People v. Daryll C.

930 N.E.2d 1048, 401 Ill. App. 3d 748, 341 Ill. Dec. 534, 2010 Ill. App. LEXIS 550
CourtAppellate Court of Illinois
DecidedJune 2, 2010
Docket3-09-0565
StatusPublished
Cited by14 cases

This text of 930 N.E.2d 1048 (People v. Daryll C.) 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. Daryll C., 930 N.E.2d 1048, 401 Ill. App. 3d 748, 341 Ill. Dec. 534, 2010 Ill. App. LEXIS 550 (Ill. Ct. App. 2010).

Opinion

JUSTICE CARTER

delivered the opinion of the court:

The respondent, Daryll C., appeals an order of the circuit court committing him involuntarily to an inpatient mental health facility. Although that order has expired, the respondent claims the issues raised by this appeal fall within an exception to the mootness doctrine. On the merits, the respondent claims that he was denied his right to the effective assistance of counsel and that the trial court’s finding that hospitalization was the least restrictive treatment setting was not supported by the evidence. We reverse.

FACTS

On July 6, 2009, a petition was filed for the involuntary admission of the respondent to a mental health facility pursuant to the Mental Health and Developmental Disabilities Code (the Code) (405 ILCS 5/1 — 100 et seq. (West 2008)). Attached to the petition was a report prepared by Dr. Eric Ritterhoff entitled “History and Physical,” which indicated that the respondent had bipolar disorder and had had an aortic aneurysm. In addition, the report indicated that the respondent had gone to the Bettendorf police department in his underwear asking for water for his cat. At some point, the police had also been called to the respondent’s apartment building because the respondent was looking for loose rocks in the yard with a pick axe, and he was headed toward a power pole or some type of electrical structure. The respondent also stated that he had or was going to take a pick axe and climb up the outside of his apartment building to find out what route his cat would take when the cat climbed out the window.

A case management note prepared by Debra Ferguson, RN, was also attached to the petition, which related information given to Ferguson by the police. That note stated that the police had responded to a call to the respondent’s apartment, and the respondent had emerged from a wooded area near the apartment with a box and stated that he would beat Rebecca to heaven. Several hours later, the police responded to the respondent’s again, and when the respondent observed the police, he dropped his pants to show that he did not have any contraband. The respondent’s mother stated that the respondent had not been taking his medication.

A hearing was held on July 10, 2009. At the beginning of the hearing, the respondent’s counsel informed the court that the respondent had gone into the restroom, taking with him a newspaper and other things that indicated he was going to take a nap. Counsel indicated that the court could proceed in the respondent’s absence. In addition, the court stated that it understood that the respondent had been informed that the hearing could proceed in his absence and that he could attend the hearing at any time if he chose.

The State presented testimony from one witness, Dr. Eric Ritterhoff, a psychiatrist at the Robert Young Mental Health Center. Dr. Ritterhoff testified that he was on call at the hospital on July 5, 2009, when the respondent was brought to the hospital due to erratic behavior. Dr. Ritterhoff diagnosed the respondent with bipolar disorder, manic type with psychotic features. Dr. Ritterhoff opined that if the respondent did not receive treatment for his mental illness, the respondent would be at risk for behavior that was seriously dangerous to his welfare. Dr. Ritterhoff based this opinion on the elevated level of an anticoagulation drug, Coumadin, in the respondent’s system. The respondent took Coumadin for a chronic heart condition. The level of Coumadin in the respondent’s body was greatly elevated, and he was at risk for spontaneous bleeding if he suffered any kind of injury. The respondent had informed Dr. Ritterhoff that he was not taking the appropriate pills because he had run out of them. Dr. Ritterhoff also based his opinion on the behavior that the respondent exhibited at his apartment before being brought to the hospital. This behavior included the respondent’s statement that he was going to use a pick axe to climb up the exterior of his apartment building and the respondent’s statement that he would beat Rebecca to heaven.

Dr. Ritterhoff testified that he had developed a treatment plan for the respondent. Further, he testified that in developing that treatment plan he had considered various alternative dispositions available for the respondent’s treatment. Dr. Ritterhoff also testified that hospitalization at an inpatient psychiatric unit was the least restrictive placement for the respondent. Dr. Ritterhoff did not testify regarding what alternatives he had considered or why he had rejected those alternatives.

Regarding the treatment plan and the least restrictive treatment alternative, Dr. Ritterhoff testified as follows:

“Q. Is the treatment plan then based on your psychiatric education, training, experience and your personal examination of Mr. [C.]?
A. The treatment plan that I am recommending for him is based on my personal knowledge of the patient and his problem and the past treatments that have been successful in treating his condition. Mr. [C.] requires an involuntary admission to the psychiatric unit because he is unable to exercise any meaningful judgment about his condition. He is in need of Lithium Carbonate which has proven successful in the past in reversing his manic state based on my only personal treatment of him years ago. In addition, he is in need of close evaluation of his blood disorder by specialists who are trained to administer Coumadin and check his Coumadin level. He also needs to be hospitalized long enough to realize the seriousness of the situation and the fype of followup that he needs subsequent to discharge.
When we have been discussing the situation with him and asked him what it would be that he would do if he was to leave, his response has been that he would like to go to a bar and do karaoke singing and try out for the lead role in a film that’s being done in Eldridge, Iowa. His ability to consider that he has a medical illness and the need for maintenance Lithium is very poor at this time.
Q. In your opinion, Doctor, then is an inpatient psychiatric unit the least restrictive placement for Mr. [CJ at this time?
A. It is the least restrictive alternative for him to remain in the hospital.”

The respondent’s attorney did not ask Dr. Ritterhoff any questions and did not present any evidence. The respondent’s attorney also indicated to the court that she did not know how long an involuntary commitment typically lasted. The court found the respondent to be a person subject to involuntary admission as defined by section 1 — 119 of the Code. 405 ILCS 5/1 — 119 (West 2008). The court further found that hospitalization at the Robert Young Mental Health Center was the least restrictive alternative for treatment. The court ordered the respondent to be involuntarily admitted to the mental health center for a period not to exceed 90 days. 405 ILCS 5/3 — 813 (West 2008). The respondent appealed.

ANALYSIS

A. Mootness Doctrine

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Bluebook (online)
930 N.E.2d 1048, 401 Ill. App. 3d 748, 341 Ill. Dec. 534, 2010 Ill. App. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-daryll-c-illappct-2010.