04.17
IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY
DOYLESTOWN, PENNSYLVANIA
C/O Bucks County Department of Mental Health / Developmental Programs
600 Louis Drive, Suite 101
Warminster, PA 18974
RE: Terance Healy
Defendant, Terance Healy, hereby appeals to the Court of Common Pleas of Bucks County in Doylestown regarding the decision reached at a conference before Mental Health Review Officer, Colby S. Grim, Esq on the evening of April 11, 2017.
This NOTICE OF APPEAL document is filed timely on this 17th day of April 2017. Filing by hand delivery to Bucks County Department of Mental Health / Developmental Programs, 600 Louis Drive, Suite 101, Warminster, PA 18974.
(With fax transmission to all parties upon service of the Appeal to Bucks County Department of Mental Health.)
Defendant’s participation in any program at Lenape Valley Foundation, Doylestown, PA is pursuant to the finding of the Mental Health Review Officer. Defendant, by his participation in their efforts, DOES NOT IN ANY WAY indicate agreement with the false information which had been provided by police on form MH783.
Defendant is complying ONLY to prevent further duress by law enforcement and mental health professionals until such time as the Courts can be presented with the facts for review, dismissal, expungment, discipline and/or criminal prosecution where deemed appropriate.
Form MH 783 has been presented as an APPLICATION FOR EXTENDED INVOLUNTARY TREATMENT (Section 302). The documentation provided is bogus.
Form MH784A [TITLE INCOMPLETE] was prepared and presented by MaryBeth McDowell of the Horsham Clinic seeking ‘to extend your involuntary treatment for up to 20 more days” without any review or any attempt to verify the false information provided by police AND prior to any review by any examining doctor.
| The government’s authority to involuntarily commit persons who are a danger to themselves or others arises from the state’s inherent police powers. In re Hutchinson , 454 A.2d 1008, 1010 (Pa. 1982). The person so confined has a countervailing liberty interest protected by the due process clause of the Constitution. Id.
As our Supreme Court clearly delineated in In re Hutchinson , “involuntary civil commitment of mentally ill persons constitutes deprivation of liberty and may be accomplished only in accordance with due process protections.” Id. at 1010. The MHPA is “an enlightened legislative endeavor to strike a balance between the state’s valid interest in imposing and providing mental health treatment and the individual patient’s rights.” Id. (citation omitted). The MHPA specifically embodies these principles by stating that its provisions must “be interpreted in conformity with the principles of due process[.]” 50 P.S. § 7102. As we noted in In re Ryan , 784 A.2d 803, 807 (Pa.Super. 2001), “The legislative policy reflected in the Mental Health Procedures Act is to require that strict conditions be satisfied before a court order for commitment shall be issued. Such a policy is in accord with the recognition that commitment entails a massive deprivation of liberty.” |
Respectfully Submitted,
Terance Healy
c/o Joan Healy
871 Mustang Road
Warrington, PA 18976
(215) 343-1686 (There is no reliable voicemail for this phone.)
Distribution to:
Colin Jenei, Esq. (“The Department”)
Brad Bastedo, Esq., Bucks County Public Defender
Colby S. Grim, Esq.
| This document is published for the purpose of supporting my prior statements indicating I HAVE NO PROTECTION UNDER THE LAW and I AM BEING DENIED MY CONSTITUTIONAL RIGHTS. Attempting to humiliate me through the improper use of an involuntary commitment demonstrates the abuse of power under color of law by the police. Relying on the failure to seek the facts while participating in the harassment and efforts which seek to cause duress, the police have created liabilities for all involved. |
