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A. Ch. 51, Mental health

Winnebago County v. J.D.J., 2023AP1085, 2/21/24, District II (one-judge decision; ineligible for publication); case activity In yet another opinion which stresses the need for County-petitioners to take more care at extension hearings, COA reverses for failure to make an adequate record below. As the COA decision makes clear–in a series of footnotes, asides, and out-and-out… Read more

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Douglas County v. K.A.D., 2023AP1072, 2/13/24, District 3 (one-judge decision; ineligible for publication); case activity K.A.D. (“Kyle”) challenged the order authorizing his involuntary medication and treatment on two grounds:  (1) that the county failed to establish that he was provided the required explanation regarding the recommended medication and treatment and (2) that the county failed… Read more

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Winnebago County v. D.S., 2023AP1484, 1/24/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent appeal, COA holds that the evidence was sufficient and the trial court’s findings adequate to uphold this 51 extension order. “Dennis” challenges an order finding that he is dangerous (or would become dangerous) under the fifth standard… Read more

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Winnebago County v. T.M.G., 2023AP681, 1/24/24, District II (one-judge decision; ineligible for publication); case activity Despite T.M.G.’s challenges, COA affirms this extension and related medication order applying what it believes to be well-settled precedent. “Thomas” challenges an order extending his commitment finding him dangerous under § 51.20(1)(a)2.b.  (¶1). He argues that the County failed to… Read more

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Ozaukee County D.H.S. v. M.A.G., 2023AP681, 11/29/23, District II (one-judge decision; ineligible for publication); case activity M.A.G. challenged the extension of her Chapter 51 commitment and the order finding her incompetent to refuse medication. The court of appeals affirms both orders after concluding that the county presented sufficient evidence of dangerousness under the the third… Read more

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Winnebago County v. A.P.D., 2023AP863, 12/13/23, District II (one-judge decision; ineligible for publication); case activity In yet another defense win reliant on Langlade County v. D.J.W.,  COA holds that the circuit court failed to make adequate findings in this Chapter 51 appeal. “Andrew” challenges a recommitment order based on the fifth standard. (¶3). He argues that… Read more

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Winnebago County v. D.E.W., 2023AP215, petition for review of an unpublished court of appeals decision granted 12/11/23; case activity (including briefs) SCOW accepts a case poised to resolve ongoing conflict in COA with respect to involuntary medication orders in Chapter 51 appeals. As we discussed in our post on this case, litigators handling Chapter 51… Read more

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Sawyer County v. P.D.F., 2022AP2007, 11/7/23, District III (one-judge decision; ineligible for publication); case activity Although P.D.F. successfully persuades COA that the circuit court erroneously concluded  he did not understand the advantages, disadvantages and alternatives to medication, the record nonetheless shows that he was incapable of applying an understanding. At “Paul’s” hearing regarding the County’s… Read more

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