G.Q. v. Branam

917 N.E.2d 703, 2009 Ind. App. LEXIS 2527, 2009 WL 4250161
CourtIndiana Court of Appeals
DecidedNovember 30, 2009
Docket53A01-0905-CV-237
StatusPublished
Cited by11 cases

This text of 917 N.E.2d 703 (G.Q. v. Branam) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.Q. v. Branam, 917 N.E.2d 703, 2009 Ind. App. LEXIS 2527, 2009 WL 4250161 (Ind. Ct. App. 2009).

Opinion

*705 OPINION

MAY, Judge.

G.Q. appeals the trial court's order committing him to Bloomington Care Crisis Center and authorizing the facility to administer medications without his consent. We affirm.

FACTS AND PROCEDURAL HISTORY

On February 6, 2009, thirty-nine-year-old G.Q. was taken to Bloomington Hospital for psychiatric treatment. The Appel-lees, Caleb Branam and Bloomington Hospital and Healthcare System, subsequently filed a petition for involuntary commitment and forced medication of G.Q. The court held a hearing on February 17, 2009, and heard testimony from G.Q. and Dr. Carey Mayer, a staff psychiatrist for the Hospital.

Dr. Mayer testified G.Q. had been brought to the hospital following a dispute with his mother. Dr. Mayer understood that G.Q. was supposed to be taking an antipsychotic medication, but refused to because he believed his mother was poisoning it. He became aggressive and held his mother hostage for over two hours. His mother was frightened by his behavior and called the police to intervene.

G.Q. disagreed that he held his mother hostage and offered his own account of the incident. He testified the medicine he was supposed to be taking was a topical hydro-cortisone cream to treat shingles or some sort of rash. He believed his mother "may have been doing something with the medication," so he wanted to talk to her about it. (Id. at 20.) However, his mother became upset and called the police.

Dr. Mayer testified G.Q. "demonstrated symptoms of a marked paranoia," which could indicate G.Q. has schizophrenia; however, he did not know enough about the duration of G.Q.'s symptoms to make that diagnosis. (Tr. at 5.) Therefore, Dr. Mayer gave a diagnosis of psychotic disorder not otherwise specified.

In the past, G.Q.'s family has not been able to get him to comply with treatment. The family previously had attempted to have G.Q. involuntarily committed, but he would move from place to place to avoid commitment. Dr. Mayer was aware G.Q. had one previous involuntary commitment.

Dr. Mayer testified G.Q. demonstrated "various paranoid delusions." (Id.) G.Q. told Dr. Mayer he believed "there was a conspiracy of sorts surrounding him." (Fd. at 13.) GQ. thought people "would sit next to him and they would get into some kind of physical altercation either with him or ... with other people." (Id.) As a result, G.Q. called the FBI. so many times that F.B.I. employees told him to stop calling and harassing them. Dr. Mayer considered this "evidence of psychotic thinking." (Id. at 14.)

G.Q. also has delusions about "informatics," which Dr. Mayer described as follows:

... [OJne of the characteristies that can happen uh, particular to paranoid schizophrenics um, and he's evidence of that is that he feels that special messages are and communications are given through um, a various media, television, radio, billboards so that they um, disclose delusions of reference. They feel that things are referring specifically and giving messages to the individual not just the actual content that we would see. There was a special message.

(Id. at 14-15) (errors in original). G.Q. told Dr. Mayer he has a degree "in communication and so he feels that because of that he has special uh, abilities to hear the real messages being given over media." (Id. at 15.)

*706 Dr. Mayer relied in part on information given to him by others in drawing his conclusions about G.Q., but he also observed G.Q.'s agitated and paranoid behavior. There were times when Dr. Mayer felt physically threatened when he was working with G.Q. Dr. Mayer testified G.Q. is unable to "demarcate ... reality from his delusions and he's acting on them in an aggressive manner." (Id. at 7.)

Dr. Mayer felt involuntary commitment was appropriate because G.Q. believes he does not have psychiatric problems and does not need medication; therefore, it was unlikely at the time G.Q. would follow through outpatient care. G.Q. testified he believes he is mentally healthy and his thought processes are "a little bit more involved." (Id. at 21.) G.Q. was having trouble maintaining employment, and he acknowledged feeling some stress because he was unable to find work in his field. G.Q. has a masters degree in information and communication sciences, and Dr. Mayer thought he "could otherwise be a very productive member of society" if he received appropriate treatment. (Id. at 8.)

At the time of the hearing, G.Q. was taking Zyprexa and had shown improvement. Dr. Mayer believed G.Q. needed to be on antipsychotic medication to sustain that improvement. Dr. Mayer did not think G.Q. was ready to be discharged, but believed he could begin outpatient treatment within a week. Dr. Mayer felt a ninety-day commitment would be sufficient, and he was hopeful that within that time, G.Q. would "notice the improvements and have the increased insight and want to stay on [medication] because he sees the value to him." (Id. at 10.) Dr. Mayer's goal was to prevent further inpatient hospitalizations.

Dr. Mayer testified Zyprexa and Haldol Decanosate were both appropriate antipsy-choties for G.Q. He discussed the risks of the medications, but opined that the "benefits outweigh any risks by far for any of the antipsychotic medications." (Id. at 17.) Dr. Mayer wanted to use Haldol Decanoate because it can be injected and therefore is more practical when medication has to be forcibly administered. Haldol Decanoate also has "the huge advantage of being able to be [administered] once a month to insure the patient does get what ... his system needs to get back to normal." (Id.)

The trial court ordered that G.Q. be committed to the Bloomington Care Crisis Center for a period not to exceed ninety days. The court also gave Bloomington Care Crisis Center authority to administer Haldol Decanoate and Zyprexa with or without G.Q.'s consent.

DISCUSSION AND DECISION

G.Q. acknowledges this appeal is moot because he has been discharged from his involuntary commitment. Generally, we dismiss cases that are moot, but a moot case may be decided on its merits when it involves questions of great public interest that are likely to recur. Golub v. Giles, 814 N.E.2d 1034, 1036 n. 1 (Ind.Ct.App.2004), trans. denied. G.Q. asks us to decide his case based on this exception to the mootness doctrine, and the Appellees do not oppose this argument. See id. ("The question of how persons subject to involuntary commitment are treated by our trial courts is one of great importance to society.") Therefore, we will address the merits of his case. See id. (determining the proof necessary for involuntary commitment is an issue of great importance that is likely to recur).

In a commitment proceeding, the petitioner must prove by clear and convincing evidence: "(1) the individual is mentally ill and either dangerous or gravely disabled; and (2) detention or commitment of that *707 individual is appropriate." Ind.Code § 12-26-2-5(e). G.Q.

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Bluebook (online)
917 N.E.2d 703, 2009 Ind. App. LEXIS 2527, 2009 WL 4250161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gq-v-branam-indctapp-2009.