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Interest of R.F.

Docket No. 20050053
Oral Argument: Tuesday, February 22, 2005 4:00pm

Docket Info

Title
In the Interest of R.F.

North Dakota State Hospital, Petitioner and Appellee
v.
R.F., Respondent and Appellant
Case Type
MENTAL HEALTH APPEAL : MENTAL HEALTH
Appeal From
Case No. 04-R-472
Southeast Judicial District, Stutsman County
Mikal Simonson
2005 ND 54692 N.W.2d 905

Highlight

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.

Briefs

Filing Date Description
02/11/2005 APPELLANT BRIEF View
02/18/2005 APPELLEE BRIEF View

Counsel

Party Type Name
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
4 02/11/2005 APPELLANT BRIEF View
5 02/11/2005 APPELLANT APPENDIX
6 02/11/2005 DISK - ATB (emailed)
7 02/15/2005 DISK - transcript (emailed)
8 02/18/2005 APPELLEE BRIEF View
9 02/18/2005 E-FILED BRIEF
10 02/18/2005 Request to Waive Oral Argument (e-mail from Jay Schmitz)
11 02/18/2005 E-FILED MOTION
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)
16 03/04/2005 DISPOSITION
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
20 04/04/2005 MANDATE
21 04/05/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
22 09/13/2012 EXPUNGED - Nonpermanent record items destroyed