Matter of A.H. ( 1995 )

NO. 94-407
IN THE SUPREME COURT OF THE STATE OF MONTANA
1995
IN THE MATTER OF THE MENTAL
HEALTH OF A.H.
Jl!N 19 1995
Respondent and Appellant.
APPEAL FROM: District Court of the First Judicial District,
In and for the County of Lewis and Clark,
The Honorable Dorothy McCarter, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
Lonnie Olson, Allen Smith, Jr., Mental
Disabilities Board of Visitors, Montana Advocacy
Program, Warm Springs, Montana
For Respondent:
Hon. Joseph P. Mazurek, Attorney General, Elizabeth
L. Griffing, Assistant Attorney General, Helena,
Montana; Mike McGrath, Lewis and Clark county
Attorney, K. Paul Stahl, Deputy Lewis and Clark
County Attorney, Helena, Montana
Submitted on Briefs: June 13, 1995
Decided: June 19, 1995
Filed:
Clerk
Justice Fred J. Weber delivered the Opinion of the Court.
The appellant, A.H., was detained in the Lewis and Clark
County jail pursuant to criminal charges. She was taken from the
jail to St. Peter's Community Hospital on January 10, 1994. Nancy
Cobble prepared a mental evaluation report on January 10, 1994, and
requested that a petition for the civil commitment of A.H. be
filed. On January 10, 1994, a Petition for Involuntary Commitment
was filed in the First Judicial District Court, Lewis and Clark
County, alleging that A.H. was seriously mentally ill and
requesting her commitment. The Petition requested that the court
find that the January 10 report prepared by Nancy Cobble was
sufficient to meet the requirements of § 53-21-123, MCA.
An initial appearance was made in the First Judicial District
Court on January 10, 1994, and the court ordered that the report
attached to the Petition completed by Nancy Cobble was sufficient
to meet the requirements of 5 53-21-123, MCA. No professional
person was appointed by the court at the initial appearance to
examine A.H.
A hearing was held before the District Court on January 11,
1994, at which time the District Court concluded A.H. had a mental
disorder of "psychotic episode" and found that because of her
current mental disorder and her recent behavior, A.H. was deprived
of the ability to protect her life or health. A.H. was committed
by the District Court to the Montana State Hospital by its order of
January 11, 1994.
A.H. has appealed contending that she was deprived of her
right to liberty without due process of law and that she was
committed to Montana State Hospital in violation of mandatory
statutory safeguards. In substance, A.H. contends that § 53-21-
122, MCA, requires the appointment of a professional person and
that § 53-21-123, MCA, provides as a mandatory requirement that
following the initial hearing the respondent shall be examined by
such professional person. A.H. contends that these statutory
mandates were disregarded. The District Court failed to appoint a
professional person and ordered that the report completed before
the initial hearing was sufficient to meet the statutory mandate.
The Attorney General of the State of Montana has filed a
Notice of Concession which states that this case does involve the
appeal of commitment of A.H. pursuant to 55 53-21-122 and 123, MCA.
The Attorney General points out that the sole issue is whether the
proper statutory procedures were followed. The Attorney General
further points out that under In re R.M. (1995), 52 St.Rep. 68, 889
P.2d 1201 and In re D.H. (1995), 52 St.Rep. 294, this Court has
rejected the same commitment procedures which were used in the
present case. The Attorney General therefore concedes in behalf of
the State of Montana that the District Court decision should be
reversed.
This Court concludes that no further procedure is required in
the present case.
We hold that the District Court erred when it failed to comply
with the specific requirements of §§ 53-21-122 and 123, MCA; and
3
for that reason this Court reverses the order of commitment of A.H.
to Montana State Hospital at Warm Springs, Montana.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
1988 Internal Operating Rules, this decision shall not be cited as
precedent and shall be published by its filing as a public document
with the Clerk of this Court and by a report of its result to the
West Publishing Company.
Reversed.
Justices
/
June 19, 1995
CERTIFICATE On..I... *.A?
-1 QF~vT~’
I hereby certify that tl it: following certified order was sent by United States mail, prepaid, to the
1tillowing named:
Lotie. J. Olson
.
Me.ntaI Disabilities Board of Visitors
P.O. Box 177
Warm Springs, MT 59756
Hon. Joseph P. Mazurek
Attome! f General
- -
_. .
Justice blag.
Helena, MT 59620
Mike McGrath
County Attorney
L & C County Courthouse
Helena, MT 59624
ED S: ----
MITH
CLE& LK OF THE SUPREME COURT
STATE OF MONTANA
I-. -
Deputy