250 P.3d 856
Mont.2011Background
- 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)
