Manitowoc County v. Samuel J. H.

Summary

The Wisconsin Supreme Court affirmed an order denying Samuel J.H.'s petition to return him from inpatient to outpatient treatment. The court held that Wis. Stat. § 51.35(1)(e) does not require a hearing within ten days when a transfer to a more restrictive placement is based on reasonable medical and clinical judgment. A ten-day hearing is required when the transfer lasts more than five days and is based on an alleged violation of a condition of less restrictive treatment, and the court withdrew contrary language from Fond du Lac County v. Elizabeth M.P.

Holdings

1. Wis. Stat. § 51.35(1)(e) does not require a hearing within ten days when a transfer to a more restrictive placement is based on reasonable medical and clinical judgment under § 51.35(1)(e)1.
2. A hearing must be held within ten days when the transfer results in a greater restriction of personal freedom for more than five days, or is from outpatient to inpatient status for more than five days, and the transfer is based on an alleged violation of a condition of transfer to less restrictive treatment.
3. Samuel was not entitled to a ten-day hearing or transfer back to outpatient treatment because the circuit court properly found that his transfer was based on reasonable medical and clinical judgment rather than a treatment-condition violation.
4. The Wisconsin Supreme Court withdrew the portions of Fond du Lac County v. Elizabeth M.P. stating that all transfers under § 51.35(1)(e) require a hearing within ten days.

Questions Presented

1. Whether Wis. Stat. § 51.35(1)(e) requires a hearing within ten days for every transfer to a more restrictive placement, including transfers based on reasonable medical and clinical judgment.
2. Whether the contrary language in Fond du Lac County v. Elizabeth M.P. should be withdrawn.
3. Whether Samuel was entitled to transfer back to outpatient status because he did not receive a ten-day hearing.

Disposition

affirmed