Milwaukee County Combined Community Services Board (Board) petitioned the trial court for the involuntary commitment of Theodora Athans (Athans) and Gerald Haskins (Haskins) pursuаnt to sec. 51.20, Stats. The trial court held final hearings in
THEODORA ATHANS
Dr. Kevin Kennedy, a psychiatrist, testified that he examined Athans on June 22, 1981, and reviewed her current hospitalization charts. Dr. Kennedy concluded that Athans suffered from schizophrenia, chronic paranoid type, but that Athans was not a proper subject for treatment because rehabilitation in her case was not possible. Dr. Kennedy testified that Athans was not amenable to treatment and that hospitalization would only be custodial in nature and would be dеtrimental to Athans’ ability to survive in the community.
Dr. Andrew Kane, a psychologist, testified that he examined Athans on June 22,1981, and also reviewed her current hospitalizatiоn charts. Dr. Kane testified that he had examined Athans on four prior occasions in a thirty-month period before the present proceedings. He concluded that Athans was acutely and chronically psychotic but that Athans was not rehabilitable and thus not a proper subject for treatment. Dr. Kane testifiеd that, based upon his present and prior examinations of Athans, and upon conference with the nursing and the psychiatric staff of the Milwaukee County Mentаl Health Complex, Athans would not change her delusional scheme no matter what the treatment attempted, including sedation.
Both Drs. Kennedy and Kane testifiеd that Athans was not violent. Both agreed Athans was physically sound, dressed well and appeared to have sound nutrition. The
GERALD HASKINS
Dr. Kennedy testified that he examined Haskins on April 14 and 28, 1981, and reviewed Haskins’ current hospitalization charts. Dr. Kennedy concluded that Has-kins was developmentally disabled, but not mentally ill» habilitable, but not rehabilitable, and thus not a proper subject for treatment. Secs. 51.01 (5) (a), (13) (b), (17), and 51.20(1) (a) 1, Stats. Dr. Kennedy also testified that Haskins suffered from a compulsive disorder (pyromania) which did not constitute a mental illness.
Dr. Kane testified that he examined Haskins on April 14 and 27, 1981, and reviewed Haskins’ current hospitalization charts. Dr. Kane testified that Haskins was developmentally disabled, not mentally ill, habilitable but not rehabilitable, and thus, not a proper subject for treatment. Dr. Kane also testified that Haskins suffered from a compulsive disorder (pyromania) which is not a mental illness.
Both doctors testified that the terms rehabilitation and habilitation had specific clinical meanings. Habilitation means the maximizing of an individual’s functioning and the maintenanсe of the individual at that maximum level. Rehabilitation means returning an individual to a previous level of functioning which had decreased because of an acute disorder.
Section 51.01(17), Stats., defines treatment in terms of rehabilitation only. Two issues are thus presented by these appeals: (1) whether treatment as dеfined in sec. 51.01(17), Stats., includes habilitation as well as rehabilitation, and (2) whether the findings of the trial court are against the great weight and clear preponderance of the evidence.
Construction of a statute is a question of law. As tо questions of law, this court is not required to give special deference to the trial court’s determination.
Hucko v. Jos. Schlitz Brewing Co.,
This court must conclude that the term rehabilitation is not an ambiguous term with two or more meanings, of which one meaning might inсlude habilitation. In sec. 51.437(1), Stats., the terms habilitation and rehabilitation are juxtaposed, indicating that the legislature understood the difference between the two words. The
The sеcond issue is whether the trial court’s findings were against the great weight and clear preponderance of the evidence. As to the rules applicable to the review of a circuit court’s finding of fact, we refer to
Klein-Dickert Oshkosh, Inc. v. Frontier Mortgage Corp.,
We believe it is well-established that findings of the trial court will not be upset on appeal unless they are clearly erroneous and against the great weight and clear preponderance of the evidence. The evidencе supporting the findings of the trial court need not constitute the great weight or clear preponderance of the evidence and reversal is. not dictated if there is evidence to support a contrary finding. If there is to be a reversal on appeal, the evidence to support such a result must itself constitute the great weight and clear preponderance of the evidence. Furthermore, when the trial judge acts as the finder of fact, he is the ultimate and final arbiter of the credibility of witnesses. When more than one inference can be drawn from the credible evidence, the reviewing court must accept the inference drawn by the trier of fact. Bank of Sun Prairie v. Oystein,86 Wis. 2d 669 , 676,273 N.W.2d 279 (1979), and cases cited therein.
The appellant in these cases had to prove by clear and convincing evidеnce that Athans and Haskins should be
The findings of the trial court are also supported by the legislative scheme concerning involuntary civil commitment. Chapter 51 provides for active treatment for those who are proper subjects for treatment, and sec. 55.06, Stats., provides for residential carе and custody of those persons with mental disabilities that are likely to be permanent. The distinction between these two statutes must be recognized and maintained.
By the Court. — Orders affirmed.