In Re Bishop

717 A.2d 1114, 1998 Pa. Commw. LEXIS 707
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 17, 1998
StatusPublished
Cited by5 cases

This text of 717 A.2d 1114 (In Re Bishop) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Bishop, 717 A.2d 1114, 1998 Pa. Commw. LEXIS 707 (Pa. Ct. App. 1998).

Opinions

COLINS, President Judge.

The Pennsylvania Department of Public Welfare (DPW) and Mayview State Hospital (Mayview) appeal from the orders of the Court of Common Pleas of Allegheny County joining them as indispensable parties in the commitment of Bobbie Jean Bishop, directing Mayview to admit Bishop or face contempt proceedings, and directing that Bishop be transported to Mayview.

On August 21, 1997 the court of common pleas ordered that Bishop be committed involuntarily to Mayview for a period of 180 days pursuant to Section 305 of the Mental Health Procedures Act (MHPA).1 As of that date, Bishop was just a few months short of her 18 th birthday. In attendance at the commitment hearing were Bishop and her counsel, Allegheny County mental health authorities, and Dr. Burton Singer,2 Bishop’s treating psychiatrist at St. Francis Medical Center. The court ordered Bishop’s commitment to Mayview based on the recommendation of her treating psychiatrist and based on Bishop’s willingness to be committed at May-view. Although the court was aware of, and considered, DPW and Mayview’s policy against admitting patients under the age of 18, the judge ordered commitment to Mayview for adult treatment in view of Bishop’s history of treatment at that hospital and her approaching 18th birthday.

In violation of the court’s commitment order, Mayview refused to admit Bishop for treatment and arranged for her transportation to Southwood Psychiatric Hospital. Mayview’s violation of the commitment order prompted a series of hearings in connection with Bishop’s involuntary commitment at which Mayview and DPW asserted that they were not parties to the proceeding, were not subject to the court’s jurisdiction, and could not be compelled to admit a patient for court-ordered involuntary treatment. On September 17, 1997, the trial court joined DPW and Mayview as indispensable party defendants and ordered Bishop transferred to Mayview. DPW and Mayview immediately filed their notice of appeal.

On appeal, DPW and Mayview raise the following issues: 1) whether the MHPA gives a court of common pleas jurisdiction to compel a state mental hospital to admit a patient when the hospital has determined that the patient is “inappropriate for treatment”; and 2) - whether the MHPA gives a court of common pleas jurisdiction to join DPW, a Commonwealth agency, and May-view, a state mental hospital, as indispensable parties in a commitment proceeding. The parties concede that these questions, as they relate to Bishop, are moot; however, the Court has discretion to decide substantial questions, otherwise moot, that are capable of repetition unless settled. Colonial Gardens Nursing Home, Inc. v. Bachman, 473 Pa. 56, 373 A.2d 748 (1977).

The Mental Health and Mental Retardation Act of 1966 (MH/MR Act)3 and the MHPA govern county mental health programs and procedures for commitment of mentally ill persons. The MH/MR Act confers upon DPW the power and duty to assure the availability of mental health services; to make and enforce regulations; to assist coun[1117]*1117ties in carrying out their mental health programs; to operate state mental health facilities; to supervise mental health facilities, services, and programs; in addition to some other administrative and financial functions. Section 201, 50 P.S. § 4201. DPW operates all state facilities and assigns their functions. Section 202 of the MH/MR Act, 50 P.S. § 4202.

Local authorities4 establish county mental health programs under the MH/MR Act and appoint county administrators. Sections 202 and 304, 50 P.S. § 4202 and § 4304. Among the duties of the county administrator is to designate facilities to provide mental health services within catchment areas5 under his or her jurisdiction and to designate which facilities are available for involuntary treatment. 55 Pa.Code §§ 4200.32(12), 5100.12(f). The administrator designates appropriate facilities to which a court may commit patients either by way of a blanket notification or on an ad hoc basis. 55 Pa.Code § 4210.12. The administrator arranges for all professional and nonprofessional staff necessary to providing all mental health services, 55 Pa.Code § 4210.21, and that staff is responsible for developing and carrying out a comprehensive treatment program, coordinating patient services, and maintaining continuous liaison with state facilities. 55 Pa.Code § 4210.22.

Articles II and III of the MHPA confer jurisdiction on the courts of common pleas over voluntary and involuntary commitments. Sections 201 to 306, 50 P.S. §§ 7201-7306. Court-ordered involuntary commitment is made to the facility designated by the county administrator, with input from the patient’s treating physicians and other members of the treatment team. 55 Pa.Code §§ 5100.86(h), 5100.87-.89. By virtue of this statutory jurisdiction over court-ordered commitments, the courts of common pleas also have jurisdiction to order commitment to any approved facility designated within a given service area; by its participation in the county mental health program, a mental health facility is subject to the terms of the MH/MR Act and MHPA for the purposes of receiving and treating court-committed patients. Under the terms of these statutes, when a court orders treatment at a designated state mental hospital, the designated facility must admit the patient for treatment; at that time, the facility is without recourse to deny admission.

The MH/MR Act and the MHPA contain ample provisions for coordination of services between DPW and the county administrator as to the approval of facilities and their functions, and for coordination among the county administrator, county mental health authorities, and the approved facilities designated to provide treatment within a service area as to admissions policies and patient-appropriate treatment. Although DPW may designate a state mental hospital’s functions — and in the case of Mayview, terminate its adolescent treatment program — it has no authority under either statute to designate the facility for a court-ordered commitment or to override, case by case, a designation of treating facility made by the county authorities and the patient’s treating psychiatrist. When the director of a facility or a member of its professional staff determines for clinical reasons that admission, or continued treatment, of a patient is not appropriate, the patient may be transferred according to the strict procedures set forth in the MHPA and the regulations.6 Disputes between the county administrator and DPW or a hospital director as to facility designations should be resolved among those parties; a facility cannot simply refuse to admit a court-committed patient.

[1118]*1118In this case, common pleas was within its jurisdiction to order that Bishop be committed to Mayview based on the recommendations of county authorities and Bishop’s treating psychiatrist. The court and the mental health professionals in attendance at the proceeding acknowledged Mayview’s lack of a treatment program for adolescents, but the court agreed to order commitment to Mayview based on their professional recommendation, and given Bishop’s state of mind, her treatment history at Mayview, and the fact that she did not need an adolescent program.

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In Re Bishop
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Cite This Page — Counsel Stack

Bluebook (online)
717 A.2d 1114, 1998 Pa. Commw. LEXIS 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bishop-pacommwct-1998.