The PEOPLE of the State of Colorado, Petitioner-Appellee IN the INTEREST OF R.C., Respondent-Appellant.
As
Modified on Denial of Rehearing 7/25/2019
As
Modified on Denial of Rehearing July 25, 2019
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Pueblo
County District Court No. 19MH81, Honorable Jill S. Mattoon,
Judge
Cynthia Mitchell, County Attorney, Kate H. Shafer, Special
Assistant County Attorney, Pueblo, Colorado, for
Petitioner-Appellee
The Law
Firm of John L. Rice, John L. Rice, Pueblo, Colorado, for
Respondent-Appellant
OPINION
LIPINSKY, JUDGE.
[¶
1] Appellant, R.C., appeals the district courts
order authorizing mental health personnel to medicate him
involuntarily. We reverse.
I.
Background
[¶
2] R.C. was committed to the Colorado Mental Health
Institute at Pueblo (CMHIP) after being found incompetent to
proceed in a criminal case. A CMHIP staff psychiatrist, Dr.
Lennart Abel, diagnosed R.C. with bipolar disorder mania with
psychosis.
[¶
3] Following R.C.s assault of a staff member at
CMHIP, the People filed a petition seeking a court order
authorizing the administration of involuntary medication. At
a hearing on the petition, Dr. Abel testified that R.C. was
voluntarily taking Zyprexa. Dr. Abel opined that R.C. would
not continue to
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take this drug voluntarily because he had previously refused
to take medication.
[¶
4] Nonetheless, the People sought authorization to
medicate R.C. involuntarily with Olanzapine and five other
drugs: Haldol, Abilify, Lithium, Depakote, and Clozapine (the
Six Medications).[1] Dr. Abel testified that R.C. "can
be treated with Zyprexa but Im not sure if that would be the
...