In re C.C.

384 Mont. 135 (2016) · Montana Supreme Court · July 19, 2016

Summary

The Montana Supreme Court reviewed an involuntary commitment order for C.C. and held that the district court failed to provide the detailed factual findings required by Montana law. The court declined to apply implied findings to cure the deficient, pre-prepared order, vacated the commitment order, and remanded for dismissal. The court did not reach the separate issue concerning involuntary medication.

Holdings

  1. The District Court's pre-prepared commitment order, which contained only conclusory statutory findings and no detailed facts specific to C.C., failed to strictly comply with § 53-21-127(8)(a), MCA.
  2. The Court declined to address the challenge to the involuntary-medication provision because vacatur of the commitment order made resolution of that issue unnecessary.

Questions Presented

  1. Whether the District Court erred by failing to provide a detailed statement of facts supporting C.C.'s involuntary commitment as required by § 53-21-127(8)(a), MCA.
  2. Whether the District Court erred by including an involuntary-medication provision in the written judgment when that provision was not made in the oral pronouncement, was not statutorily compliant, and was unsupported by findings.

Disposition

reversed_and_remanded

Cases Cited (9)

  • In re L.L.A., 2011 MT 285, ¶ 7, 362 Mont. 464, 267 P.3d 1(followed)
  • In re Mental Health of E.P.B., 2007 MT 224, 339 Mont. 107, 168 P.3d 662(followed)
  • In re Mental Health of O.R.B., 2008 MT 301, 345 Mont. 516, 191 P.3d 482(cited)
  • In re Mental Health of S.C., 2000 MT 370, 303 Mont. 444, 15 P.3d 861(limited)
  • In re S.M., 2014 MT 309, 377 Mont. 133, 339 P.3d 23(distinguished)
  • In re the Mental Health of L.K.-S., 2011 MT 21, 359 Mont. 191, 247 P.3d 1100(cited)
  • In re R.W.K., 2013 MT 54, 369 Mont. 193, 297 P.3d 318(cited)
  • In re M.P.-L., 2015 MT 338, 381 Mont. 496, 362 P.3d 627(followed)
  • In re S.G.R., 2016 MT 70, 383 Mont. 74, 368 P.3d 1180(distinguished)

Cited In (0)

No citing cases on record yet.

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