Alaska Supreme Court
In the Matter of the Necessity for the Hospitalization of: Sergio F.
May 12, 2023529 P.3d 74
Summary
The Alaska Supreme Court vacated Sergio F.'s 90-day involuntary commitment order because the superior court did not determine whether the State proved by clear and convincing evidence that no feasible, available, and adequate less restrictive alternative existed. A finding of grave disability does not itself establish that inpatient hospitalization is the least restrictive alternative, and the State bears the burden of exploring and disproving less restrictive treatment options. The court did not reach the sufficiency of the evidence supporting grave disability.