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Click here for the full text of this decision FACTS:Appellant C.S. was diagnosed with schizoaffective disorder, bipolar type. On March 9, 2006, Dr. Waseem Ahmed filed an application for an order to authorize administration of psychoactive medication to appellant under Texas Health & Safety Code �574.104, because appellant was not complying with her treatment. The hearing on this order was held on March 20, 2006, at the Wichita Falls campus of the North Texas State Hospital System, where appellant has been receiving services since November 2000. Before beginning the hearing, the trial court stated that it would take judicial notice of the contents of a file that included Ahmed’s application for the order to authorize psychoactive medications, but no documentation that C.S. was under a court order to receive inpatient mental health services. Ahmed and appellant were the only two witnesses to testify at the hearing. Ahmed testified that appellant was delusional, lacked the capacity to make a decision regarding the administration of her prescribed medication and refused several times to take medication voluntarily. He has prescribed mood stabilizers, antipsychotics, antidepressants, sedatives, hypnotics and anxiolytics for her treatment. He testified that once medicated, appellant would perhaps benefit from a better quality of life, including fewer mental illness symptoms and hospitalizations. At trial, appellant stated that she did not want to take any more of these medications because they make her sluggish, are hard on her heart, make her very sick and prevent her from sleeping. She denied making the delusional statements. At the close of evidence, the court determined that the benefits of administering the medications were greater than the risks. The court granted the requested authorization, stating “that all terms and provisions of the Texas Health & Safety Code have been complied with and after considering all of the evidence and testimony presented, the Court finds that the facts alleged in the application are true and correct and supported by clear and convincing evidence.” C.S. appealed. In her first issue, she contended that the evidence was factually insufficient to prove that she was under a court order to receive inpatient mental health services. In her second issue, she argued that the evidence was legally and factually insufficient to show either that she lacked the capacity to make a decision regarding the administration of medication or that administration of the medication was in her best interest. HOLDING:Reversed and remanded. Texas Health & Safety Code �574.106(a)(1) states that a court may issue an order authorizing the administration of psychoactive medication to a patient who “is under a court order to receive inpatient mental health services.” The court sustained appellant’s first issue, because the evidence, testimonial or otherwise, was factually insufficient to prove that she was under a court order to receive inpatient mental health services. A court order to receive inpatient mental health services under �574.106(a)(1) was not in the file, nor was it directly addressed at the hearing, the court stated. And without evidence sufficient for a finding that appellant was under a court order to receive inpatient mental health services, the court found that the hearing judge could not proceed with its inquiry. The court then addressed appellant’s second issue, because if the court were to sustain appellant’s contention, it would be required to render judgment in her favor. The court stated that based on the testimony presented by both Ahmed and appellant at the hearing and viewed in the light most favorable to the finding, the trial judge could have reasonably formed a firm belief that appellant both lacked the capacity to make a decision regarding the administration of the proposed treatment and that the proposed medication was in her best interest. OPINION:Holman, J.; Livingston, Holman and Walker, J.J.

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