OPINION
M.Z. appeals the trial court's order involuntarily committing him to a mental health facility. We affirm.
Issue
MZ. raises one issue for our review, which we restate as whether sufficient evidence was presented to support the trial court's order involuntarily committing M.Z. to a mental health facility.
Facts and Procedural History
At the time of the commitment hearing, MZ. was fifty-two years old and was еmployed at the Daimler Chrysler foundry in Indianapolis. M.Z. had worked at the Daimler Chrysler foundry for nearly twenty years, where he was responsible for maintaining machinery. M.Z. lived by himself
On September 28, 2004, M.Z. became concerned about some stains that he saw on a stairwell at work. M.Z. thought that these stains were bloodstains. MZ. believed that these bloodstains might be related to some kind of plot at work, and that somehow this plot threatenеd his safety. MZ. therefore contacted the Marion County Sheriff's Department to report his concerns about the bloodstains. When officers arrived at M.Z.'s home, he let them inside. Once inside, the officers saw a gun that M.Z. had removed from his gun safe sitting on the kitchen counter. M.Z. informed the officers about the stains that he had seen at work and requеsted that they conduct DNA testing on the bloodstains. After M.Z. related his concerns about the bloodstains, the officers requested that M.Z. accompany them to Methodist Hospital, which M.Z. did. The officers took M.Z. to Methodist Hospital for immediate detention as a mentally ill and dangerous person.
Shortly after his admission to Methodist Hospital, Dr. Anne Gilbert, a psychiatrist, began treating M.Z. Dr. Gilbert diagnosed M.Z. as suffering from chronic paranoid schizophrenia. Dr. Gilbert testified that M.Z. had pervasive paranoia about a possible plot at work. This plot somehow involved a cult, possibly a satanic cult, and M.Z. believed that he might be one of its targets. Dr. Gilbert indicated that M.Z. appeared to be frightened for his own safety. During his stay at Methodist, Dr. Gilbert stated that M.Z.'s paranoia had globalized such that M.Z. was paranoid about his roommate's coughing. Dr. Gilbert also indicated that M.Z. did not believe that he had a mental illness, and that if MZ. were released from his commitment he would stop taking any medications since he did not believe that he was ill.
On September 28, 2004, Clarian Health Partners ("Clarian") filed a petition for M.Z.'s involuntary commitment, alleging that M.Z. suffered from a psychiatric disorder and was dangerous to others. The trial court held a commitment hearing on October 6, 2004. Dr. Gilbert testified at this hearing. When asked if she believed that M.Z.'s psychiatric condition rendered him a danger to others, Dr. Gilbert replied, "I believe it could. Yes." Tr. at 10. Clarian's counsel then asked Dr. Gilbert, "And, is the paranoia and the thought of the plot combined with the access to weapons, gives you cause for concern that he would be a danger to others?" Id. Dr. Gilbert answered, "That's correct." Id. Dr. Gilbert also stated, "I would worry that he would become so frightened, that he might inadvertently harm someone, feeling he was protecting himself." Id. at 12. On cross-examination, Dr. Gilbert admitted that she was not aware of M.Z. having any history of actual violence.
MZ. also testified at the hearing. He stated that in 1993 he was treated at the St. Vincent's Stress Center and was diagnosed with schizophrenia and bipolar disorder. M.Z. indicated that he had never had any thoughts of committing a violent act upon someone at work. On eross-examination, though, M.Z. testified that while at work three of his supervisors saw him release some suspended machinery that crashed to the floor. M.Z.'s supervisors considered this a violent act, and, as a result, M.Z. was sent for treatment at the Alpine Clinic in Lafayеtte, Indiana.
At the conclusion of the hearing, the trial court issued an order finding that MZ. suffered from chronic paranoid
Discussion and Decision
M.Z. argues that Clarian failed to present sufficient evidence to support his involuntary commitment. We disagree.
Initially, we note that at this time, M.Z. has likely been discharged from the hospital, and, therefore, this matter is moot. In general, virtually every case that comes before us involving a temporary involuntary сommitment to a mental health facility is moot due to the amount of time it takes to bring an appeal. We generally dismiss cases that are deemed to be moot. In re Commitment of Steinberg,
I. Standard of Review
When reviewing a challenge to the sufficiency of the evidence with respect to commitment proceedings, we will only look to the evidence most favorable to the trial court's decision and all reasonable inferеnces drawn therefrom. Golub v. Giles,
II. Sufficiency of the Evidence
The trial court ordered that M.Z. should be temporarily committed for a period of ninety days. A trial court may order the temporary commitment of an individual for a periоd of up to ninety days if a petitioner proves by clear and convine-ing evidence that the individual is (1) mentally ill; and (2) either dangerous or gravely disabled. Ind.Code § 12-26-6-1. M.Z. does not challenge the trial court's finding that he suffers from a mental illness, namely chronic paranoid schizophrenia. However, M.Z. argues that Clarian failed to present clear and convincing evidence that he is gravely disabled or dangerous to others. It is important to note that in order to carry its burden of proof, Clarian only had to prove that M.Z. was either gravely disabled or dangerous. It did not have to prove both of these elements.
We first consider whether Clarian presented clear and convincing evidence that M.Z. was dangerous. Indiana Code section 12-7-2-53 defines "dangerous" as "a condition in which an individual as a result of mental illness, presents a substantial risk that the individual will harm the individual or others." The trial court concluded that M.Z. was only dangerous to others and not to himself. Therefore, we must determine whether Clarian presented
MZ. begins by arguing that Clarian failed to present sufficient evidence that he was dangerous to others because it failed to show that he had ever harmed or threatened to harm others. M.Z. contends that the trial court's principal reason for ordering his involuntary commitment was his possession of firearms. MZ., though, points out that Clarian failed to introduce any evidence that he had a history of harming or threatening to harm another person through the use of his firearms. He asserts that his mere possession of firearms, absent any suggestion of his ever using them against another person, does not present a basis for concluding that he poses a substantial risk to others. A trial court, however, is not required to wait until a physical act is visited upon an individual before determining that an individual poses a substantial risk of harm to others. Matter of Commitment of Gerke,
MZ. seems to contend that the trial court involuntarily committed him, if not solely then largely, because he possessed firearms and that this conclusion was erroneous because he had a right to possess firearms pursuant to the Second Amendment to the United States Constitution and Article 1, Section 82 of the Indiana Constitution. The evidence introduced at the commitment hearing indicated that (1) M.Z. possessed firearms that he kept in a gun safe; (2) on a daily basis, upon entering his home, M.Z. would remove a gun from the gun safe; and (8) when the police entered M.Z.'s home they noticed a gun sitting on his kitchen counter.
Although MZ. is correct that he did have a right to possess firearms under both the United States Constitution and the Indiana Constitution, M.Z.'s possession of firearms was not the sole basis for the trial court's conclusion that M.Z. posed a danger to others and should be involuntarily committed. At the commitment hearing, Clarian presented substantial evidence, besides M.Z.'s possession оf firearms, which showed that M.Z. posed a substantial risk to others. Dr. Gilbert testified that M.Z. was suffering from chronic paranoid schizophrenia. She stated that M.Z. had pervasive paranoia about a possible plot at work that somehow involved a cult, and that he might be a target of this plot. M.Z. told Dr. Gilbert that the cult might be a satanic cult. Dr. Gilbert believеd that M.Z.'s paranoia about the plot at work caused him to fear for his own safety. M.Z.'s fear for his safety was such that after seeing what he thought was a bloodstain on a stairwell at work, he called the police and asked that they conduct DNA testing on the stain. Dr. Gilbert indicated that after M.Z. was admitted to Methodist Hospital, his paranoia globalized to the point that he had become paranoid about his roommate's coughing. Dr. Gilbert related that M.Z. did not believe that he suffered from a mental illness and that it was likely that if he were released from his commitment he would not take any medications for his mental illness. MZ. testified that on one occasion while at work he released some suspended machinery that crashed to the floor. Three of M.Z.'s supervisors saw this and considered it to be a violent act. As a result of these actions, M.Z. was sent for treatment at the Alpine Clinic in Lafayette. Dr. Gilbert testified that she believed that M.Z.'s mental condition could render him dangerous to others. She indicated that it was M.Z.'s
Based on this evidence along with the evidence of M.Z.'s possession of firearms, a reasonable person could have concluded that M.Z. posed a substantial risk of harm to others, and, thus, was dangerous. Therefore, Clarian did present sufficient evidence to support the trial court's order involuntarily committing M.Z. to a mental health facility.
Howevеr, MZ. argues that Commitment of J.B. v. Midtown Mental Health Cir.,
In In re Commitment of Steinberg, the involuntary committee, Steinberg, was twenty-four years old. Steinberg's mother testified that his family had a history of schizophrenia and that the illness usually developed in the subject's early twenties. Steinberg had, according to his mother, been exhibiting signs of paranоia. He believed that his roommates were conspiring against him. Steinberg admitted that he had been drinking alcohol excessively. Steinberg also had anger management issues. On one occasion, Steinberg pointed an unloaded firearm at three individuals who had threatened him and his roommate. Steinberg had recently invented a reusablе glow stick and was in the process of having the invention patented. A patent attorney testified that Steinberg could potentially make millions of dollars from the invention throughout the lifetime of the patent. In October of 2008, Stein-berg's mother requested a loan from him, but Steinberg refused to help her unless she got a job. Later that month, Stein-berg's mothеr took him to St. Vincent Stress Center for emergency detention. While there, Steinberg was diagnosed as suffering from schizophrenia. A petition for Steinberg's involuntary commitment was later filed, and the trial court granted this petition finding that Steinberg was dangerous.
On appeal, Steinberg argued that insufficient evidence had been presented to justify the trial court's finding that he was dangerous. The trial court agreed with Steinberg's mother that Steinberg was dangerous because he could cease to be mentally lueid during one of his many trips to Bloomington. We noted that there was no evidence that this had ever happened or was likely to happen. In re Commitment of Steinberg,
The trial court also concluded that Stein-berg was dangerous because he suffered
M.Z. contends that Steinberg's behavior is more dangerous than his own because Steinberg actually threatened three individuals with an unloаded gun, whereas there is no evidence that M.Z. has threatened or actually harmed anyone with his firearms. However, as we have already stated, a trial court is not required to wait until a physical act is committed upon an individual before determining that an individual poses a substantial risk of harm to others. Matter of Commitment of Gerke,
Conclusion
Sufficient evidence was presented to support the trial court's conclusion that MZ. was dangerous to others. The trial cоurt's order involuntarily committing M.Z. to a mental health facility is therefore affirmed.
Affirmed.
Notes
. Because we conclude that sufficient evidence was introduced to prove that M.Z. was dangerous to others, we need not consider M.Z.'s argument that Clarian produced insufficient evidence to support the trial court's conclusion that he was gravely disabled.