Matter of Clark

615 N.E.2d 1244, 246 Ill. App. 3d 362, 186 Ill. Dec. 187, 1993 Ill. App. LEXIS 937
CourtAppellate Court of Illinois
DecidedJune 24, 1993
Docket4-92-0469
StatusPublished
Cited by6 cases

This text of 615 N.E.2d 1244 (Matter of Clark) 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 Clark, 615 N.E.2d 1244, 246 Ill. App. 3d 362, 186 Ill. Dec. 187, 1993 Ill. App. LEXIS 937 (Ill. Ct. App. 1993).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Respondent, Daniel Clark, appeals from the entry of an order of involuntary admission by the Sangamon County circuit court. (Ill. Rev. Stat. 1991, ch. 911/2, pars. 3 — 601, 3 — 701.) He argues his involuntary admission was improper because the State did not follow statutory procedures and the evidence was insufficient to establish he could be expected to be a danger to himself or others. We disagree and affirm.

I. Facts

Respondent was involuntarily admitted to the Andrew McFarland Mental Health Center (McFarland) in December 1990. Successive petitions for continued involuntary admission were filed, with this petition filed April 14, 1992. The petition sought involuntary admission pursuant to sections 3 — 601 and 3 — 701 of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1991, ch. 911/2, pars. 3-601, 3-701).

The petition was signed by Sherry Frederickson on April 13, 1992, at 3 p.m. It was filed with one certificate prepared by Dr. David Gilliland, who had examined respondent at 11 a.m. on April 14, 1992. A second certificate prepared by a psychiatrist who examined respondent at 4 p.m. on April 14 was filed April 15.

Before the April 24 hearing, respondent attacked his involuntary commitment on procedural grounds. He argued the State failed to timely prepare and file the certificates indicating commitment was necessary. He also argued he did not receive proper notice of the hearing. The State sought permission to amend the petition and to proceed pursuant to section 3 — 813 of the C0ode (Ill. Rev. Stat. 1991, ch. 911/2, par. 3-813).

The trial judge allowed the State to proceed under section 3— 813, reasoning that the only requirements under the provision are that a petition and two certificates be filed within 180 days of a patient’s prior involuntary admission. At the hearing, Gilliland, a psychologist who had treated respondent since respondent’s voluntary admission to McFarland in May 1989, began his testimony by recounting respondent’s psychological history indicated in his medical records. The trial judge sustained respondent’s objection to this testimony, reasoning that although relevant, the State should not rely on evidence about respondent’s psychological or social history which occurred more than 10 years ago.

According to Gilliland’s review of respondent’s more recent medical records, respondent requested medication to alleviate stress, talked to himself, was nude on several occasions when female nurses checked his room, and did not follow McFarland rules. Gilliland testified respondent’s current diagnosis was that he had a schizo-affective disorder.

Gilliland also stated respondent’s medical reports indicated he was hearing and responding to voices and he had threatened another patient. Gilliland opined respondent would inflict serious harm upon others in the near future and continued commitment was the least restrictive treatment for respondent.

During cross-examination, Gilliland stated respondent had taken an interest in his medication by sometimes requesting increases or decreases. Gilliland also conceded respondent’s medication, Prolixin Enanthate (Prolixin), could be administered on an outpatient basis. Gilliland also agreed respondent continued to have a strong interest in his farming operation and wanted to return to farming upon his release.

• Upon inquiry by the trial judge, Gilliland initially stated he did not know whether there was an alternative to respondent’s involuntary admission which would require respondent to voluntarily return to McFarland for his medication every three weeks and to also be subject to drug testing for alcohol or substance abuse. However, upon further questioning by the State, Gilliland opined that outpatient treatment was not a sufficient alternative for respondent.

Doctor Shan Suneja, respondent’s treating physician for the past year and a licensed psychiatrist, testified respondent had not demonstrated any symptoms during their hour-long sessions in April, May, and June 1991. In July 1991, Suneja began reducing respondent’s medication from one cc to one-fourth cc of Prolixin. In October, respondent’s medication was increased to one-half cc Prolixin, and then to one cc, upon his request. Respondent approached Suneja several weeks later and sought a reduction in his medication because he was feeling less stressful. Respondent was then given medication every three weeks rather than every two weeks.

According to Suneja, respondent suffers from a schizo-affective disorder. Symptoms of respondent’s disorder are manifested in hearing voices, talking to oneself, inappropriate laughter, and isolation. When asked if respondent could reasonably be expected to inflict serious physical harm upon others in the near future, Suneja stated there were several factors indicating respondent would be dangerous, while other factors indicated he would not. Personal factors indicating potential dangerousness included (1) respondent experienced violent behavior more than 10 years ago, (2) he did not regret this behavior, (3) he had previous alcohol and substance abuse problems, and (4) he lacked respect for McFarland’s rules. Suneja noted several environmental factors could result in respondent’s potential for violent behavior upon release, including returning to his farm near his father’s relatives and the ease with which a weapon could be acquired.

Suneja also outlined factors which indicated respondent would not be violent upon release: respondent (1) had followed unit rules for a long time, (2) had not struck anyone for a long time, (3) told Suneja he was not going to be involved in any more violence because he did not want to go back to prison, and (4) responds well to his medication and treatment. According to Suneja, respondent would not refuse to take his medication if he had a choice.

In his master treatment plan review, Suneja indicated respondent was struck by a fellow patient in February 1992 and that respondent was “reluctant to seek redress.” Suneja also indicated respondent appeared “extremely fearful of his alleged attacker.” He also noted respondent enjoys hard rock music and limited association with select peers. Under “supervision level,” Suneja wrote: “[Respondent] underutilizes his privileges but occasionally attends off-unit rehab programming without incident. He required no off grounds medical care and appears to be a minimal elopement risk.”

The trial judge concluded the need to involuntarily commit respondent was established by clear and convincing evidence. The evidence showed respondent had a mental illness and he was reasonably expected, in the near future, to engage in conduct which is dangerous to others. Involuntary commitment was viewed as the least restrictive alternative.

II. Alleged Deficiencies In Proceedings

Respondent raises two arguments on procedural deficiencies in his involuntary commitment proceedings, i.e., the State failed to comply with sections 3 — 703 and 3 — 705 of the Code, which require the appointment of a psychiatrist by the court and 36 hours’ notice to respondent of the court-mandated examination.

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Cite This Page — Counsel Stack

Bluebook (online)
615 N.E.2d 1244, 246 Ill. App. 3d 362, 186 Ill. Dec. 187, 1993 Ill. App. LEXIS 937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-clark-illappct-1993.