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In the Interest of K.J.L., 541 N.W.2d 698 (N.D. 1996)
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Filed Jan. 5, 1996

IN THE SUPREME COURT

STATE OF NORTH DAKOTA
In the Interest of K.J.L.
James T. Avard, Petitioner and Appellee
v.
K.J.L., Respondent and Appellant

Civil No. 950385
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable William F. Hodny,

Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Chief Justice.
Allen M. Koppy, State's Attorney, 210 2nd Avenue NW, Mandan, ND 58554, for petitioner and appellee.
Gregory Ian Runge, Suite A, 418 E. Rosser Avenue, Bismarck, ND 58501, for respondent and appellant.


[541 N.W.2d 699]

In the Interest of K.J.L.
Civil No. 950385


VandeWalle, Chief Justice.
K.J.L.
appealed from an order requiring that he undergo treatment for mental illness on an outpatient basis for a period of 90 days. We affirm.

K.J.L.
was a resident at Dakota Alpha, a transitional rehabilitation program for adults who have suffered severe spinal or head injuries. K.J.L.'s case manager Filed a petition for involuntary commitment, alleging that K.J.L. was mentally ill and required treatment. The petition stated that K.J.L. "experiences periodic episodes of explosive aggressive/assaultive behavior." In particular, K.J.L. assaulted a nurse and another resident who was in a wheelchair; as a result of this "blow up episode," K.J.L. was hospitalized by emergency at St. Alexius Medical Center in Bismarck, North Dakota. As required by section 25-03.1-17, NDCC, the Morton County District Court held a preliminary hearing on the petition and determined that there was probable cause to believe that K.J.L. was mentally ill and required treatment. The court ordered that K.J.L. be hospitalized at St. Alexius Medical Center for fourteen days.


After a treatment hearing held pursuant to section 25-03.1-19, NDCC, the trial court found that K.J.L. requires medication as a result of his head injury and that he becomes aggressive and does not handle his temper when he does not take his medication. Although K.J.L. gave conflicting testimony that he was not the aggressor, the trial court

[541 N.W.2d 700]
determined that K.J.L. assaulted the patient in the wheelchair and the nurse who was attempting to stop the assault. The

trial court ordered that K.J.L. undergo treatment other than hospitalization; specifically, K.J.L. was ordered to undergo treatment for a period of 90 days at St. Alexius as an outpatient while residing with his family. The order also provided
K.J.L. with the option to return to Dakota Alpha if he so chooses. On expedited appeal, K.J.L. challenges the sufficiency of the evidence used to determine that K.J.L. required treatment.
Before a court can issue an order for involuntary treatment, the petitioner has the burden to prove by clear and convincing evidence that the respondent is a person requiring treatment. N.D. Cent. Code 25-03.1-19; In Interest of B.D., 510 N.W.2d 629, 631 (N.D. 1994). To establish that an individual is a "person requiring treatment," section 25

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North Dakota Law