S-25-0046 In re Interest of M.S., M.S. (Appellant) v. Mental Health Board for the Fourth Judicial District (Appellee)
Appeal from the District Court for Douglas County, Judge James M. Masteller
Attorneys: Emma J. Lindemeier (Assistant Public Defender for Appellant) and Jameson D. Cantwell (Deputy Douglas County Attorney for Appellee)
Board of Mental Health: Mental health commitment
Proceedings below: The Board of Mental Health determined that Appellant was a mentally ill and dangerous person and ordered involuntary commitment as the least restrictive alternative. On appeal, the district court affirmed. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in finding that the Board of Mental Health did not violate Appellant’s right to confront and cross-examine adverse witnesses and evidence pursuant to Neb. Rev. Stat. § 71-954 and equivalent rights of confrontation granted by the Sixth and Fourteenth Amendments of the United States Constitution and Article I, Section 11 of the Constitution of Nebraska; 2) The district court erred in finding that the Board of Mental Health’s admission and reliance on inadmissible evidence was harmless error; 3) The district court erred in finding there was clear and convincing evidence to support the diagnosis of Appellant as having Bipolar I Disorder, Manic with psychosis, pursuant to Neb. Rev. Stat. §71-907; 4) The district court erred in finding that there was clear and convincing evidence that Appellant presented a substantial risk of serious harm within the near future to herself or others pursuant to Neb. Rev. Stat. §71-908; 5) The district court erred in finding there was clear and convincing evidence that the treatment plan proposed was the least restrictive alternative pursuant to Neb. Rev. Stat. §71-925(1); 6) The district court erred in finding that the Board of Mental Health had considered all treatment alternatives before ordering inpatient hospitalization pursuant to Neb. Rev. Stat. §71-925(6); and 7) The district court erred in finding there was clear and convincing evidence that forced medication was appropriate and that no lesser alternative would suffice.