In re S.P.

444 S.W.3d 299, 2014 Tex. App. LEXIS 9712, 2014 WL 4258312
CourtCourt of Appeals of Texas
DecidedAugust 29, 2014
DocketNos. 02-14-00209-CV, 02-14-00210-CV
StatusPublished
Cited by7 cases

This text of 444 S.W.3d 299 (In re S.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re S.P., 444 S.W.3d 299, 2014 Tex. App. LEXIS 9712, 2014 WL 4258312 (Tex. Ct. App. 2014).

Opinion

OPINION

LEE ANN DAUPHINOT, Justice.

In one issue in each cause, Appellant S.P. contends that the evidence is legally and factually insufficient to support the trial court’s temporary health commitment order and subsequent order authorizing psychoactive medication. Because we hold that the evidence is legally and factually sufficient to support both orders, we affirm both orders.

Statement of Facts

In June 2014, Appellant was admitted to North Texas State Hospital (the hospital) after she was found lying naked on the floor of her home; all utilities in the home had been turned off. She had previously been diagnosed with bipolar disorder and had been a patient at the hospital on and off since she was a teenager. The testifying physician’s (the physician’s) preliminary diagnosis was schizoaffective disorder, but the physician explained that the two diagnoses are very similar and that after she gained access to more records and background information, she believed that the historical diagnosis of bipolar disorder was the correct diagnosis.

According to the physician, after Appellant’s admission to the hospital, she had

[n]o sleep; she [was] up pretty much all night every night, dancing and singing. She [was] nonsensical; when she sp[oke] she [was] not coherent. She [did not] give any kind of logical explanation of why she [thought] she [was in the hospital] or even where she [was]. So [the hospital personnel could not] really make any heads or tails of what she [was] saying.

Appellant also did not appear to process information.

The physician testified that the doctor who had admitted Appellant to the hospital had prescribed lithium, risperdal, and klo-nopin, as well as therapy, but Appellant refused to cooperate, so the treatment was discontinued. The physician requested the trial court to order antipsychotics, mood stabilizers, sedatives, and possibly antidepressants.

The physician believed that with medication, Appellant would begin sleeping through the night, have normal sleep and wake cycles, be able to communicate with others, be more coherent and logical, and eventually function in an outpatient setting. But the physician believed that without medication, Appellant would probably continue in her current state until her body became exhausted. The physician testified that the benefits and side effects of the medications had been explained to Appellant, and the physician also testified about the side effects psychoactive medications could cause:

The antipsychotic medications can cause tremors or muscle stiffness. The mood stabilizer, Lithium, has very few side effects, but some people do get tremors, or dry mouth, or excess urination. And the sedative hypnotics can be oversedating, so somebody would be sleeping when you want them to be awake. Those are probably the major side effects.

The physician nevertheless believed that the benefits of the medication outweighed the potential side effects and believed that ordering medication would be in Appellant’s best interest. The physician believed that no alternative would likely produce the same results and no less intrusive [302]*302treatment would likely secure Appellant’s agreement to take the psychoactive medications.

The physician also testified that Appellant lacked the capacity to make a decision regarding the administration of medication because there was no evidence that she understood or processed what she heard, and she was incoherent. Even on the day of the hearing, Appellant’s counsel told the trial court that when asked whether she wanted to appear at the hearing, Appellant would just “look at [the person] and smile and start singing.” The physician testified that she believed that treatment with medication would improve Appellant’s quality of life.

The trial court mistakenly named the admitting doctor and not the physician as the testifying expert in the “Notification of Court’s Determination.”

Standard of Review

Clear and convincing evidence must support temporary commitment orders and orders authorizing medication.1 Clear and convincing evidence is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.2 This intermediate standard of proof falls between the preponderance standard of proof in most civil proceedings and the reasonable doubt standard of proof in most criminal proceedings.3 While the proof must be of a heavier weight than merely the greater weight of the credible evidence, there is no requirement that the evidence be unequivocal or undisputed.4

In evaluating the evidence for legal sufficiency, we must determine whether the evidence is such that a factfinder could reasonably form a firm belief or conviction that its finding was true.5 We review all the evidence in the light most favorable to the finding.6 We resolve any disputed facts in favor of the finding if a reasonable factfinder could have done so.7 We disregard all evidence that a reasonable factfinder could have disbelieved.8 We consider undisputed evidence even if it is contrary to the finding.9 That is, we consider evidence favorable to the finding if a reasonable factfinder could, and we disregard contrary evidence unless a reasonable factfinder could not.10 The factfin-der, not this court, is the sole judge of the credibility and demeanor of the wit[303]*303nesses.11

In evaluating the evidence for factual sufficiency, we determine whether, on the entire record, a factfinder could reasonably form a firm conviction or belief that its finding was true.12 If, in light of the entire record, the disputed evidence that a reasonable factfinder could not have credited in favor of the finding is so significant that a factfinder could not reasonably have formed a firm belief or conviction in the truth of its finding, then the evidence is factually insufficient.13 We must not supplant the trial court’s judgment with our own.14 The factfinder is the sole judge of the credibility of witnesses and the weight to be given their testimony.15

Temporary Commitment Order

Section 574.034 governs orders for temporary mental health services and provides,

(a) The judge may order a proposed patient to receive court-ordered temporary inpatient mental health services only if the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is mentally ill; and
(2) as a result of that mental illness the proposed patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental, emotional, or physical distress;

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Cite This Page — Counsel Stack

Bluebook (online)
444 S.W.3d 299, 2014 Tex. App. LEXIS 9712, 2014 WL 4258312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sp-texapp-2014.