657 A.2d 180 | Vt. | 1995
R.L. appeals the family court’s involuntary hospitalization order and its denial of his request for an order directing the Vermont State Hospital (VSH) to accept him as a voluntary patient. R.L. claims that 18 V.S.A. § 7703(a) authorizes involuntary treatment only where voluntary treatment is “not possible,” and that, in his case, the State failed to show that voluntary treatment was not possible. The family court denied R.L.’s request because it concluded that R.L. was required to exhaust the grievance procedures available at VSH prior to seeking judicial review of his request for voluntary admission. Although we conclude that the family court erred by invoking the exhaustion doctrine, we affirm on other grounds.
R.L. was admitted to VSH for emergency examination on August 10, 1992. After the State filed its petition for involuntary treatment,
I.
We first address the family court’s ruling that the exhaustion doctrine prevented it from reviewing the hospital’s refusal to admit R.L. as a voluntary patient. Requests for voluntary admission to VSH must be directed to the hospital, and must include the written consent of the applicant. 18 V.S.A. § 7503(a), (b). Admission on an involuntary basis for emergency examination does not preclude application for voluntary status. See id. § 7508(d)(1) (patient admitted pursuant to emergency examination must be released within seventy-two hours unless, within that period, patient has been accepted for voluntary admission). Even after involuntary commitment pursuant to court order, a patient may request a transfer to voluntary status. Id. § 7709 (“At any time, a patient may, with the permission of the head of the hospital, have his status changed from involuntary to voluntary . . . .”) (emphasis added).
A patient who is denied voluntary status by the treatment team may request review of the decision by the Chief Executive Officer (CEO) of the hospital, and if not satisfied by the CEO’s decision, the patient may appeal to the Commissioner of Mental Health and Mental Retardation. See Vermont State Hospital, Policy and Procedure
The family court concluded that it was prohibited from reviewing the hospital’s denial of R.L.’s request for voluntary admission because R.L. had not exhausted the hospital’s grievance procedures. As a general rule, where an agency has jurisdiction to decide an issue, a court will not interfere with the agency’s decision unless and until all administrative remedies have been invoked or exhausted. See Morean-Usher v. Town of Whitingham, 158 Vt. 378, 381, 610 A.2d 1108, 1110 (1992). After the agency renders its decision, the court generally has the authority to review the decision:
The agency has jurisdiction over the matter and the court only monitors the agency’s decisions. The court’s jurisdiction stems completely from the agency’s jurisdiction and the court’s role in that particular administrative program. The role may be extremely limited according to the prescribed standard for review; indeed the court may be given no function in the particular administrative program where the action is unreviewable.
2 C. Koch, Administrative Law & Practice § 10.26 (1985). Under the exhaustion doctrine, the reviewing court’s jurisdiction over the agency decision is appellate in nature. By invoking the exhaustion doctrine in the present case, the family court assumed, incorrectly, that it had appellate jurisdiction to review the actions of the Commissioner of Mental Health and Mental Retardation.
Section 454 of Title 4 grants the family court exclusive jurisdiction over a number of proceedings, including mental health proceedings “filed pursuant to chapters 179,181 and 185 of Title 18.” See 4 V.S.A. § 454. It is a court of limited jurisdiction, and its jurisdictional grant must be strictly construed. See Allen v. Allen, 161 Vt. 526, 530, 641 A.2d 1332, 1335 (1994) (Dooley, J., concurring); cf. In re M.C.P., 153 Vt. 275, 302, 571 A.2d 627, 642 (1989) (juvenile court exercises limited statutory powers and does not have authority to employ particular procedure absent statutory authorization); In re V.C., 146 Vt. 454, 457, 505 A.2d 1214, 1217 (1985) (court may order
Further, Title 18 does not provide for appeals to the family court from any administrative decision regarding mentally ill patients. There are, however, routes of appeal to the superior court from any decision of the board of mental health, 18 V.S.A. § 7112, and for any decision of the commissioner “relating to the charge for the care and treatment of a patient.” 18 V.S.A. § 8111; see also id. § 8837 (superior court has jurisdiction to enforce §§ 8835 and 8836 after exhausting administrative remedies). We conclude that the family court lacks appellate jurisdiction to review administrative decisions and therefore erred by invoking the doctrine of exhaustion in the present case.
II.
The family court was correct, however, in examining the possibility of voluntary treatment for R.L. prior to its decision on reconsideration. Although a person seeking treatment at VSH on a voluntary basis must direct a written request to the hospital, 18 V.S.A. § 7503(a), (b), § 7703(a) provides that involuntary treatment “shall be utilized only if voluntary treatment is not possible.” (Emphasis added.) The family court may enter an involuntary treatment order if it finds that, at the time of the petition and the hearing, the proposed patient suffers from a mental illness and, as a result of that illness, poses a danger of harm to himself or others. 18 V.S.A. §§ 7617(b) & 7101(17). The State must prove that involuntary treatment is necessary by clear and convincing evidence. 18 V.S.A. § 7616(b). Prior to ordering any course of involuntary treatment, the family court must examine appropriate alternatives to ensure that the
We have applied § 7617(c)’s least-restrictive-alternative requirement to involuntary psychiatric examination orders pursuant to 18 V.S.A. § 7614. See In re W.H., 144 Vt. 595, 598, 481 A.2d 22, 25 (1984). In so doing, we require the court to examine voluntary alternatives first before resorting to an involuntary order. Id. at 599, 481 A.2d at 25. We recognize that involuntary treatment for mental illness is “‘a massive curtailment of liberty,’” often resulting in social stigmatization. Id. at 597, 481 A.2d at 24 (quoting Humphrey v. Cady, 405 U.S. 504, 509 (1972)); see also In re M.D., 163 Vt. 130, 134, 655 A.2d 723, 725 (1994) (difference in status is of “great significance” to patient; involuntary commitment proceedings can result in negative social consequences). Additionally, we have noted that “‘[t]he best interests of the mentally ill lie more often than not in treatment that does not involve commitment. Voluntary avenues must be explored before invoking the mandate of involuntary commitment. If commitment is always associated with force, those who need help may be diverted from seeking assistance.’” In re W.H., 144 Vt. at 599, 481 A.2d at 25 (quoting In re Harris, 654 P.2d 109, 115 (Wash. 1982)).
The reasoning that grounded our decision in W.H. applies with equal force to civil commitment proceedings pursuant to § 7617. Indeed, the Legislature has mandated that involuntary treatment be a last resort; the State is prohibited from using involuntary treatment where voluntary treatment is possible. See 18 V.S.A. § 7703(a); see also 1977, No. 252 (Adj. Sess.), § 1 (setting forth state policy: “Treatment on a voluntary basis shall be preferred to involuntary treatment and in every case, the least restrictive conditions consistent with adequate treatment shall be provided.”). The family court’s oversight role under Title 18 requires it to ensure that the State follow this legislative mandate. Cf. In re Harris, 654 P.2d at 115 (“The potential curtailment of liberty requires the intervention of an impartial third party to ensure . . . that sufficient investigation has occurred, and that commitment is the least restrictive alternative. These are uniquely judicial concerns that will ensure the system is not abused.”). The family court must make certain that a patient is not subject to an involuntary treatment order in those cases where voluntary treatment is feasible.
We emphasize that the State’s burden to show that voluntary treatment is not feasible arises only after the proposed patient raises that issue. Cf. In re Chorney, 825 P.2d at 335 (patient must first put good faith voluntary status in issue before state must prove patient not a good faith voluntary patient). Among the factors the court may consider are the patient’s capacity to consent to voluntary treatment, the impact voluntary treatment may have on the patient’s treatment plan, and whether the patient would, in fact, accept voluntary treatment. See, e.g., In re Alleged Mentally Disordered Person, 699 P.2d at 1313 (state must show clearly and convincingly that patient is unwilling or unable to accept voluntary treatment); In re Chorney, 825 P.2d at 335 (to qualify for voluntary status, proposed patient must not only express willingness to follow procedures and treatment plan, but must also have track record demonstrating that willingness).
In the present case, we uphold the involuntary hospitalization order because the State sustained its burden to show that voluntary treatment of R.L. was not possible.
Although the court’s findings and conclusions did not specifically focus on whether voluntary treatment was possible, the record is clear that such treatment was not feasible. In addition to R.L.’s inability to make reasoned judgments, calling into question his capacity to submit to voluntary treatment, the success of R.L.’s treatment depended on an order for involuntary treatment. The findings and conclusions support the court’s order for involuntary hospitalization.
Affirmed.
R.L. does not challenge the court’s finding that he was in need of treatment at the time of his emergency examination or at the time of the commitment hearing. See 18 VS.A. § 7617(b).
Because we conclude that the family court properly rejected R.L.’s request for voluntary treatment, we do not reach R.L.’s claim that the family court has authority to order VSH to admit a voluntary patient.