State Dept. of State Hospitals v. Devoe CA2/6

Filed 10/22/13 State Dept. of State Hospitals v. Devoe CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

STATE DEPARTMENT OF STATE 2d Civil No. B242838 HOSPITALS, (Super. Ct. No. MI 120116) (San Luis Obispo County) Plaintiff and Respondent,

v.

ALAN DEVOE,

Defendant and Appellant.

Alan Devoe, a mentally disordered offender (MDO), appeals a superior court order that he receive "involuntarily administered psychotropic medication." (In re Qawi (2004) 32 Cal.4th 1; Welf. & Inst. Code, § 5300.1) Respondent State Department of State Hospitals (Department) filed a petition for a medication order. The trial court granted the petition and found Devoe is a danger to others and that he lacks the capacity to refuse medication treatment. We conclude, among other things, that substantial evidence supports the court's findings. We affirm. FACTS On June 12, 2012, the Department filed a "petition for an order to compel involuntary treatment with psychotropic medication for [Devoe,] a mentally disordered offender patient pursuant to In re Qawi . . . ." It alleged Devoe has a history of mental

1 All statutory references are to the Welfare and Institutions Code.

illness, he refuses to take medication, and he "presents a danger to others without psychotropic medication." At trial, Dr. Joshua Deane, a staff psychiatrist at Atascadero state hospital, testified that Devoe is a mentally disordered offender who is bipolar, has poor impulse control, a "thought disorder," and a "mood disturbance" disorder. He is delusional with "extremely poor" insight. Devoe is unable to provide details about his mental illness. Two recent events showed Devoe's potential "danger to others." In February 2012, after an altercation with another patient, the medical staff tried to intervene. Devoe was uncooperative and he became "belligerent." He took "a fighting stance" and had to be placed in "full bed restraints." In May 2012, Devoe became "agitated for several hours." He called the unit supervisor a "bitch" and he "doused" a cup of urine onto the chest of a female medical staff member. Deane said Devoe is "a danger to himself and others without psychotropic medication." Because Devoe does not want to take his medication, the medication must be "administered" involuntarily. There is no "less intrusive" way "to manage his thought disturbance," "mood disturbance" and "violent impulse." The Department's counsel asked, "[I]s Mr. Devoe able to understand information required for him to consent to psychotropic medication?" Deane: "I think only in a limited way." "[D]o you think Mr. Devoe can understand that medications can help his psychosis?" Deane: "I think in a very, very limited way." "[I]s Mr. Devoe competent or capable of making decisions about his psychiatric treatment?" Deane: "I think--again, I have to state that in a limited way he probably is able to agree." Counsel asked, "Do you believe [Devoe] has enough insight to understand his need for psychotropic medication to treat his current mental symptoms?" Deane: "Probably not." "[Devoe] has a cognitive deficit [that] prevents him from intelligently understand[ing] the needs for medication treatment." Devoe testified he receives a "Testosterone" shot and a "Prolixin" shot "twice a week--twice a month." He asked staff, "[C]an you adjust this shot, take me off one or