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File #: 34439    Version: 1 Name: Commence legal action against the Department of Health Services re: Placement of emergency detention individuals at Mendota
Type: Resolution Status: Passed
File created: 6/10/2014 In control: COMMON COUNCIL
On agenda: 7/1/2014 Final action: 7/1/2014
Enactment date: 7/2/2014 Enactment #: RES-14-00534
Title: Authorizing the City Attorney to commence legal action against the Wisconsin Department of Health Services for failing to follow Wis. Stat. § 51.15(2) & (3) which requires the Department of Health Services to accept custody of individuals placed under emergency detention by the Madison Police Department.
Sponsors: Paul R. Soglin
Fiscal Note
These proceedings would be undertaken using budgeted City Attorney staff and resources.  No appropriation is required.
Title
Authorizing the City Attorney to commence legal action against the Wisconsin Department of Health Services for failing to follow Wis. Stat. § 51.15(2) & (3) which requires the Department of Health Services to accept custody of individuals placed under emergency detention by the Madison Police Department.
Body
WHEREAS, the Wisconsin Department of Health Services is the state agency charged with oversight of all state treatment facilities under Wis. Stat. § 51.01(15) & Wis. Stat. § 46.011(1), and  Mendota Mental Health Institute is a state treatment facility; and
      
WHEREAS, individuals placed in emergency custody under Wis. Stat. § 51.15(2) must be placed at either a facility that agrees to placement or a state treatment facility; and
 
WHEREAS, Mendota has stated they will no longer accept individuals placed under this statute and the Police Department is in the process of verifying this; and
 
WHEREAS, mental health experts have indicated it is in the best interest of these individuals be placed at Mendota, close to their support networks; and
 
WHEREAS, Mendota is mandated by statute to accept custody of these individuals; and
 
WHEREAS, the City Attorney has researched and recommends that  the City bring suit against the Department of Health Services and any other necessary party in order to compel Mendota to take custody of individuals placed in custody under the emergency detention statute;  
 
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Madison that, the City Attorney is authorized to commence legal proceedings against the Department of Health Services and Mendota Mental Health Institute and any other necessary party to require that they follow state mandate and accept custody of individuals who are under emergency detention.