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In re Ryan

Order directing extended involuntary mental health treatment vacated because failure to adhere to statutory time limitations for hearings was a violation of petitioner's right of freedom from illegal restraint and a violation of his due process rights.

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J. S58003/01

� 1 Appellant, James Ryan, appeals from the Trial Court order dated April 27, 2001 *fn1 denying his petition for review of the order directing extended involuntary mental health treatment, and denying his petition for a writ of habeas corpus. We reverse.

� 2 On April 11, 2001, Appellant was involuntarily admitted to Holy Spirit Hospital for emergency mental health evaluation and treatment pursuant to section 7302 of the Mental Health Procedures Act. *fn2 On April 13, 2001, a representative of social services *fn3 filed an application for extended involuntary treatment pursuant to section 7303, and, on April 16, 2001, an informal hearing was held before a mental health review officer. After the hearing, the mental health review officer certified that Appellant was severely mentally disabled and ordered an additional twenty days of mental health treatment. Three days later, on April 19, 2001, Appellant petitioned the trial court for review of the certification and requested that he be discharged from the hospital and that all records of his involuntary treatment be expunged, because the hearing for extended treatment violated the 24 hour time limit mandated by section 7303 for such hearings.

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