In re S.L.W.

698 A.2d 90, 1997 Pa. Super. LEXIS 2181
CourtSupreme Court of Pennsylvania
DecidedJuly 25, 1997
StatusPublished
Cited by26 cases

This text of 698 A.2d 90 (In re S.L.W.) is published on Counsel Stack Legal Research, covering Supreme 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 S.L.W., 698 A.2d 90, 1997 Pa. Super. LEXIS 2181 (Pa. 1997).

Opinion

BECK, Judge:

These consolidated matters require us to consider the technical requirements of the Mental Health Procedures Act, 50 P.S. § 7101, et seq. (“MHPA” or “the Act”), specifically its provisions regarding involuntary commitment and treatment.

While these two cases are unrelated, they share not only the same counsel but the same general complaint, namely, that the technical procedures mandated by the Act were not strictly adhered to and, as a result, the orders of commitment must be vacated and the records of commitment expunged.

[92]*92We begin with a brief summary of the relevant sections of the MHPA. Among other things, the Act provides that an individual can be made subject to involuntary emergency commitment and examination in the event a physician determines that the person is severely mentally disabled and in need of emergency treatment. See 50 P.S. § 7302. Section 302 treatment, as it is often called, cannot exceed five days. The definition of a severe mental disability is set forth with particularity in the Act. See 50 P.S. § 7301.

In the event treatment is necessary for a period longer than five days, the Act provides a procedure for extended treatment. See 50 P.S. § 7303. Such extended treatment, commonly referred to as § 303 treatment, requires court intervention in the form of a petition filed in the court of common pleas followed by a hearing before a judge or mental health review officer (“MHRO”). At the conclusion of the hearing, the MHRO either certifies that the individual is severely mentally disabled and in need of continued involuntary treatment or, in the absence of such a certification, orders the facility director to discharge the individual. See 50 P.S. § 7303(c).

If a certification for extended treatment is made, its contents must conform with statutory provisions. See 50 P.S. § 7303(d). Further, the certification must be filed with the director of the treating facility and a copy served on the individual, his or her counsel and any other relevant parties. See 50 P.S. § 7303(e). Section 303 treatment cannot exceed twenty days.

Further involuntary treatment, not to exceed ninety days, is permissible, but is subject to additional procedural rules set forth with particularity in the Act. See 50 P.S. § 7304.

Despite the fact that MHPA matters frequently appear moot due to the lapse of time between an involuntary commitment and appellate disposition, our courts consistently have held that a live controversy exists in these cases. We recognize that an important liberty interest is at stake in all involun-taiy commitments and by their nature, most commitment orders expire prior to appellate review. See In re Condry, 304 Pa.Super. 131, 450 A.2d 136, 137 (1982). Since a finding of mootness would allow such claims to go unchallenged in most, if not all, cases, we continue to hear these matters and, where the facts allow, we have authority to vacate a commitment order and direct that the record be expunged. See In re S.O., 342 Pa.Super. 215, 492 A.2d 727 (1985).

The specific due process protections provided for in the Act are strictly construed; a violation of the Act’s provisions requires that the order of commitment be vacated. See In re Chiumento, 455 Pa.Super. 376, 688 A.2d 217 (1997) (order vacated due to delay in § 303 hearing); Condry, supra (order vacated where treatment plan not adequately described).

S.L.W. alleges several MHPA violations. Her first complaint is that the county failed to file timely the § 303 certification on the facility at which she was involuntarily committed. In her brief, S.L.W. relies on § 302(d)(2), which provides that an individual committed under § 302 must be discharged within five days unless a § 303 certification is filed pursuant to the Act, and § 303(e), which provides that the certification “shall be filed with the director of the facility.”

S.L.W. was involuntarily committed under § 302 on July 27, 1996 at approximately 9:45 PM. A § 303 petition was filed on July 29, 1996 and a hearing before a MHRO took place the following day. On August 1, 1996, a § 303 certification was filed with the pro-thonotary; however, the certification was not filed with Latrobe Hospital, the facility to which S.L.W. was committed, on that date. Instead, the certification was mailed to the hospital on August 5, 1996 and received the following day.

Upon review, the trial court found that any technical violations of the Act were “slight deviations from the specific requirements [of the Act that were] not sufficient to justify discharge of the patient.” We agree.

Even if we were to interpret the Act as requiring the filing of the § 303 certification with the facility, as opposed to the court, within five days, we would not be convinced that such a minor breach of the Act’s provi[93]*93sions requires us to vacate S.L.W.’s order of commitment. As noted by Latrobe Hospital in its brief, it has not been prejudiced by the timing of its receipt of the certification and neither has S.L.W. At all times during these proceedings S.L.W., a lawyer herself, was represented by an attorney. Both patient and counsel participated in the hearing and were made aware of all decisions as they were made. There was no reversible error in the manner in which the certification was filed.1

S.L.W. also claims that the § 303 certification was inadequate because it failed to: 1) explain the treatment to be provided; 2) explain its (the certification’s) effect; and 3) inform S.L.W. of her continued right to counsel. Relying on Condry, supra, S.L.W. claims that omission of any MHPA requirement mandates discharge of a patient.

Our review of the certification leads us to conclude that it is adequate under the Act. With respect to an explanation of the treatment to be provided, we observe that incorporation of expert and medical testimony is appropriate and has been held to satisfy the Act. See In Re L.M.P., 413 Pa.Super. 18, 604 A.2d 712, appeal denied, 531 Pa. 661, 613 A.2d 1210 (1992). Further, we find it difficult to understand S.L.W.’s claims regarding notice of the certification’s effect and her right to counsel. She was represented by counsel at all stages of these proceedings and continues to be represented by the same able attorney in this appeal. We cannot find reversible error under these circumstances.

S.L.W.’s final argument is that she did not receive the required publications regarding her rights upon commitment. The record reflects that S.L.W. received some of the material to which she was entitled and given access to other material. In addition, it appears that one of the booklets mentioned in the Act simply does not exist. Again, we note that S.L.W. represented at all times by an attorney who, it is clear from the record, is an expert in the rights of persons committed under the Act. We find no error in the proceedings regarding S.L.W. that cause us to vacate the order of commitment.2

Appellant H.D.’s claims prompt the same result. H.D.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: P.T., Appeal of: P.T.
Superior Court of Pennsylvania, 2024
In Re: J.G. Appeal of: J.G.
2024 Pa. Super. 173 (Superior Court of Pennsylvania, 2024)
DeVietro, T. v. PA State Police
Superior Court of Pennsylvania, 2023
In Re: R.B.
Superior Court of Pennsylvania, 2022
In Re: G.M.
Superior Court of Pennsylvania, 2022
In Re: A.P., Appeal of: A.P.
Superior Court of Pennsylvania, 2021
In the Int. of: D.B.T.
Superior Court of Pennsylvania, 2021
In the Int. of: N.S.
Superior Court of Pennsylvania, 2021
In Re: B. W., Appeal of: Blair Dept Human Services
Supreme Court of Pennsylvania, 2021
In Re: S.S.
Superior Court of Pennsylvania, 2020
In Re: G.E.S., Patient
Superior Court of Pennsylvania, 2018
Com. v. E.D.
Superior Court of Pennsylvania, 2018
In the Interest of: J.D., a Minor
Superior Court of Pennsylvania, 2018
In RE: S.M. Appeal Of: S.M.
176 A.3d 927 (Superior Court of Pennsylvania, 2017)
In The Int. of: P.N.
Superior Court of Pennsylvania, 2015
In the Interest of W.A.
91 A.3d 702 (Superior Court of Pennsylvania, 2014)
In Re Fc
966 A.2d 1131 (Superior Court of Pennsylvania, 2009)
In the Interest of F.C.
966 A.2d 1131 (Superior Court of Pennsylvania, 2009)
In Re RD
739 A.2d 548 (Superior Court of Pennsylvania, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
698 A.2d 90, 1997 Pa. Super. LEXIS 2181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-slw-pa-1997.