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Medication Order, § 51.61(1)(g)4.b

Outagamie County v. Melanie L., 2012AP99, District 3, 5/22/12, WSC review granted 11/14/12

court of appeals decision (1-judge, not for publication), supreme court review granted 11/14/12; for Melanie M.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity

Evidence held sufficient to sustain involuntary medication order.

¶11      We reject Melanie’s argument that the expert needs to iterate the specific words of the statute in order for the evidence to be sufficient.   Moreover, her assertion that the record actually supports a determination that she can apply an understanding to her mental illness overlooks the deference we give to the circuit court’s factual findings and reasonable inferences.  See K.S., 147 Wis. 2d at 578.

¶12      We conclude Dave’s broader testimony, together with other evidence in the record, sufficiently supports the court’s findings. See id.  Here, in addition to testifying that Melanie cannot apply an understanding “to her advantage,” Dave opined Melanie “still has poor insight and impaired judgment” regarding her illness.  He observed that Melanie did not resume taking medication after her miscarriage and did not voluntarily attend follow-up care.  Although Melanie requested Seroquel in July, she returned to Ambas to make that request because the County prompted her to return.  Further, following that July appointment, Melanie did not comply with all of her prescribed medication.  She reported that, although she had taken Lorazepam as needed in June, she discontinued Lorazepam and Celexa without consulting Ambas because she believed Seroquel was sufficient.  Finally, Dave explained medication is necessary to treat Melanie’s illness and opined she “would not comply with psychotropic medication” on her own.

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