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In the Interest of L.T. Hugh Thorfinnson v. L.T

March 22, 2011

IN THE INTEREST OF L.T. HUGH THORFINNSON,
PETITIONER AND APPELLEE
v.
L.T., RESPONDENT AND APPELLANT



Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable John T. Paulson, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme

CourtInterest of L.T.,

2011 ND 51

This opinion is subject to petition for rehearing. [Go to Documents]

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REVERSED AND REMANDED.

Opinion of the Court by Crothers, Justice.

Interest of L.T.

No. 20110040

[¶1] L.T. appeals the district court's order finding him "mentally ill or chemically dependent" and requiring alternative outpatient treatment including appropriate psychotropic medication and alcohol counseling. We reverse and remand for determination whether L.T. waived his right to be present at the hearing.

I

[¶2] L.T. was involuntarily committed to the North Dakota State Hospital from September 21, 2010, until November 1, 2010. His involuntary commitment was based on findings that he was a danger to himself and others because he stopped taking his medications, that he told people he would harm the police if they tried to arrest him for his driving under the influence charge and would harm anyone who hurt his dog, that he had a loaded gun in his house and that he lost forty to fifty pounds in one month due to improper eating.

[ΒΆ3] On November 1, 2010, the district court entered an order for less restrictive treatment requiring L.T. to complete outpatient treatment with the Southeast Human Service Center and to take his medications. On December 16, 2010, the State filed a petition for continuing treatment, alleging L.T. continues to drink alcohol, has a history of not taking prescribed medication, has little insight into his psychotic symptoms, and is diagnosed with schizophrenia, paranoid type and alcohol abuse. On December 28, 2010, a deputy ...


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