IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In the Matter ofthe Detention of JASON CARL MORRIS. STATE OF WASHINGTON, Respondent,

v. JASON CARL MORRIS, Appellant. No. 71031-1-1 DIVISION ONE

UNPUBLISHED OPINION

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### Schindler, J. — Jason Carl Morris appeals a 14-day involuntary commitment 

### order. He argues insufficientevidence supports the conclusion that he was "gravely disabled" under RCW 71.05.020(17)(a). We disagree, and affirm. FACTS 

### On September25, 2013, Morriswentto the emergency room at Harborview Medical Centerin a "severely decompensated" psychiatric state. Morriswas unable to communicate his needs to hospital staff and said "he was having suicidal thoughts." 

### Hospital staffcontacted his mental health case manager at the DowntownEmergency Service Center (DESC), Rachel Long. After meeting with Morris, Longasked mental health professional Linda Dunn to conduct an evaluation of him.No. 71031-1-1/2 Dunn determined that "as a result of a mental disorder," Morris was "gravely disabled" and presented "a likelihood of serious harm" to himselfor others. Dunn filed a petition to detain him for "a 72-hourevaluation and treatment period." The petition states Morris has a diagnosis ofparanoid schizophrenia and "a substantial history of threatening behaviors in the community when not stabilized." The petition also states Morris is "chronically homeless" and has "a history ofincarcerations and very poor outpatientfollow up with providers." According to the petition, Morris had visited the emergency room 37 times "this past year alone" and frequently "self-presented with various delusional beliefs, somatic complaints deemed delusional in content, speaking in incoherent sentences, and unable to communicate his needs effectively." The petition also asserts that when Morris wentto an emergency room on September 19 

### complaining he had been "gassed," the doctors noted that "he had lost approximately 20 pounds in a two and a half month period, and he presented quite thin and gaunt." 

### Long submitted a declaration insupport ofthe petition. Long stated that in July 2013, DESC assigned herto Morris as an "intensive case managerdue to his frequent crises and outreach needed." Long said the DESC homeless shelter recently banned 

### Morris "because they have serious concerns about his ability to be safe inthe shelter." Long testified that Morris "refuses medications" and "is so distracted bywhat appears to 

### be visual and auditory hallucinations he cannotfocus on a conversation oractivity." On September 26, Morris was admitted to the inpatienttreatmentfacility at Navos Mental Health Solutions. On September27, Navos clinical psychologist Dr. 

### Rachel Eisenhauerfiled a petition in KingCounty Superior Court requesting a hearing to determine whether Morris "shall be detained for fourteen days [for] involuntaryNo. 71031-1-1/3 

### treatment." The petition states Morris "is suffering from a mental disorder" and involuntarytreatment is in his best interest because he "needs the safety and structure 

### of an inpatient setting." The petition alleges Morris is "gravely disabled" and that he presents "a likelihood of serious harm" to himselfand others. The petition states, in pertinent part: Priorto admission, [Morris] was deteriorating in his mental status.... He has been found to be unable to communicate his needs and also to report suicidal ideation. His case manager expressed concern that he is too decompensated to be able to care for himself. In his current state, he is gravely disabled as well as a dangerto others and to himself. 

### The court held a probable cause hearing on September 30.1 At the beginning of the hearing, the State "dismiss[ed] the allegation ofharm to others" and "proceeded] only on harm to selfand grave disability." Long and Dr. Eisenhauertestified insupport ofthe petition for a 14-day involuntary commitment. 

### Long testified she has known Morris since 2008 when she began working at DESC as a sheltercounselor. Long said Morris has been homeless for the pasttwo 

### years "exceptforone brief period of time, for less than six months." Long testified that Morris stayed primarily at the DESC shelterand that "prior to a few months ago," Morris


### was "coming inalmostdaily to the drop-in [hygiene] centerat the DESC." Long said she saw Morris "five or six times" inthe past "several" months and noticed his mental 

### condition had deteriorated. Long testified Morriswas more "disorganized, speak[ing] in a word salad[2]," and "frequently almostexclusively responding to internal stimuli." Long testified Morris "talks to himselfconstantly" and "makes really bizarre gestures as if he

1RCW71.05.240(1) states, inpertinent part, "Ifa petition is filed forfourteen day involuntary treatment..., the court shall hold a probable cause hearing withinseventy-two hours of the initial detention of such person." 2Dr. Eisenhauerdescribed "word salad" as "disorganized, confused, nonsensical in . . . speech."No. 71031-1-1/4

sees something in front of him." Long said Morris had "gotten thinner" and she recently

saw "his spine poking through his shirt." Long testified that on September 17, DESC banned Morris from staying atthe shelter "after he menaced and threatened to kill a staffperson." According to Long, when she evaluated Morris at Harborview on September 25, he was "more despondent than I've seen him." Long said Morris told her "he was having suicidal thoughts over 

### cigarettes." Long testified that suicidal thoughts are "something newfor him." Long also testified that Morris had no plan for where to go when he leftthe emergency room 

### and was uncooperative "as far as coming up with another plan for his living arrangements." 

### Dr. Eisenhauerdiagnosed Morris with "schizoaffective disorder." Dr. Eisenhauer 

### testified that inher opinion, as a result of his mental disorder, Morriswas "indanger of 

### serious physical harm from a failure or inabilityto provide for his essential needs of health and safety." The court concluded there was insufficient evidence to establish grave disability based on "severe deterioration in routine functioning" under RCW 71.05.020(17)(b). 

### The courtconcluded the "[v]ague allegations of feeling suicidal because he can'tget 

### cigarettes" were insufficient to establish that Morris presented "a likelihood ofserious harm" to himselfunder RCW 71.05.020(25). 

### However, the court concluded the testimony of Long and Dr. Eisenhauer 

### supported finding that Morris was "gravely disabled" because he was in"dangerof serious physical harm to himself resulting from his inabilityto provide for hisessential health and safety needs" under RCW 71.05.020(17)(a).No. 71031-1-1/5 

### The courtfound Morris "is currently suffering from a mental disorder, specifically schizoaffective disorder." The courtfound that Morris "has lost a significant amount of weight" and that he frequently visits hospital emergency rooms "because he does not 

### apparently have the ability to find any other place to go to find shelter." The courtfound Morris "is not able to feed himselfand not able to find safe and appropriate housing 

### despite assistance from Ms. Long to do so." The court entered an order granting the petition to detain Morris "for a period not to exceed 14 days" for inpatient mental health treatment at Navos. On October 10, Morris filed a notice ofappeal ofthe ordergranting the petition 

### for a 14-dayinvoluntarycommitmentorder.3
ANALYSIS Morris contends insufficient evidence supports the conclusion that he was 

### "gravely disabled" under RCW71.05.020(17)(a). Morris argues the State did not establish he was "in danger ofserious physical harm" as a result of his mental disorder. 

### Washington's civil commitment statutes authorize the Stateto detain an individual "forevaluation and treatment" afterestablishing that he or she is "gravely 

### disabled" orpresents "a likelihood ofserious harm" to selfor others. RCW 71.05.150(1), .240(3). 

### RCW71.05.020(17) states that an individual is "gravely disabled" when, as a result ofa mental disorder, the individual 

### (a) [i]s indanger ofserious physical harm resulting from a failure to 

### provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by 

### repeated and escalating loss of cognitive orvolitional control over his or 3On October 15, Morrisentered into an agreed orderfor up to 90 days ofalternative involuntary mental health treatment.No. 71031-1-1/6 her actions and is not receiving such care as is essential for his or her health or safety. Under RCW 71.05.020(25), an individual presents a "likelihood ofserious harm"

to selfor others when there is (a) [a] substantial risk that: (i) Physical harm willbe inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflictphysical harm on oneself; (ii)physical harm willbe inflicted by a person upon another, as evidenced by behaviorwhich has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property ofothers, as evidenced by behaviorwhich has caused substantial loss or damage to the property of others; or (b) [t]he person has threated the physical safety ofanother and has a history ofone or more violent acts. 

### The standard ofproofat a 14-day commitment hearing is a preponderance ofthe 

### evidence. RCW71.05.240(3)4; In re Pet, of LaBelle. 107 Wn.2d 196, 214, 728 P.2d 138 (1986). To meet its burden ofestablishing an individual is "gravelydisabled" under RCW 71.05.020(17)(a), the State must present "recent, tangible evidence of failure or 

### inability to provide for such essential human needs as food, clothing, shelter, and medical treatment." LaBelle, 107 Wn.2d at 204-05. The State must also show the 

### failure or inabilityto provide foressential needs presents "a high probability ofserious 

### physical harm within the nearfuture unless adequate treatment is afforded." LaBelle, 107 Wn.2d at 204-05.

4RCW 71.05.240(3) states, in pertinent part: At the conclusion of the probable cause hearing, ifthe courtfinds by a preponderance of the evidence that such person, as the resultofmental disorder, presents a likelihood of serious harm, or is gravely disabled, and, after considering less restrictive alternatives to involuntary detention and treatment, finds that no such alternatives are in the best interests ofsuch person or others, the court shall orderthat such person be detained for involuntary treatment not to exceed fourteen days in a facility certified to provide treatment.No. 71031-1-1/7 We review the trial court's decision inan involuntary commitment proceeding to determine whether substantial evidence supports the findings offact and whetherthose findings in turn supportthe court's conclusions of law. LaBelle, 107 Wn.2d at 209. Substantial evidence is the quantum ofevidence sufficientto persuade a rational fairminded person the premise is true. Inre Pet, ofA.S., 91 Wn. App. 146, 162, 955 P.2d 836(1998). Morris contends the court erred in relying on his recentweight loss as evidence 

### of risk ofserious physical harm as a result of his mental disorder. The record shows the court relied on more than weight loss in determining Morris was gravely disabled under 

### RCW 71.05.240(17)(a). Substantial evidence supports the court's finding that Morris


### was suffering from schizoaffective disorder and thatthe disorderwas having an adverse effect on his cognitive and volitional functioning. Long testified that Morris's 

### deteriorating mental condition caused behavioral problems that "continueto escalate in frequency and seriousness," that he morefrequently wentto the hospital emergency room, and that he refused to keep taking psychiatric medication. Morriswas banned from the DESC shelterand, despite assistancefrom Long, was not able to carefor himselfor find safe housing. 

### Dr. Eisenhauertestified that "if[Morris] was discharged right now, Idon'tbelieve 

### he would be adequately able to care for himself." Dr. Eisenhauerbased her opinion on herevaluation of Morris, his hospital chart, and the documented concerns about his mental deterioration and weight loss.No. 71031-1-1/8 

### Substantial evidence supports the conclusion that as a result of his deteriorating mental condition, Morris was in danger of serious physical harm because he was not 

### capable of providing for his own essential needs, such as food and shelter.
We affirm. 

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WE CONCUR: 

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