For the Best Interest and Protection of B.C. As A Mentally Ill PersonAppeal from Probate Court No 1 of Bexar County (Memorandum Opinion )

State: Texas

Court: Texas Northern District Court

Docket No: 04-13-00250-CV

Case Date: 07/10/2013

Preview:Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00249-CV No. 04-13-00250-CV The STATE of Texas for the Best Interest and Protection of B.C. as a Mentally Ill Person From the Probate Court No. 1, Bexar County, Texas Trial Court Nos. 2013MH0904 & 2013MH0849 Honorable Polly Jackson Spencer, Judge Presiding 1 Opinion by: Sitting: Sandee Bryan Marion, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

Delivered and Filed: July 10, 2013 AFFIRMED This is an appeal from the trial court's order of temporary commitment for inpatient mental health services and for the administration of psychoactive medication. In two issues on appeal, appellant, B.C., contends (1) the evidence is legally and factually insufficient to order the temporary commitment of B.C. for inpatient mental health services, and (2) because the evidence is insufficient to commit him, the evidence is legally and factually insufficient to compel the administration of psychoactive medication to B.C. We affirm.

1

The Honorable Polly Jackson Spencer is the presiding judge of the Probate Court No. 1 of Bexar County. However, Associate Judge Oscar Kazen presided over B.C.'s temporary commitment hearing and administration of psychoactive medication hearing and signed both orders in this case.

04-13-00249-CV & 04-13-00250-CV

SUFFICIENCY OF THE EVIDENCE A trial court may order a patient to receive court-ordered temporary mental health services only if the trier of fact finds, by clear and convincing evidence, that the patient is (1) mentally ill and: (2) as a result of that mental illness the proposed patient: (A) is likely to cause serious harm to himself; (B) is likely to cause serious harm to others; or (C) is: (i) suffering severe and abnormal mental, emotional, or physical distress; (ii) experiencing substantial mental or physical deterioration of the proposed patient's ability to function independently, which is exhibited by the proposed patient's inability, except for reasons of indigence, to provide for the proposed patient's basic needs, including food, clothing, health, or safety; and (iii) unable to make a rational and informed decision as to whether or not to submit to treatment. TEX. HEALTH & SAFETY CODE ANN.

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