Dept. of State Hospitals v. J.T. CA2/6

Filed 6/23/21 Dept. of State Hospitals v. J.T. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DEPARTMENT OF STATE 2d Juv. No. B306534 HOSPITALS, (Super. Ct. No. 20MH-0103) (San Luis Obispo County) Plaintiff and Respondent,

v.

J.T.,

Defendant and Appellant.

J.T., an individual committed to Atascadero State Hospital (ASH) as an offender with a mental disorder (OMD),1 appeals the trial court’s order authorizing his involuntary treatment with antipsychotic medication pursuant to Welfare and Institutions

Effective January 1, 2020, Penal Code section 2962 was 1

amended to replace “mentally disordered offender” with “an offender with a mental health disorder.” (Pen. Code, § 2962, subd. (d)(3), as amended by Stats. 2019, ch. 649, § 1.)

Code2 section 5300. Appellant contends the evidence is insufficient to support the court’s finding that he is incompetent to make decisions about his medical treatment, and that the finding he presented a danger to others was based on inadmissible hearsay admitted in violation of People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). We affirm. FACTS AND PROCEDURAL HISTORY Since 2015, appellant has been committed to ASH as an OMD. Following in-hospital panels conducted in January and February 2020, the Department of State Hospitals (DSH) obtained an order authorizing the involuntary medication of appellant pursuant to title 9, section 4210 of the California Code of Regulations. On June 11, 2020, DSH petitioned the trial court to authorize the continued involuntary medication of appellant for a period of one year. Dr. Hadley Osran testified at the hearing on the petition. Dr. Osran, who had been appellant’s treating psychiatrist in 2017, interviewed appellant prior to the hearing and reviewed his file and record. The doctor also interviewed appellant’s current treating psychiatrist. Dr. Osran opined that appellant was incompetent to make decisions about his treatment with antipsychotic medication. The doctor concluded appellant is unable to understand the benefits and risks of taking or not taking his medication. Appellant has a longstanding diagnosis of schizoaffective disorder, bipolar type. His symptoms include “agitation, increased energy, elevated mood, [and] decreased need for sleep.” He has also suffered from “psychotic symptoms heavily in the area of delusions and delusional symptoms over the years.”