Herring v. Maddox

Decision Date16 April 2021
Docket Number2200328
Parties Tammy P. HERRING v. Craig MADDOX, as court-liaison officer for East Central Mental Health Center
CourtAlabama Court of Civil Appeals

336 So.3d 662

Tammy P. HERRING
v.
Craig MADDOX, as court-liaison officer for East Central Mental Health Center

2200328

Court of Civil Appeals of Alabama.

April 16, 2021


Casimir Christian Lukjan of Asharp Law Firm, LLC, Troy, for appellant.

K. Nickie Bateman, Troy, for appellee.

FRIDY, Judge.

Tammy P. Herring ("Tammy") appeals from a judgment of the Pike Probate Court ("the probate court") involuntarily

336 So.3d 663

committing her to the custody of the Alabama Department of Mental Health ("the department") for inpatient mental-health treatment for a period of up to 150 days and providing that she would remain at Troy Regional Medical Center – Senior Behavioral Care Center ("Troy Medical Center") until a bed became available at one of the department's treatment facilities. We affirm.

Background

Tammy is 57 years old and has a history of mental illness. In the mid-1990s, the Montgomery Probate Court appointed her father as her guardian, a role in which he continues presently. In November 2020, officers of the Montgomery Police Department picked up Tammy and transported her to Baptist Medical Center East in Montgomery for mental-health treatment; however, she was subsequently transferred to Troy Medical Center because the hospitals in Montgomery did not have room for her because of the COVID-19 pandemic. At Troy Medical Center, she was interviewed by Craig Maddox, who is a licensed professional counselor employed by East Central Mental Health Center and serves as a court-liaison officer. Maddox determined that Tammy was in need of inpatient mental-health treatment, but, because Tammy does not believe that she has a mental illness, she declined to be treated. Therefore, on November 24, 2020, Maddox filed a petition in the probate court seeking her involuntary commitment for inpatient mental-health treatment.

That same day, the probate court appointed an attorney to represent Maddox as the petitioner; appointed a guardian ad litem for Tammy; set a probable-cause hearing for December 1, 2020; entered an emergency order directing that Tammy continue to be held and treated until the probable-cause hearing; and ordered a psychiatric evaluation of Tammy. On December 1, 2020, the probate court held the probable-cause hearing by video conference. On December 3, 2020, the probate court entered an order determining that probable cause existed to hold Tammy pending a final hearing. On December 10, 2020, the probate court held a final hearing by video conference.

Before the probate court began receiving evidence at the final hearing, Tammy's guardian ad litem made an oral motion to dismiss the action based on his contention that the probate court did not have personal jurisdiction over Tammy because, the guardian ad litem said, she was not a resident of Pike County and had been involuntarily transported to Pike County. The probate court denied that motion and then proceeded to receive evidence ore tenus.

Dr. Saeed Shah, a psychiatrist, testified that Tammy suffers from chronic schizophrenia with acute psychosis, which is a treatable mental illness. Dr. Shah testified that Tammy's ability to function independently would continue to deteriorate if her mental illness was not treated, that Tammy lacked the ability to make an informed and rational decision regarding whether treatment for her mental illness would be desirable, that Tammy posed a real and present threat of substantial harm to herself and others, that he recommended inpatient mental-health treatment for Tammy, and that such treatment would be the least restrictive alternative available for treatment of Tammy's mental illness.

Maddox also testified that Tammy posed a real and substantial danger to herself and others and that she needed inpatient mental-health treatment. He further testified that the department did not then have a bed available for Tammy but that Troy Medical Center was willing to treat Tammy until a bed became available for her at

336 So.3d 664

one of the department's treatment facilities.

Tammy's father testified that Tammy has had a long history of mental illness and that he had been appointed to serve as her guardian by the Montgomery Probate Court in 1995 because of her mental illness. He said that the Montgomery Probate Court had also involuntarily committed Tammy on several occasions, with the most recent commitment having been in the preceding year. He testified that Tammy does not believe that she has a mental illness and that,...

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