Involuntary Mental Health Holds in Wisconsin: A Guide for Families
What Is an Involuntary Hold in Wisconsin?
When someone is in a severe mental health crisis and may be a danger to themselves or others, Wisconsin law allows a short-term emergency detention under Chapter 51. This process gives professionals time to evaluate safety and provide care.
The purpose is safety and stabilization, not punishment.
When Does Wisconsin Use Emergency Detention?
Under § 51.15, an emergency detention may be used when someone:
Appears to have a mental illness, drug dependency, or developmental disability and
Poses a substantial risk of harm to self or others, or cannot meet basic needs safely
Examples:
Recent suicide threats or attempts
Violent threats or acts against others
Severe confusion, delusions, or disorientation
Inability to eat, drink, or care for self
Who Can Start an Emergency Detention?
Law enforcement officers (most common)
Treatment directors (or designees) at approved psychiatric facilities
County crisis teams, often available 24/7
Typically, someone calls 911 or the county crisis line. Law enforcement or crisis workers respond, assess, and transport the person if criteria are met.
How Long Can Someone Be Held?
A person can be detained for up to 72 hours, excluding weekends and legal holidays.
During this time, doctors evaluate the person, provide stabilization, and decide next steps.
What Happens After Detention?
The law sets two required court hearings:
Probable Cause Hearing (within 72 hours)
Must be held within 72 hours (excluding weekends/holidays).
Judge decides if there’s enough evidence to continue the case.
Final Commitment Hearing (within 14 days)
If probable cause is found, the final hearing is scheduled within 14 days of detention.
County must prove by “clear and convincing evidence” that criteria for commitment are met.
Your loved one may request a 6-person jury instead of a judge; a 5/6 verdict is enough.
Possible Outcomes
Release if criteria are not met
Voluntary treatment (inpatient or outpatient)
Stipulated community treatment agreement instead of inpatient care
Court-ordered commitment (inpatient, outpatient, or a mix) — usually lasting up to 6 months, with reviews for extensions
Patient Rights Under Chapter 51
Even during an involuntary hold, your loved one has rights:
To be told why they are being detained
To have an attorney (appointed if needed)
To a probable cause hearing within 72 hours
To a final hearing within 14 days
To request a jury trial at the final hearing
To treatment in the least restrictive setting appropriate
What Families Can Do
In the first 72 hours:
Share medical history, medications, and concerns with staff
Get contact information for social workers, attorneys, and county corporation counsel
Ask when the probable cause hearing will be held
If the case goes forward:
Attend hearings and show support
Talk to counsel about less-restrictive treatment options
Help plan for aftercare (appointments, transportation, housing support)
FAQs About Wisconsin Involuntary Holds
How long can someone be held without a court hearing?
Up to 72 hours, excluding weekends/holidays. A probable cause hearing must occur in that window.
What’s the difference between the two hearings?
Probable cause = quick check. Final hearing = decides commitment (within 14 days).
Can my loved one get a jury trial?
Yes. They can request a 6-person jury for the final hearing.
Is outpatient treatment possible?
Yes. Courts can order community treatment instead of inpatient care.
Does a Chapter 51 detention create a criminal record?
No. These are civil proceedings, not criminal charges.
Final Thoughts
Having a loved one detained under Wisconsin Chapter 51 is stressful and confusing. But remember:
Emergency detention is about safety and stabilization.
Your loved one has clear rights and protections.
Families can play a key role by staying informed, involved, and supportive.
With the right information and resources, you can help your loved one move from crisis toward recovery.
