IN THE COURT OF APPEALS OF IOWA
No. 15-1823
Filed June 15, 2016
IN THE INTEREST OF THE MATTER OF K.R.A.,
Alleged to be seriously mentally impaired,
K.R.A.,
Respondent-Appellant.
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Appeal from the Iowa District Court for Polk County, Robert B. Hanson,
Judge.
K.R.A. appeals from the hospitalization order placing him in a facility for
inpatient psychiatric care. AFFIRMED.
Michael A. Horn of Kuntz, Laughlin & Horn, Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Gretchen Kraemer, Assistant
Attorney General, for appellee.
Considered by Potterfield, P.J., and Mullins and McDonald, JJ.
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MCDONALD, Judge.
This case arises out of a civil commitment proceeding under Iowa Code
chapter 229 (2015). K.R.A. appeals from a hospitalization order finding him to be
“seriously mentally impaired” within the meaning of Iowa Code section 229.1(20)
and a placement order continuing inpatient psychiatric treatment. On appeal,
K.R.A. challenges the sufficiency of the evidence supporting the hospitalization
and placement orders. We review the challenged orders for the correction of
legal error. See Iowa R. App. P. 6.907; In re J.P., 574 N.W.2d 340, 342 (Iowa
1998).
We conclude there is substantial evidence supporting the challenged
orders. Involuntary hospitalization requires the applicant to prove by clear and
convincing evidence the following: (1) the person must be afflicted with a mental
illness; (2) the person lacks sufficient judgment to make responsible decisions
with respect to the person’s hospitalization or treatment because of the illness;
and (3) the person is likely, if allowed to remain at liberty, to inflict physical injury
on the “person’s self or others,” to inflict emotional injury on certain others, or to
suffer physical debilitation or death due to the inability of the person to satisfy the
person’s needs. See Iowa Code § 229.1(20); In re Foster, 426 N.W.2d 374, 377
(Iowa 1988). The third element is commonly referred to as the endangerment
element. See J.P., 574 N.W.2d at 343-44. Our courts require the endangerment
element to be established by a recent overt act, attempt, or threat. See Matter of
Mohr, 383 N.W.2d 539, 542 (Iowa 1986). In this case, the examining physician
testified K.R.A. suffered from mental illness, specifically, post-traumatic stress
disorder, anxiety disorder, depression, and neurocognitive disorder (dementia).
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The physician testified K.R.A. lacked sufficient judgment, because of his illness,
to make rational decisions regarding his treatment, as evidenced by his repeated
noncompliance with prescribed medications. Finally, K.R.A. is a danger to others
and himself if allowed to remain at liberty as evidenced by recent overt acts. The
testimony showed K.R.A. was verbally and physically aggressive against his
spouse and hospital staff, including throwing his walker on one occasion. On
another occasion, he overdosed on his medication because he could not
remember whether he had taken his medication. The orders of the district court
are affirmed without further opinion. See Iowa Ct. R. 21.26(1)(a), (b), (e).
AFFIRMED.