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250 P.3d 856
Mont.
2011
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Background

  • D.K.D. is a seriously developmentally disabled, morbidly obese adult with a history of self-harm and aggression and long treatment history.
  • The District Court committed D.K.D. to Montana Development Center (MDC) for up to one year; the appeal concerns involuntary medication under MDC policy.
  • RFST concluded D.K.D. is seriously developmentally disabled, poses imminent risk, and cannot be treated safely in voluntary settings.
  • Prior to commitment, D.K.D. received care at MSH and Creative Options, with medication responses that were sometimes involuntary.
  • The order stated MDC staff may administer medication involuntarily under policy; D.K.D. did not object at the hearing.
  • The court noted MDC policy governs involuntary medication; the district court cannot order treatment, only commitment to MDC.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the district court erred by authorizing involuntary medication under MDC policy D.K.D. argues plain error; the order improperly compels involuntary medicating. State/MDC argues court lacked authority to order treatment; the language is surplusage and policy permits it. No plain error; language surplusage; affirmed.

Key Cases Cited

  • In re L.S., 349 Mont. 518 (2009 MT 83) (standard clarity and correctness review for civil commitments)
  • In re Mental Health of E.P.B., 168 P.3d 662 (2007 MT 224) (clearly erroneous and correctness standards applied)
  • In re Mental Health of L.K.-S., 247 P.3d 1100 (2011 MT 21) (clear error standard reaffirmed in civil commitments)
  • In re A.K., 139 P.3d 849 (2006 MT 166) (uses clearly erroneous/correctness framework)
  • In re D.M.S., 203 P.3d 776 (2009 MT 41) (mootness and repetition considerations in involuntary matters)
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Case Details

Case Name: In Re DKD
Court Name: Montana Supreme Court
Date Published: Apr 14, 2011
Citations: 250 P.3d 856; 360 Mont. 76; 2011 MT 74; 2011 Mont. LEXIS 105; 10-0242
Docket Number: 10-0242
Court Abbreviation: Mont.
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