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State Best Interest and Protection of G. H.

Court of Appeals of Texas, Twelfth District, Tyler

January 10, 2018

THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF G. H.,

         Appeal from the County Court at Law of Cherokee County, Texas (Tr. Ct. No. 42176)

          Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

          MEMORANDUM OPINION

          BRIAN HOYLE, JUSTICE

         G.H. appeals from an order for temporary inpatient mental health services. In his sole issue, G.H. challenges the legal and factual sufficiency of the evidence to support the trial court's order. We reverse and render.

         Background

         On September 19, 2017, Steve Peters with Skyview Psychiatric Facility, where G.H. was a patient, filed an application for court ordered temporary mental health services. In a team member letter, Peters stated that G.H.'s records show that he sees demons daily, refused to take Risperdal medication orally, claimed there were chemicals in his food and plastic under his skin, wanted to restrict his records to be shared with only "God loving individuals, " wanted to go home so he could go to church, and prefers to take vitamins and receive oil for his skin. Peters stated that:

Records indicate that the patient remains hyper-religious with numerous delusions, and no plans to seek treatment for mental health in the freeworld. He also adamantly opposes going to a psychiatric facility and insist[s] that he does not need to take psychotropic medications but instead needs vitamins and Holy water.

         According to Peters, it appears that G.H. received treatment from a psychiatric hospital from August 3, 2016 through February 22, 2017 and has been under the care of Harris County MHMR. He stated that G.H.'s mother supported G.H., but was in agreement that he go to the hospital for further treatment. Peters explained that G.H. is unstable and the treatment team recommended that he continue treatment at Rusk State Hospital upon his release from Skyview.

         In a physician's certificate, Dr. Andrey Tsyss, who evaluated G.H. on September 15, 2017 at Skyview, identified G.H.'s diagnosis as schizoaffective disorder unspecified. He stated that G.H. is mentally ill and suffers from severe and abnormal mental, emotional or physical distress, experienced substantial mental or physical deterioration of his ability to function independently, as exhibited by his inability, except for reasons of indigence, to provide for his basic needs, including food, clothing, health, or safety, and, is unable to make a rational and informed decision as to whether or not to submit to treatment. To support this conclusion, Tsyss identified the following statements by G.H.:

There have been times when I was fasting.
They [demons] don't like me.
All that medications are wrong.
No. My mind is not ill [when asked if he believes that he has a mental illness].
He would rather take holy water than a pill.
On 7/31/17 stated, "there is a liner under my skin … I don't need pills. I need healing water …
Demonic entities are trying to spread sperm in my genitals up to my head … There is a cavity in
my head, plastic pieces. I need to get it out."
On 7/31/17 stated that he sees demons on a daily basis.

         Tsyss further explained that G.H. (1) refused to take antipsychotic medication, Risperdal, orally; (2) claimed there are chemicals in the food and plastic under his skin; (3) said he would take holy water rather than pills; and (4) denied having a mental illness or needing antipsychotic medication.

         In another physician's certificate, Dr. Stacey R. Belcher stated that G.H. has been under her care since he arrived at Skyview on July 18, 2017. She identified G.H.'s diagnosis as schizoaffective disorder and stated that he (1) suffers from severe and abnormal mental, emotional or physical distress, (2) experiences substantial mental or physical deterioration of his ability to function independently, which is exhibited by his inability, except for reasons of indigence, to provide for his basic needs, including food, clothing, health, or safety, and (3) is unable to make a rational and informed decision as to whether or not to submit to treatment. She identified the following as a basis for this opinion:

During an interview, G.H. was guarded and repeatedly responded to questions with "I'd rather not speak about that" and "I don't want to share that."
G.H. stated that he was "trying to restrict my records to be shared with only God-loving individuals" and wanted "to go home and go to church."
G.H. was "trying to get off the Risperdal, " said that he prefers to take "a vitamin for health" and "oil for my skin." He claimed, "the doctor told me it is an oil of ...

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