In the Matter of the Necessity for the Hospitalization of Carl S.Annotate this Case
A man appealed a superior court order authorizing his civil commitment, arguing: (1) the order should have been vacated because the petition for commitment was not “signed by two mental health professionals,” as required by statute; and (2) the superior court erred by granting the commitment petition based on a theory of grave disability that was not specifically pled. The Alaska Supreme Court found that because the man did not object to the signature deficiency and could not show it prejudiced him, the error did not warrant vacating the commitment order. But, the Court found, committing the man on a theory of grave disability that was not specifically pled without giving him notice and an opportunity to present additional evidence or cross-examination relevant to that theory violated the man’s right to due process. The Court therefore vacated the commitment order.