In re W. H.

481 A.2d 22, 144 Vt. 595
CourtSupreme Court of Vermont
DecidedJuly 13, 1984
DocketNo. 83-417
StatusPublished
Cited by23 cases

This text of 481 A.2d 22 (In re W. H.) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re W. H., 481 A.2d 22, 144 Vt. 595 (Vt. 1984).

Opinion

Gibson, J.

This is an interlocutory appeal from an order of the District Court of Vermont, Unit No. 3, Franklin Circuit. The question arose in the context of a civil involuntary commitment proceeding. The issue framed for our review is as follows:

May the District Court, after hearing, pursuant to 18 V.S.A. § 7614, D.C.C.R. 35 and 37, order that a proposed patient be physically taken into custody for purposes of obtaining a psychiatric evaluation in order to determine whether the proposed patient is a person “in need of treatment” under 18 V.S.A. § 7101(17) ?

The parties have stipulated to the following factual background. An application for involuntary treatment was filed in district court by W. H.’s son and daughter. It included “current and relevant facts upon which the allegation of mental illness and need for treatment [was] based,” 18 V.S.A. § 7612(d) (2), and a statement that W. H. “refused to submit to an examination by a licensed physician.” § 7612 (e) (2).

A hearing was held on the State’s motion for a psychiatric examination at which both the State and W. H. were represented by counsel. After finding the existence of good cause, the court ordered W. H. to undergo an out-patient examination at a specified time and location. W. H. did not appear. A guardian ad litem was appointed and a further hearing was held. After the second hearing, the court again directed W. H. to submit to an examination. This time the order provided that should the proposed patient fail to appear she would be required to be evaluated at the Vermont State Hospital for no more than three days and then would be returned to her resi[597]*597dence by law enforcement officials. She again did not appear. A third hearing was held, at which time the court, noting her absence from the hearing, ordered law enforcement officials, pursuant to subpoena, to take her into custody and transport her to the courtroom.

In W. H.’s presence, the trial judge again ordered her to submit to an examination and informed her that if she failed to do so, she would be taken physically to the Vermont State Hospital for such an evaluation. Upon her third failure to comply, the court issued an order directing the Franklin County Sheriff’s Department to transport her to the hospital. The order has been stayed pending resolution of this appeal.

Confinement for compulsory psychological treatment is “a massive curtailment of liberty.” Humphrey v. Cady, 405 U.S. 504, 509 (1972). Under 18 V.S.A. §§ 7616 and 7617, a person may be involuntarily committed only upon a finding, by clear and convincing evidence, that he or she “is suffering from mental illness and . . . that he [or she] poses a danger of harm to himself or others . . . .” 18 V.S.A. § 7101(17). This heightened standard of proof has been imposed upon commitment proceedings not only because an individual stands to be deprived of his physical liberty but also because of the negative social consequences that may result. Addington v. Texas, 441 U.S. 418, 425-26 (1979). In recent years the courts have given increasingly serious scrutiny to procedures committing the mentally ill and retarded, see, e.g., Parham v. J. R., 442 U.S. 584 (1979), to discharge and release from confinement, see, e.g., O’Connor v. Donaldson, 422 U.S. 563 (1975), to the right to be given and to refuse treatment, see, e.g., Mills v. Rogers, 457 U.S. 291 (1982), and to the right to personal security while undergoing care or treatment within the institutional setting, see, e.g., Youngberg v. Romeo, 457 U.S. 307 (1982).

The involuntary hospitalization considered here is for the limited purpose of conducting a psychiatric examination of W. H. as prescribed and required by 18 V.S.A. § 7614. The examination is a prelude to the commitment hearing conducted under §§ 7615-7619 and is intended to assist the court in determining whether a proposed patient is a “person in need of [598]*598treatment.” 18 V.S.A. § 7101(17).

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Bluebook (online)
481 A.2d 22, 144 Vt. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-w-h-vt-1984.