Appeals of Involuntary Admission Orders

Allyson K. Tysinger

Office of the Attorney General

May 2010

Appeals of Involuntary Admission Orders Problems Moot appeals

Current law provides a 30 day time frame within which to file an appeal

In 2008, the length of an initial commitment order was reduced from 180 days to 30 days

If an appeal is filed at the end of the 30 day appeal window, the underlying commitment order would likely expire before the appeal could be heard, rendering the appeal moot.

Appeals of Involuntary Admission Orders Problems

Appeals to be heard “de novo” but statute fails to specify whether the processes applicable at the district court level are applicable to appeals in the circuit court Independent examination required? Preadmission screening report required?

Appeals of Involuntary Admission Orders Problems

Statute silent as to whether underlying order remains in effect pending appeal

Unclear as to whether a circuit court order for involuntary admission can impose a new period of involuntary admission or simply affirms the underlying order

SB 63(Lucas)/HB 247(Kilgore)Time Frame Appeals of involuntary admission orders must

be filed within 10 days from the date of the order This 10 day time frame is consistent with all other

appeals from general district courts to circuit courts (See, e.g., Va. Code § 16.1-106)

Prevents an appeal from being moot due to expiration of the underlying order

§ 37.2-821(A)

SB 63(Lucas)/HB 247(Kilgore)Status of underlying order Specifies that the involuntary admission order

being appealed remains in effect during the pendency of the appeal and shall not be suspended unless so ordered by a judge or special justice Individual may still be released after filing an

appeal in accordance with the statutes governing discharge (§§ 37.2-837, -838)

§ 37.2-821(A)

SB 63(Lucas)/HB 247(Kilgore)Procedures Appeal shall be heard de novo in accordance

with § 37.2-802 – Appointment of interpreters § 37.2-804 – Fees and expenses § 37.2-804.1- Use of electronic communication § 37.2-804.2 – Disclosure of records § 37.2-805 – Voluntary admission to state facilities§ 37.2-821(B)

SB 63(Lucas)/HB 247(Kilgore)Procedures (cont’d)

§§ 37.2-814 through 37.2-819 Circuit court judge will use the same process as is

applicable in general district court New preadmission screening report New independent evaluation

Except that in its discretion, court may rely on the independent evaluation prepared for the commitment hearing in the general district court instead of requiring a new evaluation

Circuit court must find the criteria in 37.2-817 at the time the appeal is heard to enter an order of involuntary admission

§ 37.2-821(B)

SB 63(Lucas)/HB 247(Kilgore)Length of Circuit Court Order

Any order of the circuit court shall not extend the period of involuntary admission or MOT set forth in the order appealed from

§ 37.2-821(B)