Appeals of Involuntary Admission Orders

1. Appeals of Involuntary Admission Orders Allyson K. Tysinger Office of the Attorney General May 2010

2. 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.

3. 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?

4. 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

5. 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)

6. 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)

7. 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)

8. 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)

9. 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)