State in re B.W.

566 So. 2d 1094, 1990 La. App. LEXIS 2020
CourtLouisiana Court of Appeal
DecidedAugust 22, 1990
DocketNo. 22085-CA
StatusPublished
Cited by3 cases

This text of 566 So. 2d 1094 (State in re B.W.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State in re B.W., 566 So. 2d 1094, 1990 La. App. LEXIS 2020 (La. Ct. App. 1990).

Opinion

FRED W. JONES, Jr., Judge.

In this action for judicial commitment respondent, B.W., a 37 year-old female, appealed the judgment of the trial court declaring her to be mentally ill and committing her to Central Louisiana State Hospital for treatment for the duration of the mental illness or until discharge. Finding that the evidence presented by petitioner, Louisiana State University Hospital, did meet the statutory requirement of clear [1095]*1095and convincing proof that B.W. is gravely disabled, we affirm.

Issue Presented

On appeal, respondent presents the following issue for consideration:

Whether the petitioner in a judicial commitment hearing must present factual evidence that respondent is or has recently been unable to secure her essential physical needs and survive safely in freedom in order to support an opinion that she is gravely disabled.

Factual Context

On March 15, 1990 petitioner instituted this proceeding by filing a petition for the judicial commitment of respondent. Petitioner alleged it was the treating agency for respondent who was admitted into the hospital on March 9, 1990 on a Physician’s Emergency Certificate. Respondent had been examined independently by the Coroner who executed an Emergency Certificate on March 11, 1990, which certificate would expire on March 24, 1990. Petitioner alleged respondent was suffering from mental illness, was gravely disabled and unable to provide for her own basic needs. Further, due to her condition she was unwilling to seek voluntary admission for treatment. Petitioner stated respondent was in need of long-term in-patient treatment in a long-term treatment facility.

In connection with the commitment hearing, respondent was examined by Dr. Cam-ran Adly. At the hearing, Dr. Adly testified that respondent had been readmitted to the psychiatric unit of the hospital only two days after being discharged and had been hospitalized on three separate occasions in the past few months with her psychiatric condition deteriorating shortly after discharge from each course of hospitalization. Since her last hospitalization on March 9, 1990, Dr. Adly had examined her several times and stated he found her in need of in-patient confinement. He testified that respondent was gravely disabled upon each readmission to the hospital and continued to be gravely disabled due to her psychiatric illness, thus requiring long-term psychiatric hospitalization.

Respondent was diagnosed as suffering from bi-polar disorder which was characterized by an excessive level of energy and activity and acceleration of the thought process so that the thought process became disorganized. Dr. Adly contended the disorganized thought process had interfered with respondent’s ability to care for herself as it affected her ability to make accurate judgments. Therefore, respondent could place herself in a position that would be dangerous to herself or others and would be prevented from being able to concentrate on providing herself with the basic needs of living. Dr. Adly testified that respondent’s disorder required intensive treatment and medication. Respondent admitted she did not take her medication once outside the hospital.

The doctor based his opinion that respondent was gravely disabled upon his observations of her behavior during the most recent and past hospitalizations. Dr. Adly contended that based on respondent’s condition, she had a very strong potential to deteriorate to the degree she would lose the minimal ability to care for herself even though she had shown some capacity to cooperate in her care while hospitalized. Dr. Adly expressed his strong feeling that respondent needed long-term hospitalization in order to be stabilized and to return to the community. Dr. Adly noted that upon respondent’s previous discharge she had improved significantly and remained stable for almost a week. Upon readmission two days later she was extremely hyperactive, had very poor control of herself and could not communicate. He did not think respondent had the capacity to organize her thoughts to a minimum degree in order to feed and clothe herself. Dr. Adly admitted there was no evidence that respondent was malnourished or improperly clothed at the time of her readmission. However, he had the impression respondent had not been eating well. Dr. Adly noted that the short period between hospitalizations prevented respondent from becoming severely malnourished. He believed the outside support respondent received after discharge had been minimal.

[1096]*1096Dr. Adly testified that respondent was being treated with two principal psychotropic medications and did not believe these medications would interfere with respondent’s participation in the court proceedings.

The evidence established that respondent was receiving social security benefits of $350-400 per month and managed her own funds. It appears respondent had rented a room subsequent to her last discharge.

After reviewing the testimony, the trial court noted respondent’s inappropriate statements and behavior during the hearing and stated it believed respondent could not care for herself. The trial court admitted her to Central Louisiana State Hospital as being gravely disabled and in need of involuntary confinement and treatment.

Legal Principles

A judicial commitment of a mentally ill person pursuant to La.R.S. 28:54 is a civil exercise of the state’s police power. It is neither a criminal proceeding nor a formal interdiction proceeding affecting the property rights of the person committed. Before the respondent may be subjected to a judgment of civil commitment, the petitioner must show by clear and convincing proof that respondent is dangerous to himself or to others or is gravely disabled as a result of substance abuse or mental illness. By clear and convincing evidence is meant a standard more than a “preponderance” but less than “beyond a reasonable doubt”. Therefore, the evidence at a commitment proceeding must establish at least one of three statutory justifications for institutionalization. Along with the statute, federal constitutional guarantees also mandate an enhanced level of proof. Because a person is deprived of liberty by involuntary commitment, the evidence must be reviewed for strict adherence to the high standard of proof required by constitutional and statutory law, notwithstanding the great weight appellate courts must give to the trial court’s factual findings. Although the lower court’s findings are entitled to great weight, the appellate court must, considering the constitutional rights involved, review the evidence presented and strictly require that it meet the high standards enunicated by law. Matter of M.M., 552 So.2d 528 (La.App. 2d Cir.1989); State v. A.C., 543 So.2d 133 (La.App. 2d Cir.1989); Matter of K.G., 531 So.2d 575 (La.App. 2d Cir.1988); Matter of L.M.S., 476 So.2d 934 (La.App. 2d Cir.1985); Matter of Commitment of VA, 463 So.2d 998 (La.App. 3d Cir.1985), and Commitment of Malvo, 343 So.2d 1178 (La.App. 3d Cir.1977), application denied, 346 So.2d 207 (La.1977).

Judicial Commitment

On appeal respondent argues that the trial court erred in finding that the clear and convincing standard was met to show respondent was gravely disabled and in ordering her judicial commitment.

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

Related

In re H.W.
644 So. 2d 225 (Louisiana Court of Appeal, 1994)
State in Matter of BW
566 So. 2d 1094 (Louisiana Court of Appeal, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
566 So. 2d 1094, 1990 La. App. LEXIS 2020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-re-bw-lactapp-1990.