In re W.M.

252 Mont. 225, 49 State Rptr. 227
CourtMontana Supreme Court
DecidedMarch 10, 1992
DocketNo. 91-212
StatusPublished
Cited by4 cases

This text of 252 Mont. 225 (In re W.M.) is published on Counsel Stack Legal Research, covering Montana 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 W.M., 252 Mont. 225, 49 State Rptr. 227 (Mo. 1992).

Opinion

CHIEF JUSTICE TURNAGE

delivered the Opinion of the Court.

W.M. appeals the order of the District Court of the First Judicial District, Lewis and Clark County, which involuntarily committed him to the Montana Developmental Center. We affirm.

The issue is whether the District Court erred in finding that W.M. was seriously developmentally disabled and in ordering him committed to the Montana Developmental Center for one year.

W.M. was adopted as an infant and lived with his adoptive family until he was sixteen years old, when he moved to a foster home. After he ran away from the foster home repeatedly, he returned to live at his adoptive home for a short time and then was briefly and unsuccessfully placed in several group homes for developmentally disabled adults. He was first admitted to Montana’s state institution for the developmentally disabled, the Montana Developmental Center (MDC), in 1983, when he was nineteen years old. At the time of these proceedings, W.M. was an athletic twenty-six-year-old man diagnosed as functioning in the severe range of mental retardation.

On May 29, 1990, W.M. moved from MDC into the Jerome House group home for developmentally disabled adults, located in Helena, Montana, and operated by West Mont. That evening at about [227]*22710:00 p.m., W.M. ran away from the group home wearing only his night clothes. Although the staff immediately implemented their in-house missing persons policy, they were unable to locate W.M. About an hour later, neighbors from approximately six blocks away returned W.M. to the group home. They said that he had knocked on their door and asked for help.

On June 21,1990, after emptying the garbage outside at 9:45 p.m., W.M. again ran away from the group home. The staff called city police to help locate him. According to police reports, he was seen lying on a highway at about 1:00 a.m. He was apprehended by the police two hours later, miles from the group home, while trying to enter a woman’s mobile home.

On the afternoon of July 29, 1990, residents of Jerome House, including W.M., went to the Last Chance Stampede Fair and Carnival. As they were leaving the fairground at about 4:30 p.m., W.M. ran away from the group. A staff member was able to follow, but not to stop him during the next hour and a half. During his flight, W.M. ran through an empty field and then into a housing subdivision. He trampled through people’s gardens and threw rocks at the staff person who was following him, some of which missed their target and hit homes and other property. He took a bicycle from a garage and rode it (at which point neighbors joined in the chase) and punched the Jerome House staff person when the staff person caught up with him. W.M. entered a vehicle which he found running in a driveway, put it into reverse gear, and ran into the owner’s fifth-wheel trailer. When the vehicle stalled, he resumed running on foot until he was apprehended and physically subdued by police officers about a quarter mile from the accident.

W.M.’s July 29, 1990 run resulted in approximately $5,000 worth of damages, two misdemeanor and two felony charges against him, and a petition by a deputy county attorney that he be detained and treated at MDC. At the hearing held before W.M. was committed to MDC, the District Court heard the following evidence:

Glen Cuchine, an MDC employee who qualified as a “professional person” under § 53-20-102(7), MCA (1989), testified that he had evaluated W.M. pursuant to the District Court’s order. He filed with the court his written conclusion that W.M. was seriously developmentally disabled and that the most appropriate placement for him was MDC. Cuchine testified that W.M.’s running behavior was of longstanding duration and had occurred both in group homes and at MDC. He testified that he was not aware of a group home in the state [228]*228that had enough space or staff to handle W.M.’s running behavior, but that MDC had the resources to handle the behavior.

Daphne Crosbie, an employee of the Montana Department of Social and Rehabilitation Services who handled placement of developmentally disabled persons throughout the state, testified that in her opinion there was no group home in the state where a placement was available and appropriate for W.M. She testified that, at Jerome House, “I don’t think they have the staffing capability given what he needs when an incident occurs, a running incident.”

The habilitation coordinator for West Mont, Jan Paulsen, testified that when W.M. left on his May 29 run there was only one staff person on duty. When he went on his second run, his leaving caused another resident of the group home to become “very upset” and “highly aggressive,” which occupied the attention of the staff and led them to call the police to locate W.M. She testified that the staff at West Mont felt that the only way they could successfully serve W.M. would be if they had the ability to lock him in the house, and that this would pose a risk to other persons in the group home. She testified that they would also need a registered nurse on staff to administer a shot intermuscularly, and perhaps mechanical restraints, which would require the hiring of additional staff. She further testified that because these things were not feasible,

if [W.M.] came back to the Jerome House we would allow him to run, we would probably not be able to follow him, and we would just have to let the city police deal with it and let [W.M.] be at large in the community.

She testified that W.M. was on medication for frontal lobe seizures and that when persons have seizure activities they are not in control of their physical movements or their mental capabilities. She also testified that, following a run, W.M. did not remember his actions on the run.

Did the District Court err in finding that W.M. was seriously developmentally disabled and in ordering him committed to MDC for one year?

Section 53-20-103(12), MCA (1989), provides the following definition of “seriously developmentally disabled:”

developmentally disabled due to developmental or physical disability or a combination of both, rendering a person unable to function in a community-based setting and which has resulted in self-inflicted injury or injury to others or the imminent threat [229]*229thereof or which has deprived the person afflicted of the ability to protect his life or health.

Civil commitment for any purpose constitutes “a significant deprivation of liberty that requires due process protection.” Addington v. Texas (1979), 441 U.S. 418, 425, 99 S.Ct. 1804, 1809, 60 L.Ed.2d 323, 330-31. As a result, clear and convincing evidence is the standard of proof in a civil commitment proceeding. Addington, 441 U.S. at 433.

W.M. cites Youngberg v. Romeo (1982), 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28, as authority that he has a constitutional right to receive minimally adequate habilitation and treatment necessary to afford him freedom from involuntary commitment. In doing so, he equates “freedom from undue restraint,” Youngberg, 457 U.S. at 319, with a right to community placement. The holding in Youngberg is not that broad. In Youngberg,

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In Re TW
2005 MT 340 (Montana Supreme Court, 2005)
In Re the Mental Health of K.G.F.
2001 MT 140 (Montana Supreme Court, 2001)

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Bluebook (online)
252 Mont. 225, 49 State Rptr. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wm-mont-1992.