S. Hanway v. K. Fouts ( 2021 )

IT I
10/15/2021
IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0503
OP 21-0503
FILED
SHYLAH CASSIE HANWAY, OCT 15 2021
Bowen Greenwood
Petitioner, Clerk of Supreme Court
State of Mnntana
v.
ORDER
KYLE FOUTS, Administrator, Montana State
Hospital, and ADAM MEIER, Director,
Department of Health and Human Services,
Respondents.
On October 7, 2021, Petitioner Shylah Hanway filed a Petition for Writ of Mandamus.
Petitioner seeks this writ to direct the Department of Public Health and Human Services to
comply with the mandates of the August 31, 2021 Order Finding Defendant Unfit to Proceed
with Suspension of Proceedings and Placement of Defendant for Further Evaluation of the
Eighth Judicial District Court, Cascade County, or alternatively to require the Department to
immediately admit Petitioner to some other medically suitable facility for the purpose of
restoring Petitioner's fitness to proceed in that court's Cause No. DDC-21-492. Petitioner
further asserts that her admission is warranted for the purpose of restoring her fitness to
proceed in Cause No. CDC-21-052, also before the Eighth Judicial District Court, in which
she alleges she was admitted to Montana State Hospital (MSH), released to be reincarerated
at the Cascade County Detention Center, and that the Cascade County Attorney Office has
since filed a motion for contempt against MSH for its failure to readmit her in reference to
that matter.
Having reviewed the Petition, this Court deems it appropriate to obtain responses in
accordance with M. R. App. P. 14(7). Recently, this Court ordered an expedited response to
a factually similar petition for writ of mandamus in Khmelev v. Fouts, No. OP 21-0450,
Order (Mont. Sept. 15, 2021). In that case, desiring an explanation as to "why statutorily
required and court-ordered interventions under §§ 53-21-1201 and 46-12-202, MCA, failed,"
and fearing continuation of a repeated cycle of dismissal and rearrest while allowing
Petitioner to decompensate and languish without proper care, we requested expedited
responses from Respondents and further requested such responses from the prosecuting
offices and the detention center at issue to inform the Court "about what they have done to
coordinate and accomplish transport of the defendant to MSH to accomplish the commitment
that has been ordered." The same procedure is warranted in the present case.
Therefore,
IT IS ORDERED that Montana State Hospital Administrator Kyle Fouts and Director
of the Department of Public Health and Human Services Adam Meier are granted until
October 22, 2021, to prepare, file, and serve a response(s) to the petition for writ of
mandamus on behalf of the Department.
IT IS FURTHER ORDERED that the Cascade County Attorney and the Cascade
County Detention Center are granted until October 22, 2021, to prepare, file, and serve a
response(s).
The Clerk is direct to provide a copy of the Order to counsel for Petitioner, all counsel
of record in the Eighth Judicial District Court, Cascade County, Cause Nos. DDC-21-492
and CDC-21-052, the Montana Attorney General's Office, Kyle Fouts, and Adam Meier, as
well as the Honorable John W. Parker and the Honorable John A. Kutzman.
DATED this 15-111 day of October, 2021.
For the Court
.94 ,44 414..Justice
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