In RE: S.M. Appeal Of: S.M.

176 A.3d 927
CourtSuperior Court of Pennsylvania
DecidedDecember 15, 2017
Docket906 WDA 2016
StatusPublished
Cited by28 cases

This text of 176 A.3d 927 (In RE: S.M. Appeal Of: S.M.) 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: S.M. Appeal Of: S.M., 176 A.3d 927 (Pa. Ct. App. 2017).

Opinion

OPINION BY

MOULTON, J.:

S.M. appeals from the "May 25, 2016 order entered in the Allegheny County Court of Common Pleas concluding that S.M. is severely mentally disabled and directing S.M. to remain involuntarily committed to an inpatient facility for 30 days, to be followed by 150 days of outpatient psychiatric treatment. After a careful review of the record, we reverse. While ap-pellee Allegheny County (“County”) cites to a history of conduct that might support the involuntary commitment at issue, little of that history is part of the record before this Court. Because the record before us contains insufficient evidence to support the commitment, we reverse.

On May 25, 2016, S.M. was involuntarily recommitted to the care of the Western Psychiatric Institute and Clinic (“WPIC”) and Pathways Long-Term Structured Residence (“Pathways”). This commitment was the latest in a series of commitments that our review of the record suggests began on September 26, 2014, when S.M. was involuntarily committed to the care of the WPIC for 20 days under section 303 of the Mental Health Procedures Act (“MHPA”), 50 P.S. § 7303. 1 On May 19, 2016, after S.M. had been involuntarily committed for almost 180 days under section 305 of the MHPA, a hearing was held at Pathways to determine whether S.M.’s involuntary commitment 2 should be extended under section 305. At the end of that hearing, the presiding Mental Health Review Officer (“MHRO”) recommended that S.M. be committed for another 180 days. That same day,'S.M. filed a petition for review of the MHRO’s recommendation with the Court of Common Pleas of Allegheny County.

On May 25, 2016, the trial court held a de novo hearing, after which it ordered S.M. to receive another 180 days of involuntary treatment, with inpatient treatment not to exceed 30 days. On June 23, 2016, S.M. timely filed a notice of appeal. •

The trial court explained the basis for its decision in an opinion filed pursuant to Pa.R.A.P, 1925(a), which provides in full:

On May 19, 2016, a hearing was held before a ... MHRO ...' who committed S.M.... pursuant to the provisions of 50 P.S. § ’7305 for a period not to exceed 180 days. On May 19, 2016, [S.M.] petitioned the Court for a review, of the MHRO’s recommendation. On May 25, 2016, a hearing was held and the Court affirmed the MHRO’s recommendation of the 180[-]day commitment. The Court further ordered in-patient treatment not to exceed 30 days effective May 25, 2016, to be follow by. out-patient treatment. On June 23, 2016, a [n]otice of [ajppeal was filed.
At the hearing before the Court held on May 25, 2016, evidence was received that [S.M.].' has a 20 year history of violent and aggressive behavior. In December of 2015, while living at a step-down mental health facility, [S.M.] stopped taking the majority of her medications resulting in her not sleeping for several nights in a row,, not eating, and not taking -care of herself. [S.M.] was also using racial slurs towards other residents of the facility creating an atmosphere of hostility and concern regarding retaliation from other residents.
[S.M.] ,was then readmitted .into [WPICj’s acute care unit. On or about February 10-12, 2016, [S.M.] was discharged with the understanding that she would need to continue on her medications. [S.M.] did not continue with her medication and that resulted in the instant commitment.
The Superior Court reviews determinations pursuant to the MHPA “to determine whether there is evidence in the record to justify the hearing court’s findings.” In re T.T., 875 A.2d 1123, 1126 (Pa.Super. 2005), citing Commonwealth ex rel. Gibson v. DiGiacinto, 497 Pa. 66, 439 A.2d 105,107 (Pa. 1981).
The Court in this matter conducted a hearing, reviewed the documents provided, listened to the recording of the hearing before the MHRO several times, considered the statements of [S.M.] at the review hearing, and weighed all the arguments made. Based on the aforementioned, the Court believes there was clear and convincing evidence presented in this case to affirm the MHRO order. [S.M.] has a 20 year history of violent and aggressive behavior, and was not taking her prescribed medication. Thus, she was, at a minimum, a danger to herself. Therefore, the Order entered by this Court should be AFFIRMED.

Opinion, 9/12/16, at 1-2 (“1925(a) Op.”) (emphasis in original)..

S.M. raises only one issue on appeal: “Was there insufficient evidence presented at the civil commitment hearing to support the Orphan[s’] Court’s - order of commitment?” 3 S.M.’s Br, at 4.

I. The Structure of the MHPA

The MHPA provides for involuntary emergency examination - and treatment of persons who are “severally mentally disabled and in need of immediate treatment.” 50 P.S. § 7301(a). It then authorizes increasingly long periods of commitment for such persons, balanced by increasing due process, protections in recognition of the significant deprivations of liberty at stake. See In re A.J.N., 144 A.3d 130, 137 (Pa.Super. 2016) (highlighting MHPA’s purpose as “an enlightened legislative endeavor .to strike a balance between the state’s valid interest in imposing and providing mental health treatment and the individual patient’s rights”) (quoting In re Hutchinson, 500 Pa. 152, 454 A.2d 1008, 1010 • (1982)); In re Ryan, 784 A.2d 803, 807 (Pa.Super. '2001) (“The legislative policy reflected- in the [MHPA] is to require that strict conditions be satisfied before a court order for commitment shall be issued. Such a policy is in accord with the recognition that commitment entails a massive deprivation of liberty.”) (quoting Commonwealth v. Hubert, 494 Pa. 148, 430 A.2d 1160, 1162 (1981)). Accordingly, “[i]n applying the [MHPA,] wé must take a balanced approach and remain mindful of the patient’s due process and liberty interests, while at the same time permitting the mental health system to provide proper treatment to those involuntarily committed to its care.” In re S.L.W., 698 A.2d 90, 94 (Pa.Supér. 1997).

Under section 301(a):

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.

50 P.S. § 7301(a). Section 301(b)(2) defines “clear and present danger” to oneself

Related

In the Int. of: D.L.D.
2025 Pa. Super. 231 (Superior Court of Pennsylvania, 2025)
In Re: S.W., Appeal of: S.W.
Superior Court of Pennsylvania, 2025
In the Int. of: K.L.
Superior Court of Pennsylvania, 2024
In Re: P.T., Appeal of: P.T.
Superior Court of Pennsylvania, 2024
In Re: M.A.C., Appeal of: M.A.C.
2024 Pa. Super. 95 (Superior Court of Pennsylvania, 2024)
In Re: S.O., Appeal of: S.O.
2024 Pa. Super. 31 (Superior Court of Pennsylvania, 2024)
In Re: M.B., Appeal of: M.B.
Superior Court of Pennsylvania, 2023
J.A. v. Montgomery County
Superior Court of Pennsylvania, 2023
In Re: P.G.
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: D.L., Appeal of: D.L.
Superior Court of Pennsylvania, 2022
In Re: J.H.
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: M.T.B.
Superior Court of Pennsylvania, 2021
In the Int. of: N.S.
Superior Court of Pennsylvania, 2021
Com. v. Perez, J.
Superior Court of Pennsylvania, 2021
Terpin, S. v. Knaak, G.
Superior Court of Pennsylvania, 2020
Com. v. Murphy, C.
Superior Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
176 A.3d 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sm-appeal-of-sm-pasuperct-2017.