In Re Tjf, 2011 MT 28

The District Court found T.J.F. suffers from a mental disorder and is an imminent threat to himself or others, committing him to the Montana State Hospital for up to 90 days.
T.J.F. displayed escalating behavioral problems beginning April 2010, including aggression and property destruction, leading to police involvement and treatment attempts.
A petition for involuntary commitment was filed May 7, 2010; a bench trial occurred May 17, 2010 after a security hearing on restraints.
A licensed clinical professional counselor, Delbert Fischer, testified that T.J.F. had a psychotic disorder and recommended hospitalization at the state hospital as the least restrictive placement.
The District Court concluded there is a mental disorder, an imminent threat, and that commitment to the Montana State Hospital was the least restrictive placement under Montana law.
T.J.F. appealed on (1) due process/presence for the security hearing and restraints during the bench trial, (2) ineffective assistance for not objecting to the security hearing being held without him present, and (3) the District Court’s commitment findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Security hearing without presence violated due process	T.J.F. contends he was deprived of rights by not attending the security hearing.	State notes counsel did not object; no preservation of this issue for appeal.	No reversible error; issue not preserved; security hearing concerned restraints only and did not decide petition.
Ineffective assistance for not objecting to presence issue	Counsel failed to object to hearing held outside T.J.F.’s presence.	Record shows counsel advocated for T.J.F. during the process.	Counsel was not ineffective; five critical areas show adequate representation and advocacy.
District Court properly proved commitment criteria	State argues evidence showed mental disorder and imminent threat; substance abuse not a factor.	T.J.F. argues substance abuse contributed to behavior and undermines imminent threat.	No error; district court correctly found mental disorder present, substance abuse not proven as causative, and imminent threat supported by actions.

In re Mental Health of K.G.F., 306 Mont. 1 (2001 MT 140) (strict adherence to statutory rights; administrative proceedings not exempt)
In re Mental Health of C.R.C., 207 P.3d 289 (2009 MT 125) (due process and counsel duties in involuntary commitment)
In re Mental Health of L.K., 219 P.3d 1263 (2009 MT 366) (presence rights at hearings; district court procedures)
In re Mental Health of C.R.C., 104 P.3d 1065 (2004 MT 389) (clear standard for reviewing findings in bench trials)
State v. Merrill, 343 Mont. 130 (2008 MT 143) (restrictions and restraints standards; abuse of discretion review)