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Idaho Dep't of Health & Welfare v. Doe

Court of Appeals of Idaho

September 18, 2014

IDAHO DEPARTMENT OF HEALTH & WELFARE, MENTAL HEALTH SERVICES, Petitioner-Respondent,
v.
JANE (2014-03) DOE, Respondent-Appellant

2014 Opinion No. 75.

Page 615

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John R. Stegner, District Judge. Hon. Scott Wayman, Magistrate.

Order of the district court, on intermediate appeal from the magistrate, affirming order of involuntary hospitalization, affirmed.

John M. Adams, Kootenai County Public Defender, Jay Logsdon, Deputy Public Defender, Coeur d'Alene, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge. Chief Judge GUTIERREZ and Judge GRATTON, CONCUR.

OPINION

Page 616

[157 Idaho 276] MELANSON, Judge

Jane (2014-03) Doe appeals from the district court's order, entered in its intermediate appellate capacity, affirming Doe's involuntary hospitalization. Doe argues that the magistrate violated Idaho Rule of Civil Procedure 52(a) by failing to make a record of its findings of fact and that there was insufficient evidence to support Doe's involuntary hospitalization. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURES

An officer responded to a call in which Doe informed the dispatcher that there were people " out to get" her and she had attempted to kill herself by taking pills. Doe told the officer that she just wanted " it to be over" and that, when the officer left, she would " take care" of it. The officer placed Doe into protective custody and she was transferred to a medical center. A petition for involuntary hospitalization came before the magistrate, who, after a hearing, granted the petition and hospitalized Doe pursuant to I.C. § 66-329(11)[1]. Doe appealed and the district court vacated the order of commitment on the basis that an inadequate record of the proceeding had been preserved. A new hearing was held before a different magistrate. The magistrate found that Doe was mentally ill, likely to injure herself, gravely disabled, and could not provide informed consent to treatment. Doe again appealed, ...


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