In Re Doe

440 A.2d 712, 1982 R.I. LEXIS 787
CourtSupreme Court of Rhode Island
DecidedJanuary 28, 1982
Docket79-92-Appeal to 79-94-Appeal and 79-166-Appeal
StatusPublished
Cited by7 cases

This text of 440 A.2d 712 (In Re Doe) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Doe, 440 A.2d 712, 1982 R.I. LEXIS 787 (R.I. 1982).

Opinions

OPINION

WEISBERGER, Justice.

These four consolidated cases come before us on appeals from orders of the District and Family Courts either involuntarily committing a patient to the Institute of Mental Health (IMH) or recertifying a patient for retention in that facility after he or she has been confined therein for one or more six-month periods. An equally divided court had previously denied and dismissed these appeals. We, however, granted a subsequent motion for reargument. In Re Doe, R.I., 432 A.2d 327, reh. granted, R.I., 435 A.2d 330 (1981). Although the facts of all four cases pose similar problems, the cases are not identical and, therefore, a brief exposition of the facts of each will follow.

John Doe was civilly certified to the IMH by a justice of the District Court for care and treatment on July 7,1978, pursuant to the provisions of G.L.1956 (1977 Reenactment) § 40.1-5-8. This certification was based upon findings that the patient was in need of care and treatment in a facility, that he would likely benefit therefrom, that his continued unsupervised presence in the community would create a likelihood of serious harm by reason of mental disability, and that no suitable alternatives to certification existed. These factual findings were made as required by statute upon a quantum of evidence determined to be beyond a reasonable doubt. On January 5, 1979, a petition was filed in the Sixth Division of the District Court pursuant to § 40.1-5-11, [714]*714seeking to recertify John Doe for an additional six-month period. It should be noted that this petition was not filed within a period of no less than fifteen days and no more than thirty days prior to the scheduled expiration date of a six-month period as required by the statute. It is undisputed that the recertification petition missed the target date by approximately twelve days.

Richard Roe has been a patient at the IMH continuously since at least March of 1976. He was last certified in July 1977. Because his records were lost, no certification petition in respect to Richard was filed until after the expiration of the statutory period. Consequently, on December 19, 1978, Richard was discharged and readmitted on an emergency petition pursuant to the terms of § 40.1-5-7. Thereafter, a certification petition was filed on December 28, 1978. This petition was challenged on the ground of lack of timeliness. The court rejected the challenge and found that the statutory requirements for certification were met by clear and convincing evidence.

Joseph Roe had been civilly certified to the IMH by a justice of the District Court on July 7, 1978. A petition for recertification for an additional six months was filed on December 28, 1978. It is undisputed that this petition missed the target date by approximately six days. The mental health advocate moved that the petition be dismissed and the patient unconditionally discharged pursuant to the provisions of § 40.1-5-11, which reads in pertinent part:

“At the expiration of the six (6) month period set forth in § 40.1-5-8(10) hereunder, or any subsequent six (6) month period following recertification pursuant to this section the patient shall be unconditionally released unless a recertification petition is filed by the official in charge of a facility or his designated agent within no less than fifteen (15) days and no more than thirty (80) days prior to the scheduled expiration date of a six (6) month period. A hearing must be held pursuant to said petition and a decision rendered before the expiration of said six (6) month period.”

The trial court denied the motion, made the necessary statutory findings based upon clear and convincing evidence, and recerti-fied Joseph.

Nancy was admitted to the IMH on an emergency certificate on December 15, 1978, after a history of attempted suicide. Subsequently, on December 28,1978, a petition for civil-court certification was filed in the Family Court. This petition was challenged on the ground that it was filed two days beyond the ten-day period of emergency commitment authorized in § 40.1-5-7. The Family Court justice rejected this challenge and certified Nancy for a period of six months for care and treatment. He based his ruling in part upon Nancy’s indication that she would be willing to remain at the IMH adolescent unit as a voluntary patient. It is undisputed, however, that the certification vitiated her proposed voluntary status. The required statutory findings were made in support of the certification on the basis of clear and convincing evidence.

All of the cases raise a common issue. May a District Court or Family Court justice certify or recertify a patient who is found by the appropriate quantum of evidence to be in need of care and treatment at a mental health facility when that patient’s continued unsupervised presence in the community poses a likelihood of serious harm to the patient or to others — in the event that the petition is not filed within the time limitations set forth by statute even though all other requirements for certification have been met?

The Rhode Island Mental Health Law was carefully crafted in order to guarantee that the liberty of an individual patient would be scrupulously protected and that this liberty would be impaired only in the event of findings of stringent necessity by proof beyond a reasonable doubt in the case of an initial certification, and proof by clear and convincing evidence supporting identical findings in the case of a recertification. The statute provides for institutional review proceedings at least every ninety days, by a review panel composed of at least one [715]*715psychiatrist and two other mental-health professionals involved in treating the patient. § 40.1-5-10. The statute further provides, as indicated above, for unconditional discharge at the end of a six-month certification period unless the patient is re-certified under the circumstances and in accordance with the timetable set forth in § 40.1-5-11. However, before we decide whether the time schedule for filing of re-certification petitions or initial petitions is mandatory, as opposed to directory, some attention must be given to the result of this “unconditional release.” The purpose of the statutory provisions for review is to ensure that a patient may not become forgotten or “warehoused” when the need for supervised care and treatment no longer exists. See O’Connor v. Donaldson, 422 U.S. 563, 95 S.Ct. 2486, 45 L.Ed.2d 396 (1975). These objectives are indeed worthy and merit faithful implementation by the judiciary.

Nevertheless, it must be remembered that the sanction for the procedural default is the discontinuing of treatment and an unconditional discharge of a patient who has been found by the court either beyond a reasonable doubt or by clear and convincing evidence to be in need of such care and treatment and whose unsupervised presence in the community would create a likelihood of serious harm to the patient or to others. It is true that the Legislature couches the “remedy” in terms of unconditional discharge, but that remedy might also be described in terms of ejection from the very facility where treatment may be given. We must take judicial notice of the well-known fact that there are patients in the IMH who literally are unable to survive outside that institution.

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In Re Doe
440 A.2d 712 (Supreme Court of Rhode Island, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
440 A.2d 712, 1982 R.I. LEXIS 787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-doe-ri-1982.