ILNews

COA: filing of commitment report is a procedural requirement

Back to TopCommentsE-mailPrintBookmark and Share

In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.

In Involuntary Commitment of S.S., No. 49A02-1011-MH-1251, S.S. appealed the denial of her motion to correct error which she filed after the probate court found she was gravely disabled and ordered her to be temporarily committed. S.S. was admitted to Wishard Health Services in Indianapolis on Sept. 16, 2010. Wishard filed the application with the probate court to have her involuntarily committed at 11:30 a.m. that day. Dr. Michael DeMotte examined S.S. September 21 and concluded she needed to continue to be detained. Wishard submitted his report at 11:46 a.m. that day.

Although S.S.’s commitment has since expired, the Court of Appeals still addressed her appeal because this issue is likely to recur. S.S. argued that the trial court lacked jurisdiction to preside over her commitment proceedings because DeMotte’s report was filed after the period of her detention had ended, so her due process rights were violated. The report was filed 16 minutes late based on the time periods dictated by statute.

S.S. argued this tardy filing of the report stripped the probate court of its jurisdiction to preside over her preliminary hearing and that the timely filing of the report is a jurisdiction prerequisite. Wishard argued that the timely filing of the report is a procedural requirement, without statutorily imposed consequences for untimely filing.

The judges agreed with Wishard. Should the trial court lose jurisdiction over the case, the detained person would be deprived of a forum to seek an order of release, wrote Judge James Kirsch. Regarding S.S.’s due process concerns, Wishard’s failure to comply with the time frame was de minimis with no resulting harm to S.S., the judge continued. Had the report been filed just before the end of S.S.’s detention period, she likely would have had an extended period of detention during the statutorily created 24-hour time frame in which the trial court must consider the report and act.

“The probate court acted in a timely fashion upon receipt of the report, set the matter for hearing, and entered its order of temporary commitment within the time frame established by statute. Thus, there was no prejudice to S.S. As previously stated, we acknowledge the extreme importance and constitutional dimension of the liberty interests of detained persons, but also acknowledge that those interests must be balanced by consideration of the safety interests of the detained person and society,” he wrote.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

ADVERTISEMENT