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In the Interest of S.R.B. v. S.R.B.

May 14, 2013

IN THE INTEREST OF S.R.B. RICHARD BEANE, PETITIONER AND APPELLEE
v.
S.R.B., RESPONDENT AND APPELLANT



Appeal from the District Court of McKenzie County, Northwest Judicial District, the Honorable Richard L. Hagar, Judge.

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

N.D. Supreme CourtInterest of S.R.B., 2013 ND 75 This opinion is subject to petition for rehearing. [Go to Documents]

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REVERSED IN PART AND REMANDED WITH INSTRUCTIONS. Opinion of the Court by Maring, Justice.

[¶1] S.R.B. appeals the trial court's order for hospitalization and treatment at the North Dakota State Hospital for ninety days and its order requiring use of prescribed medication. We conclude insufficient findings appear in the record to support the trial court's orders. We remand with instructions for expedited entry of findings for the order for hospitalization and treatment, reverse the order requiring use of prescribed medication, and retain jurisdiction under N.D.R.App.P. 35(a)(3).

I

[¶2] On February 28, 2013, S.R.B.'s father filed a petition for involuntary commitment of S.R.B. The petition alleged S.R.B. was mentally ill and there was a reasonable expectation of a serious risk of harm if S.R.B. was not treated. The petition alleged that S.R.B. called a nearby school looking for his daughter, wife, and lover, of which he has none. The petition also alleged S.R.B.'s neighbor saw S.R.B. "walking around [his] house this morning with nothing on but his underwear shorts." The petitioner requested emergency treatment, alleging S.R.B. was not taking his medication.

[¶3] The trial court ordered emergency treatment and committed S.R.B. to Sanford Health, Bismarck, North Dakota. On March 8, 2013, a preliminary hearing was held. At the preliminary hearing, the trial court ordered S.R.B. be treated at Sanford Health for a period not to exceed fourteen days.

[¶4] On March 21, 2013, a hearing for the hospitalization and treatment of S.R.B. was held. At the treatment hearing, Dr. Sacheen Shrestha, S.R.B.'s treating psychiatrist, testified that S.R.B. suffers from schizophrenia undifferentiated type and opined that S.R.B. has a substantial likelihood of substantial deterioration in his mental health due to his failure to take antipsychotic medication.

[¶5] At the conclusion of the hearing, the trial court issued its findings of fact and conclusions of law on the record:

It shall be the order of this Court that I have found there has been clear and convincing evidence as represented by the doctor that [S.R.B.] is a mentally ill person, that there is substantial likelihood of a substantial deterioration in his health and well-being, and the clear possibility of harm to himself and the possibility of harm to others based upon his mental illness. The Court would in that case order and find that the treatment is required. It's not a "may" treatment. It is required treatment for [S.R.B.]. And the Court will issue an order for a 90-day treatment order against [S.R.B.], I presume, to be treated at the North Dakota State Hospital. On March 21, 2013, the trial court issued its order for hospitalization and treatment stating: "The Court has considered evidence presented to it, along with pertinent medical information and concludes that the Respondent is a person requiring hospitalization for mental illness." The trial court ordered S.R.B. to be treated at the North Dakota State Hospital for ninety days.

[¶6] On April 12, 2013, Dr. William Pryatel, a psychiatrist at the State Hospital, filed a request that the court authorize treatment of S.R.B. with prescribed medication and certified that S.R.B. refused to take his medication. On April 16, 2013, in an ex parte order, the trial court granted the request and ordered the use of psychotropic medication for S.R.B.

[ΒΆ7] S.R.B. filed two separate notices of appeal from the March 23, 2013, and ...


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