People v. John N.

871 N.E.2d 130, 374 Ill. App. 3d 481, 312 Ill. Dec. 730, 2007 Ill. App. LEXIS 623
CourtAppellate Court of Illinois
DecidedJune 8, 2007
Docket3-06-0512, 3-06-0513 Cons. Rel
StatusPublished
Cited by2 cases

This text of 871 N.E.2d 130 (People v. John N.) 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. John N., 871 N.E.2d 130, 374 Ill. App. 3d 481, 312 Ill. Dec. 730, 2007 Ill. App. LEXIS 623 (Ill. Ct. App. 2007).

Opinion

PRESIDING JUSTICE LYTTON

delivered the opinion of the court:

The trial court issued orders that the respondent, John N., Jr., was subject to emergency involuntary admission to a mental health facility (405 ILCS 5/3 — 600 (West 2004)) and involuntary administration of psychotropic medication (405 ILCS 5/2 — 107.1 (West 2004)). Later, the court denied the respondent’s petition for discharge (405 ILCS 5/3 — 900 (West 2004)). On appeal, the respondent argues that the court erred by entering these three orders. We affirm the court’s orders concerning involuntary admission and discharge, and reverse the involuntary administration of medication order.

FACTS

Initially, we note that this is the respondent’s fifth appeal to this court concerning separate involuntary admission and involuntary administration of medication orders. In In re John N., No. 3—02— 0354 (2003) (unpublished order under Supreme Court Rule 23), we reversed the trial court’s involuntary administration of medication order on the basis that the order did not clearly define how two alternative medications were to be administered. In In re John N., No. 3—04—0043 (2004) (unpublished order under Supreme Court Rule 23), this court affirmed the trial court’s involuntary admission and involuntaiy administration of medication orders.

In In re John N., 364 Ill. App. 3d 996, 848 N.E.2d 577 (2006), we reversed the trial court’s orders on the basis that the version of a statute in effect at the time the emergency petition was filed required the police officer who brought the respondent to the hospital to sign the petition, which the officer had not done. Recently, in In re John N., No. 3—06—0267 (2007) (unpublished order under Supreme Court Rule 23), this court affirmed the trial court’s involuntary admission order, but reversed its involuntary administration of medication order on the basis that the order failed to designate the persons authorized to administer the involuntary medication (405 ILCS 5/2 — 107.1 (a— 5)(6) (West 2004)).

In the present case, on June 12, 2006, members of the Methodist Medical Center (Methodist) staff in Peoria filed petitions asking the trial court to find the respondent subject to (1) emergency involuntary admission; and (2) involuntary administration of psychotropic medication. The petition for involuntary admission alleged that the respondent was (1) reasonably expected to inflict serious physical harm upon himself or others in the near future (405 ILCS 5/1 — 119(1) (West 2004)); and (2) unable to provide for his basic physical needs (405 ILCS 5/1 — 119(2) (West 2004)). The petition contained handwritten comments that his son had found him wandering the streets. The son reported that the respondent had manic behavior and disorganized speech, and had threatened to harm strangers. The son said the respondent had driven long distances for no apparent reason. The respondent also had threatened members of the hospital staff.

The court held hearings concerning both petitions during a proceeding on June 14, 2006. At this proceeding, the trial court first considered the involuntary admission petition. Dr. Ghassan Bitar testified that the respondent had been admitted to Methodist on June 9, 2006. The respondent previously had been committed to the Singer Mental Health Center (Singer) in Rockford. The doctor did not know how much time elapsed from the time the respondent was released from Singer to the date that he was admitted to Methodist. Bitar said that the respondent had recently traveled to Springfield, where he acted aggressively “in a couple of hotels or motels.” Then, the respondent returned to Peoria and was aggressive toward his family. Because of the respondent’s psychotic and aggressive behavior, his family called the police, who brought the respondent to the Methodist emergency room.

Bitar had observed the respondent every day beginning on the day after the respondent was admitted to the hospital. The doctor stated that the respondent was suffering from schizo-affective disorder. The respondent’s speech was pressured and was sometimes difficult to understand. Bitar said the respondent became irritable “quite easily.” At night, the respondent often would become manic and did not sleep well.

According to Bitar, the respondent experienced delusions, grandiose thoughts, and hallucinations. The respondent claimed to hear the voice of God and believed that he was the son of God and that he was invincible.

The doctor noted that the respondent was refusing to take his prescribed oral psychotropic medications, except for Seroquel to aid sleep, because he believed that he did not need the medications. On a few occasions since the respondent was admitted to Methodist, Bitar had treated the respondent with injections of Haldol to calm him down. The doctor testified that the respondent’s mental illness impaired his ability to function and that he did not have any insight into his mental illness. As a result of his mental illness, the respondent was refusing to take psychotropic medication.

Bitar stated that the respondent would be unable to attend to activities of daily living if he was not taking his medication. The respondent had been prescribed medications for a prostate condition, stress incontinence, hypertension, and neck strain. According to Bitar, the respondent was only taking these medications erratically. The doctor said that the respondent’s mental illness was preventing him from consistently taking the medications for these conditions.

Bitar stated that because of the respondent’s delusions, he was unable to guard himself against the normal dangers of daily living. The doctor also said that the respondent had a history of physical aggression. The hospital staff told Bitar that the respondent had previously broken a television set. The respondent was reasonably expected to inflict serious physical harm to himself or others based on his belligerent behavior and speech.

Bitar said that he had considered less restrictive alternatives for the respondent, such as a nursing home, rather than commitment to a mental health facility. In Bitar’s opinion, less restrictive alternatives were not possible because of the respondent’s erratic behavior caused by his refusal to take medication.

Angie Leary testified that she was a mental health clinician at Methodist. According to Leary, the respondent had been a patient at Methodist for approximately 90 days beginning in November 2005. Since that 90-day period, the respondent had been committed to the Department of Mental Health (DMH) on two occasions. On both occasions, the respondent had been transferred to Singer, but then was discharged within two or three weeks. Each time, within a few days of the respondent being discharged from Singer, he had been readmitted to Methodist.

The trial court found that the respondent was subject to involuntary admission.

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Cite This Page — Counsel Stack

Bluebook (online)
871 N.E.2d 130, 374 Ill. App. 3d 481, 312 Ill. Dec. 730, 2007 Ill. App. LEXIS 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-john-n-illappct-2007.