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In re Bartley

North Carolina Court of Appeals
Mar 1, 1979
40 N.C. App. 218 (N.C. Ct. App. 1979)

Opinion

No. 7826DC957

Filed 6 March 1979

Insane Persons 1.2 — involuntary commitment — imminent danger to self — insufficient findings The trial court failed to record sufficient facts to support its conclusion that respondent was imminently dangerous to herself where it found only that respondent was unable to care for herself and had no one to care for her.

APPEAL by respondent from Beachum, Judge. Judgment entered 22 August 1978 in District Court, MECKLENBURG County. Heard in the Court of Appeals 31 January 1979.

Attorney General Edmisten, by Associate Attorney General Christopher S. Crosby, for the State.

Public Defender Fritz Y. Mercer, Jr., by Assistant Public Defender William D. Acton, Jr., for respondent appellant.


Judge MARTIN (Robert M.) dissenting.


On 14 August 1978, a petition for involuntary commitment was filed by Stephen Wayne Bartley to have respondent taken into custody to determine if she should be involuntarily committed to a State mental hospital. On 22 August 1977, a hearing was conducted before Judge Beachum. Dr. Allan Johnstone's reports of 15 August and 21 August 1978 constituted the only evidence presented to the court:

"[T]he first evaluation, dated August 15, 1978, was made by Dr. Allan M. Johnstone, M.D., of the Mecklenburg Mental Health Hospital. He wrote, as indications of mental illness: `Patient is very disorganized and rambles about delusional system of manuvers [sic] over (illegible) top of house yesterday — also about Camp Lejeune but doesn't make sense -' As indications of imminent danger to self or others he wrote: `Unable to care for own basic needs.' On the second evaluation dated August 21, 1978, Dr. Johnstone's indications of mental illness were: `Far advanced deteriorated schizophrenia. She is garbled and rambling in presenting "word salad". With loose associations e.g. "That's between me and my Artane (Rx rather than God)". His indications of imminent danger to self or others were: `She is unable to manage even minimally for self even with normal hygiene.' In both evaluations, Dr. Johnstone recommended Appellant be committed to Broughton State Hospital."

The trial court concluded that respondent is "out of touch with reality," and she "is imminently dangerous to self since she can not [sic] care for self and no one to care for her." The court ordered respondent to be committed to Broughton Hospital for a period not to exceed 90 days. Respondent appealed.


The only question presented by this record is whether there was sufficient recorded evidence to support the court's finding that respondent was imminently dangerous to herself.

G.S. 122-58.7 (i) provides:

"(i) To support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others, or is mentally retarded, and because of an accompanying behavior disorder, is imminently dangerous to others. The court shall record the facts which support its findings."

This statutory mandate requires as a condition to a valid commitment order that the District Court must find, first, that respondent is mentally ill or inebriate as defined in G.S. 122-36; and second, that respondent is imminently dangerous to herself or others as defined in G.S. 122-58.2.

Respondent does not object to the entry into evidence of the two affidavits of Dr. Johnstone, although he was not present at the proceeding, and respondent was not afforded the right, guaranteed by statute, to cross-examine all witnesses. Respondent simply contends that the court failed to record sufficient facts to support its finding that she was imminently dangerous to herself. We agree with respondent. The direction to the court to record facts which support its findings is mandatory. See In re Koyi, 34 N.C. App. 320, 238 S.E.2d 153 (1977); In re Hogan, 32 N.C. App. 429, 232 S.E.2d 492 (1977); and In re Neatherly, 28 N.C. App. 659, 222 S.E.2d 486 (1976).

Where, as here, the trial court failed to follow the requirements of the statute, the commitment order entered must be reversed.

The order appealed from is

Reversed.

Judge MITCHELL concurs.

Judge MARTIN (Robert M.) dissents.


Summaries of

In re Bartley

North Carolina Court of Appeals
Mar 1, 1979
40 N.C. App. 218 (N.C. Ct. App. 1979)
Case details for

In re Bartley

Case Details

Full title:IN THE MATTER OF MARILYN VIRGINIA BARTLEY, RESPONDENT

Court:North Carolina Court of Appeals

Date published: Mar 1, 1979

Citations

40 N.C. App. 218 (N.C. Ct. App. 1979)
252 S.E.2d 553

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