Matter of Bennett

623 N.E.2d 942, 251 Ill. App. 3d 887, 191 Ill. Dec. 352, 1993 Ill. App. LEXIS 1691
CourtAppellate Court of Illinois
DecidedNovember 15, 1993
Docket4-93-0129
StatusPublished
Cited by32 cases

This text of 623 N.E.2d 942 (Matter of Bennett) 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
Matter of Bennett, 623 N.E.2d 942, 251 Ill. App. 3d 887, 191 Ill. Dec. 352, 1993 Ill. App. LEXIS 1691 (Ill. Ct. App. 1993).

Opinion

JUSTICE COOK

delivered the opinion of the court:

Respondent-appellant Edmund Bennett, a voluntary patient at Meyer Mental Health Center (Center), requested discharge. Thereupon a petition for involuntary admission was filed by the State in the circuit court of Macon County. During the proceedings Bennett apparently changed his mind about his request for discharge and asked to remain at the Center on a voluntary basis. The court found Bennett to be mentally ill and subject to involuntary commitment under the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1991, ch. 911/2, par. 1 — 100 et seq.). Bennett appeals. We affirm.

Under the Code any person is subject to involuntary admission in a mental health facility who “(2) *** is mentally ill and who because of his illness is unable to provide for his basic physical needs so as to guard himself from serious harm.” (Ill. Rev. Stat. 1991, ch. 911/2, par. 1 — 119(2).) A court may involuntarily commit an individual only on the basis of clear and convincing evidence. (Ill. Rev. Stat. 1991, ch. 911/2, par. 3 — 808; In re Long (1992), 237 Ill. App. 3d 105, 109, 606 N.E.2d 1259, 1262.) Expert opinion regarding mental illness and inability to guard oneself from harm must be in the form of explicit medical testimony, based upon a clear and convincing factual basis. In re Cochran (1985), 139 Ill. App. 3d 198, 200, 487 N.E.2d 389, 391.

The trial court determined Bennett was mentally ill and subject to involuntary admission under section 1 — 119(2) of the Code. Dr. James Peters testified Bennett demonstrated psychotic symptoms, including pressured speech, verbal aggression, confusion and incoherence. Dr. Norma Mason opined that Bennett suffered from bipolar disease, characterized by alternating periods of excitability and depression. Peters testified that Bennett was not accepted into the Center’s vocational work program because he was unable to understand directions from the staff. Mason testified that when Bennett’s mental processes go into high gear he neither hears nor understands anything anyone says to him; when he “just starts talking *** other clients move away from him in confusion” because they do not understand what Bennett is trying to communicate.

A trial court’s decision in an involuntary admission proceeding is given great deference and “will not be set aside at the appellate level, even if the reviewing court, after applying the clear and convincing standard, would have ruled differently” (In re Orr (1988), 176 Ill. App. 3d 498, 505, 531 N.E.2d 64, 69, citing In re Mazzara (1985), 133 Ill. App. 3d 146, 478 N.E.2d 567), unless it is against the manifest weight of the evidence. (Long, 237 Ill. App. 3d at 109-10, 606 N.E.2d at 1262.) The original trier of fact is in the best position to weigh the evidence presented to him and determine the credibility of the testifying witnesses. (Orr, 176 Ill. App. 3d at 505, 531 N.E.2d at 69.) Dr. Mason was not Bennett’s regular physician and conducted only one formalized interview with him. However, Mason based her belief that Bennett is unable to provide for his basic needs so as to guard himself from harm upon her own observation of Bennett interacting with others. The trial judge’s finding that Bennett was unable to provide for his basic needs so as to guard himself from harm, based on both physicians’ evidence, is not against the manifest weight of the evidence.

The Code affords voluntarily admitted patients rights which reflect a legislative intent to encourage voluntary admissions. (In re Hays (1984), 102 Ill. 2d 314, 320, 465 N.E.2d 98, 100.) The policy of encouraging voluntary admissions is based on psychiatric evidence indicating that a patient who recognizes his condition and voluntarily undertakes treatment can more likely be rehabilitated than one upon whom therapy is forced. (Hays, 102 Ill. 2d at 319, 465 N.E.2d at 100, citing Developments in the Law, Civil Commitments of the Mentally Ill, 87 Harv. L. Rev. 1190, 1399 (1974).) The benefits of voluntary admission:

“ ‘are less likely to be realized and persons who recognize their need for hospitalization are less likely to seek it if *** they then can be subjected to involuntary commitment without a significant change in their condition, the perception of their condition, or their willingness to be hospitalized.’ ” (Hays, 102 Ill. 2d at 319-20, 465 N.E.2d at 100, quoting Appeal of Niccoli (1977), 472 Pa. 389, 399, 372 A.2d 749, 754.)

Therefore, the Code requires that a patient initially admitted on a voluntary basis may be placed on involuntary status only after that patient has signed a written request for discharge and refuses to rescind that request in writing within five days. The mental health facility within that five-day period must file in court a petition and two certificates asserting that the patient is in need of immediate hospitalization. Ill. Rev. Stat. 1991, ch. 911/2, pars. 3—403, 3—601, 3—602.

The Code further requires mental health facilities to maintain a record of their voluntary admittees’ written requests for discharge. (Ill. Rev. Stat. 1991, ch. 95V2, par. 3 — 202(a).) Bennett contends the State’s failure to attach his written request for discharge to the petition for involuntary admission was reversible error, and he cites several appellate cases to support his proposition that only the document itself can clearly and convincingly demonstrate the request was actually made. However, Bennett failed to refute the State’s evidence that he signed a written request for discharge and, until the day of the hearing, expressed no desire to rescind that request. Moreover, none of the cases Bennett cites explicitly requires the request be produced; those cases merely hold involuntary admission improper where no evidence exists in the record demonstrating the individual submitted a written request for discharge prior to the involuntary commitment proceedings. (In re Weimer (1991), 219 Ill. App. 3d 1005, 1009, 580 N.E.2d 182, 184; In re Splett (1991), 143 Ill. 2d 225, 234, 572 N.E.2d 883, 887; In re Macedo (1986), 150 Ill. App. 3d 673, 676, 502 N.E.2d 72, 74.) Although “[t]he clearest and most convincing evidence that a written request for discharge has been made is always the written request itself” (Macedo, 150 Ill. App. 3d at 676, 502 N.E.2d at 74), here the uncontroverted testimony by Drs. Peters and Mason concerning Bennett’s written request constituted sufficient evidence that Bennett actually submitted a written request for discharge.

In In re Stephenson (1977), 67 Ill. 2d 544, 554, 367 N.E.2d 1273

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Cite This Page — Counsel Stack

Bluebook (online)
623 N.E.2d 942, 251 Ill. App. 3d 887, 191 Ill. Dec. 352, 1993 Ill. App. LEXIS 1691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bennett-illappct-1993.