In the Matter of the Mental Health of D.S.

Summary

The Montana Supreme Court reviewed D.S.’s involuntary commitment to the Montana State Hospital based on alleged mental disorder and suicidal statements. The Court held that clear and convincing evidence supported the finding that D.S. suffered from a mental disorder and posed an imminent danger to himself. It remanded for detailed findings concerning whether hospitalization was the least restrictive treatment environment.

Holdings

1. The District Court's finding that D.S. suffered from a mental disorder and posed an imminent danger to himself was supported by clear and convincing evidence beyond a reasonable degree of medical certainty.
2. The District Court failed to make the detailed findings required to establish that hospitalization was the least restrictive environment, so the matter had to be remanded for a determination supported by detailed findings of fact.

Questions Presented

1. Whether the District Court found by clear and convincing evidence, beyond a reasonable degree of medical certainty, that D.S. suffered from a mental disorder and required commitment because his recent and relevant overt acts posed an imminent threat of self-inflicted injury.
2. Whether the District Court adequately determined that commitment to the Montana State Hospital was the least restrictive environment necessary to permit effective treatment and protect D.S. and the public.

Disposition

reversed_and_remanded