In Re Neatherly

222 S.E.2d 486, 28 N.C. App. 659, 1976 N.C. App. LEXIS 2795

Opinion

BRITT, Judge.

G.S. 122-58.1 provides in pertinent part as follows: “Declaration of policy. — It is the policy of the State that no person shall be committed to' a mental health facility unless he is mentally ill or an inebriate and imminently dangerous to himself or others; . ... ” (Emphasis added.)

G.S. 122-58.7(i) provides: “To -support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others. The court shall record the facts which support its findings.” (Emphasis added.)

Assuming, arguendo, that the court properly found that respondent was mentally ill, clearly it made insufficient findings showing that respondent was “imminently dangerous to himself and others.” See In re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975).

For lack of sufficient findings required by statute to support its evalidity, the judgment appealed from is

Reversed.

Judges Hedrick and Martin concur.