In Interest of Daugherty

332 N.W.2d 217, 1983 N.D. LEXIS 276
CourtNorth Dakota Supreme Court
DecidedMarch 30, 1983
DocketCiv. 10416
StatusPublished
Cited by14 cases

This text of 332 N.W.2d 217 (In Interest of Daugherty) 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
In Interest of Daugherty, 332 N.W.2d 217, 1983 N.D. LEXIS 276 (N.D. 1983).

Opinions

PAULSON, Justice.

Debra Daugherty [Debra] appeals from an order of the Stutsman County Court dated February 9, 1983, requiring that she be hospitalized and treated at the North Dakota State Hospital for a period of not to exceed ninety days. We affirm.

Prior to her present commitment, Debra was attending therapy sessions at the North Central Human Service Center in Minot. The evidence reflects that during the course of her treatment there, she exhibited extensive signs of suicidal behavior. On one occasion she threatened to jump out of a window to end her life. She also made numerous threats and attempts to end her life by taking overdoses of aspirin. On New Year’s Eve, December 31, 1982, Debra was observed walking in and out of the traffic on the Burdick Expressway in Minot, where she stopped at least one motorist and asked him to run over her.

During this period of time other aspects of Debra’s behavior caused considerable concern to the staff of the Center who supervised her treatment there. On several occasions she would lie down in a snowbank or on ice in the parking lot at the Human Service Center, in an attempt to convince people that she had fallen. She also visited a hospital emergency room on several occasions, trying to get medical treatment when she was not in need of medical treatment. She had also become “quite disruptive” during outpatient treatment activities held at the Human Service Center.

As a result of her conduct, Debra was committed to the North Dakota State Hospital on a preliminary basis by the Ward County Court on January 4, 1983. She signed voluntary commitment papers on the following day. Debra remained under treatment at the State Hospital, but, on February 1, 1983, she executed a written request for release. Michael Schmidt, a licensed clinical psychologist at the State Hospital, proceeded to file in Stutsman County Court a petition for her involuntary commitment on February 2, 1983. Debra, Schmidt, and Jack Mattson, partial care supervisor and Debra’s case manager at the North Central Human Service Center in Minot, testified at such hearing.

At the close of the testimony, the county court found that Debra was mentally ill and was a person requiring treatment, and ordered that she be hospitalized at the State Hospital for treatment for a period of not more than ninety days. On March 11, 1983, within the 30-day time limit required by § 25-03.1-29 of the North Dakota Century Code, Debra decided to exercise her right to appeal from the county court’s order and the notice of appeal was filed accordingly.

Debra basically raises two issues in the instant case: (1) whether or not the trial court erred in finding that she is a person in need of treatment; and (2) assuming she is a person in need of treatment, whether or not the trial court erred in ordering that she be committed to the State Hospital rather than ordering that she submit to less restrictive alternative treatment.

I

In Dayap v. Kupperion, 331 N.W.2d 22, 26 (N.D.1983), our court recently stated:

“In involuntary commitment proceedings, the evidence must establish that the individual involved is a person requiring treatment. § 25-03.1-07, N.D.C.C. The burden of proof in these proceedings lies with the petitioner, and there is a presumption in favor of the respondent that he or she does not require such treat[219]*219ment. § 25-03.1-19, N.D.C.C. Furthermore, in order for an involuntary commitment petition to be granted, it must be sustained by evidence which is clear and convincing. § 25-03.1-19, N.D.C.C.; Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979).”

Section 25-03.1-02(11), N.D.C.C., defines a “person requiring treatment” as follows:

“11. ‘Person requiring treatment’ means either a person:
“a. Who is severely mentally ill; or
,“b. Who is mentally ill, an alcoholic, or drug addict, and there is a reasonable expectation that if the person is not hospitalized there exists a serious risk of harm to himself, others or property. ‘Serious risk of harm’ means a substantial likelihood of
“(1) Suicide as manifested by suicidal threats, attempts, or significant depression relevant to suicidal potential; or
“(2) Killing or inflicting serious bodily harm on another person, inflicting significant property damage, as manifested by acts or threats; or
“(3) Substantial deterioration in physical health, or substantial injury, disease, or death resulting from poor self-control or judgment in providing one’s shelter, nutrition, or personal care.”

A trial court’s determination of whether or not there is clear and convincing evidence that a respondent is a person in need of treatment is a finding of fact which this court will not disturb on appeal unless it is clearly erroneous under Rule 52(a) of the North Dakota Rules of Civil Procedure. Miller v. Rambousek, 331 N.W.2d 548 (N.D.1983); Dayap v. Kupperion, 331 N.W. 2d 22 (N.D.1983).

The trial court found in a preprinted form, whereby checkmarks were placed beside applicable statements, that Debra is mentally ill and there is a substantial likelihood of “suicide as manifested by suicidal threats, attempts, or significant depression relevant to suicidal potential”. No written findings were entered which show the underlying basis upon which the trial court determined that Debra is a person in need of treatment. We have recently expressed our disapproval of preprinted forms similar to the type used in the present case because their use “places severe restrictions on the court’s opportunity to customize and particularize its findings and conclusions to each individual case”. Miller v. Rombousek, 331 N.W.2d 548, 549 (N.D.1983). We once again condemn this practice and repeat our statement in Rombousek, supra, that in order to facilitate a meaningful appellate review in these cases, the trial court in the future should enter “full and specific findings showing the underlying basis upon which the court has reached its determination as to whether or not the respondent is a person requiring treatment under Chapter 25-03.1, N.D.C. C.”.

The record of the involuntary commitment hearing reveals that Mattson and Schmidt testified in support of the petition, while Debra testified in her own behalf. Mattson testified about the incidents which had occurred in Minot prior to Debra’s most recent hospitalization, but he admitted that he had not seen her since the date of her admission to the State Hospital.

Schmidt, a clinical psychologist at the State Hospital who had interviewed Debra during her present admission, testified that she “presently carries a diagnosis of schizophrenia, undifferentiated type, chronic, with acute exacerbations and borderline intellectual functioning”. He explained the diagnosis as follows:

‘Borderline intellectual functioning’ is a category of intelligence between normal and mental retardation; it’s on the borderline.

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In Interest of Daugherty
332 N.W.2d 217 (North Dakota Supreme Court, 1983)

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Bluebook (online)
332 N.W.2d 217, 1983 N.D. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-daugherty-nd-1983.