Community Grievance Decision Digest

RELIGIOUS WORSHIP, RIGHT TO

The decision summaries regarding this law may be found in the document:
Community Grievance Decision Digest: Decisions. (PDF, 512KB)

THE LAW:

Each patient shall..."Have the right to religious worship within the facility if the patient desires such an opportunity and a clergyman of the patient's religious denomination or society is available to the facility. The provisions for such worship shall be available to all patients on a nondiscriminatory basis. No individual may be coerced into engaging in any religious activities."

ss. 51.61(1)(l), Wis. Stats. [Emphasis added]

"(1) All inpatients shall be allowed to exercise their right to religious worship as specified under s. 51.61(1)(l), Stats., and this section.

(2) The director of each treatment facility serving inpatients shall seek clergy to be available to meet the religious needs of the inpatients.

(3) The director or designee shall make reasonable provision for inpatients to attend religious services either inside or outside the facility, except for documented security reasons, and shall honor any reasonable request for religious visitation by the representative of any faith or religion.

(4) Visiting clergy shall have the same access to inpatients as staff clergy except that visiting clergy may be required to work with and be accompanied by staff clergy.

(5) A patient whose disruptive behavior interferes with other patients' right to worship shall be removed from worship services."

DHS 94.16, Wis. Admin. Code [Emphasis added.]

DECISIONS

1. The alcohol treatment program did not require the individual to attend Alcoholics Anonymous (AA) or the steps that have religious aspects.  Thus, his right to be freedom of religious worship was not violated. (Level III decision in Case No. 98-SGE-02 on 10/13/98, upheld at Level IV.)

Last Updated: June 18, 2009