Ruth Riffe v. William Armstrong; Deborah Nolley; Dr. Phillip Robertson; Springhaven, Inc., a West Virginia corporation; and Princeton Community Hospital, Inc., a West Virginia corporation, No. 22980 (W. Va. July 17, 1996) (Albright, J.):
Rejecting an assertion by mental health professionals that because they were assisting in involuntary commitment proceedings, they were entitled to qualified immunity in an action instituted by a respondent who sue for false imprisonment, medical malpractice, and intentional infliction of emotional distress, the Court held that (1) although the defense of qualified immunity is generally available to those participating in good faith in an involuntary commitment proceeding, such immunity is unavailable where (i) a materially false medical certificate was employed to effectuate or continue the plaintiff's detention, (ii) such certificate was necessary to the plaintiff's detention, and (iii) the defendant made and employed the false certificate or the defendant used such certificate knowing or having reason to know it was materially false, and (2) a temporary involuntary commitment may occur under the provisions of W. Va. Code §§ 24-5-1, et seq., only where (i) a valid certificate of an examining physician or psychologist exists expressing the judgment that the respondent is mentally-ill and is likely to cause to himself, herself, or others, and (ii) a valid finding of probable cause.
State of West Virginia ex rel. Michael S. White v. Michael Todt, Administrator, William R. Sharpe, Jr., Hospital; Ted Johnson, Interstate Compact Administrator, West Virginia Department of Health and Human Resources, No. 23271 (W. Va. July 8, 1996) (McHugh, C.J.):
Affirming the transfer of a person under involuntary commitment in Nebraska, the Court held that when a dangerous or potentially dangerous person who has escaped from a mental health facility in another state is detained in West Virginia pursuant to Article V of the Interstate Compact on Mental Health found in W. Va. Code § 27-41-1, due process requires, before the person is returned to the custody of authorities in the other state, that (1) the person be informed of the reason for his or her detention and (2) the person be afforded a hearing, with the assistance of counsel, in order to determine the issue of identity.
West Virginia Advocates, Inc. v. Appalachian Community Health Center, Inc., Richard H. Kiley, and A.K., in her capacity as guardian for J.K., No. 22027 (W. Va. July 20, 1994) (Workman, J.): 191 W.Va. 671, 447 S.E.2d 606:
Reversing a trial court's refusal to recognize a mental health advocacy group's representation of an incompetent person, the Court held that a developmentally disabled individual may authorize the state-designated mental health protection and advocacy organization to act on his or her behalf if the circuit court determines, based upon the incompetent's ability to understand the implication of the granting of authority and to express personal preferences and needs, that the individual is mentally capable of granting authorization.
State of West Virginia ex rel. Tom Shamblin v. Emily G. Collier and the County Commission of Jackson County, No. 22008 (W. Va. May 23, 1994) (Workman, J.): 191 W.Va. 349, 445 S.E.2d 736:
Releasing an adjudged incompetent from confinement in a nursing home, the Court held that (1) a finding of incompetency under W. Va. Code § 27-11-1 must be supported by clear and convincing evidence and (2) advanced age and past physical ailments are alone insufficient to support a finding of incompetency under W. Va. Code § 27-11-1.
E.H., et al. v. Matin, et al., No. 21467 (W. Va. February 25, 1993) (Miller, J.): 189 W.Va. 102, 428 S.E.2d 523:
Reversing a decision enjoining the Department of Health and Human Resources from constructing a mental health facility in Weston, the Court held that (1) where the legislature, through the budgetary process, provides funding to build a public facility, courts are not authorized to interfere with the legislative mandate absent a constitutional or statutory impediment and (2) unless the parties could demonstrate some good cause to the contrary, the Court would abolish judicial monitoring of the state behavioral health services system.
Hon. Robert R. Nelson, et al. v. Hon. Alfred E. Ferguson, Judge, et al., No. 19834 (W. Va. December 13, 1990) (Neely, C.J.): 184 W.Va.198, 399 S.E.2d 909:
Where demoted police officer sought to compel the production of the mental health records of a young girl who had accused him of making racially derogatory remarks, in order to obtain material allegedly affecting her credibility, the Court held that when presented with such a request, trial courts should (1) determine whether the person whose mental health records are sought will actually be called as a witness; (2) determine, after an ex parte review of the records, whether the request is frivolous; (3) permit counsel, after determining there is probable cause to believe the records contain material relevant to credibility, to examine the records; and, (4) conduct an in camera hearing to determine which parts of the records will be released. Additionally, the Court held that, when a minor child is the subject of a motion to compel disclosure of mental health records, but the child is not represented by counsel, the child should be joined as a party and a guardian ad litem must be appointed to protect the child's rights.
In Re Sharon K., No. 18992 (W. Va. December 7, 1989) (Neely, J.): 182 W.Va. 337, 387 S.E.2d 804:
Where transfer to community placement was sought for severely retarded, multiply-handicapped, twenty-four-year old individual who had resided at Colin Anderson since the age of seven, the Court held that although one aspect of humane treatment of involuntarily-committed patients is placement in the least restrictive setting, where overwhelming medical conditions are present, a hospital commitment is appropriate.