DC: can 'voluntary' mental pt. be committed?: Pt. committed--'least restrictive alternative'.

CASE FACTS: Evelyn Lanier suffered from mental illness for many years and had a long history of noncompliance with treatment that led to many voluntary and involuntary hospitalizations. She received voluntary outpatient care while living in a community residential facility where she had been placed by her guardian, Stephanie Bradley. She began to deteriorate and experienced problems in her living situation mainly due to her refusal to take her medication or obey the rules of the residential facility. On September 4, 2003, Bradley was summoned to the residential facility. Lanier had not taken her medication for three days, had locked herself in the bathroom, and had been screaming and yelling. Bradley coaxed Lanier from the bathroom into her bedroom. However, Lanier locked the door before Bradley could enter the room. To avoid damage to the property and further disruption for other tenants, Bradley called the police. Police broke down the door, handcuffed Lanier, and put her in a squad car. This led to her being involuntary commitment to Saint Elizabeths Hospital on an emergency basis. Lanier stayed at the hospital until October 16, 2003. After her release, she again failed to comply with her treatment regimen. On November 4, Bradley filed a petition for a judicial order for hospitalization. Lanier lived in the residential facility pending hearing on the petition. However, on November 13, 2003, at a routine hearing in the courthouse, Lanier again behaved in a manner that required her hospitalization. After complaining that she had not been able to talk with her attorney, Lanier approached the conservator of her estate in a "menacing" manner and threatened to put Bradley's "head through the wall." She was taken to the Psychiatric Institute of Washington (PIW). Bradley testified that, as a matter of internal policy, PIW did not "normally like to take patients who are going to be adjudicated for involuntary hospitalization." Consequently, Lanier was persuaded to admit herself voluntarily. She remained there until December 3, 2003. Lanier's trial for involuntary commitment on the November 4 petition began on May 17, 2004, while she was still a voluntary patient at PIW. Lanier filed a motion to dismiss on the grounds that she was a voluntary patient. The trial court denied her motion and ordered that she be committed. She appealed.

COURT'S OPINION: The Court of Appeals of the District of Columbia affirmed the judgment of the trial court. The court held, inter alia, that although Lanier had voluntarily committed herself, the trial court had not abused its discretion. The court noted that courts have always favored the "least restrictive alternative" supported by the record to ensure the safety of the patient. In re Lanier, No. 04-FM-726 (D.C. 09/13/2006)--DC

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