State v. Combined Community Services Board
North Western Reporter, 2d Series 1985; 362: 104-117
The Supreme Court of Wisconsin reversed the action of the Circuit Court, Milwaukee County, and found a Wisconsin statute unconstitutional in permitting involuntary protective placement of individuals in mental institutions without requiring automatic periodic reexamination of the need for continued placement. Due process required an annual judicial review of each placement, with accompanying hearings if requested by the committee or the patient's guardian. Further, statutory procedures governing the transfer of the protective placement of a ward to an acute psychiatric care facility violated equal protection standards because placements could be made outside the requirements of the mental health commitment statute. (KIE abstract)
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