Opinion

In the Int. of: D.L.D.

  • 2025 Pa. Super. 231
Court
Superior Court of Pennsylvania
Filed
Oct 10, 2025
Status
Published
On the bench
Olson
Cited by
1 cases
Authority
More cited than 49.1%

The opinion

J-S26032-25

2025 PA Super 231

IN THE INTEREST OF: D.L.D. : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

APPEAL OF: D.L.D. :

:

:

:

:

: No. 19 MDA 2025

Appeal from the Order Entered December 12, 2024

In the Court of Common Pleas of Centre County Civil Division at No(s):

2018-2865

BEFORE: LAZARUS, P.J., OLSON, J., and BECK, J.

DISSENTING OPINION BY OLSON, J.: FILED: OCTOBER 10, 2025

George Santayana, a Spanish-American philosopher, wrote in 1905,

“Those who cannot remember the past are condemned to repeat it.” In other

words, failure to gain insight from past events can lead one down a path of

repetition, perpetuating the same consequences. By reversing the trial court’s

order extending D.L.D.’s involuntary outpatient mental health treatment, I

believe that the learned Majority is ignoring the extensive history of events

involving D.L.D. thereby condemning the past to be repeated. I must,

therefore, respectfully dissent.

D.L.D. suffers from schizophrenia and he was first committed for

involuntary psychiatric treatment in July 2018. As noted by the Majority,

“[s]ince his initial commitment, D.L.D. has been repeatedly committed to

undergo involuntary inpatient or outpatient psychiatric treatment for long

periods of time. D.L.D. has a lengthy history of noncompliance with his

J-S26032-25

prescribed medications, which has exacerbated his psychosis”. Majority

Opinion at 2. Specifically, as described in detail by the Majority, when D.L.D.

is not properly medicated, he experiences paranoid thinking and engages in

threatening and aggressive behavior toward himself and others. Id. at 2-4.

On December 3, 2024, the County filed a petition under the Mental

Health Procedures Act (“MHPA”) seeking an order directing D.L.D. to undergo

an additional 180 days of involuntary outpatient mental health treatment.

Following a hearing before Sonja Napier, Esquire, a Mental Health Review

Officer, Review Officer Napier found sufficient evidence for D.L.D.’s

involuntary outpatient treatment to be extended for another 180 days. On

December 12, the trial court entered an order extending D.L.D.’s outpatient

treatment for a period not to exceed 180 days. D.L.D. filed a petition to review

the certification for treatment with the trial court which was denied.

My learned colleagues set forth in detail the provisions of the MHPA

which are relevant herein and I will not repeat them. See Majority Opinion at

8-11. I merely reiterate that the issue before this Court is whether the County

presented sufficient evidence to establish the need for D.L.D.’s continued

commitment under the MHPA. As the Majority noted, “This requires a finding

that (1) the conduct originally alleged under section 7301(b) actually

occurred, and (2) D.L.D.’s condition continues to evidence a clear and present

danger to himself or others.” Id. at 16 (citations omitted). Additionally, as

noted by my colleagues, D.L.D. does not challenge the sufficiency of the

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evidence as to the first prong; thus we examine the record to determine

whether the evidence is sufficient to establish that D.L.D. is a clear and

present danger to himself which “requires proof by clear and convincing

evidence of two elements: (1) that D.L.D. will be unable to provide for his own

nourishment, housing, personal or medical care, or safety and self-protection

without continued care, supervision, and continued assistance, and (2) there

is a reasonable probability that D.L.D. will die, sustain serious bodily injury or

serious physical debilitation within [30] days if involuntary outpatient

treatment was discontinued”. Id. at 16-17 (citations omitted). Moreover, I

agree with the Majority that the County presented sufficient evidence to

satisfy the first element; hence, we must focus on whether the record is

sufficient to prove by clear and convincing evidence that there is a reasonable

probability that death, serious bodily injury or serious physical debilitation will

ensue within 30 days unless D.L.D. is provided adequate treatment. In

carefully reviewing the record, I conclude that the evidence is sufficient to

establish the second element. Thus, I believe that the trial court was correct

in ordering D.L.D. to undergo involuntary outpatient treatment for a period

not to exceed 180 days.

In reviewing the sufficiency of evidence to support an involuntary

commitment under the MHPA, we review “the facts of record in the light

most favorable to the original decision-maker to determine whether the

requisite standard of proof has been met. In this case, the original

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decision-maker was the review officer”. Interest of J.W.S., 284 A.3d

889 (Pa. Super. 2022) (non-precedential opinion) (citations and corrections

omitted) (emphasis added).1 In setting forth this standard, the J.W.S. Court

cited to our Supreme Court’s decision in In re Vencil, 152 A.3d 235 (Pa.

2017). Although Vencil dealt with the expunction of an individual’s

commitment records, the Supreme Court analyzed the phrase “sufficiency of

the evidence” as applied in a case brought under the MHPA. The Court held,

the phrase “sufficiency of the evidence” is a term of art that has a

precise meaning. … In other legal contexts, both state and federal,

a challenge to the sufficiency of the evidence presents a pure

question of law, requiring review of the facts of record in the

light most favorable to the original decision-maker or

prevailing party (if applicable) to determine whether the

requisite standard of proof has been met.

Id. at 242-243 (emphasis added). The Vencil Court continued:

Deference to the facts as found by the original factfinder is

of particular importance in circumstances where the

factfinders have specialized training or knowledge that

makes them uniquely qualified to reach the findings and

conclusions the General Assembly has entrusted them to

make.

Id. at 243. In this case, the original decision-maker was Review Officer

Napier. Hence, we must view the facts of record in a light most favorable to

Review Officer Napier who initially determined that the petition for an

extension of D.L.D.’s involuntary outpatient treatment be granted.

____________________________________________

1 See Pa.R.A.P. 126(b) (unpublished non-precedential decisions of the

Superior Court filed after May 1, 2019 may be cited for their persuasive value).

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J-S26032-25

At the mental health review hearing held on December 9, 2024, Dr.

Jason Rock, the psychiatrist who had been treating D.L.D. “for a few years”

testified that D.L.D. has “poor insight into his mental illness [i.e.,

schizophrenia]. … It seems as if the cycle that he goes through historically is

that he will decompensate, be hospitalized, be placed on medication, come

out and then stop the medications and repeat.” N.T., 6/9/24, at 8, 9-10. Dr.

Rock went on to state “my fear is that without the medication, the following

up with psychiatrists and therapists and case management, that within 30

days or less that he will quickly stop taking his medication,

decompensate and become a danger to himself and others and require

hospitalization or jail time or both.” Id. at 10 (emphasis added). He went

on to conclude within a reasonable degree of medical certainty that there

would be a reasonable probability of death, disability or serious physical

debilitation if D.L.D. were not receiving the recommended treatment. Id. at

11, 16.

Dr. Rock acknowledged that, at the time of the hearing, D.L.D. was

currently compliant with his treatment and, therefore, not a danger to himself

or others. Id. at 11. However, his concern about D.L.D.’s safety was based

upon “his history”. Dr. Rock explained:

But throughout, whether [D.L.D.’s] pleasant or not, he

articulates ambivalence or just outright disagreement with the

fact that he has a mental health diagnosis, that he needs to take

medications, and he views psychiatric care as a burden. And so I

believe that if this weren’t forced upon him from a court

ordered perspective treatment, that he would immediately

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stop the medication and decompensate as he’s done

before.

Id. at 12 (emphasis added).

On cross-examination, Dr. Rock testified that D.L.D. receives his

medication via injection every 28 days and that his last injection was

approximately one week before the hearing. Id. at 17. Counsel for D.L.D.

then asked “[h]ow quick[ly] does [D.L.D.] decompensate if he missed his next

injection?” to which Dr. Rock responded, “I’d hate to find out, but I’m prepared

to say that if he did get [the injection] last week, …, 30 days from now would

put him very much so at risk of decompensating and having that level of

deterioration.” Counsel then asked “[f]om your past experience, how quick is

the decompensation?” Dr. Rock answered “[i]t’s within a matter of weeks.”

Id. at 18.

During his own testimony, D.L.D. was asked by his counsel, “They’re

afraid if you’re not committed, you’ll stop taking the medication. What’s your

position on that?” In response, D.L.D. stated, “[a]s far as I’m concerned, it

should be up to me.” Id. at 26. In my view, D.L.D.’s statement that it

should be up to him to decide whether to take medication and see doctors

lends support to Dr. Rock’s opinion that D.L.D. “articulates ambivalence or

just outright disagreement” with the fact that he has a serious mental

diagnosis and must take medications and that, if left to his own devices,

D.L.D. would not obtain the necessary treatment, decompensate, and

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J-S26032-25

deteriorate within 30 days resulting in a reasonable probability that he would

die, sustain serious bodily injury or serious physical debilitation.

My learned colleagues acknowledge that there is “ample support” in the

record that “D.L.D.’s behaviors during his most recent commitment reflect a

high likelihood that he will discontinue his medications and become psychotic”.

Majority Opinion at 20. However, they believe that the evidence fails to

establish a “substantial likelihood” or a “stronger chance than a possibility”

that this would result in the statutorily required harm to D.L.D. Hence, they

conclude that Dr. Rock’s testimony was “at best, speculative that harm ‘could

conceivably’ occur.” Id.

I agree that we cannot determine with absolute certainty that D.L.D.

will be at risk of death, serious bodily injury or serious physical debilitation if

involuntary outpatient treatment is not ordered. I also agree that, if Dr. Rock

had only recently begun caring for D.L.D. and was not familiar with his mental

health history, Dr. Rock’s conclusions would be “at best, speculative”.

However, the evidence clearly and convincingly establishes that Dr. Rock has

a lengthy history with D.L.D. and is acutely aware of the fact that D.L.D. does

not acknowledge his serious mental illness, and, unless involuntary outpatient

treatment is ordered, he will refuse to take the medication and pursue the

treatments that he absolutely needs to address his illness. The evidence also

establishes that, when he is in a psychotic state, D.L.D. risks death, serious

bodily injury or serious physical debilitation. As noted by the Majority, when

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not treated, D.L.D.’s illness resulted in him believing his food was

contaminated and, therefore, he would not eat; he exhibited threatening and

aggressive behaviors toward businesses and individuals, including judges,

government officials, and police officers; and he ran into oncoming traffic in

the middle of the street. In my view, these actions which occurred when not

receiving treatment, are actions that put D.L.D. at risk of death, serious bodily

injury or serious physical debilitation. As the old adage goes, “The best

predictor of future behavior is past behavior”. D.L.D.’s past behavior predicts

that, without involuntary outpatient treatment, there is a substantial likelihood

that he will devolve into a psychotic state within weeks resulting in serious

harm.

Based upon our standard of review and the evidence of record, I would

affirm the trial court’s order directing D.L.D. be committed to involuntary

outpatient treatment for a period not to exceed 180 days.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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