In Re Christopher H.
12 A.3d 64
| Me. | 2011Background
- 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)
