Weisenburger v. R.S.

Summary

The Supreme Court of North Dakota affirmed orders requiring R.S. to undergo involuntary hospitalization for up to 90 days and permitting involuntary medication. The court held that clear and convincing evidence supported the finding that R.S. was mentally ill and posed a serious risk of harm to others if untreated; the chief justice dissented.

Holdings

1. An involuntary treatment order must be supported by clear and convincing evidence, and the district court's findings are reviewed under a more probing clearly erroneous standard.
2. The district court did not clearly err in finding that R.S. was a person requiring treatment because clear and convincing evidence established that, if untreated, he posed a serious risk of harm to others.
3. North Dakota law does not require actual violence or an expressed threat of violence before a court may find a serious risk of harm supporting involuntary treatment.

Questions Presented

1. Whether the district court clearly erred in finding that R.S. was a person requiring treatment under N.D.C.C. § 25-03.1-02(12).
2. Whether clear and convincing evidence established a reasonable expectation that, if untreated, R.S. posed a serious risk of harm to others.
3. Whether direct evidence of overt violence or an expressed intent to commit violence was required to support an involuntary treatment order.

Disposition

affirmed