In re J.B.

705 P.2d 598, 217 Mont. 504
CourtMontana Supreme Court
DecidedSeptember 10, 1985
DocketNo. 85-46
StatusPublished
Cited by7 cases

This text of 705 P.2d 598 (In re J.B.) is published on Counsel Stack Legal Research, covering Montana 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 J.B., 705 P.2d 598, 217 Mont. 504 (Mo. 1985).

Opinions

MR. CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

J.B. appeals an order of involuntary mental commitment in the Montana State Hospital at Warm Springs, Montana, entered in the District Court of the Thirteenth Judicial District, Yellowstone County, on December 31, 1984.

We affirm the order of involuntary commitment.

Appellant raises the following issues for our determination:

1. Whether there was sufficient credible evidence to support the conclusions that the respondent was seriously mentally ill.

2. Whether the respondent was properly detained under an emergency situation.

3. Whether the commitment herein was to the least restrictive environment.

For a long period of time J. B. had been a patient of psychiatrist Dr. Joseph D. Rich, M.D. Dr. Rich had admitted J. B. for psychiatric treatment to Deaconess Hospital in February 1981, March 1983, August 1983, April 1984, May 1984, and on December 20, 1984.

[506]*506Police officers brought J.B. to Billings Deaconess Hospital on December 20, 1984, for driving his automobile around in circles in an open field, acting bizarre and talking of demons and odd religious topics.

Dr. Rich’s report of December 26, 1984, states:

“[J.B.] is a 37-year-old divorced white male who was admitted to the Psychiatric Unit of the Billings Deaconess Hospital under my care on 12/20/84. The patient has a past history of multiple admissions to this hospital for very similar reasons, and my diagnosis has been that of a BIPOLAR AFFECTIVE DISORDER OF THE MANIC TYPE. Each admission has been precipitated because of his failure to return to see me for proper medication management and because he has ceased taking his medications. This time is essentially the same.
“I have met daily with [J. B.] and have been attempting to treat him with Lithium Carbonate, but this has been difficult because it is available in only an oral preparation; and he has been very resistant and very manipulative in trying to avoid taking this medication. I have had to maintain him on the locked unit of our Psychiatric facility, and he has continued to be very delusional and manic in his behaviors; and I have come close to having to place him in full restraints on a number of occasions.
“Early this morning, I was contacted by the nurse on duty who was very concerned about his state of irritability and apparent distress and quoted him as saying, “I feel like killing anybody and anyone in sight”. Extra medication was ordered, however this is an example of our concerns about his instability and his potential for harm to someone else.
“My diagnosis continues to be that of a bipolar affective disorder, manic, of the chronic type with an acute exacerbation. I believe that [J. B.] is seriously mentally ill and that he is incapable at this point of caring for himself and appreciating the extent of his illness. I regard him as a potential danger to himself and to others because of his emotional disturbance.
“I believe that [J.B.] is in need of a longer term treatment program such as would be available at the Montana State Hospital at Warm Springs, Montana. I am recommending that he be committed there for treatment and transfer as soon as possible.”

Petition for commitment was filed December 26, 1984, by the Yellowstone County Attorney alleging J.B. to be seriously mentally ill. On December 28, 1984, the District Court after hearing entered a [507]*507statement of facts and order finding J.B. to be seriously mentally ill, beyond a reasonable doubt, and as defined in Sect. 52-21-102(14), MCA, and committing him to Montana State Hospital at Warm Springs, Montana, for treatment and evaluation for a period not to exceed three months.

At the December 28, 1984, hearing Dr. Rich testified:

“Q. (By Mr. Brooks) Dr. Rich, now, you have examined [J.B.] recently; is that correct?
“A. That’s correct.
“Q. And have you been able to determine whether or not [J.B.] is at this point suffering from a serious mental disease?
“A. Yes, I believe he is. I’ve made the diagnosis of a bipolar affective disorder of the manic type, and it’s currently referred to as a manic depressive disorder.
“Q. And with [J.B.], how has this type of mental illness been manifested?
“A. Well, this time it was very similar to other times. He becomes excessively religious. He begins to feel there are people out there attempting to harm him. He begins to do things that really after-wards cause him a great deal of embarrassment in the community. He talks of having to kill. He becomes excessively and overtly sexual.
“Q. Now, recently based on your diagnosis, do you think at this time that [J.B.] is able to protect himself as far as his health and as far as his welfare is concerned in his present living situation?
“A. No, I really do not, and I could give some examples of that. First of all, I’ve spent hours discussing with him how medication really helps his illness, and I’ve had these discussions when he’s healthy, and yet he refuses to take the medication to maintain himself out of the hospital.
“Now that he’s in the hospital, this medication can only be given orally. It cannot be given in a shot form, and he’s done everything he can to avoid taking the medication, and he’s beating us at the game, and they are going down even though I’ve been increasing the dose.
“I talked to one of our nurses the other evening. She said “How can I handle this, because he feels an overwhelming urge to kill.” I gave her some orders about not being with him without a man in [508]*508attendance, so I feel that this illness is very devastating to him and potentially is a danger to others.
“Q. From what you’ve said, I take it the major problem at this point is the fact that you cannot control and supervise his medication?
“A. That’s right. This particular medication is not available as a shot, so he does get better with treatment, and there is a possibility for him to maintain himself out of the hospital, but he has to work along with a psychiatrist to take the medication on a regular basis, to get blood tests on a regular basis, and he has failed to do that over and over again.”

Without objection Dr. Rich’s report of December 26, 1984, was admitted in evidence.

J.B. testified as follows:

“Q. Have you made threats of injury to anybody?
“A. Yes.
“Q. And was that what the doctor testified to?
“A. Yes.”

I

Was there sufficient credible evidence to support the finding that J.B. was seriously mentally ill?

We conclude that there was sufficient credible evidence to support the District Court findings.

The definition of “mental disorder” is stated in section 52-21-102(5), MCA:

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Related

In Re the Mental Health of K.G.F.
2001 MT 140 (Montana Supreme Court, 2001)
In Re the Mental Health of E. M.
875 P.2d 355 (Montana Supreme Court, 1994)
Mental Health of Lcb
830 P.2d 1299 (Montana Supreme Court, 1992)
In Re the Mental Health of L.C.B.
830 P.2d 1299 (Montana Supreme Court, 1992)
Matter of JB
705 P.2d 598 (Montana Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
705 P.2d 598, 217 Mont. 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jb-mont-1985.