La Crosse County Human Services

The courts can order commitment or protective services to the Human Services Department for people with some disabilities who are unable to make appropriate decisions and require the protection of society. Under Wisconsin Statutes, the staff of the Court and Intervention Unit work with the courts, corporation counsel, law enforcement agencies, guardians and families to see that these persons get the care and/or treatment services they need. This and other agency service units see that services are provided in the least restrictive setting possible. Progress and continued need are periodically reviewed.

Protective Placement (Ch 55) and Guardianship (54)

The Protective Services Law focuses on persons who have been declared incompetent under Ch 54 of the Statutes and who are in need of services in the community, or who need long-term placement in a nursing home or other similar facility. Care is to be provided in the least restrictive environment to meet the person’s needs.

Chapter 54 of the Statutes governs the standards and procedures for guardianship of persons who are mentally incompetent. A guardian may be appointed to manage an individual’s financial and/or personal affairs. Guardianship may be limited to certain functions or may cover most of the decisions an individual must make.

Referrals are made through a variety of sources. Court and Intervention staff assist the petitioners through the court process of obtaining a guardian for the person in need.

Alcohol Commitments

An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. A person who appears to be incapacitated by alcohol shall be placed under protective custody by a law enforcement officer, who will bring that person to a treatment facility. A person can be held involuntarily up to 72 hours excluding weekends and holidays. There are four criteria that need to be addressed in the letters to the court to pursue court ordered treatment: 1) the person habitually lacks self-control as to the use of alcoholic beverages, 2) the person uses alcoholic beverages to the extent their health is impaired or endangered, 3) the person uses alcoholic beverages to the extent their social or economic functioning is disrupted. 4) the person’s pattern of conduct is dangerous to themselves or others.

Mental Health and Drug Commitments (Ch 51)

Mental health treatment is governed by Ch 51 of the Wisconsin Statutes, the Mental Health Act. It outlines the roles of states and counties in providing services, the procedures for voluntary admissions to inpatient facilities, the standards and procedures for civil (involuntary) commitments, and the rights of persons receiving mental health care. It focuses on protecting individual rights and liberties, favoring voluntary over involuntary treatment in the least restrictive environment that will meet a person’s needs.

A mental health commitment can be initiated in three ways: 1) emergency detention by the police, 2) director’s hold by a physician on an inpatient psychiatric unit, and 3) three party petitions. A person determined to meet the commitment standards can be involuntarily detained at a treatment facility up to 72 hours. The five standards for involuntary commitment include; physical harm to self, physical harm to others, evidence of substantially impaired judgment, unable to satisfy basic needs due to mental illness or drug dependence, and the treatment standard. If the treating physician determines that a commitment is necessary for ongoing treatment, the Court & Intervention staff get involved setting up the probable cause hearing, the court ordered evaluations, exploring treatment options and keeping all parties informed of the process.

Elder Abuse/Adult Protective Services

The Court & Intervention Unit is responsible for investigating reports of adult abuse, neglect, or self-neglect. The investigation begins within 24 hours of being received, excluding weekends. Any person may report to the Resource Center (785-5700) suspected abuse or neglect. In case of an emergency dial 911. This report may be anonymous. No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith.

Examples might include:

Physical abuse – the willful infliction of physical pain, injury or unreasonable confinement.

Sexual abuse – coercion into sexual contact against a person’s will.

Material abuse – financial exploitation is the misuse of an elder’s money or property.

Emotional Abuse – includes demeaning statements, harassment, isolation and threats.

Neglect – occurs when a caregiver’s failure to provide adequate food, shelter, clothing, medical or dental care results in danger to the health of an elder in his or her care.

Self – Neglect – there is a significant danger because the elder is unable or fails to provide adequate food, clothing, shelter, medical or dental care.