279 P.3d 897
Wash. Ct. App.2012Background
- MK was involuntarily detained for a 14-day mental health evaluation and then 90 days of treatment at WSH.
- An initial 180-day involuntary treatment order was entered January 4, 2010, under RCW 71.05.320, finding gravely disabled.
- Petitions on June 14 and August 4, 2010 sought another 180 days, alleging gravely disabled and likelihood of serious harm, with no less restrictive alternatives.
- Hearing on November 15, 2010 concluded MK was gravely disabled and ordered 180 more days of involuntary commitment, with sparse findings.
- MK timely appealed the November 15 order on grave disability; the court treated grave disability as a legal conclusion and vacated by vacating the order.
- The court held the appeal not moot because collateral consequences may affect future hearings and remanded to address the merits; it also discussed changes to RCW 71.05.245 and the labeling of findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is MK's appeal moot? | MK | State | Not moot; collateral consequences allow merits review. |
| Do the findings support grave disability? | MK | State | No; evidence not clearly cogent; vacate. |
| Was grave disability properly treated as a finding or a conclusion? | MK | State | Handled as a conclusion; proper categorization affects review. |
Key Cases Cited
- In re Detention of LaBelle, 107 Wn.2d 196 (1986) (guidelines on gravely disabled evidence and recent history)
- In re Meistrell, 47 Wn. App. 100 (1987) (relevance of recent mental history to conduct)
- Norman v. Chelan County Pub. Hosp. Dist. No. 1, 100 Wn.2d 633 (1983) (mootness when release but collateral consequences exist)
- Born v. Thompson, 154 Wn.2d 749 (2005) (mootness; collateral consequences sustain review)
- Habeas Corpus of Monohan v. Burdman, 84 Wn.2d 922 (1975) (collateral consequences principle)
- In re Det. of Swanson, 115 Wn.2d 21 (1990) (public interest in statutory scheme; exception to mootness)
- Inland Foundry Co. v. Dep’t of Labor & Indus., 106 Wn. App. 333 (2001) (treats mislabeling of findings vs conclusions in context of grave disability)
- RCW 71.05.012; RCW 71.05.212; RCW 71.05.245, - (-) (statutory framework discussed (not included as cases))