MATTER OF LYNETTE H.

No. 252PA88.

374 S.E.2d 272 (1988)

323 N.C. 598

In the Matter of LYNETTE H., a minor child.

Supreme Court of North Carolina.

December 8, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Wilson Hayman, Asst. Atty. Gen., Raleigh, for the State, appellant.

Elisabeth P. Clary, Raleigh, for respondent-appellee.

Sumner & Hewes by William E. Sumner and David A. Webster, Atlanta, Ga., and Roberts Stevens & Cogburn, P.A. by William Clarke and Glenn S. Gentry, Asheville, for Highland Clinic, amicus curiae.

Hunton & Williams by Christopher G. Browning, Jr., Raleigh, for North Carolina Civil Liberties Union Legal Foundation, amicus curiae.

Deborah Greenblatt, Raleigh, for Carolina Legal Assistance, Inc., amicus curiae.

Abigail English, for Nat. Center for Youth Law, amicus curiae.

Albert J. Singer, Raleigh, for Durham Child Advocacy Com'n, amicus curiae.

Katherine S. Holliday, Charlotte, and Anna C. Stowe, Belmont, for Children's Law Center, amicus curiae.

Jordan, Price, Wall, Gray & Jones by William R. Shenton, Stephen R. Dolan and Steven Mansfield Shaber, Raleigh, for North Carolina Hosp. Ass'n, amicus curiae.

Adams, McCullough & Beard by Renee J. Montgomery, Raleigh, for North Carolina Charter Hospitals, amicus curiae.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Julian D. Bobbitt, Jr. and Thomas B. Haller, Jr., Raleigh, for North Carolina Medical Soc., North Carolina Psychiatric Ass'n, North Carolina Psychological Ass'n, North Carolina Council of Child and Adolescent Psychiatry, North Carolina Alliance for the Mentally Ill, Nat. Ass'n of Social Workers—North Carolina Chapter, American Academy of Child and Adolescent Psychiatry, amicus curiae.


WHICHARD, Justice.

This is a special proceeding to determine whether the respondent, a minor, is mentally ill and in need of treatment. On 24 January 1987 respondent's parents requested her admission to Holly Hill Hospital, a mental health facility in Wake County (hereafter "the facility"), pursuant to N.C.G.S. § 122C-221 to -224, the statutes governing voluntary admission and discharge of minors from facilities for the mentally ill. A qualified physician determined...

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