51.13 Admission of minors.
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51.13 Admission of minors.
(1)Admission for treatment.
(a)Minors under 14 years of age. Except as provided in par.
(c)and ss. 51.45
(2m)and 51.47 , the application for admission of a minor who is under 14 years of age to an approved inpatient 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 admission to the facility shall be noted on the face of the application.
(b)Minors 14 years of age or older; mental illness or developmental disability. The application for admission of a minor who is 14 years of age or older to an approved inpatient treatment facility 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 minor 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 facility 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 minor wishes to be admitted to an approved inpatient treatment facility 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 required 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
(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 subsection, 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 executed 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 developmentally 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 . Admission 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 developmentally 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 developmental 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 primary 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 admitted under sub.
(a)or
(b)and the minor’s parent or guardian shall be informed by the director of the facility or his or her designee, both orally and in writing, in easily understandable language, of the review procedure in sub.
(4), including the standards 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
(a); the right under sub.
(d)to a hearing upon request under sub.
(4); the minor’s right to appointed counsel as provided in sub.
(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 limited by sub.
(b); and the minor’s right to a hearing to determine continued appropriateness of the admission as provided in sub.
(c).
(b)Right to request discharge. Prior to or at admission, a minor who is voluntarily admitted under sub.
(c), and the minor’s parent or guardian, if available, shall be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor’s right to request discharge and to be discharged within 48 hours of the request, as provided under sub.
(b), if no statement is filed for emergency detention or if no petition is filed for emergency commitment, involuntary 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 established 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 director 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 treatment 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.
(b), or within 3 days after an application is executed for admission of the minor, whichever occurs first, the treatment director of the facility or the center for the developmentally disabled to which the minor is admitted, or his or her designee, shall file a verified petition for review of the admission in the court assigned 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 petitioner, 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 professional evaluations shall be attached to the petition. The petition 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 minor’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 jurisdiction 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 services, 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 inpatient 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 admission. 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 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 admission or application for admission, whichever is sooner. If the admission was made under an application executed by the minor’s parent or guardian despite the minor’s refusal, or if a hearing has been requested by the minor or by the minor’s counsel, parent, or guardian, the court shall order an independent evaluation of the minor and hold a hearing to review the admission, within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. 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
(a).
(e)Notice of hearing. Notice of the hearing under this subsection 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.