In Re Tracy C.

249 P.3d 1085, 2011 Alas. LEXIS 28, 2011 WL 1519379
CourtAlaska Supreme Court
DecidedApril 22, 2011
DocketS-13719
StatusPublished
Cited by19 cases

This text of 249 P.3d 1085 (In Re Tracy C.) 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 Tracy C., 249 P.3d 1085, 2011 Alas. LEXIS 28, 2011 WL 1519379 (Ala. 2011).

Opinion

249 P.3d 1085 (2011)

In the Matter of the Necessity for the Hospitalization of TRACY C.

No. S-13719.

Supreme Court of Alaska.

April 22, 2011.

*1086 Douglas Moody, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Tracy C.

Megan R. Webb, Assistant Attorney General, Anchorage, and Daniel S. Sullivan, Attorney General, Juneau, for Alaska Psychiatric Institute.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

Tracy C. was committed involuntarily for 30 days to the Alaska Psychiatric Institute (API).[1] She appeals the commitment order, arguing that because her condition had stabilized as a result of treatment between the time of her admission to API and her commitment hearing, it was error for the superior court to find that she was gravely disabled. Although Tracy's claim is moot, the public interest exception applies because Tracy raises a question of statutory interpretation that would benefit from resolution. We conclude (1) that an order granting a petition for involuntary commitment must be based on the patient's condition at the time of the commitment hearing rather than at the time of the patient's admission to the treatment facility; (2) that in determining the patient's condition at the time of the *1087 commitment hearing the trial court can consider the patient's recent conduct and conditions as well as the patient's symptoms at the time of the hearing; and (3) that the superior court correctly applied the involuntary commitment statute in this case. We thus affirm the order of the superior court granting the petition for Tracy's 30-day involuntary commitment.

II. FACTS AND PROCEEDINGS

On October 22, 2009, Tracy's husband filed a petition to initiate involuntary commitment proceedings against Tracy. Tracy's husband stated in the petition that his wife had been diagnosed with "psychotic disorder not otherwise specified" and that her refusal to take medication for this disorder was leading to increasingly erratic and dangerous behavior. Among other allegations, he reported that Tracy had been fired from her job; was spending large sums of money erratically; was leaving the house during the middle of the night; was making repeated phone calls to 911 and federal government agencies alleging that she was being watched; and was claiming that her doctors and husband were trying to poison her.

On October 23, in response to the petition, the superior court ordered that Tracy be taken to the Alaska Psychiatric Institute (API) and that API conduct a screening evaluation of Tracy and report its findings to the court within 48 hours. Later that day Dr. Dan Muschevici, a psychiatrist at API, filed a petition for 30-day commitment after evaluating Tracy. The petition stated that Tracy was gravely disabled and likely to cause harm to herself or others, and that there was not a less restrictive treatment alternative that would be adequate. Where the petition asked for "facts and specific behavior" supporting these allegations, Dr. Muschevici wrote that Tracy had a history of bipolar I disorder and had been hospitalized at API three times in the previous month. He went on to explain that Tracy had previously refused treatment, that she was having "a new manic and psychotic episode" with "disorganized behavior" and "impaired judgment," that she could not care for herself, and that she "need[ed] inpatient stabilization." The superior court scheduled a commitment hearing for October 27 and appointed the Alaska Public Defender Agency to represent Tracy.

At the hearing on October 27, a probate master heard testimony from Dr. Muschevici, as well as Tracy's husband and Tracy herself. On direct examination, Dr. Muschevici testified that he had diagnosed Tracy with "[b]ipolar I disorder: [m]ost recent episode manic, severe with psychotic features" and that this diagnosis qualifies as a mental illness.[2] Dr. Muschevici noted that the October 23 hospitalization was Tracy's third admission to API in the past month, that he had evaluated her on all three occasions, and that Tracy was experiencing a manic episode of bipolar I disorder. Dr. Muschevici described the symptoms that led to his conclusion, including Tracy's agitation; her conduct of speaking in a rambling and tangential manner and laughing inappropriately; her impaired judgment; and her paranoid delusions about her family, her former employer, and her doctors. Dr. Muschevici noted that upon this admission, unlike her other admissions to API, Tracy agreed that she needed treatment for her bipolar disorder.

Dr. Muschevici also testified that he believed Tracy posed a risk of harm to herself because she was disconnected from reality and could easily be exploited or harmed by others. He clarified that he did not believe that Tracy was suicidal or that she posed a risk to others. He noted that although Tracy had improved since beginning treatment upon her admission to API, he believed that she was still gravely disabled. He explained that when Tracy was admitted "[s]he was not able at that time to take care of herself. She was not able to socialize appropriately to have a normal family life, personal life," and that this would inhibit her ability to survive safely in the community. Dr. Muschevici further testified that Tracy had refused medication during her past two admissions at API, that without medication she "cannot function appropriately," and that given her acute state there was not a less restrictive *1088 treatment alternative than her current psychiatric medication.

On cross-examination, Tracy's attorney pressed Dr. Muschevici on whether Tracy was still exhibiting the psychotic symptoms that Dr. Muschevici had observed on the day of the initial evaluation. Dr. Muschevici agreed that on the day of the hearing and the previous day, he had not observed symptoms of paranoid delusion in Tracy and that she was improving. He stressed, however, that he still considered Tracy to be in an acute state and that she did not fully understand her need for treatment. Although Dr. Muschevici conceded that Tracy could receive psychotherapy and medication outside of API, he maintained that outpatient therapy was not a good option "at an acute state." Dr. Muschevici further testified that Tracy was cooperating with treatment, socializing, sleeping, and eating better since her admission to API, but said that he believed Tracy should stay at API because her "acute condition could relapse any time" and without medication in "one, two days she could be back [i]n the same psychotic condition."

On redirect, Dr. Muschevici clarified that although Tracy's symptoms on the day of the hearing were only "hypomanic," he still considered her to be in an "acute state" because she had presented manic symptoms only days before. He testified that he believed Tracy was "still ... in need [of] therapy for acute psychotic manic symptoms" and that without medication, he would expect Tracy to return to API with psychotic symptoms within a week.

Tracy's husband also testified, recounting the same events that he had detailed in his petition to initiate involuntary commitment proceedings. He reported, among other things, that in the previous week Tracy had left the house in the middle of the night, had smashed a sliding glass door when she locked herself out of the house, had accused her husband of trying to poison her, and had refused to take medication.

Tracy testified on her own behalf.

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Cite This Page — Counsel Stack

Bluebook (online)
249 P.3d 1085, 2011 Alas. LEXIS 28, 2011 WL 1519379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tracy-c-alaska-2011.