In the Matter of the Necessity for the Hospitalization of Vern H.

Summary

The court held that probable cause, rather than clear and convincing evidence, governs a review hearing concerning continued detention while a person awaits transport for a civil commitment evaluation. It also held that the State must prove by clear and convincing evidence that jail is the least restrictive available setting for that temporary detention, but affirmed because the superior court required continued efforts to secure a less restrictive placement and any evidentiary error was harmless. The court further concluded that the statutory evaluation period had not expired and that Vern's approximately four-day detention did not violate substantive due process.