Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB107 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0615/1
3	3	EHS&KMS:cdc
4	4	2025 SENATE BILL 107
5	5	March 7, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Mental Health, Substance Abuse Prevention, Children and Families.
7	7	AN ACT to amend 51.13 (1) (b), 51.13 (1) (c), 51.13 (3) (am), 51.13 (4) (a) (intro.),
8	8	51.13 (4) (a) 3., 51.13 (4) (d), 51.13 (4) (g) 1. b., 51.13 (6) (a) 2., 51.13 (7) (a),
9	9	51.13 (7) (b) 3., 51.13 (7) (b) 5., 51.13 (7) (c), 51.14 (3) (a), 51.14 (3) (f), 51.14 (3)
10	10	(g), 51.14 (3) (h) (intro.), 51.14 (3) (j), 51.14 (4) (a), 51.14 (4) (g) (intro.) and
11	11	51.61 (6); to create 51.138 (1m) of the statutes; relating to: consent to mental
12	12	health treatment by minors who are age 14 or older.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill is explained in the NOTES provided by the Joint Legislative Council in
15	15	the bill.
16	16	The people of the state of Wisconsin, represented in senate and assembly, do
17	17	enact as follows:
18	18	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
19	19	Joint Legislative Council Study Committee on Emergency Detention and Civil
20	20	Commitment of Minors.
21	21	The bill revises requirements to obtain a minor[s consent for mental health
22	22	services. Very briefly, the bill allows either a minor age 14 or older, or the minor[s
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28	28	6 2025 - 2026 Legislature
29	29	SENATE BILL 107
30	30	- 2 - LRB-0615/1
31	31	EHS&KMS:cdc
32	32	parent or guardian, to consent to begin outpatient or inpatient mental health treatment
33	33	for the minor. If a parent consented to treatment without the minor[s agreement, a
34	34	petition must be filed for review of the appropriateness of the treatment.
35	35	Current Law
36	36	Under current law, if a minor is age 14 or older, both the minor[s and the parent[s
37	37	mutual consent are required for outpatient or inpatient mental health treatment. Very
38	38	generally, if a minor or parent refuses to provide consent for treatment, the other party
39	39	may petition for review and approval to begin outpatient or inpatient treatment.
40	40	General Revision to Minor[s Consent for Mental Health Treatment
41	41	The bill revises the provisions that require both a minor age 14 or older and the
42	42	minor[s parent or guardian to consent to outpatient or inpatient mental health
43	43	treatment, to instead specify that either a minor age 14 or older, or a parent or
44	44	guardian, may consent to outpatient or inpatient mental health treatment. The bill
45	45	does not alter mental health treatment consent provisions that apply when a minor is
46	46	under age 14.
47	47	Inpatient Procedures
48	48	The bill specifies that if a minor age 14 or older refused to join an application for
49	49	admission to an inpatient treatment facility for treatment of mental illness or
50	50	developmental disability, the treatment facility director must notify the local county
51	51	corporation counsel that the minor has been admitted to the facility. The county
52	52	corporation counsel is then required to file a petition for court review of the admission
53	53	in the manner provided under current law. Likewise, the bill specifies that if a parent
54	54	or guardian refused to join an application for admission to an inpatient treatment
55	55	facility for treatment of mental illness or developmental disability, the parent or
56	56	guardian may file a petition for review of the admission in the manner provided under
57	57	current law.
58	58	Under current law, if the court finds that the therapy or treatment for mental
59	59	illness or developmental disability in the inpatient facility to which the minor was
60	60	admitted is not appropriate or is not the least restrictive therapy or treatment for the
61	61	minor[s needs, the court may order that the minor be transferred to more appropriate
62	62	therapy or treatment, if the transfer is first approved by both a minor age 14 or older
63	63	and a parent or guardian. The bill allows the court to order a transfer to more
64	64	appropriate therapy or treatment, if first approved by a minor age 14 or older, or the
65	65	parent or guardian, rather than requiring approval of both the minor and the parent or
66	66	guardian.
67	67	The bill makes similar revisions to allow either a minor[s or the parent[s or
68	68	guardian[s consent in the procedures for short-term admissions, continued admission if
69	69	admission occurred when the minor was under age 14, and discharge upon written
70	70	request.
71	71	Outpatient Procedures
72	72	The bill specifies that if a minor age 14 or older provided consent for outpatient
73	73	mental health treatment, despite a parent[s or guardian[s refusal to consent, the parent
74	74	or guardian may petition for review of the appropriateness of the outpatient mental
75	75	health treatment by the court mental health review officer in the manner provided
76	76	under current law. Likewise, the bill specifies that if a parent or guardian provided
77	77	consent for outpatient mental health treatment, despite the minor[s refusal to consent,
78	78	the outpatient treatment facility director must notify the local county corporation
79	79	counsel that the minor is receiving outpatient mental health treatment at the facility. 2025 - 2026 Legislature
80	80	SENATE BILL 107
81	81	- 3 - LRB-0615/1
82	82	EHS&KMS:cdc
83	83	SECTION 1
84	84	The county corporation counsel is then required to file a petition for review of the
85	85	appropriateness of the outpatient mental health treatment by the court mental health
86	86	review officer in the manner provided under current law.
87	87	Additionally, under current law, outpatient mental health treatment may be
88	88	provided to a minor in certain emergency situations without first obtaining a parent[s
89	89	or guardian[s consent, if reasonable efforts have been made to obtain the parent[s or
90	90	guardian[s consent before initiating treatment. The bill removes the requirement for a
91	91	health care provider to make reasonable efforts to obtain a parent[s or guardian[s
92	92	consent for outpatient mental health treatment for a minor age 14 or older in those
93	93	emergency situations. Instead, under the bill, all outpatient mental health treatment,
94	94	including emergency outpatient mental health treatment, is subject to the general
95	95	outpatient procedures that apply when a minor is age 14 or older.
96	96	SECTION 1. 51.13 (1) (b) of the statutes is amended to read:
97	97	51.13 (1) (b) Minors 14 years of age or older; mental illness or developmental
98	98	disability. The application for admission of a minor who is 14 years of age or older
99	99	to an approved inpatient treatment facility for the primary purpose of treatment for
100	100	mental illness or developmental disability shall be executed by the minor and, a
101	101	parent who has legal custody of the minor, or the minor[s guardian, except as
102	102	provided in par. (c). If the minor refuses to execute the application, a parent who
103	103	has legal custody of the minor or the minor[s guardian may execute the application
104	104	on the minor[s behalf, and the petition shall be filed as required under sub. (4).
105	105	SECTION 2. 51.13 (1) (c) of the statutes is amended to read:
106	106	51.13 (1) (c) Lack of parent or guardian consent to treatment. If a minor who
107	107	is under 14 years of age wishes to be admitted to an approved inpatient treatment
108	108	facility or a minor who is 14 years of age or older wishes to be admitted to an
109	109	approved inpatient facility for the primary purpose of treatment for alcoholism or
110	110	drug abuse but a parent with legal custody or the guardian cannot be found, there
111	111	is no parent with legal custody or guardian, or the parent with legal custody or
112	112	guardian of a the minor 14 years of age or older refuses to execute the application,
113	113	the minor or a person acting on the minor[s behalf may petition the court under sub.
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132	132	SENATE BILL 107
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134	134	EHS&KMS:cdc
135	135	SECTION 2
136	136	(4). The court may, at the minor[s request, temporarily approve the admission
137	137	pending hearing on the petition, if such a hearing is required under sub. (4).
138	138	SECTION 3. 51.13 (3) (am) of the statutes is amended to read:
139	139	51.13 (3) (am) Rights. Prior to admission if possible, or as soon thereafter as
140	140	possible, the minor who is admitted under sub. (1) (a) or (b) and the minor[s parent
141	141	or guardian, if available, shall be informed by the director of the facility or his or her
142	142	designee, both orally and in writing, in easily understandable language, of the
143	143	review procedure in sub. (4), including the standards to be applied by the court and
144	144	the possible dispositions; the minor[s right to an independent evaluation, if ordered
145	145	by the court; the minor[s right to be informed about how to contact the state
146	146	protection and advocacy agency designated under s. 51.62 (2) (a); the right under
147	147	sub. (4) (d) to a hearing upon request under sub. (4); the minor[s right to appointed
148	148	counsel as provided in sub. (4) (d) if a hearing is held; for a minor other than a minor
149	149	specified under par. (b), the right of the minor or parent or guardian to request the
150	150	minor[s discharge as provided in or limited by sub. (7) (b); and the minor[s right to
151	151	a hearing to determine continued appropriateness of the admission as provided in
152	152	sub. (7) (c).
153	153	SECTION 4. 51.13 (4) (a) (intro.) of the statutes is amended to read:
154	154	51.13 (4) (a) When petition filed. (intro.) Within 3 days after the admission of
155	155	a minor under sub. (1) (b) (bm) or (c), or within 3 days after an application is
156	156	executed for admission of the a minor under sub. (1) (bm) or (c), whichever occurs
157	157	first, the treatment director of the facility or the center for the developmentally
158	158	disabled to which the minor is admitted, or his or her designee, shall file a verified
159	159	petition for review of the admission in the court assigned to exercise jurisdiction
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184	184	SENATE BILL 107
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186	186	EHS&KMS:cdc
187	187	SECTION 4
188	188	under chs. 48 and 938 in the county in which the facility is located, if the minor is 14
189	189	years of age or older and refuses to join in the application; the minor wants
190	190	treatment and the minor[s parent with legal custody or guardian refuses to join in
191	191	the application; there is no parent with legal custody or guardian; or the parent
192	192	with legal custody or guardian cannot be found. Within one day, exclusive of
193	193	weekends and legal holidays, after an application is executed for admission of a
194	194	minor under sub. (1) (b), if the minor refused to join in the application, the
195	195	treatment director of the facility or the center for the developmentally disabled to
196	196	which the minor is admitted, or their designee, shall notify the corporation counsel
197	197	in the county in which the facility is located, and the corporation counsel shall,
198	198	within 2 days, exclusive of weekends and legal holidays, after receiving the notice,
199	199	file a verified petition for review of the admission in the court assigned to exercise
200	200	jurisdiction under chs. 48 and 938 in the county in which the facility is located.
201	201	Within 3 days after an application is executed for admission of a minor under sub.
202	202	(1) (b), if the minor[s parent or guardian refused to join in the application, the
203	203	minor[s parent or guardian may file a verified petition for review of the admission
204	204	in the court assigned to exercise jurisdiction under chs. 48 and 938 in the county in
205	205	which the facility or the center for the developmentally disabled to which the minor
206	206	is admitted is located. If the parent or guardian is not the petitioner, a copy of the
207	207	petition and a notice of hearing shall be served on the parent or guardian at his or
208	208	her last known address. A copy of the application for admission and of any relevant
209	209	professional evaluations shall be attached to the petition. The petition shall contain
210	210	all of the following:
211	211	SECTION 5. 51.13 (4) (a) 3. of the statutes is amended to read:
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236	236	SENATE BILL 107
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238	238	EHS&KMS:cdc
239	239	SECTION 5
240	240	51.13 (4) (a) 3. The facts substantiating the petitioner[s belief in the minor[s
241	241	need for psychiatric services, or services for developmental disability, alcoholism or
242	242	drug abuse or the petitioner[s belief that the minor does not need psychiatric
243	243	services or services for developmental disability.
244	244	SECTION 6. 51.13 (4) (d) of the statutes is amended to read:
245	245	51.13 (4) (d) Criteria for approving admission. Within 5 days after the filing
246	246	of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938
247	247	shall determine, based on the allegations of the petition and accompanying
248	248	documents, whether there is a prima facie showing that the minor is in need of
249	249	psychiatric services, or services for developmental disability, alcoholism, or drug
250	250	abuse, whether the treatment facility offers inpatient therapy or treatment that is
251	251	appropriate to the minor[s needs; whether inpatient care in the treatment facility is
252	252	the least restrictive therapy or treatment consistent with the needs of the minor;
253	253	and, if the minor 14 years of age or older has been admitted to the treatment facility
254	254	for the primary purpose of treatment for mental illness or developmental disability,
255	255	whether the admission was made under an application executed by the minor and
256	256	or the minor[s parent or guardian. If such a showing is made, the court shall permit
257	257	admission. If the court is unable to make those determinations based on the
258	258	petition and accompanying documents, the court may dismiss the petition as
259	259	provided in par. (h); order additional information, including an independent
260	260	evaluation, to be produced as necessary for the court to make those determinations
261	261	within 7 days, exclusive of weekends and legal holidays, after admission or
262	262	application for admission, whichever is sooner; or hold a hearing within 7 days,
263	263	exclusive of weekends and legal holidays, after admission or application for
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287	287	24 2025 - 2026 Legislature
288	288	SENATE BILL 107
289	289	- 7 - LRB-0615/1
290	290	EHS&KMS:cdc
291	291	SECTION 6
292	292	admission, whichever is sooner. If the admission was made under an application
293	293	executed by the minor[s parent or guardian despite the minor[s refusal, or if a
294	294	hearing has been requested by the minor or by the minor[s counsel, parent, or
295	295	guardian, the court shall order an independent evaluation of the minor and hold a
296	296	hearing to review the admission, within 7 days, exclusive of weekends and legal
297	297	holidays, after admission or application for admission, whichever is sooner, and
298	298	shall appoint counsel to represent the minor if the minor is unrepresented. If the
299	299	court considers it necessary, the court shall also appoint a guardian ad litem to
300	300	represent the minor. The minor shall be informed about how to contact the state
301	301	protection and advocacy agency designated under s. 51.62 (2) (a).
302	302	SECTION 7. 51.13 (4) (g) 1. b. of the statutes is amended to read:
303	303	51.13 (4) (g) 1. b. For a minor who is 14 years of age or older, the minor and, a
304	304	parent who has legal custody of the minor, or the minor[s guardian, except that, if
305	305	the minor refuses approval, a parent who has legal custody of the minor or the
306	306	minor[s guardian may provide approval on the minor[s behalf.
307	307	SECTION 8. 51.13 (6) (a) 2. of the statutes is amended to read:
308	308	51.13 (6) (a) 2. If the minor is 14 years of age or older and is being admitted for
309	309	the primary purpose of diagnosis, evaluation, or services for mental illness or
310	310	developmental disability, the application shall be executed by the minor[s parent or
311	311	guardian and or the minor, except that, if the minor refuses to execute the
312	312	application, the parent or the guardian may execute the application. Admission
313	313	under this subdivision of a minor who refuses to execute the application is
314	314	reviewable under sub. (4) (d). If a review is requested or required, the treatment
315	315	director of the facility to which the minor is admitted or his or her designee or, in
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340	340	SENATE BILL 107
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342	342	EHS&KMS:cdc
343	343	SECTION 8
344	344	the case of a center for the developmentally disabled, the director of the center or
345	345	his or her designee shall file a verified petition for review of the admission on behalf
346	346	of the minor.
347	347	SECTION 9. 51.13 (7) (a) of the statutes is amended to read:
348	348	51.13 (7) (a) Minor attains age 14 during admission. If a minor is admitted to
349	349	an inpatient treatment facility while under 14 years of age, and if upon reaching age
350	350	14 is in need of further inpatient care and treatment primarily for mental illness or
351	351	developmental disability, the director of the facility shall request the minor and or
352	352	the minor[s parent or guardian to execute an application for admission. If the
353	353	minor refuses, the minor[s parent or guardian may execute the application on the
354	354	minor[s behalf. Such an application may be executed within 30 days prior to a
355	355	minor[s 14th birthday. If the application is executed, a petition for review shall be
356	356	filed in the manner prescribed in sub. (4), unless such a review has been held within
357	357	the last 120 days. If the application is not executed by the time of the minor[s 14th
358	358	birthday, the minor shall be discharged unless a petition or statement is filed for
359	359	emergency detention, emergency commitment, involuntary commitment, or
360	360	protective placement by the end of the next day in which the court transacts
361	361	business.
362	362	SECTION 10. 51.13 (7) (b) 3. of the statutes is amended to read:
363	363	51.13 (7) (b) 3. For a minor 14 years of age or older who is admitted under sub.
364	364	(1) (b) for the primary purpose of treatment for mental illness or developmental
365	365	disability, the minor and or the minor[s parent or guardian may request discharge
366	366	in writing. If the parent or guardian of the minor refuses to request discharge and
367	367	if the director of the facility to which the minor is admitted or his or her designee
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392	392	SENATE BILL 107
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394	394	EHS&KMS:cdc
395	395	SECTION 10
396	396	avers, in writing, that the minor is in need of psychiatric services or services for
397	397	developmental disability, that the facility[s therapy or treatment is appropriate to
398	398	the minor[s needs, and that inpatient care in the treatment facility is the least
399	399	restrictive therapy or treatment consistent with the needs of the minor, the minor
400	400	may not be discharged under this paragraph.
401	401	SECTION 11. 51.13 (7) (b) 5. of the statutes is amended to read:
402	402	51.13 (7) (b) 5. A minor specified in subd. 1., a minor specified in subd. 2.
403	403	whose parent or guardian requests discharge in writing, and a minor specified in
404	404	subd. 3. who requests and or whose parent or guardian requests discharge in
405	405	writing shall be discharged within 48 hours after submission of the request,
406	406	exclusive of Saturdays, Sundays, and legal holidays, unless a petition or statement
407	407	is filed for emergency detention, emergency commitment, involuntary commitment,
408	408	or protective placement.
409	409	SECTION 12. 51.13 (7) (c) of the statutes is amended to read:
410	410	51.13 (7) (c) Request for hearing when not discharged. Any minor who is
411	411	admitted under this section, other than a minor to which whom par. (b) 1. 2.
412	412	applies, who is not discharged under par. (b), may submit a written request to the
413	413	court for a hearing to determine the continued appropriateness of the admission. If
414	414	the director or staff of the inpatient treatment facility to which a minor described in
415	415	this paragraph is admitted observes conduct by the minor that demonstrates an
416	416	unwillingness to remain at the facility, including a written expression of opinion or
417	417	unauthorized absence, the director shall file a written request with the court to
418	418	determine the continued appropriateness of the admission. A request that is made
419	419	personally by a minor under this paragraph shall be signed by the minor but need
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444	444	SENATE BILL 107
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446	446	EHS&KMS:cdc
447	447	SECTION 12
448	448	not be written or composed by the minor. A request for a hearing under this
449	449	paragraph that is received by staff or the director of the facility in which the minor
450	450	is admitted shall be filed with the court by the director. The court shall order a
451	451	hearing as provided in sub. (4) (d) upon request if no hearing concerning the minor[s
452	452	admission has been held within 120 days before court receipt of the request. If a
453	453	hearing is held, the court shall hold the hearing within 14 days after receipt of the
454	454	request, unless the parties agree to a longer period. After the hearing, the court
455	455	shall dispose of the matter in the manner provided in sub. (4) (h).
456	456	SECTION 13. 51.138 (1m) of the statutes is created to read:
457	457	51.138 (1m) Subsections (2) to (4) do not apply to a minor who is 14 years of
458	458	age or older. Section 51.14 applies to a minor who is 14 years of age or older.
459	459	SECTION 14. 51.14 (3) (a) of the statutes is amended to read:
460	460	51.14 (3) (a) A parent or guardian of a minor 14 years of age or older or a
461	461	person acting on behalf of the minor who provided the informed consent to
462	462	outpatient mental health treatment required under s. 51.61 (6) despite the parent
463	463	or guardian[s refusal to provide consent may petition the mental health review
464	464	officer in the county in which the minor[s parent or guardian has residence for a
465	465	review of a refusal or inability of the minor[s parent or guardian to provide the
466	466	informed consent for outpatient mental health treatment required under s. 51.61
467	467	(6) the appropriateness of the outpatient mental health treatment for the minor.
468	468	For a minor on whose behalf consent for outpatient treatment was provided under s.
469	469	51.61 (6) by the minor[s parent or guardian despite the minor[s refusal, the
470	470	treatment director of the outpatient facility shall notify the corporation counsel in
471	471	the county in which the facility is located and the corporation counsel shall file a
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496	496	SENATE BILL 107
497	497	- 11 - LRB-0615/1
498	498	EHS&KMS:cdc
499	499	SECTION 14
500	500	petition for review of the informed consent on behalf of the minor. If consent of a
501	501	parent or guardian of the minor is not obtained during the 30-day treatment period
502	502	as described in s. 51.138 (3), the treatment director of the outpatient mental health
503	503	treatment provider shall file a petition to initiate review of outpatient mental
504	504	health treatment of a minor receiving treatment under s. 51.138 for review of the
505	505	appropriateness of the outpatient mental health treatment for the minor.
506	506	SECTION 15. 51.14 (3) (f) of the statutes is amended to read:
507	507	51.14 (3) (f) If prior to a hearing under par. (g) the minor or the minor[s
508	508	parent or guardian requests and the mental health review officer determines that
509	509	the best interests of the minor would be served, a petition may be filed for court
510	510	review under sub. (4) without further review under this subsection.
511	511	SECTION 16. 51.14 (3) (g) of the statutes is amended to read:
512	512	51.14 (3) (g) Within 21 days after the filing of a petition under this subsection,
513	513	the mental health review officer shall hold a hearing on the refusal or inability of
514	514	the minor[s parent or guardian to provide informed consent for outpatient
515	515	treatment or on the provision of informed consent by the parent or guardian despite
516	516	the minor[s refusal or the provision of informed consent by the minor despite the
517	517	parent or guardian[s refusal. The mental health review officer shall provide notice
518	518	of the date, time, and place of the hearing to the minor and, if available, the minor[s
519	519	parent or guardian at least 96 hours prior to the hearing.
520	520	SECTION 17. 51.14 (3) (h) (intro.) of the statutes is amended to read:
521	521	51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking
522	522	into consideration the recommendations, if any, of the county department under s.
523	523	51.42 or 51.437 made under par. (e), the mental health review officer finds all of the
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547	547	24 2025 - 2026 Legislature
548	548	SENATE BILL 107
549	549	- 12 - LRB-0615/1
550	550	EHS&KMS:cdc
551	551	SECTION 17
552	552	following, he or she shall issue a written order that, notwithstanding the written,
553	553	informed consent requirement of s. 51.61 (6), the written, informed consent of the
554	554	minor[s parent or guardian, if the parent or guardian is refusing or unable to
555	555	provide consent, is not required for outpatient mental health treatment for the
556	556	minor or, if the parent or guardian provided informed consent despite the minor[s
557	557	refusal, the outpatient mental health treatment for the minor is appropriate:
558	558	SECTION 18. 51.14 (3) (j) of the statutes is amended to read:
559	559	51.14 (3) (j) The mental health review officer shall notify the minor and the
560	560	minor[s parent or guardian, if available, of the right to judicial review under sub.
561	561	(4).
562	562	SECTION 19. 51.14 (4) (a) of the statutes is amended to read:
563	563	51.14 (4) (a) Within 21 days after the issuance of the order by the mental
564	564	health review officer under sub. (3) or if sub. (3) (f) applies, the minor, or a person
565	565	acting on behalf of the minor, or the minor[s parent or guardian may petition a court
566	566	assigned to exercise jurisdiction under chs. 48 and 938 in the county of residence of
567	567	the minor[s parent or guardian for a review of the refusal or inability of the minor[s
568	568	parent or guardian to provide the informed consent for outpatient mental health
569	569	treatment required under s. 51.61 (6) or for a review of the provision of informed
570	570	consent by the parent or guardian despite the minor[s refusal or the provision of
571	571	informed consent by the minor despite the parent or guardian[s refusal.
572	572	SECTION 20. 51.14 (4) (g) (intro.) of the statutes is amended to read:
573	573	51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall
574	574	issue a written order stating that, notwithstanding the written, informed consent
575	575	requirement of s. 51.61 (6), the written, informed consent of the parent or guardian,
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599	599	24 2025 - 2026 Legislature
600	600	SENATE BILL 107
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602	602	EHS&KMS:cdc
603	603	SECTION 20
604	604	if the parent or guardian refuses or is unable to provide consent, is not required for
605	605	outpatient mental health treatment for the minor or that, if the parent or guardian
606	606	provided informed consent despite the minor[s refusal, the outpatient mental
607	607	health treatment for the minor is appropriate, if the court finds all of the following:
608	608	SECTION 21. 51.61 (6) of the statutes is amended to read:
609	609	51.61 (6) Subject to the rights of patients provided under this chapter, the
610	610	department, county departments under s. 51.42 or 51.437, and any agency
611	611	providing services under an agreement with the department or those county
612	612	departments have the right to use customary and usual treatment techniques and
613	613	procedures in a reasonable and appropriate manner in the treatment of patients
614	614	who are receiving services under the mental health system, for the purpose of
615	615	ameliorating the conditions for which the patients were admitted to the system.
616	616	The written, informed consent of any patient shall first be obtained, unless the
617	617	person has been found not competent to refuse medication and treatment under
618	618	sub. (1) (g) or the person is a minor 14 years of age or older who is receiving services
619	619	for alcoholism or drug abuse or a minor under 14 years of age who is receiving
620	620	services for mental illness, developmental disability, alcoholism, or drug abuse. In
621	621	the case of such a minor, the written, informed consent of the parent or guardian is
622	622	required, except as provided under an order issued under s. 51.13 (1) (c) or 51.14 (3)
623	623	(h) or (4) (g), or as provided in s. 51.138 or 51.47. Except as provided in s. 51.138, if
624	624	If the minor is 14 years of age or older and is receiving services for mental illness or
625	625	developmental disability, the written, informed consent of the minor and or the
626	626	minor[s parent or guardian is required, except that a refusal of either such a minor
627	627	14 years of age or older or the minor[s parent or guardian to provide written,
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652	652	SENATE BILL 107
653	653	- 14 - LRB-0615/1
654	654	EHS&KMS:cdc
655	655	SECTION 21
656	656	informed consent for admission or transfer to an approved inpatient treatment
657	657	facility is reviewable under s. 51.13 (1) (c), (3), or (4), or 51.35 (3) (b), and a refusal
658	658	of either a minor 14 years of age or older or the minor[s parent or guardian to
659	659	provide written, informed consent for outpatient mental health treatment is
660	660	reviewable under s. 51.14.
661	661	SECTION 22. Initial applicability.
662	662	(1) The treatment of s. 51.13 (1) (b) and (c), (3) (am), (4) (a) (intro.) and 3., (d),
663	663	and (g) 1. b., (6) (a) 2., and (7) (a), (b) 3. and 5., and (c) first applies to an application
664	664	for admission of a minor to an inpatient treatment facility under s. 51.13 that is
665	665	executed on the effective date of this subsection.
666	666	(2) The treatment of s. 51.138 (1m) first applies to a 30-day treatment period
667	667	under s. 51.138 (2) that begins on the effective date of this subsection.
668	668	(3) The treatment of s. 51.61 (6) first applies to treatment or services for
669	669	mental illness or developmental delay provided to a minor on the effective date of
670	670	this subsection.
671	671	(4) The treatment of s. 51.14 (3) (a), (f), (g), (h) (intro.), and (j) and (4) (a) and
672	672	(g) (intro.) first applies to the provision of informed consent for outpatient mental
673	673	health treatment of a minor on the effective date of this subsection.
674	674	SECTION 23. Effective date.
675	675	(1) This act takes effect on the first day of the 7th month beginning after
676	676	publication.
677	677	(END)
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