KT v. State

68 S.W.3d 887, 2002 Tex. App. LEXIS 1181, 2002 WL 221423
CourtCourt of Appeals of Texas
DecidedFebruary 14, 2002
Docket01-00-00618-CV
StatusPublished
Cited by1 cases

This text of 68 S.W.3d 887 (KT v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KT v. State, 68 S.W.3d 887, 2002 Tex. App. LEXIS 1181, 2002 WL 221423 (Tex. Ct. App. 2002).

Opinion

68 S.W.3d 887 (2002)

K.T., Appellant,
v.
The STATE of Texas, Appellee.

No. 01-00-00618-CV.

Court of Appeals of Texas, Houston (1st Dist.).

February 14, 2002.

*888 Michael Ray McLane, Houston, for Appellant.

Lisa S. Hulsey Rice, Asst. County Atty., Houston, for Appellee.

Jacqueline Lucci, Asst. County Atty., Houston, for State.

Panel consists of Justices MIRABAL, NUCHIA, and PRICE.[*]

OPINION

MARGARET GARNER MIRABAL, Justice.

In this case, we must determine whether there is clear and convincing evidence to support K.T.'s court-ordered temporary commitment to Ben Taub Hospital and court-ordered treatment with psychoactive medication.[1] Because we conclude there is not, we reverse.

*889 FACTUAL AND PROCEDURAL BACKGROUND

On April 28, 2000, K.T. went to Ben Taub Hospital's emergency room requesting the removal of vaginal sutures. K.T. told the hospital staff that the sutures were from a gynecological procedure that was performed a few months earlier in Peru. K.T. also told the staff that she was pregnant. An examination revealed that K.T. was not pregnant and had no vaginal sutures.

After she was informed that no sutures were found, K.T. refused to leave the exam room and became verbally abusive to the staff. A psychiatrist was called for an evaluation and admitted K.T. to Ben Taub's mental health unit.

On May 1, 2000, Sonja Gurule, a hospital social worker, filed an application for court-ordered mental health services seeking to have K.T. involuntarily committed. The trial court issued an order of protective custody ordering that K.T. be kept at Ben Taub's mental health facility pending the hearing on her involuntary commitment. In the order, the court also appointed an attorney to represent K.T.

K.T.'s commitment hearing was held on May 9, 2000. Present at the hearing were K.T.'s court-appointed counsel, the State's counsel, and the trial judge; K.T. did not attend. At the conclusion of the hearing, the trial court ordered K.T. committed for inpatient mental health services for a period of not more than 90 days.[2] After signing the commitment order, the trial court then held a hearing on a petition to administer psychoactive medication filed by Dr. Danae Georges. At the end of the second hearing, the trial court signed an order to administer psychoactive medication. See Tex. health & Safety Code Ann. § 574.106 (Vernon Supp.2002).

BURDEN OF PROOF

On an application for court-ordered inpatient mental health services, the State is required to prove, by clear and convincing evidence, that:

(1) the proposed patient is mentally ill;
(2) as a result of that mental illness the proposed patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is:
(i) suffering severe and abnormal mental, emotional, or physical distress;
(ii) experiencing substantial mental or physical deterioration of the proposed patient's ability to function independently, which is exhibited by the proposed patient's inability, except for reasons of indigence, to provide for the proposed patient's basic needs, including food, clothing, health, or safety; and
(iii) unable to make a rational and informed decision as to whether or not to submit to treatment.

Tex. Health & Safety Code Ann. § 574.034(a). The trial judge must specify which criterion forms the basis for the *890 decision to grant the State's application. Id. § 574.034(b).

In support of its order to involuntarily hospitalize K.T., the trial court stated in its judgment that it found by clear and convincing evidence that K.T. was mentally ill and made positive findings under subsections (a)(2)(A),(C)(i),(ii),(iii).[3]

STANDARD OF REVIEW

In her first issue, K.T. contends that the evidence is legally and factually insufficient to support the trial court's findings on which it bases her temporary commitment.

The clear and convincing standard is the degree of proof that will produce in the mind of the trier of fact "a firm belief or conviction" as to the truth of the allegations sought to be proved. In re K.C.M., 4 S.W.3d 392, 395 (Tex.App.-Houston [1st Dist.] 1999, pet. denied); T.G. v. State, 7 S.W.3d 248, 251 (Tex.App.-Dallas 1999, no pet). In conducting a legal sufficiency review, we consider only the evidence and inferences tending to support the fact finding, and we disregard all contrary evidence and inferences. In re K.C.M., 4 S.W.3d at 395; Johnstone v. State, 961 S.W.2d 385, 388 (Tex.App.-Houston [1st Dist.] 1997, no writ). If any evidence of probative force exists to support the finding, we will uphold the decision. In re K.C.M., 4 S.W.3d at 395. In reviewing factual sufficiency complaints, we review all the evidence to determine if it was sufficient to produce a firm belief or conviction in the fact finder of the allegations pleaded. T.G., 7 S.W.3d at 251. We will sustain a factual sufficiency challenge only if, after viewing all the evidence, we conclude the finding is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. In re K.C.M., 4 S.W.3d at 395.

To constitute clear and convincing evidence under Mental Health Code subsection 574.034(a), the evidence "must include expert testimony and, unless waived, evidence of a recent overt act or a continuing pattern of behavior that tends to confirm (1) the likelihood of serious harm to the proposed patient or others; or (2) the proposed patient's distress and the deterioration of the proposed patient's ability to function." Tex. Health & Safety Code Ann. § 574.034(c).

DISCUSSION

As previously noted, K.T. was not present at the commitment hearing. The substance of the commitment hearing constitutes only slightly more than one page in the reporter's record:

THE COURT: Call Cause No. 88581.
[STATE'S COUNSEL]: Yes, Your Honor.
THE COURT: Counsel for the proposed patient ready?
[APPELLANT'S TRIAL COUNSEL]: Ready, Your Honor. And my client has *891 refused to appear at the hearing this morning.
THE COURT: All right.
[STATE'S COUNSEL]: The State asks counsel to stipulate to two certificates of medical examination; one from Dr. George[s], and one from Dr. Edythe Harvey, as well as the affidavit of applicant, Sonja Gurule.
All individuals if present and sworn in court today would testify to the contents of these documents.
[APPELLANT'S TRIAL COUNSEL]: So stipulated.
THE COURT: Which criteria?
[STATE'S COUNSEL]: One and three.[4]
THE COURT: You rest?
[STATE'S COUNSEL]: The State rests.
THE COURT: You rest?
[APPELLANT'S TRIAL COUNSEL]: We rest, Your Honor.
THE COURT: All right.

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Related

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96 S.W.3d 629 (Court of Appeals of Texas, 2002)

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Bluebook (online)
68 S.W.3d 887, 2002 Tex. App. LEXIS 1181, 2002 WL 221423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kt-v-state-texapp-2002.