WI AB114

Counties (except Milwaukee County) may authorize licensed mental health clinicians—including psychologists, psychiatrists, psychiatric nurse practitioners, psychiatric physician assistants, marriage and family therapists, professional counselors, and clinical social workers—to initiate emergency detentions of minors who are mentally ill, drug dependent, or developmentally disabled and pose a danger to themselves or others.

Clinicians must complete county-provided training on emergency detention procedures at least every 2 years to be authorized as emergency detention initiators.

County departments are responsible for approving clinician-initiated detentions, taking custody of the minor, arranging transportation to treatment facilities, and bearing transportation costs; the 72-hour detention clock begins when the county approves the detention.

Clinicians initiating detention must prepare a detailed statement documenting the minor's condition, specific recent overt acts or threats demonstrating dangerousness, and a determination that detention is the least restrictive appropriate alternative.

Signing a false statement of emergency detention is a Class H felony, and clinicians acting in good faith are protected from liability.