In Re Hospitalization of Connor J., 440 P.3d 159

Background

Connor J., a young shelter resident, exhibited paranoid delusions and auditory hallucinations; API evaluated him and petitioned for a 30‑day involuntary commitment and for involuntary medication.
At the commitment hearing Connor was not physically present; his counsel indicated he declined to attend after consultation, and the master found he waived his presence.
Psychiatric nurse practitioner Gerald Martone testified Connor was gravely disabled, volatile, sometimes catatonic, refused outpatient medication, and would benefit from API’s structured, drug‑free environment.
The master recommended granting the 30‑day commitment and denying involuntary medication; the superior court signed the orders but later clarified it would not rely on a finding that Connor was a danger to others.
Connor appealed, arguing (1) the court erred in finding he waived his right to be present without an inquiry into informed consent, (2) the court erred in finding no less restrictive alternatives existed, and (3) the commitment order should be corrected to omit the erroneous ‘‘danger to others’’ finding.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court committed plain error by finding waiver of respondent’s right to be present without making findings about informed consent	Connor: master should have inquired and made findings whether waiver was informed; absence of inquiry is obvious error and prejudicial	State: no evidence counsel failed to obtain informed consent; courts may usually assume attorney compliance with duties; no prejudice shown	Assumed error not plain error — no reversal; factual circumstances and counsel’s conduct not suggestive of lack of informed consent
Whether clear and convincing evidence supported finding that no less restrictive alternative existed	Connor: API relied on forced medication prospect; outpatient treatment or other providers weren’t investigated; confinement unnecessary if medication is only effective treatment	State: Martone testified Connor refused outpatient meds, was barred from prior shelter, and needed API’s structure and drug‑free setting to remain safe	Affirmed — record supports gravely disabled finding and that no less restrictive placement could achieve treatment and safety objectives
Whether the involuntary medication petition was properly resolved	Connor: court erred in not authorizing involuntary medication	State: insufficient evidence of incapacity to consent to medication at hearing	Master/superior court denied medication petition without prejudice; disposition not appealed and affirmed as not erroneous
Whether the commitment order should be corrected to remove a finding Connor was likely to harm others	Connor: finding was not pleaded and deprived him of notice; court later disclaimed reliance on it	State: agrees correction is appropriate	Remanded for limited purpose: superior court must amend the 30‑day commitment order to omit the ‘‘danger to others’’ finding

Key Cases Cited

In re Hospitalization of Stephen O., 314 P.3d 1185 (Alaska 2013) (discusses standards for grave disability and necessity of hospitalization)
In re Hospitalization of Jacob S., 384 P.3d 758 (Alaska 2016) (standard of review and weighing evidence in commitment proceedings)
Wetherhorn v. Alaska Psychiatric Inst., 156 P.3d 371 (Alaska 2007) (plain error review in civil commitment context)
In re Hospitalization of Mark V., 375 P.3d 51 (Alaska 2016) (least‑restrictive‑alternative analysis in commitment cases)
In re Hospitalization of Joan K., 273 P.3d 594 (Alaska 2012) (affirming no less restrictive alternative where reliable medication and supervision required)
Remy M. v. State, Dep’t of Health & Soc. Servs., 356 P.3d 285 (Alaska 2015) (no requirement for trial court to directly address parent before counsel waives right to testify)
Bigley v. Alaska Psychiatric Inst., 208 P.3d 168 (Alaska 2009) (discusses state’s parens patriae authority)