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HomeMy WebLinkAbout92-4463 CivilIN RE: BRETT A. GREEGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4463 CIVIL 1992 MENTAL HEALTH APPEAL OPINION PURSUANT TO PA R.A.P.1925(b) Oler, J. - July 8, 1993 This case arises under the Mental Health Procedures Act of 1976.1 At issue is the propriety of conducting a hearing on a petition for court-ordered involuntary treatment under Section 304 of the Act' within six days of an initial commitment under Section 302 of the Act' and within four days of a commitment under Section 303 of the Act.4 For the reasons set forth below, the Court does not believe that such a procedure was violative of the Act. Factual Back ound. A hearing on Appellant's petition for review of the order for Section 304 treatment' was held before the undersigned judge on May 17, 1993. At that time, Dr. Eric K. Bonsall, a psychiatrist, testified as to the mental state of Appellant, indicating that he had treated Appellant as a patient,e and that Appellant's "diagnosis would be bipolar disorder, ... Tourette's disorder, and oppositional defiant 1 Act of July 9, 1976, P.L. 817, §101, 50 P.S. §7101 et. seq. (1993 Supp.). ' Act of July 9, 1976, P.L. 817, §304, as amended, 50 P.S. §7304 (1993 Supp.). 3 Act of July 9, 1976, P.L. 817, §302, as amended, 50 P.S. §7303 (1993 Supp.). 4 Act of July 9, 1976, P.L. 817, §302, as amended, 50 P.S. §7303 (1993 Su Appellant's Statement of Matters Complained of, filed June 3, 1993. pp ); see 5 See Act of July 9, 1976, P.L. 817, §109(b), as amended, 50 P.S. §7109(b) (1993 Supp.). The petition was styled a "Petition for Appeal from Involuntary Commitment." 6 N.T. 4. No. 4463 Civil 1992 disorder."' Moreover, Dr. Bonsall stated that "Eastern State ... would be the most appropriate placement for [Appellant] at this time given the [chronic] severity of his disorder."' Dr. Bonsall also testified as to Appellant's medical history, involving three hospitalizations for his illnesses.' The initial period of hospitalization occurred after Appellant was involved in burglarizing houses.10 Because Appellant became acutely depressed and threatened to kill himself following this event, he was hospitalized in the Carlisle Hospital from July 5, 1992, until August 11, 1992.11 Appellant was again hospitalized at the Carlisle Hospital from November 13, 1992, until December 28, 1992,12 at which point he was transferred to Eastern State School and Hospital where he remained until March 19, 1993.13 Finally, Appellant was again hospitalized in the Carlisle Hospital from May 5, 1993, until May 13, 1993.14 When Appellant was initially hospitalized on May 5, he ' N.T. 5. 8 N.T. 7. 9 N.T. 7. 10 N.T. 7-8. 11 N.T. 8. t2 N.T. 10. 13 N.T. 11. 14 N.T. 18. 2 No. 4463 Civil 1992 "was a patient under 302 of the Mental Health Procedures Act.i15 However, a hearing under Section 303 of the Act was held on May 6, 1993, before the mental health review officer, and a subsequent hearing under Section 304 was held by the officer on May 10, 1993.18 On May 13, 1993, following the Section 304 hearing, Appellant was transferred to Eastern State School and Hospital." Appellant petitioned for review of the order directing involuntary treatment under Section 30418 and, following a hearing on the matter, the appeal was denied.19 Appellant has now appealed to the Superior Court, contending "that conducting the Section 304 hearing within six days of the initial 302 commitment and within four days of the 303 commitment violates the spirit of the Mental Health Procedures Act and the intention of the legislature in enacting said Act."20 Pursuant to Pennsylvania Rule of Appellate Procedure 1925(b), this Opinion is written in support of the Court's decision to deny the petition. 15 N.T. 32. is N.T. 32. Originally, a hearing under Section 304 was scheduled for May 5, 1993. However, since one could not proceed directly from a Section 302 involuntary treatment to a Section 304 involuntary treatment, the Section 303 hearing was conducted. See N.T. 29-30. 17 N.T. 18. 18 See Act of July 9, 1976, P.L. 817, §109(b), as amended, 50 P.S. §7109(b) (1993 Supp.). is Order of Court, May 17, 1993. 20 Statement of Matters Complained of, at 1, filed June 3, 1993. M No. 4463 Civil 1992 Statement of law. It is a fundamental rule of statutory construction that "[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." Act of December 6, 1992, P.L. 1339, §3, 1 Pa. C.S. §1921(b) (1993 Supp.). Since the plain meaning of the language set forth in Section 304 does not impose the procedural limitations advocated by Appellant, this Court is of the opinion that such limitations cannot be impressed upon it. Section 304(b) provides that a "[p]etition for court ordered involuntary treatment [may be made] for persons already subject to treatment under sections 303, 304 and 305." In interpreting the language of this statute to determine the propriety of proceeding directly from an order of involuntary treatment under Section 302 to a petition for involuntary treatment under Section 304, the Pennsylvania Superior Court has held that "where a patient is being treated under section 302 he may not be involuntarily committed under section 304 prior to emergency treatment under Section 303." In re Ann S., 279 Pa. Super. 618, 622, 421 A.2d 370, 372 (1980). In other words, parties cannot "bypass interim emergency treatment under section 303 and ... proceed directly to the more lengthy commitment period under section 304." Id. at 621, 421 A.2d at 370. However, despite this procedural requirement, neither Section 304 nor the case law interpreting this provision mandates that a minimum amount of time elapse under an order for involuntary treatment under Section 303 before a Section 4 No. 4463 Civil 1992 304 petition may be filed. Regulations promulgated pursuant to the Mental Health ProceduresAct of 1976 confirm that "[a] petition for court-ordered treatment under section 304 ... shall not be filed for a person held for involuntary emergency examination and treatment under section 302 of the act ... without first proceeding under section 303." 55 Pa. Code §5100.88. The Regulations also provide that "[t]he petition for court ordered involuntary treatment for persons already subject to involuntary treatment shall be filed not less than 5 days prior to the expiration of the involuntary treatment previously authorized." Id. (emphasis added). This language indicates that a petition for involuntary commitment under Section 304 must be filed well prior to the termination of a Section 303 commitment, and imposes no minimum period which must expire before the filing of a petition for commitment under Section 304. Application of law to facts. Based upon the language of Section 304, as well as the provisions set forth in the regulations, this Court is of the opinion that it was not per se improper for a hearing to be held under Section 304 of the Mental Health Procedures Act within six days of the hearing under Section 302 of the Act and within four days of the hearing under Section 303 of the Act. Furthermore, in this case, the hearing held by this Court on May 17, 1993, on Appellant's petition for review of the earlier order confirmed the necessity for involuntary treatment under Section 304 at 5 No. 4463 Civil 1992 an even later date. For these reasons, Appellant's petition for review was denied." Robert L. O'Brien, Esq. Solicitor for Cumberland/Perry MH/MR Robert P. Kline, Esq. Attorney for Petitioner 21 Cf. In re. Tally, 18 Pa. D. & C. 3d 359, 364 (Allegheny Co. 1973) affd 493 Pa. 621, 427 A.2d 648 (1981) (holding that a violation of the Mental Health Procedures Act does not warrant setting aside an order of involuntary commitment because "the purpose of the act is to assure adequate treatment to persons who are mentally ill"). D J. A53024/93 IN RE: BRETT A. GREEGER APPEAL OF: BRETT A. GREEGER, APPELLANT IN THE SUPERIOR COURT OF PENNSYLVANIA NO. 373 HARRISBURG 1993 Appeal from the Order entered May 17, 1993 docketed May 25, 1993 in the Court of Common Pleas of Cumberland County, Civil Division at No. 4463CIVIL1992. JUDGMENT oN coNSmmnoN wmmwF, it is now here ordered and adjudged by this Court that the judgment of the Court of Common Pleas of CUMBERLAND County be, and the same is hereby AFFIRMED. Data Feb. 11, 1994 BY THE COURT.- J. A53024/93 IN RE: BRETT A. GREEGER APPEAL OF: BRETT A. GREEGER, APPELLANT IN THE SUPERIOR COURT OF PENNSYLVANIA NO. 373 HARRISBURG 1993 Appeal from the Order entered May 17, 1993 docketed May 25, 1993 in the Court of Common Pleas of Cumberland County, Civil Division at No. 4463CIVIL1992. BEFORE: CAVANAUGH, McEWEN AND DEL SOLE, JJ. MEMORANDUM: JK j L E D FEB 111994: , This is an appeal from an Order of Involuntary Commitment pursuant to the Mental Health Procedures Act, 50 P.S. § 101, et see . Appellant alleges in this appeal that the procedures implemented to obtain his ninety day commitment to the Eastern State School and Hospital pursuant to Section 304 of the Mental Health Procedures Act violated the spirit and language of the Act. We disagree. We have reviewed the record and have afforded due consideration to the legal arguments. We find that the able and thorough opinion of the Honorable J. Wesley Oler, Jr. has carefully addressed and properly rejected Appellant's contention. Further discussion by this court would, therefore, be purposeless. Order affirmed.