In re R.F.
369 Mont. 236
| Mont. | 2013Background
- R.F. appeals a Montana involuntary commitment order to the Montana State Hospital.
- District Court found probable cause and committed R.F. based on mental disorder and statutory criteria.
- Judge appointed counsel and conducted evidentiary hearings with Dr. McDermott evaluating R.F.
- Dr. McDermott testified R.F. was severely psychotic, delusional, paranoid, and unlikely to sustain treatment outside a hospital.
- The court concluded R.F. could not provide for basic needs and posed a threat to others; medication issue not ruled on due to lack of order authority.
- R.F. challenges sufficiency of evidence, ineffective assistance of counsel, and adequacy of an order for involuntary medication; State concedes medication order absence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for commitment | R.F. unable to care for basic needs or dangerous to others under § 53-21-126(1)(a),(c). | Record shows severe psychosis; Dr. McDermott supports commitment under § 53-21-126(1). | Yes; substantial evidence supports both inability to meet basic needs and threat to others. |
| Ineffective assistance of counsel | Counsel failed to object to hearsay and to advocate for least-restrictive environment. | Counsel’s performance was not deficient; record shows adequate advocacy and admissibility choices. | No; R.F. failed to demonstrate ineffective assistance. |
| Involuntary administration of medication | District Court found need for involuntary medication; order lacked authority to compel. | State concedes no provision for involuntary medication in the order; issue not addressed on appeal. | Not addressed; no ruling on medication order due to authorization deficiency. |
Key Cases Cited
- In re Mental Health of L.K.-S., 359 Mont. 191, 247 P.3d 1100 (Mont. 2011) (strict adherence to statute; rights at stake; standard of review)
- In re Mental Health of C.R.C., 325 Mont. 133, 104 P.3d 1065 (Mont. 2004) (medical certainty standard; evidence of disorder and need for commitment)
- In re Mental Health of T.J.D., 308 Mont. 222, 41 P.3d 323 (Mont. 2002) (medical testimony; statutory criteria sufficiency)
- In re Mental Health of D.V., 340 Mont. 319, 174 P.3d 503 (Mont. 2007) (appeals based on process and evidence standards)
- In re D.D., 277 Mont. 164, 920 P.2d 973 (Mont. 1996) (overtness of acts needed for imminent threat finding)
- In re Mental Health of A.S.B., 342 Mont. 169, 180 P.3d 625 (Mont. 2008) (threat of police antagonism and conspiracy as basis for commitment)
- In re L.C.B., 830 P.2d 1300 (Mont. 1992) (paranoid schizophrenia; ability to meet basic needs)
- In re G.P., 806 P.2d 5 (Mont. 1990) (illness interrupted cognitive processes; commitment affirmed)