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5. Sec. 51.35 transfers

Manitowoc County v. Samuel J.H., 2013 WI 68, on certification from court of appeals; majority opinion by Justice Ziegler; case activity Transfer of a person committed under ch. 51 to a more restrictive setting within an inpatient placement, or from outpatient to inpatient placement, is subject to § 51.35(1). The statute recognizes two different bases for transfer… Read More

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on review of certification; case activity Issue (from Certification)  Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing within ten days of said transfer,” is contrary to… Read More

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court of appeals certification, supreme court review granted 11/14/12; case activity  § 51.35(1)(e) Patient Transfer, Time Limits Issue certified: Whether our holding in Fond du Lac County v. Elizabeth M.P., 2003 WI App 232, ¶¶26, 28, 267 Wis. 2d 739, 672 N.W.2d 88, that “Wisconsin Stat. § 51.35(1)(e) mandates that a patient transferred to a more restrictive environment receive a hearing… Read More

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Fond du Lac County v. Elizabeth M.P., 2003 WI App 232 For Elizabeth M.P.: Thomas K. Voss Issue: Whether the circuit court had jurisdiction to transfer Elizabeth, who was on outpatient status under ch. 51, to inpatient status given that judicial review of the county’s transfer decision wasn’t held within 10 days, contrary to § 51.35(1)(e)3. Holding… Read More

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