Outagamie County v. Melanie L.

The Outagamie County petitioned for Melanie L.'s mental heath commitment. The circuit court granted the petition and committed Melanie to the County's custody for six months. The court also issued an order for involuntary medication and treatment. Before the end of the six month period, the County sought an extension of both orders for an additional twelve months. The circuit court granted the petition. Melanie appealed the extension of the involuntary medication order, contending that the County did not meet its burden of proving her incompetent to refuse treatment under Wis. Stat. 51.61(1)(g)(4.b). The court of appeals affirmed. The Supreme Court reversed, holding that the County failed to prove by clear and convincing evidence that Melanie was substantially incapable of making an informed choice as to whether to accept or refuse the medication, and therefore did not overcome Melanie's presumption of competence to make an informed choice to refuse medication. View "Outagamie County v. Melanie L." on Justia Law

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