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Dodge County v. Ashley O.P., 2009AP002908-FT, District IV, 3/18/10

court of appeals decision (1-judge, not for publication); for Asley: Donald T. Lang, SPD, Madison Appellate

Mental Commitment
Trial court order of inpatient treatment supported by evidence:

¶18      Dr. Berney testified that as of the date of his examination, Ashley required inpatient treatment, but there was a substantial probability she would be ready for outpatient treatment by the time of the final hearing, which was five days later.  He testified that he had not examined her again in the five days between his initial examination and the hearing, so he did not know whether or not she was, in fact, ready for outpatient treatment.[5] Based on this testimony, the trial court determined that a locked inpatient facility was the maximum level of treatment that the treating facility could utilize for Ashley.

¶19      As in J.R.R., the trial court met its obligation under WIS. STAT. § 51.20(13) by designating the maximum level of inpatient facility based on Dr. Berney’s testimony, and the medical authorities are required to determine the least restrictive treatment in accord with the court’s order.[6]

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