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IN RE R.L.

No. 93-051.

657 A.2d 180 (1995)

In re R.L.

Supreme Court of Vermont.

January 13, 1995.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Montpelier and Janet Bull, Asst. Atty. Gen., Waterbury, for appellee Vermont Dept. of Mental Health and Mental Retardation.

Alexander Scherr, Bessie A. Weiss and Louise M. Pierson, Paralegals, on the brief, Vermont Legal Aid, Inc., Waterbury, and Jeffrey A. Meyer of Kellogg, Huber, Hansen & Todd, Washington, DC, for appellant R.L.

M. Jerome Diamond, Montpelier, for amici curiae American Civil Liberties Union (Vermont Chapter), Vermont Advocacy Network, Vermont Developmental Disabilities Council, and Vermont Protection and Advocacy, Inc.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

R.L. appeals the family court's involuntary hospitalization order and its denial of his request for an order directing the Vermont State Hospital (VSH) to accept him as a voluntary patient. R.L. claims that 18 V.S.A. § 7703(a) authorizes involuntary treatment only where voluntary treatment is "not possible," and that, in his case, the State failed to show that voluntary treatment was not possible. The family court denied R.L.'s request because...

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