In re Chiumento

688 A.2d 217, 455 Pa. Super. 376
CourtSuperior Court of Pennsylvania
DecidedJanuary 21, 1997
StatusPublished
Cited by11 cases

This text of 688 A.2d 217 (In re Chiumento) is published on Counsel Stack Legal Research, covering Superior 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 Chiumento, 688 A.2d 217, 455 Pa. Super. 376 (Pa. Ct. App. 1997).

Opinion

KELLY, Judge:

In this appeal, we are called upon to determine whether the specific due process protections provided to a person under the Mental Health Procedures Act1 have been abrogated where that person had been admitted to a hospital for involuntary emergency psychiatric examination and treatment pursuant to 50 P.S. § 7302 and where certification for extended involuntary emergency treatment, pursuant to 50 P.S. § 7303, was not filed, nor was the person discharged, within one hundred, twenty hours of the original admission for psychiatric examination and treatment. Because the specific procedural protections and mandates delineated in the Act were not followed, we hold that the appellant’s involuntary commitment was improper and that the outcome of the hearing on the Section 7303 petition should have been the automatic discharge of the appellant. Accordingly, we vacate the February 12, 1996 order, which denied the appellant’s application for writ of habeas corpus; vacate the February 16, 1996 order, which denied the appellant’s petition for review of his involuntary civil commitment and his request for expungement of all record pertaining to such commitment; and remand to the trial court with directions.

The relevant facts and procedural background of this appeal are as follows. The appellant, Anthony Chiumento, who had a history of psychiatric problems and had been under the care of a psychiatrist in San Diego, California where he resided, came to Pennsylvania presumably to visit with members of his family who lived in Jeanette, Pennsylvania. The appellant flew into Pittsburgh, where he stayed the night at the Pittsburgh Hilton Hotel. The following night, the appellant stayed at the Priory Hotel in Pittsburgh but began to have some difficulty functioning. His family was summoned and they persuaded him to go to the emergency room at Allegheny General Hospital. Allegheny General Hospital subsequently released the appellant but his family, possibly assuming that he would be admitted to the hospital, had collected his belongings from the Priory Hotel and had taken them back home to Jeanette. Having no money and no clothing, the appellant stayed the night at the Light of Life Mission.

Early on the morning of February 2,1996, the appellant hired a taxicab to drive him to Jeanette, Pennsylvania, arriving there between approximately one-thirty and two-thirty A.M. When he arrived in Jeanette, the appellant, believing that a limousine was being sent from the Hilton Hotel to drive him and several family members to Punxsutaw-ney, Pennsylvania to see that most famous of vernal-prognosticating groundhogs, Punx-sutawney Phil, was dismayed to find that no limousine had appeared. Because no limousine had arrived, the appellant, in an increasingly agitated state, began knocking on various front doors in his relatives’ neighborhood, possibly looking for somewhere to stay the night. His sister, Joanne, approached him to try to calm him down. He grabbed her by the arms and pushed her away. The Jeanette police were summoned and escorted the appellant to the station house, where he was placed in a holding cell. While [219]*219there, the appellant broke a plexiglass window, employed a piece of the plexiglass to cut his finger and then wrote on the holding cell wall in blood. The appellant washed his face repeatedly in the holding cell toilet, stating that he wanted to look good for the television camera. The appellant also repeatedly addressed “little Japanese people.” He clogged the toilet, flooding the area and then began scrubbing the cell floor, later claiming to have been performing environmental re-engineering. The Jeanette police deduced that the appellant had some mental problems and escorted him to Westmoreland Regional Hospital, where he was admitted for psychiatric evaluation at 8:00 A.M. on February 2,1996.

Following an evaluation of the appellant, Dr. Donald P. Breneman prepared a petition for extended involuntary emergency treatment pursuant to 50 P.S. § 7308. Mr. Will Frye, an employee in the office of the West-moreland County Director of Mental Health/Mental Retardation, was contacted by the hospital and, as was the usual and customary practice in the county, he picked up this petition on Tuesday, February 6, 1996, together with any others that had been prepared since his last visit. The petition was then filed with the Court of Common Pleas. In Westmoreland County, hearings on petitions filed pursuant to 50 P.S. § 7303 are held on Wednesdays. The appellant’s hearing was scheduled for Wednesday, February 7, 1996, at 9:00 AM., but did not actually commence until approximately 10:00 A.M. As a result of that hearing, the Mental Health Review Officer, John Mika, issued a verbal certification for extended involuntary emergency treatment. At all times, the appellant was informed of what was taking place on his behalf. Following the hearing, on February 9,1996, the appellant’s attorney, Gary F. Selway, Esquire, filed an application for writ of habeas carpus. The Honorable Bernard F. Scherer presided over a hearing on February 9, 1996, on the habeas corpus which he denied. On February 12,1996, the appellant filed a petition for review of his commitment pursuant to 50 P.S. § 7303. The Honorable Gilfert M. Mihalieh heard argument on February 14, 1996. Certification for extended involuntary emergency treatment was finally filed the same day. On February 16, 1996, Judge Mihalieh denied the appellant’s petition and sustained the findings of the Mental Health Review Officer. This timely appeal followed.

On appeal, the appellant presents the following issues for our review:

I. DOES THE COURT HAVE JURISDICTION OVER A MENTAL HEALTH PATIENT WHO HAS NOT BEEN PERSONALLY SERVED WITH ANY LEGAL PAPERS RELATING TO HIS JUDICIALLY AUTHORIZED INVOLUNTARY HOSPITAL COMMITMENT?
II. DOES THE NEED FOR TREATMENT OF A MENTAL HEALTH PATIENT SUPERSEDE COMPLIANCE WITH THE LIBERTY PROTECTING DUE PROCESS REQUIREMENTS OF THE MENTAL HEALTH PROCEDURES ACT?
III. IS A WRIT OF HABEAS CORPUS AN EQUITABLE REMEDY WHICH REQUIRES THE COURT TO CONDUCT A BALANCING TEST OF DUE PROCESS VIOLATIONS VERSUS A PATIENT’S NEED TO BE TREATED AND THE POTENTIAL DANGER TO HIMSELF OF RELEASING THE PATIENT?
IV. IS SECTION 7303(d) OF THE MENTAL HEALTH PROCEDURES ACT, WHICH REQUIRES A WRITTEN CERTIFICATION FOR EXTENDED INVOLUNTARY TREATMENT TO BE FILED WITH THE COURT AND SERVED ON COUNSEL AND THE PATIENT, TO BE STRICTLY COMPLIED WITH?

(The Appellant’s Brief at 3).

Preliminarily we note that although the commitment period authorized by the section 7303 hearing in question has long since expired, a live controversy still exists

“because involuntary commitment affects an important liberty interest, and because by their nature most involuntary commit-[220]*220raent orders expire before appellate review is possible.” Commonwealth v. Ida Baker [Blaker], 293 Pa.Super. 391 n. 1, 446 A.2d 976, 977 n. 1 (1981). Furthermore, “were we to dismiss such appeals as moot, the challenged procedure could continue yet its propriety would evade our review.” In re Ann S., 279 Pa.Super. 618, 621 n. 2, 421 A.2d 370, 372 n. 2 (1980). See also In re S.C., 280 Pa.Super. 539, 421 A.2d 853 (1980); Commonwealth ex rel.

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Bluebook (online)
688 A.2d 217, 455 Pa. Super. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chiumento-pasuperct-1997.