Beane v. S.R.B.

2013 ND 75, 830 N.W.2d 565, 2013 WL 1960751, 2013 N.D. LEXIS 76
CourtNorth Dakota Supreme Court
DecidedMay 14, 2013
DocketNo. 20130112
StatusPublished
Cited by3 cases

This text of 2013 ND 75 (Beane v. S.R.B.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beane v. S.R.B., 2013 ND 75, 830 N.W.2d 565, 2013 WL 1960751, 2013 N.D. LEXIS 76 (N.D. 2013).

Opinion

MARING, Justice.

[¶ 1] S.R.B. appeals the trial court’s order for hospitalization and treatment at the North Dakota State Hospital for ninety days and its order requiring use of prescribed medication. We conclude insufficient findings appear in the record to support the trial court’s orders. We remand with instructions for expedited entry of findings for the order for hospitalization and treatment, reverse the order requiring use of prescribed medication, and retain jurisdiction under N.D.R.App.P. 35(a)(3).

I

.[¶ 2] On February 28, 2013, S.R.B.’s father filed a petition for involuntary commitment of S.R.B. The petition alleged S.R.B. was mentally ill and there was a reasonable expectation of a serious risk of harm if S.R.B. was not treated. The petition alleged that S.R.B. called a nearby school looking for his daughter, wife, and lover, of which he has none. The petition also alleged S.R.B.’s neighbor saw S.R.B. “walking around [his] house this morning with nothing on but his underwear shorts.” The petitioner requested emergency treatment, alleging S.R.B. was not taking his medication.

[¶ 3] The trial court ordered emergency treatment and committed S.R.B. to Sanford Health, Bismarck, North Dakota. On March 8, 2013, a preliminary hearing was held. At the preliminary hearing, the trial court ordered S.R.B. be treated at Sanford Health for a period not to exceed fourteen days.

[¶ 4] On March 21, 2013, a hearing for the hospitalization and treatment of S.R.B. was held. At the treatment hearing, Dr. Sacheen Shrestha, S.R.B.’s treating psychiatrist, testified that S.R.B. suffers from schizophrenia undifferentiated type and opined that S.R.B. has a substantial likeli[567]*567hood of substantial deterioration in his mental health due to his failure to take antipsychotic medication.

[¶ 5] At the conclusion of the hearing, the trial court issued its findings of fact and conclusions of law on the record:

It shall be the order of this Court that I have found there has been clear and convincing evidence as represented by the doctor that [S.R.B.] is a mentally ill person, that there is substantial likelihood of a substantial deterioration in his health and well-being, and the clear possibility of harm to himself and the possibility of harm to others based upon his mental illness. The Court would in that case order and find that the treatment is required. It’s not a “may” treatment. It is required treatment for [S.R.B.]. And the Court will issue an order for a 90-day treatment order against [S.R.B.], I presume, to be treated at the North Dakota State Hospital.

On March 21, 2013, the trial court issued its order for hospitalization and treatment stating: “The Court' has considered evidence presented to it, along with pertinent medical information and concludes that the Respondent is a person requiring hospitalization for mental illness.” The trial court ordered S.R.B. to be treated at the North Dakota State Hospital for ninety days.

[¶ 6] On April 12, 2013, Dr. William Pryatel, a psychiatrist at the State Hospital, filed a request that the court authorize treatment of S.R.B. with prescribed medication and certified that S.R.B. refused to take his medication. On April 16, 2013, in an ex parte order, the trial court granted the request and ordered the use of psychotropic medication for S.R.B.

[¶ 7] S.R.B. filed two separate notices of appeal from the March .23, 2013, and April 16, 2013, orders.

II

[¶ 8] S.R.B. argues the trial court erred in failing to make findings of fact specially as required by N.D.R.Civ.P. 52(a)(1).

[¶ 9] On appeal from an order for hospitalization and treatment, we review the procedures, findings, and conclusions of the trial court. Interest of J.S., 2001 ND 10, ¶ 4, 621 N.W.2d 582 (citing N.D.C.C. § 25-03.1-29). “A trial court’s findings are subject to a more probing clearly erroneous standard of review.” Id. (quotations omitted). A finding is clearly erroneous if it is induced by an erroneous view of the law, it is not supported by the evidence, or this Court is left with a definite and firm conviction a mistake has been made. In re D.Z., 2002 ND 132, ¶ 6, 649 N.W.2d 231.

[¶ 10] A trial court may grant a petitioner’s request for involuntary treatment if the petitioner proves by clear and convincing evidence the respondent is a person requiring treatment. Id.; N.D.C.C. §§ 25-03.1-02(12) and 25-03.1-19 “To prove that the respondent is á person requiring treatment, as defined under' N.D.C.C. § 25-03.1-02[ (12) ], the petitioner must prove by clear and convincing evidence the person is mentally ill and there is a reasonable expectation that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.” In re D.Z., at ¶ 6. Section 25-03.1-02(12), N.D.C.C., states:

“Serious risk of harm” means a substantial likelihood of:
a. Suicide, as manifested by. suicidal threats, attempts, or significant depression relevant to suicidal potential;
b. Killing or inflicting serious bodily harm on another person or inflicting significant property damage, as manifested by acts or threats;
[568]*568c. Substantial deterioration in physical health, or substantial injury, disease, or death, based upon recent poor self-control or judgment in providing one’s shelter, nutrition, or personal care; or
d. Substantial deterioration in mental health which would predictably result in dangerousness to that person, others, or property, based upon evidence of objective facts to establish the loss of cognitive or volitional control over the person’s thoughts or actions or based upon acts, threats, or patterns in the person’s treatment history, current condition, and other relevant factors.

[¶ 11] “It is obvious that this court must have ‘findings’ to review if we are to fulfill the requirements of this statute. The fact that [N.D.C.C. § 25-03.1-19] requires that the petition be denied unless it is sustained by ‘clear and convincing’ evidence, does not abolish the requirement that ‘findings’ be prepared.” Interest of Riedel, 353 N.W.2d 773, 775 (N.D.1984). “Rule 52(a), [N.D.R.Civ.P.], requires that trial courts ‘find the facts specially’ in every ‘action tried upon the facts without a jury.’ ” Riedel, 353 N.W.2d at 776. In Interest of R.A.S., 2008 ND 185, ¶ 8, 756 N.W.2d 771, we held:

“Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a), and a finding of fact that merely states a party has failed in or has sustained its burden of proof is inadequate under the rule.” Rothberg v. Rothberg, 2006 ND 65, ¶ 14, 711 N.W.2d 219. The court must specifically state the facts upon which its ultimate conclusion is based on. Id. The purpose of the rule is to “provide the appellate court with an understanding of the factual issues and the basis of the district court’s decision.” Clark v. Clark, 2005 ND 176, ¶ 8, 704 N.W.2d 847.... This Court cannot review a district court’s decision when the court does not provide any indication of the evidentiary and theoretical basis for its decision because we are left to speculate what evidence was considered and whether the law was properly applied. See Clark, at ¶¶ 9 and 13.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Balf-Soran v. L.B.
2015 ND 12 (North Dakota Supreme Court, 2015)
Interest of J.A.H.
2014 ND 196 (North Dakota Supreme Court, 2014)
Interest of S.R.B.
2013 ND 109 (North Dakota Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
2013 ND 75, 830 N.W.2d 565, 2013 WL 1960751, 2013 N.D. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beane-v-srb-nd-2013.