In Re Neatherly

Court of Appeals of North Carolina

In Re Neatherly

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

CourtCourt of Appeals of North Carolina

DecidedMarch 3, 1976

Docket7514DC809

StatusPublished

Cited by7 cases

This text of 222 S.E.2d 486 (In Re Neatherly) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Neatherly, 222 S.E.2d 486, 28 N.C. App. 659, 1976 N.C. App. LEXIS 2795 (N.C. Ct. App. 1976).

Pincite

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, *661 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.

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