People v. Long

599 N.E.2d 90, 233 Ill. App. 3d 334, 174 Ill. Dec. 544, 1992 Ill. App. LEXIS 1351
CourtAppellate Court of Illinois
DecidedAugust 27, 1992
Docket2-91-0215
StatusPublished
Cited by9 cases

This text of 599 N.E.2d 90 (People v. Long) 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. Long, 599 N.E.2d 90, 233 Ill. App. 3d 334, 174 Ill. Dec. 544, 1992 Ill. App. LEXIS 1351 (Ill. Ct. App. 1992).

Opinion

JUSTICE DUNN

delivered the opinion of the court:

Respondent, Jacquelyn Long, appeals from an order of the circuit court of Kane County which found that she was subject to involuntary admission to a mental health facility. On appeal, she contends that the trial court lacked subject-matter jurisdiction because of noncompliance with certain provisions of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1991, ch. 911/2, par. 1—100 et seq.). Respondent also argues that, even if the court had subject-matter jurisdiction, (1) the State’s failure to comply with the Code requires that the judgment be reversed, and (2) the evidence at trial was insufficient to support the finding that she was subject to involuntary admission.

On November 29, 1990, the circuit court of Cook County determined that respondent was subject to involuntary admission and ordered that she be hospitalized at a facility operated by the Department of Mental Health and Developmental Disabilities (Department). This was the initial hospitalization order for respondent. At the time, the maximum duration of initial orders for hospitalization was 60 days (Ill. Rev. Stat. 1989, ch. 911/2, par. 3—813(a)). Thus, the initial order authorized respondent’s hospitalization until January 27, 1991.

Respondent was originally admitted to a facility in Chicago. After about a month, the Department transferred her to the Elgin Mental Health Center. On February 7, 1991, the Department filed a petition which it characterized as a petition for the emergency admission of respondent pursuant to section 3—600 of the Code (Ill. Rev. Stat. 1991, ch. 911/2, par. 3—600). The petition was accompanied by two certificates dated February 6, 1991, and signed by psychiatrists. The certificates stated that the psychiatrists had examined respondent that day and believed that she was mentally ill and, as a result of her illness, was unable to provide for her basic physical needs so as to guard against serious harm to herself. A hearing was set on the petition for February 8, 1991. On February 7, 1991, officials of the Elgin Mental Health Center filled out papers discharging respondent, but respondent did not leave the Center. The discharge papers referred to the fact that a petition for readmission had been filed.

At the February 8, 1991, hearing, respondent’s attorney made an oral motion to dismiss the petition on the basis that it was not timely. The attorney argued that, under section 3—813(a) of the Code (Ill. Rev. Stat. 1991, ch. 911/2, par. 3—813(a)), petitions for continued hospitalization must be filed before the expiration of the initial order for hospitalization, or if this was a petition for emergency admission, the patient would have to have been discharged. The State argued that the petition was a valid initial petition for emergency admission. The trial judge denied the motion to dismiss.

The evidence at the hearing included testimony from a psychiatrist that respondent suffers from a bipolar disorder, a type of mental illness that is characterized by extreme changes of mood. As a result, she would sometimes become highly agitated and would sometimes be depressed. She had lost 33 pounds within a few months, would often refuse to eat, and would refuse to take certain medication. Her weight loss was due to her failure to accept medication. The medication acted as a tranquilizer to quiet respondent during periods of agitation. Otherwise, during such periods she would expend great energy thereby contributing to her weight loss problem. The psychiatrist believed that respondent was unable to take care of herself. He further testified that respondent often, as she did at the hearing, carried a cup of orange peels and she refused meals, saying that she had her own food. Respondent’s caseworker, Christina Moore, also testified about incidents involving respondent’s unusual behavior. One such incident involved respondent calling Governor Thompson’s office and informing them that she was the Governor’s wife’s sponsor for Alcoholics Anonymous.

The trial judge found that respondent was subject to involuntary admission and ordered that she be hospitalized. Respondent now appeals from that order.

Respondent first argues that the circuit court lacked subject-matter jurisdiction because the Department and the court failed to comply with the Code in the following respects: (1) although the Department gave written notice of the hearing to respondent, the notice was not given pursuant to valid court direction; (2) the Department failed to file a petition to continue her hospitalization prior to the expiration of her initial period of hospitalization, and it did not discharge her; (3) the judgment order does not reflect that the trial court ordered the least restrictive appropriate disposition; and (4) the judgment order does not specify the period of involuntary hospitalization.

As respondent points out, when a court’s power to act is controlled by statute, the court is governed by the rules of limited jurisdiction, which means that the court’s power is limited by the language of the statute. (DeKing v. Urban Investment & Development Co. (1987), 155 Ill. App. 3d 594, 596-97.) Subject-matter jurisdiction is the power of a particular court to hear the general type of case that is before it. (In re Devine (1991), 214 Ill. App. 3d 1, 3.) Section 3—100 of the Code provides that circuit courts have jurisdiction over persons not charged with a felony who are subject to involuntary admission to a mental health facility. (Ill. Rev. Stat. 1991, ch. 911/2, par. 3—100.) Under this statute, circuit courts are empowered to hear involuntary commitment cases, and this power is not affected by alleged deficiencies in the notice of the hearing given to respondent or the judgment order. (Devine, 214 Ill. App. 3d at 4.) Furthermore, subject-matter jurisdiction is not dependent on the sufficiency of the pleadings or the correctness of the trial court’s decision. (Devine, 214 Ill. App. 3d at 3, citing People ex rel. Scott v. Janson (1974), 57 Ill. 2d 451, 459.) We therefore hold that the challenges raised by respondent do not affect the subject-matter jurisdiction of the court.

Respondent next contends that, even if the circuit court had subject-matter jurisdiction, its judgment must be reversed because of the aforementioned failures to comply with the requirements of the Code. The first alleged error is that notice was not given pursuant to valid court direction. The notice in this case was signed by someone from the medical records department of the Elgin Mental Health Center and was served on respondent on February 7, 1991.

Section 3—611 of the Code provides in part that, “The court shall direct that notice of the time and place of the hearing be served upon the respondent.” (Ill. Rev. Stat. 1991, ch. 911/2, par. 3—611.) Respondent contends that the notice was not court directed and, alternatively, even if it was court directed through a general order entered by the chief judge giving the facility authority to give notice, that general order was invalid. This issue has been raised and rejected by this court previously. (In re Devine (1991), 214 Ill. App. 3d 1, 5-6.) In that case, as here, respondent appeared at the hearing represented by counsel and specifically denied that notice and service were at issue. Also as in that case, respondent here does not make a claim of specific prejudice due to the alleged error.

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Bluebook (online)
599 N.E.2d 90, 233 Ill. App. 3d 334, 174 Ill. Dec. 544, 1992 Ill. App. LEXIS 1351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-long-illappct-1992.