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Interest of J.S.

Docket No. 20060156
Oral Argument: Monday, June 12, 2006 10:45am

Docket Info

Title
In the Interest of J.S.
--------------
Daisy Van Valkenburg, M.D., Petitioner and Appellee
v.
J.S., Respondent and Appellant
Case Type
MENTAL HEALTH APPEAL : MENTAL HEALTH
Appeal From
Case No. 04-R-227
Southeast Judicial District, Stutsman County
Mikal Simonson
2006 ND 143717 N.W.2d 598

Highlight

Mentally ill persons who require treatment are entitled to the least restrictive treatment that will meet their treatment needs.
When deciding whether alternative treatment to hospitalization is adequate, the district court is required to make a two-part inquiry: (1) whether a treatment program other than hospitalization is adequate to meet the individual's treatment needs; and (2) whether an alternative treatment program is sufficient to prevent harm or injuries that an individual may inflict on himself or others.
When available alternative treatment programs are insufficient to prevent harm or injures that an individual may inflict on himself or others, less restrictive treatment cannot be ordered.


Briefs

Filing Date Description
05/25/2006 APPELLANT BRIEF View
06/01/2006 APPELLEE BRIEF View

Counsel

Party Type Name
PETITIONER SPEC. ASST. ATTY. GEN. Leo Albert Ryan - 05420
RESPONDENT COURT APPOINTED Jodie Koch Scherr - 05339

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 05/30/2006 NOTICE OF APPEAL : 05/25/2006
2 05/30/2006 ORDER FOR TRANSCRIPT : 05/25/2006
3 05/30/2006 RECORD ON APPEAL
4 05/25/2006 APPELLANT BRIEF View
5 05/25/2006 APPELLANT APPENDIX
6 05/26/2006 DISK - ATB
7 05/31/2006 Supplemental Clerk's Certificate dated 5/30/06 (Clerk's Certificate No. 50)
8 05/31/2006 TRANSCRIPT DATED April 26, 2006
9 05/31/2006 DISK - TRA dated April 26, 2006
10 06/01/2006 APPELLEE BRIEF View
11 06/02/2006 DISK - AEB
12 06/06/2006 Notice of Appellant to be present at hearing
13 06/12/2006 APPEARANCES: Jodie Koch Scherr; Leo A. Ryan
14 06/12/2006 ARGUED: Koch; Ryan
15 06/29/2006 DISPOSITION
16 06/29/2006 UNANIMOUS OPINION : Sandstrom, Dale V. View
17 07/03/2006 Judgment Mailed to Parties
18 07/25/2006 MANDATE
19 07/28/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
20 10/11/2016 EXPUNGED - Nonpermanent record items destroyed