Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Civil Commitment of M.L.

Court of Appeals of Indiana

June 27, 2017

In the Matter of the Civil Commitment of: M.L., Appellant-Respondent,
v.
Eskenazi Health / Midtown Mental Health CMHC, Appellee-Petitioner.

         Appeal from the Marion Superior Court The Honorable Steven R. Eichholtz Trial Court Cause No. 49D08-1612-MH-42227

          ATTORNEY FOR APPELLANT Valerie K. Boots Marion County Public Defender Indianapolis, Indiana

          ATTORNEY FOR APPELLEE Jessica Barth Eskenazi Health Indianapolis, Indiana

          Riley, Judge.

         STATEMENT OF THE CASE

         [¶1] Appellant-Respondent, M.L., appeals the trial court's grant of Appellee-Petitioner's, The Health and Hospital Corporation of Marion County d/b/a/ Eskenazi Health/Midtown Mental Health CMHC (Eskenazi), request for temporary commitment.

         [¶2] We affirm in part, reverse in part, and remand with instructions.

         ISSUES

         [¶3] M.L. raises one issue for our review, which we restate as: Whether Eskenazi presented sufficient evidence to support the special condition of commitment.

         [¶4] Eskenazi presents one issue, which we restate as: Whether Eskenazi is entitled to appellate attorney's fees pursuant to Indiana Appellate Rule 66(E).

         FACTS AND PROCEDURAL HISTORY

         [¶5] On November 14, 2016, thirty-year-old M.L. was admitted to the inpatient unit at Eskenazi hospital on an emergency detention. Eskenazi filed a petition for involuntary commitment that same day, which was denied by the trial court. M.L. was released from the hospital on November 22, 2016.

         [¶6] On November 24, 2016, M.L. returned to the hospital to speak with Dr. Aimee Patel (Dr. Patel), the attending psychiatrist. When he learned that Dr. Patel was not there that day, M.L. asked the staff for a list of the chemicals he had been exposed to during his recent hospitalization. M.L. left, but returned on November 28, 2016, again requesting to speak with Dr. Patel. Dr. Patel observed M.L. to be "very disorganized, pressured, paranoid. Speaking about be[ing] a spy and recording everything. [And] [n]eeding a list of all chemical exposures." (Transcript p. 7). She became concerned and filed another petition, seeking an emergency detention of M.L. The application included a physician's emergency statement, which was signed on the same date. Dr. Patel re-admitted M.L. to the inpatient psychiatric unit. The hospital filed a Report Following Emergency Detention on November 30, 2016, which included a physician's statement.

         [¶7] Upon M.L.'s re-admission, Dr. Patel determined that "[h]e [wa]s having a very clear episode of bi-polar mania. Which has led to [a] very impaired thought process. He [wa]s quite paranoid, quite delusional, very pressured." (Tr. p. 7). M.L. was given emergency medication for agitation several times at the hospital but refused all offered medications. M.L. was "placed in restraints for safety. He had made a number of statements about - actually about killing himself[.]" (Tr. p. 7). He made threatening statements and gestures toward other people on the unit and spoke of purchasing a gun for protection.

         [¶8] On December 5, 2016, the trial court conducted an evidentiary hearing. During the proceedings, Dr. Patel testified that M.L. was both dangerous to himself and others, and gravely disabled by his mental illness in that he was not able to provide his own food, clothing, shelter, and basic needs. Dr. Patel also requested that the trial court impose certain special conditions on M.L. as part of the Order of Commitment, including that he "not use alcohol or drugs, other than those prescribed by a certified medical doctor." (Tr. pp. 18-19). At the close of the evidence, the trial court ordered M.L. to be involuntarily committed to Eskenazi hospital on a temporary basis for a period not to exceed ninety days. Among the special conditions made a part of the Commitment Order was the trial court's mandate that "upon attaining outpatient status, " M.L. "shall not use alcohol or drugs, other than those prescribed by a certified medical doctor." (Appellant's App. Vol. II, p. 7).

         [¶9] M.L. now appeals. Additional facts will be ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.