Opinion
No. 3-608 / 02-1158
Filed October 29, 2003
Appeal from the Iowa District Court forWoodbury County, Mary Jane Sokolovske, Judge.
M.F. appeals the district court ruling finding she has a serious mental impairment and involuntarily committing her. AFFIRMED.
John Moeller of O'Brien, Galvin Moeller, Sioux City, for appellant.
Thomas Mullin, County Attorney, and John Sullivan, Assistant County Attorney, Sioux City, for appellee.
Considered by Sackett, C.J., and Vogel and Miller, JJ.
Mona F. appeals the district court ruling finding she has a serious mental impairment and involuntarily committing her. An involuntary commitment proceeding is a special action triable to the court as an ordinary action at law. In re Oseing, 296 N.W.2d 797, 800-01 (Iowa 1980). Accordingly, we review challenges to the sufficiency of the evidence for errors at law. Iowa R.App.P. 6.4.
The definition of serious mental impairment has three elements. In re J.P., 574 N.W.2d 340, 323 (Iowa 1998). The respondent must be found to have (1) a mental illness, consequently (2) to lack "sufficient judgment to make responsible decisions with respect to the person's hospitalization or treatment" and (3) to be likely, if allowed to remain at liberty, to inflict physical injury on the person's self or others, to inflict serious emotional injury on a designated class of persons, or be unable to satisfy the person's physical needs. Id. Our supreme court has also noted the endangerment element "requires a predictive judgment, based on prior manifestations but nevertheless ultimately grounded on future rather than past danger." In re Mohr, 383 N.W.2d 539, 542. (Iowa 1986). The danger the person poses to himself or others must be evidenced by a "recent overt act, attempt or threat." Id.
On appeal, Mona submits there is not clear and convincing evidence that she is likely, if allowed to remain at liberty, to inflict physical injury on herself or inflict serious emotional injury on members of her family or others who lack reasonable opportunity to avoid contact. We disagree. The record is replete with evidence of recent overt acts and threats. Mona's sister, Sherry, provided a statement detailing Mona's numerous threats to kill herself or others, even indicating the specific method in which she would kill herself. In addition, Mona's brother provided an affidavit in which he recounted her "uncontrollable rage" and threats to kill her husband and other family members. Further, Dr. Richard Brown, who prepared a "Physician's Report of Examination Pursuant to Section 229.10(2)," found that Mona was mentally ill and diagnosed her as suffering from bipolar disorder with hypomania agitation. He also noted Mona's medication and compliance problems and opined she could not be treated on an out-patient basis, but rather would require medication and hospitalization. Finally, when asked to theorize whether Mona would be likely to either "physically injure [her]self or others" or "inflict severe emotional injury on those unable to avoid contact" with her, he responded affirmatively.
We conclude the State established by clear and convincing evidence that Mona is seriously mentally impaired and in need of involuntary commitment. Accordingly, we affirm the district court order.