In Re Cah

2010 ND 131, 785 N.W.2d 253, 2010 WL 2756943
CourtNorth Dakota Supreme Court
DecidedJuly 13, 2010
Docket20100162
StatusPublished

This text of 2010 ND 131 (In Re Cah) 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 Re Cah, 2010 ND 131, 785 N.W.2d 253, 2010 WL 2756943 (N.D. 2010).

Opinion

785 N.W.2d 253 (2010)
2010 ND 131

In the Interest of C.A.H.
North Dakota State Hospital, Petitioner and Appellee
v.
C.A.H., Respondent and Appellant.

No. 20100162.

Supreme Court of North Dakota.

July 13, 2010.

*255 Haley L. Wamstad (argued), Assistant State's Attorney, and Sean B. Kasson (on brief), appearing under the Rule on the Limited Practice of Law by Law Students, Grand Forks, ND, for petitioner and appellee.

Lawrence P. Kropp (argued), Jamestown, ND, for respondent and appellant.

KAPSNER, Justice.

[¶ 1] C.H. appeals a district court order for hospitalization and treatment and an order to treat with medication. We hold the district court's findings that C.H. is a person requiring treatment and involuntary hospitalization is the least restrictive form of appropriate treatment are not clearly erroneous, and the district court did not err by ordering involuntary treatment with medication. We affirm the district court orders.

I.

[¶ 2] C.H. is a 38-year-old male. On February 8, 2010, C.H.'s sister filed a petition under oath with the district court for C.H.'s involuntary commitment. The petition claimed C.H. was mentally ill and, as a result, there was a reasonable expectation of a serious risk of harm if he did not receive treatment. C.H.'s sister also included a letter as part of the sworn petition, which stated in part:

My biggest fear is that [C.H.] is going to cause harm to my family. Comments such as "your children should not have to live in this terrible world and deal with all the bad stuff" and "I wish Dad *256 was not around", scare me to the core. My brother [D.H.] would not make a statement due to his fear of [C.H.] from an incident in which [D.H.] was physically hurt.
. . . .
I am scared for my husband, children, parents, and myself. I am scared of [C.H.] stopping by our home again, because I am scared to ask him to leave. We are fearful of [C.H.]. . . . I am very scared of what he is physically capable of doing. I do not want any of my family members hurt, or dead.

The district court held a preliminary hearing on February 18, 2010. The district court found there was probable cause to believe C.H. is a person requiring treatment and ordered C.H. undergo involuntary treatment at the North Dakota State Hospital for up to fourteen days.

[¶ 3] The district court held a treatment and medication hearing on April 28, 2010. Dr. William Pryatel, a psychiatrist at the state hospital, testified he had personally treated C.H. since his most recent commitment in February, as well as during several previous commitments. Pryatel stated C.H. suffers from "Schizoaffective Disorder Bipolar Type" and an associated personality disorder. Pryatel testified C.H. had been treated at the state hospital on approximately six previous occasions, with the same pattern of behavior often repeating. Pryatel stated the general pattern involves C.H. "getting off the medication, becoming manic, then getting to the attention of the authorities somehow or the other and then being sent here to the State Hospital." Since being committed in February 2010, Pryatel testified C.H.'s behavior included "delusional speech . . . pressured speech, elevated mood, agitation, [and] irritability."

[¶ 4] Pryatel stated C.H. poses a risk of harm to others because "on the outside his family is all afraid of him. . . . They've made statements that are on the chart here about his behavior in the community. . . and they feel threatened by him." Pryatel testified C.H. also made a threatening statement to a state hospital staff member: "[C.H.] said quote that Navy bitch better watch out, when I get out I'll be looking for him and showing him what I can do." Pryatel stated C.H. has also pointed his finger towards staff members' noses and invaded their body space in a manner "that we would consider physically intimidating because he's a large man." Despite behavior he considers threatening, Pryatel acknowledged C.H. has not been physically violent since his most recent commitment.

[¶ 5] Pryatel testified there was a substantial risk of deterioration in C.H.'s physical health if the temporary order for hospitalization and treatment was not extended. Pryatel stated C.H. was not suffering from any physical ailments when he was committed to the state hospital in February 2010. However, Pryatel testified:

The way [C.H.] is right now I don't feel that he can live in a homeless shelter because his behavior is just too intense, too manicky that they would not be able to deal with him. . . . I don't feel he can be employable the way he is right now. So I don't really feel he can provide himself food, clothing and shelter in his current condition.

Pryatel also stated there is a substantial risk of deterioration in C.H.'s mental health because "one follows the other that the more the physical health is impaired the more the mental health will follow behind. . . ."

[¶ 6] Pryatel testified C.H. requires treatment with medication. Pryatel stated *257 the state hospital has offered medication to C.H., but he has refused. He testified medication would help C.H. become "less manic," no longer have "rambling disorganized speech," make "rational decisions," and generally improve his self-control. Pryatel stated medication has helped C.H. in the past: "There's no indication that [C.H.] would not respond to [medication] just fine at this time. He has gotten some. . . medication [during previous involuntary hospitalizations] at the State Hospital and for a period afterwards he's been more calm." Pryatel testified the proposed medications have "motor side effects which have to do with the voluntary musculature" and "metabolic side effects," such as weight gain and increased risk for diabetes, stroke, and heart attack. Pryatel stated no treatment other than hospitalization and medication was appropriate because C.H. is "just too manicky to be managed in the community," and he has "a history of poor medication compliance."

[¶ 7] Dr. Harjinder Virdee, a private practice psychiatrist, testified she performed an independent evaluation of C.H., which included a one-hour meeting with C.H. and a review of his state hospital records. Virdee testified C.H. suffers from "Schizoaffective Disorder Bipolar Type," as well as "Antisocial Personality traits." Virdee stated C.H.'s mental illness was "[s]ufficiently severe . . . to necessitate hospitalization to prevent harm to self or others or other psychotic features." Virdee testified C.H. would have difficulty taking care of his physical needs because "the level of communicative difficulties that [C.H. is] having would interfere with a meaningful employment or taking care of himself." Virdee also testified C.H. presents a danger to himself and others because he has a history of driving offenses, and "one of the things that happens in manic state, the person starts to feel over confident and drive very fast. And when they drive very fast they endanger themselves and others." Virdee noted documentation from C.H.'s family members indicates they feel threatened by him as well.

[¶ 8] Without treatment, Virdee testified C.H.'s mental health would likely deteriorate because C.H. "was not able to judge for himself that his thought processes were off. . .

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North Dakota State Hospital v. C.A.H.
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Cite This Page — Counsel Stack

Bluebook (online)
2010 ND 131, 785 N.W.2d 253, 2010 WL 2756943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cah-nd-2010.