People v. Robin C.

918 N.E.2d 1284, 395 Ill. App. 3d 958, 335 Ill. Dec. 471, 2009 Ill. App. LEXIS 1136
CourtAppellate Court of Illinois
DecidedNovember 20, 2009
Docket3-08-0690
StatusPublished
Cited by16 cases

This text of 918 N.E.2d 1284 (People v. Robin 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. Robin C., 918 N.E.2d 1284, 395 Ill. App. 3d 958, 335 Ill. Dec. 471, 2009 Ill. App. LEXIS 1136 (Ill. Ct. App. 2009).

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Respondent Robin C. appeals from judgments entered by the trial court involuntarily committing her to a mental health facility and authorizing the facility’s staff to administer psychotropic medication to her against her will. On appeal, she argues that the trial court’s order should be reversed because the State failed to (1) file a complete dispositional report as required by section 3 — 810 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3 — 810 (West 2006)), (2) demonstrate that involuntary commitment was the least restrictive environment and (3) establish that she lacked the capacity to make a reasoned decision to take or refuse medication. Respondent also maintains that the statutes under which she was committed are unconstitutional. We reverse.

On July 26, 2008, officers delivered respondent to Memorial Medical Center in Springfield following an incident at her aunt’s house. A social worker completed a petition for involuntary admission. The petition alleged that respondent knocked on her aunt’s door and pushed her way into the house, threatening to slap her mother. Respondent was transported to Peoria Methodist Medical Center with the petition that same day.

At Methodist Medical Center, Dr. Simone Turner personally examined respondent and attached a certificate to the petition stating that she was a person with a mental illness who was “reasonably expected to engage in dangerous conduct which may include threatening behavior or conduct that places that person or another individual in reasonable expectation of harm.” On July 27, 2008, psychiatrist Thena Poteat completed a second certificate, stating that she had also examined respondent and believed that respondent suffered from a mental illness. Dr. Poteat asserted that because of her illness, respondent was “reasonably expected to inflict serious physical harm on [herself] or another in the near future.” In conjunction with the petition for commitment, Dr. Poteat filed a petition for authority to administer involuntary medication.

Separate hearings were conducted on July 30, 2008. Dr. Poteat was the only witness to testify. At the commitment hearing, Dr. Poteat stated that she had been treating respondent since her arrival at Methodist Medical Center on July 26. She had examined respondent three or four times and believed that she suffered from schizophrenia. She first interviewed respondent on July 27, 2008. During that session, respondent asked to sign a voluntary application for commitment. Dr. Poteat refused to allow her to sign the application because respondent admitted that she would “turn right around and sign a request for discharge.” Respondent then got up and started to leave the room. As she approached the door, she quickly turned around and “got very close” to Dr. Poteat. She asked Poteat what hospital she was in and where the hospital was located. Dr. Poteat testified that respondent’s conduct was “intimidating and threatening,” and she was afraid respondent might do something violent.

Respondent also refused to sign a release for her records from Memorial Hospital in Springfield. However, the hospital did forward her records in the interest of her care. Based on information she obtained from the commitment petition and the medical records, Dr. Poteat testified that respondent had a history of severe psychotic illness, which included making violent threats. On July 26, she was taken to Springfield Memorial Hospital after she pushed her way into her aunt’s house and threatened to slap her mother. The previous day, she was walking down the yellow line in the street. Springfield police officers had to remove her from the middle of traffic. Past records also reported allegations of frightening children and teachers at a school in 2006 and threatening people at a public library in 2007.

In Dr. Poteat’s opinion, respondent was suffering from schizophrenia, paranoid type and did not recognize the need for treatment. When respondent first arrived at the hospital, she refused oral medication. The staff was required to give her injections for safety reasons. Dr. Poteat believed that respondent needed medication. At the time of the hearing, respondent was voluntarily taking psychotropic medication. However, Dr. Poteat believed respondent agreed to take the medication not because she recognized the need for treatment but because she thought it would help her efforts to seek discharge. Dr. Poteat wanted to change respondent’s medications, but respondent would not discuss the matter with her.

When asked about respondent’s treatment, Dr. Poteat testified “I would like to have her be able to go back to McFarland Hospital where they have a history of working with her and the staff there know[s] her. She’s been hospitalized there in the past and potentially could be there for a longer — could potentially be treated there.” Based on her examination of respondent, Dr. Poteat believed that respondent’s condition had not improved sufficiently to allow her release into any placement less restrictive than a mental health hospital.

On cross-examination, Dr. Poteat stated that most of her information about respondent had been from medical records because respondent had not been receptive to her efforts to engage in conversation. Respondent was 45 years old at the time of the hearing. Dr. Poteat had no idea how long she had been suffering from her mental illness. Respondent’s records revealed that she had previously functioned at a high level, serving in the military and receiving an associate’s degree. Dr. Poteat was unsure how severe respondent’s current episode was compared to previous hospitalizations.

The trial court concluded that the State proved by clear and convincing evidence the elements necessary to support its petition. The court found Robin C. subject to involuntary admission and ordered her hospitalized in a Department of Human Services facility for 90 days. See 405 ILCS 5/3 — 813 (West 2006).

Immediately following the commitment hearing, the trial court conducted an involuntary medication hearing. Dr. Poteat stated that respondent had engaged in threatening and disruptive behavior and that some of the threatening behavior had been directed toward her. Respondent suffered from schizophrenia, paranoid type, and had been repeatedly hospitalized since 2005.

As an outpatient, respondent refused to stay on her medications. Respondent had taken Risperadal in the past with some success. She was less aggressive during her current hospitalization when she was given Zyprexa. Dr. Poteat listed several medications on the petition, including Zyprexa, Risperadal, Risperadal Contra, Haldol, Haldol Deconate, and Cogentin. She listed all six so that she could change respondent’s prescription if one of the medications had an unwanted side effect. Dr. Poteat testified that respondent exhibited a deterioration in her ability to function and lacked the capacity to make informed decisions about her medication. In Dr. Poteat’s opinion, respondent lacked the capacity to consent to psychotropic medication “due to her lack of insight.”

The trial court granted the petition for involuntary medication and approved the listed medications to be administered by Dr.

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Bluebook (online)
918 N.E.2d 1284, 395 Ill. App. 3d 958, 335 Ill. Dec. 471, 2009 Ill. App. LEXIS 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robin-c-illappct-2009.