No. 83-489 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1984 

IN PIATTER OF THE MENTAL HEALTH 

OF A.G., 

Respondent. 

APPEAL FROM: District Court of the Eighth Judicial District, 

In and for the County of Cascade, 

The Honorable Truman Bradford, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Marcia Birkenbuel, Great Falls, Montana 

For Respondent: 

Mike Greely, Attorney General, Helena, Montana 

J. Fred Bourdeau, County Attorney, Great Falls, 

Montana 

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Submitted on Briefs: December 15, 1983 

Decided: March 9, 1984 

Filed: . % $1 -5 "t.'\[{.i , , ,* t ,, %J ., -2 -< 

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Clerk 
Mr. Chief Justice Frank I. Haswell delivered the Opinion of 

the Court. 

AG was involuntarily committed to Warm Springs State 

Hospital after proceedings in the Cascade County District 

Court. She appeals from the order of commitment. We affirm. 

On September 21, 1983, AG approached her brother and 

repeatedly and con.tinuousl-y asked him if he would ki1.3. her. 

He attempted to take her to the hospital, but when she realized where he wa.s taking her, she jumped out of the moving 

vehicle. The car was traveling twenty-five miles per hour at 

this time. AG's intent as she later recounted was to kill 

herself. 

AG survived her jump from the car. At the request of 

her brother, the Cascade County Attorney's office filed a 

petition to adjudge the appellant seriously mentally ill. 

The District Court ordered that AG submit to an examination 

by Dr. Ronald Hughes, a psychiatrist. This doctor testified 

that AG suffered from a psychotic mental disorder which he 

tentatively diagnosed as schizo-affective schizophrenia. 

When asked at trial whether AG suffered from a serious mental 

illness, Dr. Hughes replied, yes, and explained himself as 

follows: 

"Well, certainly at the time she was 

admitted to the hospital she was selfdestructive, although she denied that she 

was making an active attempt upon her own 

life, she would certainly accept any way 

or method that would do it for her, and 

she most likely would not care for herself properly, and she could possibly do 

something that would seriously jeopardize 

her safety. I feel that she also lacks 

the ability to care for herself in a way 

that is practical. and conducive to her 

long-term good health." 

AG in this appeal contests the trial court's finding 

that she was seriously mentally ill. Such a finding is a 
prerequisite to commitment to our state hospital under 

section 53-21-127, MCA. l1 'Seriously mentally ill' means 

suffering from a mental disorder which has resulted in selfinflicted injury or injury to others or the imminent threat 

thereof or which has deprived. the person afflicted of the 

ability to protect his life or health." Section 

53-21-102 (14) , MCA. 

Under the plain meaning of the statute, AG was properly 

found seriously mentally ill. The finding is consistent with 

the testimony of the examining physician on her condition and 

there can be no doubt that this condition "resulted in selfinflicted injury." The appellant's attempted vehicular 

suicide was sufficient grounds for commitment, and we need 

not reach the questions of whether AG posed a threat to 

others or was able to care for herself. 

Appellant sugqests that the State failed to meet the 

standard of proof required in civil commitment hearings. The 

particular standard for evidence of imminent. threat of selfinflicted injury is "overt acts, sufficiently recent in time 

as to be material and relevant as to the [person's] present 

condition. " Section 53-21-126 (2) , MCA. AG1s disorder has 

resulted in actual self-inflicted injury, rather than the 

threat thereof; it is inherently reasonable to apply the same 

standard of proof. This standard was satisfied in the 

present case. Appellant jumped out of a moving car with the 

intent to kill herself. This overt act more than satisfies 

the relevant standard of proof. 

The order of the District Court is affirmed. 

'Q&lr~1-~a 

Chief Justice 
We concur: