COURT OF APPEALS DECISION DATED AND RELEASED March 11, 1997 |
NOTICE |
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62(1), Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 96-2091
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
IN THE MATTER OF
ALLISON S.C.,
ALLEGED MENTALLY ILL:
MARATHON COUNTY,
Petitioner-Respondent,
v.
ALLISON S.C.,
Respondent-Appellant.
APPEAL from an order of
the circuit court for Marathon County:
RAYMOND F. THUMS, Judge. Affirmed.
MYSE, J. Allison S.C. appeals an
order for involuntary commitment for six months and the involuntary
administration of psychotropic medication based upon the court's finding that
Allison was mentally ill and that there was a substantial probability of
physical impairment or injury to herself because her judgment was so impaired
by her psychotic episodes. Allison
contends that there was insufficient evidence to support the court's finding
that she was a danger to herself.
Because this court concludes there is sufficient evidence to support the
court's findings of fact, the order of involuntary commitment is affirmed.
Allison S.C. was first taken
to the Marathon County Health Care Center when she presented herself at the
county jail asking to speak with an officer.
Officer Frederick Peters, who had past contact with Allison, talked with
her at the jail concerning her request that she be taken to the Health Care
Center. Allison indicated that
neighbors living below her were involved in Satanism, that her former
boyfriends, whom she could not identify, had installed video cameras in her
bedroom to monitor her sex life and that people were stalking her. In response to Peter's questions, Allison
indicated that she was considering suicide but had taken no steps to harm
herself. Peters took her to the
Marathon County Health Care Center where she was detained pursuant to an
emergency detention proceeding before a Marathon County court
commissioner.
Michael Galli, a
psychologist, and Sheldon Schooler, a psychiatrist, examined Allison and
testified at the hearing for involuntary commitment concerning their
observations. Both doctors indicated
that Allison was having psychotic episodes, was delusional, appeared unwilling
to take medication on a regular or routine basis, that the medical records
indicated she expressed thoughts of suicide to some identified staff person and
that she was unable to care for herself because of her psychotic condition and
her inability to regularly medicate herself on a voluntary basis.
The court found that
Allison suffered from thought disorganization and judgment deficit and that her
judgment impairment was such that there was a substantial probability of
physical impairment or injury. The
court ordered her involuntary commitment for a period of six months and that
she be involuntarily medicated in accordance with the doctors' treatment
protocol.
Both sides acknowledged
that because Allison has served the six months' involuntary commitment ordered
by the court the case is moot. Allison
requests that we nonetheless address the issues presented so as to clarify the
evidence necessary to sustain an order for involuntary commitment for future
cases. This court has the discretion to
address issues that are otherwise moot when the issues presented are of great
public importance or are likely to arise again yet evade review because the
appellate process cannot be completed in time to have a practical legal effect
on the parties. In re Shirley
J.C., 172 Wis.2d 371, 375, 493 N.W.2d 382, 384 (Ct. App. 1992). Because the issues in this case are likely
to arise again yet evade review because the appellate process cannot be
completed in time to have a practical legal effect on the parties, the court
will exercise its discretion and address the issue presented on its
merits.
Allison vigorously
argues that there is insufficient evidence to support the court's finding that
she was likely to harm herself. Allison
argues that the statement that she had contemplated suicide in response to Peters'
question is an insufficient basis for such a finding because she made no
attempt to harm herself, that it was a single isolated threat made on a single
occasion at some time in the past so as not to be persuasive of her state of
mind at the time of the hearing and that the doctors' references to her
discussion of suicide with a staff person is inadmissible hearsay which could
not be properly considered by the court.
These arguments fail for
two reasons. First, the evidence of
suicidal thoughts expressed to Peters and to an undesignated staff person are a
sufficient basis for a court to conclude that Allison presented a danger to
herself. These statements were
allegedly made at the time of her temporary commitment. The fact that a woman with a long history of
mental problems who was experiencing psychotic episodes contemplated suicide
presents a sufficient evidentiary basis for the court to make the necessary
finding that she presented a danger to herself, even though the threats were
made in response to a police inquiry and made at the time of her temporary
detention and not repeated since.
Allison argues that the
statement made to an undesignated staff person as testified from the medical
records by both physicians who examined Allison is inadmissible hearsay. This court does not agree. The medical records relied upon by a
physician in his treatment of a patient are admissible as evidence under §
907.03, Stats.
The second and more
compelling reason that Allison's argument must fail is that the trial court did
not rely solely on the finding of harm to herself in ordering her involuntary
detention. The trial court concluded
that her judgment was impaired by virtue of her psychotic episodes and that the
impairment presented a substantial probability of physical impairment or
injury. There is ample evidence in the
record to support such a finding.
Doctors Schooler and
Galli both testified to her severe mental illness at the time of their
examinations. She was delusional and
was experiencing psychotic episodes.
This mental illness was so extensive that Allison appeared unable and
unwilling to take the necessary medication to stabilize her condition and that
without such medication she would be unable to care for herself. The doctors' opinions and Allison's frank
concession that there was ample evidence to support the finding that she was
experiencing a severe mental illness up to and at the time of hearing as well
as the doctors' opinions in regard to her impaired judgment are all sufficient
to support the court's findings that her mental illness was sufficiently severe
that there was a substantial probability of physical impairment or injury.
Allison argues that this
standard is not met if there is a reasonable probability that the individual
will avail herself of care at an appropriate treatment facility. Section 51.20(1)(a)2.c, Stats.
Allison suggests that she would avail herself of the appropriate care
necessary at some future time because she initially asked to be taken to the
health care center.
The problem with this
argument is two-fold. First, the
doctors opined that her thoughts were so disorganized, her psychotic condition
and delusions so severe that she could not make appropriate judgments about her
own welfare and safety. Moreover, after
being institutionalized on a temporary basis she refused to accept the
treatment offered, refused to agree to medication necessary to her condition
and refused to cooperate with the physicians offering health care. Indeed, the extent of her delusions was so great
that the social worker indicated that Allison could not tell the date or time
correctly.
Sufficient evidence
exists to support the trial court's findings of fact which we are required to
review under a clearly erroneous standard.
Section 805.17(2), Stats. This record amply supports the findings made
by the trial court in regard to Allison's condition, the extent of her
psychotic illness and the substantial probability that this illness would cause
physical impairment or injury.
Allison contends that
her involuntary detention for a temporary six-month period represents shoddy
and unacceptable conduct by those involved.
This court cannot agree. A
person experiencing severe psychotic episodes who acknowledged on two occasions
contemplating suicide should have received inpatient treatment even on an
involuntary basis. Indeed, had the
police ignored the substantial warning signs that she was unable to care for
herself in any meaningful way, those who were involved may have been properly
criticized for ignoring an individual in dramatic need of treatment. There is nothing to support the assertion
that those involved in Allison's treatment and care did anything other than
protect her best interests. The order
for involuntary detention for six months and for the involuntary administration
of drugs is affirmed.
By the Court.—Order
affirmed.
This opinion will not be
published. Rule 809.23(1)(b)4, Stats.