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In re B.E.

Supreme Court of North Dakota

June 11, 2015

In the Interest of B.E.; Adam D. Miller, Psy.D, Petitioner and Appellee
v.
B.E., Respondent and Appellant

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Thomas E. Merrick, Judge.

AFFIRMED.

Lonnie Olson, State's Attorney, Devils Lake, N.D., for petitioner and appellee; submitted on brief.

Mark T. Blumer, Fargo, N.D., for respondent and appellant; submitted on brief.

OPINION

PER CURIAM

[¶1] B.E. appeals from a district court order for less restrictive treatment ordering him to undergo outpatient treatment throughout the remainder of his previously imposed 90-day treatment order. B.E. argues the district court's order continuing outpatient treatment is inappropriate because he stated he would voluntarily participate in outpatient treatment. Because alternate treatment is appropriate and meets B.E.'s treatment needs, the district court's order is not clearly erroneous. See Interest of L.B., 2015 ND 12, ¶ ¶ 19-20, 858 N.W.2d 322 (chemically dependent persons who require treatment are entitled to the least restrictive treatment that will meet their treatment needs). We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

[¶2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol ...


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