In re S.D.Annotate this Case
The Supreme Court affirmed the order of the district court approving S.D.’s waiver of her rights and ordering S.D.’s involuntary commitment, holding that the district court did not violate S.D.’s statutory and due process rights when it committed her without holding a hearing.
The State filed a petition against S.D., alleging that she suffered from a mental disorder and required involuntary commitment. S.D. and her attorney signed a “waiver of hearing on petition,” and S.D. expressly waived all her procedural rights listed in Mont. Code Ann. 53-21-115 to -118 except the right to receive treatment. The district court issued an order committing S.D. to the Montana State Hospital. S.D. appealed, arguing that the district court erred when it committed her upon her signed waiver without a hearing or trial. The Supreme Court affirmed, holding that both S.D.’s waiver and the district court’s order committing her were sufficient to find an intentional and knowing waiver pursuant to section 53-21-119(1), and it was not necessary for the court to set a hearing to inquire further into S.D.’s waiver of rights.