In Re the Mental Health of L.K.-S.
2011 MT 21
Mont.2011Background
- L.K.-S. suffers from paranoid schizophrenia and has four prior involuntary commitments.
- State petitioned for emergency detention and involuntary commitment to MSH after numerous escalating incidents in May 2010.
- An emergency detention order was entered; L.K.-S. was transported to MSH for evaluation by a designated professional person.
- On June 1, 2010, a commitment hearing was held via Vision Net; L.K.-S. demanded an actual jury trial and objected to various procedures.
- The district court found a waiver of the jury trial under § 53-21-119(1) based on the alleged concurrence of counsel and friend and the professional person, and ordered commitment to MSH for 90 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether waiver of the jury trial complied with § 53-21-119(1) MCA | L.K.-S. suffered no valid waiver record. | Waiver was valid via attorney and friend with record of reasons. | Waiver invalid; record insufficient, order reversed. |
| Whether waiver of the respondent's presence at the hearing complied with § 53-21-119(2) MCA | Record failed to show professional concurrence and factual findings. | Concurrence and findings were implied by the proceedings. | Waiver of presence invalid; order reversed. |
Key Cases Cited
- In the Matter of the Mental Health of L.K., 353 Mont. 246 (2009 MT 366) (reaffirmed strict waiver requirements of § 53-21-119 and reversed where record deficient)
- In the Matter of the Mental Health of C.R.C., 325 Mont. 133 (2004 MT 389) (procedural safeguards in commitment proceedings are critically important)
- In the Matter of the Mental Health of T.J.D., 308 Mont. 222 (2002 MT 24) (emphasized duty to safeguard due process rights in commitment)
- In the Matter of the Mental Health of L.C.B., 830 P.2d 1299 (1992 MT) (recognizes calamitous effect of commitment and procedural safeguards)