State v. A.S.

138 Wash. 2d 898
CourtWashington Supreme Court
DecidedSeptember 9, 1999
DocketNo. 66997-0
StatusPublished
Cited by65 cases

This text of 138 Wash. 2d 898 (State v. A.S.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. A.S., 138 Wash. 2d 898 (Wash. 1999).

Opinions

Talmadge, J.

— Three individuals subject to detention under chapter 71.05 RCW, the involuntary civil commitment act (the Act), challenge the propriety of their 14-day [901]*901involuntary confinements. Each claims the social worker who testified to the bases for their confinement lacked the qualifications to testify about their alleged mental disorders. Sheldon and Lucas also claim the trial court should have dismissed their petitions because the statutorily required signatories had not signed them.

We hold, under the unique circumstances of the Sheldon and Lucas petitions, the statutory signature requirements for the 14-day confinement petition were met because a physician, as promised in the petition, provided an affidavit in support of each petition before the confinement hearing in lieu of her signature on the petition. We farther hold a social worker is not disqualified as a matter of law from rendering an opinion as to the presence of a mental disorder in a person subject to a 14-day confinement, provided the social worker otherwise qualifies as an expert and the opinion meets the requirements of ER 702 and 703. We affirm the decision of the Court of Appeals sustaining all three 14-day confinements.

ISSUES

1. Should the trial court have dismissed the Lucas and Sheldon petitions because of the lack of a physician’s signature?

2. Was a social worker’s opinion as to whether the three individuals suffered from a mental disorder admissible?

FACTS

A. INVOLUNTARY CONFINEMENT OF ARNOLD SHELDON (A.S.)

On March 11, 1997, the San Juan County Designated Mental Health Professional (CDMHP),1 Robert LeBeau, [902]*902sought emergency detention for Arnold Sheldon. The CD-MHP’s Notice of Emergency Detention stated:

Mr. Sheldon is an 86 year old Caucasian male who was evaluated for involuntary mental health treatment at the request of Charles Silverman, the San Juan County Prosecuting Attorney. Mr. Sheldon has been arrested 14 times in the last 4 months for a variety of charges. These charges were filed after he sent numerous sexually suggestive notes to a next door neighbor and has gone repeatedly to a local paper, The Journal of the San Juans, telling the staff that he now owned the paper and that they needed to leave. Mr. Silverman also reports that Joan Sheldon, the respondent’s wife, has stated to him that Mr. Sheldon has been violent toward her and has threatened to kill her. [Sentence deleted in original]. I did, however, consult with Elizabeth Forsman, who has received numerous letters from Mr. Sheldon, and Dr. Jack Crawford, who had evaluated Mr. Sheldon’s competence to stand trial. I also interviewed Mr. Sheldon.
•Mr. Sheldon presented as disheveled and somewhat dirty He appeared to have feces on his pants. He was generally cooperative with the interview and was oriented to person, place and time. He denied threatening his wife but he did state that she had lied about him in court in order to become his guardian. He did not deny that he had written sexually suggestive notes to Ms. Forsman and stated that he had been sending them to another neighbor as well. He reported that he had done this because “those women are loaded with estrogen—it makes them do crazy things.” He acknowledged that he had been court ordered to stop writing those letters but that he had not because 1) the women involved had not asked him directly to stop; and 2) “because they’re making such fools of themselves.” In consulting with Ms. Forsman, she reports that she is very afraid of Mr. Sheldon, that his notes contain threats to rape her, and that she has had the locks changed in her house out of fear of being harmed by Mr. Sheldon.
During the interview Mr. Sheldon repeated that he owned the Journal of the San Juans, having purchased the paper for $1.00 last December. He felt that the charges against him for harassment, telephone harassment and criminal trespassing were unwarranted as he owns the paper.
[903]*903Mrs. Joan Sheldon was also contacted as a part of this evaluation. . . . She reports that Mr. Sheldon has become increasingly erratic in his thinking and his behavior. He has told friends in town that he is going to kill her. She also reports that he frequently leaves burners on with their stove and that she is concerned he will burn himself and/or their home.
Dr. Crawford reports that Mr. Sheldon is delusional, a danger to himself and is not competent to stand trial.
Based on these facts, Mr. Sheldon was detained as a danger to self, others, and gravely disabled.

Clerk’s Papers (Sheldon) at 1-2. LeBeau filed the Notice of Emergency Detention pursuant to RCW 71.05.150(l)(a), which authorizes a CDMHP to file a petition for initial detention when a person with a mental disorder presents a likelihood of serious harm or is gravely disabled.

Sheldon was briefly hospitalized for a nonpsychiatric medical condition pursuant to RCW 71.05.210, and three days later, on Friday, March 14, 1997, a mental health professional for Skagit County filed a petition for 14 additional days of confinement for Sheldon pursuant to RCW 71.05.230, alleging much the same conduct as the Notice of Emergency Detention. The petition was signed only by Bruce Work, MSW, as the petitioner. In the space designated for the signature of a physician, Work wrote, “In expectation of psychiatrist’s affidavit.” Clerk’s Papers at 6-8. In the petition, Work alleged the following:

Respondent was detained following a series of incidents and arrests over a several month period that indicated a potential danger to others and a loss of cognitive and volitional control. His wife states that she has moved out due to his threatening behavior, but he is not able to care for himself (leaves burners on, def[e]cates in strange places, unable to manage money). When interviewed, Respondent acknowledges his bizarre and antisocial behavior, but insists it is appropriate and normal. Respondent suffers from a mental disorder that causes him to be gravely disabled. No less restrictive options.

Clerk’s Papers at 6-7.

[904]*904On Monday, March 17, 1997, at the beginning of the 14-day confinement hearing before Skagit County Court Commissioner Dave Needy, acting as a judge pro tempore of the Skagit County Superior Court, the State introduced the affidavit of Dr. Kathryn Neracs, a psychiatrist on the staff of the treatment facility in which Sheldon was confined.2 Dr. Neracs’ evaluation averred:

I am a psychiatrist at North Sound E&T [Evaluation & Treatment], and have evaluated Mr. Arnold Sheldon today, 3-14-97. He was admitted to NSd E&T on 3-12-97. He was detained as GD, DTO, DTS. He was detained following a series of incidents and arrests over a several month period, with bizarre and threatening behavior. The first day at NSD Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
138 Wash. 2d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-as-wash-1999.