113 N.E.3d 1257
Ind. Ct. App.2018Background
- T.W., a man in his late twenties diagnosed with schizophrenia in 2013, stopped taking antipsychotic medication in December 2017 and became increasingly paranoid, delusional, and threatening.
- Prior violent incident: while unmedicated over a year before the hearing, T.W. physically attacked his mother (choked her), was arrested, and later ordered to resume medication.
- After relapse, T.W. made multiple alarming reports to the FBI, left a library warning about a bomb/chemical weapon, threatened his father (including statements to kill him), and was aggressive toward outpatient clinic staff.
- Emergency detention was authorized April 12, 2018; St. Vincent filed a petition for temporary mental-health commitment April 17, 2018.
- A commissioner (Kelly M. Scanlan) conducted the April 20 hearing, found by clear and convincing evidence that T.W. was mentally ill and dangerous (and gravely disabled), and signed the temporary commitment order. The order bore only the commissioner’s signature; no judge’s signature was on the document.
- T.W. appealed, arguing (1) the commitment order was defective because it lacked the trial judge’s signature and (2) the evidence was insufficient to show dangerousness.
Issues
| Issue | Plaintiff's Argument (St. Vincent) | Defendant's Argument (T.W.) | Held |
|---|---|---|---|
| Whether the commitment order was defective for lacking the trial judge’s signature | The commissioner had authority to hear and enter the temporary commitment order; any signature defect was waived because T.W. did not object below | The order was invalid because only the commissioner signed and a judge did not enter a final appealable order | Waived: appellate review forfeited because T.W. failed to object at trial; court affirms despite statutory limitation on commissioners at the time |
| Whether clear and convincing evidence showed T.W. was dangerous | Evidence of violent prior attack when unmedicated, subsequent threats, delusions, FBI contacts, aggressive outpatient behavior, and expert testimony supported dangerousness | Argued insufficient: no violence at hospital before hearing and prior violent act was over a year earlier | Affirmed: substantial evidence supported that, when unmedicated, T.W. posed a substantial risk of harm to others |
Key Cases Cited
- Capehart v. Capehart, 771 N.E.2d 657 (Ind. Ct. App. 2002) (magistrates and commissioners have identical authority analysis)
- Floyd v. State, 650 N.E.2d 28 (Ind. 1994) (failure to object to authority of court officer waives the issue on appeal)
- City of Indianapolis v. Hicks, 932 N.E.2d 227 (Ind. Ct. App. 2010) (defects in a court officer’s authority are waived if not timely raised)
- In re Commitment of J.B., 766 N.E.2d 795 (Ind. Ct. App. 2002) (standard of review for involuntary commitment; evidence viewed most favorably to trial court)
- C.J. v. Health & Hospital Corp. of Marion Cty., 842 N.E.2d 407 (Ind. Ct. App. 2006) (trial court need not wait for actual harm before finding substantial risk of harm)
- In re Adoption of I.B., 32 N.E.3d 1164 (Ind. 2015) (articulating waiver principles concerning authority of adjudicative officers)