Court of Appeals of Texas, Twelfth District, Tyler
THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF G. H.,
from the County Court at Law of Cherokee County, Texas (Tr.
Ct. No. 42176)
consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
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.
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
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.
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.
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.
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.
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
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
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 ...