Interest of R.F.
- In the Interest of R.F.
North Dakota State Hospital, Petitioner and Appellee
R.F., Respondent and Appellant
- Case Type
- MENTAL HEALTH APPEAL : MENTAL HEALTH
- Appeal From
Case No. 04-R-472
Southeast Judicial District, Stutsman County
An individual found to be a person requiring mental-health treatment has the right to the least restrictive conditions necessary to achieve the purposes of treatment.
Orders for in-patient hospitalization and treatment are reviewed under the clearly erroneous standard. A district court's finding that alternative treatment is inadequate or that hospitalization is the least restrictive alternative will not be set aside unless clearly erroneous.
An order for in-patient hospitalization is not clearly erroneous where a doctor testifies that a mentally ill individual's dementia, which has yet to be fully diagnosed or treated, likely triggered a prescription-drug overdose, and asserts that the hospital's structure and supervision are temporarily needed to help avoid future self-medication accidents.
|APPELLEE||ASST. STATE'S ATTORNEY||Jay Anthony Schmitz - 05705|
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/14/2005||NOTICE OF APPEAL : 02/11/2005|
|2||02/14/2005||This case is CONFIDENTIAL|
|3||02/14/2005||RECORD ON APPEAL w/separate transcript dated December 27, 2004|
|6||02/11/2005||DISK - ATB (emailed)|
|7||02/15/2005||DISK - transcript (emailed)|
|10||02/18/2005||Request to Waive Oral Argument (e-mail from Jay Schmitz)|
|12||02/18/2005||ACTION BY CHIEF JUSTICE (Oral argument waived) - Granted|
|13||02/22/2005||APPEARANCES: submitted on brief under N.D.R.App.P. 34(f)|
|14||02/22/2005||ARGUED: submitted on brief under N.D.R.App.P. 34(f) (Vol. Z; Page 89)|
|15||02/25/2005||Efiling surcharge for AEB (receipt no. 16106)|
|17||03/04/2005||SPLIT OPINION : VandeWalle, Gerald W.||View|
|18||03/04/2005||DISSENTING : Kapsner, Carol Ronning|
|19||03/07/2005||Judgment Mailed to Parties|
|21||04/05/2005||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|22||09/13/2012||EXPUNGED - Nonpermanent record items destroyed|