In re D.B.
2014 Ohio 1464
Ohio Ct. App.2014Background
- Appellant D.B. appeals a probate court judgment committing him to ADAMH for up to 90 days and authorizing forced psychotropic medication.
- An affidavit of mental illness was filed on Dec. 23, 2013; detention followed the same day, and a hearing on the admission and forced medication occurred Dec. 27, 2013.
- Dr. Bates testified that D.B. had a psychotic disorder with a significant disturbance of thought and dangerousness due to inability to meet basic needs.
- The magistrate orally found D.B. subject to hospitalization and the court later granted the application for forced medication.
- The trial court adopted the magistrate’s decision; D.B. objected, and the case was appealed to the Tenth Appellate District.
- The court ultimately reversed and remanded for further proceedings on both the hospitalization and forced medication orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hospitalization finding was against the weight of the evidence | D.B. argues the evidence does not show a substantial disorder or grave risk | ADAMH argues the evidence supports hospitalization under R.C. 5122.01(B) and the totality of circumstances | Yes; hospitalization finding is reversed for weight of the evidence |
| Whether forced psychotropic medication was properly ordered given the hospitalization error | D.B. contends no proper basis for forced medication without proper commitment | State argues standard requires hospitalization prior to forced medication | Yes; order for forced medication reversed |
Key Cases Cited
- In re T.B. I, 10th Dist. No. 06AP-477, 2006-Ohio-3452 (Ohio) (three-part commitment test; heavy burden to show need for confinement)
- In re T.B. II, 10th Dist. No. 11AP-99, 2011-Ohio-1339 (Ohio) (totality-of-the-circumstances test for hospitalization)
- In re Miller, 63 Ohio St.3d 99, 1992 (Ohio) (due-process protections in commitment proceedings)
- Steele v. Hamilton Cty. Cmty. Mental Health Bd., 90 Ohio St.3d 176, 2000 (Ohio) (set forth criteria for forced antipsychotic medication)
- Welch, State v. Welch, 125 Ohio App.3d 49, 1997 (Ohio) (analyzes elements for hospitalization under 5122.01(A))