D.K.

BACKGROUND

D.K. was found incompetent to stand trial (IST) and committed to the Department of State Hospitals (DSH) by the Orange County Superior Court. D.K. is a patient at Napa State Hospital (NSH) and has been diagnosed with “[u]nspecified schizophrenia spectrum and other psychotic disorder.” After D.K.’s transfer to NSH, DSH filed a petition with the Office of Administrative Hearings (OAH) for an interim order to compel involuntary medication of D.K. with antipsychotic medication. DSH asserted D.K. lacked the capacity to make decisions regarding antipsychotic medication, her mental disorder required such treatment, and “it is probable that serious harm to [her] physical or mental health” would result absent such treatment. Alternatively, DSH argued D.K. posed a danger of inflicting substantial physical harm on others because of her mental disorder. Pursuant to section 1370, subdivision (a)(2)(D)(i), an administrative law judge (ALJ) conducted an evidentiary hearing on January 20, 2023. The ALJ found by clear and convincing evidence that D.K. “lacks capacity to make decisions regarding antipsychotic medication, [her] mental disorder requires treatment with antipsychotic…