California Department of State Hospitals v. A.H. (Sept. 21, 2018, B286187) __ Cal.App.5th ___ [2018 WL 4519929]
Mental health professionals at a state hospital prescribed antipsychotic medication to A.H., a mentally disordered offender whose mental disorders regularly resulted in violent outbursts against himself and others. A.H. objected to the medication, claiming that his religion—in which he was the sole prophet and worshiper of the deity Zahara—prohibited him from taking any synthetically manufactured medication. The hospital conducted two administrative proceedings, which confirmed that the antipsychotic medication was required. A.H. unsuccessfully petitioned the superior court for writ relief. The trial court ruled that, under In re Qawi (2004) 32 Cal.4th 1, the hospital was authorized to involuntarily administer medication to treat a dangerous or incompetent mentally disordered offender, and substantial evidence supported the hospital’s administrative decision to medicate A.H. A.H. appealed, contending the Qawi order was not supported by substantial evidence and that it violated his First Amendment Free Exercise and Due Process rights.
The Court of Appeal affirmed. First, A.H’s long history of violence and psychotic episodes were substantial evidence supporting the trial court’s Qawi order. Second, A.H.’s Free Exercise claim was not supported by credible evidence that his religious beliefs were genuine. He personally and recently wrote the religious teachings specifically to support his claim, and his newly found religious insight was inconsistent with his voluntary practice to take another synthetic antipsychotic medication. Further, the state had a compelling interest in caring for the mentally incompetent offender and preventing him from hurting himself or others. Finally, A.H.’s Due Process claim failed because the hospital followed the established statutory, administrative, and case law authority in obtaining the Qawi order.
Prepared by H. Thomas Watson and Peder K. Batalden, Horvitz & Levy, LLP
California Society for Healthcare Attorneys
1215 K Street, Suite 800
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