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The Court of Appeals of Indiana affirmed a trial court’s denial of a man’s petition challenging his continued confinement at a mental health facility, finding the evidence showed the man remained dangerous to himself and others.
According to court records, S.C. is a 23-year-old man who has been diagnosed with schizoaffective disorder and who experiences auditory and visual hallucinations.
On Aug. 2, 2021, the Sandra Eskenazi Mental Health Center filed a petition to involuntarily commit S.C. The petition stated that S.C. was diagnosed with schizophrenia, was a risk to himself and had “frequent suicidal thoughts — feeling a need to commit suicide.”
On Aug. 5, 2021, the Marion Superior Court held an evidentiary hearing to determine if S.C. should be committed. The trial court issued an order of temporary commitment the same day, committing S.C. to Eskenazi until Nov. 3, 2021.
The order required S.C. to take all medications as prescribed, attend all clinic sessions as scheduled and maintain his contact information with the trial court and designated facility.
On Sept.29, 2021, Eskenazi requested indefinite or regular commitment of S.C. because S.C. “continue[d] to refuse treatment at times and declin[ed] medications, [and] exhibit[ed] impulsivity, with poor to no insight into his illness.”
The trial court issued an order of regular commitment Oct. 21, 2021, after finding S.C. was dangerous to himself, dangerous to others and gravely disabled.
Eskenazi transferred S.C. to the Neuro Diagnostic Institute in January 2022.
NDI diagnosed S.C. with schizoaffective disorder and cannabis use disorder. It also attempted to discontinue one of S.C.’s medications “given the minimal amount of evidence for its use.”
However, after missing only two doses of that medication, S.C. “became violent and physically assaulted a female nurse by punching her in the face. He lacked remorse for this event” and warned “that he was not afraid to hit a woman now or in the future.”
NDI transferred S.C. to Richmond State Hospital on Oct. 3, 2022.
On Nov. 30, 2022, the trial court held an evidentiary hearing to review S.C.’s request for the review or dismissal of regular commitment.
S.C. took the stand at the hearing to testify on his own behalf. His counsel asked when S.C. last had suicidal thoughts, and S.C. admitted, “Uhm, yesterday, last night.”
That same day, the trial court continued S.C.’s regular commitment after finding that S.C. had schizoaffective disorder and cannabis use disorder; was dangerous to himself, dangerous to others and gravely disabled; and commitment was “the least restrictive environment suitable for treatment and stabilization as well as protecting [S.C.] while restricting [S.C.’s] liberty to the least degree possible.”
S.C. appealed and argued the evidence before the trial court was insufficient to support the trial court’s finding of cannabis use disorder. He also argued that there was not clear and convincing evidence that he is dangerous to himself or others.
The Court of Appeals affirmed the trial court’s denial of S.C.’s petition, finding evidence in the record supported that S.C. is mentally ill and dangerous to himself and others, and supported the trial court’s continued commitment of S.C.
Judge Melissa May wrote the opinion for the appellate court, which found that record clearly established S.C. has schizoaffective disorder that causes him to experience visual and auditory hallucinations.
“Accordingly, S.C. is mentally ill as required by Indiana Code section 12-26-2-5(e)(1). The finding of cannabis use disorder was superfluous, and we need not determine whether the evidence was sufficient to support it,” May wrote.
According to May, S.C. failed to acknowledge the ways his behavior changed in October 2022 when he stopped taking his medication.
Specifically, S.C. became preoccupied with his hallucinations, was unable to engage in conversations with staff and paced the unit angrily while responding to the hallucinations. S.C.’s hallucinations were military in nature, and he was screaming “kill, kill” in the hallway.
Additionally, May noted that the record contained substantial evidence that S.C. can quickly become violent toward others, as he punched a nurse in the face at NDI when he stopped a medication for only two doses.
“In addition, a report from Dr. Adeel Ansari at Eskenazi stated that S.C. has ‘admitted at least four times’ that he has suicidal thoughts with a plan to harm himself, aggressive behavior, made threats to harm others, and assaulted his mother,” May wrote, adding that record supported the trial court determination that S.C. remained a substantial risk of harm to himself or others.
Chief Judge Robert Altice and Judge Peter Foley concurred.
The case is In re Commitment of: S.C. v. Richmond State Hospital, 22A-MH-3071.
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