In re Rodgers

14 Pa. D. & C.3d 90, 1980 Pa. Dist. & Cnty. Dec. LEXIS 458
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedMarch 31, 1980
Docketno. CC 932 of 1979
StatusPublished

This text of 14 Pa. D. & C.3d 90 (In re Rodgers) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Rodgers, 14 Pa. D. & C.3d 90, 1980 Pa. Dist. & Cnty. Dec. LEXIS 458 (Pa. Super. Ct. 1980).

Opinion

ROSS, E., J.,

This matter is before the court en banc on exceptions filed by respondent, Timothy Rodgers, to an order of court entered January 16, 1980, wherein the court after hearing dismissed a petition for review of a deter[91]*91mination by a mental health officer entered December 12, 1979, resulting in respondent’s commitment to St. Francis Hospital for a period not to exceed 20 days pursuant to section 303 of the Mental Health Procedures Act of July 9, 1976, P.L. 817, 50 P.S. §7303.

The exceptions allege the court committed error in ordering respondent’s commitment despite clear evidence of respondent’s senility as that term is understood in section 102 of the Mental Health Procedures Act of July 9, 1976, supra, 50 P.S. §7102.

Did the court err in dismissing respondent’s petition for review?

Section 102 of the Mental Health Procedures Act of July 9, 1976, supra, 50 P.S. §7102, provides in part: “Persons who are mentally retarded, senile, alcoholic or drug dependent shall receive mental health treatment only if they are also diagnosed as mentally ill, but these conditions of themselves shall not be deemed to constitute mental illness.”

Section 301 of the Mental Health Procedures Act of July 9, 1976, supra, 50 P.S. §7301, provides:

“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 is so lessened that he poses a clear and present danger of harm to others or to himself.”

At the review hearing on January 16, 1980, the court heard the testimony of two psychiatrists.

Dr. William E. Mooney testified that respondent suffers from a recognizable mental disability [92]*92known as an organic brain syndrome of a psychotic degree. Respondent’s condition, according to Dr. Mooney, is caused by atrophy of the cerebral cortex. The cause of the atrophy is not known. Respondent’s disease is not reversible nor treatable in the sense of potential recovery.

Dr. Mooney testified that organic brain syndrome of a psychotic degree is a disturbance of intellectual and cognizance functions generally involving memory disturbances such as poor judgment, difficulty in comprehension and inability to think through to rational conclusions.

While the term senility has no actual medical definition, Dr. Mooney’s opinion of the word is that its meaning is relatively minor changes due to aging.

Testimony was also adduced from Dr. Earl J. Brink who categorized Mr. Rodgers as having organic brain syndrome of psychotic proportions. In his opinion, the condition in this case is related to generalized vascular disease combined with arteriosclerosis.

In Dr. Brink’s opinion, the social understanding of senility is synonymous with aging process and its effects on brain function and personality. Dr. Brink testified that in a social sense respondent is senile but that the medical diagnosis is organic brain syndrome. In his opinion, an examination would show the changes evidenced by respondent are based on arteriosclerosis rather than senility. According to Dr. Brink the state of respondent’s organic brain syndrome is psychotic because respondent cannot meet the realities of fife.

In support of the exceptions, respondent at the oral argument and in the brief submitted to the court contends the exclusion of senility in section [93]*93102 of the Mental Health Procedures Act of July 9, 1976, supra, 50 P.S. §7102, was intended by the legislature to include organic brain syndrome with psychosis. Respondent argues any other result would not serve the purpose of the statute since the medical testimony establishes that organic brain syndrome without psychosis is not a severe mental disability. Thus, there would be no reason to exclude it and the only purpose of the exclusion would be to indicate that organic brain syndrome with psychosis was not within the purview of the act.

Respondent has further argued that since his condition will not improve with treatment the legislature did not intend to include it within the Mental Health Procedures Act of July 9, 1976, supra, 50 P.S. §7101 et seq.

Respondent relies on the rule of statutory construction that “no portion of a statute is to be construed as surplusage. . . Lemoyne Borough Annexation Case, 176 Pa. Superior Ct. 38, 107 A. 2d 149 (1954).

While respondent’s argument based on the rules of statutory construction is true, other construction rules must also be noted.

Section 1903 of the Act of November 25, 1970, P.L. 707, 1 Pa.C.S.A. §1903, provides: “(a) Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or are defined in this part, shall bé construed according to such peculiar and appropriate meaning or definition.”

Section 1921 of the Act of November 25, 1970, supra, 1 Pa.C.S.A. §1921, provides:

[94]*94“(a) The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.

“(b) When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.

“(c) When the words of the statute are not explicit, the intention of the General Assembly may be ascertained by considering, among other matters : (1) The occasion and necessity for the statute. (2) The circumstances under which it was enacted. (3) The mischief to be remedied. (4) The object to be attained. (5) The former law, if any, including other statutes upon the same or similar subjects. (6) The consequences of a particular interpretation. (7) The contemporaneous legislative history. (8) Legislative and administrative interpretations of such statute.”

Unfortunately, the legislature did not define the term senility in the Mental Health Procedures Act of July 9,1976, supra, 50P.S. §7101 etseq., and this court must now attempt to interpret the meaning of that word in the context of the statute.

In construing the term senility, in the absence of statutory definition, the court first looks toward the common understanding of the word. The dictionary definition of the term is “[m]ental and physical deterioration with old age.” American Heritage Dictionary, American Heritage Publishing Co., Inc., New York, New York (1975).

The testimony established that senility as commonly understood evidences poor judgment, memory disturbances and difficulty in comprehension. The term senility often brings to mind the elderly [95]*95person who has become moody, cranky and even eccentric. It is the court’s opinion that it was the legislature’s intent that such persons should not be committed involuntarily on account of those personality changes due to aging which are not tantamount to a severe mental disability.

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Related

Lemoyne Borough Annexation Case
107 A.2d 149 (Superior Court of Pennsylvania, 1954)

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Bluebook (online)
14 Pa. D. & C.3d 90, 1980 Pa. Dist. & Cnty. Dec. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rodgers-pactcomplallegh-1980.