In Re AW

887 N.E.2d 831
CourtAppellate Court of Illinois
DecidedApril 24, 2008
Docket4-07-0489
StatusPublished

This text of 887 N.E.2d 831 (In Re AW) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re AW, 887 N.E.2d 831 (Ill. Ct. App. 2008).

Opinion

887 N.E.2d 831 (2008)

In re A.W., a Person Found Subject to Authorized Involuntary Treatment (The People of the State of Illinois, Petitioner-Appellee,
v.
A.W., Respondent-Appellant).

No. 4-07-0489.

Appellate Court of Illinois, Fourth District.

April 24, 2008.

*833 Justice STEIGMANN delivered the opinion of the court:

Following a May 2007 hearing, the trial court found respondent, A.W., subject to involuntary treatment (405 ILCS 5/2-107.1 (West 2006)).

Respondent appeals, arguing that (1) the State failed to prove by clear and convincing evidence that he was subject to involuntary treatment because no evidence showed that he was informed, in writing, *834 of the risks and benefits of the recommended treatment, as well as alternatives to the recommended treatment; (2) the trial court's order authorizing involuntary treatment failed to comply with the Mental Health and Developmental Disabilities Code (405 ILCS 5/1-121.1, 1-121.5 (West 2006)) because it authorized specific dosages of psychotropic medication that were not supported by evidence as to those dosages; and (3) the court's order failed to comply with the Code (405 ILCS 5/2-107.1(a-5)(6) (West 2006)) because it authorized the administration of a nonpsychotropic medication. Because we agree with respondent's first argument, we reverse.

I. BACKGROUND

In May 2007, Stacey Horstman, respondent's psychiatrist at McFarland Mental Health Center, filed a petition seeking to involuntarily administer treatment to respondent. The petition alleged that (1) respondent (a) had a mental illness, (b) refused to receive psychotropic medication, and (c) exhibited (i) deterioration of his ability to function, (ii) suffering, or (iii) threatening behavior; (2) respondent's mental illness had existed for a period of time marked by the continuing presence of symptoms or the repeated episodic occurrence of symptoms; (3) respondent lacked the capacity to make a reasoned decision about the psychotropic medication; (4) the benefits of the psychotropic medication clearly outweighed the harm; and (5) other, less-restrictive services were explored and found inappropriate. The petition requested the following medications: (1) Olanzapine (5 to 30 milligrams per day), (2) Risperidone "PO" (by mouth) (one to eight milligrams per day), (3) Risperidone long-lasting injection (25 to 50 milligrams every 14 days), and (4) Cogentin (one-half to six milligrams per day). The petition also requested the following testing and procedures necessary for the safe and effective administration of the requested medications: (1) "injection for IM [(intramuscular)] administration," and (2) certain blood tests.

At the hearing on the petition, which was held later in May 2007, Horstman testified that respondent had been diagnosed with schizo-affective disorder, bipolar type. As a result of that mental illness, respondent developed paranoia, irritability, auditory hallucinations, and threatening behavior. Horstman explained that during the previous 10 days, respondent had "voiced a desire to kill gay people and threatened to kill white people as well." He also had specifically expressed a desire to kill his McFarland roommate and some staff members. Horstman opined that respondent lacked the capacity to give informed consent as to his treatment. She explained that he (1) had "very poor insight" into his illness and (2) did not think he was mentally ill or needed medication.

Horstman then testified that in the involuntary-treatment petition, she had requested (1) Olanzapine as the first-choice psychotropic medication, (2) Risperidone as an alternative psychotropic medication, and (3) Cogentin (a nonpsychotropic medication). Horstman opined that Olanzapine and Risperidone would "reduce [respondent's] manic and psychotic symptoms, reduce his paranoia, help him think more clearly, help him have better insight into his medical illness[,] and to appropriately deal with his medical conditions." She did not testify as to the anticipated dosage for either Olanzapine or Risperidone. Horstman further opined that Cogentin would be used to reduce the side effects of the psychotropic medications.

*835 Horstman acknowledged that the suggested psychotropic medications had possible side effects, including muscle tension, "restless tremors," weight gain, diabetes, and "tardive dyskinesia." She explained that respondent previously had received one dose of Olanzapine without any side effects. Horstman then testified as follows:

"Q. [PROSECUTOR:] Has he been made aware of the side effects of these medications?
A. He's been given written information but did not allow any verbal discussion and I don't know that he looked at that information.
Q. Did you try to talk with him about it?
A. Yes.
Q. And did he receive the list of side effects in writing, is that correct?
A. Yes, they were put in his box for him."

Horstman also stated that respondent would be monitored for possible side effects through certain testing and procedures. Horstman opined that the potential benefits of the proposed medications clearly outweighed the potential harm if respondent did not receive them. She explained that it was likely that the proposed treatment would provide respondent "some recovery from his illness." Horstman further stated that other less-invasive treatment was inappropriate for respondent.

The trial court admitted in evidence the State's exhibit No. 1, which was a list of medical and nursing staff who were authorized to administer the requested medications to respondent.

Respondent testified that prior to his current hospitalization, he had lived in a motel and "in the wilderness." When asked if he was aware that Horstman had filed a petition seeking to involuntarily administer treatment, respondent testified as follows: "All they are doing is issuing a— the lawsuit. It seems like everything is political. I'm a democrat. It doesn't get any better when the leader was killed. They—I hate drugs."

Based on the evidence, the trial court found respondent subject, for a period not to exceed 90 days, to involuntary administration of the following psychotropic medications: (1) Olanzapine (5 to 30 milligrams per day), (2) Risperidone "PO" (one to eight milligrams per day), and (3) Risperidone long-lasting injection (25 to 50 milligrams every 14 days). The court also authorized the administration of Cogentin (one-half to six milligrams per day), as well as the blood tests and other procedures Horstman requested.

This appeal followed.

II. ANALYSIS

A. The Mootness Doctrine in General

This appeal is moot. The underlying judgment, entered by the trial court on May 11, 2007, was limited to 90 days, which have passed.

An issue raised in an otherwise moot appeal may be addressed when (1) the immediacy or magnitude of the interests involved in the case warrants the reviewing court's action or (2) "the issue is `"likely to recur but unlikely to last long enough to allow appellate review to take place because of the intrinsically short-lived nature of the controversies."' [Citation.]" Felzak v. Hruby, 226 Ill.2d 382, 392, 315 Ill.Dec. 338, 876 N.E.2d 650

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Bluebook (online)
887 N.E.2d 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aw-illappct-2008.