Interest of B.A.K.

B.A.K. appealed an order for treatment in which the district court found her to be a person who was mentally ill and requiring treatment. B.A.K. was initially hospitalized after an outburst at her regular physician's office. In March 2018, her daughter petitioned for B.A.K.'s involuntary commitment. B.A.K.'s husband also attempted to commit B.A.K. while they were in Arizona for the winter. At the treatment hearing, the district court heard testimony about B.A.K.'s mental health deterioration and her refusal to take medication. In October 2017, B.A.K. started taking anxiety and depression medication. She then experienced joint pain, and she was prescribed a steroid. B.A.K. was also taking a prescribed statin for high blood pressure. B.A.K. decided to take herself off the anxiety and depression medications, and she eventually stopped taking all medications. B.A.K. believed she was being monitored, among other delusions. On appeal, B.A.K. argued the district court's order was not supported by clear and convincing evidence to show she was a mentally ill person and a person requiring treatment. After review of the Case, the North Dakota Supreme Court was "left with a definite and firm conviction" the district court's conclusion was not supported by clear and convincing evidence: "Despite Dr. Huber's testimony that she believed B.A.K. was a person requiring treatment, she also testified B.A.K. required no restraint, medication, or seclusion while hospitalized. ... Dr. Huber identified B.A.K. was manic and had delusional thoughts, but no evidence was presented showing a reasonable expectation B.A.K. would be a serious risk to herself, others, or property." The Court held the district court clearly erred in finding B.A.K. required treatment, and reversed the district court's order. View "Interest of B.A.K." on Justia Law