In the Interest of M.H.

475 N.W.2d 552, 1991 N.D. LEXIS 167, 1991 WL 183161
CourtNorth Dakota Supreme Court
DecidedSeptember 20, 1991
DocketCiv. 910296
StatusPublished
Cited by10 cases

This text of 475 N.W.2d 552 (In the Interest of M.H.) 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 the Interest of M.H., 475 N.W.2d 552, 1991 N.D. LEXIS 167, 1991 WL 183161 (N.D. 1991).

Opinions

ERICKSTAD, Chief Justice.

M.H. appeals from an order of the Bur-leigh County Court committing her to the St. Alexius Medical Center at Bismarck for 90 days to receive treatment for mental illness. We affirm.

On July 12, 1991, M.H.’s son petitioned the county court to involuntarily commit his mother. The petition alleged that M.H. was mentally ill and, as a result of such condition, there was a serious risk of harm to herself, and others, if she was not hospitalized. The petition alleged that M.H. was confused, agitated, paranoid, was not taking her medication, was entering people’s houses without permission, and was driving dangerously while in her agitated state.

M.H. was evaluated by Dr. Shen Thakor, a psychiatrist with St. Alexius Medical Center, on July 12,1991, who had seen her as a patient since 1985 or 1986, although not on a continuous basis. Dr. Thakor described M.H. as confused, hyper, agitated, unreasonable, and unable to care for herself. He concluded that M.H. was suffering from mental illness and that such mental illness posed a serious risk of harm to M.H. due to substantial deterioration in her mental health. Dr. Thakor also noted that any alternatives to involuntary hospitalization would not be in the best interests of M.H., or others.

On July 17, 1991, at a preliminary hearing, the Burleigh County Court ordered M.H. to receive treatment at St. Alexius Medical Center for a period not to exceed 14 days as set forth in section 25-03.1-17, N.D.C.C.

Thereafter, a treatment hearing was held on July 23, 1991, to determine if M.H. was mentally ill and required further treatment. Dr. Thakor testified at the treatment hearing that M.H. was suffering from schizo affective schizophrenia. He further testified that, in his opinion, there would be a substantial deterioration in M.H.’s mental health if she were not to remain in the hospital. Dr. Thakor said that if M.H. wasn’t treated, her physical health was likely to deteriorate as well. Based largely on the testimony of Dr. Thakor, and that M.H. had been readmitted to the hospital, apparently for similar mental problems, twice within approximately two weeks of having been discharged at a prior treatment hearing, the trial court ordered M.H. to receive involuntary hospitalization.

Initially, we note that our review in involuntary commitment cases is governed by section 25-03.1-29, N.D.C.C. On appeal, our review is limited to a review of the procedures, findings, and conclusions of the lower court. In the Interest of M.B., 467 N.W.2d 902, 903 (N.D.1991); Kottke v. U.A.M., 446 N.W.2d 23, 26 (N.D.1989). Furthermore, when we review a trial court’s determination that there is clear and convincing evidence that the person in question requires treatment, we treat the determination as a finding of fact and will not set it aside unless it is clearly erroneous under Rule 52(a), N.D.R.Civ.P. In the Interest of M.B., 467 N.W.2d at 903; In Interest of Abbott, 369 N.W.2d 116, 118 (N.D.1985).

M.H., through counsel, first argues that a determination that a civil commitment is sustained by clear and convincing evidence is a conclusion of law and not a finding of fact. She argues that any such determination should be fully reviewable by this Court and not be limited by the clearly erroneous standard under Rule 52(a) N.D.R.Civ.P. She asserts that this Court [554]*554in fact does make a full review of the lower court’s determination even while calling it a clearly erroneous standard.

We first note that in prior decisions, a majority of our Court has expressed the view that the trial court’s determination of whether or not there is clear and convincing evidence that the respondent is a person in need of treatment is a finding of fact which we will not set aside on appeal, unless it is clearly erroneous under Rule 52(a), N.D.R.Civ.P. In the Interest of T.A., 472 N.W.2d 226, 227 (N.D.1991); In the Interest of M.B., 467 N.W.2d 902 (N.D.1991); In the Interest of R.N., 450 N.W.2d 758 (N.D.1990); Kottke v. U.A.M., 446 N.W.2d 23 (N.D.1989); In the Interest of Gust, 392 N.W.2d 824 (N.D.1986). This Court has previously dealt with this issue. Justice Meschke, writing for the Court in Gust, addressed the issue as follows:

“On this appeal, Thomas asks us to adopt a more exacting standard for reviewing factual findings of the county court than the ‘clearly erroneous’ standard of Rule 52(a), N.D.R.Civ.P. Drawing on a view expressed in a special concurrence and dissent in In the Interest of Kupperion, 331 N.W.2d 22 (N.D.1983), he suggests that the ‘clearly erroneous’ standard for appellate review of findings of fact is inconsistent with the ‘clear and convincing’ standard of proof in the trial court for mental health commitment cases. But, we see no incongruity between the two standards. They perform separate functions. As we observed in another type of case (fraud) requiring clear and convincing evidence at trial, ‘[w]hat matters upon appellate review is whether the trial court’s basis for finding the existence of the disputed [facts] is adequately disclosed in the record, considering the ability of the trial court to assess the credibility of the testimony.’ Russell Land Company v. Mandan Chrysler-Plymouth, Inc., 377 N.W.2d 549, 552 (N.D.1985). We will not set aside a finding that a person needs treatment unless it is clearly erroneous. See In Interest of Abbott, 369 N.W.2d 116, 118 (N.D.1985).”

Gust, 392 N.W.2d at 826.

The statutory definition of a “person requiring treatment” as set out in section 25-03.1-02(10), N.D.C.C., first requires that the person be “mentally ill.” M.H. is con-cededly mentally ill. Over this issue there is no debate.

Secondly, the statutory definition requires there be a “reasonable expectation that if the person is not treated there exists a serious risk of harm to that person, others, or property.” 1 This is the issue that is crucial to this appeal. “Serious risk of harm” is further statutorily defined in subsections (a) through (d) of section 25-03.1-02(10), N.D.C.C.2

[555]*555The trial court based its finding that M.H. was a person requiring treatment primarily on the definition of “serious risk of harm” contained in subsection (d) of section 25-03.1-02(10), N.D.C.C., which provides:

“d. Substantial deterioration in mental health which would predictably result in dangerousness to that person, others, or property, based upon acts, threats, or patterns in the person’s treatment history, current condition, and other relevant factors.”

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In the Interest of M.H.
475 N.W.2d 552 (North Dakota Supreme Court, 1991)

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Bluebook (online)
475 N.W.2d 552, 1991 N.D. LEXIS 167, 1991 WL 183161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mh-nd-1991.