Senate Bill 109 proposes to amend existing laws regarding the emergency detention of minors in Wisconsin by allowing certain medical and behavioral health clinicians to initiate such detentions. Currently, only law enforcement officers or authorized individuals can take a minor into custody if they believe the minor is mentally ill, developmentally disabled, or drug dependent and poses a danger to themselves or others. The bill introduces a new process for clinician-initiated emergency detentions, which is optional for counties outside of Milwaukee County. Clinicians eligible to initiate detentions include psychologists, psychiatrists, psychiatric nurse practitioners, and other licensed mental health professionals, provided they have received county approval and training.

The bill outlines specific requirements for clinician-initiated detentions, including the necessity for a crisis assessment by a mental health professional and the approval of the county department of community programs. It also establishes protocols for custody, transportation, and filing statements of emergency detention, ensuring that the clinician's determination is subject to county oversight. Additionally, the bill includes liability protections for clinicians acting in good faith and imposes penalties for false statements made during the detention process. Overall, this legislation aims to enhance the mental health response for minors in crisis while maintaining safety and legal accountability.

Statutes affected:
Bill Text: 51.15(3), 51.15