In Re the Necessity for the Hospitalization of Stephen O.

314 P.3d 1185, 2013 WL 6623558, 2013 Alas. LEXIS 168
CourtAlaska Supreme Court
DecidedDecember 17, 2013
Docket6857 S-13764
StatusPublished
Cited by31 cases

This text of 314 P.3d 1185 (In Re the Necessity for the Hospitalization of Stephen O.) is published on Counsel Stack Legal Research, covering Alaska 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 the Necessity for the Hospitalization of Stephen O., 314 P.3d 1185, 2013 WL 6623558, 2013 Alas. LEXIS 168 (Ala. 2013).

Opinions

OPINION

STOWERS, Justice.

I. INTRODUCTION

Parents of a man who were concerned that he had suffered a possible psychotic break reported his behavior to a mental health clinician in Haines. The clinician obtained an ex parte order to take the man into custody and transport him to the hospital in Juneau for examination and treatment. Haines police took him into custody, but due to bad weather he remained in the Haines jail for six days before he was transported to Juneau for evaluation. After a contested hearing, the superior court found by clear and convincing evidence that the man was gravely disabled under AS 47.30.915(7)(B) and issued an order for a 30-day involuntary commitment. The man appeals the order for involuntary commitment. Because the superior court's conclusion that the man was gravely [1187]*1187disabled was not supported by clear and convincing evidence, we reverse and vacate the superior court's 80-day involuntary commitment order.

II. FACTS AND PROCEEDINGS

A. Facts

Shortly after Christmas 2009 Stephen O.1 experienced what he believed to be a religious conversion and, as he described it, "got [his] relationship back" with Jesus. In the weeks leading up to the holiday that year, Stephen had been "a little nervous" because his children were about to depart for a visit to their mother in Seattle for their Christmas vacation, the first Christmas he had spent without the children in a decade. Stephen and his wife of eleven years had separated in May 2009, when she left their home in Haines to live with her mother. Following the separation, Stephen had been attempting to "rebuild[ ] the trust" in their relationship for the benefit of their two children, who had been living with Stephen in Haines since August 2009.

Stephen testified that when the children returned from their visit shortly after Christmas, he began to hear the voice of Jesus speaking to him, telling Stephen that his sins were forgiven and he should "get on a path of repentance." According to Stephen, Jesus told him to go to church and, in particular, to talk to a neighbor across the street who attended a Pentecostal church. Stephen visited and prayed with the neighbor, who put Stephen in touch with his pastor. The pastor invited Stephen to attend his church.

Around this same time, Stephen's father became concerned about him after Stephen's 12-year-old daughter reported that Stephen's behavior was "creeping her out."2 Stephen had awakened his daughter at night and talked to her about Jesus, going to church, and following "a path of repentance." Stephen's father and daughter were alarmed because they believed Stephen's behavior was similar to behavior he had exhibited about six years earlier, in 2004, when he heard voices that led him to jump off a ledge approximately 16 to 18 feet high. He broke his ankle, gashed his head, sustained a concussion, and was temporarily wheelchair-bound as a result. This incident occurred at a hospital in Olympia, Washington; Stephen had been taken to the hospital by members of a church after he asked them to take him to a doctor because he was experiencing "total fear" as a result of hearing voices. Following this incident, Stephen was prescribed Risperdal, an antipsychotic medication, which he took for approximately one to two years. Stephen also began receiving Social Security disability benefits for psychiatric illness.

On January 8, 2010, a petition for initiation of involuntary commitment was filed at the prompting of Stephen's family members. The petition for commitment alleged that Stephen had been "presenting with psychotic features" and exhibiting behaviors "similar to those he has exhibited in the past, prior to a suicide attempt." Specifically, the petition alleged that Stephen had been "hearing the voice of Jesus." On the basis of this allegation, the Haines Police Department took Stephen into emergency custody under AS 47.30.705(a)3 The following day, Master [1188]*1188Bruce Horton of the Sitka Superior Court issued an ex parte order to have him taken into custody and transported to Bartlett Regional Hospital in Juneau, "the nearest appropriate evaluation facility," for an evaluation as provided for in AS 47.30.710(a)4 Stephen was taken to the Haines jail. He remained there from January 8 to January 14 because bad weather prevented his transportation to Juneau for evaluation. He arrived at Bartlett Regional Hospital on January 14, 2010, and was evaluated the next day by Dr. John Pappenheim, the medical director for psychiatric services. On January 20 Elizabeth Ziegler, a court-appointed visitor, met with Stephen and issued a two-page report concerning his condition. The report stated that Stephen "was friendly and presented well." The report also described Stephen's concerns about taking psychotropic medication; according to the report, Stephen stated he did not need medication because he believed he was healthy, but that "if the court ordered him to take medication he would not harm people and would take an injection." The report also summarized a conversation Ziegler had with Stephen's mother concerning his mental health history and current condition.

B. Proceedings

On January 20, 2010, Superior Court Judge Patricia A. Collins conducted a 30-day commitment hearing. At the outset, the court explained that it had not been able to read the entirety of Ziegler's report before the hearing. Further, the court noted that Stephen's attorney had been appointed only one day before the hearing, which the court acknowledged did not give him "a lot of opportunity to follow up with the information that hald] been presented."

The court heard testimony from both Dr. Pappenheim and Stephen. Much of the testimony focused on Stephen's 2004 episode; as Dr. Pappenheim explained, "in substantial part, my diagnosis and my concern in this case are derived from the history that I have obtained from [Stephen's] father," who stated that during the 2004 episode Stephen had "behaved in precisely the same fashion that he's behaving now," namely that he had been "hearing the voice of Jesus telling him that he was heading down a path of repentance." Dr. Pappenheim also testified that he spoke with Stephen about the 2004 episode and that Stephen told him he had felt "extremely fearful" during that episode and heard the voice of Lucifer, who he believed was threatening him. Dr. Pappenheim acknowledged that in the present instance there was nothing to suggest that Stephen was feeling fearful, depressed, or suicidal. Dr. Pappenheim also acknowledged that he had not been able to compare the information gleaned from his interviews with Stephen and his father with Stephen's medical records from the 2004 episode, explaining that he had not "had a chance" to obtain the medical records from the Olympia, Washington hospital where Stephen had been treated.

Stephen testified that during the 2004 episode he felt "total fear" and "knew something was not right." He explained that this fear motivated him to ask to be taken to the hospital to seek treatment. By contrast, in discussing his current condition, Stephen testified that he did not feel any fear or distress. Rather, he stated that he felt optimistic about the future and happy that Jesus had forgiven his sins. In response to a question concerning Dr.

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314 P.3d 1185, 2013 WL 6623558, 2013 Alas. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-necessity-for-the-hospitalization-of-stephen-o-alaska-2013.