People v. Gloria C.

929 N.E.2d 1136, 401 Ill. App. 3d 271, 341 Ill. Dec. 57, 2010 Ill. App. LEXIS 112
CourtAppellate Court of Illinois
DecidedFebruary 17, 2010
Docket2—07—0608, 2—07—0609 cons.
StatusPublished
Cited by12 cases

This text of 929 N.E.2d 1136 (People v. Gloria 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. Gloria C., 929 N.E.2d 1136, 401 Ill. App. 3d 271, 341 Ill. Dec. 57, 2010 Ill. App. LEXIS 112 (Ill. Ct. App. 2010).

Opinion

JUSTICE SCHOSTOK

delivered the opinion of the court:

In this consolidated appeal, the respondent, Gloria C., appeals from the May 25, 2007, order of the circuit court of Kane County subjecting her to involuntary admission. She also appeals from the trial court’s order of that same day subjecting her to the involuntary administration of psychotropic medication. On December 31, 2008, this court entered an order reversing the order subjecting the respondent to involuntary admission but affirmed the order subjecting her to the involuntary administration of psychotropic medication. In re Gloria C., Nos. 2—07—0608, 2—07—0609 cons. (2008) (unpublished order under Supreme Court Rule 23). On September 30, 2009, the Illinois Supreme Court directed that we vacate our order and reconsider the matter in light of its decision in In re Alfred H.H., 233 Ill. 2d 345 (2009), to determine if a different result was warranted. We therefore vacate our order and consider the respondent’s contentions in light of Alfred H.H.

I. Appeal Number 2 — 07—0608

On May 4, 2007, pursuant to section 3 — 700 of the Mental Health and Developmental Disabilities Code (the Code) (405 ILCS 5/3 — 700 (West 2006)), the State filed a petition for the involuntary admission of the respondent. The petition alleged that the respondent was mentally ill and that because of her illness she was expected to inflict serious physical harm upon herself or another in the near future. The petition further alleged that, due to her illness, she was unable to provide for her basic physical needs so as to guard herself from serious harm without the assistance of family or outside help. The State’s petition was accompanied by a certificate from Dr. Davis, opining that the respondent was mentally ill.

On May 25, 2007, the trial court conducted a hearing on the State’s petition. The respondent’s brother and sister testified as to her behavior and the circumstances that predated her admission to the Elgin Mental Health Center. Dr. Rao, 1 a psychiatrist at the Elgin Mental Health Center, testified that the respondent suffered from a mental illness, that being “bipolar disorder with psychotic features.” Dr. Rao testified that as a result of her mental illness, the respondent was “hyperverbal” and paranoid, had flight of ideas and could be irritable. Dr. Rao explained that when he interviewed the respondent on May 4, 2007, she stated that there was a girl following her and that she was not able to get a job because of her. She also stated that people in her neighborhood were throwing things on her car and had tapped her cable system.

Based upon the respondent’s history of violence toward her sister, Dr. Rao opined that she was reasonably expected to inflict serious physical harm upon herself or someone else in the near future. Dr. Rao acknowledged that he had completed a certificate to this effect. He further opined that the respondent was unable to provide for her basic needs so as to guard herself from serious harm. Based upon her refusal of mental health treatment, Dr. Rao believed that the respondent was not able to seek medical attention. He opined that inpatient hospitalization at Elgin Mental Health Center was the least restrictive environment that was appropriate for the respondent.

Following the hearing, the trial court found that, due to a mental illness, the respondent was reasonably expected to inflict serious physical harm upon herself or another in the future and was not capable of providing for her basic physical needs so as to guard herself from serious physical harm. After the State filed a treatment plan, the trial court ordered that the respondent be involuntarily admitted to the Elgin Mental Health Center for a period not to exceed 90 days. The respondent thereafter filed a timely notice of appeal.

Because the 90-day period of involuntary commitment at issue in this appeal has expired, we begin with the threshold issue of whether the mootness doctrine precludes our review of the merits of this appeal. In re Robert S., 213 Ill. 2d 30, 45 (2004). “An appeal is considered moot where it presents no actual controversy or where the issues involved in the trial court no longer exist because intervening events have rendered it impossible for the reviewing court to grant effectual relief to the complaining party.” In re J.T., 221 Ill. 2d 338, 349-50 (2006). Generally, courts of review do not decide moot questions, render advisory opinions, or consider issues where the result will not be affected regardless of how those issues are decided. In re Barbara H., 183 Ill. 2d 482, 491 (1998). Reviewing courts, however, recognize exceptions to the mootness doctrine, such as (1) the public-interest exception, applicable where the case presents a question of public importance that will likely recur and whose answer will guide public officers in the performance of their duties, (2) the capable-of-repetition exception, applicable to cases involving events of short duration that are capable of repetition, yet evading review, and (3) the collateral-consequences exception, applicable where the order could return to plague the respondent in some future proceedings or could affect other aspects of the respondent’s life. In re Alfred H.H., 233 Ill. 2d 345, 355-62 (2009); In re Val Q., 396 Ill. App. 3d 155, 159 (2009).

In Alfred H.H., the supreme court determined that the respondent’s appeal should be dismissed as moot because none of the exceptions to the mootness doctrine applied. Alfred H.H., 233 Ill. 2d at 364. However, Alfred H.H. is distinguishable from the case at bar because two of the mootness exceptions apply here. First, this being the respondent’s first involuntary admission order, there are collateral consequences that may plague the respondent in the future. Compare In re Meek, 131 Ill. App. 3d 742, 745 (1985) (as the case appeared to be the respondent’s first involuntary commitment, court found that the collateral-consequences exception applied), with Alfred H.H., 233 Ill. 2d at 362-63 (because the respondent had multiple prior involuntary commitments and was a felon, there were no collateral consequences that would stem solely from the present adjudication; every collateral consequence that could be identified already existed as a result of the respondent’s previous adjudications and felony conviction). The evidence indicates that the respondent has a mental illness and is a danger to both herself and others. Thus, it appears that the respondent will very likely be subject to future proceedings and that her past involuntary admission could adversely affect her at that time. See Alfred H.H., 233 Ill. 2d at 362 (collateral-consequences exception applies where reversal could provide a basis for a motion in limine that would prohibit any mention of the hospitalization during the course of another proceeding). Accordingly, the collateral-consequences exception applies.

This case also falls within the capable-of-repetition exception. This exception has two requirements. “First, the challenged action must be of a duration too short to be fully litigated prior to its cessation.” Alfred H.H., 233 Ill. 2d at 358. “Second, there must be a reasonable expectation that *** ‘the same complaining party would be subjected to the same action again.’ ” Alfred H.H., 233 Ill. 2d at 358, quoting Barbara H., 183 Ill. 2d at 491.

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Bluebook (online)
929 N.E.2d 1136, 401 Ill. App. 3d 271, 341 Ill. Dec. 57, 2010 Ill. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gloria-c-illappct-2010.