Community Grievance Decision Digest
LEGAL SYSTEM, COURTS & PETITIONS FOR REVIEW -
ACCESS TO
THE LAW:
"Except in the case
of a person who is committed for alcoholism..." each patient shall...
"have the right to petition
the court for review of the commitment order or for withdrawal of the
order or release from commitment as provided in s. 51.20(16)."
§
51.61(1)(d), Wis. Stats. [Emphasis added.]
"(a) Any patient
whose rights are protected under this section who suffers damage as a result of the unlawful
denial or violation of any
of these rights may bring
an action against the person, including the state or any political
subdivision thereof, which unlawfully denies or violates the right in
question. The individual may
recover any damages as may be
proved, together with exemplary
damages of not less than $100
for each violation and such costs
and reasonable actual attorney fees as may be incurred.
(b) Any patient whose
rights are protected under this section, may bring an action against any
person, including the state or any political subdivision thereof, which willfully, knowingly and
unlawfully denies or violates any
of his or her rights protected
under this section. The
patient may recover such damages as
may be proved together with exemplary
damages of not less than $500
nor more than $1,000 for each violation, together with costs
and reasonable actual attorney
fees. It is not a
prerequisite to an action under this paragraph that the plaintiff suffer
or be threatened with actual damages.
(c) Any patient whose
rights are protected under this section may bring an action
to enjoin the violation of his or her rights under this section and
may in the same action seek damages
as provided in this section. The
individual may also recover costs
and reasonable actual attorney fees
if he or she prevails.
(d) Use of the grievance procedure established under sub. (5) is not
a prerequisite to bringing an action under this subsection."
§ 51.61(7), Wis. Stats. [Emphasis
added.]
DECISIONS:
- The treatment professionals
and the courts are the final
decision-making authorities on mental health commitments. A county
department of community programming (DCP) does not have the primary
decision making capacity about a commitment.
The role of the DCP is to file the petition. However
the court retains jurisdiction over the petition. The
DCP is simply the responsible entity for monitoring and coordinating
the commitment once it is adjudicated.
(Level III Grievance Decision in Case No. 04-SGE-07, affirmed
at Level IV on 8/15/05)
Last Updated: November 08, 2006 |
