People v. Robinson

573 N.E.2d 237, 214 Ill. App. 3d 165, 157 Ill. Dec. 819, 1991 Ill. App. LEXIS 875
CourtAppellate Court of Illinois
DecidedMay 24, 1991
DocketNo. 2—90—0482
StatusPublished
Cited by1 cases

This text of 573 N.E.2d 237 (People v. Robinson) 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. Robinson, 573 N.E.2d 237, 214 Ill. App. 3d 165, 157 Ill. Dec. 819, 1991 Ill. App. LEXIS 875 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE REINHARD

delivered the opinion of the court:

Following a hearing in the circuit court of Kane County, respondent, Phillip Robinson, was declared to be a person subject to involuntary admission to a mental health facility pursuant to the Mental Health and Development Disabilities Code (Code) (Ill. Rev. Stat. 1989, ch. 91½, pars. 1—100 through 6—107).

Respondent appeals and raises the following issues: (1) whether respondent was served with notice of the hearing as required by statute pursuant to valid court direction; (2) whether, contrary to the statutory requirement, the facility director did not prepare and the trial court did not consider a dispositional report; (3) whether, contrary to the statutory requirement, the trial court failed to specify the least restrictive, determinative period of respondent’s involuntary hospitalization; and (4) whether there was clear and convincing evidence that respondent was a person subject to involuntary admission.

On April 6, 1990, respondent was involuntarily admitted to the Elgin Mental Health Center. On that day, a doctor completed a certificate for respondent’s admission. A second certificate was completed and filed later that day. On May 6, 1990, a medical records assistant, Phyllis Malone, filed an affidavit of proof of service of a notice of a hearing which was served on J. Mackeben, R.N. On the same day, Phyllis Malone served a notice of hearing on Phillip Robinson and J. Mackeben, R.N. The notice of hearing stated that the hearing was to be held on April 12, 1990. The hearing was set pursuant to the procedures provided in section 3 of Kane County general order 90 — 1. At 1:02 p.m. on April 6, 1990, the petition, certificate, affidavits, notices of hearing and rights of recipients were filed in the circuit court of Kane County. The second certificate was filed on April 9, 1990.

On April 12, 1990, the Kane County circuit court held a hearing on the petition to involuntarily admit respondent. The trial judge prefaced the hearing by noting that “[t]he ordering of service, the setting of the matter for hearing, and the appointment of the Public Defender [were] done pursuant to Kane County Administrative Order 90 — 1.” Section 6 of general order 90 — 1 states the following:

“Section 6. Pursuant to Chapter 91½ sections: 3—509, 3—611, 3—901, 4—307 and 4—407 it is hereby ordered that the Department of Mental Health and Developmental Disabilities through the Facility Director at the facility where the respondent is residing shall be responsible for insuring that notice is sent as required under the relevant statutes (to those persons entitled to notice) and shall provide actual notice until such time as pursuant to §3—201 a form is developed with permits sufficiently reasonable generation of the notice with the Circuit Clerk.”

The court then asked the public defender the following questions, and she gave the following answers:

“Q. Ms. Soule, is there any issue here as to the validity of the service?
A. No, Judge.
Q. Is there any issue as to the timeliness of this hearing?
A. No.
Q. Have you had an adequate opportunity to prepare?
A. Yes.”

The only witness to testify for the State was Dr. Teresita Arcinas. The parties stipulated to her qualifications as an expert in the field of psychiatry. Dr. Arcinas’ opinion was that respondent was suffering from mental illness, specifically, an adjustment disorder with disturbance of conduct and emotion. She defined “adjustment disorders” as a maladaptive reaction to psychosocial “stressors” which in this case were family, business and alcohol problems. Respondent’s symptoms included irritability, impulsivity, threats and mild depression. Dr. Arcinas also stated that respondent told her that, when he becomes angry, he verbally threatens the family, leaves, and then becomes intoxicated. He told her that he thought about suicide and ran into a busy street prior to his admission. She also said that respondent had been in two fights recently and had bruises and contusions on his head. She also testified that respondent had repeatedly threatened his wife who, being afraid of him, obtained a restraining order for protection. Dr. Arcinas opined that she reasonably expected respondent to inflict serious physical harm upon himself or another in the near future. Although no treatment plan was filed with the court, Dr. Arcinas stated there was a written plan “spelling out our goals.” She outlined a treatment plan in which she would, first, get respondent and his wife together to talk about their problems and, second, treat respondent for his alcohol problem. She thought it would take three weeks to attain the goals in the treatment plan.

On cross-examination, Dr. Arcinas admitted that respondent denied that he attempted to commit suicide and stated that, to her knowledge, he has never attempted to commit suicide. She was also unaware of any criminal charges against respondent. Respondent physically abused his wife a year before and continues to verbally threaten his wife, who is afraid of him. According to Dr. Arcinas, respondent had not done anything physical to anybody in respondent’s unit at the Elgin Mental Health Center and was capable of taking care of himself. She also admitted that any injuries respondent may have received in the fight were not major and that respondent was only involved in one fight.

John Robinson, respondent’s brother, testified that both he and his father were willing to help respondent, that his family wants him home, and that respondent would be living with their father. Robinson also stated that respondent had never been violent towards him.

Respondent testified that he planned to start counseling at the McHenry Family Mental Health Center and to move in with his father. He recognized that he had a drinking problem, but he wanted to “get away from this problem.” Respondent stated that he was not suicidal and had never attempted to commit suicide. According to respondent, he planned to go to Alcoholics Anonymous meetings, make appointments at the Mental Health Center, and work things out with the family. Respondent called his wife every day, and she was willing to attend counseling with him. There were no criminal charges pending against him. Respondent stated that prior to his recent drinking problem he had gone seven years without drinking and could “go the rest of [his] life after this experience.”

On cross-examination, respondent said he never told Dr. Arcinas that he walked in front of trucks. He also said he went to a bar after leaving the Elgin Mental Health Center because he felt drugged.

The trial court found that respondent suffered from a mental illness and could be expected to inflict serious physical harm on himself or another. The court further noted that it considered the testimony of the treatment plan and found the Department of Mental Health to be the least restrictive environment for respondent.

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Related

People v. Robinson
601 N.E.2d 712 (Illinois Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
573 N.E.2d 237, 214 Ill. App. 3d 165, 157 Ill. Dec. 819, 1991 Ill. App. LEXIS 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robinson-illappct-1991.