History
  • No items yet
midpage
In Re Christopher H.
12 A.3d 64
| Me. | 2011
Read the full case

Background

  • Christopher H., 21, diagnosed with schizophrenia, was involuntarily admitted to Spring Harbor Hospital in July 2009 under 34-B M.R.S. § 3863 on an emergency application.
  • DHHS filed a continuation application under § 3864 alleging likelihood of serious harm, and the court appointed counsel and two independent examiners.
  • Over ten days, Christopher exhibited severe psychotic symptoms; hospital administered Geodon, Haldol, and a benzodiazepine involuntarily due to escalating risk.
  • The hearing occurred the day after medication administration; Christopher was highly sedated and had limited ability to communicate; court acknowledged the sedation.
  • The court found statutory requirements satisfied and ordered continued hospitalization for up to 120 days; the Superior Court later affirmed, and Christopher appealed.
  • The commitment order expired during the appeal; the issue of whether medication-induced sedation affected participation became central to the appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the involuntary medications violate due process by impairing participation at the hearing? H contends due process requires inquiry into medication impact. Department asserts statutory safeguards suffice; no need for colloquy. Issue analyzed; court required record-oriented inquiry but upheld judgment.
Is the appeal moot, and were preservation rules properly applied? H argues mootness and preservation do not bar merits. State argues mootness exceptions apply and issue was preserved. Not moot for public-interest and repeat-review reasons; preservation deemed warranted for review.
Must the judgment explicitly state that clear and convincing evidence standard was used? Not raised by H; record should reflect standard applied. No explicit statement required unless clearly missing. Remanded to explicitly indicate the standard applied in future cases.

Key Cases Cited

  • In re Walter R., 2004 ME 77 (Me. 2004) (mootness and collateral consequences framework for involuntary commitments)
  • In re Faucher, 558 A.2d 706 (Me. 1999) (recurring issues; timeliness and review of commitment matters)
  • Bates v. Dep't of Behavioral & Developmental Servs., 2004 ME 154 (Me. 2004) (procedural guidance for appellate review; due process considerations)
Read the full case

Case Details

Case Name: In Re Christopher H.
Court Name: Supreme Judicial Court of Maine
Date Published: Jan 18, 2011
Citation: 12 A.3d 64
Docket Number: Docket: Cum-10-187
Court Abbreviation: Me.