Legal Opinion · Dissent

In re E.A.L.

Montana Supreme Court

Decided July 21, 2015No. DA 14-0401Published

1DissentJustice Mckinnon

¶20 I respectfully dissent.

*135¶21 Section 53-21-126, MCA, contemplates the satisfaction of two requirements prior to the involuntary commitment of an individual. The first requirement is a finding that the person suffers from a mental disorder as defined in § 53-21-102(9), MCA. The second requirement directs the court to consider four circumstances relevant to determining whether, as a result of an individual’s mental disorder, commitment is necessary. Relevant here is § 53-21-126(l)(c), MCA: “whether, because of a mental disorder, there is an imminent threat of injury to the respondent or to…

2Cases cited8 opinions

  1. In Re Mental Health of C.R.C.Montana Supreme Court · 2004
  2. In re D.D.Montana Supreme Court · 1996
  3. Matter of DDMontana Supreme Court · 1996
  4. In Re the Mental Health of E. M.Montana Supreme Court · 1994
  5. In Re Mental Health of GoedertMontana Supreme Court · 1979

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