In re R.F.

• Decision Date: 05 March 2013
• Docket Number: No. DA 12–0433.,DA 12–0433.
• Citation: 369 Mont. 236,296 P.3d 1189
• Parties: In the Matter of R.F., Respondent and Appellant.
• Court: Montana Supreme Court

369 Mont. 236

296 P.3d 1189

In the Matter of R.F., Respondent and Appellant.

No. DA 12–0433.

Supreme Court of Montana.

Submitted on Briefs Jan. 31, 2013.

Decided March 5, 2013.

For Appellant: Wade Zolynski, Chief Appellate Defender; Nicholas Domitrovich, Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General; Mardell Ployhar, Assistant Attorney General, Helena, Montana, Scott Twito, Yellowstone County Attorney; Mark English, Deputy County Attorney, Billings, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 R.F. appeals an order of the District Court for the Thirteenth Judicial District, Yellowstone County, involuntarily committing him to the Montana State Hospital (MSH). We affirm.

¶ 2 We address the following issues on appeal:

¶ 3 1. Whether there was sufficient evidence presented for the District Court to determine that R.F. required commitment because he was either unable to care for his basic needs or was a threat to others.

¶ 4 2. Whether R.F. received ineffective assistance of counsel.

¶ 5 R.F. raises a third issue contending there was insufficient evidence to support an order authorizing the involuntary administration of medication. While the District Court makes a finding of fact that R.F. “needs the involuntary admission of medication to improve his mental state,” there are no provisions contained in the District Court's order which authorize the involuntary administration of medication to R.F. Additionally, the State concedes that the record does not support such a provision. Accordingly, this Court will not address whether an order for involuntary administration of medication was correct.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 6 On June 15, 2012, the Yellowstone County Attorney's Office filed a petition for involuntary commitment of R.F. The District Court reviewed the petition and determined that there was probable cause to believe R.F. suffered from a mental disorder, and that R.F. met the statutory criteria for involuntary commitment. The court appointed counsel to represent R.F., ordered R.F. detained at the Billings Clinic Psychiatric Center pending resolution of the petition, and set an initial hearing on the petition for June 18, 2012.

¶ 7 At the initial hearing, the court advised R.F. of his rights pursuant to the petition, appointed Robert W. McDermott, MD, as the professional person to evaluate R.F., and set an evidentiary hearing for June 21, 2012. Dr. McDermott filed his report with the court on June 20, 2012.

¶ 8 On June 21, 2012, the court conducted the evidentiary hearing on the petition. Billings Police Officer Harley Cagle (Officer Cagle) testified that he responded to Albertson's grocery store for someone who believed they had been assaulted. Officer Cagle entered the store and walked to the back where he found R.F. on the phone. R.F. was very excited and upset. R.F. immediately began to relate that two black men just tried to kill him. R.F. started pointing at people throughout the store indicating that they were part of “it” and that particular people were on methamphetamines. R.F. explained to Officer Cagle that he worked with the Bureau of Alcohol, Tobacco, and Firearms (ATF) and that a large shipment of methamphetamines was coming which R.F. needed to stop. Officer Cagle testified that it was apparent R.F. was suffering from a mental illness because his thoughts were chaotic, he was incoherent and delusional, and R.F. kept switching from one story to another. Officer Cagle described that he “couldn't get through” to R.F. or calm him down. Based upon R.F.'s behaviors, Officer Cagle was afraid R.F. would hurt himself or someone else. It was apparent to Officer Cagle that R.F. needed to be evaluated for a mental disorder.

¶ 9 Officer Cagle further testified that Officer Wanchena arrived at Albertson's and assisted Officer Cagle. Officer Cagle learned from Officer Wanchena that a similar disturbance with R.F. had occurred a week earlier. Despite the officers' efforts, R.F.'s delusional state and fearfulness continued and could not be quieted. When the officers patted R.F. down for transport, R.F. thought a sniper was attempting to shoot him and he tried to protect himself by leaning down next to the patrol vehicle. Once in the vehicle, R.F. laid down in the back seat so that he would not be exposed to any attack.

¶ 10 R.F. was transported to the Billings Clinic Psychiatric Center where he was evaluated by Dr. McDermott, a psychiatrist and the medical director of the Psychiatric Center.Dr. McDermott has been a board certified psychiatrist since 1984, having received his medical training at Yale Medical School, Johns Hopkins University, and Sheppard Pratt Hospital. There was no challenge to Dr. McDermott's credentials or his qualifications as a professional person.

¶ 11 Dr. McDermott testified he first encountered R.F. in the emergency room. R.F. was lying naked on the cart and partially covered by a sheet. R.F. was actively masturbating. Dr. McDermott related that R.F. had been very threatening towards the emergency room staff, was confrontational, and was “quite difficult to deal with.” Dr. McDermott described R.F. as “overtly psychotic and delusional.” Particularly, R.F. expressed multiple delusions, had a “flight of ideas,” and changed subjects repeatedly from one topic to another. Dr. McDermott soon learned that R.F.'s major delusions centered around amphetamines and drugs, and that R.F. believed he worked with the Drug Enforcement Agency and the FBI. R.F.'s secondary delusions included having massive wealth and owning homes across the country. Additionally, R.F. was fearful and paranoid of people trying to harm him. Dr. McDermott opined that R.F. suffered from severe psychosis, likely a bipolar or manic-depressive disorder, and has likely suffered from the illness for a long period of time.

¶ 12 It was Dr. McDermott's medical opinion that because of R.F.'s lack of insight and the severity of his mental disorder, R.F. would be unable to follow through with his treatment regimen and, in very short order he would be back in the same condition he was in upon his admission. Dr. McDermott opined that R.F. could not “sustain himself” if his condition were left untreated and that R.F. would be a threat to others. Dr. McDermott based his opinion, in part, on the condition of R.F.'s feet when admitted, that R.F. was homeless and appeared to have no resources, and R.F.'s fearfulness and paranoia. Due to the severity of R.F.'s illness, Dr. McDermott indicated there was nothing available in the community and that MSH would be the least restrictive environment for treatment.

¶ 13 R.F. testified in his own defense. R.F. indicated that the incident at Albertson's occurred when “two brothers that had beaten [him] up that morning” approached him at the meat counter. R.F. testified he was scared and started yelling “[t]hese guys are trying to beat me up.” R.F. alluded to their use of meth and that there were hundreds of them—“just waves of these methamphetamine addicts”—coming to look at him. R.F. also testified about difficulties with his family and represented that his family has a restraining order against him.

ISSUE 1.

¶ 14 Whether there was sufficient evidence presented for the District Court to determine that R.F. required commitment because he was either unable to care for his basic needs or was a threat to others.

¶ 15 A. Standard of Review.

¶ 16 We review a district court's order of commitment “to determine whether the court's findings of fact are clearly erroneous and its conclusions of law are correct.” In re Mental Health of L.K.-S., 2011 MT 21, ¶ 14, 359 Mont. 191, 247 P.3d 1100. A finding of fact is clearly erroneous if “it is not supported by substantial evidence, if the district court misapprehended the effect of the evidence or if, after a review of the entire record, we are left with the definite and firm conviction that a mistake has been made.” L.K.-S., ¶ 14; see also In re C.R., 2012 MT 258, ¶ 12, 367 Mont. 1, 289 P.3d 125.

¶ 17 We require “strict adherence” to the statutory scheme governing involuntary commitment due to the “critical importance” of the constitutional rights at stake. L.K.-S., ¶ 15 (citing In re Mental Health of C.R.C., 2004 MT 389, ¶ 16, 325 Mont. 133, 104 P.3d 1065;In re Mental Health of T.J.D., 2002 MT 24, ¶ 20, 308 Mont. 222, 41 P.3d 323).

¶ 18 Finally, an appeal from an order of involuntary commitment is not moot despite the appellant's release, since the issues are capable of repetition and the matter would otherwise escape review. C.R., ¶ 14 (citing In re Mental Health of D.V., 2007 MT 351, ¶ 32, 340 Mont. 319, 174 P.3d 503).

¶ 19 B. Analysis.

¶ 20 The standard of proof for a commitment hearing, set forth in § 53–21–126(2), MCA, is for all physical facts and evidence to be proven beyond a reasonable doubt and all other matters to be proven by clear and convincing evidence, with the exception of mental disorders which must be proven to a reasonable degree of medical certainty.

¶ 21 At the trial on a petition for involuntary commitment, a court must first determine whether the respondent suffers from a mental disorder as defined in § 53–21–102(9), MCA. Section 53–21–126(1), MCA. R.F. does not contest the District Court's finding that he suffers from a mental disorder.

¶ 22 Upon a finding that a person suffers from a mental disorder, the court must next determine whether one of the following criteria has been met:

(a) whether the respondent, because of a mental disorder, is substantially unable to provide for the respondent's own basic needs of food, clothing, shelter, health, or safety;

(b) whether the respondent has recently, because of a mental disorder and through an act or an omission, caused self-injury or injury to others;

(c) whether, because of a mental disorder, there is an imminent threat of injury to the respondent or to others because of the respondent's...