Petitions are prepared by appointment only.
Please contact (262) 548-7432 and ask for
Kristin Wurtz or Sandy Steinpas
Hours: Monday thru Friday 8:00am - 4:30pm
If you have an emergency situation, please contact your local law enforcement agency (911) for assistance.
What is a Civil Commitment?
A civil commitment is a court order that requires a mentally ill, developmentally disabled, or drug dependent individual to get treatment. There is a separate process for alcoholics, which is discussed in further detail below. A civil commitment is governed by Chapter 51 of the Wisconsin State Statutes. For civil commitment, the court must find the following three things apply:
The individual is mentally ill, developmentally disabled, or drug dependent; and
The individual’s condition is treatable; and
The individual is a danger to self or others.
How does a Civil Commitment start?
Wisconsin law requires the least restrictive approach to treatment. The law strongly favors voluntary over involuntary treatment and protects individuals in need. There are three primary ways to force involuntary treatment in Wisconsin:
Three Party Petition
Three adults provide statements that show the individual meets the standards for civil commitment. At least one adult must have seen the dangerous behaviors. The behaviors must have occurred within the last 60 days. This process may take several weeks to bring to court.
Statement of Emergency Detention by Law Enforcement
Police detain an individual when there is cause to believe the individual is mentally ill, developmentally disabled, or drug dependent, there are immediate safety concerns, and less restrictive options are not available.
Statement of Emergency Detention by Treatment Director
When an individual is voluntarily admitted to an inpatient facility, a treatment provider may detain an individual if the standards for commitment are met, even if the patient wants to leave the inpatient facility.
What is a Three Party Petition?
The law requires Corporation Counsel to assist adults that seek civil commit against an individual in the community. This process is called a Three Party Petition. While Corporation Counsel is required to assist adults in this process, Corporation Counsel does not represent these adults. By law, Corporation Counsel represents the interests of Waukesha County.
For Waukesha County to assist, the individual in need must be a Waukesha County resident.
A Three Party Petition is not:
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- A quick process. If you are in an emergency situation, call 911.
- Something you can file on your own.
- Something you can file anonymously.
- A guarantee that the person will be committed.
- A way to help individual with permanent disability (i.e., dementia, Alzheimer's, or traumatic brain injuries).
- A way to help an individual that is not dangerous. For example, mental health symptoms do not show a person is dangerous. Irrational, non-reality based, angry, or loud behavior is not dangerous under the law. The most common ways to show an individual is dangerous may include a recent threat or attempt at suicide or serious bodily harm, homicidal behavior, an act, attempt, or threat to do serious physical harm that places someone in fear, a pattern of acts or omissions that show it is much more likely than not to cause physical impairment or injury to self or others.
How do I start a Three Party Petition?
To file a Three Party Petition for a Waukesha County resident, you need to fill out a screening form and provide it to the Office of Corporation Counsel for attorney review. All petitioners must be willing to sign the petition before a notary and testify at up to two court hearings within 21 days, likely on short notice.
When completing a screening form, please:
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- Complete the form and provide as many details as you can.
- Include events you’ve seen yourself in the last 60-90 days.
- Include a screenshot of the information with a description of who sent and received the message when referring to texts, emails or social media posts.
- Keep in mind that submitting a screening form doesn't ensure that the Office of Corporation Counsel can file a Three Party Petition.
- Specific to Alcohol and Drug Dependency Petitions - one petitioner for an alcohol and drug dependency petition must be a medical professional. They must be willing to sign the petition before a notary, provide information about the physical impairment or health condition caused by alcohol or drug use and testify at needed court hearings in person or via Zoom.
Three Party Forms for Petitioners
Return completed form to [email protected]. It may take several days before you hear back from our office. Once it has been reviewed, someone will reach out to you to discuss the next steps.
Three Party Screening Form Mental Health 3PPScreeningMentalhealth.pdf
Three Party Screening Form Alcohol 3PPScreening Alcoholdependency.pdf
Three Party Screening Form Drug Dependency 3PPScreeningDrugdependency.pdf
Law Enforcement Contacts and Forms
Memo Re Law Enforcement Contacts during and after hours.pdf
Statement of Emergency Detention.pdf
Medical hold.pdf
Police hold.pdf
Your Legal Rights for Statement of Emergency Detention.pdf
Statement of Service on Emergency Detention.pdf
Treatment Director Forms
