In Re Borgogna

Harbor Regional Center for Developmentally Disabled Citizens, Inc. (Harbor), and the public defender, both purporting to act on behalf of Andrew Borgogna, a developmentally disabled person, filed a petition for writ of habeas corpus in Orange County Superior Court contending Andrew should be released from Fairview State Hospital, where he is a voluntary admittee, to a community placement under the auspices of Harbor. The petition was opposed by the director of Fairview, Dr. Francis Crinella, and by Andrew’s mother and sister, Mrs. Borgogna and Mrs. Tiritilli. The public defender appointed to represent Andrew joined dn the petition, but Andrew himself expressed opposition to the release. After holding an evidentiary hearing, the superior court declined to issue the writ. It found: first, the petition was not filed on Andrew’s behalf because both he and his guardian opposed it, and Andrew, as found specifically by the court, is competent “to make such a decision”; and second, Harbor is not able to provide safely for Andrew’s needs because of the risk of his suffering psychiatric regression should he be placed. The court said it would entertain other petitions in the future…