Emergency Detention (ED) Instructions B 55.135
1. Secure scene.
2. Call EMS if needed.
3. Establish / Assess need:
a. Ask questions and look into the status of the residence. Is there food available, is
it relatively clean, does it have electricity and working appliances, etc. This is all
necessary information for Corporation Counsel.
b. Elements required for Chapter 55 protective placement are that:
i. The subject is so incapable of caring for themselves that there is a
substantial risk of serious physical harm to himself or herself, and
ii. The incapability is a result of developmental disabilities (e.g. mental
retardation, cerebral palsy), degenerative brain disorder (e.g. brain trauma,
Alzheimer=s disease, dementia), serious and persistent mental illness, or
other like incapacities.
Age can be a factor, but is not necessarily the DETERMINING factor.
4. When Emergency Detention is established:
a. The Primary intake facility for adults in a Chapter 55.135 is Waukesha Memorial
i. The Officer MUST call WMH @ 262-928-4036 and check availability of a
bed. THIS IS NOT THE RESPONSIBILITY OF THE DISPATCHER.
Please make the call yourself so you can pass along the necessary
information that WMH needs as dispatch will not always have this
information. If WMH cannot admit, Subject can be admitted to the
nearest medical hospital that will accept them.
ii. It is VITAL that you immediately give the admitting Hospital a clear
picture of the condition of the Subject, and that you get clear direction
from the Hospital regarding whether the Subject can be maintained on
a general medical floorYif the Subject will require admission to and
treatment on the Hospital=s locked psychiatric ward, you must file a
Chapter 51 as such admission is not legally permitted under an
Emergency Protective Placement.
iii. Transport to admitting facility if EMS is not already transporting.
iv. Fill out ED paperwork completely
(1). Make copies
(2). Serve one copy of ED Paperwork on the Subject
(3). Leave 1 copy with WMH
(4). Return Original and other copies to your Department, to be
forwarded to the Corporation Counsel=s Office
(5). Follow the below procedure ONLY if medical clearance is
needed at a SEPARATE MEDICAL FACILITY before the
Subject is admitted to the receiving facility under the Emergency
v. If medical clearance is needed, but Subject is NOT ADMITTED to the
hospital at which medical treatment is being given:
(1). Transport to Hospital if EMS is not already doing so (2). Remain with subject entire time until cleared or properly relieved (3). Transport subject to Emergency Protective Placement admitting
facility after medical clearance is completed
(4). Fill out ED paperwork completely
(5). Make two copies of ED Paperwork
(6). Give one copy of ED Paperwork to facility receiving Subject (7). Serve one copy of ED Paperwork on the Subject
(8). Return original ED Paperwork to your Department to be submitted
to Corporation Counsel.
vi. If Subject is ADMITTED to a Hospital for Medical Treatment, and that Hospital is not the facility that will ultimately receive the Subject under the Emergency Protective Placement:
(1). Fill out ED paperwork completely including MEDICAL POLICE
HOLD in ED packet
(2). Make 2 copies
(3). Serve 1 copy of ED Paperwork on the Subject
(4). Leave one with Admitting Hospital
(5). Ask Hospital to contact your Department when Subject is medically
cleared so that you can return to pick up the Subject (6). Fill out Hospital=s MEDICAL POLICE HOLD form B (ask ER
desk how to obtain one)
(7). Return original ED Paperwork to your Department to be submitted
to Corporation Counsel
vii. When Hospital notifies you that Subject is medically cleared, call Waukesha Memorial Hospital to determine accepting facility. (1). Transport subject to Emergency Protective Placement admitting
facility—or arrange for this transport.
(2). Give copy of ED Paperwork to the receiving Emergency Protective
viii. Check for New Charges/Warrants/holds etc. and Determine whether there
are any new or pending charges/warrants/holds for the Subject.
(1). If any of these apply make sure you fill out the
CRIMINAL POLICE HOLD form in the ED packet.
This must be done or the Subject may be released after the
conclusion of the Emergency Protective Placement case
without notification to your agency.
(2). If you DO place a Acriminal@ hold on the subject make sure that
fact is prominent in the paperwork. Make sure it is in your report
and that you pass the information along to each facility the subject
will be dealing with.
(3). Follow your Department=s protocol for following up with the
facility and taking custody of the Subject after the Emergency
Protective Placement case is concluded.
Please Note: The section stating ASubject was detained at@ must be the facility/hospital where
admitted and date and time admitted there.
If you are cleared from the hospital after medical treatment/clearance without the Subject
having been admitted, and you are then admitting the Subject to the facility under the Emergency Protective Placement, it will read… Subject was detained at (Emergency Protective Placement treatment facility) for example--Waukesha Memorial Hospital on 08-08-08 at
If you are advised that your subject will be admitted to the hospital for medical
treatment/clearance and not immediately released for reception to the Emergency Protective Placement facility, then it will read… Subject was detained at (medical treatment facility) for example—Oconomowoc Memorial Hospital on 08-08-08 at 8:00pm. This is extremely
important because it starts the clock on the 72-hour time period in which the Probable Cause Hearing must be held, and must be filled out properly.
Please Also Note: If the subject is combative, and Emergency Protective Placement (likely WMH) reception facility staff indicates that the subject needs to be placed on a psychiatric unit, then the
Emergency Detention must be done under Chapter 51, not Chapter 55. The patient can then be detained on a psychiatric unit. Chapter 51 paperwork must then be completed, not Chapter 55 paperwork. If a Chapter 51 proceeding must ultimately be initiated, follow the procedure in the Chapter 51 outline.
REMEMBER: If it is ultimately determined that the matter needs to go forward as a Chapter 51 case, you must call the Charge Nurse at the Waukesha County Mental Health Center and get approval for the Detention.