People v. B.K.

362 Ill. App. 3d 324
CourtAppellate Court of Illinois
DecidedDecember 1, 2005
Docket4-05-0210 Rel
StatusPublished
Cited by4 cases

This text of 362 Ill. App. 3d 324 (People v. B.K.) 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
People v. B.K., 362 Ill. App. 3d 324 (Ill. Ct. App. 2005).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

On February 25, 2005, the trial court ordered respondent, B.K., subject to involuntary admission to a mental health facility and involuntary treatment in the form of psychotropic medication. Respondent appeals, arguing the court’s authorized-involuntary-treatment order must be reversed because (1) neither respondent nor her attorney received a copy of the petition or notice of hearing three days prior to the hearing as required by section 2 — 107.1(a—5)(1) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/2 — 107.1(a—5)(1) (West 2004)), (2) hearings on the petitions for involuntary admission and authorized involuntary treatment were not held separately as required by section 2 — 107.l(a— 5)(2) of the Mental Health Code (405 ILCS 5/2 — 107.1(a—5)(2) (West 2004)), and (3) the court’s decision to order authorized involuntary treatment was against the manifest weight of the evidence. We reverse.

On February 22, 2005, Jacquiline Mathias, an on-call crisis counselor, filed a petition for involuntary admission of respondent to a mental health facility pursuant to section 3 — 600 of the Mental Health Code (405 ILCS 5/3 — 600 (West 2004)). The petition alleged respondent was mentally ill and unable to provide for her own basic physical needs so as to guard herself from serious harm. Specifically, it was alleged respondent had a history of bipolar episodes with the last one occurring approximately seven years earlier. Prior to the filing of the petition, respondent’s mother noticed disorganized thinking and behavior in respondent. Additionally, it was alleged respondent walked naked to her mother’s house after giving her clothing and purse to a stranger.

Two certificates were filed with the petition. They were executed by a physician and psychiatrist, both of whom examined respondent. Each certificate alleged respondent was mentally ill and unable to provide for her basic physical needs. Both also noted that respondent was pregnant.

On February 25, 2002, a hearing on the petition was conducted. At the hearing, the State presented the testimony of petitioner Mathias and Dr. Carmen Chase, the psychiatrist who executed one of the certificates and examined respondent. Each gave testimony concerning her own personal contact with respondent and the behavior she exhibited during that contact. Additionally, Dr. Chase testified she diagnosed respondent as having bipolar affective disorder and found her to be in a manic state. Further, she recommended that respondent be treated with psychotropic medication and described the benefits and potential risks of each drug to respondent and her unborn child. Respondent testified on her own behalf.

The trial court determined respondent suffered from bipolar disorder and ordered her subject to involuntary admission in a mental health facility. After the hearing, the court noted that a petition for authorized involuntary treatment had been tendered to it that day. The petition requested the court enter an order authorizing the involuntary administration of psychotropic medication pursuant to section 2 — 107.1(a—5) of the Mental Health Code (405 ILCS 5/2— 107.l(a — 5) (West 2004)). The court considered the petition filed instanter. Without objection, a hearing then proceeded on that petition.

Instead of presenting additional evidence at the hearing, the parties stipulated to the evidence presented at the earlier involuntary-admission hearing. After listening to the parties’ arguments, the trial court concluded the State met its burden on the petition and authorized involuntary treatment to be administered to respondent in the form of psychotropic medication. Specifically, lithium was ordered as the first choice of medication to be administered to respondent with alternative medications being Zyprexa, Haldol, and lamotragine.

This appeal followed.

Initially, we note that this case is moot because both of the trial court’s orders were effective for only 90 days and that time period has expired. However, we will address respondent’s arguments because this case involves an event of short duration that is capable of repetition yet evades review. In re Barbara H., 183 Ill. 2d 482, 491, 702 N.E.2d 555, 559 (1998).

On appeal, respondent first contends the trial court’s authorized-involuntary-treatment order should be reversed because neither she nor her attorney received a copy of the petition or notice of a hearing on the petition at least three days prior to the hearing as required by section 2 — 107.l(a—5)(1) of the Mental Health Code (405 ILCS 5/2— 107.1(a — 5)(1) (West 2004)). Conversely, the State contends respondent received timely notice, her claim of error has been forfeited, and she failed to show prejudice.

Section 2 — 107.1 (a — 5) of the Mental Health Code provides for the authorized involuntary treatment of a recipient of mental health services in certain instances. 405 ILCS 5/2 — 107.1(a—5) (West 2004). Section 2 — 107.l(a—5)(1) requires an individual who files a petition requesting authorized involuntary treatment to deliver a copy of the petition and a notice of hearing to the respondent and his or her attorney “no later than [three] days prior to the date of the hearing.” 405 ILCS 5/2 — 107.l(a—5)(1) (West 2004). However, “[i]f a hearing is requested to be held immediately following the hearing on a petition for involuntary admission, then the notice requirement shall be the same as that for the hearing on the petition for involuntary admission, and the [authorized-involuntary-treatment] petition *** shall be filed with the petition for involuntary admission.” 405 ILCS 5/2— 107.1 (a — 5)(1) (West 2004).

Fundamental liberty interests are implicated by the involuntary administration of mental health services and, therefore, statutes governing such proceedings should be narrowly construed. Barbara H., 183 Ill. 2d at 498, 702 N.E.2d at 562. In this same context, this court has stated as follows:

“ ‘The procedural safeguards enacted by the legislature are not mere technicalities. Rather, they are intended to safeguard the important liberty interests of the respondent which are involved in mental health cases. ***
*** The total disregard for the legislatively established procedures is contrary to the balancing of interests established by the [Mental Health] Code and should not be condoned.’ ” In re O.C., 338 Ill. App. 3d 292, 298, 788 N.E.2d 1163, 1168 (2003), quoting In re Luttrell, 261 Ill. App 3d 221, 230-31, 633 N.E.2d 74, 81-82 (1994).

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Bluebook (online)
362 Ill. App. 3d 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bk-illappct-2005.