In Re Detention of Mk

273 P.3d 1059, 2012 WL 1185961
CourtCourt of Appeals of Washington
DecidedApril 10, 2012
Docket41584-4-II
StatusPublished

This text of 273 P.3d 1059 (In Re Detention of Mk) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Detention of Mk, 273 P.3d 1059, 2012 WL 1185961 (Wash. Ct. App. 2012).

Opinion

273 P.3d 1059 (2012)

In the Matter of the DETENTION OF M.K., Respondent.

No. 41584-4-II.

Court of Appeals of Washington, Division 2.

April 10, 2012.

*1060 Lise Ellner, Attorney at Law, Vashon, WA, for Appellant.

Katy Anne Hatfield, Washington State Attorney General's Office, Robert Andrew Antanaitis, Attorney General of Washington, Olympia, WA, for Respondent.

PART PUBLISHED OPINION

VAN DEREN, J.

¶ 1 MK[1] appeals a trial court order involuntarily committing him to Western State Hospital (WSH) for up to 180 days of mental health treatment, asserting that substantial evidence does not support the determination that he is gravely disabled and the resulting commitment order. The State responds that MK's appeal is moot because the period of commitment under the challenged order has expired. Alternatively, the State responds that substantial evidence supported the trial court's involuntary commitment order. Because an involuntary commitment order has collateral consequences for future commitment determinations, we hold that MK's appeal is not moot. Additionally, because the trial court's sparse findings do not support the trial court's determination that MK is gravely disabled, we vacate the involuntary commitment order.

FACTS

¶ 2 After his arrest on September 18, 2009, for criminal trespass and obstructing a police officer, MK was involuntarily detained at WSH for a 14-day mental health evaluation and for involuntary mental health treatment under RCW 71.05.310 and .320. WSH staff determined that MK suffered from schizoaffective disorder bipolar type and that he exhibited antisocial personality traits. Following an interim 90-day commitment, on January 4, 2010, the superior court committed MK for 180 days of involuntary mental health treatment at WSH under RCW 71.05.320, concluding that MK met RCW 71.05.020(17)'s definition of "gravely disabled." Clerk's Papers (CP) at 35. MK stipulated to the trial court's January 4 involuntary commitment order.

¶ 3 On June 14, 2010, WSH staff members Gregory Kramer, PhD, and Lanna Moore-Duncan, MD, filed a petition to involuntarily commit MK for an additional 180 days under chapter 71.05 RCW. On August 4, 2010, WSH staff members Joseph Wainer, MD, and Walter Tunstall, PhD, filed an amended petition to involuntarily commit MK for 180 days under the same statute. The June 14 and August 4 petitions alleged that MK was gravely disabled and that, as a result of his mental disorder, he continued to present a likelihood of serious harm. The petitions further alleged that "no less restrictive alternatives to detention" were in MK's best interests because he "require[d] intensive, supervised 24-hour restrictive care." CP at 38, 48.

¶ 4 The trial court held a hearing on the involuntary commitment petitions on November 15, 2010, under chapter 71.05 RCW. It concluded that MK was gravely disabled and, on November 15, ordered an additional 180 days of involuntary commitment to WSH for further treatment.[2] Other than a brief jurisdictional *1061 statement, the entirety of the trial court's brief findings of fact state:

Findings: The Court finds by [ ] a preponderance of the evidence
[X] clear, cogent and convincing evidence
that the Respondent:
When petition was filed, seemed to be responding to internal stimuli, impulsive, grandiose themes, threatening to peers went on unauthorized leave. Assaultive on return, impaired judgment [and] insight, continues with grandiose themes, intrusive, rambling speech.
Diagnosis: Schizoaffective Disorder Bipolar type ... Antisocial Personality traits
And that, as a result of a mental disorder, the Respondent presents:
[ ] a likelihood of serious harm to others;
[ ] a likelihood of serious harm to self;
[X] is gravely disabled;[[3]]
[ ] was taken into custody after having been determined incompetent pursuant to RCW 10.77 and has committed acts constituting a felony (although criminal charges have been dismissed) and as a result of a mental disorder, presents a substantial likelihood of repeating similar acts.
Less Restrictive Alternatives: Less Restrictive Alternatives to involuntary detention
[ ] are
[X] are not in the best interests of the Respondent or others.

CP at 66.

¶ 5 The conclusions of law state, "The Respondent shall be detained for involuntary treatment or shall be treated under less restrictive alternatives per the Order Detaining Respondent below." CP at 67. The trial court concluded that the evidence was not clear, cogent, and convincing that MK presented a danger to others.

¶ 6 MK timely appeals the involuntary commitment order based on grave disability.

ANALYSIS

Mootness

¶ 7 As an initial matter, the State asserts that we should decline to review the trial court's November 15 180-day involuntary commitment order because MK's commitment period under the challenged order has expired and, thus, his appeal from the order is moot. Because an involuntary commitment order may have adverse consequences on future involuntary commitment determinations, we disagree and address MK's appeal on the merits.[4]

*1062 ¶ 8 Generally, we will dismiss an appeal where only moot or abstract questions remain or where the issues the parties raised in the trial court no longer exist. Norman v. Chelan County Pub. Hosp. Dist. No. 1, 100 Wash.2d 633, 635, 673 P.2d 189 (1983). An appeal is moot where it presents merely academic questions and where this court can no longer provide effective relief. See, e.g., In re Cross, 99 Wash.2d 373, 376-77, 662 P.2d 828 (1983). An individual's release from detention does not render an appeal moot where collateral consequences flow from the determination authorizing such detention. See, e.g., Born v. Thompson, 154 Wash.2d 749, 762-64, 117 P.3d 1098 (2005); Monohan v. Burdman, 84 Wash.2d 922, 925, 530 P.2d 334 (1975). In the case of civil commitments under chapter 71.05 RCW, the trial court is directed to consider, in part, a history of recent[5] prior civil commitments, thus, each order of commitment entered up to three years before the current commitment hearing becomes a part of the evidence against a person seeking denial of a petition for commitment. RCW 71.05.245.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Meistrell
733 P.2d 1004 (Court of Appeals of Washington, 1987)
In Re Welfare of Sego
513 P.2d 831 (Washington Supreme Court, 1973)
Dunner v. McLaughlin
676 P.2d 444 (Washington Supreme Court, 1984)
In Re the Detention of LaBelle
728 P.2d 138 (Washington Supreme Court, 1986)
In Re the Detention Swanson
793 P.2d 962 (Washington Supreme Court, 1990)
Monohan v. Burdman
530 P.2d 334 (Washington Supreme Court, 1975)
Diamond v. Cross
662 P.2d 828 (Washington Supreme Court, 1983)
Supove v. Densmoor Et Ux
358 P.2d 510 (Oregon Supreme Court, 1961)
Born v. Thompson
117 P.3d 1098 (Washington Supreme Court, 2005)
Norman v. Chelan County Public Hospital District No. 1
673 P.2d 189 (Washington Supreme Court, 1983)
Born v. Thompson
154 Wash. 2d 749 (Washington Supreme Court, 2005)
Inland Foundry Co. v. Department of Labor & Industries
24 P.3d 424 (Court of Appeals of Washington, 2001)
In re the Detention of C.K.
29 P.3d 69 (Court of Appeals of Washington, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
273 P.3d 1059, 2012 WL 1185961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-detention-of-mk-washctapp-2012.