Matter of Danielson

398 N.W.2d 32, 1986 Minn. App. LEXIS 5066
CourtCourt of Appeals of Minnesota
DecidedDecember 23, 1986
DocketC8-86-1698
StatusPublished
Cited by8 cases

This text of 398 N.W.2d 32 (Matter of Danielson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Danielson, 398 N.W.2d 32, 1986 Minn. App. LEXIS 5066 (Mich. Ct. App. 1986).

Opinion

*34 OPINION

FORSBERG, Judge.

Danielson seeks review of findings of fact, conclusions of law, and judgment entered on September 19. The trial court found Danielson is a mentally ill person, that there was “no lesser restrictive alternative than commitment” and that the treating facility “may force medication upon him against his will” if Danielson refuses to take prescribed medications. The trial court concluded that a dual commitment to St. Joseph’s Hospital and Ano-ka Metro Regional Treatment Center (AMRTC) was appropriate. We reverse and remand.

FACTS

Danielson’s history of mental illness dates back to an episode some four years ago when he was a college student. Dan-ielson began saying bizarre things and having hallucinations. He responded quickly to medication and has been treated on an outpatient basis by psychiatrist Louis Flynn since that time. Danielson was voluntarily hospitalized in 1982, 1985, and early 1986.

Danielson’s parents sought commitment of their son in September 1986. They testified Danielson stopped taking his medication, became disoriented, spoke irrationally, missed work, and was argumentative and threatening. He wandered aimlessly through the neighborhood, began drinking, pushed his father to the ground, and refused to climb down from a 30 foot high wall. Police were called on two occasions to assist Danielson’s parents in calming him. Danielson destroyed a car by driving through fields, and had little memory of his actions. His mother testified Danielson had hallucinations, that he heard voices coming from the television, and that he was very vulnerable to others taking advantage of him. Danielson’s father described his son’s delusion that he was a law student, his explosive behavior, and his refusal to eat.

The court-appointed examiner was James Jacobson, a licensed consulting psychologist. Jacobson diagnosed Danielson as suffering from a significant psychiatric disorder; namely schizophrenia of a paranoid type. As a result of his illness, Danielson has deteriorated and is unable to function or to follow a conversation. His perceptions and thoughts are disordered. Jacobson cited examples of Danielson’s bizarre behavior, including hallucinations, grandiose thoughts and statements, loose association of thoughts, projection of his own emotions on others, and recurring misperception of his situation. Jacobson believed Danielson was a threat to himself and others, based on several assaultive episodes which occurred in the hospital while Daniel-son was awaiting the commitment hearing and Danielson’s behavior immediately before hospitalization.

Jacobson recommended commitment to St. Joseph’s Hospital so Danielson can continue under the care of Dr. Flynn, with a “back-up” commitment to AMRTC, in case Danielson’s insurance coverage for treatment at St. Joseph’s expires. Jacobson reviewed the medical records, but apparently did not speak with Dr. Flynn. He was unable to decipher some of Flynn’s notes in the records, but told the court Flynn strongly recommended a court order “to give medications against [Danielson’s] will.” Flynn was not called as a witness at the commitment hearing. Jacobson felt there was no less restrictive alternative to commitment, since halfway houses would generally require that Danielson take his medications and have a minimum of three to six months without an assault before they would accept him.

Psychiatric registered nurse Mary Davies testified Danielson’s insurance coverage would pay for the expense of treatment at St. Joseph’s Hospital and told the court “Dr. Flynn has stipulated in order for [Danielson] to return to St. Joe’s he is [requiring] court-ordered medication.”

At the conclusion of the commitment hearing, the trial court announced it found Danielson to be a mentally ill person, that *35 no less restrictive alternative to commitment existed, and that dual commitment was appropriate. The court “further ordered] that in the event that Patrick refuses to take medication that either facility may force medication on him against his will.” Danielson’s counsel immediately moved the court to rescind its order allowing forced medication and the court denied that request.

The court’s written findings and conclusions were issued the next day. The court, using a form order, found Danielson to be a mentally ill person, found there was no less restrictive alternative to commitment without specifying what alternative dispositions were considered or why they were rejected, identified no conduct upon which to base the commitment order, and “found” that either St. Joseph’s Hospital or AMRTC “may force medication upon [Danielson] against his will.” The conclusions of law directed commitment for an unspecified time and did not mention the administration of medications.

On appeal, Danielson does not challenge his commitment as a mentally ill person, but argues the trial court erred in directing future administration of medications. The county attorney, on behalf of Danielson’s parents, argues the appeal is moot in light of Danielson’s provisional discharge from the hospital and claims the trial court did not really order involuntary administration of medications.

ISSUES

1. Is this appeal moot?

2. Did the trial court err in directing involuntary administration of medication?

3. Did the trial court fail to make required findings to support its commitment order?

4. Were confidential materials improperly included in the trial court file?

ANALYSIS

1. Respondents argue the appeal is moot because Danielson has been provisionally discharged from St. Joseph’s Hospital and no medication was forced upon him during his hospitalization. An order which improperly authorizes future treatment is, by its nature, capable of repetition and yet evades review, and an appeal will not be dismissed simply because no facility is currently attempting to administer treatment in reliance upon the order. In re Kinzer, 375 N.W.2d 526, 529-30 (Minn.Ct. App.1985). Danielson has only been provisionally discharged, and may yet return to the hospital. Even a full discharge from commitment does not necessarily render an appeal moot. See In re Cordie, 372 N.W.2d 24, 28 (Minn.Ct.App.1985), pet. for rev. denied (Minn. Sept. 26, 1985).

2. Danielson cites this court’s frequent opinions stressing that treatment decisions are to be made by the treating facility, and not by the committing court. See for example, In re Smith, 392 N.W.2d 582, 585 (Minn.Ct.App.1986), In re Wicks, 364 N.W.2d 844, 847 (Minn.Ct.App.1985), pet. for rev. denied (Minn. May 31, 1985). Respondents argue that the trial court in this case did not order administration of medications, since the directive that medications be forced was only contained in the findings of fact section of the written order.

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Bluebook (online)
398 N.W.2d 32, 1986 Minn. App. LEXIS 5066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-danielson-minnctapp-1986.