NH Supreme Court Decision: In The Matter of B.T.
February 15, 2005
The New Hampshire Supreme Court has reversed a probate court decision ordering an involuntary commitment of a woman to New Hampshire Hospital , finding that B.T "cannot be deprived of her personal liberty by an involuntary commitment without clear and convincing proof of her dangerousness." The court found that the mental health center did not have sufficient evidence for a finding of dangerousness.
B.T. had been on a three year conditional discharge that expired in June 2004. Three days after the commitment expired, the mental health center had her involuntarily admitted for the purpose of placing her on a conditional discharge because it thought she might stop taking her medications.
The court affirmed its earlier holding that "a psychiatrist's finding of a dangerous mental condition does not automatically operate to trigger commitment; without evidence of dangerous conduct, even the most persuasive psychiatrist's report is insufficient to justify commitment."
