How do I get court ordered outpatient treatment (AOT) for my loved one in Illinois or Wisconsin?

Who qualifies in Illinois?

Someone qualifies if one of these is true (405 ILCS 5/1-119.1):

1. Without outpatient treatment, they would meet inpatient commitment criteria, and only a court order can reasonably ensure that treatment.
2. Their untreated illness is reasonably expected to worsen to inpatient criteria, and it has, more than once, led them to refuse needed services.

How does a family file in Illinois?

1. Get the petition form, IDHS form IL 462-2210, Petition for Involuntary Outpatient Admission (Illinois Courts).
2. Write specific, dated facts: refusals, hospital stays, threats, inability to meet basic needs.
3. File with the circuit court clerk in the county where your loved one lives or is present (405 ILCS 5/3-751).
4. A clinician's certificate can be attached but is not required to file. Without one, the court can order an examination. A hearing is set once two certificates are filed, one from a psychiatrist (3-752, 3-753).
5. If your loved one is in the hospital, the outpatient petition can be filed with an inpatient petition, or before release from a voluntary stay (3-751(c) and (e)).
6. Your loved one may agree to an outpatient order instead of a contested hearing (3-801.5).

Who qualifies in Wisconsin?

Your loved one must be mentally ill, a proper subject for treatment, and dangerous under one of five standards (Wis. Stat. 51.20(1)(a)).

The "fifth standard" (51.20(1)(a)2.e.) covers people who cannot make an informed treatment choice and will deteriorate without care.

If your loved one was in inpatient treatment or under a commitment right before the case, the treatment record can stand in for recent acts (51.20(1)(am)).

How does a family file in Wisconsin?

1. Contact the county corporation counsel or the county crisis unit. Corporation counsel represents the public and drafts the papers (51.20(4)(a)).
2. Get three adults to sign the sworn petition, at least one with personal knowledge (51.20(1)(b)).
3. List close relatives' names and addresses and the facts that show probable cause (51.20(1)(c)).
4. If corporation counsel declines, you can ask counsel to file under a limited appearance (51.20(4)(b)).
5. File with the court that handles probate in the county where your loved one is present or legally lives. Your loved one gets a public defender automatically (51.20(1)(c), 51.20(3)).
6. Outpatient terms can also come through a 90-day settlement agreement (51.20(8)(bg)).