Ex parte So. Carolina Dept. of Disabilities & Spec. Needs v. Linkhorn

Rocky Linkhorn was arrested and charged with Criminal Sexual Conduct with a Minor in the First Degree, Lewd Act on a Minor, and Disseminating Obscene Material to a Minor. After finding Linkhorn was incompetent to stand trial and unlikely to become fit in the foreseeable future, the circuit court ordered the solicitor to initiate judicial admission proceedings with the probate court to have Linkhorn involuntarily committed to the South Carolina Department of Disabilities and Special Needs ("DDSN"). Before the probate court determined whether Linkhorn was intellectually disabled, the solicitor filed a motion for a rule to show cause at the circuit court, requesting DDSN be ruled into court "to show just cause for services being denied to [Linkhorn] as previously ordered." The circuit court granted the solicitor's motion and ordered DDSN to, inter alia, take custody of Linkhorn and house him in a secure facility until the probate court determines whether Linkhorn is intellectually disabled. Additionally, the court prohibited DDSN from refusing involuntary commitment of individuals similarly situated to Linkhorn. DDSN appealed. The Supreme Court found the statutes concerning the involuntary commitment of individuals to DDSN were “clear and unambiguous: [. . .] only individuals who developed an ‘intellectual disability’ during the developmental period or a ‘related disability’ before the age of twenty-two can be involuntarily committed to DDSN.” The Court concluded the circuit court erred in applying the broad definition of "person with intellectual disability" found in the applicable statutes to Linkhorn. Because this issue was dispositive of the appeal, the Court declined to address DDSN's remaining arguments, and reversed the circuit court’s decision. View "Ex parte So. Carolina Dept. of Disabilities & Spec. Needs v. Linkhorn" on Justia Law