from the Franklin County Court of Common Pleas, Probate
Division C.P.C. No. MI-26445
Michael Evans, for appellee.
McGann Law Office, and Steven McGann, for appellant.
Gregory S. Dupont.
1} Respondent-appellant, P.A., appeals a judgment of
the Franklin County Court of Common Pleas, Probate Division,
that involuntarily committed PA. for inpatient mental health
treatment and authorized forced medication of psychotropic
drugs. For the following reasons, we affirm that judgment.
2} On September 12, 2017, Dr. Ann Morrison, the
chief clinical officer of Twin Valley Behavior Healthcare
Hospital ("Twin Valley"), submitted an affidavit of
mental illness to the probate court. In the affidavit, Dr.
Morrison stated that PA. was a mentally ill person subject to
court order under the criteria set forth in R.C.
5122.01(B)(2), (3), and (4). Dr. Morrison explained:
[P.A.] is a 35 year old female, who was admitted to [Twin
Valley] on 8/17/2017 with a legal status of Incompetent to
Stand Trial, Unrestorable, related to charges of Assault,
Criminal Trespass (7 counts), Resisting Arrest, and Failure
to Disclose Personal Information. [P.A.] has been diagnosed
with Bipolar Disorder, unspecified. * * * She reportedly
received legal charges while homeless, resulting in attempts
to stay in multiple businesses after businesses closed as a
means of shelter. On one occasion, when a property owner
asked [P.A.] to leave the premises she became erratic and
assaultive. During all these incidents, [P.A.] was
uncooperative with law enforcement, refused to provide basic
information, and was resistant and evasive. On one occasion
(5/14/17), she reported she had been sexually assaulted the
night before, and when asked to elaborate about the assault,
[P.A.] stated she knew "in her spirit" that she was
assaulted while she slept. Since her admission to [Twin
Valley], [P.A.] has refused medication and demonstrated poor
judgement [sic] and poor insight into her mental health
needs. She was involved in a physical altercation with her
roommate while at [Twin Valley], and has been unable to share
a room due to paranoia and irritability. She isolates to her
room and does not participate in provided groups or interact
with peers. It was reported [P.A.] was naked in her room when
the adjoining unit (an all male unit) was in the court yard
outside her window and could see her. She has reported she
believes people are saying things about her and she appears
paranoid. [P.A.] has also reported she can see into other
people's spirits and can see when they have an evil
spirit within them. [P.A.] does admit to continued symptoms
of depression, and admitted to hearing voices in the past,
but believes the voices were "spirits" telling her
to hurt herself. [P.A.] has a severe mental illness and lacks
capacity to make treatment decisions. Due to her mental
illness, her thoughts, perceptions, moods, judgements [sic],
and behaviors are grossly impaired, causing her to be at risk
in the community in that she is unable to provide for her
basic needs such as maintaining adequate housing. [P.A.] has
been homeless since January and is banned from the local
shelter due to having a physical altercation with another
female while there. She also poses a risk to others, which is
demonstrated by her recent history of assaultive behavior. *
* * She would benefit from continued inpatient psychiatric
treatment at this time.
(Sept. 12, 2017 Affidavit of Mental Illness at 2.)
3} At the same time Dr. Morrison submitted the
affidavit of mental illness, she also filed with the probate
court an application to authorize the forced psychotropic
medication of PA In the application, Dr. Morrison alleged
P.A. was psychotic and unlikely to improve without
antipsychotic medication. P.A., however, was refusing to take
4} A magistrate reviewed the affidavit of mental
illness and found probable cause to believe that P.A. was a
mentally ill person subject to court order. Consequently, the
magistrate ordered P.A.'s continued detention at Twin
Valley. In a separate order, the magistrate scheduled a full
hearing for consideration of the affidavit of mental illness
and the application for forced psychotropic medication. The
magistrate appointed counsel for P.A. and designated Dr.
William Bates, a psychiatrist, as the court doctor.
5} The full hearing occurred on September 15, 2017.
Dr. Bates, Dr. Davis, and P.A. testified at the hearing.
Based on the evidence submitted, the magistrate found that
P.A. was a mentally ill person subject to court order and
committed her to Twin Valley for 90 ...