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Case No. 18-0399

In the Matter of S.J., Alleged to be Seriously Mentally Impaired

S.J., Respondent-Appellant

Attorney for Appellant

Jason Gann

Attorney for Appellee State

Gretchen Witte Kraemer, Special Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0399
Date Published:
Oct 24, 2018
Summary

            Appeal from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (9 pages)

            S.J. appeals involuntary-commitment orders under Iowa Code chapters 125 and 229 (2018).  She argues the district court’s findings that she suffers from a substance-related disorder, as provided in Iowa Code sections 125.2(14) and 125.75(2)(a), and a serious mental impairment, as defined in section 229.1(20), are not supported by sufficient evidence.  OPINION HOLDS: We conclude the district court’s finding that S.J. posed a danger to herself as a result of her cannabis use disorder is supported by clear and convincing evidence.  We therefore affirm the chapter 125 involuntary-commitment order.  We conclude the finding that S.J. suffered from a serious mental impairment at the time of the commitment hearing is unsupported by clear and convincing evidence.  We reverse the chapter 229 order and remand to the district court with instructions to deny the application under chapter 229 and terminate the proceeding. 

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