In re C.K.

The State filed a petition seeking the commitment of C.K. to the Montana State Hospital (MSH) for involuntary mental health treatment pursuant to Mont. Code Ann. 35-21-127. At the commitment hearing, the examining mental health professional, Kim Waples, testified about C.K.’s behavior based on her initial evaluation report and a therapeutic group home’s counseling and staff records. At the close of the hearing, the district court granted the State’s petition and committed C.K. to the MSH for ninety days. C.K. appealed, arguing that the district court erred in admitting and considering inadmissible hearsay referenced in Waples’ hearing testimony. The Supreme Court affirmed, holding (1) otherwise inadmissible hearsay may be admissible through an expert under Mont. R. Evid. 703 upon proper foundation and for the limited purpose of explaining the basis of the expert’s opinion rather than proving the facts asserted in the statement; and (2) the district court in this case did not abuse its discretion in admitting and considering the otherwise inadmissible hearsay referenced in Waples’ testimony for the purpose of explaining her opinions and recommendations. View "In re C.K." on Justia Law