Frederickson, Matter of, C8-85-1514
| Citation | 376 N.W.2d 736 |
| Decision Date | 31 October 1985 |
| Docket Number | No. C8-85-1514,C8-85-1514 |
| Parties | In the Matter of Jayne FREDERICKSON. . Certification |
| Court | Court of Appeals of Minnesota |
Syllabus by the Court
The trial court properly denied appellant's motion to dismiss, since the treatment report filed by the hospital was legally sufficient. Appellant failed to demonstrate the trial court erred by refusing to appoint a guardian ad litem. The constitutionality of the order for indeterminate commitment is certified.
Thomas L. Johnson, Hennepin Co. Atty., John R. Owen, Asst. Co. Atty., Minneapolis, for respondent.
Patrick W. Kelly, Minneapolis, for appellant.
Considered and decided by POPOVICH, C.J., and LESLIE and NIERENGARTEN, JJ., with oral argument waived.
Appellant Frederickson has resided at Faribault State Hospital as a ward of the state since 1968. She was committed as a mentally retarded person on January 16, 1985. A review hearing was held on July 23, 1985. Appellant argued indeterminate commitment is unconstitutional and moved for dismissal or appointment of a guardian ad litem. The trial court denied appellant's motions and ordered commitment for an indeterminate period. This appeal followed.
Jayne Frederickson is 29 years old and profoundly retarded. Although a precise measurement of her intelligence is difficult, Frederickson's behavioral age has been tested at nine to 10 months. Her ability to express herself is estimated at less than the level of a six month old. She requires constant care and supervision.
Following initial commitment in January, an annual program review was conducted on March 7, 1985. A report to the court dated March 12 was signed by the medical director of Faribault State Hospital and by senior social worker Linda Van Lear. An additional report, dated April 3, was signed by senior social worker Linda Flint, who testified at the review hearing. A final report, submitted July 8, discussed the results of appellant's annual program review.
The reports discussed appellant's diagnosis, the tests which led to the diagnosis, the treatment goals and methods adopted to improve appellant's behavior, and appellant's future needs. The hospital reported Frederickson could only be discharged to a facility with staff, programming and supervision similar to that available at the state hospital. No possibilities for alternative placement in the community existed at the time of the review hearing.
A second examiner, Richard Amado, reported Frederickson is profoundly retarded, cannot care for herself, and poses a danger by her self-injurious behavior. Amado questioned the adequacy of treatment at Faribault, although he did not recommend a specific alternative placement.
1. Did the trial court err by denying appellant's motion to dismiss for failure to
file a sufficient six-month treatment report?
2. Did the trial court err by denying appellant's request for appointment of guardian ad litem?
3. Is indeterminate commitment constitutional?
1. Before the six month review hearing, the treating facility must file a report, setting forth the patient's diagnosis, anticipated discharge date, and treatment plan, together with supporting data. Minn.Stat. Sec. 253B.12, subd. 1 (1984). If a written report is not timely filed or the report describes the patient as not in need of further institutionalization, the commitment proceedings must be terminated and the patient discharged. Id. subd. 2.
Appellant argues the reports filed by Faribault State Hospital lacked "the anticipated discharge date," "a detailed description of the discharge planning process with suggested after care plan," and failed to set forth "whether any further care and treatment must be provided in a treatment facility with evidence to support the response." Id. subd. 1. In fact, the reports indicate discharge planning is continuing, but Frederickson cannot be discharged until her behavior improves (which will require years of intensive programming) and an appropriate facility has an opening. Social worker Flint testified no community facility will currently accept Frederickson. In the meantime, the reports recommended continued commitment to Faribault State Hospital, since Frederickson cannot care for herself and requires programming and constant supervision. The reports satisfied the statutory requirements and the trial court properly denied appellant's motion to dismiss.
2. Appellant sought appointment of a guardian ad litem. Guardians are not ordinarily appointed in commitment proceedings, "unless the interests of justice so require." Minn.R.Civ. Commitment 13.01. Appellant argued due process required appointment of a guardian ad litem to monitor annual reports and evaluate the best interests of the patient. However, patient treatment and placement are already monitored by the treating facility and county case management personnel. Patient advocates at the state hospitals assist patients in securing the rights guaranteed by statute and regulation. Counsel is appointed upon the filing of a commitment petition, and "shall continue to represent (the patient) in all proceedings ... unless and until permitted to withdraw by the court." Minn.R.Civ. Commitment 4.02. Appellant's counsel failed to explain how appointment of a guardian ad litem will afford further protection to the patient.
"The commitment process is not the forum in which to enforce rights to case management and...
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Harhut, Matter of
...Subsequent cases have directly raised the due process issue. See In re Desmond, 381 N.W.2d 57 (Minn.Ct.App.1986); In re Frederickson, 376 N.W.2d 736 (Minn.Ct.App.1985). We shall address in this case the constitutionality of section 253B.13 on both equal protection and due process The issues......
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Desmond, Matter of
...context, we recently affirmed a trial court's refusal to appoint a guardian ad litem for a retarded patient. In re Frederickson, 376 N.W.2d 736, 738 (Minn.Ct.App.1985). Counsel in this case also failed to establish the absence of a guardian ad litem in any way results in a risk to Desmond o......