Radulski for Taylor v. Delaware State Hosp. for and on Behalf of Div. of Alcoholism, Drug Abuse and Mental Health, of Dept. of Health and Social Services

• Decision Date: 22 April 1988
• Citation: 541 A.2d 562
• Parties: Raymond RADULSKI, guardian ad litem for Mary Louise TAYLOR, a person adjudged mentally ill, Respondent Below, Appellant, v. DELAWARE STATE HOSPITAL, a Facility of, and for and on behalf of, the DIVISION OF ALCOHOLISM, DRUG ABUSE AND MENTAL HEALTH, OF the DEPARTMENT OF HEALTH AND SOCIAL SERVICES, State of Delaware, Petitioner Below, Appellee. . Submitted:
• Court: Supreme Court of Delaware

Page 562

541 A.2d 562

Raymond RADULSKI, guardian ad litem for Mary Louise TAYLOR, a person adjudged mentally ill, Respondent Below, Appellant,

v.

DELAWARE STATE HOSPITAL, a Facility of, and for and on

behalf of, the DIVISION OF ALCOHOLISM, DRUG ABUSE AND MENTAL

HEALTH, OF the DEPARTMENT OF HEALTH AND SOCIAL SERVICES,

State of Delaware, Petitioner Below, Appellee.

Supreme Court of Delaware.

Submitted: April 22, 1988.

Decided: May 17, 1988.

Donn Devine, Esquire, Wilmington, on behalf of respondent below, appellant.

Robert B. Walls, Jr., Wilmington, on behalf of petitioner below, appellee.

Before HORSEY, WALSH and HOLLAND, JJ.

HOLLAND, Justice:

The appellant, Raymond Radulski ("Radulski"), is an attorney who was appointed by the Superior Court to act as the guardian ad litem for Mary Louise Taylor ("Taylor"). Following a hearing on June 17, 1987, the Superior Court issued an order dated June 19, 1987, finding Taylor to be mentally ill and committing her involuntarily to the Delaware State Hospital (the "Hospital") pursuant to the provisions of 16 Del. C. ch. 50. The order was effective for a six-month period. At the end of six months, but prior to expiration of the order of commitment, the Superior Court was required to conduct a further hearing to ascertain whether Taylor should remain hospitalized. The guardian filed this appeal alleging that Taylor's commitment was neither necessary nor authorized by statute. ¹

On December 8, 1987, during the pendency of this appeal and as the six-month commitment period was about to expire, Radulski waived Taylor's right to the six-month hearing. That waiver was executed without judicial approval and was not made known to the Superior Court. Thus, the original order of commitment expired while this appeal was pending. On April 22, 1988, the Superior Court executed an order which extended, nunc pro tunc, the duration of the June 19, 1987 commitment order until this appeal had been decided.

Without reaching the merits of the appeal from the June 19, 1987 order, this Court finds that an appeal of that order is moot because the order, by its original terms, has expired. Furthermore, this Court finds that the Superior Court was without jurisdiction to extend, nunc pro tunc, the duration of an expired order.

Procedural History

Taylor is a thirty-five year-old unmarried woman with a history of previous hospital admissions for mental illness. On February 5, 1987, Taylor was admitted as a voluntary patient to the Hospital. ² After seven weeks of treatment without improvement, Taylor demanded to be released. The Hospital initiated involuntary commitment proceedings on April 8, 1987, but dismissed them on April 23, 1987 when Taylor executed a second voluntary commitment certificate. On April 27, 1987, Taylor again demanded to be released. The Hospital provisionally admitted her as an involuntary patient on May 1, 1987 and immediately initiated the proceedings which are the subject matter of this appeal.

On June 17, 1987, the Superior Court conducted a hearing, pursuant to 16 Del. C. § 5010, ³ to determine whether Taylor was mentally ill. Based on the testimony at the hearing, the Superior Court adjudged Taylor to be mentally ill. On June 19, 1987, it ordered Taylor to remain an involuntary patient at the Hospital. The Superior Court's order provided in part:

This Order follows an initial hearing to determine Respondent's mental illness, and is effective for a period of six months, pursuant to Section 5012(a), Title 16, Delaware Code. On the expiration of six months, and earlier if the Respondent again requires hospitalization, the Division [of Alcoholism, Drug Abuse and Mental Health] shall report to the Court its opinion as to whether Respondent is still a mentally ill patient in need of involuntary treatment, and if so, the court will order a further hearing at the earliest practicable date.

(Emphasis added). ⁴ Early in December of 1987, the Hospital's attorney contacted Radulski's attorney by telephone to inform him that a petition would be filed with the Superior Court to schedule the court ordered six-month hearing to review Taylor's condition. After consulting with his lawyer, Radulski, as Taylor's guardian, sent a letter to the Hospital's attorney. It was dated December 8, 1987 and stated, in part, as follows:

After consultation with Mr. Devine [Radulski's attorney], we have determined not to exercise Miss Taylor's right to a six month hearing under 16 Del.C. Chpt. 50 at this time. This in no way waives our right to exercise this option in the future.

As a consequence of this letter, the Hospital's attorney did not file a petition for a hearing with the Superior Court. Therefore, the Superior Court never held a hearing, pursuant to 16 Del. C. § 5011(a), to determine whether the waiver of the six-month hearing should be approved. As a result of the waiver, which was never made known to the Superior Court, Taylor remained an involuntary patient at the Hospital. The Superior Court's order committing Taylor expired while this appeal was pending.

The reformation or extension of a Section 5010(2) order of commitment is a judicial function which may not be delegated by the court or assumed sua sponte by the Hospital. 16 Del.C. §§ 5011-5012. Cf. In re Lewis, Del.Supr., 403 A.2d 1115, 1120 (1979); James v. State, Del.Supr., 385 A.2d 725, 727 (1978). In this case, the Hospital failed to follow two separate and distinct statutory mandates. First, the purported waiver was not approved by the Superior Court as required by Section 5011(a), which provides:

An involuntary patient may waive any of the rights provided by this chapter if (i) the court determines that such waiver is voluntary and with the involuntary patient's knowing and intelligent consent, or if (ii) where the involuntary patient is incapable of knowingly and intelligently consenting, the court, upon application by counsel and after appropriate inquiry and finding of facts, approves such waiver for good cause shown. If the hearing provided for in § 5010 of this title is waived, the court shall enter an order of disposition in accordance with subdivision (2) of § 5010 of this title.

16 Del.C. § 5011(a) (emphasis added). Second, the Hospital was required to notify the Superior Court that Taylor's six-month commitment had expired and that she had not been discharged. Section 5012 provides:

§ 5012. Hospitalization.

(a) Duties of hospital upon involuntary patient's admission.--Upon the involuntary patient's admission to the hospital pursuant to court order, the hospital shall for a period not to exceed 6 months render treatment to the involuntary patient in accordance with professional standards. If by the expiration of 6 months the involuntary patient has not been discharged by the hospital, and if in the opinion of the hospital the involuntary patient is still a mentally ill person, the hospital shall so advise the court; and the court shall order a further hearing to be held at the earliest practicable date.

(b) Further hearing.--In any further hearing the procedural requirements of § 5006 of this title shall govern, and the court may make such findings and orders as are permitted by § 5010 of this title; provided, that the court may order that the involuntary patient's admission to the hospital be continued for an indefinite period, in which case the hospital shall report to the court at intervals not more than 6 months as to the continued need for involuntary hospitalization, and the court shall review the involuntary patient's status at such 6-month intervals without being required to hold further hearings, until such time as the involuntary patient is discharged.

16 Del.C. § 5012 (emphasis added). We recognize that, in this case, Radulski, the Hospital, and all counsel were proceeding in good faith and in accordance with the ongoing medical evaluations relating to Taylor's condition. However, to the extent the action in this case has become a customary practice and results in the extension of commitment orders without judicial approval, it must not continue. ⁵

On April 19, 1988, oral arguments were presented in this case. This Court raised its concern about the authority by which Taylor remained committed, the possible interlocutory nature of the Superior Court's order, and the possible mootness of this appeal. Counsel were directed to exchange simultaneous memoranda regarding these issues. On April 22, 1988, three days after the oral arguments in this Court, the Superior Court conducted a hearing where Taylor, Radulski, and Taylor's treating physician were present. On that same day, the Superior Court executed an order which, inter alia, extended nunc pro tunc the duration of the June 19, 1987 order.

Finality of the Commitment Order

The first procedural question this Court must address is whether the Superior Court's June 19, 1987 order, committing Taylor to the Hospital, is interlocutory or final. This Court's jurisdiction to hear interlocutory appeals is limited. See Supr.Ct.R. 42. The June 19, 1987 order was issued pursuant to the authority contained in 16 Del.C. § 5010(2). Section 5010 provides for either the discharge of the involuntary patient if that person is not mentally ill or for the commitment of the involuntary patient for six months if that person is mentally ill. No further hearings or orders are required to effectuate Section 5010.

"A final judgment is generally defined as one which determines the merits of the controversy or the rights of the parties and leaves nothing for future determination or consideration. The test is whether such judgment or decree determines the substantial merits of the controversy and the material issues litigated or necessarily involved in the litigation." Showell Poultry, Inc. v. Delmarva Poultry Corp., Del.Supr., 146 A.2d 794, 796 (1958). Applying this test to the Superior Court's June 19, 1987 order by which Taylor was committed to the Hospital, we...