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Wisconsin Order of Commitment/Extension of Commitment/Dismissal

State:
Wisconsin
Control #:
WI-SKU-1992
Format:
PDF
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Description

Order of Commitment/Extension of Commitment/Dismissal

A Wisconsin Order of Commitment is a legal document that is used to commit an individual who is believed to have a mental illness or developmental disability to a mental health facility for treatment. It allows for the involuntary commitment of the individual to a state-funded mental health institution for a period of up to six months. An Extension of Commitment is an additional legal document that can be issued to extend the existing Order of Commitment for a further period of time, up to six months. A Dismissal of Commitment is an Order issued by a court to discontinue the commitment of the individual, allowing them to leave the mental health institution. There are two types of Wisconsin Order of Commitment: Emergency Detention and Voluntary Admission. An Emergency Detention Order is issued when an individual is believed to be a danger to themselves or to others due to their mental illness or developmental disability. A Voluntary Admission Order is issued when an individual voluntarily agrees to be committed to a mental health facility for treatment.

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FAQ

Necessary for a Chapter 51 commitment: that the subject has a mental illness, is dangerous to him/herself or others, and is treatable. The Court makes these findings based on the reports and/or testimony of the psychiatrists and/or psychologists and any relevant testimony from witnesses.

Purpose: Attorneys can withdraw from a case by eFiling a Motion and Order to Withdraw as Counsel. After the clerk of court processes the document and enters a withdrawn date on the case, the attorney receives an email notification confirming withdrawal. This email contains a link to the signed, file-stamped order.

A defendant may file a motion to dismiss for failure to state a claim after filing an answer. A defendant who raises the defenses of failure to state a claim or the statute of limitations in an answer does not forfeit the right to bring those defenses on for disposition by subsequent motion.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

Court Intervention Services Wisconsin State Law provides for civil commitment of a person. This procedure allows a court to order that the person with the disability take medications, attend counseling, or even enter a psychiatric inpatient center.

Due Process Protections Shall Be Afforded to Individuals Facing Involuntary Civil Commitment and the Burden of Proof for Civil Commitments is Clear and Convincing Evidence.

It is an involuntary civil commitment when someone is committed to a mental health facility against their will. Three primary reasons a person might be detained against their will are mental illness, developmental disability, and drug addiction.

The petition is for involuntary commitment. Three people must sign this petition. At least one of the people signing the petition must have personal knowledge of the facts and circumstances. You will need to be in contact with the local magistrate for the county in which you are filing the petition.

More info

Grounds for ☐ commitment ☐ extension of commitment have been established. Grounds for commitment extension of commitment have been established.Under operation of law, the commitment order is valid for 2 years. Termination: The discontinuation of services and supervision to the youth. If a hearing is not requested, the court shall enter an order of commitment for a period not to exceed 6 months. This fact sheet explains the civil commitment process. An extension of commitment, up to six months, can be requested at the end of the 90 days. Confidentiality of Court Proceedings. The process of obtaining a court order is called the Civil Commitment process. An initial commitment period cannot exceed 6 months, however can be extended after the initial period at the recommendation of the doctor.

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Wisconsin Order of Commitment/Extension of Commitment/Dismissal