Alaska Supreme Court Case No. S-15793
Supreme Court Opinion
On January 29, 2016, the Alaska Supreme Court ruled in H.R.'s favor, holding that the required screening investigation must include interviewing the respondent if reasonably possible.
Following years of deteriorating relations between Appellant, H.R. and other owners in her condominium project and its association's board of directors, her condominum association filed a petition to have H.R. hospitalized for psychiatric evaluation without notice. Instead of conducting or ordering the screening investigation mandated by AS 47.30.700(a), or considering whether it was the least restrictive alternative as required by the United States and Alaska constitutions, the Court issued an Ex Parté (no notice) Order and H.R. was taken into custody by the police for confinement at the Alaska Psychiatric Institute for psychiatric evaluation. There was no testimony regarding any immediate threat, other than perhaps the fear that H.R.'s dog might harm someone, which fear was not new. H.R. was thus subjected to being picked up by the police without any notice and delivered for confinement at the Alaska Psychiatric Institute for psychiatric evaluation without having a chance to present her side, and without there being any reason for H.R. not being allowed to tell her side.
PsychRights appealed on H.R.'s behalf and argued
the Ex Parté Order should be
invalidated because the Court did not follow
47.30.700(a)'s mandate that prior to such an order being issued, the
Court must conduct or order a screening investigation. The required
screening investigation includes interviewing the person, if possible.
PsychRights also argued t
PsychRights also argued the issuance of the Ex Parté Order should be invalidated because it violated Due Process as there was no justification under the constitutions of the United States and State of Alaska for not giving H.R. notice of the petition and an opportunity to tell her side.
Argument was held September 15, 2015, and the Alaska Supreme Court issued its
Opinion, January 29, 2016. The Supreme
Court ruled that the order of involuntary evaluation was improper because
the court did not try to interview H.R.
Oral Argument was held September 15, 2015, and the Alaska Supreme Court issued its Opinion, January 29, 2016. The Supreme Court ruled that the order of involuntary evaluation was improper because the court did not try to interview H.R.
Last modified 2/13/2016
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