In re H.W.

644 So. 2d 225
CourtLouisiana Court of Appeal
DecidedSeptember 29, 1994
DocketNo. 94-CA-0406
StatusPublished
Cited by5 cases

This text of 644 So. 2d 225 (In re H.W.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re H.W., 644 So. 2d 225 (La. Ct. App. 1994).

Opinions

JiPLOTKIN, Judge.

Petitioner, Department of Health and Hospitals (“Department”), filed for a judicial commitment of H.W., which was granted by the trial court. The Mental Health Advocacy Service (“MHAS”), appointed to represent H.W., appeals. We conclude that there was sufficient evidence to support judicial commitment of H.W. and thus affirm.

[227]*227 FACTS

H.W. is a 48-year-old man who.has lived with his' parents for approximately the last five years. On January 14, 1994, H.W. suffered a psychotic episode. His mother reported that she heard banging on the walls of H.W.’s room and he said, “If I ask for something, don’t give me water.” He was admitted to Medical Center of Louisiana on January 15,1994, pursuant to an order for protective custody. H.W. previously had been admitted to the hospital on March 16, 1993, after suffering a similar psychotic episode.

At the commitment hearing, the only medical witness who testified was Dr. Robert W. Franklin, H.W.’s resident treating physician. Dr. Franklin testified that H.W. had several psychotic symptoms at the time of his January 15, 1994, admission. For example, H.W. believed that he was employed by the C.I.A. with an annual salary of $42,000, that he had $40 to $50 billion, and was a Reader’s Digest sweepstakes winner. H.W. also suffered from ^paranoia, ideas of reference (a feeling that other people controlled his ideas and words), and looseness of association.

Dr. Franklin interviewed H.W.’s parents, reviewed H.W.’s medical records, consulted with H.W.’s former physicians, and examined H.W. on February 7, 1994, at which time H.W. was delusional and paranoid. Dr. Franklin testified that H.W. spends most of his time in his room because of paranoia and loss of his train of thought. According to Dr. Franklin, H.W. was schizophrenic, was gravely disabled, would not comply with follow-up treatment and medication, and was potentially dangerous.

The trial court found H.W. in need of treatment and rendered a judgment of commitment. No written reasons were issued. The trial court reiterated this in a notation on a request for written reasons filed by H.W.

DISCUSSION

Before analyzing the merits of this case, we must dispense with a preliminary matter. Attached to the Department’s brief was a copy of H.W.’s conditional discharge from Southeast Louisiana Hospital. MHAS filed a motion to strike the document. Recently, in the case of In re P.H., 93-2389 (La.App. 4 Cir. 4/14/94); 635 So.2d 1302, the Department attached to its appellate brief a document showing that the patient was conditionally discharged. MHAS filed a motion to strike. This Court denied that motion because the document suggested the appeal was moot; MHAS was ordered to show cause why the appeal should not be dismissed. In response, MHAS filed a copy of the patient’s conditional discharge, which showed that he was required to take prescribed medication and keep scheduled appointments. This Court found that those conditions were “onerous and ultimately flowing] from the judgment on appeal” and thus held that the appeal was not subject to dismissal on grounds of mootness. Id. at 1303.

Likewise, in this case, we deny the MHAS’s motion to strike despite the fact that H.W.’s conditional discharge suggests this appeal is moot. As in P.H., H.W.’s conditional discharge requires that he take prescribed medication and attend scheduled appointments. |3Such conditions are onerous and flow from the judgment of commitment, and therefore this appeal is not moot. Id.; see also State v. A.C., 543 So.2d 133, 134 (La.App.2d Cir.1989).

Turning to the merits of this case, we note that in order to commit an individual under the Mental Health Law, the petitioner must show by clear and convincing evidence that the respondent is dangerous to himself or to others or is gravely disabled due to substance abuse or mental illness. LSA-R.S. 28:55(E)(1). On appeal, the evidence must be reviewed for strict adherence to the enhanced standard of proof required by constitutional and statutory law, notwithstanding the great deference that appellate courts traditionally accord a trial court’s factual findings. State, In re B.W., 566 So.2d 1094, 1096 (La.App.2d Cir.1990); In re M.M., 552 So.2d 528, 529 (La.App.2d Cir.1989). Absent manifest error, this court must affirm the decision of the trial court. Stobart v. State, 617 So.2d 880, 882 (La.1993); Rossell v. ESCO, 549 So.2d 840, 844 (La.1989). However, because of the deprivations to personal and liberty interests that are involved in a civil commitment, the procedure requires due process [228]*228protections. Vitek v. Jones, 445 U.S. 480, 487-88, 100 S.Ct. 1254, 1260-61, 63 L.Ed.2d 552 (1980); Addington v. Texas, 441 U.S. 418, 425, 99 S.Ct. 1804, 1808-09, 60 L.Ed.2d 323 (1979). Thus, petitioner, can not prevail without proof of at least one of the three statutory grounds for commitment. State, In re B.W., 566 So.2d at 1096.

The record in this case clearly establishes that H.W. has a mental illness, specifically, schizophrenia. We next consider whether the Department proved by clear and convincing evidence that H.W. is either dangerous to himself or others or is gravely disabled due to substance abuse or mental illness.

“Dangerous to Self or Others”

A finding that an individual is dangerous to others requires that the person’s behavior or significant threats support a reasonable expectation of a “substantial risk” that he will inflict physical harm to another in the near future. LSA-R.S. 28:2(3). A finding that an individual is dangerous to himself requires that the person’s behavior, significant threats, or inaction support a reasonable expectation of a “substantial risk” that he will inflict physical or severe emotional harm upon himself. LSA-R.S. 28:2(4).

14At the commitment hearing, Dr. Franklin testified that H.W. could present a risk to others. When asked whether H.W. was a danger to others, Dr. Franklin stated:

I think [H.W.] is a potential danger to others because of the two psychotic episodes both with a violent component. I think right at this moment he is probably not a danger to others. But he has had two recurrent psychotic episodes. And more often than not, this will lead to others in schizophrenia.1

On cross-examination, Dr. Franklin was unable to point to any specific instances in which H.W. had threatened others or actually brought about physical harm to another. However, on redirect, Dr. Franklin noted that during much of H.W.’s violent activity no one else was present. According to Dr. Franklin, “We don’t know if anyone was present what would happen. I would certainly be fearful if someone were present and he would have one of those episodes.” This testimony was uneontroverted; H.W. presented no medical witness to testify on his behalf.

Although Dr. Franklin’s testimony is far from definitive on the question, we conclude that there was sufficient evidence that H.W. presented a danger to others. In reaching this conclusion, we note that although the “clear and convincing” standard requires more than a mere preponderance of the evidence, it does not require proof beyond a reasonable doubt.

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Bluebook (online)
644 So. 2d 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hw-lactapp-1994.