State for the Best Interest & Protection of E.R.

287 S.W.3d 297, 2009 Tex. App. LEXIS 2933
CourtCourt of Appeals of Texas
DecidedApril 29, 2009
DocketNo. 06-09-00028-CV
StatusPublished
Cited by10 cases

This text of 287 S.W.3d 297 (State for the Best Interest & Protection of E.R.) 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
State for the Best Interest & Protection of E.R., 287 S.W.3d 297, 2009 Tex. App. LEXIS 2933 (Tex. Ct. App. 2009).

Opinion

[299]*299OPINION

Opinion by

Chief Justice MORRISS.

No doubt, E.R. is a woman who suffers from mental illness1 and has not been particularly cooperative with efforts intended to help her. But what comes before this Court is E.R.’s appeal of the trial court’s order committing her for temporary mental health services and directing that she be given psychoactive medications. See Tex. Health & Safety Code Ann. § 574.034 (Vernon 2003). To justify such an order, the State must meet a rather rigorous set of proof requirements. Because we find that the evidence is legally insufficient to show a recent overt act by E.R. or a continuing pattern of behavior that tends to confirm either (a) the likelihood of serious harm to E.R. or others or (b) her distress and the deterioration of her ability to function, we reverse the order of the trial court and direct E.R.’s release from commitment. See Tex. Health & Safety Code Ann. § 574.034(d).

(1) What Must Be Proven

Orders for temporary mental health services are governed by Section 574.034 of the Texas Health and Safety Code, which has very particular proof requirements:

(a) The judge may order a proposed patient to receive court-ordered temporary inpatient mental health services only if the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is mentally ill; and
(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. If the judge or jury finds that the proposed patient meets the prescribed commitment criteria, the judge or jury must specify which criterion forms the basis of the decision. Tex. Health & Safety Code Ann. § 574.034(c). In this case, mental illness is not disputed and there is no claim that E.R. is a threat to harm others. The two alternative grounds for relief at issue are subsections (2)(A) and (2)(C).

Clear and convincing evidence is that measure or 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 established. Tex. Civ. Prac. & Rem.Code Ann. § 41.001(2) (Vernon 2008); State v. Addington, 588 S.W.2d 569, 570 (Tex.1979). Section 574.034(a) specifically requires that, to be clear and convincing, the evidence must, unless waived, include expert testimony and evidence of a recent overt act or a continuing pattern of behavior that tends to confirm (a) the likelihood of serious harm to the proposed patient or others or (b) the proposed patient’s distress and the deterioration of the proposed patient’s [300]*300ability to function. Tex. Health & Safety Code ANN. § 574.034(d). The overt act or continuing pattern of behavior “must relate to the criterion on which the judgment is based.” See In re F.M., 183 S.W.3d 489, 492 (Tex.App.-Houston [14th Dist.] 2005, no pet.); J.M. v. State, 178 S.W.3d 185, 193 (Tex.App.-Houston [1st Dist.] 2005, no pet.).

Because the State’s burden of proof is clear and convincing evidence, we apply heightened standards of review. See In re C.H., 89 S.W.3d 17, 25 (Tex.2002); In re M.M., 184 S.W.3d 416, 417-18 (Tex.App.-Dallas 2006, no pet.). In reviewing the legal sufficiency of the evidence where the burden of proof is clear and convincing evidence, we consider all of the evidence in the light most favorable to the finding2 to determine whether a reasonable trier of fact could have formed a firm belief or conviction that its findings were true. In re J.F.C., 96 S.W.3d 256, 266 (Tex.2002). We must assume that the trier of fact resolved disputed facts in favor of its finding if a reasonable trier of fact could do so, and we must disregard all contrary evidence that a reasonable trier of fact could have disbelieved or found to be incredible. Id.

In reviewing factual sufficiency challenges, we review all the evidence in the record, both supporting and opposing the trial court’s findings. C.H., 89 S.W.3d at 27-29. We must give due consideration to evidence the trier of fact could reasonably have found to be clear and convincing. Id. at 25. Under the clear-and-convincing standard, we determine whether the evidence is such that the trier of fact could reasonably form “a firm belief or conviction” as to the truth of the allegations sought to be established by the State. Id. We must consider whether disputed evidence is such that a reasonable trier of fact could not have reconciled that disputed evidence in favor of its finding. J.F.C., 96 S.W.3d at 266.

(2) The Trial Court’s Findings

The trial court ordered temporary mental health services for a time period not to exceed ninety days and authorized the administration of psychoactive medication.3 In its order, the court found that E.R. is likely to cause serious harm to herself. It made further findings: she will, if not treated, continue to suffer severe abnormal mental, emotional, or physical distress; she is experiencing substantial mental or physical deterioration of her ability to function, which is exhibited by her inability, except for reasons of indigence, to provide for basic needs including food, clothing, health, or safety; and she is unable to make a rational and informed decision as to whether to submit to treatment.

[301]*301 (3) The Evidence Presented

The State presented the testimony of Dr. A. Olufemi Layeni, M.D., a psychiatrist at the Terrell State Hospital. Layeni was the only witness to testify at the hearing on the State’s application. The record of the hearing on the State’s application contains approximately nineteen pages of testimony, a little over five of which are dedicated to testimony concerning the availability, possible side effects, and overall effectiveness of psychoactive medication to treat E.R.’s mental illness. In the remaining testimony spanning almost fourteen pages, most of the details tend to confirm only the fact that, indeed, E.R. suffers from a mental illness, a fact not in dispute.

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Bluebook (online)
287 S.W.3d 297, 2009 Tex. App. LEXIS 2933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-for-the-best-interest-protection-of-er-texapp-2009.