People v. Bonnie S. (In Re Bonnie S.)

2018 IL App (4th) 170227, 118 N.E.3d 1227, 427 Ill. Dec. 556
CourtAppellate Court of Illinois
DecidedDecember 3, 2018
DocketNO. 4-17-0227
StatusUnpublished

This text of 2018 IL App (4th) 170227 (People v. Bonnie S. (In Re Bonnie S.)) 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. Bonnie S. (In Re Bonnie S.), 2018 IL App (4th) 170227, 118 N.E.3d 1227, 427 Ill. Dec. 556 (Ill. Ct. App. 2018).

Opinion

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

*559 ¶ 1 In March 2017, following a bifurcated hearing, the trial court entered two separate orders, finding that respondent, Bonnie S., (1) was in need of emergency involuntary admission to the Department of Human Services ( 405 ILCS 5/3-600 et seq. (West 2016) ) and (2) was subject to involuntary administration of psychotropic medication ( id. § 2-107.1).

¶ 2 Respondent appeals, arguing (1) certain procedural defects require reversal of the trial court's involuntary admission order, including (a) the failure to promptly file a second certificate as required by sections 3-610 and 3-611 of the Mental Health and Developmental Disabilities Code (Code) ( id. §§ 3-610, 3-611) and (b) the failure to disclose a timeframe of the proposed treatment plan as required by section 3-810 ( id. § 3-810); (2) the State failed to prove by clear and convincing evidence that Bonnie received all of the required written information regarding alternate treatments; and (3) the order for involuntary treatment was unsupported by evidence regarding who would administer the treatment. We disagree and affirm.

¶ 3 I. BACKGROUND

¶ 4 Because respondent challenges only a few specific requirements that she claims the State failed to meet, we provide only that information necessary to give a general understanding of the proceedings below. We will discuss the relevant details as needed in the analysis portion of this opinion.

¶ 5 A. The Petition for Involuntary Admission

¶ 6 On February 28, 2017, Christopher Hays, the crisis admission counselor for Advocate BroMenn Medical Center (Advocate *1231 *560 BroMenn) in Bloomington, Illinois, filed a petition for emergency inpatient admission by certificate. The petition alleged respondent was a person with a mental illness who may cause harm to herself or others, was unable to care for herself without treatment, and was therefore in need of immediate hospitalization. The certificate attached to the petition indicated respondent was examined in the emergency room on February 27, 2017. Respondent reported that she was hearing voices telling her to harm herself and she did not feel safe with outpatient treatment.

¶ 7 B. The Petition for Administration of Psychotropic Medication

¶ 8 A hearing was initially set for March 6, 2017. However, because witnesses were unavailable for that date, the hearing was rescheduled for March 9, 2017.

¶ 9 On March 6, 2017, Asifa Choudhry, a psychiatrist at Advocate BroMenn, filed a petition for administration of psychotropic medication, alleging respondent had a chronic, persistent mental illness that required medication but respondent refused to take any of the medication. The petition requested authority to administer four different medications. The State sent notice indicating a hearing on the petition was scheduled for March 9, 2017.

¶ 10 C. The Determination Hearing

¶ 11 On March 9, 2017, the parties agreed to reschedule the hearing for March 13, 2017. On March 13, 2017, the trial court first conducted a hearing on the petition for involuntary admission. The court waived respondent's attendance because she had refused to participate and her attorney and doctor agreed that forcing her attendance would create substantial suffering.

¶ 12 On that same day (March 13, 2017), a second certificate was filed that indicated that psychiatrist Nathan Ontrop examined respondent on February 28, 2017. However, he signed the certificate on March 3, 2017. The certificate concluded that respondent required immediate involuntary admission due to her mental illness, risk of self-harm, and inability to care for herself. Respondent objected to the second certificate because it was signed days after the examination. However, the trial court found it was sufficient.

¶ 13 Troy S., respondent's adult son, testified that his mother had suffered from a mental illness for many years and had been hospitalized for her illness on multiple occasions. Troy explained that when respondent stops taking her medication, she becomes withdrawn, paranoid, and distrustful of everyone-including him. Respondent also stops eating and fears for her safety. As a result, respondent had, in the past, called 911 and requested to be taken to a hospital.

¶ 14 Choudhry testified that she had been treating respondent since respondent was admitted to the hospital. Choudhry diagnosed respondent with psychosis not otherwise specified with a rule out of bipolar disorder and schizoaffective disorder. Respondent's condition was deteriorating; she was unable to care for herself and was a danger to herself. Choudhry indicated respondent would no longer leave her room, only ate with a lot of encouragement, and even then would not finish her meals. Respondent refused to take her medication, was convinced Choudhry was a representative from a drug company, and told nurses that the other patients were waiting outside her door "to get her." Most of all, respondent reported hearing voices, which made her feel unsafe.

¶ 15 Choudhry acknowledged that respondent had taken the minimum dose of Seroquel, an antipsychotic medication, for the previous five days but insisted it was not enough to improve her condition. Respondent *1232 *561 had refused to take a larger dose or any other medication. Respondent would not say why she refused to take more than the minimum dose, and she refused to speak with Choudhry or medical staff about it. When they entered her room and tried to talk to her, she would wrap herself in her sheets and tell them to leave.

¶ 16 The State showed Choudhry a social services report that outlined respondent's treatment plan, and the trial court admitted it into evidence over respondent's objection. Choudhry explained that respondent needed medication and a "long-term treatment for her psychiatric problems."

¶ 17 Hays testified that he met with respondent on the day she was admitted to the hospital. Respondent told Hays that she was hearing voices that were telling her to harm herself and she did not feel safe at home. Hays stated he was familiar with respondent because she had come in before under similar circumstances on more than one occasion.

¶ 18 The trial court found the State proved by clear and convincing evidence that respondent had a mental illness, was reasonably expected to engage in conduct placing herself in harm, could not care for herself, and refused to accept assistance from her family. The court also concluded that respondent was refusing treatment because she was not taking the necessary medication and her mental illness prevented her from understanding the need for treatment. As a result, respondent's history and pattern of mental illness demonstrated that her condition was deteriorating such that inpatient treatment was necessary.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 IL App (4th) 170227, 118 N.E.3d 1227, 427 Ill. Dec. 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonnie-s-in-re-bonnie-s-illappct-2018.