical harm 
to them, as evidenced by a recent overt act, attempt or threat to do 
serious physical harm on his or her part.
3. A substantial probability of physical impairment or injury 
to himself or herself or other individuals due to impaired judg-
ment, as manifested by evidence of a recent act or omission. The 
probability of physical impairment or injury is not substantial un-
der this subdivision if reasonable provision for the individual’s 
protection is available in the community and there is a reasonable 
probability that the individual will avail himself or herself of 
these services or, in the case of a minor, if the individual is appro-
priate for services or placement under s. 48.13 (4) or (11) or 
938.13 (4). Food, shelter or other care provided to an individual 
who is substantially incapable of obtaining the care for himself or 
herself, by any person other than a treatment facility, does not 
constitute reasonable provision for the individual’s protection 
available in the community under this subdivision.
4. Behavior manifested by a recent act or omission that, due 
to mental illness, he or she is unable to satisfy basic needs for 
nourishment, medical care, shelter, or safety without prompt and 
adequate treatment so that a substantial probability exists that 
death, serious physical injury, serious physical debilitation, or se-
rious physical disease will imminently ensue unless the individ-
ual receives prompt and adequate treatment for this mental ill-
ness. No substantial probability of harm under this subdivision 
exists if reasonable provision for the individual’s treatment and 
protection is available in the community and there is a reasonable 
probability that the individual will avail himself or herself of 
these services, if the individual may be provided protective place-
ment or protective services under ch. 55, or, in the case of a mi-
nor, if the individual is appropriate for services or placement un-
der s. 48.13 (4) or (11) or 938.13 (4). The individual’s status as a 
minor does not automatically establish a substantial probability 
of death, serious physical injury, serious physical debilitation or 
serious disease under this subdivision. Food, shelter or other care 
provided to an individual who is substantially incapable of pro-
viding the care for himself or herself, by any person other than a 
treatment facility, does not constitute reasonable provision for the 
individual’s treatment or protection available in the community 
under this subdivision.
(b) The officer’s or other person’s belief shall be based on any 
of the following:
1. A specific recent overt act or attempt or threat to act or 
omission by the individual which is observed by the officer or 
person.
2. A specific recent overt act or attempt or threat to act or 
omission by the individual which is reliably reported to the offi-
cer or person by any other person, including any probation, ex-
tended supervision and parole agent authorized by the depart-
ment of corrections to exercise control and supervision over a 
probationer, parolee or person on extended supervision.
(2) FACILITIES FOR DETENTION; TRANSPORT; APPROVAL. (a) 
Subject to par. (b), the law enforcement officer or other person 
authorized to take a child into custody under ch. 48 or to take a ju-
venile into custody under ch. 938 shall transport the individual, or 
cause him or her to be transported, for detention, if the county de-
partment of community programs in the county in which the indi-
vidual was taken into custody approves the need for detention, 
and for evaluation, diagnosis, and treatment if permitted under 
sub. (8). A law enforcement agency may also contract with an-
other law enforcement agency, an ambulance service provider, or 
a 3rd-party vendor to transport an individual for detention as set 
forth in this paragraph if the agency, provider, or vendor agrees to 
provide the transport.
(b) If an individual is in a hospital’s emergency department, 
the law enforcement officer or other person as described under 
par. (a) may not transport the individual for detention until a hos-
pital employee or medical staff member who is treating the indi-
vidual determines that the transfer of the individual to the deten-
tion facility is medically appropriate and communicates that de-
termination to the law enforcement officer or other person.
(c) The county department may approve the detention only if 
a physician who has completed a residency in psychiatry, a psy-
chologist, or a mental health professional, as determined by the 
department, has performed a crisis assessment on the individual 
and agrees with the need for detention and the county department 
reasonably believes the individual will not voluntarily consent to 
evaluation, diagnosis, and treatment necessary to stabilize the in-
dividual and remove the substantial probability of physical harm, 
impairment, or injury to himself, herself, or others. For purposes 
of this paragraph, a crisis assessment may be conducted in per-
son, by telephone, or by telemedicine or video conferencing 
technology.
(d) Detention under this section may only be in a treatment fa-
cility approved by the department or the county department, if 
the facility agrees to detain the individual, or a state treatment fa-
cility. The department shall approve for purposes of this subsec-
tion any facility certified under s. 51.036.
(e) Subject to s. 49.45 (29x), a county may obtain reimburse-
ment through the Medical Assistance program under subch. IV of 
ch. 49 for transport of an individual for purposes of emergency 
detention if all of the following are true:
1. The individual transported is a medical assistance 
recipient.
2. The transport is provided by a law enforcement agency or 
an entity that contracts with a law enforcement agency under par. 
(a).
3. If the transport is provided by a 3rd-party vendor that is 
not a law enforcement agency or an ambulance service provider, 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 18 51.15 MENTAL HEALTH ACT
the 3rd-party vendor meets criteria established for reimburse-
ment by the department.
(3) CUSTODY. An individual is in custody when the individ-
ual is under the physical control of the law enforcement officer, 
or other person authorized to take a child into custody under ch. 
48 or to take a juvenile into custody under ch. 938, for the pur-
poses of emergency detention. The individual remains in the cus-
tody of the law enforcement officer or other person authorized to 
take a child into custody under ch. 48 or to take a juvenile into 
custody under ch. 938 for transport for the purposes of emergency 
detention, except that if a law enforcement agency contracts with 
another law enforcement agency to transport an individual as de-
scribed under sub. (2) (a) for the purposes of emergency deten-
tion, custody is transferred to the transporting law enforcement 
agency. Upon arrival at the facility under sub. (2), custody of the 
individual is transferred to the facility.
(4) DETENTION PROCEDURE; M ILWAUKEE C OUNTY. (a) In 
counties having a population of 750,000 or more, the law en-
forcement officer or other person authorized to take a child into 
custody under ch. 48 or to take a juvenile into custody under ch. 
938 shall sign a statement of emergency detention which shall 
provide detailed specific information concerning the recent overt 
act, attempt, or threat to act or omission on which the belief under 
sub. (1) is based and the names of the persons observing or re-
porting the recent overt act, attempt, or threat to act or omission. 
The law enforcement officer or other person is not required to 
designate in the statement whether the subject individual is men-
tally ill, developmentally disabled, or drug dependent, but shall 
allege that he or she has cause to believe that the individual evi-
dences one or more of these conditions. The law enforcement of-
ficer or other person shall deliver, or cause to be delivered, the 
statement to the detention facility upon the delivery of the indi-
vidual to it.
(b) Upon delivery of the individual, the treatment director of 
the facility, or his or her designee, shall determine within 24 
hours, except as provided in par. (c), whether the individual shall 
be detained, or shall be detained, evaluated, diagnosed and 
treated, if evaluation, diagnosis and treatment are permitted un-
der sub. (8), and shall either release the individual or detain him 
or her for a period not to exceed 72 hours after the individual is 
taken into custody for the purposes of emergency detention, ex-
clusive of Saturdays, Sundays and legal holidays. If the treatment 
director, or his or her designee, determines that the individual is 
not eligible for commitment under s. 51.20 (1) (a), the treatment 
director shall release the individual immediately, unless other-
wise authorized by law. If the individual is detained, the treat-
ment director or his or her designee may supplement in writing 
the statement filed by the law enforcement officer or other per-
son, and shall designate whether the subject individual is believed 
to be mentally ill, developmentally disabled or drug dependent, if 
no designation was made by the law enforcement officer or other 
person. The director or designee may also include other specific 
information concerning his or her belief that the individual meets 
the standard for commitment. The treatment director or designee 
shall then promptly file the original statement together with any 
supplemental statement and notification of detention with the 
court having probate jurisdiction in the county in which the indi-
vidual was taken into custody. The filing of the statement and no-
tification has the same effect as a petition for commitment under 
s. 51.20.
(c) When calculating the 24 hours under par. (b) in which a 
treatment director determines whether an individual should be 
detained, any period delaying that determination that is directly 
attributable to evaluation or stabilizing treatment of non-psychi-
atric medical conditions of the individual is excluded from the 
calculation.
(4m) DETENTION PILOT PROGRAM; M ILWAUKEE C OUNTY. 
(a) Definitions. In this subsection:
1. “Treatment director” includes a fully licensed physician or 
licensed psychologist who is a full-time or part-time employee of, 
or on contract with, the Milwaukee County Behavioral Health Di-
vision and who actively assumes clinical responsibility for the 
provision of emergency service care.
2. “Treatment director designee” means an individual who is 
any of the following licensed mental health professionals, who is 
a full-time or part-time employee of, or on contract with, the Mil-
waukee County Behavioral Health Division, and who may pro-
vide care to individuals in accordance with, and as permitted by, 
state licensure laws, in collaboration with a treatment director 
who is assigned to the same service or program:
a. Licensed clinical social worker as described in s. 457.01 
(1r).
b. Advanced practice social worker as defined in s. 457.01 
(1c).
c. Licensed professional counselor as described in s. 457.01 
(7).
d. Licensed marriage and family therapist as described in s. 
457.01 (3).
e. Psychiatric nurse.
(b) Basis for detention. In Milwaukee County, a treatment di-
rector or treatment director designee may take an individual into 
custody if the treatment director or treatment director designee 
has cause to believe that the individual is mentally ill, is drug de-
pendent, or is developmentally disabled, and that the individual 
evidences any of the criteria under sub. (1) (ar) 1. to 4. The treat-
ment director’s belief or the treatment director designee’s belief 
shall be based on any of the criteria under sub. (1) (b).
(c) Facilities for detention. The treatment director or treat-
ment director designee shall transport the individual, or cause 
him or her to be transported, for detention to any of the facilities 
described in sub. (2) (d) and shall approve evaluation, diagnosis, 
and treatment if permitted under sub. (8).
(d) Procedure. 1. In Milwaukee County, a treatment director 
or treatment director designee who takes an individual, or causes 
an individual to be taken, into custody under par. (b) shall sign a 
statement of emergency detention which shall provide detailed 
specific information concerning the recent overt act, attempt, or 
threat to act or omission on which the belief under par. (b) is 
based and the names of the persons observing or reporting the re-
cent overt act, attempt, or threat to act or omission. The treatment 
director or treatment director designee shall designate in the 
statement whether the subject individual is mentally ill, develop-
mentally disabled, or drug dependent and provide any informa-
tion concerning his or her belief that the individual meets the 
standard for commitment.
2. If evaluation, diagnosis, and treatment are permitted under 
sub. (8), the treatment director or treatment director designee 
shall detain the individual for a period not to exceed 72 hours af-
ter delivery of the individual to the detention facility, exclusive of 
Saturdays, Sundays, and legal holidays. The treatment director or 
treatment director designee shall promptly file the original state-
ment of emergency detention together with any supplemental 
statement and notification of detention with the court having pro-
bate jurisdiction in the county in which the individual was taken 
into custody. The filing of the statement and notification has the 
same effect as a petition for commitment under s. 51.20.
(e) Termination of pilot program. Paragraphs (a) to (d) do not 
apply after July 1, 2017.
(5) DETENTION PROCEDURE; OTHER COUNTIES. In counties 
having a population of less than 750,000, the law enforcement of-
ficer or other person authorized to take a child into custody under 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.1519 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
ch. 48 or to take a juvenile into custody under ch. 938 shall sign a 
statement of emergency detention that shall provide detailed spe-
cific information concerning the recent overt act, attempt, or 
threat to act or omission on which the belief under sub. (1) is 
based and the names of persons observing or reporting the recent 
overt act, attempt, or threat to act or omission. The law enforce-
ment officer or other person is not required to designate in the 
statement whether the subject individual is mentally ill, develop-
mentally disabled, or drug dependent, but shall allege that he or 
she has cause to believe that the individual evidences one or more 
of these conditions. The statement of emergency detention shall 
be filed by the officer or other person with the detention facility 
at the time of admission, and with the court immediately there-
after. The filing of the statement has the same effect as a petition 
for commitment under s. 51.20. When, upon the advice of the 
treatment staff, the director of a facility specified in sub. (2) (d) 
determines that the grounds for detention no longer exist, he or 
she shall discharge the individual detained under this section. 
Unless a hearing is held under s. 51.20 (7) or 55.135, the subject 
individual may not be detained by the law enforcement officer or 
other person and the facility for more than a total of 72 hours af-
ter the individual is taken into custody for the purposes of emer-
gency detention, exclusive of Saturdays, Sundays, and legal 
holidays.
(6) RELEASE. If the individual is released, the treatment di-
rector or his or her designee, upon the individual’s request, shall 
arrange for the individual’s transportation to the locality where he 
or she was taken into custody.
(7) INTERCOUNTY AGREEMENTS. Counties may enter into 
contracts whereby one county agrees to conduct commitment 
hearings for individuals who are detained in that county but who 
are taken into custody under this section in another county. Such 
contracts shall include provisions for reimbursement to the 
county of detention for all reasonable direct and auxiliary costs of 
commitment proceedings conducted under this section and s. 
51.20 by the county of detention concerning individuals taken 
into custody in the other county and shall include provisions to 
cover the cost of any voluntary or involuntary services provided 
under this chapter to the subject individual as a result of proceed-
ings or conditional suspension of proceedings resulting from the 
notification of detention. Where there is such a contract binding 
the county where the individual is taken into custody and the 
county where the individual is detained, the statements of deten-
tion specified in subs. (4) and (5) and the notification specified in 
sub. (4) shall be filed with the court having probate jurisdiction in 
the county of detention, unless the subject individual requests 
that the proceedings be held in the county in which the individual 
is taken into custody.
(8) EVALUATION, DIAGNOSIS AND TREATMENT. When an in-
dividual is detained under this section, the director and staff of 
the treatment facility may evaluate, diagnose and treat the indi-
vidual during detention, if the individual consents. The individ-
ual has a right to refuse medication and treatment as provided in 
s. 51.61 (1) (g) and (h). The individual shall be advised of that 
right by the director of the facility or his or her designee, and a re-
port of any evaluation and diagnosis and of all treatment provided 
shall be filed by that person with the court.
(9) NOTICE OF RIGHTS. At the time of arrival at the facility, 
under sub. (2), the individual shall be informed by the director of 
the facility or such person’s designee, both orally and in writing, 
of his or her right to contact an attorney and a member of his or 
her immediate family, the right to have an attorney provided at 
public expense, as provided under s. 51.60, and the right to re-
main silent and that the individual’s statements may be used as a 
basis for commitment. The individual shall also be provided with 
a copy of the statement of emergency detention.
(10) VOLUNTARY PATIENTS. If an individual has been admit-
ted to an approved treatment facility under s. 51.10 or 51.13, or 
has been otherwise admitted to such facility, the treatment direc-
tor or his or her designee, if conditions exist for taking the indi-
vidual into custody under sub. (1), may sign a statement of emer-
gency detention and may detain, or detain, evaluate, diagnose and 
treat the individual as provided in this section. In such case, the 
treatment director shall undertake all responsibilities that are re-
quired of a law enforcement officer under this section. The treat-
ment director shall promptly file the statement with the court hav-
ing probate jurisdiction in the county of detention as provided in 
this section.
(11) LIABILITY. Any individual who acts in accordance with 
this section, including making a determination that an individual 
has or does not have mental illness or evidences or does not evi-
dence a substantial probability of harm under sub. (1) (ar) 1., 2., 
3., or 4. or a determination under sub. (2) (b) that the transfer of 
an individual is medically appropriate, is not liable for any ac-
tions taken in good faith. The good faith of the actor shall be pre-
sumed in any civil action. Whoever asserts that the individual 
who acts in accordance with this section has not acted in good 
faith has the burden of proving that assertion by evidence that is 
clear, satisfactory and convincing.
(11g) OTHER LIABILITY. Subsection (11) applies to a direc-
tor of a facility, as specified in sub. (2) (d), or his or her designee, 
who under a court order evaluates, diagnoses or treats an individ-
ual who is confined in a jail, if the individual consents to the eval-
uation, diagnosis or treatment.
(11m) TRAINING. Law enforcement agencies shall designate 
at least one officer authorized to take an individual into custody 
under this section who shall attend the in-service training on 
emergency detention and emergency protective placement proce-
dures offered by a county department of community programs 
under s. 51.42 (3) (ar) 4. d., if the county department of commu-
nity programs serving the law enforcement agency’s jurisdiction 
offers an in-service training program.
(12) PENALTY. Whoever signs a statement under sub. (4), (5) 
or (10) knowing the information contained therein to be false is 
guilty of a Class H felony.
History: 1975 c. 430; 1977 c. 29, 428; 1979 c. 175, 300, 336, 355; 1985 a. 176; 
1987 a. 366, 394; 1989 a. 56 s. 259; 1993 a. 451; 1995 a. 77, 175, 292; 1997 a. 35, 
283; 2001 a. 16 ss. 1966d to 1966h, 4034zb to 4034zd, 4041d to 4041g; 2001 a. 109; 
2005 a. 264; 2007 a. 20; 2009 a. 28; 2013 a. 158, 235; 2015 a. 55; 2015 a. 195 ss. 11 
to 13, 83; 2017 a. 140; 2019 a. 105; 2021 a. 131; 2021 a. 240 s. 30; 2023 a. 249.
A mental health worker did not have immunity under sub. (11) for actions regard-
ing a person already in custody and not taken into custody under an emergency de-
tention. Kell v. Raemisch, 190 Wis. 2d 754, 528 N.W.2d 13 (Ct. App. 1994).
The time limits established by former sub. (4) (b), 2011 stats., are triggered when 
a person taken into custody under that provision is transported to any of the facilities 
specified in former sub. (2), 2011 stats., even if a person taken into custody in Mil-
waukee County is not taken to the facility established by the county under s. 51.08 
for that purpose. Milwaukee County v. Delores M., 217 Wis. 2d 69 , 577 N.W.2d 
371 (Ct. App. 1998), 96-2508.
The community caretaker exception that allows police officers to make a warrant-
less entry into a home when engaging in an activity that is unrelated to criminal ac-
tivity and is for the public good applies to police activity undertaken pursuant to this 
section. State v. Horngren, 2000 WI App 177, 238 Wis. 2d 347, 617 N.W.2d 508, 
99-2065.
Sub. (10) is not ambiguous and cannot reasonably be construed to authorize the 
continued detention of an involuntarily admitted individual based on a treatment di-
rector’s statement of emergency detention when the individual had not been given 
the required probable cause hearing. Although sub. (10) refers to “voluntary pa-
tients” in its title, “otherwise admitted” in sub. (10) is not restricted to the admission 
of voluntary patients and encompasses involuntary admissions. Although “other-
wise admitted” applies to involuntary patients, it does not necessarily follow that the 
term includes involuntary patients who have been detained beyond 72 hours without 
a probable cause hearing under s. 51.20 (7) (a). Dane County v. Stevenson L.J., 
2009 WI App 84, 320 Wis. 2d 194, 768 N.W.2d 223, 08-1281.
By granting immunity to any individual acting in accordance with this section, 
the legislature plainly intended to expand immunity beyond those authorized to take 
individuals into physical custody. Sub. (11) presumes that a person participating in 
emergency detention decisions has acted in good faith. This presumption can be de-
feated only by clear, satisfactory, and convincing evidence to the contrary. Estate of 
Hammersley v. Wisconsin County Mutual Insurance Corp., 2012 WI App 44 , 340 
Wis. 2d 557, 811 N.W.2d 878, 11-0359.
Sub. (2) authorizes the Department of Health Services (DHS) to designate one 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 20 51.15 MENTAL HEALTH ACT
state treatment facility that will accept custody of individuals transported for emer-
gency detention and treatment. It is unreasonable to assume that the legislature in-
tended to force DHS to organize itself and expend resources so that emergency de-
tention and treatment is performed at all six state treatment facilities when other 
statutes authorize DHS to use discretion to organize those facilities in a manner con-
sistent with the facilities’ statutory functions, consistent with the overriding statu-
tory purpose of providing a unified system of treatment as resources allow. City of 
Madison v. Department of Health Services, 2017 WI App 25, 375 Wis. 2d 203, 895 
N.W.2d 844, 16-0727.
It is inadvisable to treat individuals transported across state lines for emergency 
medical care differently than other individuals when determining whether emer-
gency detention proceedings should be initiated pursuant to this section. 78 Atty. 
Gen. 59.
While sub. (7) does not authorize contractual agreements with counties outside of 
Wisconsin, ss. 51.75 (11), 51.87 (3), and 66.30 (5) [now s. 66.0303] each contain le-
gal mechanisms through which financial or other responsibility for care and treat-
ment of individuals from such counties may be shared under certain specified cir-
cumstances. 78 Atty. Gen. 59.
Former s. 51.15, 2011 stats., permits transfer of custody from a law enforcement 
officer only to one of the four categories of facilities enumerated in former sub. (2), 
2011 stats. The law enforcement officer’s statutory obligation under former s. 
51.15, 2011 stats., is not discharged until a transfer of custody to one of those four 
categories of facilities occurs. 81 Atty. Gen. 110.
51.17 Warning of dangerousness. (1) DEFINITION. In 
this section, “health care provider” has the meaning given in s. 
146.81 (1).
(2) AUTHORIZATION. Any health care provider, as permitted 
by s. 146.816 (2) (b) 4. or 5., and any law enforcement officer 
may make a disclosure of information evidencing that an individ-
ual poses a substantial probability of serious bodily harm to any 
other person in a good faith effort to prevent or lessen a serious 
and imminent threat to the health or safety of a person or the 
public.
(3) DUTY; HEALTH CARE PROVIDERS. (a) Any health care 
provider that reasonably believes an individual has a substantial 
probability of harm to himself or herself or to another person un-
der s. 51.15 (1) (ar) 1., 2., 3., or 4. fulfills any duty to warn a 3rd 
party by doing any of the following:
1. Contacting a law enforcement officer regarding the indi-
vidual and disclosing knowledge of potential evidence of a sub-
stantial probability of harm under s. 51.15 (1) (ar) 1., 2., 3., or 4.
2. Contacting the county department that the health care 
provider reasonably believes is responsible for approving the 
need for emergency detention of the individual under s. 51.15 (2) 
and disclosing knowledge of potential evidence of a substantial 
probability of harm under s. 51.15 (1) (ar) 1., 2., 3., or 4.
3. If the health care provider is an agent of the county depart-
ment that is responsible for approving the need for emergency de-
tention under s. 51.15 (2) and is authorized by that county depart-
ment to approve or disapprove the need for emergency detention 
under s. 51.15 (2) , approving the emergency detention of the 
individual.
4. Taking any other action that a reasonable health care 
provider would consider as fulfilling the duty to warn a 3rd party 
of substantial probability of harm.
(b) If an individual is not in custody of a facility under s. 
51.15 (3) and is not voluntarily admitted to a inpatient psychiatric 
unit, a health care provider that takes any of the actions under par. 
(a) has no further duty to any person to seek involuntary treat-
ment, emergency detention, emergency stabilization, or commit-
ment of the individual; to physically restrain or isolate the indi-
vidual; to prevent the individual from leaving the hospital; or to 
provide treatment or medication without the individual’s consent.
(4) LIABILITY. Any person or health care provider that acts in 
accordance with this section is not civilly or criminally liable for 
actions taken in good faith. The good faith of the actor shall be 
presumed in a civil action. Whoever asserts that the individual 
who acts in accordance has not acted in good faith has the burden 
of proving that assertion by evidence that is clear, satisfactory, 
and convincing.
History: 2017 a. 140, 143.
51.20 Involuntary commitment for treatment. (1) PE-
TITION FOR EXAMINATION. (a) Except as provided in pars. (ab), 
(am), and (ar), every written petition for examination shall allege 
that all of the following apply to the subject individual to be 
examined:
1. The individual is mentally ill or, except as provided under 
subd. 2. e., drug dependent or developmentally disabled and is a 
proper subject for treatment.
2. The individual is dangerous because he or she does any of 
the following:
a. Evidences a substantial probability of physical harm to 
himself or herself as manifested by evidence of recent threats of 
or attempts at suicide or serious bodily harm.
b. Evidences a substantial probability of physical harm to 
other individuals as manifested by evidence of recent homicidal 
or other violent behavior, or by evidence that others are placed in 
reasonable fear of violent behavior and serious physical harm to 
them, as evidenced by a recent overt act, attempt or threat to do 
serious physical harm. In this subd. 2. b., if the petition is filed 
under a court order under s. 938.30 (5) (c) 1. or (d) 1., a finding 
by the court exercising jurisdiction under chs. 48 and 938 that the 
juvenile committed the act or acts alleged in the petition under s. 
938.12 or 938.13 (12) may be used to prove that the juvenile ex-
hibited recent homicidal or other violent behavior or committed a 
recent overt act, attempt or threat to do serious physical harm.
c. Evidences such impaired judgment, manifested by evi-
dence of a pattern of recent acts or omissions, that there is a sub-
stantial probability of physical impairment or injury to himself or 
herself or other individuals. The probability of physical impair-
ment or injury is not substantial under this subd. 2. c. if reason-
able provision for the subject individual’s protection is available 
in the community and there is a reasonable probability that the 
individual will avail himself or herself of these services, if the in-
dividual may be provided protective placement or protective ser-
vices under ch. 55, or, in the case of a minor, if the individual is 
appropriate for services or placement under s. 48.13 (4) or (11) or 
938.13 (4). The subject individual’s status as a minor does not 
automatically establish a substantial probability of physical im-
pairment or injury under this subd. 2. c. Food, shelter or other 
care provided to an individual who is substantially incapable of 
obtaining the care for himself or herself, by a person other than a 
treatment facility, does not constitute reasonable provision for the 
subject individual’s protection available in the community under 
this subd. 2. c.
d. Evidences behavior manifested by recent acts or omissions 
that, due to mental illness, he or she is unable to satisfy basic 
needs for nourishment, medical care, shelter or safety without 
prompt and adequate treatment so that a substantial probability 
exists that death, serious physical injury, serious physical debili-
tation, or serious physical disease will imminently ensue unless 
the individual receives prompt and adequate treatment for this 
mental illness. No substantial probability of harm under this 
subd. 2. d. exists if reasonable provision for the individual’s treat-
ment and protection is available in the community and there is a 
reasonable probability that the individual will avail himself or 
herself of these services, if the individual may be provided pro-
tective placement or protective services under ch. 55, or, in the 
case of a minor, if the individual is appropriate for services or 
placement under s. 48.13 (4) or (11) or 938.13 (4). The individ-
ual’s status as a minor does not automatically establish a substan-
tial probability of death, serious physical injury, serious physical 
debilitation or serious disease under this subd. 2. d. Food, shelter 
or other care provided to an individual who is substantially inca-
pable of obtaining the care for himself or herself, by any person 
other than a treatment facility, does not constitute reasonable pro-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.2021 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
vision for the individual’s treatment or protection available in the 
community under this subd. 2. d.
e. For an individual, other than an individual who is alleged 
to be drug dependent or developmentally disabled, after the ad-
vantages and disadvantages of and alternatives to accepting a par-
ticular medication or treatment have been explained to him or her 
and because of mental illness, evidences either incapability of ex-
pressing an understanding of the advantages and disadvantages of 
accepting medication or treatment and the alternatives, or sub-
stantial incapability of applying an understanding of the advan-
tages, disadvantages, and alternatives to his or her mental illness 
in order to make an informed choice as to whether to accept or 
refuse medication or treatment; and evidences a substantial prob-
ability, as demonstrated by both the individual’s treatment history 
and his or her recent acts or omissions, that the individual needs 
care or treatment to prevent further disability or deterioration and 
a substantial probability that he or she will, if left untreated, lack 
services necessary for his or her health or safety and suffer severe 
mental, emotional, or physical harm that will result in the loss of 
the individual’s ability to function independently in the commu-
nity or the loss of cognitive or volitional control over his or her 
thoughts or actions. The probability of suffering severe mental, 
emotional, or physical harm is not substantial under this subd. 2. 
e. if reasonable provision for the individual’s care or treatment is 
available in the community and there is a reasonable probability 
that the individual will avail himself or herself of these services 
or if the individual may be provided protective placement or pro-
tective services under ch. 55. Food, shelter, or other care that is 
provided to an individual who is substantially incapable of ob-
taining food, shelter, or other care for himself or herself by any 
person other than a treatment facility does not constitute reason-
able provision for the individual’s care or treatment in the com-
munity under this subd. 2. e. The individual’s status as a minor 
does not automatically establish a substantial probability of suf-
fering severe mental, emotional, or physical harm under this 
subd. 2. e.
(ab) If the individual is an inmate of a prison, jail or other 
criminal detention facility, the fact that the individual receives 
food, shelter and other care in that facility may not limit the appli-
cability of par. (a) to the individual. The food, shelter and other 
care does not constitute reasonable provision for the individual’s 
protection available in the community.
(ad) 1. If a petition under par. (a) is based on par. (a) 2. e., the 
petition shall be reviewed and approved by the attorney general or 
by his or her designee prior to the time that it is filed. If the attor-
ney general or his or her designee disapproves or fails to act with 
respect to the petition, the petition may not be filed.
2. Subdivision 1. does not apply if the attorney general 
makes a finding that a court of competent jurisdiction in this 
state, in a case in which the constitutionality of par. (a) 2. e. has 
been challenged, has upheld the constitutionality of par. (a) 2. e.
(am) If the individual has been the subject of inpatient treat-
ment for mental illness, developmental disability, or drug depen-
dency immediately prior to commencement of the proceedings as 
a result of a voluntary admission, a commitment or protective 
placement ordered by a court under this section or s. 55.06, 2003 
stats., s. 971.17, or ch. 975, or a protective placement or protec-
tive services ordered under s. 55.12, or if the individual has been 
the subject of outpatient treatment for mental illness, develop-
mental disability, or drug dependency immediately prior to com-
mencement of the proceedings as a result of a commitment or-
dered by a court under this section, s. 971.17, or ch. 975, the re-
quirements of a recent overt act, attempt or threat to act under par. 
(a) 2. a. or b., pattern of recent acts or omissions under par. (a) 2. 
c. or e., or recent behavior under par. (a) 2. d. may be satisfied by 
a showing that there is a substantial likelihood, based on the sub-
ject individual’s treatment record, that the individual would be a 
proper subject for commitment if treatment were withdrawn. If 
the individual has been admitted voluntarily to an inpatient treat-
ment facility for not more than 30 days prior to the commence-
ment of the proceedings and remains under voluntary admission 
at the time of commencement, the requirements of a specific re-
cent overt act, attempt or threat to act, or pattern of recent acts or 
omissions may be satisfied by a showing of an act, attempt or 
threat to act, or pattern of acts or omissions which took place im-
mediately previous to the voluntary admission. If the individual 
is committed under s. 971.14 (2) or (5) at the time proceedings 
are commenced, or has been discharged from the commitment 
immediately prior to the commencement of proceedings, acts, at-
tempts, threats, omissions, or behavior of the subject individual 
during or subsequent to the time of the offense shall be deemed 
recent for purposes of par. (a) 2.
(ar) If the individual is an inmate of a state prison, the petition 
may allege that the inmate is mentally ill, is a proper subject for 
treatment and is in need of treatment. The petition shall allege 
that appropriate less restrictive forms of treatment have been at-
tempted with the individual and have been unsuccessful and it 
shall include a description of the less restrictive forms of treat-
ment that were attempted. The petition shall also allege that the 
individual has been fully informed about his or her treatment 
needs, the mental health services available to him or her and his 
or her rights under this chapter and that the individual has had an 
opportunity to discuss his or her needs, the services available to 
him or her and his or her rights with a licensed physician or a li-
censed psychologist. The petition shall include the inmate’s sen-
tence and his or her expected date of release as determined under 
s. 302.11 or 302.113, whichever is applicable. The petition shall 
have attached to it a signed statement by a licensed physician or a 
licensed psychologist of a state prison and a signed statement by 
a licensed physician or a licensed psychologist of a state treat-
ment facility attesting either of the following:
1. That the inmate needs inpatient treatment at a state treat-
ment facility because appropriate treatment is not available in the 
prison.
2. That the inmate’s treatment needs can be met on an outpa-
tient basis in the prison.
(b) Each petition for examination shall be signed by 3 adult 
persons, at least one of whom has personal knowledge of the con-
duct of the subject individual, except that this requirement does 
not apply if the petition is filed pursuant to a court order under s. 
938.30 (5) (c) 1. or (d) 1.
(c) The petition shall contain the names and mailing ad-
dresses of the petitioners and their relation to the subject individ-
ual, and shall also contain the names and mailing addresses of the 
individual’s spouse, adult children, parents or guardian, custo-
dian, brothers, sisters, person in the place of a parent and person 
with whom the individual resides or lives. If this information is 
unknown to the petitioners or inapplicable, the petition shall so 
state. The petition may be filed in the court assigned to exercise 
probate jurisdiction for the county where the subject individual is 
present or the county of the individual’s legal residence. If the 
judge of the court or a circuit court commissioner who handles 
probate matters is not available, the petition may be filed and the 
hearing under sub. (7) may be held before a judge or circuit court 
commissioner of any circuit court for the county. For the pur-
poses of this chapter, duties to be performed by a court shall be 
carried out by the judge of the court or a circuit court commis-
sioner of the court who is designated by the chief judge to so act, 
in all matters prior to a final hearing under this section. The peti-
tion shall contain a clear and concise statement of the facts which 
constitute probable cause to believe the allegations of the peti-
tion. The petition shall be sworn to be true. If a petitioner is not 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 22 51.20 MENTAL HEALTH ACT
a petitioner having personal knowledge as provided in par. (b), 
the petition shall contain a statement providing the basis for his or 
her belief.
(1m) ALTERNATE GROUNDS FOR COMMITMENT. For pur-
poses of subs. (2) to (9), the requirement of finding probable 
cause to believe the allegations in sub. (1) (a) or (am) may be sat-
isfied by finding probable cause to believe that the individual sat-
isfies sub. (1) (a) 1. and evidences such impaired judgment, man-
ifested by evidence of a recent act or omission, that there is a sub-
stantial probability of physical impairment or injury to himself or 
herself. The probability of physical impairment or injury may not 
be deemed substantial under this subsection if reasonable provi-
sion for the individual’s protection is available in the community 
and there is a reasonable probability that the individual will avail 
himself or herself of the services or if the individual may be pro-
vided protective placement or protective services under ch. 55. 
The individual’s status as a minor does not automatically estab-
lish a substantial probability of physical impairment or injury un-
der this subsection. Food, shelter or other care provided to an in-
dividual who is substantially incapable of obtaining the care for 
himself or herself, by any person other than a treatment facility, 
does not constitute reasonable provision for the individual’s pro-
tection available in the community under this subsection.
(2) NOTICE OF HEARING AND DETENTION. (a) Upon the filing 
of a petition for examination, the court shall review the petition 
within 24 hours after the petition is filed, excluding Saturdays, 
Sundays, and legal holidays, to determine whether an order of de-
tention should be issued. The subject individual shall be detained 
only if there is cause to believe that the individual is mentally ill, 
drug dependent or developmentally disabled and the individual is 
eligible for commitment under sub. (1) (a) or (am) based upon 
specific recent overt acts, attempts or threats to act or on a pattern 
of recent acts or omissions made by the individual.
(b) If the subject individual is to be detained, a law enforce-
ment officer shall present the subject individual with a notice of 
hearing, a copy of the petition and detention order and a written 
statement of the individual’s right to an attorney, a jury trial if re-
quested more than 48 hours prior to the final hearing, the stan-
dard upon which he or she may be committed under this section 
and the right to a hearing to determine probable cause for com-
mitment within 72 hours after the individual is taken into custody 
under s. 51.15, excluding Saturdays, Sundays and legal holidays. 
The officer shall orally inform the individual that he or she is be-
ing detained as the result of a petition and detention order issued 
under this chapter. If the individual is not to be detained, the law 
enforcement officer shall serve these documents on the subject 
individual and shall also orally inform the individual of these 
rights. The individual who is the subject of the petition, his or her 
counsel and, if the individual is a minor, his or her parent or 
guardian, if known, shall receive notice of all proceedings under 
this section. The court may also designate other persons to re-
ceive notices of hearings and rights under this chapter. Any such 
notice may be given by telephone. The person giving telephone 
notice shall place in the case file a signed statement of the time 
notice was given and the person to whom he or she spoke. The 
notice of time and place of a hearing shall be served personally 
on the subject of the petition, and his or her attorney, within a rea-
sonable time prior to the hearing to determine probable cause for 
commitment.
(c) If the law enforcement officer has a detention order issued 
by a court, or if the law enforcement officer has cause to believe 
that the subject individual is mentally ill, drug dependent or de-
velopmentally disabled and is eligible for commitment under sub. 
(1) (a) or (am), based upon specific recent overt acts, attempts or 
threats to act or on a pattern of omissions made by the individual, 
the law enforcement officer shall take the subject individual into 
custody. If the individual is detained by a law enforcement offi-
cer, the individual shall be orally informed of his or her rights un-
der this section on arrival at the detention facility by the facility 
staff, who shall also serve all documents required by this section 
on the individual.
(d) Placement shall only be made in a treatment facility ap-
proved by the department or the county department, if the facility 
agrees to detain the subject individual, or in a state treatment fa-
cility. Upon arrival at the facility, the individual is considered to 
be in the custody of the facility.
(3) LEGAL COUNSEL. At the time of the filing of the petition 
the court shall assure that the subject individual is represented by 
adversary counsel by referring the individual to the state public 
defender, who shall appoint counsel for the individual without a 
determination of indigency, as provided in s. 51.60.
(4) PUBLIC REPRESENTATION; LIMITED APPEARANCE. (a) Ex-
cept as provided in ss. 51.42 (3) (ar) 1. and 51.437 (4m) (f) and 
subject to par. (b), the corporation counsel shall represent the in-
terests of the public in the conduct of all proceedings under this 
chapter, including the drafting of all necessary papers related to 
the action.
(b) If corporation counsel does not believe that involuntary 
commitment under this section is appropriate for the subject indi-
vidual, corporation counsel shall inform the person seeking the 
petition under sub. (1) that the person may discontinue pursuing 
the involuntary commitment or may request that corporation 
counsel file the petition under sub. (1) under a limited appear-
ance. If the person seeking the petition requests a limited appear-
ance by corporation counsel for the purpose of filing a petition 
under sub. (1), corporation counsel shall do all of the following:
1. Notify the person seeking the petition of the scope of what 
corporation counsel will do under the limited appearance.
2. File, in a timely manner, the petition as described in sub. 
(1), except that the corporation counsel does not need to affirm 
that the facts in the petition constitute probable cause but may 
state that the person seeking the petition believes those facts con-
stitute probable cause.
3. Include with the petition, at the time of filing, a certifica-
tion to the court that corporation counsel is not supporting the pe-
tition but is making a limited appearance and that he or she has 
notified the person seeking the petition of the scope of this lim-
ited appearance.
(c) Paragraph (b) does not apply to a petition originating un-
der s. 51.15 (4), (5), or (10).
(5) HEARING REQUIREMENTS. (a) The hearings which are re-
quired to be held under this chapter shall conform to the essen-
tials of due process and fair treatment including the right to an 
open hearing, the right to request a closed hearing, the right to 
counsel, the right to present and cross-examine witnesses, the 
right to remain silent and the right to a jury trial if requested un-
der sub. (11). The parent or guardian of a minor who is the sub-
ject of a hearing shall have the right to participate in the hearing 
and to be represented by counsel. All proceedings under this 
chapter shall be reported as provided in SCR 71.01.
(b) The court may determine to hold a hearing under this sec-
tion at the institution at which the individual is detained, whether 
or not located in the same county as the court with which the pe-
tition was filed, unless the individual or his or her attorney 
objects.
(c) 1. In a county in which the courthouse is 100 miles or 
more away from the facility at which the subject of the hearing is 
detained and has videoconferencing capabilities that meet the 
technical and operational standards under s. 885.54, the court 
may conduct the hearing under this section by videoconference 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.2023 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
unless both the corporation counsel and counsel representing the 
subject of the hearing object.
2. Subdivision 1. does not preclude a court from conducting 
a hearing by videoconference in circumstances other than de-
scribed under subd. 1.
(6) JUVENILES. For minors, the hearings held under this sec-
tion shall be before the court assigned to exercise jurisdiction un-
der chs. 48 and 938.
(7) PROBABLE-CAUSE HEARING. (a) After the filing of the 
petition under sub. (1), if the subject individual is detained under 
s. 51.15 or this section the court shall schedule and hold a hearing 
to determine whether there is probable cause to believe the alle-
gations made under sub. (1) (a) within 72 hours after the individ-
ual is taken into custody under s. 51.15 or this section, excluding 
Saturdays, Sundays and legal holidays. At the request of the sub-
ject individual or his or her counsel the hearing may be post-
poned, but in no case may the postponement exceed 7 days from 
the date of detention.
(am) A subject individual may not be examined, evaluated or 
treated for a nervous or mental disorder pursuant to a court order 
under this subsection unless the court first attempts to determine 
whether the person is an enrollee of a health maintenance organi-
zation, limited service health organization or preferred provider 
plan, as defined in s. 609.01, and, if so, notifies the organization 
or plan that the subject individual is in need of examination, eval-
uation or treatment for a nervous or mental disorder.
(b) If the subject individual is not detained or is an inmate of 
a state prison, county jail or house of correction, the court shall 
hold a hearing within a reasonable time of the filing of the peti-
tion, to determine whether there is probable cause to believe the 
allegations made under sub. (1).
(c) If the court determines that there is probable cause to be-
lieve the allegations made under sub. (1), it shall schedule the 
matter for a hearing within 14 days from the time of detention of 
the subject individual, except as provided in sub. (8) (bg) or (bm) 
or (11) (a). If a postponement has been granted under par. (a), the 
matter shall be scheduled for hearing within 21 days from the 
time of detention of the subject individual. If the subject individ-
ual is not detained under s. 51.15 or this section or is an inmate of 
a state prison, county jail or house of correction, the hearing shall 
be scheduled within 30 days of the hearing to determine probable 
cause for commitment. In the event that the subject individual 
fails to appear for the hearing to determine probable cause for 
commitment, the court may issue an order for the subject individ-
ual’s detention and shall hold the hearing to determine probable 
cause for commitment within 48 hours, exclusive of Saturdays, 
Sundays and legal holidays, from the time that the individual is 
detained.
(d) 1. If the court determines after hearing that there is prob-
able cause to believe that the subject individual is a fit subject for 
guardianship and protective placement or services, the court may, 
without further notice, appoint a temporary guardian for the sub-
ject individual and order temporary protective placement or ser-
vices under ch. 55 for a period not to exceed 30 days, and shall 
proceed as if petition had been made for guardianship and protec-
tive placement or services. If the court orders only temporary 
protective services for a subject individual under this paragraph, 
the individual shall be provided care only on an outpatient basis. 
The court may order the involuntary administration of psy-
chotropic medication as a temporary protective service under this 
paragraph if it finds that there is probable cause to believe that the 
allegations under s. 55.14 (3) (e) apply, that the individual is not 
competent to refuse psychotropic medication and that the medi-
cation ordered will have therapeutic value and will not unreason-
ably impair the ability of the individual to prepare for and partic-
ipate in subsequent legal proceedings. An individual is not com-
petent to refuse psychotropic medication if, because of serious 
and persistent mental illness, and after the advantages and disad-
vantages of and alternatives to accepting the particular psy-
chotropic medication have been explained to the individual, one 
of the following is true:
a. The individual is incapable of expressing an understanding 
of the advantages and disadvantages of accepting treatment and 
the alternatives.
b. The individual is substantially incapable of applying an 
understanding of the advantages, disadvantages and alternatives 
to his or her serious and persistent mental illness in order to make 
an informed choice as to whether to accept or refuse psychotropic 
medication.
2. A finding by the court that there is probable cause to be-
lieve that the subject individual meets the commitment standard 
under sub. (1) (a) 2. e. constitutes a finding that the individual is 
not competent to refuse medication or treatment under this 
paragraph.
(dm) The court shall proceed as if a petition were filed under 
s. 51.45 (13) if all of the following conditions are met:
1. The petitioner’s counsel notifies all other parties and the 
court, within a reasonable time prior to the hearing, of his or her 
intent to request that the court proceed as if a petition were filed 
under s. 51.45 (13).
2. The court determines at the hearing that there is probable 
cause to believe that the subject individual is a fit subject for treat-
ment under s. 51.45 (13).
(e) If the court determines that probable cause does not exist 
to believe the allegations, or to proceed under par. (d), the court 
shall dismiss the proceeding.
(8) DISPOSITION PENDING HEARING. (a) If it is shown that 
there is probable cause to believe the allegations under sub. (1), 
the court may release the subject individual pending the full hear-
ing and the individual has the right to receive treatment services, 
on a voluntary basis, from the county department under s. 51.42 
or 51.437, or from the department. The court may issue an order 
stating the conditions under which the subject individual may be 
released from detention pending the final hearing. If acceptance 
of treatment is made a condition of the release, the subject indi-
vidual may elect to accept the conditions or choose detention 
pending the hearing. The court order may state the action to be 
taken upon information of breach of the conditions. A final hear-
ing must be held within 30 days of the order, if the subject indi-
vidual is released. Any detention under this paragraph invokes 
time limitations specified in sub. (7) (c), beginning with the time 
of the detention. The right to receive treatment voluntarily or ac-
cept treatment as a condition of release under this paragraph does 
not apply to an individual for whom a probable cause finding has 
been made, under s. 51.61 (1) (g), that he or she is not competent 
to refuse medication, to the extent that the treatment includes 
medication.
(b) If the court finds the services provided under par. (a) are 
not available, suitable, or desirable based on the condition of the 
individual, it may issue a detention order and the subject individ-
ual may be detained pending the hearing as provided in sub. (7) 
(c). Detention may only be in a treatment facility approved by the 
department or the county department if the facility agrees to de-
tain the subject individual, or in a state treatment facility.
(bg) The subject individual, or the individual’s legal counsel 
with the individual’s consent, may waive the time periods under 
s. 51.10 or this section for the probable cause hearing or the final 
hearing, or both, for a period not to exceed 90 days from the date 
of the waiver, if the individual and the counsel designated under 
sub. (4) agree at any time after the commencement of the pro-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 24 51.20 MENTAL HEALTH ACT
ceedings that the individual shall obtain treatment under a settle-
ment agreement. The settlement agreement shall be in writing, 
shall be approved by the court and shall include a treatment plan 
that provides for treatment in the least restrictive manner consis-
tent with the needs of the subject individual. Either party may re-
quest the court to modify the treatment plan at any time during 
the 90-day period. The court shall designate the appropriate 
county department under s. 51.42 or 51.437 to monitor the indi-
vidual’s treatment under, and compliance with, the settlement 
agreement. If the individual fails to comply with the treatment 
according to the agreement, the designated county department 
shall notify the counsel designated under sub. (4) and the sub-
ject’s counsel of the individual’s noncompliance.
(bm) If, within 90 days from the date of the waiver under par. 
(bg), the subject individual fails to comply with the settlement 
agreement approved by the court under par. (bg), the counsel des-
ignated under sub. (4) may file with the court a statement of the 
facts which constitute the basis for the belief that the subject indi-
vidual is not in compliance. The statement shall be sworn to be 
true and may be based on the information and belief of the person 
filing the statement. Upon receipt of the statement of noncompli-
ance, the court may issue an order to detain the subject individual 
pending the final disposition. If the subject individual is detained 
under this paragraph, the court shall hold a probable cause hear-
ing within 72 hours from the time that the person is taken into 
custody under s. 51.15 for this paragraph, excluding Saturdays, 
Sundays and legal holidays or, if the probable cause hearing was 
held prior to the approval of the settlement agreement under par. 
(bg), the court shall hold a final hearing within 14 days from the 
time of detention. If a jury trial is requested later than 5 days af-
ter the time of detention under this paragraph, but not less than 48 
hours before the time of the final hearing, the final hearing shall 
be held within 21 days from the time of detention. The facts al-
leged as the basis for commitment prior to the waiver of the time 
periods for hearings under par. (bg) may be the basis for a finding 
of probable cause or a final disposition at a hearing under this 
paragraph.
(br) Upon the motion of the subject individual, the court shall 
hold a hearing on the issue of noncompliance with the settlement 
agreement within 72 hours from the time the motion for a hearing 
under this paragraph is filed with the court, excluding Saturdays, 
Sundays and legal holidays. The hearing under this paragraph 
may be held as part of the probable cause or final hearing if the 
probable cause or final hearing is held within 72 hours from the 
time the motion is filed with the court, excluding Saturdays, Sun-
days and legal holidays. At a hearing on the issue of noncompli-
ance with the agreement, the written statement of noncompliance 
submitted under par. (bm) shall be prima facie evidence that a vi-
olation of the conditions of the agreement has occurred. If the 
subject individual denies any of the facts as stated in the state-
ment, he or she has the burden of proving that the facts are false 
by a preponderance of the evidence.
(c) During detention a physician may order the administration 
of such medication or treatment as is permitted under s. 51.61 (1) 
(g) and (h). The subject individual may consent to treatment but 
only after he or she has been informed of his or her right to refuse 
treatment and has signed a written consent to such treatment, ex-
cept that an individual for whom, under s. 51.61 (1) (g), a proba-
ble cause finding has been made that he or she is not competent to 
refuse medication may not consent to medication under this para-
graph. A report of all treatment which is provided, along with 
any written consent, shall be filed with the court by the director 
of the treatment facility in which the subject individual is de-
tained, or his or her designee.
(9) EXAMINATION. (a) 1. If the court finds after the hearing 
that there is probable cause to believe the allegations under sub. 
(1), it shall appoint 2 licensed physicians specializing in psychia-
try, or one licensed physician and one licensed psychologist, or 2 
licensed physicians one of whom shall have specialized training 
in psychiatry, if available, or 2 physicians, to personally examine 
the subject individual. The examiners shall have the specialized 
knowledge determined by the court to be appropriate to the needs 
of the subject individual. The examiners may not be related to the 
subject individual by blood, marriage, or adoption and may not 
have any interest in his or her property.
2. One of the examiners appointed under subd. 1. may be se-
lected by the subject individual if the subject individual makes his 
or her selection known to the court within 24 hours after comple-
tion of the hearing to determine probable cause for commitment. 
The court may deny the subject individual’s selection if the exam-
iner does not meet the requirements of subd. 1. or the subject in-
dividual’s selection is not available.
3. If requested by the subject individual, the individual’s at-
torney, or any other interested party with court permission, the 
individual has a right at his or her own expense or, if indigent and 
with approval of the court hearing the petition, at the reasonable 
expense of the individual’s county of legal residence, to secure an 
additional medical or psychological examination and to offer the 
evaluator’s personal testimony as evidence at the hearing.
4. Prior to the examination, the subject individual shall be in-
formed that his or her statements can be used as a basis for com-
mitment, that he or she has the right to remain silent and that the 
examiner is required to make a report to the court even if the sub-
ject individual remains silent. The issuance of such a warning to 
the subject individual prior to each examination establishes a pre-
sumption that the individual understands that he or she need not 
speak to the examiner.
5. The examiners shall personally observe and examine the 
subject individual at any suitable place and satisfy themselves, if 
reasonably possible, as to the individual’s mental condition, and 
shall make independent reports to the court. The subject individ-
ual’s treatment records shall be available to the examiners. If the 
subject individual is not detained pending the hearing, the court 
shall designate the time and place where the examination is to be 
held and shall require the individual’s appearance. A written re-
port shall be made of all such examinations and filed with the 
court. The report and testimony, if any, by the examiners shall be 
based on beliefs to a reasonable degree of medical certainty, or 
professional certainty if an examiner is a psychologist, in regard 
to the existence of the conditions described in sub. (1), and the 
appropriateness of various treatment modalities or facilities. If 
the examiners are unable to make conclusions to a reasonable de-
gree of medical or professional certainty, the examiners shall so 
state in their report and testimony, if any.
(b) If the examiner determines that the subject individual is a 
proper subject for treatment, the examiner shall make a recom-
mendation concerning the appropriate level of treatment. Such 
recommendation shall include the level of inpatient facility which 
provides the least restrictive environment consistent with the 
needs of the individual, if any, and the name of the facility where 
the subject individual should be received into the mental health 
system. The court may, prior to disposition, order additional in-
formation concerning such recommended level of treatment to be 
provided by the staff of the appropriate county department under 
s. 51.42 or 51.437, or by the staff of a public treatment facility if 
the subject individual is detained there pending the final hearing.
(c) On motion of either party, all parties shall produce at a 
reasonable time and place designated by the court all physical ev-
idence which each party intends to introduce in evidence. There-
upon, any party shall be permitted to inspect, copy, or transcribe 
such physical evidence in the presence of a person designated by 
the court. The order shall specify the time, place and manner of 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.2025 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
making the inspection, copies, photographs, or transcriptions, 
and may prescribe such terms and conditions as are just. The 
court may, if the motion is made by the subject individual, delay 
the hearing for such period as may be necessary for completion of 
discovery.
(10) HEARING. (a) Within a reasonable time prior to the fi-
nal hearing, the petitioner’s counsel shall notify the subject indi-
vidual and his or her counsel of the time and place of final hear-
ing. The court may designate additional persons to receive notice 
of the time and place of the final hearing. Within a reasonable 
time prior to the final hearing, each party shall notify all other 
parties of all witnesses he or she intends to call at the hearing and 
of the substance of their proposed testimony. The provision of 
notice of potential witnesses shall not bar either party from pre-
senting a witness at the final hearing whose name was not in the 
notice unless the presentation of the witness without notice is 
prejudicial to the opposing party.
(b) Counsel for the person to be committed shall have access 
to all psychiatric and other reports 48 hours in advance of the fi-
nal hearing.
(c) The court shall hold a final hearing to determine if the al-
legations specified in sub. (1) are true. Except as otherwise pro-
vided in this chapter, the rules of evidence in civil actions and s. 
801.01 (2) apply to any judicial proceeding or hearing under this 
chapter. The court shall, in every stage of an action, disregard any 
error or defect in the pleadings or proceedings that does not affect 
the substantial rights of either party.
(cm) Prior to or at the final hearing, for individuals for whom 
a petition is filed under sub. (1) (a) 2. e., the county department 
under s. 51.42 or 51.437 shall furnish to the court and the subject 
individual an initial recommended written treatment plan that 
contains the goals of treatment, the type of treatment to be pro-
vided, and the expected providers. If the person has served in the 
U.S. armed forces or forces incorporated as part of the U.S. 
armed forces, the county department shall contact the U.S. de-
partment of veterans affairs to determine if the person is eligible 
for treatment at a U.S. department of veterans affairs facility. If 
the person is eligible for that treatment, the county department 
shall include that information in the treatment plan. The treat-
ment plan shall address the individual’s needs for inpatient care, 
residential services, community support services, medication and 
its monitoring, case management, and other services to enable the 
person to live in the community upon release from an inpatient 
facility. The treatment plan shall contain information concerning 
the availability of the needed services and community treatment 
providers’ acceptance of the individual into their programs. The 
treatment plan is only a recommendation and is not subject to ap-
proval or disapproval by the court. Failure to furnish a treatment 
plan under this paragraph does not constitute grounds for dis-
missal of the petition unless the failure is made in bad faith.
(d) In the event that the subject individual is not detained and 
fails to appear for the final hearing the court may issue an order 
for the subject individual’s detention and shall hold the final com-
mitment hearing within 7 days from the time of detention.
(e) At the request of the subject individual or his or her coun-
sel the final hearing under par. (c) may be postponed, but in no 
case may the postponement exceed 7 calendar days from the date 
established by the court under this subsection for the final 
hearing.
(11) JURY TRIAL. (a) If before involuntary commitment a 
jury is demanded by the individual against whom a petition has 
been filed under sub. (1) or by the individual’s counsel if the indi-
vidual does not object, the court shall direct that a jury of 6 peo-
ple be selected to determine if the allegations specified in sub. (1) 
(a) or (ar) are true. A jury trial is deemed waived unless de-
manded at least 48 hours in advance of the time set for final hear-
ing, if notice of that time has been previously provided to the sub-
ject individual or his or her counsel. If a jury trial demand is filed 
within 5 days of detention, the final hearing shall be held within 
14 days of detention. If a jury trial demand is filed later than 5 
days after detention, the final hearing shall be held within 14 days 
of the date of demand. If an inmate of a state prison, county jail 
or house of correction demands a jury trial within 5 days after the 
probable cause hearing, the final hearing shall be held within 28 
days of the probable cause hearing. If an inmate of a state prison, 
county jail or house of correction demands a jury trial later than 
5 days after the probable cause hearing, the final hearing shall be 
held within 28 days of the date of demand.
(b) No verdict shall be valid or received unless agreed to by at 
least 5 of the jurors.
(c) Motions after verdict may be made without further notice 
upon receipt of the verdict.
(12) OPEN HEARINGS; EXCEPTION. Every hearing which is 
held under this section shall be open, unless the subject individ-
ual or the individual’s attorney, acting with the individual’s con-
sent, moves that it be closed. If the hearing is closed, only per-
sons in interest, including representatives of providers of service 
and their attorneys and witnesses may be present. If the subject 
individual is a minor, every hearing shall be closed unless an 
open hearing is demanded by the minor through his or her 
counsel.
(13) DISPOSITION. (a) At the conclusion of the proceedings 
the court shall:
1. Dismiss the petition; or
2. If the subject individual is an adult, or is a minor aged 14 
years or more who is developmentally disabled, proceed under s. 
51.67 to determine whether the subject individual should receive 
protective placement or protective services; or
3. If the individual is not an inmate of a state prison, county 
jail or house of correction and the allegations specified in sub. (1) 
(a) are proven, order commitment to the care and custody of the 
appropriate county department under s. 51.42 or 51.437, or if in-
patient care is not required order commitment to outpatient treat-
ment under care of such county department; or
4. If the individual is an inmate of a state prison and the alle-
gations under sub. (1) (a) or (ar) are proven, order commitment to 
the department and either authorize the transfer of the inmate to a 
state treatment facility or if inpatient care is not needed authorize 
treatment on an outpatient basis in the prison; or
4m. If the individual is an inmate of a county jail or house of 
correction and the allegations under sub. (1) (a) are proven, order 
commitment to the county department under s. 51.42 or 51.437 
serving the inmate’s county of residence or, if the inmate is a non-
resident, order commitment to the department. The order shall 
either authorize the transfer of the inmate to a state or county 
treatment facility or, if inpatient care is not needed, authorize 
treatment on an outpatient basis in the jail or house of correction; 
or
5. If the allegations specified in sub. (1) (a) are proven and 
the subject individual is a nonresident, order commitment to the 
department.
(b) If the petition has been dismissed under par. (a), the sub-
ject individual may agree to remain in any facility in which he or 
she was detained pending the hearing for the period of time nec-
essary for alternative plans to be made for his or her care.
(c) If disposition is made under par. (a) 3., all of the following 
apply:
1. The court shall designate the facility or service that is to 
receive the subject individual into the mental health system, sub-
ject to s. 51.06 (3).
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 26 51.20 MENTAL HEALTH ACT
2. The county department under s. 51.42 or 51.437 shall ar-
range for treatment in the least restrictive manner consistent with 
the requirements of the subject individual in accordance with a 
court order designating the maximum level of inpatient facility, if 
any, that may be used for treatment, subject to s. 51.06 (3).
3. The county department under s. 51.42 or 51.437 shall re-
port to the court as to the initial plan of treatment for the subject 
individual.
(cm) If disposition is made under par. (a) 4. or 4m. and the in-
mate is transferred to a state or county treatment facility, the de-
partment or, in the case of a disposition under par. (a) 4m., the 
county department under s. 51.42 or 51.437 may, after evaluating 
the inmate and developing an appropriate treatment plan, transfer 
the inmate back to the prison, county jail or house of correction 
on a conditional basis. The inmate shall be informed of the terms 
and conditions of the transfer as provided in s. 51.35 (1) (a). If 
the inmate does not cooperate with the treatment or if the inmate 
is in need of additional inpatient treatment, the department or the 
county department under s. 51.42 or 51.437 may return the in-
mate to a state or county treatment facility.
(cr) If the subject individual is before the court on a petition 
filed under a court order under s. 938.30 (5) (c) 1. and is found to 
have committed a violation that would be a felony if committed 
by an adult in this state or a violation of s. 940.225 (3m), 941.20 
(1), 944.20, 944.30 (1m), 944.31 (1), 944.33, 946.52, or 948.10 
(1) (b), the court shall require the individual to provide a biologi-
cal specimen to the state crime laboratories for deoxyribonucleic 
acid analysis. The court shall inform the individual that he or she 
may request expungement under s. 165.77 (4).
(ct) 1m. a. Except as provided in subd. 2m., if the subject in-
dividual is before the court on a petition filed under a court order 
under s. 938.30 (5) (c) 1. and is found to have committed any vio-
lation, or to have solicited, conspired, or attempted to commit any 
violation, of ch. 940, 944, or 948, s. 942.08, 942.09, or 942.095, 
or ss. 943.01 to 943.15, the court may require the subject individ-
ual to comply with the reporting requirements under s. 301.45 if 
the court determines that the underlying conduct was sexually 
motivated, as defined in s. 980.01 (5), and that it would be in the 
interest of public protection to have the subject individual report 
under s. 301.45.
b. If a court under subd. 1m. a. orders a person to comply 
with the reporting requirements under s. 301.45 in connection 
with the commission of a violation, or the solicitation, conspir-
acy, or attempt to commit a violation, of s. 942.09 or 942.095, the 
court may provide that the person be released from the require-
ment to comply with the reporting requirements under s. 301.45 
upon satisfying conditions specified by the court. If the person 
satisfies the conditions, the court shall notify the department of 
corrections that the person has satisfied the conditions.
2m. If the subject individual is before the court on a petition 
filed under a court order under s. 938.30 (5) (c) 1. and is found to 
have committed a violation, or to have solicited, conspired, or at-
tempted to commit a violation, of s. 940.22 (2), 940.225 (1), (2), 
or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.051, 
948.055, 948.06, 948.07, 948.072, 948.075, 948.08, 948.085, 
948.095, 948.11 (2) (a) or (am), 948.12, 948.125, 948.13, or 
948.30, of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies, or of s. 
940.30 or 940.31 if the victim was a minor and the subject indi-
vidual was not the victim’s parent, the court shall require the indi-
vidual to comply with the reporting requirements under s. 301.45 
unless the court determines, after a hearing on a motion made by 
the individual, that the individual is not required to comply under 
s. 301.45 (1m).
3. In determining under subd. 1m. a. whether it would be in 
the interest of public protection to have the subject individual re-
port under s. 301.45, the court may consider any of the following:
a. The ages, at the time of the violation, of the subject indi-
vidual and the victim of the violation.
b. The relationship between the subject individual and the 
victim of the violation.
c. Whether the violation resulted in bodily harm, as defined 
in s. 939.22 (4), to the victim.
d. Whether the victim suffered from a mental illness or men-
tal deficiency that rendered him or her temporarily or perma-
nently incapable of understanding or evaluating the consequences 
of his or her actions.
e. The probability that the subject individual will commit 
other violations in the future.
g. Any other factor that the court determines may be relevant 
to the particular case.
4. If the court orders a subject individual to comply with the 
reporting requirements under s. 301.45, the court may order the 
subject individual to continue to comply with the reporting re-
quirements until his or her death.
5. If the court orders a subject individual to comply with the 
reporting requirements under s. 301.45, the clerk of the court in 
which the order is entered shall promptly forward a copy of the 
order to the department of corrections. If the finding under s. 
938.30 (5) (c) (intro.) on which the order is based is reversed, set 
aside or vacated, the clerk of the court shall promptly forward to 
the department of corrections a certificate stating that the finding 
has been reversed, set aside or vacated.
(cv) 1. If the court makes the disposition under par. (a) 3., 4., 
4m., or 5., the court shall order the individual not to possess a 
firearm, order the seizure of any firearm owned by the individual, 
and inform the individual of the requirements and penalties under 
s. 941.29 if the court determines that the individual is prohibited, 
under 18 USC 922 (g) (4), from possessing a firearm.
1m. a. If a court orders an individual under subd. 1., or or-
dered an individual under s. 51.20 (13) (cv) 1., 2007 stats., not to 
possess a firearm, the individual may petition that court or the 
court in the county where the individual resides to cancel the 
order.
b. The court considering the petition under subd. 1m. a. shall 
grant the petition if the court determines that the circumstances 
regarding the disposition under par. (a) 3., 4., 4m., or 5. and the 
individual’s record and reputation indicate that the individual is 
not likely to act in a manner dangerous to public safety and that 
the granting of the petition would not be contrary to public 
interest.
c. If the court grants the petition under subd. 1m. b., the 
court shall cancel the order under subd. 1., or the order under s. 
51.20 (13) (cv) 1., 2007 stats., whichever is appropriate, and or-
der the return of any firearm ordered seized under subd. 1. or s. 
51.20 (13) (cv) 1., 2007 stats.
3. In lieu of ordering the seizure under subd. 1., the court 
may designate a person to store the firearm until the order has 
been canceled under subd. 1m. c.
4. If the court orders a subject individual not to possess a 
firearm under subd. 1. or cancels under subd. 1m. c. an order is-
sued under subd. 1. or under s. 51.20 (13) (cv) 1., 2007 stats., the 
court clerk shall notify the department of justice of that fact and 
provide any information identifying the subject individual that is 
necessary to permit an accurate firearms restrictions record 
search under s. 175.35 (2g) (c) , a background check under s. 
175.60 (9g) (a) , or an accurate response under s. 165.63. No 
other information from the subject individual’s court records may 
be disclosed to the department of justice except by order of the 
court. The department of justice may disclose information pro-
vided under this subdivision only to respond to a request under s. 
165.63, as part of a firearms restrictions record search under s. 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.2027 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
175.35 (2g) (c) , under rules the department of justice promul-
gates under s. 175.35 (2g) (d), or as part of a background check 
under s. 175.60 (9g) (a).
(d) A disposition under par. (a) 3., 4., 4m. or 5. may be modi-
fied as provided in s. 51.35.
(dm) If the court finds that the dangerousness of the subject 
individual is likely to be controlled with appropriate medication 
administered on an outpatient basis, the court may direct in its or-
der of commitment that the county department under s. 51.42 or 
51.437 or the department may, after a facility evaluates the sub-
ject individual and develops an appropriate treatment plan, re-
lease the individual on a conditional transfer in accordance with 
s. 51.35 (1), with one of the conditions being that the individual 
shall take medication as prescribed by a physician, subject to the 
individual’s right to refuse medication under s. 51.61 (1) (g) and 
(h), and that the individual shall report to a particular treatment 
facility on an outpatient basis for evaluation as often as required 
by the director of the facility or the director’s designee. A finding 
by the court that the allegations under sub. (1) (a) 2. e. are proven 
constitutes a finding that the individual is not competent to refuse 
medication or treatment. The court order may direct that, if the 
director or his or her designee determines that the individual has 
failed to take the medication as prescribed or has failed to report 
for evaluation as directed, the director or designee may request 
that the individual be taken into custody by a law enforcement 
agency in accordance with s. 51.39, and that medication, as pre-
scribed by the physician, may be administered voluntarily or 
against the will of the individual under s. 51.61 (1) (g) and (h). A 
court order under this paragraph is effective only as long as the 
commitment is in effect in accordance with par. (h) and s. 51.35 
(4).
(e) The petitioner has the burden of proving all required facts 
by clear and convincing evidence.
(f) The county department under s. 51.42 or 51.437 that re-
ceives an individual who is committed by a court under par. (a) 3. 
is authorized to place the individual in an approved treatment fa-
cility, subject to any limitations which are specified by the court 
under par. (c) 2. The county department shall place the subject 
individual in the treatment program and treatment facility that is 
least restrictive of the individual’s personal liberty, consistent 
with the treatment requirements of the individual. The county 
department has ongoing responsibility to review the individual’s 
needs, in accordance with sub. (17), and to transfer the person to 
the least restrictive program consistent with the individual’s 
needs. Placement or transfer under this paragraph is subject to s. 
51.06 (3).
(g) 1. The first order of commitment of a subject individual 
under this section may be for a period not to exceed 6 months, 
and all subsequent consecutive orders of commitment of the indi-
vidual may be for a period not to exceed one year.
2d. a. Except as provided in subd. 2d. b., after the 30th day 
after an order of commitment under par. (a) 3. to 5. following 
proof of the allegations under sub. (1) (a) 2. e., the subject indi-
vidual may, under the order, be treated only on an outpatient 
basis.
b. If a subject individual who is committed under par. (a) 3. 
to 5., following proof of the allegations under sub. (1) (a) 2. e. , 
and who is being treated on an outpatient basis violates a condi-
tion of treatment that is established by the court or a county de-
partment under s. 51.42, the county department or the depart-
ment may transfer the subject individual under s. 51.35 (1) (e) to 
an inpatient facility or to an inpatient treatment program of a 
treatment facility for a period not to exceed 30 days.
2r. Twenty-one days prior to expiration of the period of com-
mitment under subd. 1., the department, if the individual is com-
mitted to the department, or the county department to which an 
individual is committed shall file an evaluation of the individual 
and the recommendation of the department or county department 
regarding the individual’s recommitment with the committing 
court and provide a copy of the evaluation and recommendation 
to the individual’s counsel and the counsel designated under sub. 
(4). If the date for filing an evaluation and recommendation un-
der this subdivision falls on a Saturday, Sunday or legal holiday, 
the date which is not a Saturday, Sunday or legal holiday and 
which most closely precedes the evaluation and recommendation 
filing date shall be the filing date. A failure of the department or 
the county department to which an individual is committed to file 
an evaluation and recommendation under this subdivision does 
not affect the jurisdiction of the court over a petition for 
recommitment.
3. The county department under s. 51.42 or 51.437 to whom 
the individual is committed under par. (a) 3. may discharge the 
individual at any time, and shall place a committed individual in 
accordance with par. (f). Upon application for extension of a 
commitment by the department or the county department having 
custody of the subject, the court shall proceed under subs. (10) to 
(13). If the court determines that the individual is a proper sub-
ject for commitment as prescribed in sub. (1) (a) 1. and evidences 
the conditions under sub. (1) (a) 2. or (am) or is a proper subject 
for commitment as prescribed in sub. (1) (ar), it shall order judg-
ment to that effect and continue the commitment. The burden of 
proof is upon the county department or other person seeking 
commitment to establish evidence that the subject individual is in 
need of continued commitment.
(h) Any disposition of a minor under this subsection may ex-
tend beyond the age of majority of the individual, if the disposi-
tion is otherwise made in accordance with this section.
(14) TRANSPORTATION; EXPENSES. The sheriff or any law 
enforcement officer shall transport an individual who is the sub-
ject of a petition and execute the commitment, or any competent 
relative, friend or member of the staff of a treatment facility may 
assume responsibility for the individual and transport him or her 
to the inpatient facility. The director of the county department 
under s. 51.42 or 51.437 may request the sheriff to provide trans-
portation for a subject individual or may arrange any other 
method of transportation which is feasible. The county depart-
ment may provide reimbursement for the transportation costs 
from its budgeted operating funds.
(15) APPEAL. An appeal may be taken to the court of appeals 
within the time period specified in s. 808.04 (3) in accordance 
with s. 809.30 by the subject of the petition or the individual’s 
guardian, by any petitioner, or by the representative of the public.
(16) REEXAMINATION OF PATIENTS. (a) Except in the case of 
commitments under s. 51.45 (13), any patient who is involuntar-
ily committed for treatment under this chapter may on the pa-
tient’s own verified petition except in the case of a minor who is 
under 14 years of age or on the verified petition of the patient’s 
guardian, relative, friend, or any person providing treatment un-
der the order of commitment request a reexamination or request 
the court to modify or cancel an order of commitment.
(b) A petition under this subsection may be filed with the 
court assigned to exercise jurisdiction over probate matters, either 
for the county from which the patient is committed or for the 
county in which the patient is detained.
(c) If a hearing has been held with respect to the subject indi-
vidual’s commitment within 30 days of the filing of a petition un-
der this subsection, no hearing shall be held. If such a hearing has 
not been held within 30 days of the filing of a petition, but has 
been held within 120 days of the filing, the court shall within 24 
hours of the filing order an examination to be completed within 7 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 28 51.20 MENTAL HEALTH ACT
days by the appropriate county department under s. 51.42 or 
51.437. A hearing may then be held in the court’s discretion. If 
such a hearing has not been held within 120 days of the filing, a 
hearing shall be held on the petition within 30 days of receipt.
(d) Reexaminations under this subsection are subject to the 
standards prescribed in sub. (13) (g).
(e) If the court determines or is required to hold a hearing, it 
shall thereupon proceed in accordance with sub. (9) (a). For the 
purposes of the examination and observation, the court may order 
the patient confined in any place designated in s. 51.15 (2) (d).
(f) If a patient is involuntarily committed and placed in a hos-
pital, a notice of the appointment of the examining physicians and 
copies of their reports shall be furnished to such hospital by the 
court.
(g) Upon the filing of the examiners’ reports the court shall 
fix a time and place of hearing and cause reasonable notice to be 
given to the petitioner, the treatment facility, the patient’s legal 
counsel and the guardian of the patient, if any, and may notify any 
known relative of the patient. Subsections (10) to (13) shall gov-
ern the procedure to be used in the conduct of the hearing, insofar 
as applicable. The privileges provided in ss. 905.03 and 905.04 
shall apply to reexamination hearings.
(h) All persons who render services in such proceedings shall 
receive compensation as provided in sub. (18) and all expenses of 
such proceedings shall be paid and adjusted as provided in sub. 
(18).
(i) Subsequent reexaminations may be had at any time in the 
discretion of the court but may be compelled after 120 days of the 
preceding examination in accordance with this subsection. All 
petitions for reexamination must be heard within 30 days of their 
receipt by the court.
(j) This subsection applies to petitions for reexamination that 
are filed under ch. 971, but not s. 971.17, and ch. 975, except that 
the petitions shall be filed with the committing court.
(k) Any order of a county department under s. 51.42 or 
51.437 is subject to review by the court assigned to exercise pro-
bate jurisdiction upon petition under this subsection.
(L) The pendency of an appeal in either the court of appeals 
or the supreme court does not deprive the circuit court of jurisdic-
tion to conduct reexamination proceedings under this section 
with respect to the individual who is the subject of the appeal.
(17) RIGHT TO REEVALUATION. With the exception of com-
mitments under s. 51.45 (13), every patient committed involun-
tarily to a board under this chapter shall be reevaluated by the 
treatment staff or visiting physician within 30 days after the com-
mitment, and within 3 months after the initial reevaluation, and 
again thereafter at least once each 6 months for the purpose of de-
termining whether such patient has made sufficient progress to be 
entitled to transfer to a less restrictive facility or discharge. The 
findings of such reevaluation shall be written and placed with the 
patient’s treatment record, and a copy shall be sent to the board 
that has responsibility for the patient and to the committing court.
(18) FEES OF EXAMINERS, WITNESSES; EXPENSES OF PRO-
CEEDINGS. (a) Unless previously fixed by the county board of su-
pervisors or the Milwaukee County mental health board in the 
county in which the examination is held, the examiners shall re-
ceive a fee as fixed by the court for participation in commitment 
proceedings, and reasonable reimbursement for travel expenses.
(b) Witnesses subpoenaed before the court shall be entitled to 
the same fees as witnesses subpoenaed before the court in other 
cases.
(c) Expenses of the proceedings from the presentation of the 
statement of emergency detention or petition for commitment to 
the conclusion of the proceeding shall be allowed by the court 
and paid by the county from which the subject individual is de-
tained, committed, or released, in the manner that the expenses of 
a criminal prosecution are paid, as provided in s. 59.64 (1).
(d) If the subject individual has a legal residence in a county 
other than the county from which he or she is detained, commit-
ted or discharged, that county shall reimburse the county from 
which the individual was detained, committed or discharged for 
all expenses under pars. (a) to (c). The county clerk on each July 
1 shall submit evidences of payments of all such proceedings on 
nonresident payments to the department, which shall certify such 
expenses for reimbursement in the form of giving credits to the 
detaining, committing or discharging county and assessing such 
costs against the county of legal residence or against the state at 
the time of the next apportionment of charges and credits under s. 
70.60.
(19) DEPARTMENTAL DUTIES. (a) Prior to filing a petition 
for commitment of an inmate under sub. (1) (ar) the department 
shall:
1. Attempt to use less restrictive forms of treatment with the 
individual. Less restrictive forms of treatment shall include, but 
are not limited to, voluntary treatment within the prison or volun-
tary transfer to a state treatment facility, including an admission 
which meets the requirements of s. 51.10 (4m).
2. Ensure that the individual has been fully informed about 
his or her treatment needs, the mental health services available to 
him or her and his or her rights under this chapter and that the in-
dividual has had an opportunity to discuss his or her needs, the 
services available to him or her and his or her rights with a li-
censed physician or a licensed psychologist.
(b) The department shall promulgate rules:
1. Establishing standards for the use of psychotropic drugs 
on prisoners in a state prison and inmates committed under sub. 
(1) (ar).
1m. Establishing standards and procedures for use of and pe-
riodic review of the use of psychotropic drugs on inmates in a 
county jail or house of correction who are being treated in the jail 
or house of correction under a commitment based on a petition 
under sub. (1) (a).
2. Providing for the periodic review and evaluation of the ap-
propriateness of and the need for the use of psychotropic drugs 
on, and the need for the continuation of treatment for, each in-
mate committed under sub. (1) (ar).
3. Needed to carry out its duties under par. (a).
History: 1975 c. 430; 1977 c. 26, 29; 1977 c. 187 ss. 42, 43, 134, 135; 1977 c. 
428 ss. 29 to 65, 115; 1977 c. 447, 449; Sup. Ct. Order, 83 Wis. 2d xiii (1978); 1979 
c. 32, 89; Sup. Ct. Order, eff. 1-1-80; 1979 c. 110 s. 60 (1); 1979 c. 175 s. 53; 1979 
c. 300, 336, 356; 1981 c. 20, 367; 1981 c. 390 s. 252; 1983 a. 27, 219; 1983 a. 474 
ss. 2 to 9m, 14; 1985 a. 29 ss. 1067 to 1071, 3200 (56), 3202 (56); 1985 a. 139, 176, 
321, 332; 1987 a. 27; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 366, 394, 403; 
1989 a. 31, 334; 1993 a. 98, 196, 227, 316, 451, 474; 1995 a. 77, 201, 268, 292, 440; 
Sup. Ct. Order No. 96-08, 207 Wis. 2d xv (1997); 1997 a. 35, 130, 237, 283; 1999 a. 
83, 89, 162; 2001 a. 16 ss. 1966i to 1966n, 4034ze to 4034zh; 2001 a. 38, 61, 109; 
2003 a. 33, 50, 326; 2005 a. 22, 264, 277, 387; 2007 a. 20, 45, 116; 2009 a. 137, 258, 
260; 2013 a. 20 , 158, 203, 223, 340, 362; 2015 a. 195 ; 2017 a. 34 , 59, 131, 140; 
2023 a. 224; 2025 a. 48, 88; s. 35.17 correction in (13) (ct) 1m. a.
Cross-reference: See also s. DOC 314.01, Wis. adm. code.
NOTE: 1987 Wis. Act 366, which amended this section, contains notes by the 
Legislative Council following many of the statutes affected.
NOTE: 1987 Wis. Act 394, which affected this section, contains a prefatory 
note and notes following the sections.
Judicial Council Committee’s Note, 1981: The final sentence of sub. (1) (am) 
allows the court to consider the subject individual’s conduct during or subsequent to 
the crime as “recent” for purposes of involuntary civil commitment under this sec-
tion, if the individual is proceeded against during, or immediately upon discharge 
from, a commitment for examination or treatment for incompetency to proceed as a 
criminal defendant. The relevancy of evidence of the individual’s conduct prior to 
the crime is to be determined by the court. The revised statute requires the subject 
individual’s dangerousness to be evidenced by acts, attempts, threats, omissions or 
behavior referred to in sub. (1) (a) 2. Prior law allowed commitment of such an indi-
vidual upon a showing that there was a substantial likelihood, based on the treatment 
record, that he or she would be a proper subject for commitment if treatment were 
withdrawn. [Bill 765-A]
Judicial Council Note, 1988: The amendment to sub. (2) allows notice of hear-
ings to be given by telephone. The time at which such notice is given and the person 
to whom it is given must be noted in the case file. [Re Order effective Jan. 1, 1988]
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.2029 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
Appointed counsel has the same function, duties, and responsibilities as an attor-
ney retained by the person involved as that person’s attorney. The duties include 
preserving the confidences and secrets of a client, exercising independent profes-
sional judgment on behalf of the client, representing the client competently, and rep-
resenting the client zealously within the bounds of the law. State ex rel. Memmel v. 
Mundy, 75 Wis. 2d 276, 249 N.W.2d 573 (1977).
The due process standard for hearings under this section is more flexible than the 
standard for criminal proceedings. Milwaukee County v. Parham, 95 Wis. 2d 21 , 
289 N.W.2d 326 (Ct. App. 1979).
The 14-day time limit in sub. (7) (c) is mandatory and refers to calendar days, not 
business days. State ex rel. Lockman v. Gerhardstein, 107 Wis. 2d 325, 320 N.W.2d 
27 (Ct. App. 1982).
Criminal and civil commitments are not substantially the same. State v. Smith, 
113 Wis. 2d 497, 335 N.W.2d 376 (1983).
A person may be a proper subject for treatment even though a cure is unlikely. 
C.J. v. State, 120 Wis. 2d 355, 354 N.W.2d 219 (Ct. App. 1984).
The 45-day limit in sub. (13) (g) 2. applies only to an original commitment order 
and does not bar subsequent extensions of the order. M.J. v. Milwaukee County 
Combined Community Services Board, 122 Wis. 2d 525, 362 N.W.2d 190 (Ct. App. 
1984).
The use of telephone testimony by physicians did not a violate the petitioner’s due 
process rights. W.J.C. v. County of Vilas, 124 Wis. 2d 238 , 369 N.W.2d 162 (Ct. 
App. 1985).
Hearings under sub. (12) are open unless the court grants the subject individual’s 
motion for closure. State ex rel. Wisconsin State Journal v. Circuit Court, 131 Wis. 
2d 515, 389 N.W.2d 73 (Ct. App. 1986).
An individual’s counsel may not withdraw a jury demand without the individual’s 
consent. S.B. v. Racine County, 138 Wis. 2d 409, 406 N.W.2d 408 (1987).
Sub. (13) (c) 2. does not permit the committing court to specify a treatment 
method in addition to the facility. J.R.R. v. State, 145 Wis. 2d 431, 427 N.W.2d 137 
(Ct. App. 1988).
“Others” is a general pronoun used in sub. (1) (a) 2. b.; the word identifies that 
great mass of humankind exclusive of the subject individual to be examined. The 
prepositional phrase “to them” refers back to and exactly echoes its antecedent, 
“others.” Hence, the clauses are concerned with danger to everyone but the subject 
“himself or herself.” A showing can be made that others are placed in a fearsome 
position by a disturbed person’s actions even if the person placed in that position has 
no subjective awareness of it. R.J. v. Winnebago County, 146 Wis. 2d 516 , 431 
N.W.2d 708 (Ct. App. 1988).
Under sub. (13) (g) 3., an individual has a right to a jury trial in proceedings to ex-
tend a commitment. G.O.T. v. Rock County, 151 Wis. 2d 629, 445 N.W.2d 697 (Ct. 
App. 1989).
There is a bright-line rule prohibiting a circuit court from accepting petitions 
drafted by persons not authorized to do so under sub. (4). State v. S.P.B., 159 Wis. 
2d 393, 464 N.W.2d 102 (Ct. App. 1990).
Services of appointed counsel for non-indigent individuals in civil commitment 
hearings should be paid for by the county. State ex rel. Chiarkas v. Skow, 160 Wis. 
2d 123, 465 N.W.2d 625 (1991).
The assurance of representation by adversary counsel under sub. (3) does not pre-
clude self-representation when a waiver of counsel is knowingly and competently 
made. S.Y. v. Eau Claire County, 162 Wis. 2d 320, 469 N.W.2d 836 (1991).
The sub. (16) (c) provision for a hearing on a petition within 30 days of filing is 
directory, and violation is not grounds for release. State v. R.R.E., 162 Wis. 2d 698, 
470 N.W.2d 283 (1991).
When a recommitment hearing under sub. (13) (g) 3. is before the same judge 
who conducted the original commitment proceeding, a request for substitution un-
der s. 801.58 is not allowed. State ex rel. Serocki v. Circuit Court, 163 Wis. 2d 152, 
471 N.W.2d 49 (1991).
Sub. (15) does not authorize the appeal of a court commissioner’s order to the 
court of appeals; proper review is a new hearing by the circuit court. Dane County 
v. C.M.B., 165 Wis. 2d 703, 478 N.W.2d 385 (1992).
Involuntary commitment may not be ordered on summary judgment. Shirley J.C. 
v. Walworth County, 172 Wis. 2d 371, 493 N.W.2d 382 (Ct. App. 1992).
A probable cause determination made by a court commissioner under sub. (7) 
may be reviewed by the circuit court, but nothing gives the subject a right to review. 
Discussing factors to consider in deciding whether to grant review. Milwaukee 
County v. Louise M., 205 Wis. 2d 162, 555 N.W.2d 807 (1996), 95-0291.
The 14-day deadline under sub. (7) (c) is subject to reasonable extension when 
the need for the extension is caused solely by the conduct and manipulation of the 
detained subject. County of Milwaukee v. Edward S., 2001 WI App 169, 247 Wis. 
2d 87, 633 N.W.2d 241, 00-1003.
By expressing the time requirement in sub. (7) (a) in terms of hours rather than 
days, the legislature manifested its intent that the clock start running immediately 
“after the individual arrives at the facility,” rather than the next day. The “exclude-
the-first-day” rule of s. 990.001 (4) (a) and (d) does not apply in the context of this 
section under which 72 hours means 72 hours. Dodge County v. Ryan E.M., 2002 
WI App 71, 252 Wis. 2d 490, 642 N.W.2d 592, 01-1175.
Sub. (1) (a) 2. e. is constitutional. It does not: 1) allow involuntary commitment 
upon a finding of mental illness alone and contains an ascertainable standard of 
commitment, and thus is not vague or overbroad; 2) create a class of persons who 
can be involuntarily committed upon a finding of mere mental or emotional harm, 
and thus does not violate equal protection; and 3) violate substantive due process be-
cause the constitution does not require proof of imminent physical harm prior to 
commitment for treatment. State v. Dennis H., 2002 WI 104, 255 Wis. 2d 359, 647 
N.W.2d 851, 01-0374.
Sub. (1) (a) 2. e. may be used to involuntarily commit persons with dual diag-
noses of mental illness and either drug dependency or developmental disability. The 
plain meaning of “these services” in sub. (1) (a) 2. e. includes medication. The ch. 
55 exclusion in sub. (1) (a) 2. e. includes an individual who is already subject to an 
order for protective placement or services, if there is another placement or addi-
tional services available under ch. 55 that would be effective in reducing the proba-
bility of the requisite harm to less than a substantial probability. This exclusion may 
apply to an individual who is not yet subject to a ch. 55 order but who is eligible for 
one. Involuntary administration of medication under s. 55.14 may be one of the ad-
ditional services that would satisfy this exclusion, if the guardian consents and de-
pending on the individual’s circumstances. Dane County v. Kelly M., 2011 WI App 
69, 333 Wis. 2d 719, 798 N.W.2d 697, 10-1486.
Rehabilitation is a necessary element of treatment under this chapter. Because 
there are no techniques that can be employed to bring about rehabilitation from 
Alzheimer’s disease, an individual with the disease cannot be rehabilitated. Accord-
ingly, an Alzheimer’s patient is not a proper subject for treatment under this chapter. 
Fond du Lac County v. Helen E.F., 2011 WI App 72, 333 Wis. 2d 740, 798 N.W.2d 
707, 10-2061.
Affirmed. 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.
The availability of a non-unanimous six-person jury in a commitment trial under 
this section does not violate equal protection. Ch. 980 committees are subject to in-
creased liberty restraints when compared to ch. 51 committees. The legislative deci-
sion to allow the added protection of a 12-person unanimous jury in ch. 980 com-
mitment trials, but not in commitment trials under this chapter, is rationally related 
to different treatment needs and differing levels of dangerousness that this section 
and ch. 980 seek to address, as well as stricter rules concerning confinement in ch. 
980. Milwaukee County v. Mary F.-R., 2013 WI 92, 351 Wis. 2d 273, 839 N.W.2d 
581, 12-0958.
An articulated plan is not a necessary component of a suicide threat under sub. (1) 
(a) 2. a. Outagamie County v. Michael H., 2014 WI 127 , 359 Wis. 2d 272 , 856 
N.W.2d 603, 13-1638.
The state has a compelling interest in providing care and assistance to those who 
suffer from mental disorders. The state’s interest in caring for and assisting individ-
uals who suffer from mental illness is particularly strong in the context of a prison 
because an inmate must rely on prison authorities to treat the inmate’s medical 
needs; if the authorities fail to do so, those needs will not be met. Sub. (1) (ar) is fa-
cially constitutional because it is reasonably related to the state’s legitimate interest 
in providing care and assistance to inmates suffering from mental illness. Win-
nebago County v. Christopher S., 2016 WI 1, 366 Wis. 2d 1, 878 N.W.2d 109, 14-
1048.
“Treatment” in the context of a “proper subject of treatment” within the meaning 
of sub. (1) carries a specialized meaning. As set forth in s. 51.01 (17), “treatment” 
comprises “those psychological, educational, social, chemical, medical or somatic 
techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug 
dependent or developmentally disabled person.” Waukesha County v. J.W.J., 2017 
WI 57, 375 Wis. 2d 542, 895 N.W.2d 783, 16-0046.
“Rehabilitation,” as used in s. 51.01 (17), addresses the control of symptoms. It 
comprises treatment going beyond custodial care to affect the disease and symp-
toms. But rehabilitation is not synonymous with cure. A symptom is an expression 
of the disorder at work within the patient. Rehabilitation refers to improving the pa-
tient’s condition through ameliorating endogenous factors such as symptoms and be-
haviors. If a treatment controls symptoms to such a degree that withdrawing it 
would subject the patient to a more restrictive treatment alternative, then the treat-
ment controls enough symptoms to establish the patient has rehabilitative potential. 
Waukesha County v. J.W.J., 2017 WI 57 , 375 Wis. 2d 542 , 895 N.W.2d 783, 16-
0046.
The grant of a statutory right to counsel under sub. (3) is a grant of a right to effec-
tive assistance of counsel. The applicable standard for evaluating a claim of ineffec-
tive assistance of counsel is the two-prong standard announced in Strickland, 466 
U.S. 668 (1984). A movant must demonstrate that: 1) counsel’s performance is de-
ficient; and 2) the movant is prejudiced by counsel’s deficient performance. Win-
nebago County v. J.M., 2018 WI 37, 381 Wis. 2d 28, 911 N.W.2d 41, 16-0619.
A county comports with due process when confining a mentally ill person if the 
county shows by clear and convincing evidence that the individual is mentally ill and 
dangerous. Each extension hearing requires the county to prove the same elements 
with the same quantum of proof required for the initial commitment, including proof 
of current dangerousness. The alternate avenue of showing dangerousness under 
sub. (1) (am) does not change the elements or quantum or proof required. It merely 
acknowledges that an individual may still be dangerous despite the absence of recent 
acts, omissions, or behaviors exhibiting dangerousness outlined in sub. (1) (a) 2. a. 
to e. Portage County v. J.W.K., 2019 WI 54, 386 Wis. 2d 672, 927 N.W.2d 509, 17-
1574. See also Waupaca County v. K.E.K., 2021 WI 9 , 395 Wis. 2d 460 , 954 
N.W.2d 366, 18-1887.
For the purposes of personal jurisdiction, an extension hearing is a continuation 
of the original commitment proceeding and previous recommitment hearings. 
Waukesha County v. S.L.L., 2019 WI 66 , 387 Wis. 2d 333 , 929 N.W.2d 140, 17-
1468. But see Waukesha County v. M.A.C., 2024 WI 30 , 412 Wis. 2d 462 , 8 
N.W.3d 365, 23-0533.
The petition and notice requirements of subs. (1) and (2) do not apply to an exten-
sion petition. Procedures governing commitment extensions are located in subs. 
(10) to (13). Waukesha County v. S.L.L., 2019 WI 66 , 387 Wis. 2d 333 , 929 
N.W.2d 140, 17-1468.
In a civil commitment case, due process requires the petitioner to prove by clear 
and convincing evidence that the individual is both mentally ill and dangerous. 
Marathon County v. D.K., 2020 WI 8, 390 Wis. 2d 50, 937 N.W.2d 901, 17-2217.
Circuit courts in recommitment proceedings are to make specific factual findings 
with reference to the subdivision paragraph of sub. (1) (a) 2. on which the recommit-
ment is based. Langlade County v. D.J.W., 2020 WI 41 , 391 Wis. 2d 231 , 942 
N.W.2d 277, 18-0145. See also Sheboygan County v. M.W., 2022 WI 40, 402 Wis. 
2d 1, 974 N.W.2d 733, 21-0006.
The issuance of a detention order under sub. (10) (d) extends the time to hold a 
recommitment hearing until seven days after the subject individual is detained. 
Marathon County v. R.J.O., 2020 WI App 20 , 392 Wis. 2d 157 , 943 N.W.2d 898, 
18-1037.
Reliance on assumptions concerning a recommitment at some unidentified point 
in the past, and conclusory opinions parroting the statutory language without actu-
ally discussing dangerousness, are insufficient to prove dangerousness under sub. (1) 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 30 51.20 MENTAL HEALTH ACT
(am) in an extension hearing. Each extension hearing requires proof of current dan-
gerousness. Winnebago County v. S.H., 2020 WI App 46 , 393 Wis. 2d 511 , 947 
N.W.2d 761, 19-2277.
Neither sub. (1) (am) nor the applicable case law requires an expert or circuit 
court to speculate on the precise course of an individual’s impending decompensa-
tion by identifying specific future dangerous acts or omissions the individual might 
theoretically undertake without treatment. Dangerousness in an extension proceed-
ing can and often must be based on the individual’s precommitment behavior, cou-
pled with an expert’s informed opinions and predictions; provided, of course, that 
there is a proper foundation for the latter. Winnebago County v. S.H., 2020 WI App 
46, 393 Wis. 2d 511, 947 N.W.2d 761, 19-2277.
Sub. (1) (am) creates an alternative path to give counties a more realistic basis by 
which to prove current dangerousness when it is likely the committed individual 
would discontinue treatment if no longer committed. Thus, the state has a rational 
basis for treating those recommitted under sub. (1) (am) and those committed under 
sub. (1) (a) 2. e. differently. Waupaca County v. K.E.K., 2021 WI 9, 395 Wis. 2d 
460, 954 N.W.2d 366, 18-1887.
Sub. (11) (a) does not limit the filing of a jury demand to only the first time that a 
final hearing is set. Rather, when a final hearing is rescheduled, sub. (11) (a) allows 
a jury demand to be filed up until 48 hours prior to the rescheduled final hearing. 
Waukesha County v. E.J.W., 2021 WI 85 , 399 Wis. 2d 471 , 966 N.W.2d 590, 20-
0370. See also Walworth County v. M.R.M., 2023 WI 59 , 408 Wis. 2d 316 , 992 
N.W.2d 809, 22-0140.
The court in this case changed the special verdict question to read, “Is the subject 
dangerous to herself or to others if not recommitted?” The modified special verdict 
question failed to ask the jury to determine whether the individual was “currently” 
dangerous, instead directing the jury to consider future events—whether the individ-
ual would become dangerous in the future if she were not recommitted. Therefore, 
the question improperly stated the legal standard at issue, was misleading, and was 
inherently prejudicial to the individual. Outagamie County v. C.J.A., 2022 WI App 
36, 404 Wis. 2d 1, 978 N.W.2d 493, 20-2032.
An examiner’s report prepared pursuant to sub. (9) (a) 5. need not be admitted 
into evidence for the circuit court to consider the report during initial commitment 
proceedings. The reports are not created for the parties’ benefit such that the parties 
must then seek to admit the evidence into the record. In a recommitment hearing, an 
examiner’s report must be received into evidence to be considered by the circuit 
court because this section does not provide an alternative statutory procedure for the 
court to review and consider the examiner’s report apart from admission of the re-
port into the record under the rules of evidence in civil actions as provided under 
sub. (10) (c). Outagamie County v. L.X.D.-O., 2023 WI App 17, 407 Wis. 2d 441, 
991 N.W.2d 518, 20-1806.
Under sub. (10) (a), a county must provide notice to both the subject individual 
“and” the individual’s counsel—notice to counsel only is not enough. The county 
cannot meet its requirement to notify both the subject individual and the individual’s 
counsel by serving only counsel. Waukesha County v. M.A.C., 2024 WI 30 , 412 
Wis. 2d 462, 8 N.W.3d 365, 23-0533.
A circuit court may not enter default judgment for recommitment proceedings. 
When a defendant does not appear for a recommitment hearing, the court may issue 
a detention order under sub. (10) (d). Issuing a detention order is the outer limit on 
the court’s power. Waukesha County v. M.A.C., 2024 WI 30, 412 Wis. 2d 462 , 8 
N.W.3d 365, 23-0533.
Failure to comply with the deadline required under sub. (10) (b) substantially af-
fects the due process rights of an individual subject to commitment and deprives the 
court of competency. Outagamie County v. M.J.B., 2025 WI App 37, 417 Wis. 2d 
50, 24 N.W.3d 137, 24-0250.
Under sub. (2), a court can entertain proceedings for involuntary commitment of 
a person admitted as a voluntary inpatient. 68 Atty. Gen. 97.
Sub. (14) requires a sheriff to transport the subject of a petition under this section 
at all stages of the proceedings, regardless of reimbursement. 68 Atty. Gen. 225.
An individual in the custody of a sheriff for transport to, from, and during an in-
voluntary commitment hearing has rights to the least restrictive restraint appropri-
ate. 71 Atty. Gen. 183.
Discussing the duties and obligations of a corporation counsel in involuntary civil 
commitment proceedings under this chapter. 79 Atty. Gen. 129.
Under sub. (14), the director of the county department under s. 51.42 or 51.437 
may request the sheriff of the county in which an individual is placed under emer-
gency detention to transport that individual to another designated inpatient facility 
prior to the initial court hearing under this chapter, and the sheriff must do so within 
a reasonable time. 80 Atty. Gen. 299.
A corporation counsel has discretion to refuse to file a petition for examination 
after receiving signed statements under oath that meet the requirements contained in 
sub. (1) if the corporation counsel determines that it is not in the interests of the pub-
lic to file the petition. A good faith discretionary determination on the part of the 
corporation counsel that the filing of a petition for examination would not be in the 
interests of the public is not susceptible to challenge in a mandamus action. OAG 4-
10.
The state cannot confine, without more, nondangerous persons capable of surviv-
ing safely in freedom alone or with help from family or friends. O’Connor v. Don-
aldson, 422 U.S. 563, 95 S. Ct. 2486, 45 L. Ed. 2d 396 (1975).
Due process does not require states to use the “beyond a reasonable doubt” stan-
dard in civil commitment proceedings. Addington v. Texas, 441 U.S. 418, 99 S. Ct. 
1804, 60 L. Ed. 2d 323 (1979).
In signing a commitment application, a county employee was in essence acting as 
a witness in a judicial proceeding and as such was entitled to immunity. Martens v. 
Tremble, 481 F. Supp. 831 (1979).
Persons confined in a state hospital under this section and ss. 51.37, 971.14, 
971.17, and 975.06 are being subjected to punishment within the meaning of the 
cruel and unusual punishment clause. Flakes v. Percy, 511 F. Supp. 1325 (1981).
Beyond Overt Violence: Wisconsin’s Progressive Civil Commitment Statute as a 
Marker of a New Era in Mental Health Law. Erickson, Vitacco, & Van Rybroek. 89 
MLR 359 (2005).
The Privilege Against Self-Incrimination in Civil Commitment Proceedings. 
Wesson. 1980 WLR 697.
51.22 Care and custody of persons. (1) Except as pro-
vided in s. 51.20 (13) (a) 4. or 5., any person committed under 
this chapter shall be committed to the county department under s. 
51.42 or 51.437 serving the person’s county of residence, and 
such county department shall authorize placement of the person 
in an appropriate facility for care, custody and treatment accord-
ing to s. 51.42 (3) (as) 1r. or 51.437 (4rm) (a).
(2) Except for admissions that do not involve the department 
or a county department under s. 51.42 or 51.437 or a contract be-
tween a treatment facility and the department or a county depart-
ment, admissions under ss. 51.10, 51.13, and 51.45 (10) shall be 
through the county department under s. 51.42 or 51.437 serving 
the person’s county of residence, or through the department if the 
person to be admitted is a nonresident of this state. Admissions 
through a county department under s. 51.42 or 51.437 shall be 
made in accordance with s. 51.42 (3) (as) 1r. or 51.437 (4rm) (a). 
Admissions through the department shall be made in accordance 
with sub. (3).
(3) Whenever an admission is made through the department, 
the department shall determine the need for inpatient care of the 
individual to be admitted. Unless a state-operated facility is used, 
the department may only authorize care in an inpatient facility 
which is operated by or under a purchase of service contract with 
a county department under s. 51.42 or 51.437 or an inpatient fa-
cility which is under a contractual agreement with the depart-
ment. Except in the case of state treatment facilities, the depart-
ment shall reimburse the facility for the actual cost of all autho-
rized care and services from the appropriation under s. 20.435 (5) 
(da). For collections made under the authority of s. 46.10 (16), 
moneys shall be credited or remitted to the department no later 
than 60 days after the month in which collections are made. Such 
collections are also subject to s. 46.036 or special agreement. 
Collections made by the department under ss. 46.03 (18) and 
46.10 shall be deposited in the general fund.
(4) If a patient is placed in a facility authorized by a county 
department under s. 51.42 or 51.437 and the placement is outside 
the jurisdiction of that county department under s. 51.42 or 
51.437, the placement does not transfer the patient’s residence to 
the county of the facility’s location while such patient is under 
commitment or placement.
(5) The board to which a patient is committed shall provide 
the least restrictive treatment alternative appropriate to the pa-
tient’s needs, and movement through all appropriate and neces-
sary treatment components to assure continuity of care.
History: 1975 c. 430; 1977 c. 428; 1983 a. 27 s. 2202 (20); 1983 a. 474; 1985 a. 
176; 1989 a. 31; 2001 a. 16; 2005 a. 387, 444; 2009 a. 28; 2015 a. 55.
The standard for determining whether the state has adequately protected a pa-
tient’s rights is whether professional judgment was in fact exercised. Youngberg v. 
Romeo, 457 U.S. 307, 102 S. Ct. 2452, 73 L. Ed. 2d 28 (1982).
51.30 Records. (1) DEFINITIONS. In this section:
(ag) “Health care provider” has the meaning given in s. 
146.81 (1) (a) to (p).
(am) “Registration records” include all the records of the de-
partment, county departments under s. 51.42 or 51.437, treat-
ment facilities, and other persons providing services to the de-
partment, county departments, or treatment facilities, that are 
created in the course of providing services to individuals for men-
tal illness, developmental disabilities, alcoholism, or drug 
dependence.
(b) “Treatment records” include the registration and all other 
records that are created in the course of providing services to in-
dividuals for mental illness, developmental disabilities, alco-
holism, or drug dependence and that are maintained by the de-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.3031 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
partment; by county departments under s. 51.42 or 51.437 and 
their staffs; by treatment facilities; or by psychologists licensed 
under s. 455.04 (1) or (2) or licensed mental health professionals 
who are not affiliated with a county department or treatment fa-
cility. Treatment records do not include notes or records main-
tained for personal use by an individual providing treatment ser-
vices for the department, a county department under s. 51.42 or 
51.437, or a treatment facility, if the notes or records are not 
available to others.
(2) INFORMED CONSENT. An informed consent for disclosure 
of information from court or treatment records to an individual, 
agency, or organization must be in writing and must contain the 
following: the name of the individual, agency, or organization to 
which the disclosure is to be made; the name of the subject indi-
vidual whose treatment record is being disclosed; the purpose or 
need for the disclosure; the specific type of information to be dis-
closed; the time period during which the consent is effective; the 
date on which the consent is signed; and the signature of the indi-
vidual or person legally authorized to give consent for the 
individual.
(3) ACCESS TO COURT RECORDS. (a) Except as provided in 
pars. (b), (bm), (c), and (d), the files and records of the court pro-
ceedings under this chapter shall be closed but shall be accessible 
to any individual who is the subject of a petition filed under this 
chapter.
(b) An individual’s attorney or guardian ad litem and the cor-
poration counsel shall have access to the files and records of the 
court proceedings under this chapter without the individual’s 
consent and without modification of the records in order to pre-
pare for involuntary commitment or recommitment proceedings, 
reexaminations, appeals, or other actions relating to detention, 
admission, or commitment under this chapter or ch. 971, 975, or 
980.
(bm) Authorized representatives of the department of correc-
tions, the department of health services, the department of jus-
tice, or a district attorney shall have access to the files and records 
of court proceedings under this chapter for use in the prosecution 
of any proceeding or any evaluation conducted under ch. 980, if 
the files or records involve or relate to an individual who is the 
subject of the proceeding or evaluation. The court in which the 
proceeding under ch. 980 is pending may issue any protective or-
ders that it determines are appropriate concerning information 
made available or disclosed under this paragraph. Any represen-
tative of the department of corrections, the department of health 
services, the department of justice, or a district attorney may dis-
close information obtained under this paragraph for any purpose 
consistent with any proceeding under ch. 980.
(c) The files and records of court proceedings under this chap-
ter may be released to other persons with the informed written 
consent of the individual, pursuant to lawful order of the court 
which maintains the records or under s. 51.20 (13) (cv) 4.
(d) The department of corrections shall have access to the 
files and records of court proceedings under this chapter concern-
ing an individual required to register under s. 301.45. The depart-
ment of corrections may disclose information that it obtains un-
der this paragraph as provided under s. 301.46.
(4) ACCESS TO REGISTRATION AND TREATMENT RECORDS. 
(a) Confidentiality of records. Except as otherwise provided in 
this chapter and ss. 118.125 (4), 610.70 (3) and (5), 905.03 and 
905.04, all treatment records shall remain confidential and are 
privileged to the subject individual. Such records may be re-
leased only to the persons designated in this chapter or ss. 
118.125 (4), 610.70 (3) and (5), 905.03 and 905.04, or to other 
designated persons with the informed written consent of the sub-
ject individual as provided in this section. This restriction applies 
to elected officials and to members of boards appointed under s. 
51.42 (4) (a) or 51.437 (7) (a).
(b) Access without informed written consent. Notwithstand-
ing par. (a), treatment records of an individual may be released 
without informed written consent in the following circumstances, 
except as restricted under par. (c):
1. To an individual, organization or agency designated by the 
department or as required by law for the purposes of management 
audits, financial audits, or program monitoring and evaluation. 
Information obtained under this paragraph shall remain confi-
dential and shall not be used in any way that discloses the names 
or other identifying information about the individual whose 
records are being released. The department shall promulgate 
rules to assure the confidentiality of such information.
2. To the department, the director of a county department un-
der s. 51.42 or 51.437, or a qualified staff member designated by 
the director as is necessary for, and only to be used for, billing or 
collection purposes. Such information shall remain confidential. 
The department and county departments shall develop proce-
dures to assure the confidentiality of such information.
3. For purposes of research as permitted in s. 51.61 (1) (j) 
and (4) if the research project has been approved by the depart-
ment and the researcher has provided assurances that the infor-
mation will be used only for the purposes for which it was pro-
vided to the researcher, the information will not be released to a 
person not connected with the study under consideration, and the 
final product of the research will not reveal information that may 
serve to identify the individual whose treatment records are being 
released under this subsection without the informed written con-
sent of the individual. Such information shall remain confiden-
tial. In approving research projects under this subsection, the de-
partment shall impose any additional safeguards needed to pre-
vent unwarranted disclosure of information.
4. Pursuant to lawful order of a court of record.
5. To qualified staff members of the department, to the direc-
tor of the county department under s. 51.42 or 51.437 which is re-
sponsible for serving a subject individual or to qualified staff 
members designated by the director as is necessary to determine 
progress and adequacy of treatment, to determine whether the 
person should be transferred to a less restrictive or more appro-
priate treatment modality or facility or for the purposes of s. 
51.14. Such information shall remain confidential. The depart-
ment and county departments under s. 51.42 or 51.437 shall de-
velop procedures to assure the confidentiality of such 
information.
6. Within the treatment facility where the subject individual 
is receiving treatment confidential information may be disclosed 
to individuals employed, individuals serving in bona fide training 
programs or individuals participating in supervised volunteer 
programs, at the facility when and to the extent that performance 
of their duties requires that they have access to such information.
7. Within the department to the extent necessary to coordi-
nate treatment for mental illness, developmental disabilities, al-
coholism or drug abuse of individuals who have been committed 
to or who are under the supervision of the department. The de-
partment shall promulgate rules to assure the confidentiality of 
such information.
8. For treatment of the individual in a medical emergency, to 
a health care provider who is otherwise unable to obtain the indi-
vidual’s informed consent because of the individual’s condition 
or the nature of the medical emergency. Disclosure under this 
subdivision shall be limited to that part of the records necessary 
to meet the medical emergency.
8g. am. In this subdivision, “diagnostic test results” means 
the results of clinical testing of biological parameters, but does 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 32 51.30 MENTAL HEALTH ACT
not mean the results of psychological or neuropsychological 
testing.
bm. To a health care provider, or to any person acting under 
the supervision of the health care provider who is involved with 
an individual’s care, if necessary for the current treatment of the 
individual. Information that may be released under this subdivi-
sion is limited to the individual’s name, address, and date of 
birth; the name of the individual’s provider of services for mental 
illness, developmental disability, alcoholism, or drug depen-
dence; the date of any of those services provided; the individual’s 
medications, allergies, diagnosis, diagnostic test results, and 
symptoms; and other relevant demographic information neces-
sary for the current treatment of the individual.
8m. To appropriate examiners and facilities in accordance 
with s. 54.36 (3), 971.17 (2) (e), (4) (c), and (7) (c). The recipient 
of any information from the records shall keep the information 
confidential except as necessary to comply with s. 971.17.
8s. To appropriate persons in accordance with s. 980.031 (4) 
and to authorized representatives of the department of correc-
tions, the department of health services, the department of jus-
tice, or a district attorney for use in the prosecution of any pro-
ceeding or any evaluation conducted under ch. 980, if the treat-
ment records involve or relate to an individual who is the subject 
of the proceeding or evaluation. The court in which the proceed-
ing under ch. 980 is pending may issue any protective orders that 
it determines are appropriate concerning information made avail-
able or disclosed under this subdivision. Any representative of 
the department of corrections, the department of health services, 
the department of justice, or a district attorney may disclose in-
formation obtained under this subdivision for any purpose con-
sistent with any proceeding under ch. 980.
9. To a facility which is to receive an individual who is invol-
untarily committed under this chapter, ch. 48, 938, 971, or 975 
upon transfer of the individual from one treatment facility to an-
other. Release of records under this subdivision shall be limited 
to such treatment records as are required by law, a record or sum-
mary of all somatic treatments, and a discharge summary. The 
discharge summary may include a statement of the patient’s prob-
lem, the treatment goals, the type of treatment which has been 
provided, and recommendation for future treatment, but it may 
not include the patient’s complete treatment record. The depart-
ment shall promulgate rules to implement this subdivision.
10. To a correctional facility or to a probation, extended su-
pervision and parole agent who is responsible for the supervision 
of an individual who is receiving inpatient or outpatient evalua-
tion or treatment under this chapter in a program that is operated 
by, or is under contract with, the department or a county depart-
ment under s. 51.42 or 51.437, or in a treatment facility, as a con-
dition of the probation, extended supervision and parole supervi-
sion plan, or whenever such an individual is transferred from a 
state or local correctional facility to such a treatment program and 
is then transferred back to the correctional facility. Every proba-
tioner, parolee or person on extended supervision who receives 
evaluation or treatment under this chapter shall be notified of the 
provisions of this subdivision by the individual’s probation, ex-
tended supervision and parole agent. Release of records under 
this subdivision is limited to:
a. The report of an evaluation which is provided pursuant to 
the written probation, extended supervision and parole supervi-
sion plan.
b. The discharge summary, including a record or summary of 
all somatic treatments, at the termination of any treatment which 
is provided as part of the probation, extended supervision and pa-
role supervision plan.
c. When an individual is transferred from a treatment facility 
back to a correctional facility, the information provided under 
subd. 10. d.
d. Any information necessary to establish, or to implement 
changes in, the individual’s treatment plan or the level and kind of 
supervision on probation, extended supervision or parole, as de-
termined by the director of the facility or the treatment director. 
In cases involving a person transferred back to a correctional fa-
cility, disclosure shall be made to clinical staff only. In cases in-
volving a person on probation, extended supervision or parole, 
disclosure shall be made to a probation, extended supervision and 
parole agent only. The department shall promulgate rules govern-
ing the release of records under this subdivision.
10m. To the department of justice or a district attorney under 
s. 980.015 (3) (b), if the treatment records are maintained by an 
agency with jurisdiction, as defined in s. 980.01 (1d), that has 
control or custody over a person who may meet the criteria for 
commitment as a sexually violent person under ch. 980.
11. To the subject individual’s counsel or guardian ad litem 
and the corporation counsel, without modification, at any time in 
order to prepare for involuntary commitment or recommitment 
proceedings, reexaminations, appeals, or other actions relating to 
detention, admission, commitment, or patients’ rights under this 
chapter or ch. 48, 971, 975, or 980.
11m. To the guardian ad litem of the unborn child, as defined 
in s. 48.02 (19), of a subject individual, without modification, at 
any time to prepare for proceedings under s. 48.133.
12. To a correctional officer of the department of corrections 
who has custody of or is responsible for the supervision of an in-
dividual who is transferred or discharged from a treatment facil-
ity. Records released under this subdivision are limited to notice 
of the subject individual’s change in status.
12m. To any person if the patient was admitted under s. 
971.14, 971.17 or 980.06 or ch. 975 or transferred under s. 51.35 
(3) or 51.37 and is on unauthorized absence from a treatment fa-
cility. Information released under this subdivision is limited to 
information that would assist in the apprehension of the patient.
15. To personnel employed by a county department under s. 
46.215, 46.22, 51.42 or 51.437 in any county where the county 
department has established and submitted to the department a 
written agreement to coordinate services to individuals receiving 
services under this chapter. This information shall be released 
upon request of such county department personnel, and may be 
utilized only for the purposes of coordinating human services de-
livery and case management. This information shall remain con-
fidential, and shall continue to be governed by this section. Infor-
mation may be released under this subdivision only if the subject 
individual has received services through a county department un-
der s. 51.42 or 51.437 within 6 months preceding the request for 
information, and the information is limited to:
a. The subject individual’s name, address, age, birthdate, sex, 
client-identifying number and primary disability.
b. The type of service rendered or requested to be provided 
to the subject individual, and the dates of such service or request.
c. Funding sources, and other funding or payment 
information.
16. If authorized by the secretary or his or her designee, to a 
law enforcement agency upon request if the individual was admit-
ted under ch. 971 or 975 or transferred under s. 51.35 (3) or 
51.37. Information released under this subdivision is limited to 
the individual’s name and other identifying information, includ-
ing photographs and fingerprints, the branch of the court that 
committed the individual, the crime that the individual is charged 
with, found not guilty of by reason of mental disease or defect or 
convicted of, whether or not the individual is or has been autho-
rized to leave the grounds of the institution and information as to 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.3033 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
the individual’s whereabouts during any time period. In this sub-
division “law enforcement agency” has the meaning provided in 
s. 165.83 (1) (b).
17. To the elder-adult-at-risk agency designated under s. 
46.90 (2) or other investigating agency under s. 46.90 for the pur-
poses of s. 46.90 (4) and (5), to an agency, as defined in s. 48.981 
(1) (ag), or a sheriff or police department for the purposes of s. 
48.981 (2) and (3), or to the adult-at-risk agency designated under 
s. 55.043 (1d) for purposes of s. 55.043. The treatment record 
holder may release treatment record information by initiating 
contact with the elder-adult-at-risk agency, agency, as defined in 
s. 48.981 (1) (ag) , sheriff or police department, or adult-at-risk 
agency, without first receiving a request for release of the treat-
ment record.
18. a. In this subdivision, “abuse” has the meaning given in 
s. 51.62 (1) (ag); “neglect” has the meaning given in s. 51.62 (1) 
(br); and “parent” has the meaning given in s. 48.02 (13), except 
that “parent” does not include the parent of a minor whose cus-
tody is transferred to a legal custodian, as defined in s. 48.02 (11), 
or for whom a guardian is appointed under s. 48.9795 or 54.10 or 
s. 880.33, 2003 stats.
b. Except as provided in subd. 18. c. and d., to staff members 
of the protection and advocacy agency designated under s. 51.62 
(2) or to staff members of the private, nonprofit corporation with 
which the agency has contracted under s. 51.62 (3) (a) 3., if any, 
for the purpose of protecting and advocating the rights of persons 
with developmental disabilities, as defined under s. 51.62 (1) 
(am), or mental illness, as defined under s. 51.62 (1) (bm).
c. If the patient, regardless of age, has a guardian appointed 
under s. 48.9795 or 54.10 or s. 880.33, 2003 stats., or if the pa-
tient is a minor with developmental disability who has a parent or 
has a guardian appointed under s. 48.831 and does not have a 
guardian appointed under s. 48.9795 or 54.10 or s. 880.33, 2003 
stats., information concerning the patient that is obtainable by 
staff members of the agency or nonprofit corporation with which 
the agency has contracted is limited, except as provided in subd. 
18. e. , to the nature of an alleged rights violation, if any; the 
name, birth date and county of residence of the patient; informa-
tion regarding whether the patient was voluntarily admitted, in-
voluntarily committed or protectively placed and the date and 
place of admission, placement or commitment; and the name, ad-
dress and telephone number of the guardian of the patient and the 
date and place of the guardian’s appointment or, if the patient is a 
minor with developmental disability who has a parent or has a 
guardian appointed under s. 48.831 and does not have a guardian 
appointed under s. 48.9795 or 54.10 or s. 880.33, 2003 stats., the 
name, address and telephone number of the parent or guardian 
appointed under s. 48.831 of the patient.
d. Except as provided in subd. 18. e., any staff member who 
wishes to obtain additional information about a patient described 
in subd. 18. c. shall notify the patient’s guardian or, if applicable, 
parent in writing of the request and of the guardian’s or parent’s 
right to object. The staff member shall send the notice by mail to 
the guardian’s or, if applicable, parent’s address. If the guardian 
or parent does not object in writing within 15 days after the notice 
is mailed, the staff member may obtain the additional informa-
tion. If the guardian or parent objects in writing within 15 days 
after the notice is mailed, the staff member may not obtain the 
additional information.
e. The restrictions on information that is obtainable by staff 
members of the protection and advocacy agency or private, non-
profit corporation that are specified in subd. 18. c. and d. do not 
apply if the custodian of the record fails to promptly provide the 
name and address of the parent or guardian; if a complaint is re-
ceived by the agency or nonprofit corporation about a patient, or 
if the agency or nonprofit corporation determines that there is 
probable cause to believe that the health or safety of the patient is 
in serious and immediate jeopardy, the agency or nonprofit cor-
poration has made a good-faith effort to contact the parent or 
guardian upon receiving the name and address of the parent or 
guardian, the agency or nonprofit corporation has either been un-
able to contact the parent or guardian or has offered assistance to 
the parent or guardian to resolve the situation and the parent or 
guardian has failed or refused to act on behalf of the patient; if a 
complaint is received by the agency or nonprofit corporation 
about a patient or there is otherwise probable cause to believe that 
the patient has been subject to abuse or neglect by a parent or 
guardian; or if the patient is a minor whose custody has been 
transferred to a legal custodian, as defined in s. 48.02 (11) or for 
whom a guardian that is an agency of the state or a county has 
been appointed.
19. To state and local law enforcement agencies for the pur-
pose of reporting an apparent crime committed on the premises 
of an inpatient treatment facility or nursing home, if the facility 
or home has treatment records subject to this section, or observed 
by staff or agents of any such facility or nursing home. Informa-
tion released under this subdivision is limited to identifying infor-
mation that may be released under subd. 16. and information re-
lated to the apparent crime.
20. Except with respect to the treatment records of a subject 
individual who is receiving or has received services for alco-
holism or drug dependence, to the spouse, domestic partner un-
der ch. 770, parent, adult child or sibling of a subject individual, 
if the spouse, domestic partner, parent, adult child or sibling is di-
rectly involved in providing care to or monitoring the treatment of 
the subject individual and if the involvement is verified by the 
subject individual’s physician, psychologist or by a person other 
than the spouse, domestic partner, parent, adult child or sibling 
who is responsible for providing treatment to the subject individ-
ual, in order to assist in the provision of care or monitoring of 
treatment. Except in an emergency as determined by the person 
verifying the involvement of the spouse, domestic partner, parent, 
adult child or sibling, the request for treatment records under this 
subdivision shall be in writing, by the requester. Unless the sub-
ject individual has been adjudicated incompetent in this state, the 
person verifying the involvement of the spouse, domestic partner, 
parent, adult child or sibling shall notify the subject individual 
about the release of his or her treatment records under this subdi-
vision. Treatment records released under this subdivision are 
limited to the following:
a. A summary of the subject individual’s diagnosis and 
prognosis.
b. A listing of the medication which the subject individual 
has received and is receiving.
c. A description of the subject individual’s treatment plan.
21. To a mental health review officer for the purposes of s. 
51.14.
22. To a representative of the board on aging and long-term 
care, in accordance with s. 49.498 (5) (e).
23. To the department under s. 51.03 (2) or to a sheriff, po-
lice department or district attorney for purposes of investigation 
of a death reported under s. 51.64 (2) (a).
24. To the department of corrections for the purpose of ob-
taining information concerning a person required to register un-
der s. 301.45. The department of corrections may disclose infor-
mation that it receives under this subdivision as provided under s. 
301.46.
25. If the treatment records do not contain information and 
the circumstances of the release do not provide information that 
would permit the identification of the individual.
26. To the department of corrections or to a sheriff, to deter-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 34 51.30 MENTAL HEALTH ACT
mine if a person incarcerated is complying with the assessment or 
the driver safety plan ordered under s. 343.30 (1q) (c).
27. For the purpose of entering information concerning the 
subject individual into the statewide automated child welfare in-
formation system established under s. 48.47 (7g).
28. To the department of justice, under the requirements of 
ss. 51.20 (13) (cv) 4. and 51.45 (13) (i) 4.
29. To an authorized member of a fatality review team estab-
lished under s. 250.22. The recipient of any treatment records 
under this subdivision shall keep the records confidential in ac-
cordance with s. 250.22.
NOTE: Subd. 29. is created eff. 5-1-27 by 2025 Wis. Act 148.
(c) Limitation on release of alcohol and drug treatment 
records. Notwithstanding par. (b), whenever federal law or appli-
cable federal regulations restrict, or as a condition to receipt of 
federal aids require that this state restrict the release of informa-
tion contained in the treatment records of any patient who re-
ceives treatment for alcoholism or drug dependency in a program 
or facility to a greater extent than permitted under this section, 
the department may by rule restrict the release of such informa-
tion as may be necessary to comply with federal law and regula-
tions. Rules promulgated under this paragraph shall supersede 
this section with respect to alcoholism and drug dependency 
treatment records in those situations in which they apply.
(cg) Limited release of information of foster children. If the 
subject of a treatment record is a child who is placed in out-of-
home care, a health care provider may disclose to an out-of-home 
care provider, as defined in s. 48.02 (12r), and a child welfare 
agency without informed written consent a portion, but not a 
copy, of the child’s treatment record that the health care provider 
reasonably believes is necessary for the proper care of the child, 
such as the diagnosis, treatment plan, and medication manage-
ment plan.
(cm) Required access to certain information. Notwithstand-
ing par. (a), treatment records of an individual shall, upon re-
quest, be released without informed written consent, except as re-
stricted under par. (c), to the parent, child, sibling, spouse, or do-
mestic partner under ch. 770 of an individual who is or was a pa-
tient at an inpatient facility; to a law enforcement officer who is 
seeking to determine whether an individual is on unauthorized 
absence from the facility; and to mental health professionals who 
are providing treatment to the individual at the time that the infor-
mation is released to others. Information released under this 
paragraph is limited to notice as to whether or not an individual is 
a patient at the inpatient facility and, if the individual is no longer 
a patient at the inpatient facility, the facility or other place, if 
known, at which the individual is located. This paragraph does 
not apply under any of the following circumstances:
1. To the individual’s parent, child, sibling, spouse, or do-
mestic partner under ch. 770 who is requesting information, if the 
individual has specifically requested that the information be 
withheld from the parent, child, sibling, spouse, or domestic 
partner.
2. If, in the opinion of the inpatient facility, there is reason-
able cause to believe that disclosure of the information would re-
sult in danger to the individual.
(d) Individual access. 1. Access to treatment records by a 
subject individual during his or her treatment may be restricted by 
the director of the treatment facility. However, access may not be 
denied at any time to records of all medications and somatic treat-
ments received by the individual.
2. The subject individual shall have a right, following dis-
charge under s. 51.35 (4), to a complete record of all medications 
and somatic treatments prescribed during admission or commit-
ment and to a copy of the discharge summary which was prepared 
at the time of his or her discharge. A reasonable and uniform 
charge for reproduction may be assessed.
3. In addition to the information provided under subd. 2., the 
subject individual shall, following discharge, if the individual so 
requests, have access to and have the right to receive from the fa-
cility a photostatic copy of any or all of his or her treatment 
records. A reasonable and uniform charge for reproduction may 
be assessed. The director of the treatment facility or such per-
son’s designee and the treating physician have a right to be 
present during inspection of any treatment records. Notice of in-
spection of treatment records shall be provided to the director of 
the treatment facility and the treating physician at least one full 
day, excluding Saturdays, Sundays and legal holidays, before in-
spection of the records is made. Treatment records may be mod-
ified prior to inspection to protect the confidentiality of other pa-
tients or the names of any other persons referred to in the record 
who gave information subject to the condition that his or her 
identity remain confidential. Entire documents may not be with-
held in order to protect such confidentiality.
4. At the time of discharge all individuals shall be informed 
by the director of the treatment facility or such person’s designee 
of their rights as provided in this subsection.
(dm) Destruction, damage, falsification or concealment of 
treatment records. No person may do any of the following:
1. Intentionally falsify a treatment record.
2. Conceal or withhold a treatment record with intent to pre-
vent its release to the subject individual under par. (d), to his or 
her guardian, or to persons with the informed written consent of 
the subject individual or with intent to prevent or obstruct an in-
vestigation or prosecution.
3. Intentionally destroy or damage records in order to prevent 
or obstruct an investigation or prosecution.
(e) Notation of release of information. Each time written in-
formation is released from a treatment record, a notation shall be 
made in the record by the custodian thereof that includes the fol-
lowing: the name of the person to whom the information was re-
leased; the identification of the information released; the purpose 
of the release; and the date of the release. The subject individual 
shall have access to such release data as provided in par. (d).
(f) Correction of information. A subject individual, the par-
ent, guardian, or person in the place of a parent of a minor, or the 
guardian of an individual adjudicated incompetent may, after hav-
ing gained access to treatment records, challenge the accuracy, 
completeness, timeliness, or relevance of factual information in 
his or her treatment records and request in writing that the facility 
maintaining the record correct the challenged information. The 
request shall be granted or denied within 30 days by the director 
of the treatment facility, the director of the county department un-
der s. 51.42 or 51.437, or the secretary depending upon which 
person has custody of the record. Reasons for denial of the re-
quested changes shall be given by the responsible officer and the 
individual shall be informed of any applicable grievance proce-
dure or court review procedure. If the request is denied, the indi-
vidual, parent, guardian, or person in the place of a parent shall 
be allowed to insert into the record a statement correcting or 
amending the information at issue. The statement shall become a 
part of the record and shall be released whenever the information 
at issue is released.
(g) Applicability. Paragraphs (a), (b), (c), (dm) and (e) apply 
to all treatment records, including those on which written, drawn, 
printed, spoken, visual, electromagnetic or digital information is 
recorded or preserved, regardless of physical form or 
characteristics.
(5) MINORS AND INCOMPETENTS. (a) Consent for release of 
information. The parent, guardian, or person in the place of a 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.3035 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
parent of a minor or the guardian of an adult adjudicated incom-
petent in this state may consent to the release of confidential in-
formation in court or treatment records. A minor who is aged 14 
or more may consent to the release of confidential information in 
court or treatment records without the consent of the minor’s par-
ent, guardian or person in the place of a parent. Consent under 
this paragraph must conform to the requirements of sub. (2).
(b) Access to information. 1. The guardian of an individual 
who is adjudicated incompetent in this state shall have access to 
the individual’s court and treatment records at all times. The par-
ent, guardian or person in the place of a parent of a developmen-
tally disabled minor shall have access to the minor’s court and 
treatment records at all times except in the case of a minor aged 
14 or older who files a written objection to such access with the 
custodian of the records. The parent, guardian or person in the 
place of a parent of other minors shall have the same rights of ac-
cess as provided to subject individuals under this section.
2. A minor who is aged 14 or older shall have access to his or 
her own court and treatment records, as provided in this section. 
A minor under the age of 14 shall have access to court records but 
only in the presence of a parent, guardian, counsel, guardian ad 
litem or judge and shall have access to treatment records as pro-
vided in this section but only in the presence of a parent, 
guardian, counsel, guardian ad litem or staff member of the treat-
ment facility.
(bm) Parents denied physical placement. A parent who has 
been denied periods of physical placement with a child under s. 
767.41 (4) (b) or 767.451 (4) may not have the rights of a parent 
or guardian under pars. (a) and (b) with respect to access to that 
child’s court or treatment records.
(c) Juvenile court records. The court records of juveniles ad-
mitted or committed under this chapter shall be kept separately 
from all other juvenile court records.
(d) Other juvenile records. Sections 48.78 and 938.78 do not 
apply to records covered by this section.
(e) Temporary guardian for adult alleged to be incompetent. 
If an adult is alleged to be incompetent, under the requirements of 
s. 54.10 (3), to consent to the release of records under this sec-
tion, but no guardian has been appointed for the individual, con-
sent for the release of records may be given by a temporary 
guardian who is appointed for the purpose of deciding upon the 
release of records.
(f) Applicability. Paragraph (a) and (bm) to (e) apply to all 
treatment records, including those on which written, drawn, 
printed, spoken, visual, electromagnetic or digital information is 
recorded or preserved, regardless of physical form or 
characteristics.
(6) PRIVILEGES. Sections 905.03 and 905.04 supersede this 
section with respect to communications between physicians and 
patients and between attorneys and clients.
(7) CRIMINAL COMMITMENTS. Except as otherwise specifi-
cally provided, this section applies to the treatment records of 
persons who are committed under chs. 971 and 975.
(8) GRIEVANCES. Failure to comply with any provisions of 
this section may be processed as a grievance under s. 51.61 (5), 
except that a grievance resolution procedure option made avail-
able to the patient, as required under s. 457.04 (8), applies to fail-
ures to comply by a licensed mental health professional who is 
not affiliated with a county department or treatment facility. 
However, use of the grievance procedure is not required before 
bringing any civil action or filing a criminal complaint under this 
section.
(9) ACTIONS FOR VIOLATIONS; DAMAGES; INJUNCTION. (a) 
Any person, including the state or any political subdivision of the 
state, violating this section shall be liable to any person damaged 
as a result of the violation for such damages as may be proved, to-
gether with exemplary damages of not more than $1,000 for each 
violation and such costs and reasonable actual attorney fees as 
may be incurred by the person damaged.
(b) In any action brought under par. (a) in which the court de-
termines that the violator acted in a manner that was knowing and 
willful, the violator shall be liable for such damages as may be 
proved together with exemplary damages of not more than 
$25,000 for each violation, together with costs and reasonable ac-
tual attorney fees as may be incurred. It is not a prerequisite to an 
action under this subsection that the plaintiff suffer or be threat-
ened with actual damages.
(c) An individual may bring an action to enjoin any violation 
of this section or to compel compliance with this section, and 
may in the same action seek damages as provided in this subsec-
tion. The individual may recover costs and reasonable actual at-
torney fees as may be incurred in the action, if he or she prevails.
(10) PENALTIES. (a) Whoever does any of the following may 
be fined not more than $25,000 or imprisoned for not more than 
9 months or both:
1. Requests or obtains confidential information under this 
section under false pretenses.
2. Discloses confidential information under this section with 
knowledge that the disclosure is unlawful and is not reasonably 
necessary to protect another from harm.
3. Violates sub. (4) (dm) 1., 2. or 3.
(b) Whoever negligently discloses confidential information 
under this section is subject to a forfeiture of not more than 
$1,000 for each violation.
(bm) Whoever intentionally discloses confidential informa-
tion under this section, knowing that the information is confiden-
tial, and discloses the information for pecuniary gain may be 
fined not more than $100,000 or imprisoned not more than 3 
years and 6 months, or both.
(11) DISCIPLINE OF EMPLOYEES. Any employee of the de-
partment, a county department under s. 51.42 or 51.437 or a pub-
lic treatment facility who violates this section or any rule promul-
gated pursuant to this section may be subject to discharge or sus-
pension without pay.
(12) RULE MAKING. The department shall promulgate rules 
to implement this section.
History: 1975 c. 430; 1977 c. 26 s. 75; 1977 c. 61, 428; 1979 c. 110 s. 60 (1); 
1983 a. 27, 292, 398, 538; 1985 a. 29, 176; 1985 a. 292 s. 3; 1985 a. 332 ss. 97, 98, 
251 (1); 1987 a. 352, 355, 362, 367, 399, 403; 1989 a. 31, 334, 336; 1991 a. 39, 189; 
1993 a. 196, 445, 479; 1995 a. 169, 440; 1997 a. 35, 231, 237, 283, 292; 1999 a. 32, 
78, 79, 109; 2001 a. 16, 38; 2005 a. 25, 344, 387, 388, 406, 434; 2005 a. 443 s. 265; 
2005 a. 444, 449, 485; 2007 a. 20 ss. 1817, 9121 (6) (a); 2007 a. 45, 97, 108; 2009 
a. 28, 258; 2013 a. 20; 2017 a. 252; 2019 a. 109; 2021 a. 22; 2025 a. 148.
Cross-reference: See also chs. DHS 1 and 92, Wis. adm. code.
By entering a plea of not guilty by reason of mental disease or defect, the defen-
dant lost the physician-patient privilege by virtue of s. 905.04 (4) (c) and the confi-
dentiality of treatment records under sub. (4) (b) 4. State v. Taylor, 142 Wis. 2d 36, 
417 N.W.2d 192 (Ct. App. 1987).
Section 905.04 supersedes this section with respect to all relationships listed in s. 
905.04 and is not strictly limited to the physician-patient relationship. State v. S.H., 
159 Wis. 2d 730, 465 N.W.2d 238 (Ct. App. 1990).
The release of court records “pursuant to lawful order of the court” under sub. (3) 
is allowable when access fits within or is comparable to one of the exceptions for 
treatment records under sub. (4) (b) or when a significant interrelationship exists be-
tween the records of the civil commitment proceeding at issue and a criminal pro-
ceeding involving a violent felony pending prior to the civil commitment. Billy Jo 
W. v. Metro, 182 Wis. 2d 616, 514 N.W.2d 707 (1994).
Information contained in a treatment record but obtained from another source is 
not subject to the treatment-records privilege under this section, except that all infor-
mation that identifies a person as a patient is privileged. Daniel A. v. Walter H., 195 
Wis. 2d 971, 537 N.W.2d 103 (Ct. App. 1995), 92-1676.
This section provides an exception to the open records law. Nothing in this sec-
tion or rules adopted under this section suggests that the director is to weigh the 
harm to the public interest against the benefit to the public in deciding on access to 
records. State ex rel. Savinski v. Kimble, 221 Wis. 2d 833, 586 N.W.2d 36 (Ct. App. 
1998), 97-3356.
The subject individual of treatment records is the one who receives treatment. 
Another person mentioned in the records is not a subject individual and not pro-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 36 51.30 MENTAL HEALTH ACT
tected by this section. Olson v. Red Cedar Clinic, 2004 WI App 102, 273 Wis. 2d 
728, 681 N.W.2d 306, 03-2198.
Statements of emergency detention in the possession of a treatment facility, or a 
department listed in this section, or in the possession of the police department, are 
“treatment records” within the meaning of sub. (1) (b), which are expressly exempt 
from disclosure without written informed consent or a court order under sub. (4) and 
thus not subject to an open records request. Watton v. Hegerty, 2008 WI 74 , 311 
Wis. 2d 52, 751 N.W.2d 369, 06-3092.
Sub. (4) on its face, and as interpreted in Watton, 2008 WI 74, prohibits the re-
lease of copies of statements of emergency detention, even if in the possession of the 
police department. Applying Watton, it would be absurd to construe the plain lan-
guage of sub. (4) to permit release of the police incident report when it contains the 
same information as the expressly confidential statement of emergency detention. 
Although Schuster, 144 Wis. 2d 223 (1998), imposes a duty to warn a person threat-
ened with harm on a psychiatrist who hears the threat from a patient, it does not cre-
ate a public policy exception to sub. (4). Milwaukee Deputy Sheriff’s Ass’n v. City 
of Wauwatosa, 2010 WI App 95, 327 Wis. 2d 206, 787 N.W.2d 438, 09-1924.
Under the broad terms of sub. (7), the confidentiality requirements created under 
this section generally apply to “treatment records” in criminal not guilty by reason 
of insanity (NGI) cases. All conditional release plans in NGI cases are, by statutory 
definition, treatment records. They are created in the course of providing services to 
individuals for mental illness, and thus should be deemed confidential. An order of 
placement in an NGI case is not a “treatment record.” La Crosse Tribune v. Circuit 
Court, 2012 WI App 42, 340 Wis. 2d 663, 814 N.W.2d 867, 10-3120.
This section assigns confidential status to records involving treatment for mental 
illness. The meaning of “shall” in sub. (4) (a) is established. If the confidentiality 
provision applies, a court must treat the records as confidential, unless an enumer-
ated exception contained in sub. (4) (b) applies, or there is a circumstance that is 
comparable to an enumerated exception. La Crosse Tribune v. Circuit Court, 2012 
WI App 42, 340 Wis. 2d 663, 814 N.W.2d 867, 10-3120.
The duty to report suspected cases of child abuse or neglect under s. 48.981 (3) 
(a) prevails over any inconsistent terms in this section. 68 Atty. Gen. 342.
Except for those services for which parental consent is necessary under s. 51.47 
(2), a physician or health care facility may release outpatient or detoxification ser-
vices information only with consent of a minor patient, provided the minor is 12 
years of age or over. 77 Atty. Gen. 187.
New Federal Privacy Rule for Health Care Providers, Part II: Balancing Federal 
and Wisconsin Medical Privacy Laws. Hartin. Wis. Law. June 2003.
51.35 Transfers and discharges. (1) TRANSFER OF PA-
TIENTS AND RESIDENTS. (a) Subject to pars. (b), (d), and (dm), 
the department or the county department under s. 51.42 or 
51.437 may transfer any patient or resident who is committed to 
it, or who is admitted to a treatment facility under its supervision 
or operating under an agreement with it, between treatment facil-
ities or from a treatment facility into the community if the trans-
fer is consistent with reasonable medical and clinical judgment, 
consistent with s. 51.22 (5), and, if the transfer results in a greater 
restriction of personal freedom for the patient or resident, in ac-
cordance with par. (e). Terms and conditions that will benefit the 
patient or resident may be imposed as part of a transfer to a less 
restrictive treatment alternative. A patient or resident who is 
committed to the department or a county department under s. 
51.42 or 51.437 may be required to take medications and receive 
treatment, subject to the right of the patient or resident to refuse 
medication and treatment under s. 51.61 (1) (g) and (h), through 
a community support program as a term or condition of a trans-
fer. The patient or resident shall be informed at the time of trans-
fer of the consequences of violating the terms and conditions of 
the transfer, including possible transfer back to a treatment facil-
ity that imposes a greater restriction on personal freedom of the 
patient or resident.
(b) 1. Except as provided in pars. (c) and (d), a transfer of a 
patient in a mental health institute by the department is subject to 
the approval of the appropriate county department under ss. 
51.42 and 51.437 to which the patient was committed or through 
which the patient was admitted to the mental health institute.
2. Except as provided in pars. (c) and (d), a transfer of a resi-
dent of a center for the developmentally disabled by the depart-
ment is subject to the approval of the appropriate county depart-
ment under s. 51.42 or 51.437 to which the resident was commit-
ted or through which the resident was admitted to the center.
3. Except as provided in pars. (c) and (d), a transfer of a pa-
tient in a treatment facility other than as specified in subd. 1. or 2. 
may be made by the department only after the department has no-
tified the appropriate county department under s. 51.42 or 51.437 
of its intent to transfer the patient. The patient’s guardian, if any, 
or if a minor his or her parent or person in the place of a parent 
shall be notified by the department.
(bm) Transfer of a resident by a county department to a center 
for the developmentally disabled is subject to s. 51.06 (3).
(c) The department may, without approval of the county de-
partment under s. 51.42 or 51.437, transfer any patient from a 
treatment facility to another treatment facility when the condition 
of the patient requires such transfer without delay. The depart-
ment shall notify the appropriate county department under s. 
51.42 or 51.437 that the transfer has been made. Any patient so 
transferred may be returned to the treatment facility from which 
the transfer was made, upon orders from the department or the 
county department under s. 51.42 or 51.437, when the return 
would be in the best interests of the patient.
(d) 1. Subject to subd. 2. and par. (dm), the department may, 
without approval of the appropriate county department under s. 
51.42 or 51.437, transfer any patient from a state treatment facil-
ity or other inpatient facility to an approved treatment facility 
which is less restrictive of the patient’s personal freedom.
2. Transfer under this paragraph may be made only if the 
transfer is consistent with the requirements of par. (a), and the de-
partment finds that the appropriate county department under s. 
51.42 or 51.437 is unable to locate an approved treatment facility 
in the community, or that the county department has acted in an 
arbitrary or capricious manner to prevent the transfer of the pa-
tient out of the state treatment facility or other inpatient facility 
contrary to medical and clinical judgment.
(dm) The department may not exercise its authority under par. 
(a) or (d) 1. to transfer a resident of the southern center for the de-
velopmentally disabled to a less restrictive setting unless the resi-
dent’s guardian or, if the resident is a minor and does not have a 
guardian, the resident’s parent provides explicit written approval 
and consent for the transfer.
(e) 1. Whenever any transfer between different treatment fa-
cilities results in a greater restriction of personal freedom for the 
patient and whenever the patient is transferred from outpatient to 
inpatient status, the department or the county department speci-
fied under par. (a) shall inform the patient both orally and in writ-
ing of his or her right to contact an attorney and a member of his 
or her immediate family, the right to have counsel provided at 
public expense, as provided under s. 51.60, and the right to peti-
tion a court in the county in which the patient is located or the 
committing court for a review of the transfer.
2. In addition to the rights and requirements specified in 
subd. 1., within 24 hours after any transfer which results in a 
greater restriction of personal freedom for the patient for a period 
of more than 5 days or any transfer from outpatient to inpatient 
status for a period of more than 5 days and if the transfer is due to 
an alleged violation of a condition of a transfer to less restrictive 
treatment, the department or the county department specified un-
der par. (a) shall ensure that the patient is provided a written 
statement of the reasons for the transfer and the facts supporting 
the transfer and oral and written notice of all of the following:
a. The requirements and rights under subds. 3. to 5.
b. The patient’s right to counsel.
c. The patient’s right to have counsel provided at public ex-
pense, as provided under s. 51.60.
d. The rights of the patient’s counsel to investigate the facts 
specified in the written statement of reasons for the transfer, to 
consult with the patient prior to the patient’s waiving a hearing 
under subd. 3., to represent the patient at all proceedings on is-
sues relating to the transfer, and to take any legal steps necessary 
to challenge the transfer.
3. Within 10 days after the transfer specified in subd. 2., a 
hearing shall be held on whether the form of treatment resulting 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.3537 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
from the transfer is least restrictive of the patient’s personal lib-
erty, consistent with the treatment needs of the patient, and on 
whether the patient violated a condition of a transfer to less re-
strictive treatment that resulted in a transfer under subd. 2. The 
hearing shall be held before a hearing officer designated by the 
director of the facility to which the patient has been transferred. 
The hearing officer may not be a person who has had direct re-
sponsibility for making treatment decisions for or providing treat-
ment to the subject individual. The patient may appear at the 
hearing, either personally or by counsel, and may present and 
cross-examine witnesses and present documentary evidence. The 
hearing may be waived by the patient only after consultation with 
counsel. Any waiver made shall be in writing and witnessed by 
the patient’s counsel.
4. The department or the county department seeking the 
transfer has the burden of proving, by a preponderance of the evi-
dence, that the form of treatment resulting from the transfer is 
least restrictive of the patient’s personal liberty, consistent with 
the treatment needs of the patient, and that the patient violated a 
condition of a transfer to less restrictive treatment that resulted in 
a transfer under subd. 2. Hearsay evidence is admissible if the 
hearing officer makes a determination that the evidence is reli-
able. Hearsay evidence may not be the sole basis for the decision 
of the hearing officer.
5. The hearing officer shall, as soon as possible after the 
hearing, issue a written statement setting forth his or her decision, 
the reasons for the decision and the facts upon which the decision 
is based. Within 30 days after the date on which the statement is 
issued, the patient or the department or the county department 
seeking the transfer may appeal the decision to a court in the 
county in which the facility to which the patient has been trans-
ferred is located or to the committing court.
6. This paragraph does not apply to a return to a more restric-
tive facility if the return occurs within 7 days after a temporary 
transfer from that facility and the return was part of a previously 
established plan of which the patient was notified at the time of 
the temporary transfer. This paragraph does not apply to a return 
of an inmate to a state or county treatment facility under s. 51.20 
(13) (cm).
(f) The transfer of a patient or resident to a medical facility for 
nonpsychiatric medical services does not constitute a transfer 
within the meaning of this chapter and does not require the proce-
dural protections for return to the original facility which are re-
quired by this section for other transfers.
(2) TRANSFER OF CERTAIN DEVELOPMENTALLY DISABLED PA-
TIENTS. The department may authorize a transfer of a patient 
from a center for the developmentally disabled to a state treat-
ment facility if the patient is mentally ill and exhibits conduct 
which constitutes a danger as described in s. 51.20 (1) (a) 2. to 
himself or herself or to others in the treatment facility where he or 
she is present. The department shall file a statement of emer-
gency detention with the committing court within 24 hours after 
receiving the person for emergency detention. The statement 
shall conform to the requirements specified in s. 51.15 (4).
(3) TRANSFER OF CERTAIN JUVENILES FROM SECURED JUVE-
NILE FACILITIES. (a) A licensed psychologist of a juvenile cor-
rectional facility or a secured residential care center for children 
and youth, or a licensed physician of a county department under 
s. 938.02 (2g) or the department of corrections, who has reason to 
believe that any individual confined in the juvenile correctional 
facility or secured residential care center for children and youth 
is, in his or her opinion, in need of services for developmental 
disability, alcoholism, or drug dependency or in need of psychi-
atric services, and who has obtained consent to make a transfer 
for treatment, shall make a report, in writing, to the superinten-
dent of the juvenile correctional facility or secured residential 
care center for children and youth, stating the nature and basis of 
the belief and verifying the consent. In the case of a minor age 14 
or older who is in need of services for developmental disability or 
who is in need of psychiatric services, the minor and the minor’s 
parent or guardian shall consent unless the minor is admitted un-
der s. 51.13 (1) (c) or unless the minor refuses to consent, in 
which case the minor’s parent or guardian may consent on behalf 
of the minor. In the case of a minor age 14 or older who is in need 
of services for alcoholism or drug dependency or a minor under 
the age of 14 who is in need of services for developmental dis-
ability, alcoholism, or drug dependency or in need of psychiatric 
services, only the minor’s parent or guardian needs to consent un-
less the minor is admitted under s. 51.13 (1) (c). The superinten-
dent shall inform, orally and in writing, the minor and the minor’s 
parent or guardian, that transfer is being considered and shall in-
form them of the basis for the request and their rights as provided 
in s. 51.13 (3) (am). If the county department or the department 
of corrections, upon review of a request for transfer, determines 
that transfer is appropriate, that department shall immediately no-
tify the department of health services and, if the department of 
health services consents, the county department or department of 
corrections may immediately transfer the individual. The depart-
ment of health services shall file a petition under s. 51.13 (4) (a) 
in the court assigned to exercise jurisdiction under chs. 48 and 
938 of the county where the treatment facility is located.
(b) The court assigned to exercise jurisdiction under chs. 48 
and 938 shall determine, based on the allegations of the petition 
and accompanying documents, whether the transfer under par. (a) 
of the minor to an inpatient facility is appropriate and consistent 
with the needs of the minor and, if the minor is 14 years of age or 
older and is being transferred for the purpose of receiving ser-
vices for developmental disability or psychiatric services, 
whether consent for the transfer was provided by the minor and 
his or her parent or guardian or whether the minor was admitted 
under s. 51.13 (1) (c). If the court is unable to make those deter-
minations based on the petition and accompanying documents, 
the court may order additional information, including an inde-
pendent evaluation, to be produced as necessary to make those 
determinations within 14 days after admission, or the court may 
hold a hearing within 14 days after admission. If a notation of the 
minor’s unwillingness appears on the face of the petition, if the 
transfer was made under a consent of the minor’s parent or 
guardian despite the minor’s refusal, or if a hearing has been re-
quested by the minor or by the minor’s counsel, guardian ad 
litem, parent, or guardian, the court shall order an independent 
evaluation of the minor, hold a hearing, and appoint counsel or a 
guardian ad litem for the minor as provided in s. 51.13 (4) (d) . 
The minor shall be informed about how to contact the state pro-
tection and advocacy agency designated under s. 51.62 (2) (a). At 
the conclusion of the hearing, the court shall approve or disap-
prove the request for transfer. If the minor is under the continuing 
jurisdiction of the court of another county, the court may order 
the case transferred together with all appropriate records to that 
court.
(c) A licensed psychologist of a juvenile correctional facility 
or a secured residential care center for children and youth or a li-
censed physician of a county department under s. 938.02 (2g) or 
the department of corrections, who has reason to believe that any 
individual confined in the juvenile correctional facility or secured 
residential care center for children and youth, in his or her opin-
ion, has a mental illness, drug dependency, or developmental dis-
ability and is dangerous as described in s. 51.20 (1) (a) 2. , or is 
dangerous and is an alcoholic or a person who is drug dependent 
as described in s. 51.45 (13) (a) 1. and 2., shall file a written re-
port with the superintendent of the juvenile correctional facility 
or secured residential care center for children and youth, stating 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 38 51.35 MENTAL HEALTH ACT
the nature and basis of the belief. If the superintendent, upon re-
view of the allegations in the report, determines that transfer is 
appropriate, he or she shall file a petition according to s. 51.20 or 
51.45 in the court assigned to exercise jurisdiction under chs. 48 
and 938 of the county where the juvenile correctional facility or 
secured residential care center for children and youth is located. 
The court shall hold a hearing according to procedures provided 
in s. 51.20 or 51.45 (13).
(d) Within a reasonable time before the expiration of the con-
finement of an individual who is transferred under par. (a), if he 
or she is still in the treatment facility, the director shall make an 
application under s. 51.20 or 51.45 (13) to the court of the county 
in which the hospital is located for an inquiry into the individual’s 
mental and physical condition, and thereafter the proceedings 
shall be as in other applications under such provisions. Notwith-
standing ss. 51.20 (1) (b) and 51.45 (13) (a), the application of the 
director of the treatment facility alone is sufficient.
(e) The department of corrections or a county department un-
der s. 938.02 (2g) may authorize emergency transfer of an indi-
vidual from a juvenile correctional facility or a secured residen-
tial care center for children and youth to a state treatment facility 
if there is cause to believe that the individual has a mental illness, 
drug dependency, or developmental disability and exhibits con-
duct that constitutes a danger as described under s. 51.20 (1) (a) 
2. a., b., c., or d. to the individual or to others, has a mental illness, 
is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., 
or is dangerous and is an alcoholic or a person who is drug depen-
dent as provided in s. 51.45 (13) (a) 1. and 2. The custodian of 
the sending juvenile correctional facility or secured residential 
care center for children and youth shall execute a statement of 
emergency detention or petition for emergency commitment for 
the individual and deliver it to the receiving state treatment facil-
ity. The department of health services shall file the statement or 
petition with the court within 24 hours after the subject individ-
ual is received for detention or commitment. The statement or 
petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). Af-
ter an emergency transfer is made, the director of the receiving fa-
cility may file a petition for continued commitment under s. 
51.20 (1) or 51.45 (13) or may return the individual to the juve-
nile correctional facility or secured residential care center for 
children and youth from which the transfer was made. As an al-
ternative to this procedure, the procedure provided in s. 51.15 or 
51.45 (12) may be used, except that no individual may be released 
without the approval of the court that directed confinement in the 
juvenile correctional facility or secured residential care center for 
children and youth.
(f) A copy of the patient’s rights established in s. 51.61 shall 
be given and explained to the minor and his or her parent or 
guardian at the time of admission by the director of the facility or 
such person’s designee.
(g) A minor 14 years of age or older who is transferred to a 
treatment facility under par. (a) for the purpose of receiving ser-
vices for developmental disability or psychiatric services and the 
minor’s parent or guardian may request in writing a return to the 
juvenile correctional facility or secured residential care center for 
children and youth, except that, if the minor refuses to make the 
request, the parent or guardian may make the request on behalf of 
the minor. In the case of a minor 14 years of age or older who is 
transferred to a treatment facility under par. (a) for the purpose of 
receiving services for alcoholism or drug dependency or a minor 
under 14 years of age who is transferred to a treatment facility un-
der par. (a) for the purpose of receiving services for developmen-
tal disability, alcoholism, or drug dependency, or psychiatric ser-
vices, the parent or guardian may make the request. Upon receipt 
of a request for return from a minor 14 years of age or older, the 
director shall immediately notify the minor’s parent or guardian, 
if available. A minor 14 years of age or older who requests and 
whose parent or guardian requests and a minor who was admitted 
under s. 51.13 (1) (c) who requests discharge in writing shall be 
returned to the juvenile correctional facility or secured residential 
care center for children and youth within 48 hours after submis-
sion of the request unless a statement is filed for emergency de-
tention or a petition is filed for emergency commitment, involun-
tary commitment, or protective placement.
(4) DISCHARGE. (a) The county department under s. 51.42 or 
51.437 shall grant a discharge from an order of commitment 
when it determines that the patient no longer meets the standard 
for recommitment under s. 51.20 (13) (g) . The county depart-
ment shall grant a discharge to a patient who is voluntarily admit-
ted to an inpatient facility if the treatment director determines 
that treatment is no longer necessary or if the individual requests 
such discharge. Discharge or retention of a patient who is volun-
tarily admitted is subject to the procedures prescribed in ss. 51.10 
(5) and 51.13 (7).
(b) The department shall grant a discharge from commitment 
or from voluntary admission for patients committed or voluntar-
ily admitted to a facility under control of the department. The 
standards applied by the department in granting a discharge shall 
be the same as those provided in par. (a). The department may 
not discharge from a commitment an individual who has been 
committed to a county department under s. 51.42 or 51.437 with-
out first obtaining approval of that county department. The de-
partment may discharge a voluntarily admitted patient if the ap-
propriate county department is notified. Transfers of patients 
may be made by the department in accordance with sub. (1).
(c) The director of an inpatient facility may grant a discharge 
or may terminate services to any patient who is voluntarily admit-
ted under s. 51.10 or 51.13 when, on the advice of the treatment 
staff, such discharge or termination is in the best interests of the 
patient.
(d) The director of an inpatient facility may, under the require-
ments of s. 51.10 (5) (c) or 51.13 (7), grant a discharge or may 
terminate services to any patient admitted under s. 51.10 or 
51.13.
(e) A discharge may be issued to a patient who participates in 
outpatient, aftercare, or follow-up treatment programs. The dis-
charge may permit the patient to receive necessary medication, 
outpatient treatment, consultation and guidance from the issuing 
facility at the request of the patient. Such discharge is not subject 
to withdrawal by the issuing agency.
(f) Notice of discharge shall be filed with the committing 
court, if any, by the department or the board which granted the 
discharge. After such discharge, if it becomes necessary for the 
individual who is discharged to have further care and treatment, 
and such individual cannot be voluntarily admitted, a new com-
mitment must be obtained, following the procedure for the origi-
nal commitment.
(4m) TRANSFER OR DISCHARGE OF PERSONS WITH SERIOUS 
AND PERSISTENT MENTAL ILLNESS. The department or county 
department under s. 51.42 or any person authorized to discharge 
or transfer patients under this section shall, prior to the discharge 
of a patient with serious and persistent mental illness from an in-
patient facility, or prior to the transfer of a patient with serious 
and persistent mental illness from inpatient to outpatient status, 
with the patient’s permission if the patient is a voluntary patient, 
do all of the following:
(a) Refer the patient to the county department under s. 51.42 
which is responsible for the patient’s care for referral to a commu-
nity support program in the county to which the patient will be 
discharged or transferred for evaluation of the need for and feasi-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.3739 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
bility of the provision of community-based services and of the 
need for and feasibility of the provision of aftercare services.
(b) Assist the patient in applying for any public assistance for 
which he or she may qualify.
(5) RESIDENTIAL LIVING ARRANGEMENTS; TRANSITIONARY 
SERVICES. The department and any person, director, or board au-
thorized to discharge or transfer patients under this section shall 
ensure that a proper residential living arrangement and the neces-
sary transitionary services are available and provided for the pa-
tient being discharged or transferred. Under this subsection, a 
proper residential living arrangement may not include a shelter 
facility, as defined under s. 16.308 (1) (d), unless the discharge or 
transfer to the shelter facility is made on an emergency basis for a 
period not to exceed 10 days.
(6) VETERANS. (a) When the department has notice that any 
person other than a prisoner is entitled to receive care and treat-
ment in a U.S. department of veterans affairs facility, the person 
may petition the department of health services for a transfer to 
such facility, and that department may procure admission to the 
facility.
(b) If an individual who is committed under s. 51.37 is enti-
tled to receive care and treatment in a U.S. department of veterans 
affairs facility, the person may petition the department of health 
services for a transfer to such facility. If the department declines 
to grant the request, it shall give the person a written reply, stating 
the reasons for its position. The decision of the department is 
subject to review by the court which passed sentence or ordered 
commitment of the person.
(7) GUARDIANSHIP AND PROTECTIVE SERVICES. Prior to dis-
charge from any state treatment facility, the department shall re-
view the possible need of a developmentally disabled individual, 
aged infirm individual, or individual with other like incapacities 
for protective services or protective placement under ch. 55 after 
discharge, including the necessity for appointment of a guardian. 
The department shall petition for guardianship, or for protective 
services or protective placement for the person if needed. When 
the department makes a petition for guardianship under this sub-
section, it shall not be appointed as guardian.
(8) HOME VISITS AND LEAVES AUTHORIZED. (a) The depart-
ment or the county department under s. 51.42 or 51.437 may 
grant to a patient or resident who is committed to it under this 
chapter, or who is admitted or transferred under this chapter to a 
facility under its supervision or operating under a contractual 
agreement with it, a home visit for up to 15 days, or a leave for 
employment or education purposes in which the patient or resi-
dent is not absent from the facility for more than 15 days.
(b) If a patient or resident who is detained under s. 51.15, 
committed under s. 51.20 or transferred under sub. (3) does not 
return to the treatment facility by the time designated in the grant-
ing of the home visit or leave, the director of the treatment facility 
may request the sheriff of the county in which the individual is 
found to return the individual to the facility. The sheriff shall act 
in accordance with s. 51.39.
(c) This subsection does not apply to persons transferred from 
a prison or jail under s. 51.37 (5).
(d) A home visit or leave does not constitute a transfer under 
this chapter, and does not require a hearing under this section or s. 
51.61.
History: 1975 c. 430 ss. 18, 81; 1977 c. 26, 29, 428; 1979 c. 110 s. 60 (1); 1981 
c. 74 s. 2; 1981 c. 314 s. 144; 1983 a. 27, 441, 474; 1985 a. 29, 176, 332; 1987 a. 
366, 403; 1989 a. 31 , 56, 107; 1991 a. 39 ; 1993 a. 451 ; 1995 a. 27 ss. 3258m, 
3259m, 9126 (19); 1995 a. 77, 292; 1997 a. 35; 1999 a. 9; 2001 a. 16 ss. 1967f to 
1967j, 4034zi; 2003 a. 33; 2005 a. 22, 264, 344, 387, 444; 2007 a. 20 ss. 1818 to 
1819, 9121 (6) (a); 2007 a. 96; 2009 a. 28; 2011 a. 32; 2013 a. 161; 2017 a. 34, 185.
NOTE: 1987 Wis. Act 366, which amended this section, contains notes by the 
Legislative Council following many of the statutes affected.
Sub. (1) (e) does not require a hearing to be conducted within ten days of a trans-
fer when the transfer is based on reasonable medical and clinical judgment under 
sub. (1) (e) 1. A hearing must be conducted within ten days of a transfer when: 1) 
the transfer “results in a greater restriction of personal freedom for the patient for a 
period of more than 5 days” or is “from outpatient to inpatient status for a period of 
more than 5 days;” and 2) the transfer is based on “an alleged violation of a condi-
tion of a transfer to less restrictive treatment” under sub. (1) (e) 2. or 3. Manitowoc 
County v. Samuel J.H., 2013 WI 68, 349 Wis. 2d 202, 833 N.W.2d 109, 12-0665.
51.37 Criminal commitments; mental health insti-
tutes. (1) All commitments under s. 975.01, 1977 stats., and s. 
975.02, 1977 stats., and under ss. 971.14 (5), 971.17 and 975.06 
shall be to the department.
(3) The Mendota and Winnebago mental health institutes 
may be used for the custody, care and treatment of persons com-
mitted or transferred thereto pursuant to this section and chs. 971 
and 975.
(4) The department may, with the approval of the committing 
court and the county department under s. 51.42 or 51.437, and 
subject to s. 51.35, transfer to the care and custody of a county de-
partment under s. 51.42 or 51.437 any person in an institution of 
the department committed under s. 971.14 or 971.17, if in its 
opinion, the mental condition of the person is such that further 
care is required and can be properly provided under the direction 
of the county department under s. 51.42 or 51.437.
(5) (a) When a health care professional of a state prison, of a 
county jail, or of the department of corrections reports in writing 
to the officer in charge of a jail or institution that any prisoner is, 
in his or her opinion, mentally ill, drug dependent, or develop-
mentally disabled and is appropriate for treatment as described in 
s. 51.20 (1), or is dangerous and is an alcoholic or a person who is 
drug dependent as described in s. 51.45 (13) (a) 1. and 2.; or that 
the prisoner is mentally ill, drug dependent, developmentally dis-
abled or is an alcoholic and is in need of psychiatric or psycholog-
ical treatment, and that the prisoner voluntarily consents to a 
transfer for treatment, the officer shall make a written report to 
the department of corrections which may transfer the prisoner if a 
voluntary application is made and the department of health ser-
vices consents. If voluntary application is not made, the depart-
ment of corrections may file a petition for involuntary commit-
ment under s. 51.20 (1) or 51.45 (13). Any time spent by a pris-
oner in an institution designated under sub. (3) or s. 51.37 (2), 
1983 stats., shall be included as part of the individual’s sentence.
(b) The department of corrections may authorize an emer-
gency transfer of an individual from a prison, jail, or other crimi-
nal detention facility to a state treatment facility if there is cause 
to believe that the individual is mentally ill, drug dependent, or 
developmentally disabled and exhibits conduct which constitutes 
a danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of phys-
ical harm to himself or herself or to others, or is mentally ill and 
satisfies the standard under s. 51.20 (1) (a) 2. e. or is dangerous 
and is an alcoholic or a person who is drug dependent as provided 
in s. 51.45 (13) (a) 1. and 2. If there is cause to believe that an in-
dividual is in active psychosis and exhibits conduct which consti-
tutes a danger as described in s. 51.20 (1) (a) 2. a., b., c., or d. of 
physical harm to himself or herself or to others and the individual 
remains in active psychosis for more than 72 hours and has not 
been stabilized, the department of corrections shall authorize the 
emergency transfer of the individual from a prison, and the sher-
iff or other keeper of a jail or other criminal detention facility 
shall authorize the emergency transfer of the individual from a 
jail or other criminal detention facility to a state treatment facility 
or, if the individual has been sentenced to prison, to the Wiscon-
sin Resource Center established under s. 46.056. The correc-
tional custodian of the sending institution and the attending 
health care professional of the sending institution shall jointly ex-
ecute a statement of emergency detention or petition for emer-
gency commitment for the individual and deliver it to the receiv-
ing state treatment facility or the Wisconsin Resource Center es-
tablished under s. 46.056. The department of health services 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 40 51.37 MENTAL HEALTH ACT
shall file the statement or petition with the court within 24 hours 
after receiving the subject individual for detention. The state-
ment or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) 
(b). After an emergency transfer is made, the director of the re-
ceiving facility or center may file a petition for continued com-
mitment under s. 51.20 (1) or 51.45 (13) or may return the indi-
vidual to the institution from which the transfer was made. As an 
alternative to this procedure, the emergency detention procedure 
in s. 51.15 or 51.45 (12) may be used, except that no prisoner may 
be released without the approval of the court which directed con-
finement in the institution. Any transportation expenses related 
to a transfer under this paragraph shall be paid for by the depart-
ment of corrections.
(bm) If an individual in active psychosis has not been trans-
ferred to a state treatment facility or the Wisconsin Resource 
Center established under s. 46.056 within 48 hours after the de-
partment of corrections authorized an emergency transfer under 
par. (b), the attending health care professional of the sending in-
stitution shall evaluate the individual every 24 hours until the in-
dividual is transferred.
(c) No state treatment facility may accept for admission an in-
dividual who is being transferred from a county jail under par. (a) 
or (b) without the approval of the county department under s. 
51.42 or 51.437 of the county in which the jail is located. No 
state treatment facility may retain such an individual beyond 72 
hours without the approval of the county department under s. 
51.42 or 51.437 of the county where the transferred individual 
has legal residence.
(6) After an emergency transfer is made, the director of the 
receiving facility may file a petition for continued commitment 
under s. 51.20 (1).
(7) Section 51.20 (18) applies to witness fees, attorney fees 
and other court fees incurred under this section.
(8) (a) Rights to reexamination under s. 51.20 (16) apply to a 
prisoner or inmate who is found to be mentally ill or drug depen-
dent except that the petition shall be made to the court that made 
the finding or, if the prisoner or inmate is detained by transfer, to 
the circuit court of the county in which he or she is detained. If 
upon rehearing it is found that the standards for recommitment 
under s. 51.20 (13) (g) no longer apply to the prisoner or inmate 
or that he or she is not in need of psychiatric or psychological 
treatment, the prisoner or inmate shall be returned to the prison 
or county jail or house of correction unless it is past his or her re-
lease date as determined under s. 302.11 or 302.113, whichever is 
applicable, in which case he or she shall be discharged.
(b) If the condition of any prisoner or inmate committed or 
transferred under this section requires psychiatric or psychologi-
cal treatment after his or her date of release as determined under 
s. 302.11 or 302.113, whichever is applicable, the director of the 
state treatment facility shall, within a reasonable time before the 
release date of the prisoner or inmate, make a written application 
to the court that committed the prisoner or inmate under sub. (5) 
(a). Thereupon, the proceeding shall be upon application made 
under s. 51.20, but no physician or psychologist who is connected 
with a state prison, Winnebago Mental Health Institute, Mendota 
Mental Health Institute, or any county jail or house of correction 
may be appointed as an examiner. If the court does not commit 
the prisoner or inmate, it may dismiss the application and order 
the prisoner or inmate returned to the institution from which he 
or she was transferred until the release date of the prisoner or in-
mate. If the court commits the prisoner or inmate for the period 
commencing upon his or her release date, the commitment shall 
be to the care and custody of the county department under s. 
51.42 or 51.437.
(9) If in the judgment of the director of Mendota Mental 
Health Institute, Winnebago Mental Health Institute or the Mil-
waukee County Mental Health Complex, any person who is com-
mitted under s. 971.14 or 971.17 is not in such condition as war-
rants his or her return to the court but is in a condition to receive 
a conditional transfer or discharge under supervision, the director 
shall report to the department of health services, the committing 
court and the district attorney of the county in which the court is 
located his or her reasons for the judgment. If the court does not 
file objection to the conditional transfer or discharge within 60 
days of the date of the report, the director may, with the approval 
of the department of health services, conditionally transfer any 
person to a legal guardian or other person, subject to the rules of 
the department of health services. Before a person is condition-
ally transferred or discharged under supervision under this sub-
section, the department of health services shall so notify the mu-
nicipal police department and county sheriff for the area where 
the person will be residing. The notification requirement does 
not apply if a municipal department or county sheriff submits to 
the department of health services a written statement waiving the 
right to be notified. The department of health services may con-
tract with the department of corrections for the supervision of 
persons who are transferred or discharged under this subsection.
(10) (a) In this subsection:
1. “Crime” has the meaning designated in s. 949.01 (1).
2. “Extended home visit or leave” means a home visit or 
leave lasting 24 hours or longer.
3. “Member of the family” means spouse, child, sibling, par-
ent or legal guardian.
4. “Victim” means a person against whom a crime has been 
committed.
(am) The director of a state treatment facility may grant to any 
patient admitted to the facility as a result of a commitment under 
ch. 971 or 975, a home visit for up to 15 days, or a leave for em-
ployment or education purposes in which the patient is not absent 
from the facility for more than 15 days.
(b) Such a home visit or leave may be granted by the depart-
ment at its discretion when it is believed to be in the best thera-
peutic interests of the patient and it is reasonably believed not to 
present a substantial risk of harm to the community.
(c) Any patient who is granted a home visit or leave under this 
subsection shall be restricted to the confines of this state unless 
otherwise specifically permitted. The patient may, in addition, be 
restricted to a particular geographic area. Other conditions ap-
propriate to the person’s treatment may also be imposed upon the 
home visit or leave.
(d) If such a patient does not return to the treatment facility by 
the time designated in the granting of the home visit or leave, or if 
the patient is believed to have violated other conditions of the 
home visit or leave, the director of the treatment facility may re-
quest the sheriff of the county in which the patient is found to re-
turn the patient to the facility. The sheriff shall act in accordance 
with s. 51.39.
(dg) If the department grants a patient an extended home visit 
or leave under this subsection, the department shall do all of the 
following in accordance with par. (dm):
1. Notify the office of the judge who committed the patient.
2. Notify the office of the district attorney who participated 
in the commitment proceedings.
3. Make a reasonable attempt to notify the victim of the 
crime committed by the patient or, if the victim died as a result of 
the crime, an adult member of the victim’s family or, if the victim 
is younger than 18 years old, the victim’s parent or legal guardian, 
after the submission of a card under par. (dx) requesting 
notification.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4041 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(dm) 1. The notice under par. (dg) shall inform the offices 
and person under par. (dg) 1. to 3. of the patient’s name and of the 
date the patient will begin the home visit or leave. The depart-
ment shall provide notice under this paragraph for a patient’s first 
extended home visit or leave and, upon request, for subsequent 
extended home visits or leaves.
2. The department shall send the notice, postmarked at least 
7 days before the patient begins the extended home visit or leave, 
to the last-known address of the offices and person under par. 
(dg) 1. to 3.
3. If the notice is for a first extended home visit or leave, the 
notice shall inform the offices and person under par. (dg) 1. to 3. 
that notification of subsequent extended home visits or leaves 
will be provided only upon request.
(dx) The department shall design and prepare cards for per-
sons specified in par. (dg) 3. to send to the department. The cards 
shall have space for these persons to provide their names and ad-
dresses, the name of the applicable patient and any other informa-
tion the department determines is necessary. The department 
shall provide the cards, without charge, to district attorneys. Dis-
trict attorneys shall provide the cards, without charge, to persons 
specified in par. (dg) 3. These persons may send completed cards 
to the department. All departmental records or portions of 
records that relate to mailing addresses of these persons are not 
subject to inspection or copying under s. 19.35 (1).
(e) The director of the facility in which the patient under par. 
(am) is detained or committed shall notify the appropriate correc-
tional officers of the department of corrections of the intention to 
grant a home visit or leave under this subsection at least 20 days 
prior to the departure of the patient from the facility.
(f) This section does not apply to persons transferred from a 
prison or jail under sub. (5).
(g) A home visit or leave does not constitute a transfer under 
this chapter and return to the facility does not necessitate a hear-
ing under s. 51.35 or 51.61.
(11) When an individual who is in the custody of or under the 
supervision of a correctional officer of the department of correc-
tions is transferred, discharged or is on unauthorized absence 
from a treatment facility, the probation, extended supervision and 
parole agent or other individual within the department of correc-
tions who is responsible for that individual’s supervision shall be 
notified as soon as possible by the director of the treatment 
facility.
History: 1975 c. 430; 1977 c. 418 ss. 360 to 362, 929 (55); 1977 c. 428 ss. 80, 81, 
115; 1977 c. 447; 1977 c. 449 s. 497; 1979 c. 32, 117, 175, 221; 1983 a. 27, 359, 
474; 1985 a. 29 ss. 1075 to 1077, 3200 (56), 3202 (23); 1985 a. 176; 1987 a. 307, 
394; 1989 a. 31, 359; 1991 a. 39, 269; 1995 a. 27 s. 9126 (19); 1995 a. 292; 1997 a. 
181, 283; 2001 a. 16 s. 4034zj; 2001 a. 103; 2007 a. 20 s. 9121 (6) (a); 2017 a. 34; 
2023 a. 229.
Cross-reference: See also ch. DHS 98, Wis. adm. code.
Persons confined in a state hospital under this section and ss. 51.20, 971.14, 
971.17, and 975.06 are being subjected to punishment within the meaning of the 
cruel and unusual punishment clause. Flakes v. Percy, 511 F. Supp. 1325 (1981).
51.375 Honesty testing of sex offenders. (1) In this 
section:
(a) “Community placement” means conditional transfer into 
the community under s. 51.35 (1), conditional release under s. 
971.17, parole from a commitment for specialized treatment un-
der ch. 975, or supervised release under ch. 980.
(b) “Lie detector” has the meaning given in s. 111.37 (1) (b).
(c) “Polygraph” has the meaning given in s. 111.37 (1) (c).
(d) “Sex offender” means a person committed to the depart-
ment who meets any of the criteria specified in s. 301.45 (1g).
(2) (a) The department may require, as a condition of a com-
munity placement, that a sex offender submit to a lie detector test 
when directed to do so by the department.
(b) The department may administer a lie detector test to a sex 
offender as part of the sex offender’s programming, care, or treat-
ment. A patient may refuse to submit to a lie detector test under 
this paragraph. This refusal does not constitute a general refusal 
to participate in treatment. The results of a lie detector test under 
this paragraph may be used only in the care, treatment, or assess-
ment of the subject or in programming for the subject. The re-
sults of a test may be disclosed only to persons employed at the 
facility at which the subject is placed who need to know the re-
sults for purposes related to care, treatment, or assessment of the 
patient, the committing court, the patient’s attorney, or the attor-
ney representing the state in a proceeding under ch. 980. The 
committing court to which the results of a test have been dis-
closed may admit the results in evidence in a proceeding under 
ch. 980.
(3) The department shall promulgate rules establishing a lie 
detector test program for sex offenders who are in a community 
placement. The rules shall provide for assessment of fees upon 
persons committed to the department to partially offset the costs 
of the program.
History: 1995 a. 440; 1999 a. 89; 2001 a. 16; 2005 a. 434.
Cross-reference: See also ch. DHS 98, Wis. adm. code.
51.38 Nonresident patients on unauthorized ab-
sence. The circuit court may order the detention of any nonres-
ident individual who is on unauthorized absence from any institu-
tion of another state for the treatment of mental illness, develop-
mental disabilities, alcoholism or drug abuse. Detention shall be 
for the period necessary to complete the deportation of that 
individual.
History: 1975 c. 430; 1977 c. 428; 1977 c. 449 s. 497.
51.39 Resident patients on unauthorized absence. If 
any patient who is admitted, transferred, or placed under s. 55.06, 
2003 stats., or s. 51.13, 51.15, 51.20, 51.35 (3), 51.37, or 51.45 
(11) (b), (12) or (13) or ch. 55, 971, 975, or 980 is on unautho-
rized absence from a treatment facility, the sheriff or any other 
law enforcement agency in the county in which the patient is 
found or in which it is believed the patient may be present, upon 
the request of the director, shall take charge of and return the pa-
tient to the facility. The costs incident to the return shall be paid 
out of the facility’s operating funds and be charged back to the 
patient’s county of residence.
History: 1975 c. 430; 1977 c. 428; 1979 c. 336; 1993 a. 479; 2005 a. 264.
51.40 Determination of residence for certain adults; 
county of responsibility. (1) DEFINITIONS. In this section:
(a) “Agency of a county department” means a public or pri-
vate organization with which a county department contracts for 
provision of services under ch. 46, 51 or 55.
(b) “Arrange or make placement” means perform any action 
beyond providing basic information concerning the availability of 
services, facilities or programs in a county to an individual or the 
individual’s family.
(c) “Capable of indicating intent” means able to express by 
words or other means an informed choice of a place to live.
(cm) “Care management organization” means a managed care 
organization that is under contract with the department to provide 
the Family Care benefit under s. 46.286, the Family Care Partner-
ship benefit described under s. 49.496 (1) (bk) 3. , or the benefit 
under the program of all-inclusive care for the elderly under 42 
USC 1395eee or 1396u-4.
(d) “County department” means a county department under s. 
46.23, 51.42 or 51.437.
(e) “County of responsibility” means the county responsible 
for funding the provision of care, treatment, or services under this 
chapter or ch. 46 or 55 to an individual.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 42 51.40 MENTAL HEALTH ACT
(em) “Facility” means a place, other than a hospital, that is li-
censed, registered, certified, or approved by the department or a 
county under ch. 50 or 51.
(f) “Guardian” means a guardian of the person appointed by a 
court under ch. 54 or ch. 880, 2003 stats.
(g) “Incapable of indicating intent” means one of the 
following:
1. The status of an individual who has a guardian.
2. The status of an individual for whom there is substantial 
evidence, based on documentation from a licensed physician or 
psychologist who has personally examined the individual and 
who has expertise concerning the type of mental disability evi-
denced by the individual, that the individual is incapable of indi-
cating intent.
(hm) “Other like incapacities” has the meaning given in s. 
55.01 (5).
(i) “Parent” has the meaning specified under s. 48.02 (13).
(j) “State facility” means a state mental health institute, center 
for the developmentally disabled, prison as specified in s. 302.01 
or a facility that is operated directly by the department of health 
services or the department of corrections.
(m) “Voluntary” has the meaning given in s. 49.001 (8).
(2) DETERMINATION OF COUNTY OF RESIDENCE. The county 
of residence of an individual aged 18 or older with developmental 
disability or serious and persistent mental illness, degenerative 
brain disorder, or other like incapacity who is residing in a facil-
ity is the county of responsibility for the individual. The county 
of residence shall be determined as follows:
(a) Directed placement. 1. ‘Commitment or protective place-
ment or protective services.’ If an individual is under a court or-
der of commitment under this chapter or protective placement or 
protective services under s. 55.06, 2003 stats., or s. 55.12, the in-
dividual remains a resident of the county in which he or she has 
residence at the time the initial commitment or initial order for 
protective placement or protective services is made. If the court 
makes no specific finding of a county of residence, the individual 
is a resident of the county in which the court is located. After no-
tice, including notice to the corporation counsel of each affected 
county by certified mail, after opportunity to be heard has been 
provided to all affected counties and parties, and if there is no ob-
jection, the court may make a specific finding of a county of res-
idence. If any affected county or party objects to the court’s pro-
posed finding, the county or party may request the department to 
make a determination under par. (g). Any transfer of venue may 
be suspended until the department’s determination is final.
2. ‘Placement by a county or care management organization.’ 
Except for the provision of emergency services under s. 51.15, 
51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) and (12), emergency 
protective services under s. 55.13, or emergency protective place-
ment under s. 55.135, if a county department, an agency of a 
county department, or a care management organization places or 
makes arrangements for placement of the individual into a facil-
ity, the individual remains a resident of the county in which the 
individual resided immediately before the individual’s initial 
placement. Any agency of the county department is deemed to 
be acting on behalf of the county department in placing or mak-
ing arrangements for placement. Placement of an individual by a 
county department, an agency of a county department, or a care 
management organization in a facility outside the jurisdiction of 
the county department, agency, or care management organization 
does not transfer the individual’s legal residence to the county in 
which the facility is located. If a resident of a county is physically 
present in another county and is in need of immediate care, the 
county in which the individual is present may provide for his or 
her immediate needs under s. 51.15, 51.20, 51.42 (1) (b), 51.437 
(4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without becoming 
the individual’s county of residence.
(b) Other admissions. If par. (a) does not apply, the county of 
residence shall be determined as follows:
1. ‘Individuals in state facilities.’ An individual who is in a 
state facility is a resident of the county in which he or she was a 
resident at the time the admission to the state facility was made. 
This subdivision may not be applied to change residence from a 
county, other than the county in which the facility is located, that 
has accepted responsibility for or provided services to the indi-
vidual before December 1, 2006.
2. ‘Individuals in nursing homes.’ The following are pre-
sumptions regarding the county of residence of an individual in a 
nursing home that may be overcome by substantial evidence that 
clearly establishes other county residence:
ag. An individual in a nursing home who was admitted under 
s. 50.04 (2r) to the nursing home after December 1, 2006, is a res-
ident of the county that approved the admission under s. 50.04 
(2r).
bg. An individual residing in a nursing home on December 1, 
2006, is a resident of the county in which the individual is physi-
cally present unless another county accepts the individual as a 
resident.
cg. If the individual had an established residence in another 
county prior to entering the nursing home; the individual or the 
individual’s guardian, if any, indicates an intent that the individ-
ual will return to that county when the purpose of entering the 
nursing home has been accomplished or when needed care and 
services can be obtained in that county; and the individual, when 
capable of indicating intent, or a guardian for the individual, has 
made no clearly documented expression to a court or county de-
partment of an intent to establish residence elsewhere since leav-
ing that county, the individual is a resident of that county.
dg. If the individual is incapable of indicating intent as deter-
mined by the county department, has no guardian, ordinarily re-
sides in another county, and is expected to return to that county 
within one year, the individual is a resident of that county.
eg. If another county has accepted responsibility for or pro-
vided services to the individual prior to December 1, 2006, the 
individual is a resident of that county.
fg. If the individual is incapable of indicating intent; the indi-
vidual was living in another county outside of a nursing home or 
state facility on December 1, 2006, or under circumstances that 
established residence in that county after December 1, 2006; and 
that county was the last county in which the individual had resi-
dence while living outside of a nursing home or state facility, the 
individual is a resident of that county.
g. If subd. 2. ag. to fg. does not apply, an individual who is in-
capable of indicating intent and is residing in a facility is a resi-
dent of the county in which the individual resided before admit-
tance to the facility.
(f) Guardian’s authority to declare county of residence. A 
guardian may declare any of the following, under any of the fol-
lowing conditions:
1. The ward is a resident of the guardian’s county of resi-
dence, if pars. (a) and (b) do not apply, if the guardian’s ward is in 
a facility and is incapable of indicating intent, and if the guardian 
is a resident of the county in which the facility is located or states 
in writing that the ward is expected to return to the guardian’s 
county of residence when the purpose of entering the facility has 
been accomplished or when needed care and services can be ob-
tained in the guardian’s county of residence.
2. The ward is a resident of the county in which the ward is 
physically present, if pars. (a) and (b) do not apply and if all of the 
following apply:
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4143 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
a. The ward’s presence in the county is voluntary.
b. There is no current order under ch. 55 in effect with re-
spect to the ward, and the ward is not under an involuntary com-
mitment order to the department of corrections or to a county 
other than the county in which the ward is physically present.
c. The ward is living in a place of fixed habitation.
d. The guardian states in writing that it is the ward’s intent to 
remain in the county for the foreseeable future.
3. The ward is a resident of the county specified by the 
guardian, regardless if a previous determination of county of res-
idence has been made, notwithstanding pars. (a) and (b) for good 
cause shown, if, in the ward’s best interest, the guardian files with 
the probate court having jurisdiction of the guardianship and pro-
tective placement a written statement declaring the ward’s domi-
ciliary intent, subject to court approval, and if notice and oppor-
tunity to be heard are provided to all affected counties and par-
ties. Notice under this subdivision shall be sent to the corpora-
tion counsel of each affected county by certified mail.
(g) Determination of county of responsibility. 1. An individ-
ual, an interested person on behalf of the individual, or any 
county may request that the department make a determination of 
the county of responsibility of the individual. Any motion for 
change of venue pending before the court of jurisdiction may be 
stayed until the determination under this paragraph is final. 
Within 10 days after receiving the request, the department shall 
provide written notice to the individual; to the individual’s 
guardian, guardian ad litem, and counsel, if any; to the individ-
ual’s immediate family, if they can be located; and to all poten-
tially responsible counties that a determination of county of re-
sponsibility shall be made and that written information and com-
ments may be submitted within 30 days after the date on which 
the notice is sent.
2. The department shall review information submitted under 
subd. 1. and make such investigation as it deems proper. Within 
30 days after the end of the period for submitting information, the 
department shall make a decision as to residence, and send a copy 
of the decision to the individual and to all involved counties. The 
decision may be appealed under s. 227.44 by the individual or the 
county determined to be responsible.
3. Pending a determination under subd. 2., a county depart-
ment which has been providing services to the individual shall 
continue to provide services if necessary to meet the individual’s 
needs. If no county department is currently providing services, 
the county in which the client is physically present shall provide 
necessary services pending the determination.
4. A determination under subd. 2. may provide for a period 
of transitional services to assure continuity of services by speci-
fying a date until which the county department which has been 
providing services shall continue to do so.
5. The decision of the department under subd. 2. is binding 
on the individual and on any county which received notice of the 
proceeding. Except as provided in the determination, the county 
determined to be the county of responsibility shall act as the 
county of responsibility immediately after receiving notice of the 
determination, and during the pendency of any appeal of the de-
termination that is brought under ch. 227.
6. The county that is determined to be the county of respon-
sibility shall reimburse any other county for all care, treatment, 
and services provided by the other county to the individual under 
ch. 46, 51, or 55. Full reimbursement by the county that is deter-
mined to be the county of responsibility shall be made within 120 
days after the date of the department’s determination of the 
county of responsibility or within 120 days after the date of the 
outcome of any appeal of the department’s determination that is 
brought under ch. 227, or by a date or under a schedule of 2 or 
more payments that is agreed to by both counties.
History: 1987 a. 27; 1989 a. 31, 359; 1995 a. 27 s. 9126 (19); 2005 a. 264, 387; 
2007 a. 20 s. 9121 (6) (a); 2007 a. 45; 2023 a. 68.
Discussing the residence of an adult who was protectively placed as a minor. 
Waukesha County v. B.D., 163 Wis. 2d 779, 472 N.W.2d 563 (Ct. App. 1991).
51.41 Milwaukee County mental health; Milwaukee 
County mental health board. (1d) MILWAUKEE COUNTY 
MENTAL HEALTH BOARD; APPOINTMENTS; REQUIREMENTS; VA-
CANCIES. (a) Milwaukee County shall establish the Milwaukee 
County mental health board.
(b) Subject to par. (d), the board shall consist of the following 
11 voting members appointed by the Milwaukee County execu-
tive for 4-year terms except for the members under subds. 10. and 
11.:
1. A psychiatrist or psychologist who is suggested by the 
Milwaukee County board of supervisors. The Milwaukee County 
board of supervisors shall solicit suggestions for psychiatrists and 
psychologists from organizations including the Wisconsin Medi-
cal Society, the Medical Society of Milwaukee, the Wisconsin 
Psychological Association, the Wisconsin Psychiatric Associa-
tion, and the Wisconsin Association of Family and Children’s 
Agencies for individuals who specialize in a full continuum of 
behavioral health services for children. The Milwaukee County 
board of supervisors shall suggest to the Milwaukee County exec-
utive 4 psychiatrists and psychologists for this board membership 
position.
2. A psychiatrist or psychologist who is suggested by the 
Milwaukee County board of supervisors. The Milwaukee County 
board of supervisors shall solicit suggestions for psychiatrists and 
psychologists from organizations including the Wisconsin Medi-
cal Society, the Medical Society of Milwaukee, the Wisconsin 
Psychological Association, the Wisconsin Psychiatric Associa-
tion, and the Milwaukee Co-occurring Competency Cadre for in-
dividuals who specialize in a full continuum of behavioral health 
services for adults. The Milwaukee County board of supervisors 
shall suggest to the Milwaukee County executive 4 psychiatrists 
and psychologists for this board membership position.
3. A representative of the community who is a consumer of 
mental health services and who is suggested by the Milwaukee 
County board of supervisors. The Milwaukee County board of 
supervisors shall solicit suggestions for individuals who have ex-
perienced mental illness or substance abuse from organizations 
including Warmline, the Milwaukee Mental Health Task Force, 
and the Milwaukee Co-occurring Competency Cadre. The Mil-
waukee County board of supervisors shall suggest to the Milwau-
kee County executive 4 representatives of the community for this 
board membership position.
4. A psychiatric mental health advanced practice registered 
nurse who is suggested by the Milwaukee County board of super-
visors. The Milwaukee County board of supervisors shall solicit 
suggestions from organizations including the Wisconsin Nurses 
Association for individuals who specialize in a full continuum of 
behavioral health and medical services including emergency de-
tention, inpatient, residential, transitional, partial hospitalization, 
intensive outpatient, and wraparound community-based services. 
The Milwaukee County board of supervisors shall suggest to the 
Milwaukee County executive 4 psychiatric mental health ad-
vanced practice registered nurses for this board membership 
position.
5. An individual specializing in finance and administration. 
The Milwaukee County executive shall solicit suggestions from 
organizations including the Wisconsin Hospital Association, the 
Wisconsin County Human Services Association, and the Public 
Policy Forum for at least 4 individuals with experience in analyz-
ing healthcare operating expenses, revenues, and reimbursement, 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 44 51.41 MENTAL HEALTH ACT
knowledge of public and private funding and systems, and exper-
tise in financial restructuring for sustainability.
6. A health care provider with experience in the delivery of 
substance abuse services. The Milwaukee County executive shall 
solicit suggestions from organizations including the Wisconsin 
Nurses Association and the Milwaukee Co-occurring Compe-
tency Cadre for at least 4 health care providers specializing in 
providing substance abuse services.
7. An individual with legal expertise. The Milwaukee 
County executive shall solicit suggestions from organizations in-
cluding the Legal Aid Society of Milwaukee, Legal Action of 
Wisconsin, Community Justice Counsel, and Disability Rights 
Wisconsin for at least 4 individuals who have legal expertise spe-
cializing in emergency detention regulatory requirements includ-
ing policies, procedures, provider responsibilities, and patient 
rights.
8. A health care provider representing community-based 
mental health service providers who is suggested by the Milwau-
kee County board of supervisors. The Milwaukee County board 
of supervisors shall solicit suggestions from organizations in-
cluding the Wisconsin Nurses Association, the Milwaukee Health 
Care Partnership, the Milwaukee Mental Health Task Force, and 
the Milwaukee Co-occurring Competency Cadre for health care 
providers specializing in community-based, recovery-oriented, 
mental health systems. The Milwaukee County board of supervi-
sors shall suggest to the Milwaukee County executive 4 health 
care providers representing community-based mental health ser-
vice providers for this board membership position.
9. An individual who is a consumer or family member repre-
senting community-based mental health service providers. The 
Milwaukee County executive shall solicit suggestions from orga-
nizations including the Milwaukee Health Care Partnership, the 
Milwaukee Mental Health Task Force, and the Milwaukee Co-oc-
curring Competency Cadre for at least 4 consumers and family 
members representing community-based mental health service 
providers.
10. The chairperson of the county community programs 
board in Milwaukee County under s. 51.42 (4), or his or her de-
signee who is not an elected official as defined in s. 5.02 (3m). If 
the chairperson of the county community programs board in Mil-
waukee County is an elected official, the chairperson shall desig-
nate a member of the county community programs board who is 
not an elected official to be a member under this subdivision.
11. The chairperson of the Milwaukee Mental Health Task 
Force, or his or her designee.
(c) Subject to par. (d), the board shall consist of the following 
2 nonvoting members appointed by the Milwaukee County execu-
tive for 4-year terms:
1. A health care provider who is an employee of a higher ed-
ucation institution suggested by the Medical College of Wiscon-
sin. The Milwaukee County executive shall solicit suggestions 
from the Medical College of Wisconsin for individuals specializ-
ing in community-based, recovery-oriented mental health sys-
tems, maximizing comprehensive community-based services, 
prioritizing access to community-based services and reducing re-
liance on institutional and inpatient care, protecting the personal 
liberty of individuals experiencing mental illness so that they 
may be treated in the least restrictive environment to the greatest 
extent possible, providing early intervention to minimize the 
length and depth of psychotic and other mental health episodes, 
diverting people from the corrections system, when appropriate, 
or maximizing the use of mobile crisis units and crisis interven-
tion training.
2. A health care provider who is an employee of a higher ed-
ucation institution suggested by the University of Wisconsin-
Madison. The Milwaukee County executive shall solicit sugges-
tions from the University of Wisconsin-Madison for individuals 
specializing in community-based, recovery-oriented mental 
health systems, maximizing comprehensive community-based 
services, prioritizing access to community-based services and re-
ducing reliance on institutional and inpatient care, protecting the 
personal liberty of individuals experiencing mental illness so that 
they may be treated in the least restrictive environment to the 
greatest extent possible, providing early intervention to minimize 
the length and depth of psychotic and other mental health 
episodes, diverting people from the corrections system, when ap-
propriate, or maximizing the use of mobile crisis units and crisis 
intervention training.
(d) 1. The Milwaukee County executive shall ensure that one 
of the members under par. (b) 1. and 2. is a psychologist.
2. A person nominating or suggesting individuals for nomi-
nation under par. (b) shall attempt to ensure that individuals sug-
gested are among the most-qualified and experienced in their 
field.
3. a. In this subdivision, “cultural competency” means the 
ability to understand and act respectfully toward, in a cultural 
context, the beliefs, interpersonal styles, attitudes, and behaviors 
of persons and families of various cultures, including persons and 
families who receive mental health services in Milwaukee 
County and persons and families who provide mental health ser-
vices in Milwaukee County.
b. Members under par. (b) collectively shall possess cultural 
competency and shall reflect the population that is serviced by 
the Milwaukee County mental health system.
4. No member of the board may be an employee of Milwau-
kee County at the time of nomination.
5. No member of the board may be a lobbyist, as defined in s. 
13.62 (11). No member of the board may directly or indirectly 
solicit or receive subscriptions or contributions for any partisan 
political party or any political purpose while appointed to the 
board. No member of the board may engage in any form of polit-
ical activity calculated to favor or improve the chances of any po-
litical party or any person seeking or attempting to hold partisan 
office. No member of the board may hold an elected office. Any 
violation of this subdivision is adequate grounds for dismissal.
6. No member under par. (b) may serve more than 2 consec-
utive terms in a membership position for which suggestions for 
nomination are made by the same individual or entity, except that 
a member may serve 3 consecutive terms in a membership posi-
tion for which suggestions for nomination are made by the same 
individual or entity if one of those 3 terms is for less than 2 years. 
An individual who has served 2 consecutive 4-year terms or 3 
consecutive terms totalling less than 10 years is eligible to be sug-
gested for nomination as a member under par. (b) after the indi-
vidual has not served on the board for 12 months.
7. Notwithstanding par. (b) 1., 2., 3., 4., and 8. and subject to 
subd. 6., if the Milwaukee County board of supervisors chooses 
to suggest a member of the Milwaukee County mental health 
board for reappointment to his or her position under par. (b) 1., 2., 
3., 4., or 8., the Milwaukee County board of supervisors is not re-
quired to solicit suggestions from organizations and is not re-
quired to submit an additional 3 suggestions to the Milwaukee 
County executive for that appointment. Notwithstanding par. (b) 
5., 6., 7., and 9. and subject to subd. 6., if the Milwaukee County 
executive chooses to reappoint a member of the Milwaukee 
County mental health board to his or her position under par. (b) 
5., 6., 7., or 9., the Milwaukee County executive is not required to 
solicit suggestions from organizations for that appointment.
8. Notwithstanding s. 59.17 (2) (c), appointment of members 
under pars. (b) and (c) to the Milwaukee County mental health 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4145 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
board is not subject to approval of the Milwaukee County board 
of supervisors.
(em) If a vacancy occurs in a board member position de-
scribed under par. (b) 1., 2., 3., 4., or 8., the Milwaukee County 
board of supervisors shall submit to the Milwaukee County exec-
utive suggested individuals to fill the vacancy in that position 
within 60 days after the vacancy occurs. If the Milwaukee 
County board of supervisors does not submit suggested individu-
als to fill a vacancy under par. (b) 1., 2., 3., 4., or 8. within 60 
days, the Milwaukee County executive may appoint an individual 
meeting the criteria in accordance with the applicable board 
member position description under par. (b) 1., 2., 3., 4., or 8. to 
fill the vacancy without suggestion by the Milwaukee County 
board of supervisors.
(f) At its first meeting in each year, the Milwaukee County 
mental health board shall elect a chairperson, vice chairperson, 
and secretary each of whom may be reelected for successive 
terms.
(g) A majority of the membership of a board constitutes a 
quorum to do business, and unless a more restrictive provision is 
adopted by the board, a majority of a quorum may act in any mat-
ter within the jurisdiction of the board.
(h) The members of the Milwaukee County mental health 
board shall be reimbursed for their actual and necessary expenses 
incurred in the performance of their duties. The members shall 
receive no compensation for their services.
(i) 1. Notwithstanding s. 17.10, a member of the Milwaukee 
County mental health board may be removed by all of the 
following:
a. If the Milwaukee County executive solicited suggestions 
for nomination, the Milwaukee County executive, for cause.
b. If the Milwaukee County board of supervisors suggested 
the member for nomination, the Milwaukee County board of su-
pervisors, for cause.
2. A member of the Milwaukee County mental health board 
shall be removed by the Milwaukee County executive for engag-
ing in an activity that disqualifies an individual from board mem-
bership under this subsection.
(1s) DUTIES OF THE BOARD. The Milwaukee County mental 
health board shall do all of the following:
(a) Oversee the provision of mental health programs and ser-
vices in Milwaukee County.
(b) Allocate moneys for mental health functions, programs, 
and services in Milwaukee County within the mental health bud-
get as defined in sub. (4) (a) 2.
(c) Make the final determination on mental health policy in 
Milwaukee County.
(d) Replace the Milwaukee County board of supervisors in all 
mental health functions that are typically performed by a county 
board of supervisors.
(e) Facilitate delivery of mental health services in an efficient 
and effective manner by making a commitment to all of the 
following:
1. Community-based, person-centered, recovery-oriented, 
mental health systems.
2. Maximizing comprehensive community-based services.
3. Prioritizing access to community-based services and re-
ducing reliance on institutional and inpatient care.
4. Protecting the personal liberty of individuals experiencing 
mental illness so that they may be treated in the least restrictive 
environment to the greatest extent possible.
5. Providing early intervention to minimize the length and 
depth of psychotic and other mental health episodes.
6. Diverting people experiencing mental illness from the cor-
rections system when appropriate.
7. Maximizing use of mobile crisis units and crisis interven-
tion training.
(f) Attempt to achieve costs savings in the provision of mental 
health programs and services in Milwaukee County.
(g) Cooperate and consult with the department on recommen-
dations for and establishing policy for inpatient mental health 
treatment facilities and related programs in Milwaukee County.
(2) POWERS OF THE BOARD; LIMITATIONS. The Milwaukee 
County mental health board may request information from the 
Milwaukee Mental Health Complex, a county department under 
s. 46.21 or 51.42 or any other Milwaukee County governmental 
unit that possesses mental health information in order to fulfill its 
duties of overseeing mental health functions, programs, and ser-
vices in Milwaukee County.
(3) PUBLIC HEARING; MEETINGS. The Milwaukee County 
mental health board shall meet 6 times each year and may meet at 
other times on the call of the chairperson or a majority of the 
board’s members. Annually, the Milwaukee County mental 
health board shall hold a public hearing in Milwaukee County as 
one of its required meetings.
(4) MILWAUKEE COUNTY MENTAL HEALTH BUDGET. (a) In 
this subsection:
1. “Community aids amount” means the amount of the men-
tal health budget that is funded from the community aids alloca-
tion received under s. 46.40.
2. “Mental health budget” means the part of the budget for 
Milwaukee County for a fiscal year that covers mental health 
functions, programs, and services in Milwaukee County.
3. “Tax levy amount” means the amount of the mental health 
budget that is funded from revenues from the tax levy.
(b) 1. The Milwaukee County mental health board shall pro-
pose to the Milwaukee County executive the total amount of the 
mental health budget, the community aids amount, and the tax 
levy amount. The Milwaukee County mental health board may 
not propose a tax levy amount that is less than $53,000,000 or 
more than $65,000,000, except as provided in subds. 5. and 6.
2. The county executive, in his or her proposed budget for 
Milwaukee County for a fiscal year, may include a tax levy 
amount that is different than the tax levy amount proposed under 
subd. 1., but the county executive may not include a tax levy 
amount that is less than $53,000,000 or more than $65,000,000, 
except as provided in subds. 5. and 6.
3. The county board of supervisors shall allocate to mental 
health functions, programs, and services an amount from the 
county’s community aids allocation received under s. 46.40 that 
maintains or increases the expenditures for mental health func-
tions, programs, and services paid from the county’s community 
aids allocation in the previous fiscal year to the extent of the 
availability of community aids funds from the state.
4. Except as provided in subds. 5. and 6., the county board of 
supervisors shall incorporate into the budget for Milwaukee 
County for a fiscal year all of the following:
a. The tax levy amount as proposed by the county executive 
under subd. 2. and the amount of the community aids allocation 
determined under subd. 3.
b. An amount equal to the total amount of the mental health 
budget proposed under subd. 1., less the community aids amount 
proposed under subd. 1. and the tax levy amount proposed under 
subd. 1.
5. If the Milwaukee County mental health board transfers to 
itself jurisdiction of a function, service, or program under sub. (5) 
(b) that it did not have jurisdiction over on April 10, 2014, the tax 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 46 51.41 MENTAL HEALTH ACT
levy amount proposed under subd. 2. is increased by an amount 
equal to the amount derived from revenue from the tax levy that 
was expended by Milwaukee County for the transferred function, 
service, or program in the fiscal year before the fiscal year in 
which the function, program, or service is transferred. The 
$65,000,000 limit imposed under subds. 1. and 2. upon the tax 
levy amount may be exceeded by the amount of the increase un-
der this subdivision in any fiscal year in which the Milwaukee 
County mental health board has jurisdiction over the transferred 
function, service, or program.
6. If a majority of the Milwaukee County mental health 
board and a majority of the Milwaukee County board of supervi-
sors approves and the Milwaukee County executive agrees the tax 
levy amount may be less than $53,000,000 or more than 
$65,000,000 for a fiscal year.
(c) Except as allowed under pars. (b) 2., 3., 4., 5., and 6. and 
(d), the Milwaukee County board of supervisors may not in a fis-
cal year provide funding, and the Milwaukee County executive 
may not in a fiscal year approve funding, for mental health func-
tions, services, and programs that is less than or more than the to-
tal amount of the mental health budget proposed under par. (b) 1. 
for that fiscal year for those mental health functions, services, 
and programs.
(d) The treasurer in Milwaukee County shall hold any moneys 
that at the end of a fiscal year have not been expended or encum-
bered from the amount budgeted for mental health functions, pro-
grams, and services in a mental health reserve fund. Moneys in 
the reserve fund may be used at any time to cover deficits in the 
Milwaukee County mental health budget. If the amount in the re-
serve fund exceeds $10,000,000, the amount exceeding 
$10,000,000 may be used at any time for any mental health func-
tion, program, or service in Milwaukee County. Moneys in the 
reserve fund may be used only for the purposes described in this 
paragraph.
(5) JURISDICTION OF MILWAUKEE COUNTY BOARD. (a) The 
Milwaukee County board of supervisors has no jurisdiction over 
any mental health policy, functions, programs, or services. The 
Milwaukee County board of supervisors may not create new 
mental health functions, programs, or services that are under the 
jurisdiction of the board of supervisors.
(b) The Milwaukee County mental health board may transfer 
jurisdiction over a Milwaukee County function, service, or pro-
gram to itself that pertains to mental health or is highly integrated 
with mental health services and that is not under its jurisdiction 
by statute, by an affirmative vote of a majority of the Milwaukee 
County mental health board members and a majority of the Mil-
waukee County board of supervisors.
(7) COUNTY DEPARTMENT REQUIREMENTS. (a) A county de-
partment under s. 46.21 or 51.42 in Milwaukee County may not 
impede the Milwaukee County mental health board in perform-
ing its duties under this section or exercising its powers under this 
section.
(b) A county department under s. 46.21 or 51.42 in Milwau-
kee County shall respond to any requests for information from the 
Milwaukee County mental health board.
(8) REPORTS; STUDIES. (a) By March 1, 2015, and annually 
by March 1 thereafter, the Milwaukee County mental health 
board shall submit to the Milwaukee County executive, the Mil-
waukee County board of supervisors, and the department a report 
including a description of the funding allocations for Milwaukee 
County’s mental health functions, services, and programs and a 
description of any improvements and efficiencies in those mental 
health functions, programs, and services. The department shall 
provide access to the report under this subsection to the public in-
cluding posting the report on the department’s Internet site.
(b) The Milwaukee County mental health board shall arrange 
for a study to be conducted on alternate funding sources for men-
tal health services and programs including fee-for-service mod-
els, managed care models that integrate mental health services 
into the contracts with an increased offset through basic county 
allocation reduction, and other funding models. By March 1, 
2016, the Milwaukee County mental health board shall submit to 
the Milwaukee County board of supervisors, the Milwaukee 
County executive, and the department a report of the results of 
the study.
(9) ADMINISTRATOR. (a) The Milwaukee County executive 
shall nominate an individual to be the administrator of any divi-
sion or branch of the department under s. 46.21 that administers 
behavioral health for Milwaukee County. The nominated individ-
ual may be hired as the administrator only upon approval of the 
Milwaukee County mental health board. If the county executive 
does not nominate an individual by June 1, 2015, the Milwaukee 
County mental health board may hire an individual to be the ad-
ministrator. Upon a vacancy in the position of administrator, if 
the county executive does not nominate an individual within 12 
months of the date the position becomes vacant, the Milwaukee 
County mental health board may hire an individual to be the 
administrator.
(b) The Milwaukee County executive shall determine the 
salary and benefits and the job duties of the administrator. The 
county executive may not assign the administrator any duties that 
are not related to mental health functions, programs, and services 
in Milwaukee County.
(c) The administrator under this subsection may be removed 
by the Milwaukee County mental health board by a vote of 8 
members of that board, the director of a county department under 
s. 46.21 in Milwaukee County, or the county executive of Mil-
waukee County.
(d) The Milwaukee County board of supervisors may not hire, 
remove, or discipline; set the salary or benefits of, or assign or re-
move any job duties of the administrator under this subsection.
(10) MENTAL HEALTH CONTRACTS. Any contract related to 
mental health with a value of at least $100,000, to which Milwau-
kee County is a party may take effect only if the Milwaukee 
County mental health board votes to approve, or does not vote to 
reject, the contract within 28 days after the contract is signed or 
countersigned by the county executive.
(11) TRANSITION LIAISON POSITION. (a) The Milwaukee 
County executive shall nominate an individual who has knowl-
edge of the services provided by and the mental health systems of 
Milwaukee County to be a transition liaison to assist the Milwau-
kee County mental health board in the transition of oversight 
functions and to ensure there is no interruption of mental health 
services. The transition liaison shall be assigned or hired to that 
position only upon approval of the Milwaukee County mental 
health board. The transition liaison shall be assigned to or em-
ployed in that position for no longer than 12 months, except that 
the county executive may grant extensions to the term of that 
position.
(b) 1. The Milwaukee County executive shall determine the 
salary and benefits and the job duties of the transition liaison as-
signed or hired under par. (a).
2. The Milwaukee County executive may remove the transi-
tion liaison assigned or hired under par. (a). If the Milwaukee 
County executive removes the transition liaison assigned or hired 
under par. (a) before the 12 months following the date of the as-
signment or hiring of the initial transition liaison have expired, 
the Milwaukee County executive shall nominate another transi-
tion liaison to serve for at least the remainder of the 12 months 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4247 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
following the date of the assignment or hiring of the initial transi-
tion liaison.
(c) The Milwaukee County board of supervisors may not hire, 
remove, or discipline; set the salary or benefits of; or assign or re-
move any job duties of the transition liaison assigned or hired un-
der this subsection.
History: 2013 a. 203; 2015 a. 195 ss. 15, 72, 83; 2017 a. 205; 2025 a. 17.
51.42 Community mental health, developmental dis-
abilities, alcoholism and drug abuse services. (1) PRO-
GRAM. (a) Purpose and intent. All of the following are the pur-
poses and intent of this section:
1. To enable and encourage counties to develop a compre-
hensive range of services offering continuity of care.
2. To utilize and expand existing governmental, voluntary 
and private community resources for provision of services to pre-
vent or ameliorate mental disabilities, including but not limited to 
mental illness, developmental disabilities, alcoholism and drug 
abuse.
3. To provide for the integration of administration of those 
services and facilities organized under this section through the 
establishment of a county department of community programs.
4. To authorize state consultative services, reviews and es-
tablishment of standards and grants-in-aid for such program of 
services and facilities.
(b) County liability. The county board of supervisors except 
in Milwaukee County, has the primary responsibility for the well-
being, treatment and care of the mentally ill, developmentally dis-
abled, alcoholic and other drug dependent citizens residing 
within its county and for ensuring that those individuals in need 
of such emergency services found within its county receive im-
mediate emergency services. In Milwaukee County, the Milwau-
kee County mental health board has the primary responsibility 
for the well-being, treatment and care of the mentally ill, alco-
holic, and other drug dependent citizens residing within Milwau-
kee County and for ensuring that those individuals in need of 
such emergency services found within Milwaukee County receive 
immediate emergency services. The county board of supervisors 
of Milwaukee County has the primary responsibility for the well-
being, treatment, and care of the developmentally disabled citi-
zens residing within Milwaukee County, except where the re-
sponsibility is delegated explicitly under this section to the Mil-
waukee County mental health board, and for ensuring that devel-
opmentally disabled individuals in need of such emergency ser-
vices found within Milwaukee County receive immediate emer-
gency services. This primary responsibility is limited to the pro-
grams, services and resources that the county board of supervi-
sors, or, as applicable, the Milwaukee County mental health 
board, is reasonably able to provide within the limits of available 
state and federal funds and of county funds required to be appro-
priated to match state funds. County liability for care and ser-
vices purchased through or provided by a county department of 
community programs established under this section shall be 
based upon the client’s county of residence except for emergency 
services for which liability shall be placed with the county in 
which the individual is found. For the purpose of establishing 
county liability, “emergency services” includes those services 
provided under the authority of s. 55.05 (4) , 2003 stats., or s. 
55.06 (11) (a) , 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or 
(12), 55.13, or 55.135 for not more than 72 hours. Nothing in this 
paragraph prevents recovery of liability under s. 46.10 or any 
other statute creating liability upon the individual receiving a ser-
vice or any other designated responsible party, or prevents reim-
bursement by the department of health services for the actual cost 
of all care and services from the appropriation under s. 20.435 (5) 
(da), as provided in s. 51.22 (3).
(2) DEFINITION. In this section, “program” means commu-
nity services and facilities for the prevention or amelioration of 
mental disabilities, including but not limited to mental illness, de-
velopmental disabilities, alcoholism and drug abuse.
(3) COUNTY DEPARTMENT OF COMMUNITY PROGRAMS. (a) 
Creation. Except as provided under s. 46.23 (3) (b), the county 
board of supervisors of any county except Milwaukee County, the 
Milwaukee County mental health board, or the county boards of 
supervisors of 2 or more counties, shall establish a county depart-
ment of community programs on a single-county or multicounty 
basis to administer a community mental health, developmental 
disabilities, alcoholism and drug abuse program, make appropri-
ations to operate the program and authorize the county depart-
ment of community programs to apply for grants-in-aid under s. 
51.423. The county department of community programs shall 
consist of a county community programs board, a county com-
munity programs director and necessary personnel.
(ar) Duties. A county department of community programs 
shall do all of the following:
1. Enter into contracts to render services to or secure services 
from other agencies or resources including out-of-state agencies 
or resources. Notwithstanding ss. 59.42 (1) and (2) (b) and 
978.05, any multicounty department of community programs 
may contract for professional legal services that are necessary to 
carry out the duties of the multicounty department of community 
programs if the corporation counsel of each county of the multi-
county department of community programs has notified the mul-
ticounty department of community programs that he or she is un-
able to provide those services in a timely manner.
2. Enter into contracts for the use of any facility as an ap-
proved public treatment facility under s. 51.45 for the treatment 
of alcoholics or persons who are drug dependent if the county de-
partment of community programs deems it to be an effective and 
economical course to follow.
3. Plan for and establish a community developmental disabil-
ities program to deliver the services required under s. 51.437 if, 
under s. 51.437 (4g) (b) , the county board of supervisors in a 
county with a single-county department of community programs 
or the county boards of supervisors in counties with a multi-
county department of community programs transfer the powers 
and duties of the county department under s. 51.437 to the county 
department of community programs. The county board of super-
visors in a county with a single-county department of community 
programs and the county boards of supervisors in counties with a 
multicounty department of community programs may designate 
the county department of community programs to which these 
powers and duties have been transferred as the administrative 
agency of the community integration programs under ss. 46.275, 
46.277 and 46.278.
4. Within the limits of available state and federal funds and 
of county funds required to be appropriated to match state funds, 
provide for the program needs of persons suffering from mental 
disabilities, including mental illness, developmental disabilities, 
alcoholism or drug abuse, by offering the following services:
a. Collaborative and cooperative services with public health 
and other groups for programs of prevention.
b. Comprehensive diagnostic and evaluation services, in-
cluding assessment as specified under ss. 114.09 (2) (bm), 343.30 
(1q) and 343.305 (10) and assessments under ss. 48.295 (1) and 
938.295 (1).
c. Inpatient and outpatient care and treatment, residential fa-
cilities, partial hospitalization, emergency care and supportive 
transitional services.
d. Related research and staff in-service training, including 
periodic training on emergency detention procedures under s. 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 48 51.42 MENTAL HEALTH ACT
51.15, emergency protective services under s. 55.13, and emer-
gency protective placement procedures under s. 55.135, for per-
sons within the jurisdiction of the county department of commu-
nity programs who are authorized to take individuals into custody 
under ss. 51.15 and 55.135. In developing in-service training on 
emergency detention and emergency protective placement proce-
dures, the county department of community programs shall con-
sult the county department of developmental disabilities services 
under s. 51.437 in counties where these departments are separate.
e. Continuous planning, development and evaluation of pro-
grams and services for all population groups.
4m. If state, federal and county funding for alcohol and other 
drug abuse treatment services provided under subd. 4. are insuffi-
cient to meet the needs of all eligible individuals, ensure that first 
priority for services is given to pregnant women who suffer from 
alcoholism or alcohol abuse or are drug dependent.
5. Prepare a local plan which includes an inventory of all ex-
isting resources, identifies needed new resources and services 
and contains a plan for meeting the needs of the mentally ill, de-
velopmentally disabled, alcoholic, drug abusers and those with 
other psychiatric disabilities for citizens residing within the juris-
diction of the county department of community programs and for 
persons in need of emergency services found within the jurisdic-
tion of the county department of community programs. The plan 
shall also include the establishment of long-range goals and inter-
mediate-range plans, detailing priorities and estimated costs and 
providing for coordination of local services and continuity of 
care. The plan shall state how the needs of homeless persons and 
adults with serious and persistent mental illness, children with 
serious emotional disturbances and minorities will be met by the 
county department of community programs. The county depart-
ment of community programs shall submit the plan to the depart-
ment for review under sub. (7) (a) 9. and s. 51.02 (1) (f) in accor-
dance with the schedule and deadlines established under sub. (7) 
(a) 9.
6. Under the supervision of the county community programs 
director, using qualified personnel with training or experience, or 
both, in mental health, developmental disabilities, or in alco-
holism and drug abuse, be responsible for the planning and im-
plementation of programs relating to mental health, developmen-
tal disabilities, alcoholism or drug abuse. A single coordinator 
may be responsible for alcoholism, drug abuse, mental health and 
developmental disabilities programs.
7. Acknowledge receipt of the notification received under s. 
115.812 (2).
8. By September 30, submit for inclusion as part of the pro-
posed county budget to the Milwaukee County mental health 
board in Milwaukee County, to the county executive or county 
administrator, or, in those counties without a county executive or 
county administrator, directly to the county board of supervisors 
in a county with a single-county department of community pro-
grams or the county boards of supervisors in counties with a mul-
ticounty department of community programs a proposed budget 
for the succeeding calendar year covering services, including ac-
tive treatment community mental health center services, based on 
the plan required under subd. 5. The final budget shall be submit-
ted to the department of health services.
9. Develop the cost of all services which it purchases based 
on the standards and requirements of s. 46.036.
11. Annually report to the department of health services re-
garding the use of any contract entered into under s. 51.87.
13. Except in an emergency, review and approve or disap-
prove all admissions to nursing homes of mentally ill persons un-
der age 65 who are residents of the county.
14. If the county board of supervisors or, as applicable, the 
Milwaukee County mental health board establishes an initiative 
to provide coordinated services under s. 59.53 (7), participate in 
and may administer the initiative, including entering into any 
written interagency agreements or contracts.
15. Submit to the department in a timely fashion, as speci-
fied by the department, any reports necessary to comply with the 
requirements under 42 USC 300x-52.
17. If authorized under s. 46.283 (1) (a) 1., apply to the de-
partment of health services to operate a resource center under s. 
46.283 and, if the department contracts with the county under s. 
46.283 (2), operate the resource center.
18. If authorized under s. 46.284 (1) (a) 1., apply to the de-
partment of health services to operate a care management organi-
zation under s. 46.284 and, if the department contracts with the 
county under s. 46.284 (2), operate the care management organi-
zation and, if appropriate, place funds in a risk reserve.
(as) Care in other facilities. 1g. In this paragraph, “county 
department” means a county department of community 
programs.
1m. A county department shall reimburse a mental health in-
stitute at the institute’s daily rate for custody of any person who is 
ordered by a court located in that county to be examined at the 
mental health institute under s. 971.14 (2) for all days that the 
person remains in custody at the mental health institute, begin-
ning 48 hours, not including Saturdays, Sundays, and legal holi-
days, after the sheriff and county department receive notice under 
s. 971.14 (2) (d) that the examination has been completed.
1r. A county department shall authorize all care of any pa-
tient in a state, local, or private facility under a contractual agree-
ment between the county department and the facility, unless the 
county department governs the facility. The need for inpatient 
care shall be determined by the program director or designee in 
consultation with and upon the recommendation of a licensed 
physician trained in psychiatry and employed by the county de-
partment or its contract agency. In cases of emergency, a facility 
under contract with any county department shall charge the 
county department having jurisdiction in the county where the 
patient is found. The county department shall reimburse the fa-
cility for the actual cost of all authorized care and services less 
applicable collections under s. 46.036, unless the department of 
health services determines that a charge is administratively infea-
sible, or unless the department of health services, after individual 
review, determines that the charge is not attributable to the cost of 
basic care and services. Except as provided in subd. 1m., a 
county department may not reimburse any state institution or re-
ceive credit for collections for care received in a state institution 
by nonresidents of this state, interstate compact clients, transfers 
under s. 51.35 (3), transfers from Wisconsin state prisons under s. 
51.37 (5) (a) , commitments under s. 975.01, 1977 stats., or s. 
975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions 
under s. 975.17, 1977 stats., or children placed in the guardian-
ship of the department of children and families under s. 48.427 or 
48.43 or under the supervision of the department of corrections 
under s. 938.183 or 938.355. The exclusionary provisions of s. 
46.03 (18) do not apply to direct and indirect costs that are attrib-
utable to care and treatment of the client.
2. If a mental health institute has provided a county depart-
ment with service, the department of health services shall regu-
larly collect for the cost of care from the county department. If 
collections for care from the county department and from other 
sources exceed current billings, the difference shall be remitted to 
the county department through the appropriation under s. 20.435 
(2) (gk). For care provided on and after February 1, 1979, the de-
partment of health services shall adjust collections from medical 
assistance to compensate for differences between specific rate 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4249 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
scales for care charged to the county department and the average 
daily medical assistance reimbursement rate. The department of 
health services shall deduct the amount due from a county de-
partment under this subdivision from any payment due from the 
department of health services to the county department.
3. Care, services and supplies provided after Decem-
ber 31, 1973, to any person who, on December 31, 1973, was in 
or under the supervision of a mental health institute, or was re-
ceiving mental health services in a facility authorized by s. 51.08 
or 51.09, but was not admitted to a mental health institute by the 
department of health services, shall be charged to the county de-
partment which was responsible for such care and services at the 
place where the patient resided when admitted to the institution. 
The department of health services may bill county departments 
for care provided at the mental health institutes at rates which the 
department of health services sets on a flexible basis, except that 
this flexible rate structure shall cover the cost of operations of the 
mental health institutes.
(aw) Powers. 1. Within the limits of state and county appro-
priations and maximum available funding from other sources, a 
county department of community programs may provide for the 
program needs of persons suffering from mental disabilities, in-
cluding but not limited to mental illness, developmental disabil-
ity, alcoholism or drug abuse, by offering the following services:
a. Precare, aftercare and rehabilitation and habilitation 
services.
b. Professional consultation.
c. Public informational and educational services.
d. Provide treatment and services that are specified in a con-
ditional release plan approved by a court for a person who is a 
county resident and is conditionally released under s. 971.17 (3) 
or (4) or that are specified in a supervised release plan approved 
by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 
stats., or s. 980.08 (4) (g) . If the county department provides 
treatment and services under this subdivision, the department of 
health services shall, from the appropriation under s. 20.435 (2) 
(bj), pay the county department for the costs of the treatment and 
services.
2. A county department of community programs may allo-
cate services among service recipients to reflect the availability 
of limited resources.
3. A county department of community programs may own, 
lease or manage real property for the purposes of operating a 
treatment facility.
(b) Other powers and duties. The county board of supervi-
sors of any county with a single-county department of commu-
nity programs, the Milwaukee County mental health board, and 
the county boards of supervisors of counties with a multicounty 
department of community programs may designate the county 
department of community programs as the administrator of any 
other county health care program or institution, but the operation 
of such program or institution is not reimbursable under s. 
51.423.
(bm) Educational services. A county department of commu-
nity programs may not furnish services and programs provided 
by the department of public instruction and local educational 
agencies.
(c) Multicounty contract. No grant-in-aid may be made under 
s. 51.423 to any multicounty department of community programs 
until the counties which established the multicounty department 
of community programs have drawn up a detailed contractual 
agreement, approved by the secretary, setting forth the plans for 
joint sponsorship.
(e) Exchange of information. Notwithstanding ss. 46.2895 
(9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 
(3), 146.82, 252.11 (7), 253.07 (3) (c) , and 938.78 (2) (a) , any 
subunit of a county department of community programs or tribal 
agency acting under this section may exchange confidential infor-
mation about a client, without the informed consent of the client, 
with any other subunit of the same county department of commu-
nity programs or tribal agency, with a resource center, a care 
management organization, or a long-term care district, or with 
any person providing services to the client under a purchase of 
services contract with the county department of community pro-
grams or tribal agency or with a resource center, care manage-
ment organization, or long-term care district, if necessary to en-
able an employee or service provider to perform his or her duties, 
or to enable the county department of community programs or 
tribal agency to coordinate the delivery of services to the client. 
Any agency releasing information under this paragraph shall doc-
ument that a request was received and what information was 
provided.
(4) COUNTY COMMUNITY PROGRAMS BOARD. (a) Appoint-
ment. 1. Except as provided under subd. 2., the county board of 
supervisors of every county with a single-county department of 
community programs or the county boards of supervisors in 
counties with a multicounty department of community programs 
shall, before qualification under this section, appoint a governing 
and policy-making board to be known as the county community 
programs board. A county community programs board ap-
pointed under this subdivision shall govern the single-county or 
multicounty department of community programs and shall as-
sume all of the powers and duties of the county department of 
community programs under sub. (3) (ar) to (bm). A member of a 
county community programs board appointed under this subdivi-
sion may be removed from office under the following 
circumstances:
a. By a two-thirds vote of each county board of supervisors 
participating in the appointment, on due notice in writing.
b. If the member when appointed was a member of the 
county board of supervisors and the member is not reelected to 
that office, on due notice in writing.
2. In any county with a county executive or county adminis-
trator and which has established a single-county department of 
community programs, the county executive or county administra-
tor shall appoint, subject to confirmation by the Milwaukee 
County mental health board in Milwaukee County or the county 
board of supervisors, the county community programs board, 
which shall be only a policy-making body determining the broad 
outlines and principles governing the administration of programs 
under this section. A member of a county community programs 
board appointed under this subdivision may be removed by the 
county executive or county administrator on due notice in 
writing.
(b) Composition. 1. In a single-county department of com-
munity programs the county community programs board shall be 
composed of not less than 9 nor more than 15 persons of recog-
nized ability and demonstrated interest in the problems of the 
mentally ill, developmentally disabled, alcoholic or drug depen-
dent persons and shall have representation from the interest group 
of the mentally ill, the interest group of the developmentally dis-
abled, the interest group of the alcoholic and the interest group of 
the drug dependent. At least one member appointed to a county 
community programs board shall be an individual who receives 
or has received services for mental illness, developmental disabil-
ity, alcoholism or drug dependency or shall be a family member 
of such an individual. No more than 5 members may be ap-
pointed from the county board of supervisors.
2. In a multicounty department of community programs, the 
county community programs board shall be composed of 11 
members with 3 additional members for each county in a multi-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 50 51.42 MENTAL HEALTH ACT
county department of community programs in excess of 2. Ap-
pointments shall be made by the county boards of supervisors of 
the counties in a multicounty department of community pro-
grams in a manner acceptable to the counties in the multicounty 
department of community programs and shall have representa-
tion from the interest group of the mentally ill, the interest group 
of the developmentally disabled, the interest group of the alco-
holic and the interest group of the drug dependent. At least one 
member appointed to a county community programs board shall 
be an individual who receives or has received services for mental 
illness, developmental disability, alcoholism or drug dependency 
or shall be a family member of such an individual. Each of the 
counties in the multicounty department of community programs 
may appoint to the county community programs board not more 
than 3 members from its county board of supervisors.
(d) Term. The term of office of any member of a county com-
munity programs board shall be 3 years, but of the members first 
appointed, at least one-third shall be appointed for one year; at 
least one-third for 2 years; and the remainder for 3 years. Vacan-
cies shall be filled for the residue of the unexpired term in the 
manner that original appointments are made.
(5) POWERS AND DUTIES OF COUNTY COMMUNITY PROGRAMS 
BOARD IN CERTAIN COUNTIES. (a) A county community pro-
grams board appointed under sub. (4) (a) 1. shall do all of the 
following:
1. Establish long-range goals and intermediate-range plans, 
detail priorities and estimate costs.
2. Develop coordination of local services and continuity of 
care where indicated.
3. Utilize available community resources and develop new 
resources necessary to carry out the purposes of this section.
4. Appoint a county community programs director, subject to 
the approval of each county board of supervisors which partici-
pated in the appointment of the county community programs 
board, on the basis of recognized and demonstrated interest in 
and knowledge of the problems of mental health, developmental 
disability, alcoholism and drug addiction, with due regard to 
training, experience, executive and administrative ability, and 
general qualification and fitness for the performance of the duties 
of the county community programs director under sub. (6). The 
county board of supervisors in a county with a single-county de-
partment of community programs or the county boards of super-
visors in counties with a multicounty department of community 
programs may delegate this appointing authority to the county 
community programs board.
5. Fix the salaries of the employees of the county department 
of community programs, subject to the approval of each county 
board of supervisors which participated in the appointment of the 
county community programs board unless such county board of 
supervisors elects not to review the salaries.
6. Prepare a proposed budget for submission to the county 
board and a final budget for submission to the department of 
health services in accordance with s. 46.031 (1).
7. Appoint committees consisting of residents of the county 
to advise the county community programs board as it deems 
necessary.
8. Develop county community programs board operating 
procedures.
9. Comply with state requirements.
10. Assist in arranging cooperative working agreements with 
persons providing health, education, vocational or welfare ser-
vices related to services provided under this section.
11. Evaluate service delivery.
12. Determine, subject to the approval of the county board of 
supervisors in a county with a single-county department of com-
munity programs or the county boards of supervisors in counties 
with a multicounty department of community programs and with 
the advice of the county community programs director appointed 
under subd. 4., whether services are to be provided directly by the 
county department of community programs or contracted for 
with other providers and make such contracts. The county board 
of supervisors in a county with a single-county department of 
community programs or the county boards of supervisors in 
counties with a multicounty department of community programs 
may elect to require the approval of any such contract by the 
county board of supervisors in a county with a single-county de-
partment of community programs or the county boards of super-
visors in counties with a multicounty department of community 
programs.
(b) Subject to the approval of the county board of supervisors 
in a county with a single-county department of community pro-
grams or the county boards of supervisors in counties with a mul-
ticounty department of community programs and with the advice 
of the county community programs director appointed under par. 
(a) 4., a county community programs board appointed under sub. 
(4) (a) 1. may, together with a private or public organization or af-
filiation, do all of the following:
1. Organize, establish and participate in the governance and 
operation of an entity to operate, wholly or in part, any mental 
health-related service.
2. Participate in the financing of the entity under subd. 1.
3. Provide administrative and financial services or resources 
for operation of the entity under subd. 1. on terms prescribed by 
the county board of supervisors.
(5a) POWERS AND DUTIES OF COUNTY COMMUNITY PRO-
GRAMS BOARD IN CERTAIN COUNTIES WITH A COUNTY EXECU-
TIVE OR COUNTY ADMINISTRATOR. (a) A county community pro-
grams board appointed under sub. (4) (a) 2. shall do all of the 
following:
1. Appoint committees consisting of residents of the county 
to advise the county community programs board as it deems 
necessary.
2. Recommend program priorities, identify unmet service 
needs and prepare short-term and long-term plans and budgets for 
meeting such priorities and needs.
3. Prepare, with the assistance of the county community pro-
grams director appointed under sub. (6m), a proposed budget for 
submission to the county executive or county administrator and a 
final budget for submission to the department of health services 
in accordance with s. 46.031 (1) for authorized services.
4. Advise the county community programs director ap-
pointed under sub. (6m) regarding purchasing and providing ser-
vices and the selection of purchase of service vendors, and make 
recommendations to the county executive or county administrator 
regarding modifications in such purchasing, providing and 
selection.
5. Develop county community programs board operating 
procedures.
6. Comply with state requirements.
7. Assist in arranging cooperative working agreements with 
persons providing health, education, vocational or welfare ser-
vices related to services provided under this section.
8. Advise the county community programs director regard-
ing coordination of local services and continuity of care.
(b) The county community programs director, subject only to 
the supervision of the county executive or county administrator, 
may do all of the following:
1. Organize, establish and participate in the governance and 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4251 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
operation of an entity to operate, wholly or in part, any mental 
health-related service.
2. Participate in the financing of the entity under subd. 1.
3. Provide administrative and financial services or resources 
for operation of the entity under subd. 1. on terms prescribed by 
the county executive or county administrator.
(6) POWERS AND DUTIES OF COUNTY COMMUNITY PROGRAMS 
DIRECTOR IN CERTAIN COUNTIES. A county community pro-
grams director appointed under sub. (5) (a) 4. shall have all of the 
administrative and executive powers and duties of managing, op-
erating, maintaining, and improving the programs of the county 
department of community programs, subject to such delegation 
of authority as is not inconsistent with this section and the rules 
of the department of health services promulgated under this sec-
tion. In consultation and agreement with the county community 
programs board, the county community programs director ap-
pointed under sub. (5) (a) 4. shall do all of the following:
(a) Prepare an annual comprehensive plan and budget of all 
funds necessary for the program and services authorized by this 
section in which priorities and objectives for the year are estab-
lished as well as any modifications of long-range objectives.
(b) Prepare intermediate-range plans.
(c) Prepare an annual report of the operation of the program.
(d) Prepare other reports as are required by the secretary and 
the county board of supervisors in a county with a single-county 
department of community programs or the county boards of su-
pervisors in counties with a multicounty department of commu-
nity programs.
(e) Make recommendations to the county community pro-
grams board under sub. (5) for all of the following:
1. Personnel and the salaries of employees.
2. Changes in program services.
(f) After consultation with the county community programs 
board, administer the duties of the county department of commu-
nity programs under sub. (3) (aw) 2.
(g) Comply with state requirements.
(6m) COUNTY COMMUNITY PROGRAMS DIRECTOR IN CER-
TAIN COUNTIES WITH A COUNTY EXECUTIVE OR COUNTY ADMIN-
ISTRATOR. In any county with a county executive or county ad-
ministrator in which the county board of supervisors or the Mil-
waukee County mental health board has established a single-
county department of community programs, the county executive 
or county administrator shall appoint and supervise the county 
community programs director. In any county with a population 
of 750,000 or more, the county executive or county administrator 
shall appoint the director of the county department of human ser-
vices under s. 46.21 as the county community programs director. 
The appointment of a county community programs director un-
der this subsection shall be on the basis of recognized and 
demonstrated interest in and knowledge of the problems of men-
tal health, intellectual disability, alcoholism and drug addiction, 
with due regard to training, experience, executive and administra-
tive ability, and general qualification and fitness for the perfor-
mance of the duties of the director. The appointment of a county 
community programs director under this subsection is subject to 
confirmation by the county board of supervisors, except in Mil-
waukee County, unless the county board of supervisors, by ordi-
nance, elects to waive confirmation or unless the appointment is 
made under a civil service system competitive examination pro-
cedure established under s. 59.52 (8) or ch. 63. The county com-
munity programs director, subject only to the supervision of the 
county executive or county administrator, shall:
(a) Supervise and administer any program established under 
this section, subject to such delegation of authority as is not in-
consistent with this section and the rules of the department of 
health services promulgated under this section.
(b) Determine administrative and program procedures.
(c) Determine, subject to the approval of the county board of 
supervisors or the Milwaukee County mental health board, as ap-
plicable, and with the advice of the county community programs 
board, whether services are to be provided directly by the county 
department of community programs or contracted for with other 
providers and make such contracts. The county board of supervi-
sors, except in Milwaukee County, or the Milwaukee County 
mental health board in Milwaukee County may elect to require 
the approval of any such contract by the county board of supervi-
sors or the Milwaukee County mental health board.
(e) Assist the county community programs board under sub. 
(5a) in the preparation of the budgets required under sub. (5a) (a) 
3.
(f) Make recommendations to the county executive or county 
administrator regarding modifications to the proposed budget 
prepared by the county community programs board under sub. 
(5a) (a) 3.
(g) Evaluate service delivery.
(h) After consultation with the county community programs 
board under sub. (5a), administer the duties of the county depart-
ment of community programs under sub. (3) (aw) 2.
(i) Establish salaries and personnel policies of the programs 
of the county department of community programs subject to ap-
proval of the county executive or county administrator and county 
board of supervisors, except in Milwaukee County, or the Mil-
waukee County mental health board in Milwaukee County unless 
the county board of supervisors or the Milwaukee County mental 
health board elects not to review the salaries and personnel 
policies.
(j) Perform other functions necessary to manage, operate, 
maintain and improve programs.
(k) Comply with state requirements.
(L) Utilize available community resources and develop new 
resources necessary to carry out the purposes of this section.
(m) In consultation with the county community programs 
board under sub. (5a), prepare:
1. Intermediate-range plans and budget.
2. An annual report of the operation of the county depart-
ment of community programs.
3. Such other reports as are required by the secretary and the 
county board of supervisors or, as applicable, the Milwaukee 
County mental health board.
(n) Provide for coordination of local services and continuity 
of care.
(7) DUTIES OF THE DEPARTMENT OF HEALTH SERVICES. (a) 
The department of health services shall:
1. Review requests and certify county departments of com-
munity programs and community mental health programs to as-
sure that those county departments and those programs are in 
compliance with this section.
2. Periodically review and evaluate county departments of 
community programs to assure compliance with this section. 
The review shall include a periodic assessment of need which 
shall separately identify elements of service required under this 
section. The periodic review of community mental health pro-
grams shall be made at least once every 36 months, except that all 
of the following apply:
a. The secretary may require annual review of a community 
mental health program that, in the immediately preceding 36 
months, substantially failed to comply with the requirements for 
certification or was the subject of grievances or an investigation.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 52 51.42 MENTAL HEALTH ACT
b. The department may review and evaluate a community 
mental health program at any time.
2m. Review and evaluate at random at least 5 community 
mental health programs each year. Review and evaluation under 
this subdivision may be coincident with or in addition to that 
made under subd. 2. and may be conducted with or without notice 
to a community mental health program.
3. Provide consultative staff services to communities to as-
sist in ascertaining local needs and in planning, establishing and 
operating programs.
3m. Develop a training curriculum for use in training mem-
bers of county community programs boards and county human 
services boards. The training curriculum shall delineate the 
board members’ roles and responsibilities and shall provide infor-
mation on client groups served and programs provided by the 
county department of community programs or human services. 
In developing the training curriculum, the department shall con-
sult with representatives of county interests, consumer and advo-
cacy groups and community mental health program providers. 
The department shall submit the training curriculum to the coun-
cil on mental health under s. 51.02 (1) (h) for the council’s review 
and comment.
3r. Establish a training schedule that ensures that county 
community programs boards and county human services boards 
in all geographical areas of the state are provided access to train-
ing under the training curriculum under subd. 3m. once every 2 
years.
4. Develop and implement a uniform cost reporting system 
according to s. 46.18 (8) to (10).
5. Ensure that county departments of community programs 
that elect to provide special education programs to children aged 
3 years and under comply with requirements established by the 
department of public instruction.
6. Provide, as available after provision of services under s. 
51.05 (6), the following:
a. Mental health outpatient and follow-up services appropri-
ate for hearing-impaired mentally ill individuals, including advo-
cacy training relating to the rights of mentally ill individuals.
b. Technical assistance to a county department of community 
programs concerning provision of services to hearing-impaired 
mentally ill individuals.
7. Develop a program in consultation with the department of 
safety and professional services to use voluntary, uncompensated 
services of licensed or certified professionals to assist the depart-
ment of health services in evaluating community mental health 
programs in exchange for continuing education credits for the 
professionals under ss. 448.40 (2) (e) and 455.065 (5).
8. Enter into an agreement with an institution of higher edu-
cation or a private, nonprofit organization to develop a commu-
nity mental health client survey prototype. The department shall 
attempt to secure a grant to fund the development of the survey 
prototype.
9. Develop a model community mental health plan available 
for use by counties and to assist them in developing their commu-
nity plans as required under sub. (3) (ar) 5. In the process of de-
veloping the model community mental health plan, the depart-
ment shall select 6 counties, both urban and rural, to submit plans 
to the department for review. The department shall revise the 
model plan, if necessary, considering the comments of the 6 
counties selected. The department shall also consult with the 
council on mental health and with groups that represent counties, 
consumers of mental health services and family members of the 
consumers in developing the model community mental health 
plan. The department shall establish a schedule that requires 
each county in this state to submit a plan under sub. (3) (ar) 5. 
once every 3 years, in accordance with deadlines established by 
the subunit of the department with jurisdiction over community 
mental health. The department, in conjunction with the council 
on mental health, shall review the plans submitted by counties.
(b) The department shall promulgate rules which do all of the 
following:
1. Govern the administrative structure deemed necessary to 
administer community mental health, developmental disabilities, 
alcoholism and drug abuse services.
2. Establish uniform cost record-keeping requirements.
3. Prescribe standards for qualifications and salaries of 
personnel.
4. Prescribe standards for quality of professional services.
5. Prescribe requirements for in-service and educational 
leave programs for personnel.
6. Prescribe standards for establishing patient fee schedules.
7. Govern eligibility of patients to the end that no person is 
denied service on the basis of age, race, color, creed, location or 
inability to pay.
7m. Define “first priority for services” under and otherwise 
implement sub. (3) (ar) 4m.
8. Prescribe such other standards and requirements as may 
be necessary to carry out the purposes of this section.
9. Promulgate rules establishing medication procedures to be 
used in the delivery of mental health services.
10. Establish criteria for the level of scrutiny for evaluation 
of community mental health programs.
11. Prescribe requirements for certification of community 
mental health programs, except as provided in s. 51.032, includ-
ing all of the following:
a. A requirement that, as part of the certification process, 
community mental health programs must demonstrate that their 
staff have knowledge of laws, regulations and standards of prac-
tice which apply to the program and its clients.
b. A requirement that, when conducting certifications, certi-
fication staff must use a random selection process in reviewing 
client records.
c. A requirement that certification staff conduct client inter-
views as part of the certification process.
d. A requirement that certification staff provide certification 
results to the community mental health program reviewed, to 
subunits within the department responsible for community men-
tal health program monitoring and to the county department un-
der this section in which the community mental health program is 
located upon completion of certification.
Cross-reference: See also ch. DHS 35, Wis. adm. code.
(c) The secretary shall designate the subunit of the depart-
ment that is responsible for supervising the grievance process for 
clients of mental health services.
(d) By January 1, 2015, and by January 1 of each odd-num-
bered year thereafter, the department shall submit to the legisla-
ture under s. 13.172 (2) a report that describes mental health ser-
vices and programs provided by counties and regions comprised 
of multiple counties.
(8) CONSTRUCTION. (a) Any reference in any law to a county 
department of community programs applies to a county depart-
ment under s. 46.23 in its administration of the powers and duties 
of the county department of community programs under s. 46.23 
(3) (b) or applies to a county department under s. 46.21 (2m) in 
its administration of the powers and duties of the county depart-
ment of community programs under s. 46.21 (2m) (b) 1. a.
(b) 1. Any reference in any law to a county community pro-
grams director appointed under sub. (5) (a) 4. applies to the direc-
tor of a county department appointed under s. 46.23 (5) (f) in his 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.42253 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
or her administration of the powers and duties of that county 
community programs director.
2. Any reference in any law to a county community programs 
director appointed under sub. (6m) (intro.) applies to the director 
of a county department appointed under s. 46.23 (6m) (intro.) or 
appointed under s. 46.21 (1m) (a) in his or her administration of 
the powers and duties of that county community programs 
director.
(c) 1. Any reference in any law to a county community pro-
grams board appointed under sub. (4) (a) 1. applies to the board 
of a county department appointed under s. 46.23 (4) (b) 1. in its 
administration of the powers and duties of that county commu-
nity programs board.
2. a. Except as provided in subd. 2. b., reference in any law to 
a county community programs board appointed under sub. (4) (a) 
2. applies to the board of a county department appointed under s. 
46.23 (4) (b) 2. in its administration of the powers and duties of 
that county community programs board.
b. Any reference in any law to a county community programs 
board appointed under sub. (4) (a) 2. is limited, with respect to 
the county department of human services under s. 46.21 (2m), to 
the powers and duties of the county community programs board 
as specified in sub. (5a).
History: 1971 c. 125; 1973 c. 90, 198, 333, 336; 1975 c. 39, 198, 199, 224, 422; 
1975 c. 428 s. 16; 1975 c. 430 ss. 24 to 31, 80; 1977 c. 26 ss. 37, 38, 75; 1977 c. 29 
ss. 612 to 623p, 1656 (18); 1977 c. 193; 1977 c. 203 s. 106; 1977 c. 272; 1977 c. 354 
s. 101; 1977 c. 418, 428, 447; 1979 c. 34, 117, 177, 221, 330, 355; 1981 c. 20 ss. 923 
to 942, 2202 (20) (d), (n), (q); 1981 c. 93 ss. 105 to 122, 186; 1981 c. 329; 1983 a. 27 
ss. 1106 to 1112, 2202 (20); 1983 a. 189 ss. 44, 329 (5); 1983 a. 192, 239, 365, 375, 
524; 1985 a. 29, 120, 176; 1987 a. 3, 27, 199, 339, 366; 1989 a. 31, 122; 1991 a. 39, 
274, 315; 1993 a. 16, 437, 445; 1995 a. 27 ss. 3260 to 3262, 9126 (19), 9145 (1); 
1995 a. 64, 77, 92, 201, 224, 276, 352, 417; 1997 a. 27, 164, 237, 268; 1999 a. 9; 
2001 a. 10, 16, 38; 2003 a. 320; 2005 a. 264, 388, 431, 434; 2007 a. 20 ss. 1819m to 
1821, 9121 (6) (a); 2007 a. 45, 97; 2009 a. 28, 180, 276, 334; 2011 a. 32, 126; 2013 
a. 203, 251; 2015 a. 55; 2017 a. 34, 150; 2019 a. 9; 2021 a. 240 s. 30.
Cross-reference: See also chs. DHS 34, 40, 61, 63, and 75, Wis. adm. code.
Costs could not be assessed under sub. (1) (b) against the subject of an emergency 
protective placement proceeding that was outside of the statutory guidelines under s. 
55.06 (11) [now s. 55.135]. Ethelyn I.C. v. Waukesha County, 221 Wis. 2d 109, 584 
N.W.2d 211 (Ct. App. 1998), 97-2236.
Members of a county board appointed to a unified board, created under sub. (4) 
(b), serve for the full term for which appointed, without reference to the termination 
of their office as county board members by election defeat. 63 Atty. Gen. 203.
The corporation counsel should provide legal advice and representation to boards 
under this section and s. 51.437 as well as to the county board. 63 Atty. Gen. 468.
Discussing liability, reimbursement, and collection for services provided under 
programs under this section and s. 51.437. 63 Atty. Gen. 560. See also 65 Atty. 
Gen. 49.
The county board of supervisors may require its approval of contracts for pur-
chase of services by a community services board if it so specified in its coordinated 
plan and budget. Otherwise it may not. 69 Atty. Gen. 128.
Menominee Tribe members are eligible to participate in voluntary programs, but 
the state cannot accept tribe members into involuntary programs on the basis of 
tribal court orders alone. 70 Atty. Gen. 219.
A multicounty board under this section and s. 51.437 may retain private legal 
counsel only when the corporation counsel of each county, or the district attorney of 
each county not having a corporation counsel, notifies the board that he or she is un-
able to provide specific services in a timely manner. 73 Atty. Gen. 8.
The appointing authority has broad discretion to determine the interests and abil-
ities of persons appointed to a “51.42 board.” 78 Atty. Gen. 56.
Counties may enter into joint agreements to collectively furnish and fund nursing 
home services if the agreements do not violate federal and state Medicaid statutes 
and regulations prohibiting supplementation. Assessments resulting from such 
agreements that are computed without reference to and are not attributable to pur-
chase of services contracts involving particular Medicaid patients would not be con-
sidered supplementation. Assessments that are computed with reference to or are at-
tributable to purchase of services contracts involving particular Medicaid patients 
are not permissible. The validity of hybrid assessments that do not fit solely within 
either one of those two categories must be determined on a case-by-case basis. OAG 
4-09.
51.421 Community support programs. (1) PURPOSE. 
In order to provide the least restrictive and most appropriate care 
and treatment for persons with serious and persistent mental ill-
ness, community support programs should be available in all 
parts of the state. In order to integrate community support pro-
grams with other long-term care programs, community support 
programs shall be coordinated, to the greatest extent possible, 
with the protective services system in a county, with the medical 
assistance program under subch. IV of ch. 49 and with other care 
and treatment programs for persons with serious and persistent 
mental illness.
(2) SERVICES. If funds are provided, and within the limits of 
the availability of funds provided under s. 51.423 (2) , each 
county department under s. 51.42 shall establish a community 
support program. Each community support program shall use a 
coordinated case management system and shall provide or assure 
access to services for persons with serious and persistent mental 
illness who reside within the community. Services provided or 
coordinated through a community support program shall include 
assessment, diagnosis, identification of persons in need of ser-
vices, case management, crisis intervention, psychiatric treat-
ment including medication supervision, counseling and psy-
chotherapy, activities of daily living, psychosocial rehabilitation 
which may include services provided by day treatment programs, 
client advocacy including assistance in applying for any financial 
support for which the client may be eligible, residential services 
and recreational activities. Services shall be provided to an indi-
vidual based upon his or her treatment and psychosocial rehabili-
tation needs.
(3) DEPARTMENTAL DUTIES. The department shall:
(a) Promulgate rules establishing standards for the certified 
provision of community support programs by county depart-
ments under s. 51.42, except as provided in s. 51.032. The de-
partment shall establish standards that ensure that providers of 
services meet federal standards for certification of providers of 
community support program services under the medical assis-
tance program, 42 USC 1396 to 1397e. The department shall de-
velop the standards in consultation with representatives of county 
departments under s. 51.42, elected county officials and con-
sumer advocates.
(b) Ensure the development of a community support program 
in each county through the provision of technical assistance, con-
sultation and funding.
(c) Monitor the establishment and the continuing operation of 
community support programs and ensure that community sup-
port programs comply with the standards promulgated by rule. 
The department shall ensure that the persons monitoring commu-
nity support programs to determine compliance with the stan-
dards are persons who are knowledgeable about treatment pro-
grams for persons with serious and persistent mental illness.
(d) Develop and conduct training programs for community 
support program staff.
History: 1983 a. 441; 1985 a. 120, 176; 1987 a. 27, 368; 1989 a. 31; 1993 a. 16; 
1995 a. 27; 1997 a. 237; 2001 a. 16; 2005 a. 264; 2009 a. 28; 2015 a. 55; 2019 a. 9.
Cross-reference: See also ch. DHS 63, Wis. adm. code.
51.422 Opioid and methamphetamine treatment pro-
grams. (1) PROGRAM CREATION. The department shall create 
2 or 3 new, regional comprehensive opioid treatment programs, 
and in the 2017-19 fiscal biennium, shall create 2 or 3 additional 
regional comprehensive opioid and methamphetamine treatment 
programs, to provide treatment for opioid and opiate addiction 
and methamphetamine addiction in underserved, high-need ar-
eas. The department shall obtain and review proposals for opioid 
and methamphetamine treatment programs in accordance with its 
request-for-proposal procedures.
(2) PROGRAM COMPONENTS. An opioid or metham-
phetamine treatment program created under this section shall of-
fer an assessment to individuals in need of service to determine 
what type of treatment is needed. The program shall transition 
individuals to a certified residential program, if that level of treat-
ment is necessary. The program shall provide counseling, medi-
cation-assisted treatment, including medications that have been 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 54 51.422 MENTAL HEALTH ACT
approved by the federal food and drug administration for treating 
opioid addiction, and abstinence-based treatment. The program 
shall transition individuals who have completed treatment to 
county-based or private post-treatment care.
(3) REPORT. By April 1, 2016, and annually thereafter, the 
department shall submit to the joint committee on finance and to 
the appropriate standing committees under s. 13.172 (3) a 
progress report on the outcomes of the program under this 
section.
History: 2013 a. 195; 2015 a. 188; 2017 a. 27; 2019 a. 9.
51.4223 Reporting by methadone treatment pro-
grams. (1) Annually, a treatment program that treats addiction 
using methadone shall report to the department all of the 
following:
(a) The ratio of treatment program staff to the number of indi-
viduals receiving methadone treatment.
(b) The number of individuals receiving methadone treatment 
who are receiving behavioral health services.
(c) The relapse rate or the average time an individual is receiv-
ing methadone treatment.
(d) The treatment program’s plan for tapering individuals off 
of methadone.
(e) The average mileage that individuals receiving treatment 
in the methadone treatment program are traveling to receive treat-
ment at the facility.
(f) The number of doses of methadone that individuals carry 
out of the facility to take outside of treatment program staff 
supervision.
(g) The number of individuals in the treatment program on 
each of the 3 forms of medication-assisted treatment, specifically 
methadone, buprenorphine-containing products, and oral or ex-
tended-release injectable naltrexone, that are approved by the fed-
eral food and drug administration.
(h) The number of individuals who engage in a program of af-
tercare and the number of individuals who are treated with antag-
onist medication, such as oral or extended-release injectable nal-
trexone, as part of relapse prevention.
(i) Any other information specified by the department.
(2) The treatment program shall ensure that the information 
under sub. (1) is provided in a manner that does not permit the 
identification of an individual who is receiving methadone treat-
ment from the program.
History: 2015 a. 262; 2017 a. 365 s. 111.
51.4224 Opioid treatment. (1) DEFINITIONS. In this 
section:
(a) “Narcotic treatment service for opiate addiction” is an opi-
oid treatment system that includes a physician who administers or 
dispenses a narcotic drug to a narcotic addict for treatment or 
detoxification treatment with a comprehensive range of medical 
and rehabilitation services; that is approved by the state 
methadone authority and the designated federal government’s 
regulatory authority; and that is registered with the U.S. drug en-
forcement administration to use a narcotic drug for treatment of a 
narcotic addiction.
(b) “Opioid treatment system” means a structured delivery 
system for providing substance abuse prevention, intervention, or 
treatment services and meets all of the following criteria:
1. The system receives funds through the state under this 
chapter.
2. The system is approved by the state methadone authority.
(c) “State methadone authority” means the subunit of the de-
partment designated by the governor to exercise the responsibility 
and authority in this state for governing the treatment of a nar-
cotic addiction with a narcotic drug.
(2) DURATION OF CERTIFICATION. The department shall is-
sue a certification for an eligible opioid treatment system, as de-
termined by the department, that remains in effect for 3 years un-
less suspended or revoked and coincides with the federal govern-
ment certification period.
(3) COUNSELING SERVICES. The department shall allow a 
narcotic treatment service for opiate addiction to contract for sub-
stance abuse counselors and clinical substance abuse counselors 
in lieu of employing substance abuse counselors or clinical sub-
stance abuse counselors. The narcotic treatment service for opi-
ate addiction may enter into a contract agreement with an agency 
to provide counseling services. A narcotic treatment service for 
opiate addiction that enters into a contract agreement for counsel-
ing service shall submit to the department a copy of the agree-
ment with each application and reapplication.
(4) LENGTH OF TREATMENT. The department may not limit 
the length of treatment an individual receives from a narcotic 
treatment service for opiate addiction. Nothing in this subsection 
affects whether treatment is reimbursable under the Medical As-
sistance program under subch. IV of ch. 49.
(5) GEOGRAPHIC PROXIMITY. The department may not re-
quire an individual who seeks admission to a narcotic treatment 
service for opiate addiction to reside within a certain radius of the 
narcotic treatment service for opiate addiction. The department 
may not require an individual who resides outside of a certain ra-
dius of a narcotic treatment service for opiate addiction to request 
an exception to receive treatment from the narcotic treatment ser-
vice for opiate addiction. Nothing in this subsection affects 
whether treatment is reimbursable under the Medical Assistance 
program under subch. IV of ch. 49.
History: 2015 a. 263; 2017 a. 365 s. 110.
51.423 Grants-in-aid. (1) The department shall fund, 
within the limits of the department’s allocation for mental health 
services under s. 20.435 (7) (b) and (o) and subject to this section, 
services for mental illness, developmental disability, alcoholism, 
and drug abuse to meet standards of service quality and accessi-
bility. The department’s primary responsibility is to guarantee 
that county departments established under either s. 51.42 or 
51.437 receive a reasonably uniform minimum level of funding 
and its secondary responsibility is to fund programs which meet 
exceptional community needs or provide specialized or innova-
tive services. Moneys appropriated under s. 20.435 (7) (b) and 
earmarked by the department for mental health services under s. 
20.435 (7) (o) shall be allocated by the department to county de-
partments under s. 51.42 or 51.437 in the manner set forth in this 
section.
(2) From the appropriations under s. 20.435 (7) (b) and (o), 
the department shall distribute the funding for services provided 
or purchased by county departments under s. 46.23, 51.42, or 
51.437 to such county departments as provided under s. 46.40. 
County matching funds are required for the distributions under s. 
46.40 (2) and (9) (b). Each county’s required match for the distri-
butions under s. 46.40 (2) for a year equals 9.89 percent of the to-
tal of the county’s distributions under s. 46.40 (2) for that year for 
which matching funds are required plus the amount the county 
was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile 
delinquency-related services from its distribution for 1987. Each 
county’s required match for the distribution under s. 46.40 (9) (b) 
for a year equals 9.89 percent of that county’s amounts described 
in s. 46.40 (9) (ar) (intro.) for that year. Matching funds may be 
from county tax levies, federal and state revenue sharing funds, or 
private donations to the counties that meet the requirements spec-
ified in sub. (5). Private donations may not exceed 25 percent of 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.43755 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
the total county match. If the county match is less than the 
amount required to generate the full amount of state and federal 
funds distributed for this period, the decrease in the amount of 
state and federal funds equals the difference between the required 
and the actual amount of county matching funds.
(4) The department shall prorate the amount allocated to any 
county department under sub. (2) to reflect actual federal funds 
available.
(5) (a) A private donation to a county may be used to match 
the state grant-in-aid under s. 46.495 (1) (d) or under sub. (2) only 
if the donation is both of the following:
1. Donated to a county department under s. 46.215, 46.22, 
51.42 or 51.437 and the donation is under the administrative con-
trol of such county department.
2. Donated without restrictions as to use, unless the restric-
tions specify that the donation be used for a particular service and 
the donor neither sponsors nor operates the service.
(b) Voluntary federated fund-raising organizations are not 
sponsors or operators of services within the meaning of par. (a) 2. 
Any member agency of such an organization that sponsors or op-
erates services is deemed an autonomous entity separate from the 
organization unless the board membership of the organization 
and the agency interlock.
(6) The county allocation to match aid increases shall be in-
cluded in the contract under s. 46.031 (2g) and approved by Janu-
ary 1 of the year for which the funds are allocated, in order to 
generate state aid matching funds. All funds allocated under sub. 
(2) shall be included in the contract under s. 46.031 (2g) and 
approved.
(7) Each county department under either s. 51.42 or 51.437, 
but not both, shall be treated, for the purpose of this section only, 
as unified with any other county department established in its ju-
risdiction under either s. 51.42 or 51.437 and shall receive an 
amount determined under sub. (2).
(9) If the funds appropriated under s. 20.435 (7) (b) for any 
fiscal year are insufficient to provide county departments with 
the sums calculated under subs. (1) to (7), the appropriation shall 
be allocated among county departments in proportion to the sums 
they would receive under subs. (1) to (7).
(10) Each county department which is eligible under the state 
plan for medical assistance shall obtain a medical assistance 
provider number and shall bill for all eligible clients. A county 
department operating an inpatient facility shall apply for a special 
hospital license under s. 50.33 (2) (c) . Under powers delegated 
under s. 46.10 (16), each county department shall retain 100 per-
cent of all collections it makes and its providers make for care 
other than that provided or purchased by the state.
(11) Each county department under s. 51.42 or 51.437, or 
both, shall apply all funds it receives under subs. (1) to (7) to pro-
vide the services required under ss. 51.42, 51.437 and 51.45 (2) 
(g) to meet the needs for service quality and accessibility of the 
persons in its jurisdiction, except that the county department may 
pay for inpatient treatment only with funds designated by the de-
partment for inpatient treatment. The county department may ex-
pand programs and services with county funds not used to match 
state funds under this section subject to the approval of the 
county board of supervisors in a county with a single-county de-
partment, except in Milwaukee County, the Milwaukee County 
mental health board in Milwaukee County, or the county boards 
of supervisors in counties with multicounty departments and 
with other local or private funds subject to the approval of the de-
partment and the county board of supervisors in a county with a 
single-county department under s. 51.42 or 51.437, the Milwau-
kee County mental health board with a department under s. 
51.42, or the county boards of supervisors in counties with a mul-
ticounty department under s. 51.42 or 51.437. The county board 
of supervisors in a county with a single-county department under 
s. 51.42 or 51.437, the Milwaukee County mental health board 
with a department under s. 51.42, or the county boards of super-
visors in counties with a multicounty department under s. 51.42 
or 51.437 may delegate the authority to expand programs and ser-
vices to the county department under s. 51.42 or 51.437. The 
county department under s. 51.42 or 51.437 shall report to the de-
partment all county funds allocated to the county department un-
der s. 51.42 or 51.437 and the use of such funds. Moneys col-
lected under s. 46.10 shall be applied to cover the costs of pri-
mary services, exceptional and specialized services or to reim-
burse supplemental appropriations funded by counties. County 
departments under ss. 51.42 and 51.437 shall include collections 
made on and after October 1, 1978, by the department that are 
subject to s. 46.10 (8m) (a) 3. and 4. and are distributed to county 
departments under ss. 51.42 and 51.437 from the appropriation 
account under s. 20.435 (5) (gg), as revenues on their grant-in-aid 
expenditure reports to the department.
(12) The department may not provide state aid to any county 
department under s. 51.42 or 51.437 for excessive inpatient treat-
ment. For each county department under ss. 51.42 and 51.437 in 
each calendar year, sums expended for the 22nd and all subse-
quent average days of care shall be deemed excessive inpatient 
treatment. No inpatient treatment provided to children, adoles-
cents, chronically mentally ill patients, patients requiring special-
ized care at a mental health institute, or patients at the centers for 
the developmentally disabled may be deemed excessive. If a pa-
tient is discharged or released and then readmitted within 60 days 
after such discharge or release from an inpatient facility, the num-
ber of days of care following readmission shall be added to the 
number of days of care before discharge or release for the purpose 
of calculating the total length of such patient’s stay in the inpa-
tient facility.
(15) Funds allocated under this section and recovered from 
audit adjustments from a prior fiscal year may be included in sub-
sequent certifications only to pay counties owed funds as a result 
of any audit adjustment. By June 30 of each year the department 
shall submit to the chief clerk of each house of the legislature, for 
distribution to the appropriate standing committees under s. 
13.172 (3), a report on funds recovered and paid out during the 
previous calendar year as a result of audit adjustments.
History: 1985 a. 176 ss. 452 to 454, 456 to 461, 463, 466; 1987 a. 27, 186; 1989 
a. 31, 56, 122; 1991 a. 39, 269; 1993 a. 16, 445; 1995 a. 27; 1997 a. 27; 1999 a. 9; 
2001 a. 16; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2013 a. 203; 2015 a. 55.
51.437 Developmental disabilities services. (1) DEFI-
NITION. In this section, “services” means specialized services or 
special adaptations of generic services directed toward the pre-
vention and alleviation of a developmental disability or toward 
the social, personal, physical or economic habilitation or rehabil-
itation of an individual with such a disability, and includes diag-
nosis, evaluation, treatment, personal care, day care, domiciliary 
care, special living arrangements, training, sheltered employ-
ment, protective and other social and socio-legal services, follow-
along services and transportation services necessary to assure de-
livery of services to individuals with developmental disabilities.
(4) RESPONSIBILITY OF COUNTY GOVERNMENT. (a) The 
county board of supervisors has the primary governmental re-
sponsibility for the well-being of those developmentally disabled 
citizens residing within its county and the families of the devel-
opmentally disabled insofar as the usual resultant family stresses 
bear on the well-being of the developmentally disabled citizen. 
This primary governmental responsibility is limited to the pro-
grams, services and resources that the county board of supervi-
sors is reasonably able to provide within the limits of available 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 56 51.437 MENTAL HEALTH ACT
state and federal funds and of county funds required to be appro-
priated to match state funds.
(c) County liability for care and services purchased through or 
provided by a county department of developmental disabilities 
services established under this section shall be based upon the 
client’s county of residence except for emergency services for 
which liability shall be placed with the county in which the indi-
vidual is found. For the purpose of establishing county liability, 
“emergency services” means those services provided under the 
authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a) , 2003 
stats., or s. 51.15, 55.13, or 55.135. Nothing in this paragraph 
prevents recovery of liability under s. 46.10 or any other statute 
creating liability upon the individual receiving a service or any 
other designated responsible party.
(4g) COUNTY DEPARTMENT OF DEVELOPMENTAL DISABILI-
TIES SERVICES ESTABLISHED; INTEGRATION OF SERVICES. (a) 
Except as provided under par. (b) and ss. 46.21 (2m) (b) and 
46.23 (3) (b), every county board of supervisors shall establish a 
county department of developmental disabilities services on a 
single-county or multicounty basis to furnish services within its 
county. Counties lacking the financial resources and professional 
personnel needed to provide or secure such services on a single-
county basis may combine their energies and financial resources 
to provide these joint services and facilities with the approval of 
the department of health services. The county department of de-
velopmental disabilities services shall consist of a county devel-
opmental disabilities services board, a county developmental dis-
abilities services director and necessary personnel.
(b) A county board of supervisors may transfer the powers 
and duties of a county department of developmental disabilities 
services under this section to a county department under s. 51.42, 
which shall act under s. 51.42 (3) (ar) 3.
(c) In a county with a population of 750,000 or more, the 
county board of supervisors shall integrate day care programs for 
persons with an intellectual disability and those programs for per-
sons with other developmental disabilities into the county devel-
opmental disabilities program.
(4m) DUTIES OF COUNTY DEPARTMENT OF DEVELOPMENTAL 
DISABILITIES SERVICES. A county department of developmental 
disabilities services shall do all of the following:
(a) Within the limits of available state and federal funds and 
of county funds required to be appropriated to match state funds, 
establish a county developmental disabilities services program. 
Such services shall be provided either directly or by contract.
(b) Develop, approve and modify on a continuing basis a sin-
gle-county or multicounty plan for the delivery of services, in-
cluding the construction of facilities, to those citizens affected by 
developmental disabilities. The purpose of the plan shall be to 
ensure the delivery of needed services and the prevention of un-
necessary duplication, fragmentation of services and waste of re-
sources. Plans shall include, to the fullest extent possible, partic-
ipation by existing and planned agencies of the state, counties, 
municipalities, school districts and all other public and private 
agencies as are required to, or may agree to, participate in the de-
livery of services. The plan shall, to the fullest extent possible, be 
coordinated with and integrated into plans developed by regional 
comprehensive health planning agencies.
(c) Provide continuing counsel to public and private agencies 
as well as other appointed and elected bodies within the county.
(d) Establish a program of citizen information and education 
concerning the problems associated with developmental 
disabilities.
(e) Establish a fixed point of information and referral within 
the community for developmentally disabled individuals and 
their families. The fixed point of information and referral shall 
consist of a specific agency designated to provide information on 
the availability of services and the process by which the services 
may be obtained.
(f) Enter into contracts to provide or secure services from 
other agencies or resources including out-of-state agencies or re-
sources. Notwithstanding ss. 59.42 (1) and (2) (b) and 978.05, 
any multicounty department of developmental disabilities ser-
vices may contract for professional legal services that are neces-
sary to carry out the duties of the multicounty department of de-
velopmental disabilities services if the corporation counsel of 
each county of the multicounty department of developmental dis-
abilities services has notified the multicounty department of de-
velopmental disabilities services that he or she is unable to pro-
vide those services in a timely manner.
(g) Acknowledge receipt of the notification received under s. 
115.812 (2).
(h) Submit final budgets under s. 46.031 (1) for funding under 
s. 51.423.
(i) Annually report to the department of health services re-
garding the use of any contract entered into under s. 51.87.
(j) By September 30, submit for inclusion as part of the pro-
posed county budget to the county executive or county adminis-
trator or, in those counties without a county executive or county 
administrator, directly to the county board of supervisors in a 
county with a single-county department of developmental dis-
abilities services or the county boards of supervisors in counties 
with a multicounty department of developmental disabilities ser-
vices a proposed budget for the succeeding calendar year cover-
ing services, including active treatment community mental health 
center services, based on the plan required under s. 51.42 (3) (ar) 
5. The final budget shall be submitted to the department of 
health services.
(k) Develop the cost of all services which it purchases based 
on the standards and requirements of s. 46.036.
(L) Except in an emergency, review and approve or disapprove 
all admissions to nursing homes of persons with a developmental 
disability who are residents of the county.
(m) If the county board of supervisors establishes an initiative 
to provide coordinated services under s. 59.53 (7), participate in 
the initiative, including entering into any written interagency 
agreements or contracts.
(n) If authorized under s. 46.283 (1) (a) 1. , apply to the de-
partment of health services to operate a resource center under s. 
46.283 and, if the department contracts with the county under s. 
46.283 (2), operate the resource center.
(p) If authorized under s. 46.284 (1) (a) 1. , apply to the de-
partment of health services to operate a care management organi-
zation under s. 46.284 and, if the department contracts with the 
county under s. 46.284 (2), operate the care management organi-
zation and, if appropriate, place funds in a risk reserve.
(4r) POWERS OF COUNTY DEPARTMENT OF DEVELOPMENTAL 
DISABILITIES SERVICES. (a) A county department of develop-
mental disabilities services:
1. May not furnish services and programs provided by the 
department of public instruction and local educational agencies.
2. May allocate services among service recipients to reflect 
the availability of limited resources.
3. May administer an initiative to provide coordinated ser-
vices under s. 59.53 (7), if the county board of supervisors estab-
lishes the initiative.
4. May own, lease or manage real property for the purposes 
of operating a treatment facility.
(b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 
49.83, 51.30, 51.45 (14) (a) , 55.22 (3) , 146.82, 252.11 (7) , 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.43757 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
253.07 (3) (c), and 938.78 (2) (a), any subunit of a county depart-
ment of developmental disabilities services or tribal agency act-
ing under this section may exchange confidential information 
about a client, without the informed consent of the client, with 
any other subunit of the same county department of developmen-
tal disabilities services or tribal agency, with a resource center, a 
care management organization, or a long-term care district, or 
with any person providing services to the client under a purchase 
of services contract with the county department of developmental 
disabilities services or tribal agency or with a resource center, a 
care management organization, or a long-term care district, if 
necessary to enable an employee or service provider to perform 
his or her duties, or to enable the county department of develop-
mental disabilities services or tribal agency to coordinate the de-
livery of services to the client. Any agency releasing information 
under this paragraph shall document that a request was received 
and what information was provided.
(4rm) COST OF SERVICES. (a) A county department of devel-
opmental disabilities services shall authorize all care of any pa-
tient in a state, local, or private facility under a contractual agree-
ment between the county department of developmental disabili-
ties services and the facility, unless the county department of de-
velopmental disabilities services governs the facility. The need 
for inpatient care shall be determined by the program director or 
designee in consultation with and upon the recommendation of a 
licensed physician trained in psychiatry and employed by the 
county department of developmental disabilities services or its 
contract agency prior to the admission of a patient to the facility 
except in the case of emergency services. In cases of emergency, 
a facility under contract with any county department of develop-
mental disabilities services shall charge the county department of 
developmental disabilities services having jurisdiction in the 
county where the individual receiving care is found. The county 
department of developmental disabilities services shall reimburse 
the facility, except as provided under par. (c), for the actual cost of 
all authorized care and services less applicable collections under 
s. 46.036, unless the department of health services determines 
that a charge is administratively infeasible, or unless the depart-
ment of health services, after individual review, determines that 
the charge is not attributable to the cost of basic care and ser-
vices. The exclusionary provisions of s. 46.03 (18) do not apply 
to direct and indirect costs which are attributable to care and 
treatment of the client. County departments of developmental 
disabilities services may not reimburse any state institution or re-
ceive credit for collections for care received in a state institution 
by nonresidents of this state, interstate compact clients, transfers 
under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., 
or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admis-
sions under s. 975.17, 1977 stats., children placed in the 
guardianship of the department of children and families under s. 
48.427 or 48.43 or juveniles under the supervision of the depart-
ment of corrections under s. 938.183 or 938.355.
(b) If any of the county developmental disabilities services 
authorized under par. (a) are provided by any of the institutions 
specified in s. 46.10, the costs of such services shall be segre-
gated from the costs of residential care provided at such institu-
tions. The uniform cost record-keeping system established under 
s. 46.18 (8) to (10) shall provide for such segregation of costs.
(c) If a center for the developmentally disabled has provided a 
county department of developmental disabilities services under 
this section with service, the department of health services shall:
1. Regularly bill the county department of developmental 
disabilities services for services as specified in par. (c) 2. a. and 
2m. Under this section, collections on or after January 1, 1976, 
from medical assistance shall be the approved amounts listed by 
the patient on remittance advices from the medical assistance car-
rier, not including adjustments due to retroactive rate approval 
and less any refunds to the medical assistance program. For care 
provided on and after January 1, 1978, the department of health 
services shall adjust collections from medical assistance to com-
pensate for differences between specific rate scales for care 
charged to the county department of developmental disabilities 
services and the average daily medical assistance reimbursement 
rate. Payment shall be due from the county department of devel-
opmental disabilities services within 60 days of the billing date 
subject to provisions of the contract. If any payment has not been 
received within 60 days, the department of health services shall 
deduct all or part of the amount due from any payment due from 
the department of health services to the county department of de-
velopmental disabilities services.
2. a. Bill the county department of developmental disabili-
ties services for services provided on or after January 1, 1982, to 
persons ineligible for medical assistance benefits and who lack 
other means of full payment, using the procedure established un-
der subd. 1.
b. Bill the county department of developmental disabilities 
services for services provided on or after December 31, 1997, at 
$48 per day, if an independent professional review established 
under 42 USC 1396a (a) (31) designates the person served as ap-
propriate for community care, including persons who have been 
admitted for more than 180 consecutive days and for whom the 
cost of care in the community would be equal to or less than the 
daily rate for services under s. 46.275. The department of health 
services shall use money it receives from the county department 
of developmental disabilities services to offset the state’s share of 
medical assistance. Payment is due from the county department 
of developmental disabilities services within 60 days of the 
billing date, subject to provisions of the contract. If the depart-
ment of health services does not receive any payment within 60 
days, it shall deduct all or part of the amount due from any pay-
ment the department of health services is required to make to the 
county department of developmental disabilities services. The 
department of health services shall first use collections received 
under s. 46.10 as a result of care at a center for the developmen-
tally disabled to reduce the costs paid by medical assistance, and 
shall remit the remainder to the county department of develop-
mental disabilities services up to the portion billed. The depart-
ment of health services shall use the appropriation under s. 
20.435 (2) (gk) to remit collection credits and other appropriate 
refunds to county departments of developmental disabilities 
services.
c. Regularly provide the county department of developmen-
tal disabilities services with a list of persons who are eligible for 
medical assistance benefits and who are receiving care in a center 
for the developmentally disabled.
2m. Bill the county department of developmental disabilities 
services for services that are not provided by the federal govern-
ment and that are provided under s. 51.06 (1m) (d) to individuals 
who are eligible for medical assistance, plus any applicable sur-
charge under s. 51.06 (5), using the procedure established under 
subd. 1.
3. Establish by rule a process for appealing determinations of 
the independent professional review that result in billings under 
subd. 2. b.
(d) Notwithstanding pars. (a) to (c), for individuals receiving 
the family care benefit under s. 46.286, the care management or-
ganization that manages the family care benefit for the recipient 
shall pay the portion of the payment that is for services that are 
covered under the family care benefit; the department shall pay 
the remainder of the payment.
Cross-reference: See also ch. DHS 86, Wis. adm. code.
(7) COUNTY DEVELOPMENTAL DISABILITIES SERVICES 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 58 51.437 MENTAL HEALTH ACT
BOARD. (a) Appointments. 1. Except as provided under subd. 2., 
the county board of supervisors in a county with a single-county 
department of developmental disabilities services or the county 
boards of supervisors in counties with a multicounty department 
of developmental disabilities services shall, before qualification 
under this section, appoint a county developmental disabilities 
services board. A county developmental disabilities services 
board appointed under this subdivision shall govern the single-
county or multicounty department of developmental disabilities 
services. A member of a county developmental disabilities ser-
vices board appointed under this subdivision may be removed 
from office by a two-thirds vote of the appointing authority, on 
due notice in writing.
2. In any county with a county executive or county adminis-
trator and which has established a single-county department of 
developmental disabilities services, the county executive or 
county administrator shall appoint, subject to confirmation by the 
county board of supervisors, the county developmental disabili-
ties services board, which shall be only a policy-making body de-
termining the broad outlines and principles governing the admin-
istration of programs under this section. A member of the county 
developmental disabilities services board appointed under this 
subdivision may be removed at pleasure by the county executive 
or county administrator.
(am) Composition. 1. In a single-county department of de-
velopmental disabilities services, the county developmental dis-
abilities services board shall be composed of not less than 9 nor 
more than 15 persons of recognized ability and demonstrated in-
terest in the problems of the developmentally disabled but not 
more than 3 members shall be appointed from the county board 
of supervisors.
2. In a multicounty department of developmental disabilities 
services, the county developmental disabilities services board 
shall be composed of 11 members and with 2 additional members 
for each county in a multicounty department of developmental 
disabilities services in excess of 2. Appointments shall be made 
by the county boards of supervisors of the counties in a multi-
county department of developmental disabilities services in a 
manner acceptable to the counties in the multicounty department 
of developmental disabilities services, but each of the counties in 
the multicounty department of developmental disabilities ser-
vices may appoint only 2 members from its county board of 
supervisors.
3. At least one-third of the members of every county devel-
opmental disabilities services board serving at any one time shall 
be appointed from the developmentally disabled citizens or their 
parents residing in a county with a single-county department of 
developmental disabilities services or in any of the counties with 
a multicounty department of developmental disabilities services.
(b) Terms. Appointments to the county developmental dis-
abilities services board shall be for staggered 3-year terms. Va-
cancies shall be filled for the residue of the unexpired term in the 
manner that original appointments are made.
(9) POWERS AND DUTIES OF COUNTY DEVELOPMENTAL DIS-
ABILITIES SERVICES BOARD IN CERTAIN COUNTIES. A county de-
velopmental disabilities services board appointed under sub. (7) 
(a) 1. shall do all of the following:
(a) Appoint a county developmental disabilities services di-
rector, subject to the approval of each county board of supervisors 
which participated in the appointment of the county developmen-
tal disabilities services board, establish salaries and personnel 
policies for the county department of developmental disabilities 
services subject to the approval of each such county board of su-
pervisors and arrange and promote local financial support for the 
program. Each county board of supervisors in a county with a 
single-county department of developmental disabilities services 
or the county boards of supervisors in counties with a multi-
county department of developmental disabilities services may 
delegate such appointing authority to the county developmental 
disabilities services board.
(am) Prepare a local plan which includes an inventory of all 
existing resources, identifies needed new resources and services 
and contains a plan for meeting the needs of developmentally dis-
abled individuals based upon the services designated under sub. 
(1). The plan shall also include the establishment of long-range 
goals and intermediate-range plans, detailing priorities and esti-
mated costs and providing for coordination of local services and 
continuity of care.
(b) Assist in arranging cooperative working agreements with 
other health, educational, vocational and welfare services, public 
or private, and with other related agencies.
(d) Comply with the state requirements for the program.
(e) Appoint committees consisting of residents of the county 
to advise the county developmental disabilities services board as 
it deems necessary.
(f) Develop county developmental disabilities services board 
operating procedures.
(g) Determine, subject to the approval of the county board of 
supervisors in a county with a single-county department of devel-
opmental disabilities services or the county boards of supervisors 
in counties with a multicounty department of developmental dis-
abilities services and with the advice of the county developmen-
tal disabilities services director appointed under par. (a), whether 
services are to be provided directly by the county department of 
developmental disabilities services or contracted for with other 
providers and make such contracts. The county board of supervi-
sors in a county with a single-county department of developmen-
tal disabilities services or the county boards of supervisors in 
counties with a multicounty department of developmental dis-
abilities services may elect to require the approval of any such 
contract by the county board of supervisors in a county with a 
single-county department of developmental disabilities services 
or the county boards of supervisors in counties with a multi-
county department of developmental disabilities services.
(h) Assume the powers and duties of the county department 
of developmental disabilities services under subs. (4m) and (4r).
(i) 1. Annually identify brain-injured persons in need of ser-
vices within the county.
2. Annually, no later than January 30, report to the depart-
ment the age and location of those brain-injured persons who are 
receiving treatment.
(9b) POWERS AND DUTIES OF COUNTY DEVELOPMENTAL DIS-
ABILITIES SERVICES BOARD IN CERTAIN COUNTIES WITH A 
COUNTY EXECUTIVE OR A COUNTY ADMINISTRATOR. The county 
developmental disabilities services board appointed under sub. 
(7) (a) 2. shall:
(a) Appoint committees consisting of residents of the county 
to advise the board as it deems necessary.
(am) Prepare a local plan which includes an inventory of all 
existing resources and services and contains a plan for meeting 
the needs of developmentally disabled individuals based upon the 
services designated under sub. (1).
(b) Recommend program priorities, identify unmet service 
needs and prepare short-term and long-term plans and budgets for 
meeting such priorities and needs.
(c) Prepare, with the assistance of the county developmental 
disabilities director appointed under sub. (10m), a proposed bud-
get for submission to the county executive or county administra-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.43759 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
tor and a final budget for submission to the department of health 
services under s. 46.031 (1) for authorized services.
(d) Advise the county developmental disabilities services di-
rector appointed under sub. (10m) regarding purchasing and pro-
viding services and the selection of purchase of service vendors, 
and make recommendations to the county executive or county ad-
ministrator regarding modifications in such purchasing, providing 
and selection.
(e) Develop county developmental disabilities services board 
operating procedures.
(f) Comply with state requirements.
(g) Assist in arranging cooperative working agreements with 
persons providing health, education, vocational or welfare ser-
vices related to services provided under this section.
(h) Advise the county developmental disabilities services di-
rector regarding coordination of local services and continuity of 
care.
(10) COUNTY DEVELOPMENTAL DISABILITIES SERVICES DI-
RECTOR IN CERTAIN COUNTIES. The county developmental dis-
abilities services director appointed under sub. (9) (a) shall:
(am) Operate, maintain and improve the county department of 
developmental disabilities services.
(ar) With the county developmental disabilities services 
board under sub. (9), prepare:
1. Annual proposed and final budgets of all funds necessary 
for the program and services authorized by this section.
2. An annual report of the operation of the program.
3. Such other reports as are required by the department of 
health services and the county board of supervisors in a county 
with a single-county department of developmental disabilities 
services or the county boards of supervisors in counties with a 
multicounty department of developmental disabilities services.
(b) Make recommendations to the county developmental dis-
abilities services board under sub. (9) for:
1. Personnel and salaries.
2. Changes in the program and services.
(c) Evaluate service delivery.
(d) After consultation with the county developmental disabil-
ities services board administer the duties of the county depart-
ment of disabilities services under sub. (4r) (a) 2.
(e) Comply with state requirements.
(10m) COUNTY DEVELOPMENTAL DISABILITIES SERVICES DI-
RECTOR IN CERTAIN COUNTIES WITH A COUNTY EXECUTIVE OR 
COUNTY ADMINISTRATOR. In any county with a county executive 
or a county administrator in which the county board of supervi-
sors has established a single-county department of developmen-
tal disabilities services, the county executive or county adminis-
trator shall appoint and supervise the county developmental dis-
abilities services director. In any county with a population of 
750,000 or more, the county executive or county administrator 
shall appoint the director of the county department of human ser-
vices under s. 46.21 as the county developmental disabilities ser-
vices director. The appointment is subject to confirmation by the 
county board of supervisors unless the county board of supervi-
sors, by ordinance, elects to waive confirmation or unless the ap-
pointment is made under a civil service system competitive ex-
amination procedure established under s. 59.52 (8) or ch. 63. The 
county developmental disabilities services director, subject only 
to the supervision of the county executive or county administra-
tor, shall:
(a) Supervise and administer any program established under 
this section.
(b) Determine administrative and program procedures.
(c) Determine, subject to the approval of the county board of 
supervisors and with the advice of the county developmental dis-
abilities services board under sub. (9b) (e), whether services are 
to be provided directly by the county department of developmen-
tal disabilities services or contracted for with other providers and 
make such contracts. The county board of supervisors may elect 
to require the approval of any such contract by the county board 
of supervisors.
(e) Assist the county developmental disabilities services 
board under sub. (9b) in the preparation of the budgets required 
under sub. (9b) (c).
(f) Make recommendations to the county executive or county 
administrator regarding modifications to the proposed budget 
prepared by the county developmental disabilities services board 
under sub. (9b) (c).
(g) Evaluate service delivery.
(h) After consultation with the county developmental disabil-
ities services board administer the duties of the county depart-
ment of disabilities services under sub. (4r) (a) 2.
(i) Establish salaries and personnel policies of the program 
subject to approval of the county executive or county administra-
tor and county board of supervisors.
(j) Perform other functions necessary to manage, operate, 
maintain and improve programs.
(k) Comply with state requirements.
(L) Assist in arranging cooperative working agreements with 
other persons providing health, education, vocational or welfare 
services related to services provided under this section.
(m) Arrange and promote local financial support for the 
program.
(n) In consultation with the county developmental disabilities 
services board, prepare:
1. Intermediate-range plans and budget.
2. An annual report of the operation of the program.
3. Such other reports as are required by the department of 
health services and the county board of supervisors.
(o) 1. Annually identify brain-injured persons in need of ser-
vices within the county.
2. Annually, no later than January 30, 1987, and January 30 
of each year thereafter, report to the department the age and loca-
tion of those brain-injured persons who are receiving treatment.
(14) DUTIES OF THE DEPARTMENT OF HEALTH SERVICES. 
The department of health services shall:
(a) Review requests and certify county departments of devel-
opmental disabilities services to assure that the county depart-
ments of developmental disabilities services are in compliance 
with this section.
(c) Periodically review and evaluate the program of each 
county department of developmental disabilities services.
(d) Provide consultative staff services to communities to as-
sist in ascertaining local needs and in planning, establishing and 
operating programs.
(e) Develop and implement a uniform cost reporting system 
according to s. 46.18 (8), (9) and (10).
(g) Ensure that any county department of developmental dis-
abilities services which elects to provide special education pro-
grams to children aged 3 years and under complies with require-
ments established by the department of public instruction.
(h) Organize and foster education and training programs for 
all persons engaged in treatment of brain-injured persons and 
keep a central record of the age and location of those persons 
treated.
(i) Ensure that the matching-funds requirement for the state 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 60 51.437 MENTAL HEALTH ACT
developmental disabilities councils grant, as received from the 
federal department of health and human services, is met by re-
porting to the federal department of health and human services 
expenditures made for the provision of developmental disabilities 
services under the basic county allocation distributed under s. 
46.40 (2).
(14m) DUTIES OF THE SECRETARY. The secretary shall:
(a) Maintain a listing of present or potential resources for 
serving the needs of the developmentally disabled, including pri-
vate and public persons, associations and agencies.
(b) Collect factual information concerning the problems.
(c) Provide information, advice and assistance to communi-
ties and try to coordinate their activities on behalf of the develop-
mentally disabled.
(d) Assist counties in obtaining professional services on a 
shared-time basis.
(e) Establish and maintain liaison with all state and local 
agencies to establish a continuum of services, consultative and 
informational.
(14r) DUTIES OF THE BOARD FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES. (a) The board for people with develop-
mental disabilities shall:
1. Designate appropriate state or local agencies for the ad-
ministration of programs and fiscal resources made available to 
the board for people with developmental disabilities under fed-
eral legislation affecting the delivery of services to the develop-
mentally disabled.
2. Perform the following responsibilities related to the state 
plan, for the delivery of services, that is required under 42 USC 
6022, including the construction of facilities:
a. Develop, approve, and continue modification of the 
statewide plan.
b. Monitor and evaluate the implementation of the statewide 
plan.
3. Review and advise the department of health services on 
community budgets and community plans for programs affecting 
persons with developmental disabilities.
4. Participate in the development of, review, comment on, 
and monitor all state plans in the state which relate to programs 
affecting persons with developmental disabilities.
5. Serve as an advocate for persons with developmental 
disabilities.
6. Provide continuing counsel to the governor and the 
legislature.
7. Notify the governor regarding membership requirements 
of the board and if vacancies on the board remain unfilled for a 
significant period of time.
(b) The board may establish such reasonable procedures as 
are essential to the conduct of the affairs of the board.
(c) The board for people with developmental disabilities may 
or, if requested by the governor, shall coordinate recommenda-
tions of the board and the public to the governor regarding board 
membership.
(15) CONSTRUCTION. (a) Nothing in this section shall be 
construed to mean that developmentally disabled persons are not 
eligible for services available from all sources.
(b) Nothing in this section may be deemed to require a county 
department of developmental disabilities services to provide edu-
cation, recreation, counseling, information or referral services to 
any individual with a developmental disability or to his or her 
family.
(c) 1. Any reference in any law to a county department of de-
velopmental disabilities services applies to the county depart-
ment under s. 46.23 in its administration of the powers and duties 
of the county department of developmental disabilities services 
under s. 46.23 (3) (b), if the powers and duties of a county depart-
ment of developmental disabilities services are transferred under 
s. 46.23 (3) (b) 1. Any reference in any law to a county depart-
ment of developmental disabilities services applies to a county 
department under s. 46.21 (2m) in its administration of the pow-
ers and duties of the county department of developmental disabil-
ities services under s. 46.21 (2m) (b) 1. a.
2. a. Any reference in any law to a county developmental 
disabilities services director appointed under sub. (9) (a) applies 
to the director of a county department appointed under s. 46.23 
(5) (f) in his or her administration of the powers and duties of that 
county developmental disabilities services director, if the powers 
and duties of a county department of developmental disabilities 
services are transferred under s. 46.23 (3) (b) 1.
b. Any reference in any law to a county developmental dis-
abilities services director appointed under sub. (10m) (intro.) ap-
plies to the director of a county department appointed under s. 
46.23 (6m) (intro.), if the powers and duties of a county depart-
ment of developmental disabilities services are transferred under 
s. 46.23 (3) (b) 1. Any reference in any law to a county develop-
mental disabilities services director appointed under sub. (10m) 
(intro.) applies to the director of a county department appointed 
under s. 46.21 (1m) (a) in his or her administration of the powers 
and duties of that county developmental disabilities services 
director.
3. a. Any reference in any law to a county developmental 
disabilities services board appointed under sub. (7) (a) 1. applies 
to the board of a county department appointed under s. 46.23 (4) 
(b) 1. in its administration of the powers and duties of that county 
developmental disabilities services board, if the powers and du-
ties of a county department of developmental disabilities services 
are transferred under s. 46.23 (3) (b) 1.
b. Except as provided in subd. 3. c., any reference in any law 
to a county developmental disabilities services board appointed 
under sub. (7) (a) 2. applies to the board of a county department 
appointed under s. 46.23 (4) (b) 2. in its administration of the 
powers and duties of that county developmental disabilities ser-
vices board, if the powers and duties of a county department of 
developmental disabilities services are transferred under s. 46.23 
(3) (b) 1.
c. Any reference in any law to a county developmental dis-
abilities services board appointed under sub. (7) (a) 2. is limited, 
with respect to the county department of human services under s. 
46.21 (2m), to the powers and duties of the county developmental 
services board as specified in sub. (9b).
(16) ADMINISTRATIVE STRUCTURE. Rules promulgated by 
the secretary under s. 51.42 (7) (b) shall apply to services pro-
vided through county departments of developmental disabilities 
services under this section.
History: 1971 c. 307, 322; 1973 c. 90, 333; 1975 c. 39, 199, 430; 1977 c. 26 ss. 
39, 75; 1977 c. 29; 1977 c. 354 s. 101; 1977 c. 418; 1977 c. 428 s. 85, 86, 115; 1979 
c. 32, 117, 221, 330, 355; 1981 c. 20, 93, 329; 1983 a. 27, 365, 375, 524; 1985 a. 29 
ss. 1094 to 1105m, 3200 (56) (a); 1985 a. 120, 176, 307, 332; 1987 a. 27; 1989 a. 31, 
56, 107, 262; 1991 a. 39, 274, 315; 1993 a. 16, 83; 1995 a. 27 ss. 3266m, 9116 (5), 
9126 (19), 9145 (1); 1995 a. 64, 77, 92, 201, 225, 352, 417; 1997 a. 27, 35, 164, 252; 
1999 a. 9; 2001 a. 16, 59; 2003 a. 33; 2005 a. 25, 264, 388; 2007 a. 20 ss. 1822 to 
1824b, 9121 (6) (a); 2007 a. 45, 96; 2009 a. 28, 180, 334; 2011 a. 32, 126; 2017 a. 
150; 2017 a. 207 s. 5.
Cross-reference: See also ch. DHS 61, Wis. adm. code.
The corporation counsel should provide legal advice and representation to boards 
under this section and s. 51.42 as well as to the county board. 63 Atty. Gen. 468.
Discussing liability, reimbursement, and collection for services provided under 
programs under this section and s. 51.42. 63 Atty. Gen. 560. See also 65 Atty. Gen. 
49.
The county board of supervisors may require its approval of contracts for pur-
chase of services by a community services board if it so specified in its coordinated 
plan and budget. Otherwise it may not. 69 Atty. Gen. 128.
Menominee Tribe members are eligible to participate in voluntary programs, but 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.44261 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
the state cannot accept tribe members into involuntary programs on the basis of 
tribal court orders alone. 70 Atty. Gen. 219.
A multicounty board under this section and s. 51.42 may retain private legal 
counsel only when the corporation counsel of each county, or the district attorney of 
each county not having a corporation counsel, notifies the board that he or she is un-
able to provide specific services in a timely manner. 73 Atty. Gen. 8.
51.44 Early intervention services. (1) In this section:
(ag) “Case management services” means activities carried out 
by a service coordinator to assist and enable a child eligible for 
early intervention services under this section and the child’s fam-
ily to receive the rights and services authorized to be provided un-
der the early intervention program under this section.
(ar) “Individualized family service plan” means a written plan 
for providing early intervention services to an eligible child and 
the child’s family.
(b) “Local health department” has the meaning given in s. 
250.01 (4).
(c) “Multidisciplinary evaluation” means the process used by 
qualified professionals to determine eligibility for early interven-
tion services under this section based on the child’s developmen-
tal status, the child’s health, physical condition and mental condi-
tion or the child’s atypical development.
(1m) The department is the lead agency in this state for the 
development and implementation of a statewide system of coor-
dinated, comprehensive multidisciplinary programs to provide 
appropriate early intervention services under the requirements of 
20 USC 1431 to 1444.
(3) (a) From the appropriations under s. 20.435 (7) (bt) and 
(nL) the department shall allocate and distribute funds to coun-
ties to provide or contract for the provision of early intervention 
services to individuals eligible to receive the early intervention 
services.
(b) Funds that are distributed to counties under par. (a) may 
not be used to supplant funding from any other source.
(c) No county may contribute less funding for early interven-
tion services under this section than the county contributed for 
early intervention services in 1999, except that, for a county that 
demonstrated extraordinary effort in 1999, the department may 
waive this requirement and establish with the county a lesser re-
quired contribution.
(d) From the appropriation under s. 20.435 (7) (bt) , the de-
partment may pay the nonfederal share of Medical Assistance 
costs for services provided under s. 49.45 (54) (c).
(4) Each county board of supervisors, except in Milwaukee 
County, and the Milwaukee County mental health board in Mil-
waukee County shall designate the appropriate county depart-
ment under s. 46.21, 46.23 or 51.437, the local health department 
of the county or another entity as the local lead agency to provide 
early intervention services under the funding specified in sub. 
(3).
(5) The department shall do all of the following:
(a) Promulgate rules for the statewide implementation of the 
program under this section that do all of the following:
1. Specify the population of children who would be eligible 
for services under the program.
2. Define the term “early intervention services”.
3. Establish personnel standards and a comprehensive plan 
for the development of personnel providing services in the 
program.
4. Establish procedures for the resolution of complaints by 
clients in the program.
5. Specify data collection requirements, including a system 
for making referrals to service providers.
6. Establish monitoring and supervision authority.
7. Establish policies and procedures for the implementation 
of individual family services plans and case management 
services.
8. Develop requirements for local coordination and intera-
gency agreements at state and local levels.
9. Establish requirements for public awareness activities and 
a statewide directory of services.
(am) Promulgate rules that define the term “service 
coordinator”.
(b) Ensure that the children eligible for early intervention ser-
vices under this section receive all of the following services:
1. A multidisciplinary evaluation.
2. An individualized family service plan.
3. Assignment of a service coordinator, as defined by the de-
partment by rule, to provide case management services.
(c) Annually, submit to the chief clerk of each house of the 
legislature for distribution to the legislature under s. 13.172 (2) a 
report on the department’s progress toward full implementation 
of the program under this section, including the progress of coun-
ties in implementing goals for participation in 5th-year require-
ments under 20 USC 1431 to 1444.
History: 1991 a. 39 , 269; 1993 a. 16 , 27; 1995 a. 27 ; 1997 a. 27 ; 2001 a. 16 ; 
2013 a. 20, 203; 2017 a. 59.
Cross-reference: See also ch. DHS 90, Wis. adm. code.
51.441 Comprehensive mental health consultation 
program. The department shall convene a statewide group of 
interested persons, including at least one representative of the 
Medical College of Wisconsin, to develop a concept paper, busi-
ness plan, and standards for a comprehensive mental health con-
sultation program that incorporates general psychiatry, geriatric 
psychiatry, addiction medicine and psychiatry, a perinatal psychi-
atry consultation program, and the child psychiatry consultation 
program under s. 51.442.
History: 2019 a. 9.
51.442 Child psychiatry consultation program. (1) In 
this section, “participating clinicians” include pediatricians, fam-
ily physicians, nurse practitioners, and physician assistants.
(2) The department shall create and administer a child psy-
chiatry consultation program to assist participating clinicians in 
providing enhanced care to pediatric patients with mental health 
care needs, to provide referral support for pediatric patients, and 
to provide additional services described in this section. The con-
sultation program created under this section is not an emergency 
referral service.
(3) (a) In the period before January 1, 2015, the department 
shall review proposals submitted by organizations seeking to pro-
vide consultation services through the consultation program un-
der this section and shall designate regional program hubs, in a 
number determined by the department, based on the submitted 
proposals. The department shall select and provide moneys to or-
ganizations to provide consultation services through the consul-
tation program in a manner that maximizes medically appropriate 
access and services as described under sub. (4).
(b) Beginning on January 1, 2016, the department shall create 
any additional regional program hubs in order to provide consul-
tation services statewide.
(4) The department shall select qualified organizations to 
provide consultation program services through the regional hubs. 
Each regional hub shall make available its own qualified provider 
or consortium of providers. To be a qualified provider in the pro-
gram under this section, an organization shall successfully 
demonstrate it meets all of the following criteria:
(a) The organization has the required infrastructure to be lo-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 62 51.442 MENTAL HEALTH ACT
cated within the geographic service area of the proposed regional 
hub.
(b) Any individual who would be providing consulting ser-
vices through the program is located in this state.
(c) The organization enters into a contract with the depart-
ment agreeing to satisfy all of the following criteria as a condition 
of providing services through the consultation program:
1. The organization has at the time of participation in the 
program a psychiatrist, who is either eligible for certification or 
certified by the American Board of Psychiatry and Neurology, 
Inc., for either adult psychiatry or child and adolescent psychiatry 
or both, and has and maintains additional staff as specified by the 
department.
2. The organization operates during the normal business 
hours of Monday to Friday between 8 a.m. and 5 p.m., excluding 
weekends and holidays.
3. The organization shall be able to provide consultation ser-
vices as promptly as is practicable.
4. The organization shall provide all of the following 
services:
a. Support for participating clinicians to assist in the man-
agement of children and adolescents with mental health problems 
and to provide referral support for pediatric patients.
b. A triage-level assessment to determine the most appropri-
ate response to each request, including appropriate referrals to 
other mental health professionals.
c. When medically appropriate, diagnostic and therapeutic 
feedback.
d. Recruitment of other practices in the regional hub’s ser-
vice territory to the provider’s services.
5. The organization shall have the capability to provide con-
sultation services by telephone, at a minimum.
(5) (a) An organization providing consultation services 
through the consultation program under this section may provide 
services by teleconference, video conference, voice over Internet 
protocol, electronic mail, pager, or in-person conference.
(b) The organization providing consultation services through 
the consultation program under this section may provide any of 
the following services, which are eligible for funding from the 
department:
1. Second opinion diagnostic and medication management 
evaluations conducted either by a psychiatrist or by a social 
worker or psychologist, or a registered nurse with psychiatric 
training, either by in-person conference or by teleconference, 
video conference, or voice over Internet protocol.
2. In-person or Internet site-based educational seminars and 
refresher courses provided to any participating clinician who uses 
the consultation program on a medically appropriate topic within 
child psychiatry.
(6) An organization that provides consultation services 
through the consultation program under this section shall report 
to the department any information as requested by the 
department.
(7) (a) The department shall conduct annual surveys of par-
ticipating clinicians who use the consultation program under this 
section to assess the amount of pediatric mental health care pro-
vided, self-perceived levels of confidence in providing pediatric 
mental health services, and the satisfaction with the consultations 
and the educational opportunities provided.
(b) Immediately after a clinical practice group begins using 
the consultation program under this section and again 6 to 12 
months later, the department shall conduct an interview of partic-
ipating clinicians from that practice group to assess the barriers to 
and benefits of participation to make future improvements and to 
determine the participating clinician’s treatment abilities, confi-
dence, and awareness of relevant resources before and after using 
the consultation program.
History: 2013 a. 127.
51.448 Addiction medicine consultation program. (1) 
In this section, “participating clinicians” includes physicians, 
nurse practitioners, and physician assistants.
(2) Beginning July 1, 2017, the department shall create and 
administer an addiction medicine consultation program to assist 
participating clinicians in providing enhanced care to patients 
with substance use addiction and to provide referral support for 
patients with a substance abuse disorder, and to provide addi-
tional services described in this section. The addiction medicine 
consultation program created under this section is not an emer-
gency referral service.
(3) The department shall review proposals submitted by orga-
nizations seeking to provide consultation services through the ad-
diction medicine consultation program under this section and 
shall designate sites, in a number determined by the department, 
based on the submitted proposals. The department shall select 
and provide moneys to organizations to provide consultation ser-
vices through the addiction medicine consultation program in a 
manner that maximizes medically appropriate access and ser-
vices as described under sub. (4).
(4) The department shall select qualified organizations to 
provide addiction medicine consultation program services 
through the sites designated in sub. (3). Each site shall make 
available its own qualified provider or consortium of providers. 
To be a qualified provider in the addiction medicine consultation 
program under this section, an organization shall successfully 
demonstrate it meets all of the following criteria:
(a) The organization has the required infrastructure to be lo-
cated within the geographic service area of the proposed site.
(b) Any individual who would be providing consulting ser-
vices through the addiction medicine consultation program is lo-
cated in this state.
(c) The organization enters into a contract with the depart-
ment agreeing to satisfy all of the following criteria as a condition 
of providing services through the addiction medicine consulta-
tion program:
1. The organization has at the time of participation in the ad-
diction medicine consultation program a physician who is board-
certified in addiction psychiatry or addiction medicine.
2. The organization operates during the normal business 
hours of Monday to Friday between 8 a.m. and 5 p.m., excluding 
holidays.
3. The organization shall be able to provide consultation ser-
vices as promptly as is practicable.
4. The organization shall provide all of the following 
services:
a. Support for participating clinicians to assist in the man-
agement of addiction or substance abuse and to provide referral 
support for patients with a substance use addiction.
b. A triage-level assessment to determine the most appropri-
ate response to each request, including appropriate referrals to 
other mental health professionals.
c. When medically appropriate, diagnostic and therapeutic 
feedback.
d. Recruitment of other practices in the site’s service terri-
tory to the provider’s services.
5. The organization shall have the capability to provide con-
sultation services by telephone, at a minimum.
(5) (a) An organization that provides consultation services 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4563 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
through the addiction medicine consultation program under this 
section may provide services by teleconference, video confer-
ence, voice over Internet protocol, electronic mail, pager, or in-
person conference.
(b) The organization that provides consultation services 
through the addiction medicine consultation program under this 
section may provide any of the following services, which are eli-
gible for funding from the department:
1. Second opinion diagnostic and medication management 
evaluations conducted either by a physician who is board-certi-
fied in addiction psychiatry or addiction medicine or a physician 
with extensive and documented experience in treating substance 
use disorders, either by in-person conference or by teleconfer-
ence, video conference, or voice over Internet protocol.
2. In-person or Internet site-based educational seminars and 
refresher courses provided to any participating clinician who uses 
the addiction medicine consultation program on a medically ap-
propriate topic within addiction medicine.
(6) An organization that provides consultation services 
through the addiction medicine consultation program under this 
section shall report to the department any information as re-
quested by the department.
(7) An organization that provides consultation services 
through the addiction medicine consultation program under this 
section shall do all of the following:
(a) Conduct annual surveys of participating clinicians who 
use the addiction medicine consultation program under this sec-
tion to assess the amount of addiction medicine consultation pro-
vided, self-perceived levels of confidence in providing addiction 
medicine services, and the satisfaction with the consultations and 
the educational opportunities provided.
(b) Immediately after a clinical practice group begins using 
the addiction medicine consultation program under this section 
and again 6 to 12 months later, conduct an interview of participat-
ing clinicians from that practice group to assess the barriers to 
and benefits of participation to make future improvements and to 
determine the participating clinician’s treatment abilities, confi-
dence, and awareness of relevant resources before and after using 
the addiction medicine consultation program.
(c) Annually, submit to the department survey results under 
par. (a), summaries of interviews under par. (b), and a description 
of the impact of the program under this section.
History: 2017 a. 28.
51.45 Prevention and control of alcoholism and drug 
dependence. (1) DECLARATION OF POLICY. It is the policy of 
this state that alcoholics, persons who are drug dependent, and in-
toxicated persons may not be subjected to criminal prosecution 
because of their consumption of alcohol beverages or other drugs 
but rather should be afforded a continuum of treatment in order 
that they may lead normal lives as productive members of society.
(2) DEFINITIONS. As used in this section, unless the context 
otherwise requires:
(b) “Approved private treatment facility” means a private 
agency meeting the standards prescribed in sub. (8) (a) and ap-
proved under sub. (8) (c).
(c) “Approved public treatment facility” means a treatment 
agency operating under the direction and control of the depart-
ment or providing treatment under this section through a contract 
with the department under sub. (7) (g) or with the county depart-
ment under s. 51.42 (3) (ar) 2. , and meeting the standards pre-
scribed in sub. (8) (a) and approved under sub. (8) (c).
(cm) “County department” means a county department under 
s. 51.42.
(cr) “Designated person” means a person who performs, in 
part, the protective custody functions of a law enforcement offi-
cer under sub. (11), operates under an agreement between a 
county department and an appropriate law enforcement agency 
under sub. (11), and whose qualifications are established by the 
county department.
(d) “Incapacitated by alcohol or another drug” means that a 
person, as a result of the use of or withdrawal from alcohol or an-
other drug, is unconscious or has his or her judgment otherwise 
so impaired that he or she is incapable of making a rational deci-
sion, as evidenced objectively by such indicators as extreme phys-
ical debilitation, physical harm or threats of harm to himself or 
herself or to any other person, or to property.
(e) “Incompetent person” means a person who has been ad-
judged incompetent by the court, as defined in s. 54.01 (4).
(f) “Intoxicated person” means a person whose mental or 
physical functioning is substantially impaired as a result of the 
use of alcohol, a controlled substance, a controlled substance 
analog, or another drug.
(g) “Treatment” means the broad range of emergency, outpa-
tient, intermediate, and inpatient services and care, including di-
agnostic evaluation, medical, surgical, psychiatric, psychological, 
and social service care, vocational rehabilitation and career coun-
seling, which may be extended to alcoholics, persons who are 
drug dependent, and intoxicated persons, and psychiatric, psy-
chological and social service care which may be extended to their 
families. Treatment may also include, but shall not be replaced 
by, physical detention of persons, in an approved treatment facil-
ity, who are involuntarily committed or detained under sub. (12) 
or (13).
(2m) APPLICABILITY TO MINORS. (a) Except as otherwise 
stated in this section, this section shall apply equally to minors 
and adults.
(b) Subject to the limitations specified in s. 51.47, a minor 
may consent to treatment under this section.
(c) In proceedings for the commitment of a minor under sub. 
(12) or (13):
1. The court may appoint a guardian ad litem for the minor; 
and
2. The parents or guardian of the minor, if known, shall re-
ceive notice of all proceedings.
(3) POWERS OF DEPARTMENT. To implement this section, the 
department may:
(a) Plan, establish and maintain treatment programs as neces-
sary or desirable.
(b) Make contracts necessary or incidental to the performance 
of its duties and the execution of its powers, including contracts 
with public and private agencies, organizations, and individuals 
to pay them for services rendered or furnished to alcoholics, per-
sons who are drug dependent, or intoxicated persons.
(c) Keep records and engage in research and the gathering of 
relevant statistics.
(d) Provide information and referral services as optional ele-
ments of the comprehensive program it develops under sub. (7).
(4) DUTIES OF DEPARTMENT. The department shall:
(a) Develop, encourage and foster statewide, regional, and lo-
cal plans and programs for the prevention of alcoholism and drug 
dependence and treatment of alcoholics, persons who are drug 
dependent, and intoxicated persons in cooperation with public 
and private agencies, organizations, and individuals and provide 
technical assistance and consultation services for these purposes.
(b) Coordinate the efforts and enlist the assistance of all pub-
lic and private agencies, organizations and individuals interested 
in prevention of alcoholism and drug dependence and treatment 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 64 51.45 MENTAL HEALTH ACT
of alcoholics, persons who are drug dependent, and intoxicated 
persons.
(c) Assure that the county department provides treatment for 
alcoholics, persons who are drug dependent, and intoxicated per-
sons in county, town and municipal institutions for the detention 
and incarceration of persons charged with or convicted of a viola-
tion of a state law or a county, town or municipal ordinance.
(d) Cooperate with the department of public instruction, local 
boards of education, schools, including tribal schools, as defined 
in s. 115.001 (15m), police departments, courts, and other public 
and private agencies, organizations, and individuals in establish-
ing programs for the prevention of alcoholism and drug depen-
dence and treatment of alcoholics, persons who are drug depen-
dent, and intoxicated persons, and preparing curriculum materi-
als thereon for use at all levels of school education.
(e) Prepare, publish, evaluate and disseminate educational 
material dealing with the nature and effects of alcohol and other 
drugs.
(f) Develop and implement and assure that county depart-
ments develop and implement, as an integral part of treatment 
programs, an educational program for use in the treatment of al-
coholics, persons who are drug dependent, and intoxicated per-
sons, which program shall include the dissemination of informa-
tion concerning the nature and effects of alcohol and other drugs.
(g) Organize and foster training programs for all persons en-
gaged in treatment of alcoholics, persons who are drug depen-
dent, and intoxicated persons.
(h) Sponsor and encourage research into the causes and nature 
of alcoholism and drug dependence and treatment of alcoholics, 
persons who are drug dependent, and intoxicated persons, and 
serve as a clearinghouse for information relating to alcoholism 
and drug dependence.
(i) Specify uniform methods for keeping statistical informa-
tion by public and private agencies, organizations, and individu-
als, and collect and make available relevant statistical informa-
tion, including number of persons treated, frequency of admis-
sion and readmission, and frequency and duration of treatment.
(j) Advise the governor or the state health planning and devel-
opment agency under P.L. 93-641, as amended, in the preparation 
of a comprehensive plan for treatment of alcoholics, persons who 
are drug dependent, and intoxicated persons for inclusion in the 
state’s comprehensive health plan.
(k) Review all state health, welfare and treatment plans to be 
submitted for federal funding under federal legislation, and ad-
vise the governor or the state health planning and development 
agency under P.L. 93-641, as amended, on provisions to be in-
cluded relating to alcoholics, persons who are drug dependent, 
and intoxicated persons.
(L) Develop and maintain, in cooperation with other state 
agencies, local governments and businesses and industries in the 
state, appropriate prevention, treatment and rehabilitation pro-
grams and services for alcohol abuse, alcoholism, controlled sub-
stance use, and drug dependence among employees thereof.
(m) Utilize the support and assistance of interested persons in 
the community, particularly recovered alcoholics and recovered 
drug dependent persons, to encourage alcoholics and persons 
who are drug dependent voluntarily to undergo treatment.
(n) Cooperate with the department of transportation in estab-
lishing and conducting programs designed to deal with the prob-
lem of persons operating motor vehicles while intoxicated.
(o) Encourage general hospitals and other appropriate health 
facilities to admit without discrimination alcoholics, persons who 
are drug dependent, and intoxicated persons and to provide them 
with adequate and appropriate treatment.
(p) Submit to the governor or the state health planning and de-
velopment agency under P.L. 93-641, as amended, an annual re-
port covering the activities of the department relating to treatment 
of alcoholism and drug dependence.
(q) Gather information relating to all federal programs con-
cerning alcoholism and drug dependence, whether or not subject 
to approval by the department, to assure coordination and avoid 
duplication of efforts.
(7) COMPREHENSIVE PROGRAM FOR TREATMENT. (a) The de-
partment shall establish a comprehensive and coordinated pro-
gram for the treatment of alcoholics, persons who are drug de-
pendent, and intoxicated persons.
(b) The program of the department shall include:
1. Emergency medical treatment provided by a facility affili-
ated with or part of the medical service of a general hospital.
2. Nonmedical emergency treatment provided by a facility 
having a written agreement with a general hospital for the provi-
sion of emergency medical treatment to patients as may be 
necessary.
3. Inpatient treatment.
4. Intermediate treatment as a part-time resident of a treat-
ment facility.
5. Outpatient and follow-up treatment.
6. Extended care in a sheltered living environment with min-
imal staffing providing a program emphasizing at least one of the 
following elements: the development of self-care, social and 
recreational skills or prevocational or vocational training.
7. Prevention and intervention services.
(c) The department shall provide for adequate and appropriate 
treatment for alcoholics, persons who are drug dependent, and in-
toxicated persons admitted under subs. (10) to (13). Treatment 
may not be provided at a correctional institution except for 
inmates.
(d) The superintendent of each facility shall make an annual 
report of its activities to the secretary in the form and manner the 
secretary specifies.
(e) All appropriate public and private resources shall be coor-
dinated with and utilized in the program if possible.
(f) The secretary shall prepare, publish and distribute annu-
ally a list of all approved public and private treatment facilities.
(g) The department may contract for the use of any facility as 
an approved public treatment facility if the secretary considers 
this to be an effective and economical course to follow.
(h) The department shall authorize approved tribal treatment 
facilities to conduct assessments under s. 343.30 (1q) (c) and pre-
pare driver safety plans under s. 343.30 (1q) (d) if, with regard to 
each person for whom the approved tribal treatment facility con-
ducts an assessment under s. 343.30 (1q) (c), the approved tribal 
treatment facility agrees in writing to do all of the following:
1. Notify the county assessment agency identified in the or-
der under s. 343.30 (1q) (c) 1. within 72 hours that the approved 
tribal treatment facility has been contacted for the assessment.
2. Execute all duties of an approved public treatment facility 
under s. 343.30 (1q) and rules promulgated under s. 343.30 (1q).
(8) STANDARDS FOR PUBLIC AND PRIVATE TREATMENT FA-
CILITIES; ENFORCEMENT PROCEDURES. (a) The department shall 
establish minimum standards for approved treatment facilities 
that must be met for a treatment facility to be approved as a public 
or private treatment facility, except as provided in s. 51.032, and 
fix the fees to be charged by the department for the required in-
spections. The standards may concern only the health standards 
to be met and standards of treatment to be afforded patients and 
shall distinguish between facilities rendering different modes of 
treatment. In setting standards, the department shall consider the 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4565 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
residents’ needs and abilities, the services to be provided by the 
facility, and the relationship between the physical structure and 
the objectives of the program. Nothing in this subsection shall 
prevent county departments from establishing reasonable higher 
standards.
(b) The department periodically shall make unannounced in-
spections of approved public and private treatment facilities at 
reasonable times and in a reasonable manner.
(c) Approval of a facility must be secured under this section 
before application for a grant-in-aid for such facility under s. 
51.423 or before treatment in any facility is rendered to patients.
(d) Each approved public and private treatment facility shall 
file with the department on request, data, statistics, schedules and 
information the department reasonably requires, including any 
data or information specified under s. 46.973 (2m). An approved 
public or private treatment facility that without good cause fails 
to furnish any data, statistics, schedules or information as re-
quested, or files fraudulent returns thereof, shall be removed from 
the list of approved treatment facilities.
(e) The department, after notice and hearing, may under this 
subsection suspend, revoke, limit, or restrict an approval, or 
refuse to grant an approval, for failure to meet its standards.
(f) The circuit court may restrain any violation of this section, 
review any denial, restriction or revocation of approval under this 
subsection, and grant other relief required to enforce its 
provisions.
(9) ACCEPTANCE FOR TREATMENT; RULES. The secretary 
shall promulgate rules for acceptance of persons into the treat-
ment program, considering available treatment resources and fa-
cilities, for the purpose of early and effective treatment of alco-
holics, persons who are drug dependent, and intoxicated persons. 
In promulgating the rules the secretary shall be guided by the fol-
lowing standards:
(a) If possible a patient shall be treated on a voluntary rather 
than an involuntary basis.
(b) A patient shall be initially assigned or transferred to out-
patient or intermediate treatment, unless the patient is found to 
require inpatient treatment.
(c) No person may be denied treatment solely because the per-
son has withdrawn from treatment against medical advice on a 
prior occasion or because the person has relapsed after earlier 
treatment.
(d) An individualized treatment plan shall be prepared and 
maintained on a current basis for each patient.
(e) Provision shall be made for a continuum of coordinated 
treatment services, so that a person who leaves a facility or a form 
of treatment will have available and utilize other appropriate 
treatment.
(10) VOLUNTARY TREATMENT OF ALCOHOLICS AND DRUG 
DEPENDENT PERSONS. (a) An adult alcoholic or person who is 
drug dependent may apply for voluntary treatment directly to an 
approved public treatment facility. If the proposed patient is an 
individual adjudicated incompetent in this state who has not been 
deprived by a court of the right to contract, the individual or his or 
her guardian or other legal representative may make the applica-
tion. If the proposed patient is an individual adjudicated incom-
petent in this state who has been deprived by a court of the right 
to contract, the individual’s guardian or other legal representative 
may make the application.
(am) Except as provided in s. 51.47, a minor may apply for 
treatment directly to an approved public treatment facility, but 
only for those forms of treatment specified in sub. (7) (b) 5. and 
7. Section 51.13 governs admission of a minor alcoholic or mi-
nor who is drug dependent to an inpatient treatment facility.
(b) Subject to rules promulgated by the department, the super-
intendent in charge of an approved public treatment facility may 
determine who shall be admitted for treatment. If a person is re-
fused admission to an approved public treatment facility, the su-
perintendent, subject to rules promulgated by the department, 
shall refer the person to another approved public treatment facil-
ity for treatment if possible and appropriate.
(c) If a patient receiving inpatient care leaves an approved 
public treatment facility, the patient shall be encouraged to con-
sent to appropriate outpatient or intermediate treatment. If it ap-
pears to the superintendent in charge of the treatment facility that 
the patient is an alcoholic, person who is drug dependent, or in-
toxicated person who requires help, the county department shall 
arrange for assistance in obtaining supportive services and resi-
dential facilities. If the patient is an individual who is adjudicated 
incompetent, the request for discharge from an inpatient facility 
shall be made by a legal guardian or other legal representative or 
by the individual who is adjudicated incompetent if he or she was 
the original applicant.
(d) If a patient leaves an approved public treatment facility, 
with or against the advice of the superintendent in charge of the 
facility, the county department may make reasonable provisions 
for the patient’s transportation to another facility or to his or her 
home or may assist the patient in obtaining temporary shelter.
(e) This subsection applies only to admissions of alcoholics 
and persons who are drug dependent whose care and treatment is 
to be paid for by the department or a county department.
(11) TREATMENT AND SERVICES FOR INTOXICATED PERSONS 
AND OTHERS INCAPACITATED BY ALCOHOL OR ANOTHER DRUG. 
(a) An intoxicated person may come voluntarily to an approved 
public treatment facility for emergency treatment. Any law en-
forcement officer, or designated person upon the request of a law 
enforcement officer, may assist a person who appears to be intox-
icated in a public place and to be in need of help to his or her 
home, an approved treatment facility or other health facility, if 
such person consents to the proffered help. Section 51.13 gov-
erns admission of an intoxicated minor to an inpatient facility un-
der this paragraph.
(b) A person who appears to be incapacitated by alcohol or 
another drug shall be placed under protective custody by a law 
enforcement officer. The law enforcement officer shall either 
bring such person to an approved public treatment facility for 
emergency treatment or request a designated person to bring such 
person to the facility for emergency treatment. If no approved 
public treatment facility is readily available or if, in the judgment 
of the law enforcement officer or designated person, the person is 
in need of emergency medical treatment, the law enforcement of-
ficer or designated person upon the request of the law enforce-
ment officer shall take such person to an emergency medical fa-
cility. The law enforcement officer or designated person, in de-
taining such person or in taking him or her to an approved public 
treatment facility or emergency medical facility, is holding such 
person under protective custody and shall make every reasonable 
effort to protect the person’s health and safety. In placing the per-
son under protective custody the law enforcement officer may 
search such person for and seize any weapons. Placement under 
protective custody under this subsection is not an arrest. No entry 
or other record shall be made to indicate that such person has 
been arrested or charged with a crime. A person brought to an 
approved public treatment facility under this paragraph shall be 
deemed to be under the protective custody of the facility upon 
arrival.
(bm) If the person who appears to be incapacitated by alcohol 
or another drug under par. (b) is a minor, either a law enforcement 
officer or a person authorized to take a child into custody under 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 66 51.45 MENTAL HEALTH ACT
ch. 48 or to take a juvenile into custody under ch. 938 may take 
the minor into custody as provided in par. (b).
(c) A person who comes voluntarily or is brought to an ap-
proved treatment facility shall be examined by trained staff as 
soon as practicable in accordance with a procedure developed by 
the facility in consultation with a licensed physician. The person 
may then be admitted as a patient or referred to another treatment 
facility or to an emergency medical facility, in which case the 
county department shall make provision for transportation. Upon 
arrival, the person shall be deemed to be under the protective cus-
tody of the facility to which he or she has been referred.
(d) A person who by examination pursuant to par. (c) is found 
to be incapacitated by alcohol or another drug at the time of ad-
mission, or to have become incapacitated at any time after admis-
sion, shall be detained at the appropriate facility for the duration 
of the incapacity but may not be detained when no longer inca-
pacitated by alcohol or another drug, or if the person remains in-
capacitated by alcohol or another drug for more than 72 hours af-
ter admission as a patient, exclusive of Saturdays, Sundays and le-
gal holidays, unless he or she is committed under sub. (12). A 
person may consent to remain in the facility as long as the physi-
cian or official in charge believes appropriate.
(e) The county department shall arrange transportation home 
for a person who was brought under protective custody to an ap-
proved public treatment facility or emergency medical facility 
and who is not admitted, if the home is within 50 miles of the fa-
cility. If the person has no home within 50 miles of the facility, 
the county department shall assist him or her in obtaining shelter.
(f) If a patient is admitted to an approved public treatment fa-
cility, the family or next of kin shall be notified as promptly as 
possible unless an adult patient who is not incapacitated requests 
that no notification be made.
(g) Any law enforcement officer, designated person or officer 
or employee of an approved treatment facility who acts in compli-
ance with this section is acting in the course of official duty and 
is not criminally or civilly liable for false imprisonment.
(h) Prior to discharge, the patient shall be informed of the 
benefits of further diagnosis and appropriate voluntary treatment.
(i) No provision of this section may be deemed to require any 
emergency medical facility which is not an approved private or 
public treatment facility to provide to incapacitated persons non-
medical services including, but not limited to, shelter, transporta-
tion or protective custody.
(12) EMERGENCY COMMITMENT. (a) An intoxicated person 
who has threatened, attempted or inflicted physical harm on him-
self or herself or on another and is likely to inflict such physical 
harm unless committed, or a person who is incapacitated by alco-
hol or another drug, may be committed to the county department 
and brought to an approved public treatment facility for emer-
gency treatment. A refusal to undergo treatment does not consti-
tute evidence of lack of judgment as to the need for treatment.
(b) The physician, spouse, guardian, or a relative of the person 
sought to be committed, or any other responsible person, may pe-
tition a circuit court commissioner or the circuit court of the 
county in which the person sought to be committed resides or is 
present for commitment under this subsection. The petition shall 
state facts to support the need for emergency treatment and be 
supported by one or more affidavits that aver with particularity 
the factual basis for the allegations contained in the petition.
(c) Upon receipt of a petition under par. (b), the circuit court 
commissioner or court shall:
1. Determine whether the petition and supporting affidavits 
sustain the grounds for commitment and dismiss the petition if 
the grounds for commitment are not sustained thereby. If the 
grounds for commitment are sustained by the petition and sup-
porting affidavits, the court or circuit court commissioner shall 
issue an order temporarily committing the person to the custody 
of the county department pending the outcome of the preliminary 
hearing under sub. (13) (d).
2. Assure that the person sought to be committed is repre-
sented by counsel by referring the person to the state public de-
fender, who shall appoint counsel for the person without a deter-
mination of indigency, as provided in s. 51.60.
3. Issue an order directing the sheriff or other law enforce-
ment agency to take the person into protective custody and bring 
him or her to an approved public treatment facility designated by 
the county department, if the person is not detained under sub. 
(11).
4. Set a time for a preliminary hearing under sub. (13) (d), 
such hearing to be held not later than 48 hours after receipt of a 
petition under par. (b), exclusive of Saturdays, Sundays and legal 
holidays. If at such time the person is unable to assist in the de-
fense because he or she is incapacitated by alcohol or another 
drug, an extension of not more than 48 hours, exclusive of Satur-
days, Sundays and legal holidays, may be had upon motion of the 
person or the person’s attorney.
(d) Upon arrival at the approved public treatment facility, the 
person shall be advised both orally and in writing of the right to 
counsel, the right to consult with counsel before a request is made 
to undergo voluntary treatment under sub. (10), the right not to 
converse with examining physicians, psychologists or other per-
sonnel, the fact that anything said to examining physicians, psy-
chologists or other personnel may be used as evidence against 
him or her at subsequent hearings under this section, the right to 
refuse medication under s. 51.61 (6), the exact time and place of 
the preliminary hearing under sub. (13) (d), and of the reasons for 
detention and the standards under which he or she may be com-
mitted prior to all interviews with physicians, psychologists or 
other personnel. Such notice of rights shall be provided to the pa-
tient’s immediate family if they can be located and may be de-
ferred until the patient’s incapacitated condition, if any, has sub-
sided to the point where the patient is capable of understanding 
the notice. Under no circumstances may interviews with physi-
cians, psychologists or other personnel be conducted until such 
notice is given, except that the patient may be questioned to deter-
mine immediate medical needs. The patient may be detained at 
the facility to which he or she was admitted or, upon notice to the 
attorney and the court, transferred by the county department to 
another appropriate public or private treatment facility, until dis-
charged under par. (e).
(e) When on the advice of the treatment staff the superinten-
dent of the facility having custody of the patient determines that 
the grounds for commitment no longer exist, he or she shall dis-
charge a person committed under this subsection. No person 
committed under this subsection shall be detained in any treat-
ment facility beyond the time set for a preliminary hearing under 
par. (c) 4. If a petition for involuntary commitment under sub. 
(13) has been filed and a finding of probable cause for believing 
the patient is in need of commitment has been made under sub. 
(13) (d), the person may be detained until the petition has been 
heard and determined.
(f) A copy of the written application for commitment and all 
supporting affidavits shall be given to the patient at the time no-
tice of rights is given under par. (d) by the superintendent, who 
shall provide a reasonable opportunity for the patient to consult 
counsel.
(13) INVOLUNTARY COMMITMENT. (a) A person may be 
committed to the custody of the county department by the circuit 
court upon the petition of 3 adults, at least one of whom has per-
sonal knowledge of the conduct and condition of the person 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4567 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
sought to be committed. A refusal to undergo treatment shall not 
constitute evidence of lack of judgment as to the need for treat-
ment. The petition for commitment shall do all of the following:
1. Allege that the condition of the person is such that he or 
she habitually lacks self-control as to the use of alcohol beverages 
or other drugs, and uses such beverages or drugs to the extent that 
health is substantially impaired or endangered and social or eco-
nomic functioning is substantially disrupted.
2. Allege that such condition of the person is evidenced by a 
pattern of conduct which is dangerous to the person or to others.
3. State that the person is a child or state facts sufficient for a 
determination of indigency of the person.
4. Be supported by the affidavit of each petitioner who has 
personal knowledge which avers with particularity the factual ba-
sis for the allegations contained in the petition.
5. Contain a statement of each petitioner who does not have 
personal knowledge which provides the basis for his or her belief.
(b) Upon receipt of a petition under par. (a), the court shall:
1. Determine whether the petition and supporting affidavits 
meet the requirements of par. (a) and dismiss the petition if the 
requirements of par. (a) are not met thereby. If the person has not 
been temporarily committed under sub. (12) (c) and the petition 
and supporting affidavits meet the requirements of par. (a), the 
court may issue an order temporarily committing the person to 
the custody of the county department pending the outcome of the 
preliminary hearing under par. (d).
2. Assure that the person is represented by counsel by refer-
ring the person to the state public defender, who shall appoint 
counsel for the person without a determination of indigency, as 
provided in s. 51.60. The person shall be represented by counsel 
at the preliminary hearing under par. (d). The person may, with 
the approval of the court, waive his or her right to representation 
by counsel at the full hearing under par. (f).
3. If the court orders temporary commitment, issue an order 
directing the sheriff or other law enforcement agency to take the 
person into protective custody and to bring the person to an ap-
proved public treatment facility designated by the county depart-
ment, if the person is not detained under sub. (11) or (12).
4. Set a time for a preliminary hearing under par. (d). If the 
person is taken into protective custody, such hearing shall be held 
not later than 72 hours after the person arrives at the approved 
public treatment facility, exclusive of Saturdays, Sundays and le-
gal holidays. If at that time the person is unable to assist in the 
defense because he or she is incapacitated by alcohol or another 
drug, an extension of not more than 48 hours, exclusive of Satur-
days, Sundays and legal holidays, may be had upon motion of the 
person or the person’s attorney.
(c) Effective and timely notice of the preliminary hearing, to-
gether with a copy of the petition and supporting affidavits under 
par. (a), shall be given to the person unless he or she has been 
taken into custody under par. (b), the legal guardian if the person 
is adjudicated incompetent, the person’s counsel, corporation 
counsel in the county in which the petition is filed, and the peti-
tioner. The notice shall include a written statement of the per-
son’s right to an attorney, the right to trial by jury, the right to be 
examined by a physician, and the standard under which he or she 
may be committed under this section. If the person is taken into 
custody under par. (b), upon arrival at the approved public treat-
ment facility, the person shall be advised both orally and in writ-
ing of the right to counsel, the right to consult with counsel before 
a request is made to undergo voluntary treatment under sub. (10), 
the right not to converse with examining physicians, psycholo-
gists or other personnel, the fact that anything said to examining 
physicians, psychologists or other personnel may be used as evi-
dence against him or her at subsequent hearings under this sec-
tion, the right to refuse medication under s. 51.61 (6), the exact 
time and place of the preliminary hearing under par. (d), the right 
to trial by jury, the right to be examined by a physician and of the 
reasons for detention, and the standards under which he or she 
may be committed prior to all interviews with physicians, psy-
chologists, or other personnel. Such notice of rights shall be pro-
vided to the person’s immediate family if they can be located and 
may be deferred until the person’s incapacitated condition, if any, 
has subsided to the point where the person is capable of under-
standing the notice. Under no circumstances may interviews with 
physicians, psychologists, or other personnel be conducted until 
such notice is given, except that the person may be questioned to 
determine immediate medical needs. The person may be de-
tained at the facility to which he or she was admitted or, upon no-
tice to the attorney and the court, transferred by the county de-
partment to another appropriate public or private treatment facil-
ity, until discharged under this subsection. A copy of the petition 
and all supporting affidavits shall be given to the person at the 
time notice of rights is given under this paragraph by the superin-
tendent, who shall provide a reasonable opportunity for the pa-
tient to consult counsel.
(d) Whenever it is desired to involuntarily commit a person, a 
preliminary hearing shall be held under this paragraph. The pur-
pose of the preliminary hearing shall be to determine if there is 
probable cause for believing that the allegations of the petition 
under par. (a) are true. The court shall assure that the person is 
represented by counsel at the preliminary hearing by referring the 
person to the state public defender, who shall appoint counsel for 
the person without a determination of indigency, as provided in s. 
51.60. Counsel shall have access to all reports and records, psy-
chiatric and otherwise, which have been made prior to the prelim-
inary hearing. The person shall be present in person or by video-
conference under s. 51.20 (5) (c) at the preliminary hearing and 
shall be afforded a meaningful opportunity to be heard. Upon 
failure to make a finding of probable cause under this paragraph, 
the court shall dismiss the petition and discharge the person from 
the custody of the county department.
(dg) The court shall proceed as if a petition were filed under s. 
51.20 (1) if all of the following conditions are met:
1. The petitioner’s counsel notifies all other parties and the 
court, within a reasonable time prior to the hearing, of his or her 
intent to request that the court proceed as if a petition were filed 
under s. 51.20 (1).
2. The court determines at the hearing that there is probable 
cause to believe that the subject individual is a fit subject for treat-
ment under s. 51.20 (1).
(dm) For the purposes of this section, duties to be performed 
by a court shall be carried out by the judge of such court or a cir-
cuit court commissioner of such court who is designated by the 
chief judge to so act, in all matters prior to a final hearing under 
this subsection.
(e) Upon a finding of probable cause under par. (d), the court 
shall fix a date for a full hearing to be held within 14 days. An ex-
tension of not more than 14 days may be granted upon motion of 
the person sought to be committed upon a showing of cause. Ef-
fective and timely notice of the full hearing, the right to counsel, 
the right to jury trial, and the standards under which the person 
may be committed shall be given to the person, the immediate 
family other than a petitioner under par. (a) or sub. (12) (b) if they 
can be located, the legal guardian if the person is adjudicated in-
competent, the superintendent in charge of the appropriate ap-
proved public treatment facility if the person has been temporar-
ily committed under par. (b) or sub. (12), the person’s counsel, 
unless waived, and to the petitioner under par. (a). Counsel, or 
the person if counsel is waived, shall have access to all reports 
and records, psychiatric and otherwise, which have been made 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 68 51.45 MENTAL HEALTH ACT
prior to the full hearing on commitment, and shall be given the 
names of all persons who may testify in favor of commitment and 
a summary of their proposed testimony at least 96 hours before 
the full hearing, exclusive of Saturdays, Sundays and legal 
holidays.
(f) The hearing shall be open, unless the person sought to be 
committed or the person’s attorney moves that it be closed, in 
which case only persons in interest, including representatives of 
the county department in all cases, and their attorneys and wit-
nesses may be present. At the hearing the jury, or, if trial by jury 
is waived, the court, shall consider all relevant evidence, includ-
ing, if possible, the testimony of at least one licensed physician 
who has examined the person whose commitment is sought. Or-
dinary rules of evidence shall apply to any such proceeding. The 
person whose commitment is sought shall be present and shall be 
given an opportunity to be examined by a court-appointed li-
censed physician. If the person refuses and there is sufficient ev-
idence to believe that the allegations of the petition are true, or if 
the court believes that more medical evidence is necessary, the 
court may make a temporary order committing the person to the 
county department for a period of not more than 5 days for pur-
poses of diagnostic examination.
(g) 1. The court shall make an order of commitment to the 
county department if, after hearing all relevant evidence, includ-
ing the results of any diagnostic examination, the trier of fact 
finds all of the following:
a. That the allegations of the petition under par. (a) have been 
established by clear and convincing evidence.
b. That there is a relationship between the alcoholic or drug 
dependent condition and the pattern of conduct during the 12-
month period immediately preceding the time of petition which is 
dangerous to the person or others and that this relationship has 
been established to a reasonable medical certainty.
c. That there is an extreme likelihood that the pattern of con-
duct will continue or repeat itself without the intervention of in-
voluntary treatment or institutionalization.
2. The court may not order commitment of a person unless it 
is shown by clear and convincing evidence that there is no suit-
able alternative available for the person and that the county de-
partment is able to provide appropriate and effective treatment for 
the individual.
(h) A person committed under this subsection shall remain in 
the custody of the county department for treatment for a period 
set by the court, but not to exceed 90 days. During this period of 
commitment the county department may transfer the person from 
one approved public treatment facility or program to another as 
provided in par. (k). If the person has served in the U.S. armed 
forces or forces incorporated as part of the U.S. armed forces, the 
county department shall contact the U.S. department of veterans 
affairs to determine if the person is eligible for treatment at a U.S. 
department of veterans affairs facility. If the person is eligible for 
that treatment, the county department may transfer the person to 
that facility if the U.S. department of veterans affairs approves 
that transfer. At the end of the period set by the court, the person 
shall be discharged automatically unless the county department 
before expiration of the period obtains a court order for recom-
mitment upon the grounds set forth in par. (a) for a further period 
not to exceed 6 months. If after examination it is determined that 
the person is likely to inflict physical harm on himself or herself 
or on another, the county department shall apply for recommit-
ment. Only one recommitment order under this paragraph is 
permitted.
(i) 1. If a court orders commitment of a person under this sub-
section, the court shall determine if, under 18 USC 922 (g) (4), 
the person is prohibited from possessing a firearm. If the person 
is prohibited, the court shall order the person not to possess a 
firearm, order the seizure of any firearm owned by the person, 
and inform the person of the requirements and penalties under s. 
941.29.
2. a. If a court orders a person under subd. 1. not to possess 
a firearm, the person may petition that court or the court in the 
county where the person resides to cancel the order.
b. The court considering the petition under subd. 2. a. shall 
grant the petition if the court determines that the circumstances 
regarding the commitment under this subsection and the person’s 
record and reputation indicate that the person is not likely to act 
in a manner dangerous to public safety and that the granting of 
the petition would not be contrary to public interest.
c. If the court grants the petition under subd. 2. b., the court 
shall cancel the order under subd. 1. and order the return of any 
firearm ordered seized under subd. 1.
3. In lieu of ordering the seizure under subd. 1., the court 
may designate a person to store the firearm until the order under 
subd. 1. is canceled under subd. 2. c.
4. If the court orders under subd. 1. a person not to possess a 
firearm or cancels under subd. 2. c. an order issued under subd. 
1., the court clerk shall notify the department of justice of the or-
der or cancellation and provide any information identifying the 
person that is necessary to permit an accurate firearms restric-
tions record search under s. 175.35 (2g) (c), a background check 
under s. 175.60 (9g) (a), or an accurate response under s. 165.63. 
No other information from the person’s court records may be dis-
closed to the department of justice except by order of the court. 
The department of justice may disclose information provided un-
der this subdivision only to respond to a request under s. 165.63, 
as part of a firearms restrictions record search under s. 175.35 
(2g) (c), under rules the department of justice promulgates under 
s. 175.35 (2g) (d) , or as part of a background check under s. 
175.60 (9g) (a).
(j) Upon the filing of a petition for recommitment under par. 
(h), the court shall fix a date for a recommitment hearing within 
10 days and assure that the person sought to be recommitted is 
represented by counsel by referring the person to the state public 
defender, who shall appoint counsel for the person without a de-
termination of indigency, as provided in s. 51.60. The provisions 
of par. (e) relating to notice and to access to records, names of 
witnesses, and summaries of their testimony shall apply to 
recommitment hearings under this paragraph. At the recommit-
ment hearing, the court shall proceed as provided under pars. (f) 
and (g).
(k) The county department shall provide for adequate and ap-
propriate treatment of a person committed to its custody. Any 
person committed or recommitted to custody may be transferred 
by the county department from one approved public treatment fa-
cility or program to another upon the written application to the 
county department from the facility or program treating the per-
son. Such application shall state the reasons why transfer to an-
other facility or program is necessary to meet the treatment needs 
of the person. Notice of such transfer and the reasons therefor 
shall be given to the court, the person’s attorney and the person’s 
immediate family, if they can be located.
(L) If an approved private treatment facility agrees with the 
request of a competent patient or a parent, sibling, adult child, or 
guardian to accept the patient for treatment, the county depart-
ment may transfer the person to the private treatment facility.
(m) A person committed under this section may at any time 
seek to be discharged from commitment by habeas corpus 
proceedings.
(n) The venue for proceedings under this subsection is the 
place in which the person to be committed resides or is present.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.4869 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(o) All fees and expenses incurred under this section which 
are required to be assumed by the county shall be governed by s. 
51.20 (19).
(p) A record shall be made of all proceedings held under this 
subsection. Transcripts shall be made available under SCR 
71.04. The county department may in any case request a 
transcript.
(14) CONFIDENTIALITY OF RECORDS OF PATIENTS. (a) Ex-
cept as otherwise provided in s. 51.30, the registration and treat-
ment records of alcoholism or drug dependence treatment pro-
grams and facilities shall remain confidential and are privileged 
to the patient. The application of s. 51.30 is limited by any rule 
promulgated under s. 51.30 (4) (c) for the purpose of protecting 
the confidentiality of alcoholism or drug dependence treatment 
records in conformity with federal requirements.
(b) Any person who violates this subsection shall forfeit not 
more than $5,000.
(15) CIVIL RIGHTS AND LIBERTIES. (a) Except as provided in 
s. 51.61 (2), a person being treated under this section does not 
thereby lose any legal rights.
(b) No provisions of this section may be deemed to contradict 
any rules or regulations governing the conduct of any inmate of a 
state or county correctional institution who is being treated in an 
alcoholic treatment program within the institution.
(c) A private or public general hospital may not refuse admis-
sion or treatment to a person in need of medical services solely 
because that person is an “alcoholic,” is “drug dependent,” is “in-
capacitated by alcohol,” is “incapacitated by another drug,” or is 
an “intoxicated person” as defined in sub. (2). This paragraph 
does not require a hospital to admit or treat the person if the hos-
pital does not ordinarily provide the services required by the per-
son. A private or public general hospital which violates this para-
graph shall forfeit not more than $500.
(16) PAYMENT FOR TREATMENT. (a) Liability for payment 
for care, services and supplies provided under this section, the 
collection and enforcement of such payments, and the adjustment 
and settlement with the several counties for their proper share of 
all moneys collected under s. 46.10, shall be governed exclusively 
by s. 46.10.
(b) Payment for treatment of persons treated under s. 302.38 
shall be made under that section.
(17) APPLICABILITY OF OTHER LAWS; PROCEDURE. (a) Noth-
ing in this section affects any law, ordinance or rule the violation 
of which is punishable by fine, forfeiture or imprisonment.
(b) All administrative procedure followed by the secretary in 
the implementation of this section shall be in accordance with ch. 
227.
(18) CONSTRUCTION. This section shall be so applied and 
construed as to effectuate its general purpose to make uniform the 
law with respect to the subject of this section insofar as possible 
among states which enact similar laws.
(19) SHORT TITLE. This section may be cited as the “Alco-
holism, Drug Dependence, and Intoxication Treatment Act.”
History: 1973 c. 198; 1975 c. 200, 428; 1975 c. 430 s. 80; 1977 c. 29; 1977 c. 
187 ss. 44, 134, 135; 1977 c. 203 s. 106; 1977 c. 428; 1977 c. 449 s. 497; Sup. Ct. 
Order, 83 Wis. 2d xiii (1978); 1979 c. 32 s. 92 (11); Sup. Ct. Order, eff. 1-1-80; 1979 
c. 221 ss. 417, 2200 (20); 1979 c. 300, 331, 356; 1981 c. 20; 1981 c. 79 s. 17; 1981 
c. 289, 314; 1983 a. 27 ss. 1116 to 1121, 2202 (20); 1985 a. 29 s. 3202 (56); 1985 a. 
139; 1985 a. 176 ss. 533 to 556, 615; 1985 a. 265; 1985 a. 332 s. 251 (1); 1987 a. 
339, 366; 1989 a. 31, 336, 359; 1991 a. 39; 1993 a. 16, 27, 213, 451, 490; 1995 a. 27 
ss. 3268, 3269, 9145 (1); 1995 a. 77, 225; 1997 a. 27, 35, 237; 1999 a. 9; 2001 a. 61; 
2005 a. 22, 387, 444; 2007 a. 20; 2009 a. 180, 258, 302; 2013 a. 223, 246; 2017 a. 
34, 59; 2017 a. 364 s. 49.
Cross-reference: See also ch. DHS 75, Wis. adm. code.
Judicial Council Note, 1981: Reference to a “writ” of habeas corpus in sub. (13) 
(m) has been removed because that remedy is now available in an ordinary action. 
See s. 781.01, stats., and the note thereto. [Bill 613-A]
A one-person petition under sub. (12) is sufficient for commitment only until the 
preliminary hearing; a three-person petition under sub. (13) is required for commit-
ment beyond that time period. State v. B.A.S., 134 Wis. 2d 291 , 397 N.W.2d 114 
(Ct. App. 1986).
Criminal charges of bail jumping based solely on the consumption of alcohol do 
not violate this section. Sub. (1) is intended only to prevent prosecutions for public 
drunkenness. State ex rel. Jacobus v. State, 208 Wis. 2d 39, 559 N.W.2d 900 (1997), 
94-2995.
The requirement under sub. (13) (e) that a person sought to be committed have ac-
cess to records and reports does not require the county to file the specified records 
with the trial court prior to a final hearing. County of Dodge v. Michael J.K., 209 
Wis. 2d 499, 564 N.W.2d 350 (Ct. App. 1997), 96-2250.
Persons incapacitated by alcohol who engage in disorderly conduct in a treatment 
facility may be so charged, but not merely for the purpose of arranging for their con-
finement in jail for security during detoxification. 64 Atty. Gen. 161.
The Revision of Wisconsin’s Law of Alcoholism and Intoxication. Robb. 58 
MLR 87 (1975).
51.46 Priority for pregnant women for private treat-
ment for alcohol or other drug abuse. For inpatient or out-
patient treatment for alcohol or other drug abuse, the first priority 
for services that are available in privately operated facilities, 
whether on a voluntary or involuntary basis, is for pregnant 
women who suffer from alcoholism, alcohol abuse or drug 
dependency.
History: 1997 a. 292.
51.47 Alcohol and other drug abuse treatment for mi-
nors without parental consent. (1) Except as provided in 
subs. (2) and (3), any physician or health care facility licensed, 
approved, or certified by the state for the provision of health ser-
vices may render preventive, diagnostic, assessment, evaluation, 
or treatment services for the abuse of alcohol or other drugs to a 
minor 12 years of age or over without obtaining the consent of or 
notifying the minor’s parent or guardian and may render those 
services to a minor under 12 years of age without obtaining the 
consent of or notifying the minor’s parent or guardian, but only if 
a parent with legal custody or guardian of the minor under 12 
years of age cannot be found or there is no parent with legal cus-
tody of the minor under 12 years of age. An assessment under 
this subsection shall conform to the criteria specified in s. 
938.547 (4). Unless consent of the minor’s parent or guardian is 
required under sub. (2), the physician or health care facility shall 
obtain the minor’s consent prior to billing a 3rd party for services 
under this section. If the minor does not consent, the minor shall 
be solely responsible for paying for the services, which the de-
partment shall bill to the minor under s. 46.03 (18) (b).
(2) The physician or health care facility shall obtain the con-
sent of the minor’s parent or guardian:
(a) Before performing any surgical procedure on the minor, 
unless the procedure is essential to preserve the life or health of 
the minor and the consent of the minor’s parent or guardian is not 
readily obtainable.
(b) Before administering any controlled substances to the mi-
nor, except to detoxify the minor under par. (c).
(c) Before admitting the minor to an inpatient treatment facil-
ity, unless the admission is to detoxify the minor for ingestion of 
alcohol or other drugs.
(d) If the period of detoxification of the minor under par. (c) 
extends beyond 72 hours after the minor’s admission as a patient.
(3) The physician or health care facility shall notify the mi-
nor’s parent or guardian of any services rendered under this sec-
tion as soon as practicable.
(4) No physician or health care facility rendering services un-
der sub. (1) is liable solely because of the lack of consent or noti-
fication of the minor’s parent or guardian.
History: 1979 c. 331; 1985 a. 281; 2001 a. 16.
Except for those services for which parental consent is necessary under sub. (2), a 
physician or health care facility may release outpatient or detoxification services in-
formation only with the consent of a minor patient, provided the minor is 12 years of 
age or over. 77 Atty. Gen. 187.
51.48 Alcohol and other drug testing, assessment, 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 70 51.48 MENTAL HEALTH ACT
and treatment of minor without minor’s consent. A mi-
nor’s parent or guardian may consent to have the minor tested for 
the presence of alcohol or other drugs in the minor’s body or to 
have the minor assessed by an approved treatment facility for the 
minor’s abuse of alcohol or other drugs according to the criteria 
specified in s. 938.547 (4). If, based on the assessment, the ap-
proved treatment facility determines that the minor is in need of 
treatment for the abuse of alcohol or other drugs, the approved 
treatment facility shall recommend a plan of treatment that is ap-
propriate for the minor’s needs and that provides for the least re-
strictive form of treatment consistent with the minor’s needs. 
That treatment may consist of outpatient treatment, day treat-
ment, or, if the minor is admitted in accordance with s. 51.13, in-
patient treatment. The parent or guardian of the minor may con-
sent to the treatment recommended under this section. Consent 
of the minor for testing, assessment, or treatment under this sec-
tion is not required.
History: 1999 a. 9; 2001 a. 16.
51.49 Pretrial intoxicated driver intervention grant 
program. (1) In this section:
(a) “Defendant” means a person accused of or charged with a 
2nd or subsequent violation of operating while intoxicated.
(b) “Eligible applicant” means a city, village, town, county or 
private nonprofit organization.
(bg) “Hazardous inhalant” means a substance that is ingested, 
inhaled, or otherwise introduced into the human body in a man-
ner that does not comply with any cautionary labeling that is re-
quired for the substance under s. 100.37 or under federal law, or 
in a manner that is not intended by the manufacturer of the sub-
stance, and that is intended to induce intoxication or elation, to 
stupefy the central nervous system, or to change the human audio, 
visual, or mental processes.
(c) “Intoxicant” means any alcohol beverage, hazardous in-
halant, controlled substance, controlled substance analog or other 
drug, or any combination thereof.
(d) “Operating while intoxicated” means a violation of s. 
346.63 (1) or (2m) or a local ordinance in conformity therewith 
or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.
(2) The department shall administer the pretrial intoxicated 
driver intervention grant program. The program shall award 
grants to eligible applicants to administer a local pretrial intoxi-
cated driver intervention program that, prior to the sentencing of 
a defendant for operating while intoxicated, does all of the 
following:
(a) Identifies the defendant and notifies him or her of the 
availability and cost of the program and that, if the defendant is 
convicted, a court will consider the defendant’s participation in 
the program when imposing a sentence.
(b) Monitors the defendant’s use of intoxicants to reduce the 
incidence of abuse.
(c) Treats the defendant’s abuse of intoxicants to reduce the 
incidence of abuse.
(d) Reports to the court on the defendant’s participation in the 
program.
(e) Requires program participants to pay a reasonable fee to 
participate in the program. Such a fee may not exceed 20 percent 
of the actual per capita cost of the program.
(3) The amount of a grant under this section may not exceed 
80 percent of the amount expended by an eligible applicant for 
services related to the program.
(4) (a) Not later than December 31 of each even-numbered 
year, the department shall submit a report to the legislature under 
s. 13.172 (2) that states the number of individuals arrested for a 
2nd or subsequent offense of operating while intoxicated; the 
number of individuals who completed a local pretrial intoxicated 
driver intervention program; the percentage of successful com-
pletion of all individuals who commence such a program; the 
number of individuals who, after completing such a program, are 
arrested for a 3rd or subsequent offense of operating while intox-
icated; and the number of individuals eligible to participate in a 
program who did not complete a program and who, after becom-
ing eligible to participate in the program, are arrested for a 3rd or 
subsequent offense of operating while intoxicated.
(b) An eligible applicant who receives a grant under sub. (2) 
shall, not later than December 31 of the year for which the grant 
was made, submit a report to the speaker of the assembly and to 
the president of the senate in the manner described in s. 13.172 
(3) summarizing the results of the pretrial intoxicated driver in-
tervention program administered by the eligible applicant and 
providing any additional information required by the department.
(5) Consent to participate in a local pretrial intoxicated driver 
intervention program funded under this section is not an admis-
sion of guilt and the consent may not be admitted in evidence in a 
trial for operating while intoxicated. No statement relating to op-
erating while intoxicated, made by the defendant in connection 
with any discussions concerning the program or to any person in-
volved in the program, is admissible in a trial for operating while 
intoxicated.
History: 1997 a. 27; 1999 a. 9, 185; 2013 a. 83; 2015 a. 55 s. 2595; Stats. 2015 
s. 51.49.
51.59 Incompetency not implied. (1) No person is 
deemed incompetent to manage his or her affairs, to contract, to 
hold professional, occupational or motor vehicle operator’s li-
censes, to marry or to obtain a divorce, to vote, to make a will or 
to exercise any other civil right solely by reason of his or her ad-
mission to a facility in accordance with this chapter or detention 
or commitment under this chapter.
(2) This section does not authorize an individual who has 
been involuntarily committed or detained under this chapter to 
refuse treatment during such commitment or detention, except as 
provided under s. 51.61 (1) (g) and (h).
History: 1977 c. 428; 1987 a. 366.
51.60 Appointment of counsel. (1) ADULTS. (a) In any 
situation under this chapter in which an adult individual has a 
right to be represented by counsel, the individual shall be referred 
as soon as practicable to the state public defender, who shall ap-
point counsel for the individual under s. 977.08 without a deter-
mination of indigency.
(b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not 
apply if the individual knowingly and voluntarily waives counsel.
(2) MINORS. In any situation under this chapter in which a 
minor has a right to be represented by counsel, counsel for the mi-
nor shall be appointed as provided in s. 48.23 (4).
(3) RETAINED COUNSEL. Notwithstanding subs. (1) and (2), 
an individual subject to proceedings under this chapter is entitled 
to retain counsel of his or her own choosing at his or her own 
expense.
History: 2007 a. 20.
51.605 Reimbursement for counsel provided by the 
state. (1) INQUIRY. At or after the conclusion of a proceeding 
under this chapter in which the state public defender has provided 
counsel for an adult individual, the court may inquire as to the in-
dividual’s ability to reimburse the state for the costs of represen-
tation. If the court determines that the individual is able to make 
reimbursement for all or part of the costs of representation, the 
court may order the individual to reimburse the state an amount 
not to exceed the maximum amount established by the public de-
fender board under s. 977.075 (4). Upon the court’s request, the 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.6171 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
state public defender shall conduct a determination of indigency 
under s. 977.07 and report the results of the determination to the 
court.
(2) PAYMENT. Reimbursement ordered under this section 
shall be made to the clerk of courts of the county where the pro-
ceedings took place. The clerk of courts shall transmit payments 
under this section to the county treasurer, who shall deposit 25 
percent of the payment amount in the county treasury and trans-
mit the remainder to the secretary of administration. Payments 
transmitted to the secretary of administration shall be deposited 
in the general fund and credited to the appropriation account un-
der s. 20.550 (1) (L).
(3) REPORT. By January 31st of each year, the clerk of courts 
for each county shall report to the state public defender the total 
amount of reimbursements ordered under sub. (1) in the previous 
calendar year and the total amount of reimbursements paid to the 
clerk under sub. (2) in the previous year.
History: 2007 a. 20.
51.61 Patients rights. (1) In this section, “patient” means 
any individual who is receiving services for mental illness, devel-
opmental disabilities, alcoholism or drug dependency, including 
any individual who is admitted to a treatment facility in accor-
dance with this chapter or ch. 48 or 55 or who is detained, com-
mitted or placed under this chapter or ch. 48, 55, 971, 975 or 980, 
or who is transferred to a treatment facility under s. 51.35 (3) or 
51.37 or who is receiving care or treatment for those conditions 
through the department or a county department under s. 51.42 or 
51.437 or in a private treatment facility. “Patient” does not in-
clude persons committed under ch. 975 who are transferred to or 
residing in any state prison listed under s. 302.01. In private hos-
pitals and in public general hospitals, “patient” includes any indi-
vidual who is admitted for the primary purpose of treatment of 
mental illness, developmental disability, alcoholism or drug 
abuse but does not include an individual who receives treatment 
in a hospital emergency room nor an individual who receives 
treatment on an outpatient basis at those hospitals, unless the in-
dividual is otherwise covered under this subsection. Except as 
provided in sub. (2), each patient shall:
(a) Upon admission or commitment be informed orally and in 
writing of his or her rights under this section. Copies of this sec-
tion shall be posted conspicuously in each patient area, and shall 
be available to the patient’s guardian and immediate family.
(b) 1. Have the right to refuse to perform labor which is of fi-
nancial benefit to the facility in which the patient is receiving 
treatment or service. Privileges or release from the facility may 
not be conditioned upon the performance of any labor which is 
regulated by this paragraph. Patients may voluntarily engage in 
therapeutic labor which is of financial benefit to the facility if 
such labor is compensated in accordance with a plan approved by 
the department and if:
a. The specific labor is an integrated part of the patient’s 
treatment plan approved as a therapeutic activity by the profes-
sional staff member responsible for supervising the patient’s 
treatment;
b. The labor is supervised by a staff member who is qualified 
to oversee the therapeutic aspects of the activity;
c. The patient has given his or her written informed consent 
to engage in such labor and has been informed that such consent 
may be withdrawn at any time; and
d. The labor involved is evaluated for its appropriateness by 
the staff of the facility at least once every 120 days.
2. Patients may also voluntarily engage in noncompensated 
therapeutic labor which is of financial benefit to the facility, if the 
conditions for engaging in compensated labor under this para-
graph are met and if:
a. The facility has attempted to provide compensated labor as 
a first alternative and all resources for providing compensated la-
bor have been exhausted;
b. Uncompensated therapeutic labor does not cause layoffs 
of staff hired by the facility to otherwise perform such labor; and
c. The patient is not required in any way to perform such la-
bor. Tasks of a personal housekeeping nature are not to be con-
sidered compensable labor.
3. Payment to a patient performing labor under this section 
shall not be applied to costs of treatment without the informed, 
written consent of such patient. This paragraph does not apply to 
individuals serving a criminal sentence who are transferred from 
a state correctional institution under s. 51.37 (5) to a treatment 
facility.
(cm) Have the rights specified under subd. 1. to send and re-
ceive sealed mail, subject to the limitations specified under subd. 
2.
1. Patients have an unrestricted right to send sealed mail and 
receive sealed mail to or from legal counsel, the courts, govern-
ment officials, private physicians, and licensed psychologists, 
and have reasonable access to letter writing materials including 
postage stamps. A patient shall also have a right to send sealed 
mail and receive sealed mail to or from other persons, subject to 
physical examination in the patient’s presence if there is reason to 
believe that such communication contains contraband materials 
or objects that threaten the security of patients, prisoners, or staff. 
Such reasons shall be written in the individual’s treatment record. 
The officers and staff of a facility may not read any mail covered 
by this subdivision.
2. The rights of a patient detained or committed under ch. 
980 to send and receive sealed mail are subject to the following 
limitations:
a. An officer or staff member of the facility at which the pa-
tient is placed may delay delivery of the mail to the patient for a 
reasonable period of time to verify whether the person named as 
the sender actually sent the mail; may open the mail and inspect it 
for contraband; or may, if the officer or staff member cannot de-
termine whether the mail contains contraband, return the mail to 
the sender along with notice of the facility mail policy.
b. The director of the facility or his or her designee may, in 
accordance with the standards and the procedure under sub. (2) 
for denying a right for cause, authorize a member of the facility 
treatment staff to read the mail, if the director or his or her de-
signee has reason to believe that the mail could pose a threat to 
security at the facility or seriously interfere with the treatment, 
rights, or safety of others.
(d) Except in the case of a person who is committed for alco-
holism, have the right to petition the court for review of the com-
mitment order or for withdrawal of the order or release from com-
mitment as provided in s. 51.20 (16).
(e) Except in the case of a patient who is admitted or trans-
ferred under s. 51.35 (3) or 51.37 or under ch. 971 or 975, have 
the right to the least restrictive conditions necessary to achieve 
the purposes of admission, commitment or protective placement, 
under programs, services and resources that the county board of 
supervisors or the Milwaukee County mental health board, as ap-
plicable, is reasonably able to provide within the limits of avail-
able state and federal funds and of county funds required to be 
appropriated to match state funds.
(f) Have a right to receive prompt and adequate treatment, re-
habilitation and educational services appropriate for his or her 
condition, under programs, services and resources that the county 
board of supervisors or the Milwaukee County mental health 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 72 51.61 MENTAL HEALTH ACT
board, as applicable, is reasonably able to provide within the lim-
its of available state and federal funds and of county funds re-
quired to be appropriated to match state funds.
(fm) Have the right to be informed of his or her treatment and 
care and to participate in the planning of his or her treatment and 
care.
(g) Have the following rights, under the following procedures, 
to refuse medication and treatment:
1. Have the right to refuse all medication and treatment ex-
cept as ordered by the court under subd. 2., or in a situation in 
which the medication or treatment is necessary to prevent serious 
physical harm to the patient or to others. Medication and treat-
ment during this period may be refused on religious grounds only 
as provided in par. (h).
2. At or after the hearing to determine probable cause for 
commitment but prior to the final commitment order, other than 
for a subject individual who is alleged to meet the commitment 
standard under s. 51.20 (1) (a) 2. e., the court shall, upon the mo-
tion of any interested person, and may, upon its own motion, hold 
a hearing to determine whether there is probable cause to believe 
that the individual is not competent to refuse medication or treat-
ment and whether the medication or treatment will have thera-
peutic value and will not unreasonably impair the ability of the 
individual to prepare for or participate in subsequent legal pro-
ceedings. If the court determines that there is probable cause to 
believe the allegations under this subdivision, the court shall is-
sue an order permitting medication or treatment to be adminis-
tered to the individual regardless of his or her consent. The order 
shall apply to the period between the date of the issuance of the 
order and the date of the final order under s. 51.20 (13), unless 
the court dismisses the petition for commitment or specifies a 
shorter period. The hearing under this subdivision shall meet the 
requirements of s. 51.20 (5), except for the right to a jury trial.
3. Following a final commitment order, other than for a sub-
ject individual who is determined to meet the commitment stan-
dard under s. 51.20 (1) (a) 2. e. , have the right to exercise in-
formed consent with regard to all medication and treatment un-
less the committing court or the court in the county in which the 
individual is located, within 10 days after the filing of the motion 
of any interested person and with notice of the motion to the indi-
vidual’s counsel, if any, the individual and the applicable counsel 
under s. 51.20 (4), makes a determination, following a hearing, 
that the individual is not competent to refuse medication or treat-
ment or unless a situation exists in which the medication or treat-
ment is necessary to prevent serious physical harm to the individ-
ual or others. A report, if any, on which the motion is based shall 
accompany the motion and notice of motion and shall include a 
statement signed by a licensed physician that asserts that the sub-
ject individual needs medication or treatment and that the indi-
vidual is not competent to refuse medication or treatment, based 
on an examination of the individual by a licensed physician or by 
an advanced practice registered nurse who may issue prescription 
orders under s. 441.09 (2) and who has completed 3,000 hours of 
supervised clinical experience and holds a master’s degree in psy-
chiatric mental health nursing from a graduate school of nursing 
accredited by the National League for Nursing. The hearing un-
der this subdivision shall meet the requirements of s. 51.20 (5), 
except for the right to a jury trial. At the request of the subject in-
dividual, the individual’s counsel or applicable counsel under s. 
51.20 (4), the hearing may be postponed, but in no case may the 
postponed hearing be held more than 20 days after a motion is 
filed.
3m. Following a final commitment order for a subject indi-
vidual who is determined to meet the commitment standard un-
der s. 51.20 (1) (a) 2. e., the court shall issue an order permitting 
medication or treatment to be administered to the individual re-
gardless of his or her consent.
4. For purposes of a determination under subd. 2. or 3., an in-
dividual is not competent to refuse medication or treatment if, be-
cause of mental illness, developmental disability, alcoholism or 
drug dependence, and after the advantages and disadvantages of 
and alternatives to accepting the particular medication or treat-
ment have been explained to the individual, one of the following 
is true:
a. The individual is incapable of expressing an understanding 
of the advantages and disadvantages of accepting medication or 
treatment and the alternatives.
b. The individual is substantially incapable of applying an 
understanding of the advantages, disadvantages and alternatives 
to his or her mental illness, developmental disability, alcoholism 
or drug dependence in order to make an informed choice as to 
whether to accept or refuse medication or treatment.
(h) Have a right to be free from unnecessary or excessive med-
ication at any time. No medication may be administered to a pa-
tient except at the written order of a physician. The attending 
physician is responsible for all medication which is administered 
to a patient. A record of the medication which is administered to 
each patient shall be kept in his or her medical records. Medica-
tion may not be used as punishment, for the convenience of staff, 
as a substitute for a treatment program, or in quantities that inter-
fere with a patient’s treatment program. Except when medication 
or medical treatment has been ordered by the court under par. (g) 
or is necessary to prevent serious physical harm to others as evi-
denced by a recent overt act, attempt or threat to do such harm, a 
patient may refuse medications and medical treatment if the pa-
tient is a member of a recognized religious organization and the 
religious tenets of such organization prohibit such medications 
and treatment. The individual shall be informed of this right 
prior to administration of medications or treatment whenever the 
patient’s condition so permits.
(i) 1. Except as provided in subd. 2., have a right to be free 
from physical restraint and isolation except for emergency situa-
tions or when isolation or restraint is a part of a treatment pro-
gram. Isolation or restraint may be used only when less restric-
tive measures are ineffective or not feasible and shall be used for 
the shortest time possible. When a patient is placed in isolation 
or restraint, his or her status shall be reviewed once every 30 min-
utes. Each facility shall have a written policy covering the use of 
restraint or isolation that ensures that the dignity of the individual 
is protected, that the safety of the individual is ensured, and that 
there is regular, frequent monitoring by trained staff to care for 
bodily needs as may be required. Isolation or restraint may be 
used for emergency situations only when it is likely that the pa-
tient may physically harm himself or herself or others. The treat-
ment director shall specifically designate physicians who are au-
thorized to order isolation or restraint, and shall specifically des-
ignate licensed psychologists who are authorized to order isola-
tion. If the treatment director is not a physician, the medical di-
rector shall make the designation. In the case of a center for the 
developmentally disabled, use shall be authorized by the director 
of the center. The authorization for emergency use of isolation or 
restraint shall be in writing, except that isolation or restraint may 
be authorized in emergencies for not more than one hour, after 
which time an appropriate order in writing shall be obtained from 
the physician or licensed psychologist designated by the director, 
in the case of isolation, or the physician so designated in the case 
of restraint. Emergency isolation or restraint may not be contin-
ued for more than 24 hours without a new written order. Isolation 
may be used as part of a treatment program if it is part of a writ-
ten treatment plan, and the rights specified in this subsection are 
provided to the patient. The use of isolation as a part of a treat-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.6173 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
ment plan shall be explained to the patient and to his or her 
guardian, if any, by the person who provides the treatment. A 
treatment plan that incorporates isolation shall be evaluated at 
least once every 2 weeks. Patients who have a recent history of 
physical aggression may be restrained during transport to or from 
the facility. Persons who are committed or transferred under s. 
51.35 (3) or 51.37 or under ch. 971 or 975, or who are detained or 
committed under ch. 980, and who, while under this status, are 
transferred to a hospital, as defined in s. 50.33 (2), for medical 
care may be isolated for security reasons within locked facilities 
in the hospital. Patients who are committed or transferred under 
s. 51.35 (3) or 51.37 or under ch. 971 or 975, or who are detained 
or committed under ch. 980, may be restrained for security rea-
sons during transport to or from the facility.
2. Patients in the maximum security facility at the Mendota 
Mental Health Institute may be locked in their rooms during the 
night shift and for a period of no longer than one hour and 30 
minutes during each change of shift by staff to permit staff review 
of patient needs. Patients detained or committed under ch. 980 
and placed in a facility specified under s. 980.065 may be locked 
in their rooms during the night shift, if they reside in a maximum 
or medium security unit in which each room is equipped with a 
toilet and sink, or if they reside in a unit in which each room is not 
equipped with a toilet and sink and the number of patients outside 
their rooms equals or exceeds the number of toilets in the unit, ex-
cept that patients who do not have toilets in their rooms must be 
given an opportunity to use a toilet at least once every hour, or 
more frequently if medically indicated. Patients in the maximum 
security facility at the Mendota Mental Health Institute, or pa-
tients detained or committed under ch. 980 and placed in a facil-
ity specified under s. 980.065, may also be locked in their rooms 
on a unit-wide or facility-wide basis as an emergency measure as 
needed for security purposes to deal with an escape or attempted 
escape, the discovery of a dangerous weapon in the unit or facility 
or the receipt of reliable information that a dangerous weapon is 
in the unit or facility, or to prevent or control a riot or the taking 
of a hostage. A unit-wide or facility-wide emergency isolation or-
der may only be authorized by the director of the unit or facility 
where the order is applicable or his or her designee. A unit-wide 
or facility-wide emergency isolation order affecting the Mendota 
Mental Health Institute must be approved within one hour after it 
is authorized by the director of the Mendota Mental Health Insti-
tute or the director’s designee. An emergency order for unit-wide 
or facility-wide isolation may only be in effect for the period of 
time needed to preserve order while dealing with the situation 
and may not be used as a substitute for adequate staffing. During 
a period of unit-wide or facility-wide isolation, the status of each 
patient shall be reviewed every 30 minutes to ensure the safety 
and comfort of the patient, and each patient who is locked in a 
room without a toilet shall be given an opportunity to use a toilet 
at least once every hour, or more frequently if medically indi-
cated. Each unit in the maximum security facility at the Mendota 
Mental Health Institute and each unit in a facility specified under 
s. 980.065 shall have a written policy covering the use of isola-
tion that ensures that the dignity of the individual is protected, 
that the safety of the individual is secured, and that there is regu-
lar, frequent monitoring by trained staff to care for bodily needs 
as may be required. The isolation policies shall be reviewed and 
approved by the director of the Mendota Mental Health Institute 
or the director’s designee, or by the director of the facility speci-
fied under s. 980.065 or his or her designee, whichever is 
applicable.
(j) Have a right not to be subjected to experimental research 
without the express and informed consent of the patient and of 
the patient’s guardian after consultation with independent spe-
cialists and the patient’s legal counsel. Such proposed research 
shall first be reviewed and approved by the institution’s research 
and human rights committee created under sub. (4) and by the de-
partment before such consent may be sought. Prior to such ap-
proval, the committee and the department shall determine that re-
search complies with the principles of the statement on the use of 
human subjects for research adopted by the American Associa-
tion on Mental Deficiency, and with the regulations for research 
involving human subjects required by the U.S. department of 
health and human services for projects supported by that agency.
(k) Have a right not to be subjected to treatment procedures 
such as psychosurgery, or other drastic treatment procedures 
without the express and informed consent of the patient after con-
sultation with his or her counsel and legal guardian, if any. Ex-
press and informed consent of the patient after consultation with 
the patient’s counsel and legal guardian, if any, is required for the 
use of electroconvulsive treatment.
(L) Have the right to religious worship within the facility if 
the patient desires such an opportunity and a member of the 
clergy of the patient’s religious denomination or society is avail-
able to the facility. The provisions for such worship shall be 
available to all patients on a nondiscriminatory basis. No individ-
ual may be coerced into engaging in any religious activities.
(m) Have a right to a humane psychological and physical envi-
ronment within the hospital facilities. These facilities shall be 
designed to afford patients with comfort and safety, to promote 
dignity and ensure privacy. Facilities shall also be designed to 
make a positive contribution to the effective attainment of the 
treatment goals of the hospital.
(n) Have the right to confidentiality of all treatment records, 
have the right to inspect and copy such records, and have the right 
to challenge the accuracy, completeness, timeliness or relevance 
of information relating to the individual in such records, as pro-
vided in s. 51.30.
(o) Except as otherwise provided, have a right not to be filmed 
or taped, unless the patient signs an informed and voluntary con-
sent that specifically authorizes a named individual or group to 
film or tape the patient for a particular purpose or project during 
a specified time period. The patient may specify in the consent 
periods during which, or situations in which, the patient may not 
be filmed or taped. If a patient is adjudicated incompetent, the 
consent shall be granted on behalf of the patient by the patient’s 
guardian. A patient in Goodland Hall at the Mendota Mental 
Health Institute, a patient detained or committed under ch. 980, 
or a patient who is in the legal custody of or under the supervision 
of the department of corrections, may be subject to video surveil-
lance or filmed or taped without the patient’s consent, except that 
such a patient may not be filmed in patient bedrooms or bath-
rooms without the patient’s consent unless the patient is engaged 
in dangerous or disruptive behavior. A patient placed in a resi-
dential care center for children and youth, group home, or shelter 
care facility licensed under ch. 48 may be subject to video sur-
veillance or filmed or taped without the patient’s consent as au-
thorized under s. 48.672. A treatment activity involving a patient 
committed or detained under ch. 980 may be filmed or taped if 
the purpose of the recording is to assess the quality of the treat-
ment activity or to facilitate clinical supervision of the staff in-
volved in the treatment activity.
(p) Have reasonable access to a telephone to make and receive 
telephone calls within reasonable limits.
(q) Be permitted to use and wear his or her own clothing and 
personal articles, or be furnished with an adequate allowance of 
clothes if none are available. Provision shall be made to launder 
the patient’s clothing.
(r) Be provided access to a reasonable amount of individual 
secure storage space for his or her own private use.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 74 51.61 MENTAL HEALTH ACT
(s) Have reasonable protection of privacy in such matters as 
toileting and bathing.
(t) Be permitted to see visitors each day.
(u) Have the right to present grievances under the procedures 
established under sub. (5) on his or her own behalf or that of oth-
ers to the staff or administrator of the treatment facility or com-
munity mental health program without justifiable fear of reprisal 
and to communicate, subject to par. (p), with public officials or 
with any other person without justifiable fear of reprisal.
(v) Have the right to use his or her money as he or she 
chooses, except to the extent that authority over the money is held 
by another, including the parent of a minor, a court-appointed 
guardian of the patient’s estate or a representative payee. If a 
treatment facility or community mental health program so ap-
proves, a patient or his or her guardian may authorize in writing 
the deposit of money in the patient’s name with the facility or 
program. Any earnings attributable to the money accrue to the 
patient. The treatment facility or community mental health pro-
gram shall maintain a separate accounting of the deposited 
money of each patient. The patient or his or her guardian shall re-
ceive, upon written request by the patient or guardian, a written 
monthly account of any financial transactions made by the treat-
ment facility or community mental health program with respect 
to the patient’s money. If a patient is discharged from a treatment 
facility or community mental health program, all of the patient’s 
money, including any attributable accrued earnings, shall be re-
turned to the patient. No treatment facility or community mental 
health program or employee of such a facility or program may act 
as representative payee for a patient for social security, pension, 
annuity or trust fund payments or other direct payments or mone-
tary assistance unless the patient or his or her guardian has given 
informed written consent to do so or unless a representative payee 
who is acceptable to the patient or his or her guardian and the 
payer cannot be identified. A community mental health program 
or treatment facility shall give money of the patient to him or her 
upon request, subject to any limitations imposed by guardianship 
or representative payeeship, except that an inpatient facility may, 
as a part of its security procedures, limit the amount of currency 
that is held by a patient and may establish reasonable policies 
governing patient account transactions.
(w) 1. Have the right to be informed in writing, before, upon 
or at a reasonable time after admission, of any liability that the 
patient or any of the patient’s relatives may have for the cost of the 
patient’s care and treatment and of the right to receive informa-
tion about charges for care and treatment services.
2. If the patient is a minor, if the patient’s parents may be li-
able for the cost of the patient’s care and treatment and if the pa-
tient’s parents can be located with reasonable effort, the treatment 
facility or community mental health program shall notify the pa-
tient’s parents of any liability that the parents may have for the 
cost of the patient’s care and treatment and of their right to re-
ceive information under subd. 3., except that a minor patient’s 
parents may not be notified under this subdivision if the minor 
patient is receiving care under s. 51.47 without the consent of the 
minor patient’s parent or guardian.
3. A patient, a patient’s relative who may be liable for the 
cost of the patient’s care and treatment, or a patient’s guardian 
may request information about charges for care and treatment ser-
vices at the treatment facility or community mental health pro-
gram. If a treatment facility or community mental health pro-
gram receives such a request, the treatment facility or community 
mental health program shall promptly provide to the individual 
making the request written information about the treatment facil-
ity’s or community mental health program’s charges for care and 
treatment services. Unless the request is made by the patient, the 
guardian of a patient adjudicated incompetent in this state, the 
parent or guardian of a minor who has access to the minor’s treat-
ment records under s. 51.30 (5) (b) 1., or a person designated by 
the patient’s informed written consent under s. 51.30 (4) (a) as a 
person to whom information may be disclosed, information re-
leased under this subdivision is limited to general information 
about the treatment facility’s or community mental health pro-
gram’s charges for care and treatment services and may not in-
clude information which may not be disclosed under s. 51.30.
(x) Have the right to be treated with respect and recognition of 
the patient’s dignity and individuality by all employees of the 
treatment facility or community mental health program and by li-
censed, certified, registered or permitted providers of health care 
with whom the patient comes in contact.
(y) Have the right, if provided services by a licensed mental 
health professional who is not affiliated with a county depart-
ment or treatment facility, to be notified by the professional in 
writing of the grievance resolution procedure option that the pro-
fessional makes available to the patient, as required under s. 
457.04 (8).
(z) In the case of a patient committed under ch. 980, have the 
right to have a county department submit a report under s. 980.08 
(4) (dm) within the time frame specified under that paragraph.
(2) A patient’s rights guaranteed under sub. (1) (p) to (t) may 
be denied for cause after review by the director of the facility, and 
may be denied when medically or therapeutically contraindicated 
as documented by the patient’s physician, licensed psychologist, 
or licensed mental health professional in the patient’s treatment 
record. The individual shall be informed in writing of the 
grounds for withdrawal of the right and shall have the opportu-
nity for a review of the withdrawal of the right in an informal 
hearing before the director of the facility or his or her designee. 
There shall be documentation of the grounds for withdrawal of 
rights in the patient’s treatment record. After an informal hearing 
is held, a patient or his or her representative may petition for re-
view of the denial of any right under this subsection through the 
use of the grievance procedure provided in sub. (5) or, for review 
of the denial of a right by a licensed mental health professional 
who is not affiliated with a county department or treatment facil-
ity, through the use of one of the grievance resolution procedure 
options required under s. 457.04 (8). Alternatively, or in addition 
to the use of the appropriate grievance procedure, a patient or his 
or her representative may bring an action under sub. (7).
(3) The rights accorded to patients under this section apply to 
patients receiving services in outpatient and day-service treat-
ment facilities, as well as community mental health programs, in-
sofar as applicable.
(4) (a) Each facility which conducts research upon human 
subjects shall establish a research and human rights committee 
consisting of not less than 5 persons with varying backgrounds to 
assure complete and adequate review of research activities com-
monly conducted by the facility. The committee shall be suffi-
ciently qualified through the maturity, experience and expertise 
of its members and diversity of its membership to ensure respect 
for its advice and counsel for safeguarding the rights and welfare 
of human subjects. In addition to possessing the professional 
competence necessary to review specific activities, the commit-
tee shall be able to ascertain the acceptability of proposals in 
terms of commitments of the facility and federal regulations, ap-
plicable law, standards of professional conduct and practice, and 
community attitudes.
(b) No member of a committee may be directly involved in the 
research activity or involved in either the initial or continuing re-
view of an activity in which he or she has a conflicting interest, 
except to provide information requested by the committee.
(c) No committee may consist entirely of persons who are of-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.6175 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
ficers, employees or agents of or are otherwise associated with 
the facility, apart from their membership on the committee.
(d) No committee may consist entirely of members of a single 
professional group.
(e) A majority of the membership of the committee consti-
tutes a quorum to do business.
(5) (a) The department shall establish procedures to assure 
protection of patients’ rights guaranteed under this chapter, and 
shall, except for the grievance procedures of the Mendota and 
Winnebago mental health institutes and the state centers for the 
developmentally disabled, implement a grievance procedure 
which complies with par. (b) to assure that rights of patients un-
der this chapter are protected and enforced by the department, by 
service providers and by county departments under ss. 51.42 and 
51.437. The procedures established by the department under this 
subsection apply to patients in private hospitals or public general 
hospitals.
(b) The department shall promulgate rules that establish stan-
dards for the grievance procedure used as specified in par. (a) by 
the department, county departments under ss. 51.42 and 51.437 
and service providers. The standards shall include all of the fol-
lowing components:
1. Written policies and procedures regarding the uses and op-
eration of the grievance system.
2. A requirement that a person, who is the contact for initiat-
ing and processing grievances, be identified within the depart-
ment and in each county department under ss. 51.42 and 51.437 
and be specified by each service provider.
3. An informal process for resolving grievances.
4. A formal process for resolving grievances, in cases where 
the informal process fails to resolve grievances to the patient’s 
satisfaction.
5. A process for notification of all patients of the grievance 
process.
6. Time limits for responses to emergency and nonemer-
gency grievances, as well as time limits for deciding appeals.
7. A process which patients may use to appeal unfavorable 
decisions within the department or county department under s. 
51.42 or 51.437 or through the service provider.
8. A process which may be used to appeal final decisions un-
der subd. 7. of the department, county department under s. 51.42 
or 51.437 or service provider to the department of health 
services.
9. Protections against the application of sanctions against 
any complainant or any person, including an employee of the de-
partment, county department under s. 51.42 or 51.437 or service 
provider who assists a complainant in filing a grievance.
(c) Each county department of community programs shall at-
tach a statement to an application for recertification of its com-
munity mental health programs or treatment facilities that are op-
erated by or under contract with the county. The statement shall 
indicate if any complaints or allegations of violations of rights es-
tablished under this section were made during the certification 
period immediately before the period of recertification that is re-
quested and shall summarize any complaints or allegations made. 
The statement shall contain the date of the complaint or allega-
tion, the disposition of the matter and the date of disposition. 
The department shall consider the statement in reviewing the ap-
plication for recertification.
(d) No person may intentionally retaliate or discriminate 
against any patient or employee for contacting or providing infor-
mation to any official or to an employee of any state protection 
and advocacy agency, or for initiating, participating in, or testify-
ing in a grievance procedure or in an action for any remedy autho-
rized under this section. Whoever violates this paragraph may be 
fined not more than $1,000 or imprisoned for not more than 6 
months or both.
(e) A licensed mental health professional who is not affiliated 
with a county department or treatment facility shall notify in 
writing each patient to whom the professional provides services 
of the procedure to follow to resolve a grievance. The notice shall 
provide an option that the professional makes available to the pa-
tient, as required under s. 457.04 (8). Paragraphs (a) and (b) do 
not apply to this paragraph.
(6) Subject to the rights of patients provided under this chap-
ter, 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 cus-
tomary and usual treatment techniques and procedures in a rea-
sonable and appropriate manner in the treatment of patients who 
are receiving services under the mental health system, for the pur-
pose of ameliorating the conditions for which the patients were 
admitted to the system. The written, informed consent of any pa-
tient 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 re-
quired, 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 the minor is 14 years of 
age or older and is receiving services for mental illness or devel-
opmental disability, the written, informed consent of the minor 
and the minor’s parent or guardian is required, except that a re-
fusal of either such a minor 14 years of age or older or the minor’s 
parent or guardian to provide written, informed consent for ad-
mission 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 out-
patient mental health treatment is reviewable under s. 51.14.
(7) (a) Any patient whose rights are protected under this sec-
tion who suffers damage as the result of the unlawful denial or vi-
olation of any of these rights may bring an action against the per-
son, including the state or any political subdivision thereof, which 
unlawfully denies or violates the right in question. The individ-
ual may recover any damages as may be proved, together with ex-
emplary damages of not less than $100 for each violation and 
such costs and reasonable actual attorney fees as may be incurred.
(b) Any patient whose rights are protected under this section 
may bring an action against any person, including the state or any 
political subdivision thereof, which willfully, knowingly and un-
lawfully denies or violates any of his or her rights protected under 
this section. The patient may recover such damages as may be 
proved together with exemplary damages of not less than $500 
nor more than $1,000 for each violation, together with costs and 
reasonable actual attorney fees. It is not a prerequisite to an ac-
tion under this paragraph that the plaintiff suffer or be threatened 
with actual damages.
(c) Any patient whose rights are protected under this section 
may bring an action to enjoin the unlawful violation or denial of 
rights under this section and may in the same action seek dam-
ages as provided in this section. The individual may also recover 
costs and reasonable actual attorney fees if he or she prevails.
(d) Use of the grievance procedure established under sub. (5) 
is not a prerequisite to bringing an action under this subsection.
(7m) Whoever intentionally deprives a patient of the ability 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 76 51.61 MENTAL HEALTH ACT
to seek redress for the alleged violation of his or her rights under 
this section by unreasonably precluding the patient from doing 
any of the following may be fined not more than $1,000 or im-
prisoned for not more than 6 months or both:
(a) Using the grievance procedure specified in sub. (5).
(b) Communicating, subject to sub. (1) (p), with a court, gov-
ernment official or staff member of the protection and advocacy 
agency that is designated under s. 51.62 or with legal counsel.
(8) Any informed consent which is required under sub. (1) (a) 
to (i) may be exercised by the patient’s legal guardian if the pa-
tient has been adjudicated incompetent and the guardian is so em-
powered, or by the parent of the patient if the patient is a minor.
(9) Except for grievance resolution procedure options speci-
fied under s. 457.04 (8) (a), (b), and (c), the department shall pro-
mulgate rules to implement this section.
(10) No person who, in good faith, files a report with the ap-
propriate examining board concerning the violation of rights un-
der this section by persons licensed, certified, registered or per-
mitted under ch. 441, 446, 450, 455 or 456, or who participates in 
an investigation of an allegation by the appropriate examining 
board, is liable for civil damages for the filing or participation.
History: 1975 c. 430; 1977 c. 428 ss. 96 to 109, 115; 1981 c. 20; 1981 c. 314 s. 
144; 1983 a. 189 s. 329 (5); 1983 a. 293, 357, 538; 1985 a. 176; 1987 a. 366, 367, 
403; 1989 a. 31; 1993 a. 184, 445, 479; 1995 a. 27 s. 9126 (19); 1995 a. 92, 268, 
292; 1997 a. 292; 2001 a. 16 ss. 1993j to 1993w, 4034zk, 4034zl; 2001 a. 104; 2005 
a. 387, 434, 444; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97; 2009 a. 28; 2011 a. 32; 2013 
a. 161, 203; 2017 a. 184, 204; 2021 a. 240 s. 30; 2025 a. 123, 184.
Cross-reference: See also ch. DHS 94, Wis. adm. code.
A patient in a state facility can recover fees under sub. (7) (c) from the county. 
J.S. v. State, 144 Wis. 2d 670, 425 N.W.2d 15 (Ct. App. 1988).
The court may order an agency to do planning and implementation work neces-
sary to fulfill the obligation to order placement conforming to sub. (1) (e) and s. 
55.06 (9) (a) [now s. 55.12 (1)]. Fond du Lac County v. J.G.S., 159 Wis. 2d 685, 465 
N.W.2d 227 (Ct. App. 1990).
A nurse’s decision to take a mental health patient on a recreational walk was not 
treatment under sub. (1) (f), and no cause of action was created under this section for 
injuries incurred when the patient fell. Erbstoeszer v. American Casualty Co., 169 
Wis. 2d 637, 486 N.W.2d 549 (Ct. App. 1992).
Sub. (1) (g) 4. is not merely illustrative; it establishes the only standard by which 
a court may determine whether a patient is competent to refuse psychotropic medi-
cation. Discussing factors to be considered in determining whether this competency 
standard is met. Virgil D. v. Rock County, 189 Wis. 2d 1, 524 N.W.2d 894 (1994).
Sub. (1) (k) is unconstitutionally overbroad because it prevents all patients unable 
to give “express and informed” consent from receiving electroconvulsive treatment 
under any circumstances, even when the treatment may be life saving. Professional 
Guardianships, Inc. v. Ruth E.J., 196 Wis. 2d 794, 540 N.W.2d 213 (Ct. App. 1995), 
95-2010.
Court commissioners have the authority to conduct hearings under sub. (1) (g). 
Carol J.R. v. County of Milwaukee, 196 Wis. 2d 882 , 540 N.W.2d 233 (Ct. App. 
1995), 94-0688.
In this action for negligence and malpractice, when the provider’s treatment tech-
niques or deficiencies were part and parcel of the plaintiff’s claim, it was appropri-
ate to award costs and attorney fees under sub. (7) (a). Wright v. Mercy Hospital of 
Janesville, Wisconsin, Inc., 206 Wis. 2d 449, 557 N.W.2d 846 (Ct. App. 1996), 95-
2289.
Sub. (7) contemplates two separate and distinct causes of action. Sub. (7) (a) ap-
plies when the denial of a patient’s rights have caused actual damages. Sub. (7) (b) 
does not require damages, but allows recovery if the patient’s rights were violated 
willfully, knowingly, and unlawfully. Schaidler v. Mercy Medical Center of 
Oshkosh, Inc., 209 Wis. 2d 457, 563 N.W.2d 554 (Ct. App. 1997), 96-0645.
This section and ch. 980 provide the statutory basis for a court to issue an invol-
untary medication order for an individual who suffers from a chronic mental illness 
and is committed under ch. 980. State v. Anthony D.B., 2000 WI 94, 237 Wis. 2d 1, 
614 N.W.2d 435, 98-0576.
Involuntarily committed persons are entitled to more considerate treatment and 
conditions of confinement than criminals, but their rights are not absolute. A re-
striction of rights must be reasonably related to legitimate therapeutic and institu-
tional interests. West v. Macht, 2000 WI App 134, 237 Wis. 2d 265, 614 N.W.2d 34, 
99-1710.
Sub. (1) (i) grants broad discretionary power to the Department of Health and 
Family Services sufficient to permit its treatment facilities to transport ch. 980 pa-
tients in restraints for security reasons. Nothing requires treatment facilities to exer-
cise discretion for each individual patient rather than on the basis of the facilities’ 
experience with ch. 980 patients as a group and the individualized prior finding of 
sexual dangerousness that each ch. 980 patient has had made. Thielman v. Leean, 
2003 WI App 33, 260 Wis. 2d 253, 659 N.W.2d 73, 02-0888.
A “patient” under sub. (1) includes a person receiving services for developmental 
disabilities. Under s. 51.437, sheltered employment is one of those services. In this 
case, sheltered employment did not constitute rehabilitation, and thus the patient’s 
place of sheltered employment was not a treatment facility, and the sheltered em-
ployee could not bring a sub. (1) (x) claim. That assaults occurred in a restroom did 
not mean the patient’s right to privacy in the restroom under sub. (1) (s) was vio-
lated. Sheltered employment may include educational programs, and the patient’s 
complaint stated a claim that the assaults deprived the patient of the right to prompt 
and adequate educational services under sub. (1) (f). St. Paul Fire & Marine Insur-
ance Co. v. Keltgen, 2003 WI App 53, 260 Wis. 2d 523, 659 N.W.2d 906, 02-1249.
The exclusive remedy provision of the Worker’s Compensation Act, s. 102.03, 
does not bar a claim under this section when the injuries result from the same set of 
facts. An entity that acted as both sheltered employer and developmentally disabled 
service provider did not possess a dual persona, allowing both worker’s compensa-
tion recovery and tort recovery for the same act. St. Paul Fire & Marine Insurance 
Co. v. Keltgen, 2003 WI App 53, 260 Wis. 2d 523, 659 N.W.2d 906, 02-1249.
The Injured Patients and Families Compensation Fund under ch. 655 is not a per-
son “who violates the right in question,” as this section requires. The fund does not 
provide any treatment and could never violate any of the rights proscribed in this 
section. As a result, there is no basis to conclude that the fund is subject to costs and 
reasonable actual attorney fees. Hess v. Fernandez, 2005 WI 19, 278 Wis. 2d 283, 
692 N.W.2d 655, 03-0327.
Patients civilly committed under ch. 980 are not employees under federal or Wis-
consin minimum wage law. State ex rel. Tran v. Speech, 2010 WI App 58, 324 Wis. 
2d 567, 782 N.W.2d 107, 09-0884.
Under sub. (1) (g) 4. b., the county petitioner may prove by clear and convincing 
evidence that the individual is substantially incapable of applying the understanding 
the individual has of the advantages and disadvantages of the medication, and the al-
ternatives, to the individual’s mental illness in order to make an informed choice as 
to whether to accept or refuse the medication. Medical experts must apply the stan-
dards set out in the competency statute. An expert’s use of different language to ex-
plain the expert’s conclusions should be linked back to the standards in the statute. 
Outagamie County v. Melanie L., 2013 WI 67, 349 Wis. 2d 148, 833 N.W.2d 607, 
12-0099.
Sub. (1) (g) 3. is facially unconstitutional for any inmate who is involuntarily 
committed under s. 51.20 (1) (ar), which does not require a determination of danger-
ousness, when the inmate is involuntarily medicated based merely on a determina-
tion of incompetence to refuse medication. Winnebago County v. C.S., 2020 WI 33, 
391 Wis. 2d 35, 940 N.W.2d 875, 16-1982.
Sub. (1) (g) 4. requires that the advantages and disadvantages of and alternatives 
to accepting a particular medication or treatment must be explained to a patient who 
is subject to an involuntary medication order. In this case, the county met its burden 
to prove that the patient was not competent to refuse medication or treatment under 
sub. (1) (g) 4. when the patient, by the patient’s own express conduct, refused to en-
gage with the examining psychiatrist to receive the full, required explanations. The 
patient could not later assert that the patient’s efforts to avoid the medication discus-
sion should defeat the medication order. Outagamie County v. L.X.D.-O., 2023 WI 
App 17, 407 Wis. 2d 441, 991 N.W.2d 518, 20-1806.
Under sub. (1) (g) 3., a subject individual is entitled to notice of an involuntary 
medication hearing, and notice to counsel only is not sufficient. Waukesha County 
v. M.A.C., 2024 WI 30, 412 Wis. 2d 462, 8 N.W.3d 365, 23-0533.
Default judgment is not allowed in involuntary medication hearings under sub. (1) 
(g) 3. Waukesha County v. M.A.C., 2024 WI 30, 412 Wis. 2d 462, 8 N.W.3d 365, 
23-0533.
Sub. (1) (g) 1. and 3. does not apply to incompetent defendants committed under 
s. 971.14. State v. N.K.B., 2024 WI App 63, 414 Wis. 2d 218, 14 N.W.3d 681, 23-
0722.
Nonconsensual drug therapy did not violate due process. Stensvad v. Reivitz, 601 
F. Supp. 128 (1985).
Sub. (1) (e) and (i) does not restrict the discretion of institution administrators to 
restrain patients during transport. Thielman v. Leean, 140 F. Supp. 2d 982 (2001).
Affirmed. 282 F.3d 478 (2002).
51.62 Protection and advocacy system. (1) DEFINI-
TIONS. In this section:
(ag) “Abuse” has the meaning given in s. 46.90 (1) (a).
(am) “Developmental disability” means a severe, chronic dis-
ability of a person that is characterized by all of the following:
1. Is attributable to a mental or physical impairment or a 
combination of a mental and a physical impairment.
2. Is manifested before the person has attained the age of 22.
3. Is likely to continue indefinitely.
4. Results in substantial functional limitation in at least 3 of 
the following areas of major life activity:
a. Self-care.
b. Receptive and expressive language.
c. Learning.
d. Mobility.
e. Self-direction.
f. Capacity for independent living.
g. Economic self-sufficiency.
5. Requires a combination and sequence of special interdis-
ciplinary or generic care, treatment or other services that are of 
lifelong or extended duration and are individually planned and 
coordinated.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.6777 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(ar) “Financial exploitation” has the meaning given in s. 46.90 
(1) (ed).
(b) “Inpatient health care facility” has the meaning provided 
under s. 50.135 (1), except that it does include community-based 
residential facilities as defined under s. 50.01 (1g).
(bm) “Mental illness” means mental disease to such extent 
that a person so afflicted requires care and treatment for his or her 
welfare, or the welfare of others, or of the community and is an 
inpatient or resident in a facility rendering care or treatment or 
has been discharged from the facility for not more than 90 days.
(br) “Neglect” has the meaning given in s. 46.90 (1) (f).
(c) “Protection and advocacy agency” means an entity desig-
nated by the governor to implement a system to protect and advo-
cate the rights of persons with developmental disabilities, as au-
thorized under 42 USC 6012 or mental illness, as authorized un-
der 42 USC 10801 to 10851.
(2) DESIGNATION. (a) The governor shall designate as the 
protection and advocacy agency a private, nonprofit corporation 
that is independent of all of the following:
1. A state agency.
2. The board for people with developmental disabilities and 
the council on mental health.
3. An agency that provides treatment, services or habilitation 
to persons with developmental disabilities or mental illness.
(b) After the governor has designated a protection and advo-
cacy agency under par. (a), the protection and advocacy agency so 
designated shall continue in that capacity unless and until the 
governor redesignates the protection and advocacy agency to an-
other private, nonprofit corporation that meets the requirements 
of par. (a). The governor may redesignate this private, nonprofit 
corporation the protection and advocacy agency only if all of the 
following conditions are met:
1. Good cause exists for the redesignation.
2. Prior notice and an opportunity to comment on a proposed 
redesignation has been given to all of the following:
a. The board for people with developmental disabilities and 
the council on mental health.
b. Major organizations, in the state, of persons with develop-
mental disabilities or mental illness and families and representa-
tives of these persons.
(c) If the governor has designated a protection and advocacy 
agency before July 20, 1985, that entity shall continue in that ca-
pacity unless and until the governor redesignates the protection 
and advocacy agency to another private, nonprofit corporation 
that meets the requirements of par. (a).
(3) AGENCY POWERS AND DUTIES. (a) The protection and ad-
vocacy agency may:
1. Pursue legal, administrative and other appropriate reme-
dies to ensure the protection of the rights of persons with devel-
opmental disabilities or mental illness and to provide information 
on and referral to programs and services addressing the needs of 
persons with developmental disabilities or mental illness.
2. Have access to records as specified under ss. 51.30 (4) (b) 
18. and 146.82 (2) (a) 9.
2m. Have immediate access to any individual with mental ill-
ness or developmental disability, regardless of age, who has re-
quested services or on whose behalf services have been requested 
from the protection and advocacy agency or concerning whom 
the protection and advocacy agency has reasonable cause to be-
lieve that abuse, neglect, financial exploitation, or a violation of 
rights of the individual has occurred.
3. Contract with a private, nonprofit corporation to confer to 
that corporation the powers and duties specified for the protection 
and advocacy agency under this subsection, except that the corpo-
ration may have access to records as specified under ss. 51.30 (4) 
(b) 18. and 146.82 (2) (a) 9. only if all of the following conditions 
are met:
a. The contract of the corporation with the protection and ad-
vocacy agency so provides.
b. The department has approved the access.
(b) The protection and advocacy agency shall pay reasonable 
costs related to the reproducing or copying of patient health care 
or treatment records.
(3m) FUNDING. From the appropriation under s. 20.435 (7) 
(md), the department shall distribute $75,000 in each fiscal year 
to the protection and advocacy agency for performance of com-
munity mental health protection and advocacy services.
(4) DEPARTMENTAL DUTIES. The department shall provide 
the protection and advocacy agency with copies of annual surveys 
and plans of correction for intermediate care facilities for persons 
with an intellectual disability on or before the first day of the 2nd 
month commencing after completion of the survey or plan.
History: 1985 a. 29; 1987 a. 161 s. 13m; 1987 a. 399; 1989 a. 31; 1993 a. 27; 
1995 a. 27, 169; 1997 a. 27, 35; 2005 a. 388; 2007 a. 20, 153; 2009 a. 180; 2011 a. 
126.
The Wisconsin statutory scheme does not give an agency express authority to in-
vestigate incidents of abuse and neglect or to obtain patient records, but under fed-
eral law any state system established to protect the rights of persons with develop-
mental disabilities has that authority. Wisconsin Coalition for Advocacy, Inc. v. 
Czaplewski, 131 F. Supp. 2d 1039 (2001).
51.63 Private pay for patients. Any person may pay, in 
whole or in part, for the maintenance and clothing of any men-
tally ill, developmentally disabled, alcoholic or drug dependent 
person at any institution for the treatment of persons so afflicted, 
and his or her account shall be credited with the sums paid. The 
person may also be likewise provided with such special care in 
addition to those services usually provided by the institution as is 
agreed upon with the director, upon payment of the charges 
therefor.
History: 1975 c. 430.
51.64 Reports of death required; penalty; assess-
ment. (1) In this section:
(a) “Physical restraint” includes all of the following:
1. A locked room.
2. A device or garment that interferes with an individual’s 
freedom of movement and that the individual is unable to remove 
easily.
3. Restraint by a treatment facility staff member of a person 
admitted or committed to the treatment facility, by use of physical 
force.
(b) “Psychotropic medication” means an antipsychotic, an-
tidepressant, lithium carbonate or a tranquilizer.
(2) (a) No later than 24 hours after the death of a person ad-
mitted or committed to a treatment facility, the treatment facility 
shall report the death to the department if one of the following 
applies:
1. There is reasonable cause to believe that the death was re-
lated to the use of physical restraint or a psychotropic medication.
3. There is reasonable cause to believe that the death was a 
suicide.
History: 1989 a. 336.
51.65 Segregation of tuberculosis patients. The de-
partment shall make provision for the segregation of tuberculosis 
patients in the state-operated and community-operated facilities, 
and for that purpose may set apart facilities and equip facilities 
for the care and treatment of such patients.
History: 1975 c. 430.
51.67 Alternate procedure; protective services. If, af-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 78 51.67 MENTAL HEALTH ACT
ter a hearing under s. 51.13 (4) or 51.20, the court finds that com-
mitment under this chapter is not warranted and that the subject 
individual is a fit subject for guardianship and protective place-
ment or services, the court may, without further notice, appoint a 
temporary guardian for the subject individual and order tempo-
rary protective placement or services under ch. 55 for a period not 
to exceed 30 days. Temporary protective placement for an indi-
vidual in a center for the developmentally disabled is subject to s. 
51.06 (3). Any interested party may then file a petition for per-
manent guardianship or protective placement or services, includ-
ing medication, under ch. 55. If the individual is in a treatment 
facility, the individual may remain in the facility during the pe-
riod of temporary protective placement if no other appropriate fa-
cility is available. The court may order psychotropic medication 
as a temporary protective service under this section if it finds that 
there is probable cause to believe the individual is not competent 
to refuse psychotropic medication and that the medication or-
dered will have therapeutic value and will not unreasonably im-
pair the ability of the individual to prepare for and participate in 
subsequent legal proceedings. An individual is not competent to 
refuse psychotropic medication if, because of serious and persis-
tent mental illness, and after the advantages and disadvantages of 
and alternatives to accepting the particular psychotropic medica-
tion have been explained to the individual, one of the following is 
true:
(1) The individual is incapable of expressing an understand-
ing of the advantages and disadvantages of accepting treatment 
and the alternatives.
(2) The individual is substantially incapable of applying an 
understanding of the advantages, disadvantages and alternatives 
to his or her serious and persistent mental illness in order to make 
an informed choice as to whether to accept or refuse psychotropic 
medication.
History: 1975 c. 430; 1977 c. 187, 428; 1979 c. 89, 336; 1985 a. 29; 1987 a. 366; 
1995 a. 268; 2003 a. 33; 2005 a. 264.
51.72 Suicide prevention programming grants. (1) 
From the federal funds set aside under sub. (2), the department 
shall award grants to organizations or coalitions of organizations, 
which may include a city, village, town, county, or federally rec-
ognized American Indian tribe or band in this state, for suicide 
prevention programming.
(2) Each fiscal year, the department shall set aside $250,000 
from the federal funds received under 42 USC 300x to 300x-9 for 
the purpose of awarding grants under sub. (1). The department 
may not encumber the federal funds set aside under this subsec-
tion during the fiscal year in which the funds are set aside for any 
purpose other than awarding grants under sub. (1).
(3) The department may not award a grant under sub. (1) un-
less the recipient contributes matching funds or in-kind services 
having a value equal to at least 20 percent of the grant.
(4) The department may award a grant to a recipient under 
sub. (1) for an amount up to $25,000 in a particular fiscal year.
History: 2023 a. 85.
51.75 Interstate compact on mental health. The inter-
state compact on mental health is enacted into law and entered 
into by this state with all other states legally joining therein sub-
stantially in the following form:
THE INTERSTATE COMPACT ON
MENTAL HEALTH.
The contracting states solemnly agree that:
(1) ARTICLE I. The party states find that the proper and expe-
ditious treatment of the mentally ill and mentally deficient can be 
facilitated by cooperative action, to the benefit of the patients, 
their families and society as a whole. Further, the party states 
find that the necessity of and desirability for furnishing such care 
and treatment bears no primary relation to the residence or citi-
zenship of the patient but that, on the contrary, the controlling 
factors of community safety and humanitarianism require that fa-
cilities and services be made available for all who are in need of 
them. Consequently, it is the purpose of this compact and of the 
party states to provide the necessary legal basis for the institu-
tionalization or other appropriate care and treatment of the men-
tally ill and mentally deficient under a system that recognizes the 
paramount importance of patient welfare and to establish the re-
sponsibilities of the party states in terms of such welfare.
(2) ARTICLE II. As used in this compact:
(a) “Aftercare” means care, treatment and services provided a 
patient, as defined herein, on convalescent status or conditional 
release.
(b) “Institution” means any hospital or other facility main-
tained by a party state or political subdivision thereof for the care 
and treatment of mental illness or mental deficiency.
(c) “Mental deficiency” means mental deficiency as defined 
by appropriate clinical authorities to such extent that a person so 
afflicted is incapable of managing himself or herself and his or 
her affairs, but shall not include mental illness as defined herein.
(d) “Mental illness” means mental disease to such extent that 
a person so afflicted requires care and treatment for the person’s 
welfare, or the welfare of others, or of the community.
(e) “Patient” means any person subject to or eligible as deter-
mined by the laws of the sending state, for institutionalization or 
other care, treatment or supervision pursuant to the provisions of 
this compact.
(f) “Receiving state” means a party state to which a patient is 
transported pursuant to the provisions of the compact or to which 
it is contemplated that a patient may be so sent.
(g) “Sending state” means a party state from which a patient is 
transported pursuant to the provisions of the compact or from 
which it is contemplated that a patient may be so sent.
(h) “State” means any state, territory or possession of the 
United States, the District of Columbia, and the Commonwealth 
of Puerto Rico.
(3) ARTICLE III. (a) Whenever a person physically present in 
any party state is in need of institutionalization by reason of men-
tal illness or mental deficiency, the person shall be eligible for 
care and treatment in an institution in that state irrespective of the 
person’s residence, settlement or citizenship, qualifications.
(b) The provisions of par. (a) to the contrary notwithstanding 
any patient may be transferred to an institution in another state 
whenever there are factors based upon clinical determinations in-
dicating that the care and treatment of said patient would be facil-
itated or improved thereby. Any such institutionalization may be 
for the entire period of care and treatment or for any portion 
thereof. The factors referred to in this paragraph include the pa-
tient’s full record with due regard for the location of the patient’s 
family, character of the illness and probable duration thereof, and 
such other factors as are considered appropriate.
(c) No state is obliged to receive any patient under par. (b) un-
less the sending state has given advance notice of its intention to 
send the patient, furnished all available medical and other perti-
nent records concerning the patient and given the qualified medi-
cal or other appropriate clinical authorities of the receiving state 
an opportunity to examine the patient if said authorities so wish, 
and unless the receiving state agrees to accept the patient.
(d) If the laws of the receiving state establish a system of pri-
orities for the admission of patients, an interstate patient under 
this compact shall receive the same priority as a local patient and 
shall be taken in the same order and at the same time that the in-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.7579 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
terstate patient would be taken if the interstate patient were a lo-
cal patient.
(e) Pursuant to this compact, the determination as to the suit-
able place of institutionalization for a patient may be reviewed at 
any time and such further transfer of the patient may be made as 
seems likely to be in the best interest of the patient.
(4) ARTICLE IV. (a) Whenever, pursuant to the laws of the 
state in which a patient is physically present, it is determined that 
the patient should receive aftercare or supervision, such care or 
supervision may be provided in a receiving state. If the medical 
or other appropriate clinical authorities having responsibility for 
the care and treatment of the patient in the sending state have rea-
son to believe that aftercare in another state would be in the best 
interest of the patient and would not jeopardize the public safety, 
they shall request the appropriate authorities in the receiving state 
to investigate the desirability of affording the patient such after-
care in said receiving state, and such investigation shall be made 
with all reasonable speed. The request for investigation shall be 
accompanied by complete information concerning the patient’s 
intended place of residence and the identity of the person in 
whose charge it is proposed to place the patient, the complete 
medical history of the patient and such other documents as are 
pertinent.
(b) If the medical or other appropriate clinical authorities hav-
ing responsibility for the care and treatment of the patient in the 
sending state and the appropriate authorities in the receiving state 
find that the best interest of the patient would be served thereby, 
and if the public safety would not be jeopardized thereby, the pa-
tient may receive aftercare or supervision in the receiving state.
(c) In supervising, treating or caring for a patient on aftercare 
pursuant to the terms of this subsection, a receiving state shall 
employ the same standards of visitation, examination, care and 
treatment that it employs for similar local patients.
(5) ARTICLE V. Whenever a dangerous or potentially danger-
ous patient escapes from an institution in any party state, that 
state shall promptly notify all appropriate authorities within and 
without the jurisdiction of the escape, in a manner reasonably 
calculated to facilitate the speedy apprehension of the escapee. 
Immediately upon the apprehension and identification of any 
such dangerous or potentially dangerous patient, the patient shall 
be detained in the state where found, pending disposition in ac-
cordance with law.
(6) ARTICLE VI. The duly accredited officers of any state 
party to this compact, upon the establishment of their authority 
and the identity of the patient, shall be permitted to transport any 
patient being moved pursuant to this compact through any state 
party to this compact, without interference.
(7) ARTICLE VII. (a) No person shall be deemed a patient of 
more than one institution at any given time. Completion of trans-
fer of any patient to an institution in a receiving state shall have 
the effect of making the person a patient of the institution in the 
receiving state.
(b) The sending state shall pay all costs of and incidental to 
the transportation of any patient pursuant to this compact, but any 
2 or more party states may, by making a specific agreement for 
that purpose, arrange for a different allocation of costs as among 
themselves.
(c) No provision of this compact shall be construed to alter or 
affect any internal relationships among the departments, agencies 
and officers of and in the government of a party state, or between 
a party state and its subdivisions, as to the payment of costs or re-
sponsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any 
party state or subdivision thereof from asserting any right against 
any person in regard to costs for which such party state or subdi-
vision thereof may be responsible pursuant to any provision of 
this compact.
(e) Nothing in this compact shall be construed to invalidate 
any reciprocal agreement between a party state and a nonparty 
state relating to institutionalization, care or treatment of the men-
tally ill or mentally deficient or any statutory authority pursuant 
to which such agreements may be made.
(8) ARTICLE VIII. (a) Nothing in this compact shall be con-
strued to abridge, diminish or in any way impair the rights, duties 
and responsibilities of any patient’s guardian on the guardian’s 
own behalf or in respect of any patient for whom the guardian 
may serve, except that where the transfer of any patient to another 
jurisdiction makes advisable the appointment of a supplemental 
or substitute guardian, any court of competent jurisdiction in the 
receiving state may make such supplemental or substitute ap-
pointment and the court which appointed the previous guardian 
shall, upon being duly advised of the new appointment, and upon 
the satisfactory completion of such accounting and other acts as 
such court by law requires, relieve the previous guardian of power 
and responsibility to whatever extent is appropriate in the circum-
stances. In the case of any patient having settlement in the send-
ing state, the court of competent jurisdiction in the sending state 
has the sole discretion to relieve a guardian appointed by it or 
continue the guardian’s power and responsibility, whichever it 
deems advisable. The court in the receiving state may, in its dis-
cretion, confirm or reappoint the person previously serving as 
guardian in the sending state in lieu of making a supplemental or 
substitute appointment.
(b) The term “guardian” as used in par. (a) includes any 
guardian, trustee, legal committee, conservator or other person or 
agency however denominated who is charged by law with power 
to act for or responsibility for the person or property of a patient.
(9) ARTICLE IX. (a) No provision of this compact except sub. 
(5) applies to any person institutionalized while under sentence 
in a penal or correctional institution or while subject to trial on a 
criminal charge, or whose institutionalization is due to the com-
mission of an offense for which, in the absence of mental illness 
or mental deficiency, said person would be subject to incarcera-
tion in a penal or correctional institution.
(b) To every extent possible, it is the policy of states party to 
this compact that no patient shall be placed or detained in any 
prison, jail or lockup, but such patient shall, with all expedition, 
be taken to a suitable institutional facility for mental illness or 
mental deficiency.
(10) ARTICLE X. (a) Each party state shall appoint a “com-
pact administrator” who, on behalf of that state, shall act as gen-
eral coordinator of activities under the compact in that state and 
who shall receive copies of all reports, correspondence and other 
documents relating to any patient processed under the compact by 
that state either in the capacity of sending or receiving state. The 
compact administrator or the duly designated representative of 
the compact administrator shall be the official with whom other 
party states shall deal in any matter relating to the compact or any 
patient processed thereunder.
(b) The compact administrators of the respective party states 
shall have power to promulgate reasonable rules and regulations 
to carry out more effectively the terms and provisions of this 
compact.
(11) ARTICLE XI. The duly constituted administrative au-
thorities of any 2 or more party states may enter into supplemen-
tary agreements for the provision of any service or facility or for 
the maintenance of any institution on a joint or cooperative basis 
whenever the states concerned find that such agreements will im-
prove services, facilities or institutional care and treatment in the 
fields of mental illness or mental deficiency. No such supple-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 80 51.75 MENTAL HEALTH ACT
mentary agreement shall be construed so as to relieve any party 
state of any obligation which it otherwise would have under other 
provisions of this compact.
(12) ARTICLE XII. This compact enters into full force and ef-
fect as to any state when enacted by it into law and such state shall 
thereafter be a party thereto with all states legally joining therein.
(13) ARTICLE XIII. (a) A state party to this compact may 
withdraw therefrom by enacting a statute repealing the same. 
Such withdrawal takes effect one year after notice thereof has 
been communicated officially and in writing to the governors and 
compact administrators of all other party states. However, the 
withdrawal of any state shall not change the status of any patient 
who has been sent to said state or sent out of said state pursuant to 
the provisions of the compact.
(b) Withdrawal from any agreement permitted by sub. (7) (b) 
as to costs or from any supplementary agreement made pursuant 
to sub. (11) shall be in accordance with the terms of such 
agreement.
(14) ARTICLE XIV. This compact shall be liberally construed 
so as to effectuate the purpose thereof. The provisions of this 
compact are severable and if any phrase, clause, sentence or pro-
vision of this compact is declared to be contrary to the constitu-
tion of any party state, or of the United States or the applicability 
thereof to any government, agency, person or circumstance is 
held invalid, the validity of the remainder of this compact and the 
applicability thereof to any government, agency, person or cir-
cumstance shall not be affected thereby. If this compact is held 
contrary to the constitution of any party state thereto, the com-
pact shall remain in full force and effect as to the remaining states 
and in full force and effect as to the state affected as to all sever-
able matters.
History: 1981 c. 390; 1983 a. 189; 1991 a. 316.
This section does not apply to individuals found not guilty of criminal charges by 
reason of mental disease or defect under s. 971.17. State v. Devore, 2004 WI App 
87, 272 Wis. 2d 383, 679 N.W.2d 890, 03-2323.
While s. 51.15 (7) does not authorize contractual agreements with counties out-
side of Wisconsin, sub. (11) and ss. 51.87 (3) and 66.30 (5) [now s. 66.0303] each 
contain legal mechanisms through which financial or other responsibility for care 
and treatment of individuals from such counties may be shared under certain speci-
fied circumstances. 78 Atty. Gen. 59.
51.76 Compact administrator. Pursuant to the interstate 
compact on mental health, the secretary shall be the compact ad-
ministrator and, acting jointly with like officers of other party 
states, may promulgate rules to carry out more effectively the 
terms of the compact. The compact administrator shall cooperate 
with all departments, agencies and officers of and in the govern-
ment of this state and its subdivisions in facilitating the proper 
administration of the compact or any supplementary agreement 
entered into by this state thereunder.
51.77 Transfer of patients. (1) In this section “relatives” 
means the patient’s spouse, parents, grandparents, adult children, 
adult siblings, adult aunts, adult uncles and adult cousins, and any 
other relative with whom the patient has resided in the previous 
10 years.
(2) Transfer of patients out of Wisconsin to another state un-
der the interstate compact on mental health shall be upon recom-
mendation of no less than 3 physicians licensed under ch. 448 ap-
pointed by the court of competent jurisdiction and shall be only 
in accord with the following requirements:
(a) That the transfer be requested by the patient’s relatives or 
guardian or a person with whom the patient has resided for a sub-
stantial period on other than a commercial basis. This require-
ment does not preclude the compact administrator or the institu-
tion in which the patient is in residence from suggesting that rela-
tives or the guardian request such transfer.
(b) That the compact administrator determine that the transfer 
of the patient is in the patient’s best interest.
(c) That the patient have either interested relatives in the re-
ceiving state or a determinable interest in the receiving state.
(d) That the patient, guardian and relatives, as determined by 
the patient’s records, whose addresses are known or can with rea-
sonable diligence be ascertained, be notified.
(e) That none of the persons given notice under par. (d) object 
to the transfer of said patient within 30 days of receipt of such 
notice.
(f) That records of the intended transfer, including proof of 
service of notice under par. (d) be reviewed by the court assigned 
to exercise probate jurisdiction for the county in which the patient 
is confined or by any other court which a relative or guardian re-
quests to do so.
(3) If the request for transfer of a patient is rejected for any of 
the reasons enumerated under sub. (2), the compact administrator 
shall notify all persons making the request as to why the request 
was rejected and of the patient’s right to appeal the decision to a 
competent court.
(4) If the patient, guardian or any relative feels that the objec-
tions of other relatives or of the compact administrator raised un-
der sub. (2) are not well-founded in preventing transfer, such per-
son may appeal the decision not to transfer to a competent court 
having jurisdiction which shall determine, on the basis of evi-
dence by the interested parties and psychiatrists, psychologists 
and social workers who are acquainted with the case, whether 
transfer is in the best interests of the patient. The requirements of 
sub. (2) (c) shall apply to this subsection.
(5) The determination of mental illness or developmental dis-
ability in proceedings in this state requires a finding of a court in 
accordance with the procedure contained in s. 51.20.
History: 1975 c. 430; 1977 c. 449; 1991 a. 316.
51.78 Supplementary agreements. The compact admin-
istrator may enter into supplementary agreements with appropri-
ate officials of other states under s. 51.75 (7) and (11). If such 
supplementary agreements require or contemplate the use of any 
institution or facility of this state or county or require or contem-
plate the provision of any service by this state or county, no such 
agreement shall take effect until approved by the head of the de-
partment or agency under whose jurisdiction said institution or 
facility is operated or whose department or agency will be 
charged with the rendering of such service.
History: 1981 c. 390.
51.79 Transmittal of copies. Duly authorized copies of ss. 
51.75 to 51.80 shall, upon its approval, be transmitted by the sec-
retary of state to the governor of each state, the attorney general 
and the administrator of general services of the United States and 
the council of state governments.
History: 1979 c. 89.
51.80 Patients’ rights. Nothing in the interstate compact on 
mental health shall be construed to abridge, diminish or in any 
way impair the rights or liberties of any patient affected by the 
compact.
51.81 Uniform extradition of persons of unsound 
mind act; definitions. The terms “flight” and “fled” as used 
in ss. 51.81 to 51.85 shall be construed to mean any voluntary or 
involuntary departure from the jurisdiction of the court where the 
proceedings hereinafter mentioned may have been instituted and 
are still pending with the effect of avoiding, impeding or delaying 
the action of the court in which such proceedings may have been 
instituted or be pending, or any such departure from the state 
where the person demanded then was, if the person then was un-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.8781 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
der detention by law as a person of unsound mind and subject to 
detention. The word “state” wherever used in ss. 51.81 to 51.85 
shall include states, territories, districts and insular and other pos-
sessions of the United States. As applied to a request to return 
any person within the purview of ss. 51.81 to 51.85 to or from the 
District of Columbia, the words, “executive authority,” “gover-
nor” and “chief magistrate,” respectively, shall include a justice of 
the supreme court of the District of Columbia and other 
authority.
History: 1971 c. 40 s. 93; 1991 a. 316.
51.82 Delivery of certain nonresidents. A person al-
leged to be of unsound mind found in this state, who has fled 
from another state, in which at the time of the flight: (a) The per-
son was under detention by law in a hospital, asylum or other in-
stitution for the insane as a person of unsound mind; or (b) the 
person had been theretofore determined by legal proceedings to 
be of unsound mind, the finding being unreversed and in full 
force and effect, and the control of his or her person having been 
acquired by a court of competent jurisdiction of the state from 
which the person fled; or (c) the person was subject to detention 
in that state, being then the person’s legal domicile (personal ser-
vice of process having been made) based on legal proceedings 
pending there to have the person declared of unsound mind, shall 
on demand of the executive authority of the state from which the 
person fled, be delivered for removal thereto.
History: 1975 c. 430; 1991 a. 316.
51.83 Authentication of demand; discharge; costs. 
(1) Whenever the executive authority of any state demands of 
the executive authority of this state, any fugitive within the 
purview of s. 51.82 and produces a copy of the commitment, de-
cree or other judicial process and proceedings, certified as au-
thentic by the governor or chief magistrate of the state whence the 
person so charged has fled with an affidavit made before a proper 
officer showing the person to be such a fugitive, it is the duty of 
the executive authority of this state to cause the fugitive to be ap-
prehended and secured, if found in this state, and to cause imme-
diate notice of the apprehension to be given to the executive au-
thority making such demand, or to the agent of such authority ap-
pointed to receive the fugitive, and to cause the fugitive to be de-
livered to the agent when the agent appears.
(2) If no such agent appears within 30 days from the time of 
the apprehension, the fugitive may be discharged. All costs and 
expenses incurred in the apprehending, securing, maintaining and 
transmitting such fugitive to the state making such demand, shall 
be paid by such state. Any agent so appointed who receives cus-
tody of the fugitive shall be empowered to transmit the fugitive to 
the state from which the fugitive has fled. The executive author-
ity of this state is hereby vested with the power, on the application 
of any person interested, to demand the return to this state of any 
fugitive within the purview of ss. 51.81 to 51.85.
History: 1971 c. 40 s. 93; 1991 a. 316.
51.84 Limitation of time to commence proceeding. 
Any proceedings under ss. 51.81 to 51.85 shall be begun within 
one year after the flight referred to in ss. 51.81 to 51.85.
History: 1971 c. 40 s. 93; 1981 c. 314 s. 146.
The limitation period commences on the date the committing state discovers the 
patient in the asylum state. State ex rel. Melentowich v. Klink, 108 Wis. 2d 374, 321 
N.W.2d 272 (1982).
51.85 Interpretation. Sections 51.81 to 51.85 shall be so in-
terpreted and construed as to effectuate its general purpose to 
make uniform the law of those states which enact it.
History: 1971 c. 40 s. 93.
51.87 Interstate contracts for services under this 
chapter. (1) PURPOSE AND POLICY. The purpose of this sec-
tion is to enable appropriate treatment to be provided to individu-
als, across state lines from the individuals’ state of residence, in 
qualified facilities that are closer to the homes of the individuals 
than are facilities available in their home states.
(2) DEFINITIONS. In this section:
(a) “Receiving agency” means a public or private agency or 
county department which, under this section, provides treatment 
to individuals from a state other than the state in which the 
agency or county department is located.
(b) “Receiving state” means the state in which a receiving 
agency is located.
(c) “Sending agency” means a public or private agency lo-
cated in a state which sends an individual to another state for 
treatment under this section.
(d) “Sending state” means the state in which a sending agency 
is located.
(3) PURCHASE OF SERVICES. A county department under s. 
46.23, 51.42 or 51.437 may contract as provided under this sec-
tion with public or private agencies in states bordering on Wis-
consin to secure services under this chapter for persons who re-
ceive services through the county department, except that ser-
vices may not be secured for persons committed under s. 971.14 
or 971.17. Section 46.036 (1) to (6) applies to contracts entered 
into under this section by county departments under s. 46.23, 
51.42 or 51.437.
(4) PROVISION OF SERVICES. A county department under s. 
46.23, 51.42 or 51.437 may contract as provided under this sec-
tion with public or private agencies in a state bordering on Wis-
consin to provide services under this chapter for residents of the 
bordering state in approved treatment facilities in this state, ex-
cept that services may not be provided for residents of the border-
ing state who are involved in criminal proceedings.
(5) CONTRACT APPROVAL. A contract under this section may 
not be validly executed until the department has reviewed and ap-
proved the provisions of the contract, determined that the receiv-
ing agency provides services in accordance with the standards of 
this state and the secretary has certified that the receiving state’s 
laws governing patient rights are substantially similar to those of 
this state.
(6) RESIDENCE NOT ESTABLISHED. No person establishes le-
gal residence in the state where the receiving agency is located 
while the person is receiving services pursuant to a contract un-
der this section.
(7) TREATMENT RECORDS. Section 51.30 applies to treatment 
records of an individual receiving services pursuant to a contract 
under this section through a receiving agency in this state, except 
that the sending agency has the same right of access to the treat-
ment records of the individual as provided under s. 51.30 for a 
county department under s. 51.42 or 51.437.
(8) INVOLUNTARY COMMITMENTS. An individual who is de-
tained, committed or placed on an involuntary basis under s. 
51.15, 51.20 or 51.45 or ch. 55 may be confined and treated in an-
other state pursuant to a contract under this section. An individ-
ual who is detained, committed or placed under the civil law of a 
state bordering on Wisconsin may be confined and treated in this 
state pursuant to a contract under this section. Court orders valid 
under the law of the sending state are granted recognition and 
reciprocity in the receiving state for individuals covered by a con-
tract under this section to the extent that the court orders relate to 
confinement for treatment or care of a mental disability. Such 
court orders are not subject to legal challenge in the courts of the 
receiving state. Persons who are detained, committed or placed 
under the law of a sending state and who are transferred to a re-
ceiving state under this section continue to be in the legal custody 
of the authority responsible for them under the law of the sending 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 82 51.87 MENTAL HEALTH ACT
state. Except in emergencies, those persons may not be trans-
ferred, removed or furloughed from a facility of the receiving 
agency without the specific approval of the authority responsible 
for them under the law of the sending state.
(9) APPLICABLE LAWS. While in the receiving state pursuant 
to a contract under this section, an individual shall be subject to 
all of the provisions of law and regulations applicable to persons 
detained, committed or placed pursuant to the corresponding 
laws of the receiving state, except those laws and regulations of 
the receiving state relating to length of confinement, reexamina-
tions and extensions of confinement and except as otherwise pro-
vided by this section. The laws and regulations of the sending 
state relating to length of confinement, reexaminations and exten-
sions of confinement shall apply. No person may be sent to an-
other state pursuant to a contract under this section until the re-
ceiving state has enacted a law recognizing the validity and appli-
cability of this state’s laws as provided in this section.
(10) VOLUNTARY PLACEMENTS. If an individual receiving 
treatment on a voluntary basis pursuant to a contract under this 
section requests discharge, the receiving agency shall immedi-
ately notify the sending agency and shall return the individual to 
the sending state as directed by the sending agency within 48 
hours after the request, excluding Saturdays, Sundays and legal 
holidays. The sending agency shall immediately upon return of 
the individual either arrange for the discharge of the individual or 
detain the individual pursuant to the emergency detention laws of 
the sending state.
(11) ESCAPED INDIVIDUALS. If an individual receiving ser-
vices pursuant to a contract under this section escapes from the 
receiving agency and the individual at the time of the escape is 
subject to involuntary confinement under the law of the sending 
state, the receiving agency shall use all reasonable means to re-
capture the escapee. The receiving agency shall immediately re-
port the escape to the sending agency. The receiving state has the 
primary responsibility for, and the authority to direct, the pursuit, 
retaking and prosecution of escaped persons within its borders 
and is liable for the cost of such action to the extent that it would 
be liable for costs if its own resident escaped.
(12) TRANSFERS BETWEEN FACILITIES. An individual may be 
transferred between facilities of the receiving state if transfers are 
permitted by the contract under this section providing for the in-
dividual’s care.
(13) REQUIRED CONTRACT PROVISIONS. All contracts under 
this section shall do all of the following:
(a) Establish the responsibility for the costs of all services to 
be provided under the contract.
(b) Establish the responsibility for the transportation of 
clients to and from receiving facilities.
(c) Provide for reports by the receiving agency to the sending 
agency on the condition of each client covered by the contract.
(d) Provide for arbitration of disputes arising out of the provi-
sions of the contract which cannot be settled through discussion 
between the contracting parties and specify how arbitrators will 
be chosen.
(e) Include provisions ensuring the nondiscriminatory treat-
ment, as required by law, of employees, clients and applicants for 
employment and services.
(f) Establish the responsibility for providing legal representa-
tion for clients in legal proceedings involving the legality of con-
finement and the conditions of confinement.
(g) Establish the responsibility for providing legal representa-
tion for employees of the contracting parties in legal proceedings 
initiated by persons receiving treatment pursuant to the contract.
(h) Include provisions concerning the length of the contract 
and the means by which the contract can be terminated.
(i) Establish the right of qualified employees and representa-
tives of the sending agency and sending state to inspect, at all rea-
sonable times, the records of the receiving agency and its treat-
ment facilities to determine if appropriate standards of care are 
met for clients receiving services under the contract.
(j) Require the sending agency to provide the receiving 
agency with copies of all relevant legal documents authorizing 
confinement of persons who are confined pursuant to law of the 
sending state and receiving services pursuant to a contract under 
this section.
(k) Require individuals who are seeking treatment on a volun-
tary basis to agree in writing to be returned to the sending state 
upon making a request for discharge as provided in sub. (10) and 
require an agent or employee of the sending agency to certify that 
the individual understands that agreement.
(L) Establish the responsibility for securing a reexamination 
for an individual and for extending an individual’s period of 
confinement.
(m) Include provisions specifying when a receiving facility 
can refuse to admit or retain an individual.
(n) Specify the circumstances under which individuals will be 
permitted home visits and granted passes to leave the facility.
History: 1983 a. 365; 1985 a. 176, 332.
While s. 51.15 (7) does not authorize contractual agreements with counties out-
side of Wisconsin, sub. (3) and ss. 51.75 (11) and 66.30 (5) [now s. 66.0303] each 
contain legal mechanisms through which financial or other responsibility for care 
and treatment of individuals from such counties may be shared under certain speci-
fied circumstances. 78 Atty. Gen. 59.
51.90 Antidiscrimination. No employee, prospective em-
ployee, patient or resident of an approved treatment facility, or 
consumer of services provided under this chapter may be dis-
criminated against because of age, race, creed, color, sex or 
handicap.
History: 1975 c. 430.
51.91 Supplemental aid. (1) DECLARATION OF POLICY. 
The legislature recognizes that mental health is a matter of 
statewide and county concern and that the protection and im-
provement of health are governmental functions. It is the intent 
of the legislature, therefore, to encourage and assist counties in 
the construction of community mental health facilities, and pub-
lic medical institutions as defined by rule of the department.
(2) ELIGIBILITY. (a) Any county which qualifies for addi-
tional state aid under s. 51.26, 1971 stats., and has obtained ap-
proval for the construction of mental health facilities pursuant to 
s. 46.17 may apply for the financial assistance authorized by this 
section if such county has, at the time of application for assis-
tance, an existing obligation to pay interest on loans for the con-
struction of mental health facilities approved pursuant to s. 46.17.
(b) Any county may apply for the financial assistance autho-
rized by this section if such county has, at the time of application 
for assistance, an existing obligation to pay interest on loans for 
the construction of public medical institutions as defined by rule 
of the department.
(c) Any county may apply for the financial assistance autho-
rized by this section if such county has, at the time of application 
for assistance, an existing obligation to pay interest on loans for 
the construction of mental health facilities as defined by rule of 
the department.
(d) No county may claim aid under this section on any single 
obligation for more than 20 years.
(e) Termination of eligibility for aid under s. 51.26, 1971 
stats., shall terminate eligibility for aid for the construction of 
mental health facilities, and failure to meet the requirements es-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
MENTAL HEALTH ACT 51.9583 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
tablished for public medical institutions by rule of the department 
shall terminate eligibility for aid for the construction of public 
medical institutions. Failure to meet the requirements for mental 
health facilities established by rule of the department shall termi-
nate eligibility for aid for the construction of mental health 
facilities.
(f) Mental health facilities shall include services required for 
the prevention, diagnosis, treatment and rehabilitation of the 
mentally ill, as established by rule of the department.
(3) LIMITATION OF AID. (a) Aid under this section shall be 
paid only on interest accruing after January 1, 1967, or after the 
date construction begins, whichever is later.
(b) Until June 30, 1970, such aid shall be at the rate of 60 per-
cent of the interest obligations eligible under this section or that 
amount of such obligation as is equal to the percentage rate of 
participation of the state set forth in s. 49.52 (2) , 1971 stats., 
whichever is higher. The contribution of the state for such inter-
est accruing in each fiscal year shall be controlled by the percent-
age rate of participation under s. 49.52 (2), 1971 stats., on Janu-
ary 1 of that fiscal year. Beginning July 1, 1970, such aid shall be 
at the rate of 100 percent.
(c) This section applies only to construction projects approved 
for state interest aid by the department of health services prior to 
June 30, 1973.
(4) APPLICATION FOR AID. Application for aid under this sec-
tion shall be filed with the department as prescribed by it. Such 
application shall include evidence of the existence of the indebt-
edness on which the county is obligated to pay interest. The de-
partment may by audit or investigation satisfy itself as to the 
amount and validity of the claim and, if satisfied, shall grant the 
aid provided by this section. Payment of aid shall be made to the 
county treasurer.
History: 1971 c. 125, 164, 211, 215; 1975 c. 430 s. 23; Stats. 1975 s. 51.91; 1993 
a. 213; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a).
51.95 Short title. This chapter shall be known as the “State 
Alcohol, Drug Abuse, Developmental Disabilities and Mental 
Health Act”.
History: 1975 c. 430 s. 59; Stats. 1975 s. 51.95; 1985 a. 264.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)