Piotter v. Steffen, C0-92-957

• Decision Date: 29 September 1992
• Docket Number: No. C0-92-957,C0-92-957
• Citation: 490 N.W.2d 915
• Parties: Roger A. PIOTTER, Respondent, v. Natalie Haas STEFFEN, Commissioner of Human Services, Appellant.
• Court: Minnesota Court of Appeals

Page 915

490 N.W.2d 915

Roger A. PIOTTER, Respondent, v. Natalie Haas STEFFEN, Commissioner of Human Services Appellant.

No. C0-92-957.

Court of Appeals of Minnesota.

Sept. 29, 1992.

Review Denied Nov. 17, 1992.

Syllabus by the Court

Where the overwhelming weight of the evidence supports denial of the patient's petition for transfer to an open hospital, the decision by the judicial appeal panel authorizing the transfer will be reversed.

Reversed.

Jon R. Duckstad, St. Paul, David E. Schauer, Sibley County Atty., Winthrop, for respondent.

Hubert H. Humphrey III, Atty. Gen., William H. Mondale, Spec. Asst. Atty. Gen., St. Paul, for appellant.

Considered and decided by HUSPENI, P.J., and NORTON and FOLEY, ^* JJ.

OPINION

NORTON, Judge.

Respondent Roger A. Piotter, who is committed as mentally ill and dangerous to the Minnesota Security Hospital, petitioned for transfer to an open hospital. The special review board recommended the transfer, but the Commissioner denied the petition. Respondent petitioned for rehearing and reconsideration. After a hearing, the judicial appeal panel authorized the transfer with one judge dissenting. The Commissioner appeals, and we reverse.

FACTS

Respondent, who suffers from a bi-polar disorder, is committed to the Minnesota Security Hospital. He is classified as mentally ill and dangerous. Respondent was committed to the hospital on November 14, 1990 for an indeterminate period. This appeal concerns whether respondent should be transferred to a different hospital.

In 1986, respondent received out-patient treatment at a mental health center for his disorder. The symptoms of his disorder had included extreme verbally and physically abusive behavior.

Respondent was discharged from the Willmar Regional Treatment Center on April 14, 1990. As part of his after-care program, he agreed to a behavioral contract which precluded him from living with his wife until a counselor determined it was appropriate. However, immediately following his discharge, respondent violated this contract and began residing with his wife without any determination by a counselor.

Respondent was verbally and physically aggressive toward his wife. He advised his wife continuously that he was going to give her five weeks of hell because he had been at Willmar for five weeks. He also advised her that he was going to "get even" with her and that he would get her committed. Respondent became obsessed with sexual matters and forced himself on his wife, giving as the reason that he was making up for the five weeks that he spent at Willmar.

On the day of his release, respondent found an old broom handle, and told his children he was going to use it on their mother. He then sought to get his wife in bed. When she refused, he slapped her on the side of the face three times, pulled her hair, knocked off her glasses, and hit her in the eye. When he finally succeeded in getting his wife into bed, respondent sexually abused her for two hours. He discussed poking a hot rod into her vagina and did insert the cut-off broom handle into her vagina.

On several occasions, respondent threatened his wife with death if she informed the police of his conduct. He also committed other acts of violence including choking his wife.

Respondent's actions eventually came to the attention of the authorities and he was charged with criminal sexual conduct in the first degree, fifth degree assault, and terroristic threats. These charges were dropped when appellant was later committed.

A petition was filed to commit respondent as mentally ill and dangerous. Following a hearing and a review, respondent was committed for an indeterminate period as mentally ill and dangerous on November 14, 1990.

Respondent later petitioned for transfer to an open hospital. On December 18, 1991, following a hearing, the special review board recommended a transfer. On February 11, 1992, the Commissioner rejected the recommendation, and ordered that respondent's petition be denied. Respondent petitioned for rehearing and reconsideration. On April 10, 1992, a hearing was held before the three-judge judicial appeal panel.

At the hearing, respondent testified that he is aware of his bi-polar disorder, and that he must take medication to control his mood swings. He stated that if transferred, he would take his medication and cooperate with the staff.

Respondent's wife testified that she intends to remain married to respondent and supports his transfer to an open hospital. She acknowledged that respondent has mood swings and that she continues to feel intimidated by him, especially when he is under pressure.

Dr. John Austin, a psychologist, testified in support of the transfer. He interviewed respondent at his attorney's request and read his chart, but has not treated him. Austin diagnosed respondent with bi-polar disorder, mixed, in partial remission, but did not believe appellant is presently dangerous.

Austin noted that while the security hospital has been reasonably successful in helping respondent understand the nature of his behavior and illness, it is time to focus on the dynamics of the relationship between respondent and his family and the general community. Austin believed the open hospital would be more conducive to this process, and respondent would be more accepting of it. In the current setting, respondent sees himself as not only receiving treatment, but as being incarcerated.

Testimony was also presented in opposition to the transfer. Respondent's social worker, Susan Hamilton, testified that respondent has not improved sufficiently to be released.

Dr. Stanley Shapiro, a psychiatrist who has seen respondent at least monthly since April 1991, diagnosed respondent as suffering from a bi-polar disorder, with partial remission. Shapiro characterizes respondent's partial remission as fragile. Shapiro specifically disagreed with Austin's testimony on several points. While respondent is in partial remission, he is unstable and could have a reoccurrence under stress. Shapiro noted respondent was not adjusting to the stress of moving to a less restrictive unit within the security hospital and concluded it likely that he would not adjust to an open hospital. Shapiro also disagreed with the testimony of Dr. Austin that merely transferring him to an open hospital would make him feel he is not being punished. Shapiro testified respondent does not always follow rules and questioned whether he would remain at the open hospital.

Shapiro believed that the security hospital is the best clinical facility to meet respondent's needs. It provides the support and security he needs to gain an understanding of his mental illness, to develop an understanding of other ways of dealing with his anger, and to prepare him for the open hospital.

Dr. Arnoldus Gruter, a psychologist who is responsible for monitoring respondent's psychological needs and goals, testified respondent is a very dangerous person. Respondent admits very superficially that he has a mental illness, but lacks insight and misunderstands and misinterprets his past maladaptive behavior, especially his extremely dangerous behavior towards his wife. Gruter disagreed with Dr. Austin's opinion that respondent should be transferred to an open hospital and testified that transfer at this point might prompt further dangerous activity. Gruter acknowledged that respondent has shown some insight, and it was likely he would take medication at the open hospital.

The majority of the judicial appeal panel found that respondent's treatment needs, including domestic counseling, can be met at an open hospital and that it can be accomplished with a reasonable degree of safety for the public. It ordered his transfer to the open hospital. One judge dissented and would have denied the petition to transfer.

The Commissioner appeals. Respondent filed a brief in support of the appeal panel's decision, and the county filed a brief in opposition to the decision.

ISSUE

Were the judicial appeal panel's findings clearly erroneous and contrary to the evidence taken as a whole?

ANALYSIS

Respondent was committed as mentally ill and dangerous for an indeterminate period to the Minnesota Security Hospital. Minn.Stat. Sec. 253B.18, subd. 3 (1990). One who is committed as mentally ill and dangerous may be transferred only as provided in this section. Id.

Respondent petitioned for transfer to an open hospital. Minn.Stat. Sec. 253B.18, subd. 5 (Supp.1991). Persons who have been found to be mentally ill and dangerous shall not be transferred unless it appears to the satisfaction of the Commissioner, after a favorable recommendation by the majority of the special review board, that the transfer is appropriate. Minn.Stat. Sec. 253B.18, subd. 6(a) (1990).

The statute sets out five factors to be considered in determining whether a transfer is appropriate.

(i) the person's clinical progress and present treatment needs;

(ii) the need for security to accomplish continued treatment;

(iii) the need for continued institutionalization;

(iv) which facility can best meet the person's needs; and

(v) whether transfer can be accomplished with a reasonable degree of safety for the public.

Id. The special review board recommended the petition for transfer to an open hospital be granted. The Commissioner denied the petition.

The statute authorizes the patient to then petition a three-judge judicial appeal panel for rehearing and reconsideration of the decision by the Commissioner. Minn.Stat. Sec. 253B.19, subd. 2 (Supp.1991). The hearing is de novo. Id. The petitioner has the burden of proof by a preponderance of the evidence. Linder v. Commissioner of Human Servs., 394 N.W.2d 824, 827 (Minn.App.1986). The order of the appeal panel...