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COA: filing of commitment report is a procedural requirement

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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.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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