County of Hennepin v. Kolodrubetz

343 N.W.2d 650, 1984 Minn. LEXIS 1221
CourtSupreme Court of Minnesota
DecidedFebruary 3, 1984
DocketC4-83-680
StatusPublished
Cited by4 cases

This text of 343 N.W.2d 650 (County of Hennepin v. Kolodrubetz) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Hennepin v. Kolodrubetz, 343 N.W.2d 650, 1984 Minn. LEXIS 1221 (Mich. 1984).

Opinion

YETKA, Justice.

This case is before the court on the certification of an issue as important and doubtful by the Mental Health Division of the Hennepin County District Court. Henne-pin County brought a petition seeking the involuntary commitment of respondent Joanne Kolodrubetz on the ground that she is mentally ill as defined by Minn.Stat. § 253B.02, subd. 13. Ms. Kolodrubetz moved for dismissal of the petition for lack of jurisdiction on the basis that her mental illness does not pose a substantial likelihood of physical harm to herself as required by the statute for commitment. The district court has retained this motion under advisement pending certification to this court of the following question: “Can an American citizen, who is mentally ill but because of recent treatment is presently at no risk of physical harm, be denied liberty, in whole or in part, in order to compel continuation of the treatment? If so, for how long can liberty be denied and what sanctions can be imposed for disobedience of a court order to continue the treatment?”

There is no transcript of the commitment hearing in this case, but there is a Stipulation of Facts and Testimony by the parties, which is attached hereto and made a part of this opinion as Appendix I. The parties apparently either earlier or simultaneously entered into a stipulation of fact and evidence, less detailed, but agreeing that the question to be certified was “Whether Respondent’s psychiatric disorder currently poses a substantial likelihood of harm to herself within the meaning of Minn.Stat. 253B et al (1982) because she may cease undergoing voluntary treatment when given on an out-patient basis.” The Stipulation of Fact and Evidence is also attached hereto and made a part of this opinion as Appendix II.

The certified question is not properly presented to this court. Minn.R.Civ.P. 103.03(i) permits review of such questions only on appeal from an order denying a motion for summary judgment or a motion to dismiss for failure to state a claim upon which relief can be granted. Since the trial court has not yet ruled on appellant's motion to dismiss, we decline to render an opinion.

Even if we were inclined to entertain the request, we would be unable to *652 answer the certified and stipulated questions. The trial court is asking us whether this patient can be committed. She can, provided that the conditions of the Minnesota Commitment Act are satisfied. In this case, the trial court made no finding of mental illness by clear and convincing evidence, no finding that appellant poses a substantial likelihood of physical harm to herself or others, and no finding that there is no suitable alternative to commitment. These findings are required by Minn.Stat. § 253B.09, subd. 1 and § 253B.02, subd. 13 (1982). The absence of factual findings puts this case in a posture 'where there is nothing for us to review. Fact-finding in the first instance is not a function a reviewing court is designed to address. Consequently, it would be improper for us to express an opinion on whether appellant should be committed before the trial court makes the necessary findings of fact.

We, therefore, remand the case to the district court with instructions that it make specific findings on the following questions after it feels it has sufficient evidence to do so:

1. Whether anorexia nervosa is a verifiable mental illness under our statutes;

2. Whether the patient here is mentally ill under Minn.Stat. § 253B.02, subd. 13 (1982). While it appears that the parties may have stipulated to the fact that she is mentally ill, this is a matter for the court to decide.

3. If the patient is found mentally ill, whether there are suitable alternatives to the proposed commitment plan;

4. If there is found to be an alternative to actual commitment, the court should dictate such alternative treatment methods pursuant to Minn.Stat. § 253B.09, subd. 1 (1982).

Only when these questions have been duly and adequately answered by the trial court is an appeal to this court in the proper posture for disposition.

Remanded.

STIPULATION OF FACTS AND TESTIMONY

1. Respondent suffers from anorexia nervosa which is a major mental illness and a verifiable psychiatric disorder of perception as defined in Diagnostic and Statistical Manual III. This order grossly impairs her judgment by instances of faulty perception regarding her physical appearance.

2. A petition for involuntary commitment of Respondent was filed in the above-named Court on January 27, 1983.

3. At that time, Respondent was not in a life-threatening situation, had voluntarily admitted herself for treatment to the University of Minnesota Hospital facilities and had consented to remain until she reached the weight goal set forth by the hospital’s attending staff.

4. A Pre-Petition Screening Panel supported the January 27, 1983 Petition for Involuntary Commitment of Respondent.

5. The first examination, conducted February 1, 1983 pursuant to the January 27, 1983 Petition, did not support involuntary commitment finding that Respondent was not then presently dangerous to herself or others.

6. The January 27, 1983 Petition was dismissed without specific findings after a trial on the merits.

7. Respondent failed to follow through with outpatient treatment when discharged from the University of Minnesota Hospital facilities in February of 1983.

8. On March 29, 1983, Respondent again voluntarily admitted herself to the University of Minnesota Hospital facilities for treatment of her anorexic condition.

9. At the time of Respondent’s voluntary admission to the University of Minnesota Hospital on March 29, 1983, she was not in a life-threatening situation.

10. Since March 29, 1983, Respondent has consented to treatment at the University of Minnesota Hospital facilities until she reached the weight goals set by the Univer *653 sity of Minnesota Hospital’s attending staff.

11. A Pre-Petition Screening Report does not support involuntary treatment or commitment, but rather recommends continued voluntary treatment at the University of Minnesota Hospital facilities followed by outpatient treatment.

12. Respondent has never been involuntarily committed for treatment of her mental illness.

13. Respondent verbalizes that she is aware of the physical and emotional consequences of failure to comply with and continue with treatment.

14. Respondent has a history of at least fourteen (14) hospitalizations for treatment of anorexia nervosa made necessary because of her failure to comply with outpatient treatment programs arranged during prior hospitalizations.

15. Of the fourteen (14) admissions to the University of Minnesota Hospital, Respondent’s physical condition due to self starvation has been life-threatening in the majority of these admissions. Her weight has decreased to a low of 48 pounds.

16. According to medical testimony, Respondent’s self starvation has resulted in evidence of organ damage; furthermore, the potential for serious injury or death increases with each new period of self-starvation.

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Bluebook (online)
343 N.W.2d 650, 1984 Minn. LEXIS 1221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-hennepin-v-kolodrubetz-minn-1984.