116 N.E.3d 496
Ind. Ct. App.2018Background
- A.M., a 48-year-old diagnosed with a schizophrenia-spectrum disorder, was detained after exhibiting disorganized behavior, poor hygiene, grandiose and paranoid delusions, and medication refusal while at a hotel and then Community North Hospital.
- The hospital filed for emergency detention and then sought a temporary involuntary commitment up to 90 days based on danger to self/others and grave disability.
- Dr. Shilpa Puri examined A.M. multiple times, testified to disorganized thoughts/behavior, auditory hallucinations, lack of insight, missed medications, and said A.M. could not care for basic needs or function independently.
- At the March 1, 2018 hearing before Commissioner Scanlan, the court found A.M. gravely disabled and ordered temporary involuntary commitment until May 20, 2018.
- The commitment order was signed by the master commissioner but not by the trial judge; the judge later issued a separate “approval order” the next day under a different cause number (not reflected in the CCS).
- A.M. appealed, challenging (1) the validity of an order signed only by a commissioner and (2) whether clear and convincing evidence supported a finding of grave disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of order signed only by commissioner | A.M.: order defective because only commissioner signed; remand required | Hospital: A.M. waived the objection by failing to raise it in trial court | Court: Waived — failure to timely object bars the challenge; precedent requires raising authority defects promptly |
| Sufficiency of evidence of grave disability | A.M.: hospital failed to prove by clear and convincing evidence she was "in danger of coming to harm" or unable to provide food, clothing, shelter; hygiene/refusal insufficient | Hospital: Dr. Puri’s testimony, A.M.’s transient status, medication refusal, poor hygiene, and need for forced meds supported grave disability | Court: Affirmed — evidence (doctor’s observations, inability to care for self, transient/no income/shelter, need for PRN/forced meds) was clear and convincing to find grave disability |
Key Cases Cited
- In re Adoption of I.B., 32 N.E.3d 1164 (Ind. 2015) (failure to timely object to adjudicative officer’s authority waives the issue)
- City of Indianapolis v. Hicks, 932 N.E.2d 227 (Ind. Ct. App. 2010) (authority defects by court officers are waived if not timely raised)
- Civil Commitment of T.K. v. Dep’t of Veterans Affairs, 27 N.E.3d 271 (Ind. 2015) (clear-and-convincing standard for involuntary commitment; denial of illness/refusal to medicate alone insufficient)
- Commitment of M.E. v. Dep’t of Veterans Affairs, 64 N.E.3d 855 (Ind. Ct. App. 2016) (review standard for sufficiency in commitment proceedings)
- Addington v. Texas, 441 U.S. 418 (U.S. 1979) (loss of liberty in commitment requires showing more than idiosyncratic behavior)
- Commitment of J.B. v. Midtown Mental Health Ctr., 581 N.E.2d 448 (Ind. Ct. App. 1991) (no basis for confining mentally ill person who is not dangerous and can live safely in freedom)