Green County v. Janeen J. C., 2011AP2603, District 4, 5/31/12
The trial court, before entering an involuntary medication order, failed to make requisite findings that Janeen J.C. wasn’t competent to make an informed choice, Virgil D. v. Rock County, 189 Wis. 2d 1, 524 N.W.2d 894 (1994).
¶10 We find nothing in the record indicating that the trial court here complied with its obligations under Virgil D. This is so in spite of the fact that Janeen had analyzed this case applying Virgil D. in her brief to the trial court. We do observe, however, that neither counsel directed the court’s attention to Virgil D. during oral arguments, which perhaps explains the court’s failure to apply Virgil D. to the facts of this case.
¶13 In sum, we conclude the trial court has failed to fulfill its obligations under Virgil D. in considering the factors set out in that case in determining whether Janeen was an appropriate candidate for involuntary medication. We therefore remand to the trial court with directions to make the proper findings of fact and then to issue the appropriate order. Should the trial court find it necessary to take additional evidence to establish a more complete record, the court may do so in the exercise of its discretion. Meanwhile, the prior order of the trial court for the involuntary medication of Janeen will continue to be in effect for twenty days following remittitur of the record to allow the trial court sufficient time to make the requisite findings under Virgil D. and to issue an order based upon those findings.