In Re: J.G. Appeal of: J.G.

2024 Pa. Super. 173, 320 A.3d 1286
CourtSuperior Court of Pennsylvania
DecidedAugust 8, 2024
Docket28 WDA 2023
StatusPublished
Cited by3 cases

This text of 2024 Pa. Super. 173 (In Re: J.G. Appeal of: J.G.) 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: J.G. Appeal of: J.G., 2024 Pa. Super. 173, 320 A.3d 1286 (Pa. Ct. App. 2024).

Opinion

J-S46044-23

2024 PA Super 173

IN RE: J.G. : IN THE SUPERIOR COURT OF : PENNSYLVANIA : APPEAL OF: J.G. : : : : : : No. 28 WDA 2023

Appeal from the Order Dated December 8, 2022 In the Court of Common Pleas of Allegheny County Orphans' Court at No(s): CC No. 492 of 2021

BEFORE: DUBOW, J., MURRAY, J., and SULLIVAN, J.

OPINION BY SULLIVAN, J.: FILED: August 8, 2024

J.G. appeals from the order extending her involuntary commitment to

inpatient mental health treatment pursuant to 50 P.S. § 7303 (“§ 303”) of the

Mental Health Procedures Act (“MHPA”). For the reasons discussed below, we

reverse.

In November 2022, following a hearing, a hearing officer committed J.G.

under section 303 to a period of involuntary commitment at Western

Psychiatric Hospital-Oakland for a period not to exceed twenty days. See

Petition for Review, 12/5/22, at 2. J.G. sought review of the hearing officer’s

decision before the Orphans’ Court in December 2022. See id. The Orphans’

Court reviewed the tape of the prior hearing but did not hear additional

evidence. See N.T., 12/8/22, at 1-11.

The Orphans’ Court summarized the testimony as follows:

The testimony proffered in support of an extended involuntary commitment at the November . . . hearing included J-S46044-23

that of Dr. [Katherine] Lyman, a resident physician at Western Psychiatric Institute [who testified on behalf of Appellee, Allegheny County (“the County”)] assigned to the team treating [J.G.]. Dr. Lyman testified that J.G. had exhibited signs of bipolar disorder and, following admission, had shown some improvement. Notwithstanding that improvement, J.G. had ‘‘made comments expressing some passive death wish[,]” and consistently refused to take prescribed psychiatric medications. Accordingly, the determination was made that the least restrictive treatment option feasible for J.G. was to continue impatient treatment ‘‘so we’ll know she’ll be safe before she is discharged.”

*****

[J.G.] argued that some incidents . . . proffered as examples of erratic conduct and self-harm that had occurred before her admission to Western Psychiatric Hospital exaggerated, or misconstrued J.G.’s actual behavior. One such allegation was that J.G. had dragged a mattress and box spring from her house and burned them in her backyard, causing police[1] to be called to her yard. J.G. plausibly testified, however, that[] within her municipality[] backyard burning is permitted on specified days and that her offense was having been mistaken as to the proper date.

J.G. concedes that she has not cooperated with the prescribed regimen of medications while at Western Psychiatric. She explains, however, that, due to an impairment resulting from gastric bypass surgery, she is unwilling to conform fully to the medication regimen.

Orphans’ Court Opinion, 3/1/23, at 3-5 (record citations and footnotes

omitted; footnote added).

The Orphans’ Court upheld the hearing officer’s determination. See

Order, 12/8/22, at 5. It found although J.G. has been otherwise a

____________________________________________

1 In fact, according to the testimony at the hearing, an unknown individual,

not the police, called the fire department. See N.T., 11/29/22, at 9-10.

-2- J-S46044-23

“cooperative patient,” her refusal to take medications that “are essential to

her well-being and necessary to prevent dangerous conduct and self-neglect”

mandated her continued commitment. Orphans’ Court Opinion, 3/1/23, at 5.

The instant, timely appeal followed.2

On appeal, J.G. raises the following issue:

Was the evidence presented at [J.G.’s section 303] commitment hearing insufficient to establish that she was committable under either § 7301(b)(1) (danger to others)[3] or § 7301(b)(2)(i) (danger to self)?

J.G.’s Brief at 3 (footnote added).

When reviewing a court order for involuntary commitment, “we must

determine whether there is evidence in the record to justify the court’s

findings. Although we must accept the trial court’s findings of fact that have

support in the record, we are not bound by its legal conclusions from those

facts.” In re S.O., 311 A.3d 1132, 1135 (Pa. Super. 2024) (citation omitted).

The MHPA provides in pertinent part:

Whenever a person is severely mentally disabled and in need of immediate treatment, he may be made subject to involuntary emergency examination and treatment. A person is severely mentally disabled when, as a result of mental illness, his capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his own personal needs

2 J.G. and the Orphans’ Court complied with Pa.R.A.P. 1925.

3 This Court has not found any indication in the Orphans’ Court’s opinion that

it committed J.G. pursuant to § 7301(b)(1). See Orphans’ Court Opinion, 3/1/23, at 2-5. Accordingly, we will not address the question of whether the evidence was sufficient to commit J.G. pursuant to that subsection.

-3- J-S46044-23

is so lessened that he poses a clear and present danger of harm to others or to himself, as defined in subsection (b)[.]

50 P.S. § 7301(a).

The MHPA states there is a clear and present danger to self if within the

past thirty days:

(i) the person has acted in such manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety, and that there is a reasonable probability that death, serious bodily injury or serious physical debilitation would ensue within 30 days unless adequate treatment were afforded under this act; or

(ii) the person has attempted suicide and . . . there is the reasonable probability of suicide unless adequate treatment is afforded under this act. For the purposes of this subsection, a clear and present danger may be demonstrated by the proof that the person has made threats to commit suicide and has committed acts which are in furtherance of the threat to commit suicide; or

(iii) the person has substantially mutilated himself or attempted to mutilate himself substantially and . . . there is the reasonable probability of mutilation unless adequate treatment is afforded under this act. For the purposes of this subsection, a clear and present danger shall be established by proof that the person has made threats to commit mutilation and has committed acts which are in furtherance of the threat to commit mutilation.

50 P.S. § 7301(b)(2)(i-iii). Further, the United States Supreme Court has

stated:

[t]here is ... no constitutional basis for confining . . . persons involuntarily if they are dangerous to no one and can live safely in freedom . . .. That the State has a proper interest in providing care and assistance to the unfortunate goes without saying. But the mere presence of mental illness does not disqualify a person from preferring his home to the comforts of an institution.

-4- J-S46044-23

O’Connor v. Donaldson, 422 U.S. 563, 575 (1975) (emphasis added).

The petition here sought extended mental health treatment pursuant to

section 303. That provision provides “[a]pplication for extended involuntary

emergency treatment may be made for any person who is being treated

pursuant to [section] 302 whenever the facility determines that the need for

emergency treatment is likely to extend beyond 120 hours.” 50 P.S. §

7303(a) (footnote omitted). To support such a commitment, the county must

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Cite This Page — Counsel Stack

Bluebook (online)
2024 Pa. Super. 173, 320 A.3d 1286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jg-appeal-of-jg-pasuperct-2024.