People v. Hannah E.

877 N.E.2d 63, 376 Ill. App. 3d 648, 315 Ill. Dec. 576, 2007 Ill. App. LEXIS 1048, 2007 WL 2820974
Appellate Court of Illinois·Decided September 28, 2007·No. 1-06-1956·Published·Cited by 12 cases

Opinions

PRESIDING JUSTICE FITZGERALD SMITH

delivered the opinion of the court:

Respondent-appellant Hannah E. (respondent) appeals the trial court’s grant of petitioner-appellee People of the State of Illinois’s (State) petition for involuntary admission. Respondent contends that her hearing was not conducted in a timely manner, the certificate supporting the petition was invalid, the State did not prove harm by clear and convincing evidence, and the trial court erroneously failed to consider and use a least restrictive alternative disposition to commitment. Respondent asks that we reverse the trial court’s order. For the following reasons, we affirm.

BACKGROUND

The underlying facts regarding this cause have been set forth adequately in the related case of In re Hannah E., 372 Ill. App. 3d 251 (2007), dealing with the first of three commitment orders involving respondent. We restate herein only what is necessary for the disposition of the instant cause.

An involuntary commitment order for respondent was issued on January 6, 2006, based upon a petition filed by the State and supported by a certificate from Mae Wormely, an employee of the City of Chicago’s department of animal care and control, and a certificate from respondent’s psychiatrist. Testimony at the ensuing hearing indicated that respondent, who had been keeping a multitude of living and deceased domesticated and nondomesticated animals in her Chicago home, had threatened Wormely after Wormely had entered her home to remove the animals; that she had threatened Rita Sattler, an aide to respondent’s alderman, following court cases resulting in the removal of respondent from her home due to building code violations and its deplorable condition; and that she, upon her arrival at Chicago Read Mental Health Center (Chicago Read), suffered from mental illness. See Hannah E., 372 Ill. App. 3d at 253-55. While in the care of doctors, respondent told them she owned three guns which she insisted she kept in the suburbs and not within city limits; however, upon investigation, two guns were found in respondent’s Chicago home and the third was never recovered. See Hannah E., 372 Ill. App. 3d at 253-56. Further investigation revealed ammunition, holsters, handcuffs and mace in respondent’s home as well. Respondent appealed her involuntary commitment, but we affirmed. See Hannah E., 372 Ill. App. 3d at 259-60.

When respondent’s involuntary commitment expired on April 6, 2006, a second involuntary commitment petition was filed. This was later dismissed because respondent signed an application for voluntary admission, and she remained at Chicago Read. Following the expiration of this second order, respondent did not renew her voluntary admission and instead wanted to be released from Chicago Read. Adrienne Mazique, respondent’s social worker, filed a third petition for involuntary commitment on behalf of the State, which is the basis of the current appeal. In the petition, Mazique stated that respondent was mentally ill and expected to inflict harm to herself or others. A hearing was held on this petition in June and July 2006.

In addition to Wormely and Mazique, David Zempich, a technician at Chicago Read, testified that on April 11, 2006, he saw respondent leave her room and approach the nurses’ desk yelling that she had not received her medication. After the charge nurse explained to respondent that all medications had been dispensed, security was called to perform a room check. Zempich testified that he, the nurse and a security guard entered respondent’s room and he asked respondent if she would cooperate with the room search; respondent ignored Zempich, and the nurse then ordered Zempich to search respondent. When Zempich attempted to remove a pen from respondent’s hand so he could search her, she tried to bite his wrist. Zempich pulled away, but respondent grabbed Zempich’s hand and scratched him three or four times, leaving scars.

Several doctors also testified at the hearing. Dr. Charles Stiava, respondent’s treating psychologist at Chicago Read from January to May 2006, conducted several psychological tests and, in a report dated February 9, 2006, found that respondent suffered from major depression and had pronounced rebelliousness and belligerence consistent with a diagnosis of paranoid personality disorder. Though he did not indicate in the report that respondent had a desire to hurt herself or others, Dr. Stiava noted that her paranoid personality disorder could possibly lead to violence, particularly because respondent’s third gun was still missing and because she had lied about the location of the guns that already had been found. Dr. Stiava also concluded that if respondent left Chicago Read and returned home, where she was not allowed to go pursuant to court order, and if she were confronted there or told to leave, she could be a danger.

Dr. Evelyn Morales, respondent’s psychiatrist from February to May 2006, was one of two doctors who filed a supporting certificate to Mazique’s petition for respondent’s involuntary commitment. Dr. Morales based her certificate on her observations of respondent, her examination of respondent’s medical charts, and conversations she had with respondent’s other physicians. Dr. Morales testified that she examined respondent and found her to be mentally ill and reasonably expected to inflict serious physical harm to herself or others in the near future. She based this on respondent’s threat to Wormely and on respondent’s behavior during the period in which Dr. Morales treated her.

Dr. Flora Baetiong, respondent’s current attending psychiatrist as of May 2006 and the second doctor who filed a supporting certificate to Mazique’s petition for involuntary commitment, testified that she first diagnosed respondent with major depression and paranoid personality disorder and it was her opinion that respondent still suffered from these. She based this on respondent’s previous medical records, her medical history, and Dr. Baetiong’s direct observations and conversations with respondent. Dr. Baetiong testified that respondent was currently refusing medication, was very upset and depressed that she had been ordered to vacate her home, and believed that the City of Chicago was out to ruin her life. Considering respondent’s previous threat to Wormely and the fact that the third gun was still missing, Dr. Baetiong stated that she was concerned about discharging respondent from Chicago Read because there was a reasonable probability that respondent would harm others. Dr. Baetiong further testified that it was her recommendation that respondent remain hospitalized, as less restrictive alternatives were considered and presented to respondent (including going to live with a friend in the suburbs) but respondent refused them and wanted only a complete discharge so she could return to her own home.

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People v. Hannah E., 877 N.E.2d 63, 376 Ill. App. 3d 648, 315 Ill. Dec. 576, 2007 Ill. App. LEXIS 1048, 2007 WL 2820974 (Ill. Ct. App. 2007).

877 N.E.2d 63 (People v. Hannah E.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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