Civil Practice – Involuntary Commitment – Danger to Others – Insufficient Findings – Unchecked Box

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In deciding whether to involuntarily commit someone, a trial court may incorporate a physician’s report into its findings of fact, but the district court here failed to check the box that would have done so. The trial court decided that respondent was a danger to others, but the only relevant finding of fact was that respondent “Had a physical altercation with security guard. . . .” The order contains no explicit finding of respondent’s past conduct nor any reasonable finding of a probability of future harm to others, or “attempt[] to inflict or threat[] to inflict serious bodily harm on another.” G.S. § 122C3(11)(b).

The commitment order is vacated. Remanded for dismissal.

In re W.J.M. (Lawyers Weekly No. 012-187-23, 8 pp.) (John Tyson, J.) Appealed from Durham County District Court (Pat Evans, J.) Farrah Raja for the state; Emily Holmes Davis for respondent. North Carolina Court of Appeals (unpublished)