Waukesha Cnty. v. S.L.L. (In Re Mental Commitment of S.L.L.)

2019 WI 66, 929 N.W.2d 140, 387 Wis. 2d 333
CourtWisconsin Supreme Court
DecidedJune 12, 2019
Docket2017AP001468
StatusPublished
Cited by35 cases

This text of 2019 WI 66 (Waukesha Cnty. v. S.L.L. (In Re Mental Commitment of S.L.L.)) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waukesha Cnty. v. S.L.L. (In Re Mental Commitment of S.L.L.), 2019 WI 66, 929 N.W.2d 140, 387 Wis. 2d 333 (Wis. 2019).

Opinions

DANIEL KELLY, J.

*339¶1 Ms. L. challenges an order extending her commitment to the care and custody of Waukesha County pursuant to Chapter 51 of our Wisconsin statutes. She raises three issues for *340our review. First, she says the circuit court lacked jurisdiction over her when it entered an order extending her commitment. Second, she says the circuit court had no statutory authority to enter a default judgment against her for failing to appear at a scheduled hearing. And third, she asserts there was insufficient evidence of record to support the circuit court's order extending her commitment. All three issues are moot, but we choose to address the first two. For the reasons below, we affirm the court of appeals.

I. BACKGROUND

¶2 On August 10, 2016, the Waukesha County Sheriff's Department detained Ms. L. on an emergency basis pursuant to Wis. Stat. § 51.15(1) (2017-18).1 That statute allows emergency detention when an individual: (1) is mentally ill, drug dependent, or developmentally disabled; (2) demonstrates one or more of the behaviors listed in the statute; and (3) gives reason to believe the *144individual is unable or unwilling to cooperate with voluntary treatment.2 *341¶3 An emergency detention under Wis. Stat. § 51.15 is initiated by completing the form entitled "Statement of Emergency Detention by Law Enforcement Officer" (the "Statement"). The completed Statement must detail the subject's condition and the reasons that make detention necessary. In this case, the Statement says Ms. L. suffered from anxiety and depression (for which she was taking no medication), was homeless and without money or food, exhibited very poor hygiene, and experienced at least six encounters with law enforcement over the preceding 48 hours for "disorderly issues," which included having taken "a swing at a courthouse employee." The Deputy who completed the Statement concluded that Ms. L. was "mentally ill, drug dependent, or developmentally disabled," "evidence[d] behavior which constitutes a substantial probability of physical harm to self or to others," and that taking Ms. L. into custody was "the least restrictive alternative appropriate" to her needs. The Deputy also noted that Ms. L. was dangerous, appeared to talk to others when no one else was present, and "had no rational explanation for her basic needs[.]" Ms. L. was taken into custody, transported to Waukesha Memorial Hospital for medical clearance, *342and then brought to the Waukesha County Mental Health Center ("MHC").

¶4 The Sheriff's Department filed the Statement with the Waukesha County Circuit Court on August 11, 2016. This "has the same effect as a petition for commitment under s. 51.20," and requires a probable-cause hearing pursuant to Wis. Stat. § 51.20(7) within 72 hours. Wis. Stat. § 51.15(5). The hearing occurred the next day, and the circuit court commissioner found probable cause to believe Ms. L. was "dangerous to self or others." The circuit court scheduled a final hearing for August 30, 2016.

¶5 Ms. L. appeared and testified at the final hearing as scheduled. The circuit court found her mentally ill and ordered her committed to the care and custody of Waukesha County for six months with inpatient placement at the MHC (the "Initial Commitment").3 The circuit court also found she was not competent to refuse psychotropic medication or treatment, and so authorized the involuntary administration of medication during the period of commitment. Ms. L. responded well to the *145treatment, so the County executed a Conditional Transfer allowing her to leave the MHC and reside elsewhere (the "Transfer"). Ms. L. signed the Transfer, thereby evidencing her agreement that she would abide by the Transfer's requirements, which included taking all prescribed medications, complying with all ongoing treatment and activities recommended by the Waukesha County Health and Human Services Department, and notifying the County if she changed her address from the one listed in the Transfer. The Transfer also stated that if she failed to comply with its conditions she would "be returned to *343an inpatient facility for further disposition and treatment." Ms. L. left the MHC on September 8, 2016. She attended an appointment to receive medication on November 2, 2016, but thereafter absconded from treatment.4 She also failed to keep the County updated on her current address.

¶6 Prior to expiration of Ms. L.'s Initial Commitment, the County applied to the circuit court for a 12-month extension of her commitment (the "Extension Petition"). It alleged that Ms. L. had fallen out of compliance with the Transfer's conditions by missing scheduled treatments and failing to keep a current address on file.5 The circuit court scheduled a hearing on the Extension Petition for February 28, 2017 (the "Extension Hearing"). It also ordered a pre-hearing examination of Ms. L.'s mental condition.6 Notice of the Extension Hearing was sent to Ms. L.'s last known address and to her appointed counsel. The notice *344included the time and place of the hearing, identity of the witnesses who would appear, the topics of their anticipated testimony, and the Extension Petition. The copy of the notice sent to Ms. L. was returned as undeliverable.

¶7 The Extension Hearing commenced as scheduled, with Ms. L. in absentia but represented by appointed counsel.7 Because of Ms. L.'s absence, the County asked the circuit court to issue a writ of capias and to reschedule the hearing for a week following her return to the MHC. It also asked the circuit court to toll the expiration of the Initial Commitment pending the rescheduled hearing date. The circuit court, however, turned its attention to whether it had jurisdiction over Ms. L. Her attorney affirmed she was "subject to the jurisdiction of the Court through the pendency of the order." The circuit court then concluded that Ms. L.

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Bluebook (online)
2019 WI 66, 929 N.W.2d 140, 387 Wis. 2d 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waukesha-cnty-v-sll-in-re-mental-commitment-of-sll-wis-2019.