DeDona v. E.S. (In Re Interest of E.S.)

2019 ND 12, 921 N.W.2d 408
CourtNorth Dakota Supreme Court
DecidedJanuary 15, 2019
Docket20180426
StatusPublished
Cited by2 cases

This text of 2019 ND 12 (DeDona v. E.S. (In Re Interest of E.S.)) 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
DeDona v. E.S. (In Re Interest of E.S.), 2019 ND 12, 921 N.W.2d 408 (N.D. 2019).

Opinion

McEvers, Justice.

*409 [¶1] E.S. appeals from an order requiring involuntary treatment in which the district court found him to be mentally ill and a person requiring treatment. We affirm.

I

[¶2] In October 2018, Dr. Katrina DeDona submitted an application for emergency admission for E.S. to be admitted to the North Dakota State Hospital after being paroled from James River Correctional Center for a charge of terrorizing. The application alleged E.S. was often agitated, preoccupied with a belief that there was a conspiracy against him, and, as a result, unable to participate in his own treatment and discharge planning. A petition for involuntary commitment was filed, claiming E.S. was mentally ill and there was a reasonable expectation of serious risk of harm if he was not treated. E.S. requested and was appointed an independent examiner, Dr. Naveed Haider.

[¶3] At the treatment hearing, the district court heard testimony from four witnesses regarding E.S.'s mental state and corresponding treatment efforts. Three witnesses, qualified as experts, were called by the petitioner: Dr. Naveed Haider, Dr. William Pryatel, and Dr. Katrina DeDona. E.S. testified on his own behalf.

[¶4] Dr. Haider testified that after examining E.S., he assigned him a psychiatric diagnosis of delusional disorder, incorporating his findings in a psychiatric evaluation entered into the record. Dr. Haider testified he believed E.S. was in need of treatment and was a danger to himself, others, or property.

[¶5] After examining and observing E.S. several times, Dr. Pryatel diagnosed E.S. with delusional disorder, persecutory type. Dr. Pryatel also testified that a less restrictive setting, like Centre, Inc., would be suitable for E.S.

[¶6] Dr. DeDona testified that early in his admission, E.S. was agitated, irritable, and verbally aggressive and since taking his medications, those behaviors have decreased. She testified that, if released into the community without the support of a structured setting and medication, she expected to see an increase in his agitation and verbal aggression and others would view him as threatening due to his tendency to focus on delusional beliefs. She was concerned he would deteriorate and pose a risk to himself or others.

[¶7] E.S. testified it was impossible for the expert witnesses to prove he has a delusional disorder. He claimed he was not a danger to himself or others. He argued on the merits of three underlying cases, expressing a desire to call witnesses and maintaining his innocence in all three cases.

[¶8] At the conclusion of the treatment hearing, the district court issued its order on the record, finding clear and convincing evidence establishing E.S. was mentally ill and a person requiring treatment. The court ordered E.S. be hospitalized for a period not to exceed 90 days, ending February 11, 2019.

II

[¶9] On appeal, E.S. argues the district court's order was not supported by clear and convincing evidence to show he was mentally ill and a person requiring treatment. In Interest of B.A.K. , we articulated our longstanding standard for reviewing *410 appeals from mental health hearings:

Our review of an appeal under N.D.C.C. ch. 25-03.1 is limited to a review of the procedures, findings, and conclusions of the trial court. We review the findings of the district court under the more probing clearly erroneous standard of review. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, although there is some evidence to support it, on the entire evidence this Court is left with a definite and firm conviction it is not supported by clear and convincing evidence.
Interest of B.L.S. , 2006 ND 218 , ¶ 10, 723 N.W.2d 395 .
Only a person requiring treatment may be involuntarily admitted to a treatment facility. N.D.C.C. § 25-03.1-07. In a proceeding under N.D.C.C. ch. 25-03.1, the respondent is presumed not to require treatment. A person requiring treatment is one who is mentally ill or a person who is chemically dependent, and there is a reasonable expectation that if the individual is not treated for the mental illness or chemical dependency there exists a serious risk of harm to that individual, others, or property. N.D.C.C. § 25-03.1-02(13). "Mentally ill person" or "person who is mentally ill" means an individual with an organic, mental, or emotional disorder that substantially impairs the capacity to use self-control, judgment, and discretion in the conduct of personal affairs and social relations. N.D.C.C. § 25-03.1-02(12). A serious risk of harm means the substantial likelihood of:
a. Suicide ....
b. Killing or inflicting serious bodily harm on another individual or inflicting significant property damage, as manifested by acts or threats;
c. 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 individual, others, or property, based upon evidence of objective facts to establish the loss of cognitive or volitional control over the individual's thoughts or actions or based upon acts, threats, or patterns in the individual's treatment history, current condition, and other relevant factors, including the effect of the individual's mental condition on the individual's ability to consent.
N.D.C.C.§ 25-03.1-02(20).

2018 ND 139 , ¶¶ 6-7, 911 N.W.2d 882 (internal citations and quotations omitted). "When one or more reasonable inferences can be drawn from credible evidence, this Court must accept the inferences drawn by the district court." In re D.P. , 2001 ND 203 , ¶ 9, 636 N.W.2d 921 (citation omitted).

A

[¶10] E.S. claims there was not clear and convincing evidence he is mentally ill because Dr. Pryatel's testimony that he suffers from a delusional disorder, persecutory type, and Dr. Haider's testimony that he has fixed delusions about people conspiring against him are insufficient to support a finding of mental illness.

[¶11] Dr. DeDona and Dr. Pryatel both filled out reports, submitted in evidence, finding E.S. mentally ill. Dr.

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

Related

Interest of E.S.
2019 ND 12 (North Dakota Supreme Court, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2019 ND 12, 921 N.W.2d 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dedona-v-es-in-re-interest-of-es-nd-2019.