In re R.T.
2013 Ohio 4886
Ohio Ct. App.2013Background
- R.T., pro se, appeals from a probate court decision adopting a magistrate's reports (Mar. 7 and Mar. 14, 2013) overruling objections.
- ADAMH Board filed a motion to dismiss, which the court denied.
- On Feb. 28, 2013, an affidavit of mental illness under R.C. 5122.11 was filed and an order of detention was issued; appellant was hospitalized at Riverside Methodist Hospital.
- A March 6, 2013 hearing and March 7, 2013 magistrate's report found appellant to be mentally ill and subject to hospitalization; an application to authorize antipsychotic medication was heard March 13 and authorized March 14.
- Appellant objected to the March 7 and March 14 magistrate reports; the probate court heard the objections on March 28 and overruled them on March 29.
- Appellant appeals four assignments of error; the court addresses mootness but determines the matter is not moot and proceeds to review the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the March 7 magistrate report was properly adopted. | R.T. contends the magistrate relied on pending municipal charges. | ADAMH Board argues proper procedure followed and evidence sufficient. | Overruled; findings supported by clear and convincing evidence. |
| Whether the magistrate relied on admissible evidence. | Dr. Bates's testimony admitted without admissible records. | Evid.R. 703 allows reliance on facts perceived by expert; records not required. | Overruled; admittance consistent with Evid.R. 703. |
| Whether forced antipsychotic medication was proper given power of attorney. | Power of attorney should affect treatment decisions; capacity issue unresolved. | Steele v. Hamilton Cty. CMH Bd. requires physician-imposed treatment when necessary. | Overruled; Steele requirements met; forced medication upheld. |
| Whether appellant was improperly precluded from presenting evidence. | Wishes witnesses (daughter, neighbor) to testify; evidence is relevant. | Counsel determined testimony was irrelevant to probate case. | Overruled; magistrate's exclusion found non-prejudicial. |
Key Cases Cited
- In re Burton, 11 Ohio St.3d 147 (Ohio 1984) (totality-of-the-circumstances test for hospitalization under RC 5122.01(B))
- Steele v. Hamilton Cty. Community Mental Health Bd., 90 Ohio St.3d 176 (Ohio 2000) (Steele governing compelled medication of involuntarily committed patients)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (standard for clear and convincing evidence)
- In re Miller, 63 Ohio St.3d 99 (Ohio 1992) (standard for involuntary commitment and due-process considerations)