Rhode Island Department of Mental Health, Retardation & Hospitals v. R.B.

549 A.2d 1028, 1988 R.I. LEXIS 136, 1988 WL 123663
CourtSupreme Court of Rhode Island
DecidedNovember 23, 1988
Docket87-538-Appeal
StatusPublished
Cited by17 cases

This text of 549 A.2d 1028 (Rhode Island Department of Mental Health, Retardation & Hospitals v. R.B.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhode Island Department of Mental Health, Retardation & Hospitals v. R.B., 549 A.2d 1028, 1988 R.I. LEXIS 136, 1988 WL 123663 (R.I. 1988).

Opinion

OPINION

WEISBERGER, Justice.

This case comes before us on appeal by R.B. from an order of the District Court certifying him for outpatient treatment at the Kent County Community Mental Health Center. We affirm. The facts of the case insofar as pertinent to this appeal are as follows.

R.B. was brought before the District Court for civil certification pursuant to G.L. 1956 (1984 Reenactment) § 40.1-5-8. *1029 The petition was brought by the Department of Mental Health, Retardation and Hospitals (MHRH). R.B. at the time of the hearing was a twenty-seven-year-old man who had, according to the evidence, committed a violent unprovoked attack upon his father, an attack upon a ward nurse and several attacks upon his wife. Medical testimony indicated that he was suffering from a psychosis defined as paranoid schizophrenia exacerbated by alcohol abuse. Medical testimony also indicated that R.B. had suicidal tendencies which required intensive observation.

At the time of the final hearing on November 30, 1987, the psychiatrist who had attended R.B. at the Institute of Mental Health testified that R.B.’s condition was still such that his continued unsupervised presence in the community would give rise to a likelihood of serious harm to himself and others by reason of mental disability. He testified, however, that at this stage R.B. could be treated at a local community health center as an alternative to inpatient care. The trial justice found by clear and convincing evidence 1 that R.B. was

“suffering from a mental illness and that he [was] in need of care and treatment in some type of facility and would benefit therefrom * * * and that [his] continued unsupervised presence in the community without this type of treatment * * * would [give rise to] a likelihood of serious harm by reason of this mental disability * * * to either himself or to others.”

The judge then determined that R.B. was “certifiable with the alternative of having him be certified to a mental health clinic.” The trial justice ordered that he be certified to the Kent County Community Mental Health Center for necessary outpatient treatment and supervision.

R.B. appealed this decision on the ground that the District Court was not authorized by statute to certify a person pursuant to § 40.1-5-8 to any facility save an inpatient facility. With this contention, we respectfully disagree.

In order to determine the authority vested in the District Court by the Rhode Island Mental Health Law, G.L. 1956 (1984 Reenactment) chapter 5 of title 40.1, it is necessary to examine the statute in its various parts.

Section 40.1-5-2 sets forth the definitions to be utilized throughout the chapter. Section 40.1-5-2(3) defines the term “facility” as follows:

“(3) ‘Facility’ means a state hospital or psychiatric inpatient facility in the department, a psychiatric inpatient facility maintained by a political subdivision of the state for the care and/or treatment of the mentally disabled, a general or specialized hospital maintaining staff and facilities for such purpose, any of the several community mental health services established pursuant to chapter 8.5 of this title, and any other facility within the state of Rhode Island providing inpatient psychiatric care and/or treatment and approved by the director upon application of said facility. Included within this definition shall be all hospitals, institutions, facilities and services under the control and direction of the director and the department, as provided in this chapter. Nothing contained herein shall be construed to amend or repeal any of the provisions of chapter 16 of title 23, and of chapter 13 of title 40.” (Emphasis added.)

Section 40.1-5-2(15) defines “alternatives to admission or certification” in the following terms:

“(15) ‘Alternatives to admission or certification’ means alternatives to a particular facility or treatment program and shall include but not be limited to voluntary or court-ordered outpatient treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or rela *1030 tive, placement in a nursing home, referral to a community mental health clinic and home health aide services, or any other services that may be deemed appropriate.” (Emphasis added.)

Section 40.1-5-8(10) empowers the District Court to issue an order in the following circumstances and with the following limitations:

“(10) Order. If the court at a final hearing finds by clear and convincing evidence that the subject of the hearing is in need of care and treatment in a facility, and is one whose continued unsupervised presence in the community would by reason of mental disability create a likelihood of serious harm, and that all alternatives to certification have been investigated and deemed unsuitable, it shall issue an order committing the person to the custody of the director for care and treatment or to an appropriate facility. In either event and to the extent practicable, the person shall be cared for in a facility which imposes the least restraint upon the liberty of such person consistent with affording him the care and treatment necessary and appropriate to his condition. No certification shall be made under this section unless and until full consideration has been given by the certifying court to the alternatives to in-patient [sic] care, including, but not limited to, a determination of the person’s relationship to the community and to his family, of his employment possibilities, and of all available community resources, alternate available living arrangements, foster care, community residential facilities, nursing homes, and other convalescent facilities. A certificate ordered pursuant to this section shall be valid for a period of six (6) months from the date of the order. At the end of that period the patient shall be discharged, unless he is discharged prior to that time, in which case the certification shall expire on the date of such discharge.” (Emphasis added.)

It should be noted that the court is required to provide for care “in a facility which imposes the least restraint upon the liberty of such person consistent with affording him the care and treatment necessary and appropriate to his condition.” Section 40.1-5-8(10) further states that the court must give “full consideration * * * to the alternatives to in-patient [sic ] care, including * * * all available community resources.”

This court has long applied a canon of statutory interpretation which gives effect to all of a statute’s provisions, with no sentence, clause or word construed as unmeaning or surplusage. State v. Caprio, 477 A.2d 67, 70 (R.I. 1984); In re Rhode Island Commission for Human Rights, 472 A.2d 1211, 1212 (R.I. 1984); Murphy v. Murphy, 471 A.2d 619, 622 (R.I. 1984); Spikes v. State,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kulawas v. Rhode Island Hospital
994 A.2d 649 (Supreme Court of Rhode Island, 2010)
Santana v. Rainbow Cleaners, Inc.
969 A.2d 653 (Supreme Court of Rhode Island, 2009)
Ruggiero v. City of Providence
893 A.2d 235 (Supreme Court of Rhode Island, 2006)
Ni, Ltd. v. Duncan, 2002-0573 (2004)
Superior Court of Rhode Island, 2004
Cohen v. Duncan, 2002-599 (2004)
Superior Court of Rhode Island, 2004
Tompkins v. Zoning Board of Review, 2001-204 (2003)
Superior Court of Rhode Island, 2003
In Re Stephanie B.
826 A.2d 985 (Supreme Court of Rhode Island, 2003)
Prime Time Leasing Ser. v. Rit Auto Le., No. Cv95 0147765 (Feb. 6, 1996)
1996 Conn. Super. Ct. 1431-M (Connecticut Superior Court, 1996)
State v. Benoit
650 A.2d 1230 (Supreme Court of Rhode Island, 1994)
Vito v. R.I. Dept. of Human Services, 92-3034 (1992)
Superior Court of Rhode Island, 1992
Meehan Armored, Inc. v. O'neil, 88-4549 (1992)
Superior Court of Rhode Island, 1992

Cite This Page — Counsel Stack

Bluebook (online)
549 A.2d 1028, 1988 R.I. LEXIS 136, 1988 WL 123663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhode-island-department-of-mental-health-retardation-hospitals-v-rb-ri-1988.