Chapter 51

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The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction. In Re: Commitment of C.M., 258 N.E.3d 280 (Table), 2025 WL 944745 (Ind. Ct. App. Mar. 28, 2025) (unpublished).

Background
In October 2024, C.M. entered…
Continue Reading Indiana Court of Appeals Reaffirms Limits on ‘Special Conditions’ in Civil Commitment Orders

Sheboygan County v. N.A.L., 2024AP1195, petition for review of an unpublished decision of the court of appeals, granted 5/122/25; case activity

In yet another interesting Chapter 51 appeal, SCOW signals its willingness to resolve whether a colloquy is required before accepting a stipulation to an involuntary mental commitment order (and accompanying involuntary med order)–an issue which has recurred since 2005.

As it has continued to do in other recent cases, SCOW accepts only one of the issues…
Continue Reading SCOW accepts review in Chapter 51 appeal

Fond du Lac County v. D.P.E., 2025AP66-FT, 4/30/25, District II (1-judge decision, ineligible for publication); case activity

COA affirms the circuit court’s orders recommitting D.P.E. (referred to as “Donald”) and authorizing the involuntarily administration of medication. Donald argued on appeal that the county did not present sufficient evidence to establish dangerousness and failed to meet its burden to prove he was not competent to refuse medication.

Donald was committed as an inmate at the Wisconsin Resource Center (“WRC”).
Continue Reading COA affirms recommitment and involuntary medication orders over sufficiency and hearsay challenges in detailed discussion

Winnebago County v. J.M., 2024AP1554, 4/2/25, District II (1-judge decision, ineligible for publication); case activity

COA affirmed the circuit court’s order recommitting J.M. (referred to as “James Moore”) for twelve months and authorizing involuntarily administering medication.  The Court found that Moore suffers from schizoaffective disorder, which caused him to drink an excessive amount of water to the point that he needed to be transported to the emergency room for low sodium levels in his body.  The Court therefore…
Continue Reading Excessive water intake sufficient to find person “dangerous” under Chapter 51.