In the Interest of S.S.

491 N.W.2d 721, 1992 N.D. LEXIS 209, 1992 WL 317527
CourtNorth Dakota Supreme Court
DecidedNovember 5, 1992
DocketCiv. 920295
StatusPublished
Cited by6 cases

This text of 491 N.W.2d 721 (In the Interest of S.S.) 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 S.S., 491 N.W.2d 721, 1992 N.D. LEXIS 209, 1992 WL 317527 (N.D. 1992).

Opinion

LEVINE, Justice.

This is an expedited appeal from an order committing S.S. to the North Dakota State Hospital for ninety days to treat her mental illness. She challenges that order, claiming it was not supported by clear and convincing evidence that she was mentally ill and required treatment. We affirm.

In August, a Mandan police, officer, believing S.S. was mentally ill, took her into custody and applied for her emergency admission to St. Alexius Hospital. The application alleged that S.S. had been drinking, had not been taking her medication and, based on a delusion that her former husband was Satan, had entered his home without permission in a failed attempt to remove her children from the premises. Dr. Roxas, a psychiatrist at St. Alexius Hospital, examined S.S. and determined it necessary to petition for her involuntary commitment to the State Hospital. Dr. Roxas concluded in that petition that S.S. was “mentally ill and as a result of such condition there is a reasonable expectation of a serious risk of harm if [S.S.] is not hospitalized.” That conclusion was grounded upon clinical observations that, inter alia, S.S. was psychotic, had frequent delusions and paranoia, was a danger to her children due to her psychotic state, had poor judgment and insight, and had complied poorly with medication and treatment.

Following a preliminary hearing on the petition for involuntary commitment, the Burleigh County court determined that there was probable cause to believe S.S. was mentally ill and required treatment, and entered a temporary treatment order hospitalizing S.S. at the State Hospital for fourteen days. Before expiration of that temporary treatment order, Dr. Srisopark, a staff psychiatrist at the State Hospital, petitioned for S.S.’s involuntary commitment. After considering that petition at a treatment hearing, the county court ordered the involuntary commitment of S.S. for up to ninety days at the State Hospital. S.S. has appealed from that order.

On appeal, S.S. first argues that we should abandon the view held by a majority of this court that a trial court’s determination of whether there is clear and convincing evidence that a mentally ill person is also a “person requiring treatment” is a finding of fact which we set aside only if clearly erroneous under Rule 52(a), NDRCivP. E.g., In the Interest of M.H., 475 N.W.2d 552 (N.D.1991). S.S. argues that the determination of whether a civil commitment petition is sustained by clear and convincing evidence is a conclusion of law fully reviewable by this court. Notwithstanding differences of opinion held by past and present members of this court concerning the applicability of Rule 52(a) to proceedings of this nature, e.g., In the Interest of M.H., supra; In the Interest of Kupperion, 331 N.W.2d 22 (N.D.1983); In the Interest of Rambousek, 331 N.W.2d 548 (N.D.1983), we decline the invitation to revisit this issue now because we are convinced that the county court’s determination that S.S. required treatment was supported by clear and convincing evidence. E.g., In the Interest of M.S.H., 466 N.W.2d 151 (N.D.1991).

S.S. argues that the trial court’s finding that she is “mentally ill” is not sustained by clear and convincing evidence. We disagree. Under section 25-03.1-02(9), a “ ‘[mjentally ill person’ means an individual with an organic, mental, or emotional disor *723 der which substantially impairs the capacity to use self-control, judgment, and discretion in the conduct of personal affairs and social relations.” There are thus two focal points of mental illness under our statute: first, disorder, and second, substantial impairment.

Here, the record is replete with evidence supporting the court’s finding of “mental illness.” With regard to the first focal point, the disorder, we note that Dr. Roxas diagnosed S.S. as having schizophrenia chronic, undifferentiated type, and noted that S.S. had been diagnosed a paranoid-schizophrenic in 1989. Likewise, Dr. Sriso-park testified that S.S. has schizo-affective disorder, bipolar type and/or bipolar disorder. Both doctors considered S.S. to be psychotic. Accordingly, it is clear that S.S. is “an individual with an organic, mental, or emotional disorder.”

As to the second focal point, S.S. asserts that “the appellee presented no evidence” that her ability to conduct personal and social affairs was substantially impaired. We disagree.

The record reveals that S.S. has consistently complied poorly with medication treatment that her doctors agree stabilizes her. Based on delusions about her former husband, she has attempted to take her children from his home, and has placed numerous calls to the Mandan Police Department requesting her former husband be arrested because he is Satan. Dr. Sriso-park’s report of examination stated that S.S. is “agitated, demanding, threatening and intrusive of other patient’s treat- . ment_ She is physically aggressive and caus[ed] [an] injury to [a] staff [member].” Dr. Srisopark also noted that S.S.’s “deviant behavior and symptomology cannot be tolerated by herself or others.”

Dr. Srisopark’s testimony at the treatment hearing illuminated the facts in his report. He testified that S.S. threw coffee at a State Hospital staff member and injured another staff member in an altercation. He also testified that S.S. would become physically aggressive when her demands were not met, and expressed his concern that her delusional behavior would worsen without inpatient treatment. Dr. Srisopark cited an example of S.S.’s continued delusional behavior, describing S.S.’s belief in her power to heal other patients and her request that he release another patient, as well as S.S.

Dr. Roxas also noted S.S.’s agitation and her aggressiveness with staff members at St. Alexius Hospital. Finally, Doctors Rox-as and Srisopark each noted the extensive delusions S.S. had experienced, including her belief that she was pregnant with eight babies, had forty-nine transmitters in her body, was the Virgin Mary, was sixteen years old, has had thirteen thousand children, and has been hypnotized by Satan.

This evidence of S.S.’s aggressiveness and tendency to act on her delusions clearly supports a finding of substantial impairment of self-control, judgment and discretion in personal affairs and social relations. Therefore, the record supports the trial court’s conclusion that S.S. is mentally ill under NDCC § 25-03.1-02(9).

S.S. also contends that there was no clear and convincing evidence that she is a “person requiring treatment” under NDCC § 25-03.1-02(10). “A finding that [a] person is mentally ill is not alone sufficient to justify court-ordered treatment; our law authorizes an involuntary commitment only if the petitioner proves by clear and convincing evidence that the respondent is a person requiring treatment as defined in section 25-03.1-02(10), NDCC.” In the Interest of M.S.H., 466 N.W.2d at 152; In the Interest of R.N., 450 N.W.2d 758, 759 (N.D.1990). Section 25-03.1-02(10) defines a “person requiring treatment” as one:

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Bluebook (online)
491 N.W.2d 721, 1992 N.D. LEXIS 209, 1992 WL 317527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ss-nd-1992.