In Re TE

2008 ND 86, 748 N.W.2d 677, 2008 WL 2055210
CourtNorth Dakota Supreme Court
DecidedMay 15, 2008
Docket20080034
StatusPublished
Cited by1 cases

This text of 2008 ND 86 (In Re TE) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re TE, 2008 ND 86, 748 N.W.2d 677, 2008 WL 2055210 (N.D. 2008).

Opinion

748 N.W.2d 677 (2008)
2008 ND 86

Interest of T.E.
Daisy Van Valkenburg, M.D., Petitioner and Appellee
v.
T.E., Respondent and Appellant.

No. 20080034.

Supreme Court of North Dakota.

May 15, 2008.

*678 Jodi A. Bass, Special Assistant Attorney General, Jamestown, ND, for petitioner and appellee; submitted on brief.

Steven T. Ottmar, Jamestown, ND, for respondent and appellant; submitted on brief.

KAPSNER, Justice.

[¶1] T.E. appeals a district order granting involuntary treatment with prescribed medication at the North Dakota State Hospital. Because the district court did not make a necessary finding in its order, we reverse.

I

[¶ 2] In April 2007, T.E. was admitted to the State Hospital after becoming disruptive while incarcerated at the Cass County Jail. The physician who admitted T.E. to the State Hospital diagnosed T.E. with elective mutism and psychotic disorder not otherwise specified. T.E. has been admitted to the State Hospital on seven prior occasions, beginning in 1981, and had previously been diagnosed with schizophrenia and paranoid personality disorder.

[¶ 3] During T.E.'s most recent admission to the State Hospital, T.E. eventually refused to take his prescription medication. On June 1, 2007, the Cass County District Court issued an order granting the State Hospital's request to involuntarily treat T.E. with prescription medication. This forced medication order was effective through August 9, 2007, and T.E. began taking his medication June 13, 2007, in accordance with the district court's order. In July 2007, Dr. William Pryatel, a State Hospital staff psychiatrist, filed a petition for continuing involuntary treatment at the State Hospital and a request to involuntarily treat T.E. with prescription medication. On August 22, 2007, following a hearing, the Stutsman County District Court found T.E. to be mentally ill and a person requiring treatment. The district court issued an order involuntarily committing T.E. to the State Hospital for a period of one year or until further order of the court. Along with the one-year continuing commitment, the district court granted the State Hospital's request to involuntarily treat T.E. with prescription medication until November 20, 2007. Both the August 22, 2007, continuing one-year commitment and forced medication orders arose out of one hearing. T.E. appealed the August 22, 2007, involuntary medication order, and this Court affirmed the order in Interest of T.E., 2007 ND 166, 740 N.W.2d 100, finding the district court had complied with all requirements under N.D.C.C. § 25-03.1-18.1, which govern the *679 issuance of an order for forced medication, including the requirement that the district court find the patient to be "a person requiring treatment" under N.D.C.C. § 25-03.1-18.1(1)(a)(1).

[¶ 4] On October 31, 2007, Dr. Daisy Van Valkenburg, a State Hospital staff psychiatrist, filed a request to involuntarily treat T.E. with prescription medication. The district court conducted a hearing and, on January 4, 2008, granted an order to involuntarily treat T.E. with prescription medication until April 1, 2008. However, the district court's January 4, 2008, order for involuntary medication, unlike the August 22, 2007, forced medication order for involuntary medication, did not contain a finding that T.E. was a person requiring treatment. Rather, the district court's order to treat with medication stated, in relevant part:

The Court . . . hereby determines and finds that the Respondent lacks the capacity to make a responsible decision about his treatment and the prescribed medication is clinically appropriate and necessary to effectively treat the Respondent, the prescribed medication is the least restrictive form of intervention necessary to meet the treatment needs of the Respondent; and the benefits of the treatment outweigh[ ] the known risks to the patient.

[¶ 5] T.E. appeals, arguing the district court erred in failing to find T.E. was a person requiring treatment in its January 4, 2008, order for involuntary treatment with medication.

II

[¶ 6] "The interpretation of a statute is a question of law, which is fully reviewable on appeal." Interest of P.F., 2008 ND 37, ¶ 11, 744 N.W.2d 724 (citing Estate of Elken, 2007 ND 107, ¶ 7, 735 N.W.2d 842). The primary objective in interpreting a statute is to determine legislative intent. Id. (citations omitted). "If the language of a statute is clear and unambiguous, `the letter of [the statute] is not to be disregarded under the pretext of pursuing its spirit.'" Id. (citing N.D.C.C. § 1-02-05) (alterations in original). "We construe statutes to give effect to all their provisions, so that no part of the statute is rendered inoperative or superfluous." Id. (citing N.D.C.C. § 1-02-38(2) and (4)).

[¶ 7] Before a district court may order involuntary treatment with medication, the court must find, by clear and convincing evidence, that the patient meets all four factors listed under N.D.C.C. § 25-03.1-18.1(1)(a):

(1) That the proposed prescribed medication is clinically appropriate and necessary to effectively treat the patient and that the patient is a person requiring treatment;
(2) That the patient was offered that treatment and refused it or that the patient lacks the capacity to make or communicate a responsible decision about that treatment;
(3) That prescribed medication is the least restrictive form of intervention necessary to meet the treatment needs of the patient; and
(4) That the benefits of the treatment outweigh the known risks to the patient.

N.D.C.C. § 25-03.1-18.1(3). See also In re M.M., 2005 N.D. 219, ¶ 9, 707 N.W.2d 78. The absent finding at issue in this case is required by N.D.C.C. § 25-03.1-18.1(1)(a)(1), which provides that one of the four factual findings necessary for an involuntary medication order is that "the patient is a person requiring treatment." Under N.D.C.C. § 25-03.1-02(12), a "person requiring treatment" is a "person who is mentally ill or chemically dependent, and there is a reasonable expectation that *680 if the person is not treated there exists a serious risk of harm to that person, others, or property."

[¶ 8] T.E. argues, and we agree, that the district court failed to make such a finding in its January 4, 2008, order for involuntary medication. The order does not contain a finding that T.E. is "a person requiring treatment," as required by N.D.C.C. § 25-03.1-18.1(1)(a)(1), nor is there a finding that T.E. is "mentally ill or chemically dependent, and there is a reasonable expectation that if the person is not treated there exists a serious risk of harm to that person, others, or property," under N.D.C.C. § 25-03.1-02(12), which defines a "person requiring treatment." The district court's order is devoid of any finding that would fall within the purview of the statutory requirement under N.D.C.C. § 25-03.1-18.1(1)(a)(1). The district court's failure to include any language indicating T.E. is a person requiring treatment violates an express and unambiguous requirement under N.D.C.C. § 25-03.1-18.1(1)(a).

[¶ 9] We note the August 22, 2007, one-year continuing commitment order was in effect at the time the January 4, 2008, involuntary medication order was issued, and the August 22, 2007, order contained a finding that T.E. was a person requiring treatment. Section 25-03.1-18.1(3), N.D.C.C., provides that if the district court finds all four factors under N.D.C.C.

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2008 ND 83 (North Dakota Supreme Court, 2008)

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Bluebook (online)
2008 ND 86, 748 N.W.2d 677, 2008 WL 2055210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-te-nd-2008.