In re T.W.

¶38 I dissent.

¶39 The Court’s conclusion that the State’s treatment of T.W. does not violate due process ignores the State’s duty to rectify a wrong that it has created. The State placed T.W., against her will, in MDC. In doing so, it restricted her right to physical liberty, a right fundamental under the Montana Constitution. See Matter of C.H. (1984), 210 Mont. 184, 201, 683 P.2d 931, 940. Having done this, the State cannot simply continue to house T.W. as though she remains a committed patient. It is true that when the State determined that T.W. was no longer “seriously developmentally…