In re Probate Appeal of Nguyen

Syllabus

The plaintiff appealed to the trial court from the decree of the Probate Court ordering his involuntary commitment to a psychiatric hospital for treatment of his psychiatric disabilities. The plaintiff had been admitted to the hospital pursuant to a physician's emergency certificate. Prior to the expiration of the certificate, the plaintiff signed a voluntary applica- tion to be admitted to the hospital as a patient, but, a few hours later, he gave the hospital three business days' notice in writing of his desire to leave. Four days later, the plaintiff's primary clinician filed on behalf of the hospital a petition in the Probate Court for the plaintiff's involuntary commitment to the hospital. That same day, the Probate Court, pursuant to the statute (§ 17a-498) that governs commitment hearings, appointed two psychiatrists to examine the plaintiff and to report their findings to the court on a physician's certificate form. Following a hearing, at which a treating psychiatrist at the hospital and the appointed psychia- trists testified, the Probate Court issued a decree in which it found by clear and convincing evidence that the plaintiff had psychiatric disabili- ties and was gravely disabled and that a less restrictive placement was not available and ordered the plaintiff's commitment to the hospital for treatment. The plaintiff appealed from the decree to the trial court, which affirmed the Probate Court's decision, and the plaintiff appealed to this court. Held: 1. The plaintiff could not prevail on his claim that the Probate Court exceeded its statutory authority by involuntarily committing him because the hos- pital failed to comply with the notice requirements set forth in § 17a- 498 (e); although the hospital staff failed to comply with certain notice requirements of that statute, that failure did not nullify the statutory authority of the Probate Court to hold an involuntary commitment hear- ing, as the plain language of § 17a-498 does not condition the Pro