In the Matter of the Commitment of L.J.

CourtNew Jersey Superior Court Appellate Division
DecidedJune 18, 2025
DocketA-3469-23
StatusUnpublished

This text of In the Matter of the Commitment of L.J. (In the Matter of the Commitment of L.J.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of the Commitment of L.J., (N.J. Ct. App. 2025).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3469-23

IN THE MATTER OF THE COMMITMENT OF L.J. 1 _______________________

Submitted June 3, 2025 – Decided June 18, 2025

Before Judges Firko and Augostini.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. ESCC-001148-24.

Jennifer N. Sellitti, Public Defender, attorney for appellant L.J. (Thomas G. Hand, Assistant Deputy Public Defender, on the brief).

Jerome M. St. John, Essex County Counsel, attorney for respondent State of New Jersey, County of Essex (Thomas M. Bachman, Assistant Essex County Counsel, on the brief).

PER CURIAM

L.J., an adult male, appeals from a June 5, 2024 order involuntarily

committing him to Newark Beth Israel Medical Center (Beth Israel). Although

1 We use initials to identify appellant because records of civil commitment proceedings are excluded from public access under Rule 1:38-3(f)(2). L.J. has been discharged from Beth Israel, he seeks reversal of the order and

removal of the involuntary commitment from his record. We affirm.

I.

We discern the salient facts from the record. On May 22, 2024, L.J. was

transported to Beth Israel for an involuntary screening after he was found

wandering while exhibiting disorganized and paranoid behavior. 2

At the June 5, 2024 hearing, Dr. Samuel Sostre,3 L.J.'s treating

psychiatrist, testified he diagnosed L.J. with schizophrenia based upon his

examination.4 Dr. Sostre explained that L.J.'s symptoms show that he "remains

2 L.J.'s medical records from Beth Israel are not contained in the record. 3 Dr. Sostre's last name is incorrectly spelled as "Dr. Salters" in the June 5, 2024 hearing transcript and in appellant's merits brief. 4 According to DSM-V,

The characteristic symptoms of schizophrenia involve a range of cognitive, behavioral, and emotional dysfunctions, but no single symptom is pathognomonic of the disorder. The diagnosis involves the recognition of a constellation of signs and symptoms associated with impaired occupational or social functioning. Individuals with the disorder will vary substantially on most features, as schizophrenia is a heterogeneous clinical syndrome.

A-3469-23 2 paranoid, guarded, irritable, and appears to be internally preoccupied." Dr.

Sostre testified L.J.'s "judgment would be considered . . . poor . . . despite being

compliant with his medications." Dr. Sostre opined that "[d]espite being

verbally irritable at times, [L.J.] has exhibited no aggravated or threatening

behaviors." Dr. Sostre stated that L.J. was currently being treated with

Risperdal.5

[Am. Psychiatric Ass'n, Diagnostic and Statistical Manual of Mental Disorders (5th ed. text rev. DSM-5- TR 2022) and (5th ed. DSM-5 2013), Section II Schizophrenia Spectrum and Other Psychotic Disorders (enumerating diagnostic features of schizophrenia).] 5 Risperdal is the brand name for Risperidone. The Cleveland Clinic states that Risperidone:

treats schizophrenia, bipolar disorder, and autism spectrum disorder. It works by balancing the levels of dopamine and serotonin in your brain, substances that help regulate mood, behaviors, and thoughts. It belongs to a group of medications called antipsychotics. Antipsychotic medications can be used to treat several kinds of mental health conditions.

[Drugs, Devices & Supplements: Risperidone Tablets, Cleveland Clinic (2025), https://my.clevelandclinic.org/health/drugs/20391- risperidone-tablets.]

A-3469-23 3 Based on his examination, Dr. Sostre concluded, to a degree of medical

certainty, that L.J. suffered from mental illness, was currently unable to care for

himself, and was unable to maintain a safe living environment. Dr. Sostre

testified that L.J. was currently unable to provide his mother's address or her

phone number. Dr. Sostre opined that it was not possible for L.J. to be in a less

restrictive environment than a psychiatric hospital at the time of the hearing.

Dr. Sostre recommended L.J.'s "continued commitment with a possible transfer

to long-term care with a [four]-week review."

L.J.'s attorney did not cross-examine Dr. Sostre. L.J. testified on his own

behalf with the aid of a French interpreter as follows:

I heard what the doctor said. He said that I suffer from paranoia. He said that I am schizophrenia [sic]. I will not say that. That—that's the first time in my life that I've heard that I have those issues. I would like—I would like the doctor to explain to me when a person is paranoid, when person suffer from schizophrenia. Then, I will know if I am paranoid if I suffer from schizophrenia.

And I give my mother's name. I give my address. The only thing I did not give, the phone number of my relatives, because I do not know the phone number on top of my head. He said that I cannot leave in a— environment. As a human being, everything that is— everything that is existing, everything that is fair, everybody—everybody, every human being should be—to live in a safe environment. That's all I wanted to say.

A-3469-23 4 L.J. did not present any fact or expert witnesses to testify on his behalf.

Each counsel gave a closing statement. L.J.'s counsel argued it would be

"incredibly unfair" for L.J. to remain hospitalized merely because he may not

have a "safe place" to stay outside of the hospital. L.J.'s counsel also requested

the judge issue an order of conditional extension pending placement (CEPP) 6 in

accordance with Rule 4:74-4(h)(2)7 if the judge was not inclined to discharge

L.J. from Beth Israel.

6 CEPP status applies to "individuals who are legally entitled to leave a mental hospital because they are not considered dangerous" but "'are incapable of competently exercising' the right to be discharged because of a diminished capacity to survive in the outside world." In re Commitment of M.G., 331 N.J. Super. 365, 378 (App. Div. 2000) (quoting In re Commitment of S.L., 94 N.J. 128, 139 (1983)). Such individuals remain confined until the State arranges for appropriate placement. Ibid.; see also R. 4:74-7(h)(2). 7 Rule 4:74-7(h)(2) defines an order of CEPP as:

If a patient otherwise entitled to discharge from an inpatient facility cannot be immediately discharged due to the unavailability of an appropriate placement, the court shall enter an order conditionally extending the patient's hospitalization and scheduling a placement review hearing within [sixty] days thereafter. If the patient is not sooner discharged, a second placement review hearing shall be held no later than six months after the initial placement review hearing and subsequently at no greater than six-month intervals. At all placement review hearings the court shall inquire

A-3469-23 5 After both sides rested, the judge questioned the social worker who was

present in the courtroom if she had any contact with L.J.'s family, and she

answered in the negative. The social worker was not sworn in. The social

worker told the judge that L.J. has always provided his address, but it was unable

to be confirmed, and he did not provide any phone numbers. The judge gave the

attorneys the opportunity to question the social worker. L.J.'s counsel did briefly

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