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Mental Health Proceedings of B.M. v. Indiana Univ. Health

Court of Appeals of Indiana

January 7, 2015

IN THE MATTER OF THE MENTAL HEALTH PROCEEDINGS OF B.M., Appellant-Respondent,
v.
INDIANA UNIVERSITY HEALTH, HOSPITAL, Appellee-Petitioner

APPEAL FROM THE MONROE CIRCUIT COURT. The Honorable Stephen R. Galvin, Judge. Cause No. 53C07-1403-MH-103.

ATTORNEY FOR APPELLANT: KARA A. HANCUFF, Monroe County Public Defender, Bloomington, Indiana.

ATTORNEY FOR APPELLEE: JAMES L. WHITLATCH, KATHRYN DeWEESE, Bunger & Robertson, Bloomington, Indiana.

MATHIAS, Judge. CRONE, J., concurs. RILEY, J., dissents with opinion.

Page 970

OPINION

MATHIAS, Judge

B.M. appeals the Monroe Circuit Court's order involuntarily committing him to a mental health facility. Specifically, B.M. argues that Indiana University Health ('the Hospital" ) did not present sufficient evidence to support his involuntary commitment.

We affirm.

Facts and Procedural History

On March 28, 2014, B.M. placed a 911 call from the Ellettsville Library to the police because he was worried that people were obtaining his personal information through a social network. The police transported B.M. to the Hospital where he was examined by an emergency room physician and a social worker. Both the physician and the social worker believed that B.M. was psychotic and paranoid and a potential threat to the safety of others. Appellant's App. pp. 3-4. Therefore, the Hospital filed an application for emergency detention. The trial court authorized B.M.'s emergency detention and he was admitted to the Hospital.

On April 1, 2014, the Hospital filed a " Report Following Emergency Detention." Dr. A.P. Griffith examined B.M. and found " probable cause to believe that [he] is suffering from a psychiatric disorder and is dangerous . . . and requires continuing care and treatment." Id. at 6. Specifically, Dr. Griffith observed that B.M. is " very threatening/psychotic. Angry[.] Upset. Refuses care." Id. at 10. Dr. Griffith also believed that B.M. is dangerous and as a result of his psychiatric disorder, B.M. " presents a substantial risk that he" will harm others. Id. at 11. The doctor opined that B.M. " is in need of custody, care, or treatment in an appropriate facility." Id. at 11.

Also, on April 1, 2014, Jennifer Kaladow, Ph.D. filed a petition for involuntary commitment. Dr. Kaladow also agreed with Dr. Griffith that B.M. was suffering from a psychiatric disorder. Specifically, Dr. Kaladow noted that B.M. is " extremely psychotic. He is quite angry, upset & very threatening. He has been refusing treatment." Id. at 9.

The trial court held a hearing on the Hospital's petition on April 8, 2014. Dr. Griffith testified that during his emergency detention at the Hospital, B.M. " has been quite delusional." Tr. p. 2. B.M. believes

that he is in fact in charge of the [] Securities Exchange Commission and that he is running websites throughout America and the world, believes that he has powers and abilities that one would typically say are not possible or true. [B.M.] does not believe that he has a mental illness. He believes that he is perfectly ...

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