Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.P.

Supreme Court of Montana

March 28, 2017

IN THE MATTER OF: K.P., Respondent and Appellant.

          Submitted on Briefs: March 1, 2017

         District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DI 16-49 Honorable John W. Larson, Presiding Judge

          For Appellant: Robin A. Meguire, Attorney at Law, Great Falls, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General, Helena, Montana

          Kirsten H. Pabst, Missoula County Attorney, Jessica Simmons, Deputy County Attorney, Missoula, Montana

          OPINION

          JIM RICE Justice

         ¶1 Appellant, K.P., appeals the order of the Fourth Judicial District Court, Missoula County, involuntarily committing him to the Montana State Hospital (MSH) in Warm Springs. We reverse and address the following issue on appeal:

         Did the involuntary commitment order violate the requirements of § 53-21-127(8), MCA?

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶2 On May 26, 2016, the Missoula County Attorney's Office petitioned the District Court for a determination that K.P. suffered from a mental disorder requiring involuntary commitment, based on a mental health evaluation that concluded K.P. was suffering from Schizoaffective Disorder. Earlier that day, K.P. had been involuntarily admitted to Saint Patrick Hospital after committing, as described in the report, "acts of vandalism at his local mental health center and threatening to kill people." At the hospital, K.P. struck one of the nurses. The report advised that K.P. was "well known" to the hospital and, compared to earlier evaluations by the same doctor, was "well below his baseline" and "presently in the midst of a psychotic episode."

         ¶3 Based on the report, the District Court determined that there was probable cause that K.P. suffered from a mental disorder, and that "there is an imminent threat of injury to himself or to others, or he is substantially unable to care for himself." The District Court ordered evaluation, treatment, and detention for K.P., as well as initiation of commitment proceedings and the appointment of counsel.

         ¶4 On June 2, 2016, the District Court conducted a commitment hearing. The only witness was Thomas Hodgetts, a Licensed Clinical Social Worker, who testified that K.P. was suffering from schizophrenia and was an imminent threat to others, and recommended he be committed to MSH for three months. At the conclusion of the hearing, the District Court remanded K.P. to the custody of the Missoula County Sheriff. Then, outside the presence of K.P., the District Court stated from the bench:

THE COURT: So based on the testimony presented, the court finds K.P. to be suffering from schizophrenia, that he is in need of commitment, and the least restrictive placement is the Montana State Hospital.
The court further finds that treatment can be successful at the state hospital, and it's likely that his stay there will be fairly limited, and that when he comes back to the community certainly his ongoing treatment and medication regime ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.