In the Interest of Rambousek

331 N.W.2d 548, 1983 N.D. LEXIS 257
CourtNorth Dakota Supreme Court
DecidedMarch 17, 1983
DocketCiv. 10401
StatusPublished
Cited by21 cases

This text of 331 N.W.2d 548 (In the Interest of Rambousek) 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 Rambousek, 331 N.W.2d 548, 1983 N.D. LEXIS 257 (N.D. 1983).

Opinions

ERICKSTAD, Chief Justice.

This is an appeal by the respondent, Ray Rambousek, from an order of the County Court of Stark County, dated January 24, 1983, requiring Ray to receive out-patient treatment at St. Joseph’s Hospital in Dickinson for a period of 90 days. We reverse.

On January 18, 1983, Diane Miller, Ray’s sister, filed a petition requesting the court to order involuntary commitment of and treatment for Ray under Chapter 25-03.1, N.D.C.C.

An involuntary treatment hearing was held pursuant to Section 25-03.1-19, N.D. C.C., following which the court entered its order requiring Ray to receive out-patient treatment. On appeal, Ray has raised several issues. We conclude that the following issue is dispositive of this appeal, making it unnecessary to reach the other issues:

Whether or not the court’s finding is clearly erroneous that there is clear and convincing evidence that Ray is a person requiring treatment under Chapter 25-03.1, N.D.C.C.

[549]*549Section 25-03.1-20, N.D.C.C., provides in part relevant to this ease:

“25-03.1 — 20. Involuntary treatment hearing — Findings and dispositions. — If an individual is found at the involuntary treatment hearing to be a person requiring treatment, the findings and conclusions shall be entered in the record of the proceedings and the court may:
1. Order the individual to undergo a program of treatment other than hospitalization; ...”

A “person requiring treatment” is defined under Subsection 25-03.1-02(11), N.D.C.C.: “11. ‘Person requiring treatment’ means either a person:

a. Who is severely mentally ill; or
b. Who is mentally ill, an alcoholic, or drug addict, and there is a reasonable expectation that if the person is not hospitalized there exists a serious risk of harm to himself, others or property. ‘Serious risk of harm’ means a substantial likelihood of:
(1) Suicide as manifested by suicidal threats, attempts, or significant depression relevant to suicidal potential; or
(2) Killing or inflicting serious bodily harm on another person, inflicting significant property damage, as manifested by acts or threats; or
(3) Substantial deterioration in physical health, or substantial injury, disease, or death resulting from poor self-control or judgment in providing one’s shelter, nutrition, or personal care.”

For the court to order involuntary treatment of a respondent the petitioner must prove by clear and convincing evidence that the respondent is a person reqdiring treatment. Section 25-03.1-19, N.D.C.C. The trial court’s determination of whether or not there is clear and convincing evidence that a respondent is a person in need of treatment is a finding of fact which this Court will not set aside on appeal unless it is clearly erroneous under Rule 52(a), N.D. R.Civ.P. Dayap v. Kupperion, 331 N.W.2d 22 (N.D.1983).

Following the treatment hearing, the court entered its findings of fact, conclusions of law, and direction for entry of order using a prepared form whereby the court placed a checkmark beside applicable statements. Using this preprinted format, the court determined that Ray is a person requiring treatment because Ray is mentally ill and there is a substantial likelihood of Ray “killing or inflicting serious bodily harm on another person, inflicting significant property damage, as manifested by acts or threats.” The court did not enter any findings which would reflect the underlying basis upon which the court determined that Ray is a person requiring treatment. We believe the preprinted format used by the trial court places severe restrictions on the court’s opportunity to customize and particularize its findings and conclusions to each individual case. To facilitate a meaningful review on appeal, we urge the trial court, in future cases, to enter full and specific findings showing the underlying basis upon which the court has reached its determination as to whether or not the respondent is a person requiring treatment under Chapter 25-03.1, N.D.C.C.

Only four persons testified at the treatment hearing, none of whom were capable of giving an expert medical opinion as to whether or not Ray was a person requiring treatment under Chapter 25-03.1, N.D.C.C.: Diane Miller, Ray’s sister; Larry Buck, a detective with the Stark County Sheriff’s Department; Phyllis Rambousek, Ray’s wife from whom he is separated; and Lyn Hurm, owner of a tavern located at Taylor, North Dakota.

Diane Miller, Ray’s sister and the petitioner in this case, testified regarding various incidents involving Ray. Ray told Diane he was involved with the Mafia and that if “they couldn’t get to him then they would get to me.” Ray told Diane that she and her husband “had better be very careful” when they go deer hunting, that she should quit her job, and that “her life was in danger.” Diane also testified that Ray “has talked about the Mafia for a long time” and has told her she “better be very careful because [her son Tory] could end up in a refrigerator.”

[550]*550Diane testified that on one occasion she drove Ray to Taylor, North Dakota, after he had engaged in a heated verbal argument with his father. There were two rifles in her car which Ray had previously placed there, and during the drive Ray repeatedly asked Diane if he should load the rifles to which she responded that he should not. Diane further testified that, although Ray was very angry, he did not load the rifles nor did he threaten her with them or point the rifles at anyone.

Diane also testified that on one occasion Ray “scuffled” with her sixteen-year-old son, Kenny, and that as a result of the scuffle Kenny had torn his shirt and had received “neck bruises.”

Phyllis Rambousek, Ray’s wife from whom he is separated, also testified at the treatment hearing. She testified that during 1977 or 1978 Ray was hospitalized at Heartview for “possible both drugs and drinking,” and that Ray has been voluntarily hospitalized approximately 15 times over the past years.

Phyllis testified that on one occasion Ray walked into her house with a gun and said “he had a means of — he was going to protect me.” Regarding that occasion, she further testified, however, that Ray did not point the gun in her direction and that, after he drank a can of Pepsi she had offered him, he left without further incident.

Both Diane and Phyllis testified that they have received unusual phone calls from an unidentified source whom they believe to be Ray, where the caller does not speak or give an identity but there is “music playing in the background.” Diane testified that on one occasion she received such a call “and it was a chamber of a gun going around.”

Larry Buck, a detective with the Stark County Sheriff’s Department, testified that he investigated Ray’s claim that the mafia ■yvas out to get Ray and his family. Larry concluded that Ray “was very paranoid” and that “there was no information or evidence whatsoever to prove any of the allegations that he was telling me.” Larry also testified that Ray had been licensed to carry a pistol, but Ray’s license was revoked because Larry did not believe Ray should be carrying a pistol.

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In the Interest of Rambousek
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Bluebook (online)
331 N.W.2d 548, 1983 N.D. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-rambousek-nd-1983.