People v. Slaughter

625 N.E.2d 832, 253 Ill. App. 3d 718, 192 Ill. Dec. 677, 1993 Ill. App. LEXIS 1794
CourtAppellate Court of Illinois
DecidedDecember 6, 1993
Docket2-92-0321
StatusPublished
Cited by10 cases

This text of 625 N.E.2d 832 (People v. Slaughter) 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. Slaughter, 625 N.E.2d 832, 253 Ill. App. 3d 718, 192 Ill. Dec. 677, 1993 Ill. App. LEXIS 1794 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

Respondent, Maria Slaughter, appeals a circuit court order committing her to the Department of Mental Health and Developmental Disabilities (see 405 ILCS 5/3 — 600 et seq. (West 1992)). She argues that the order must be reversed because: (1) the trial court abused its discretion when, after the hearing had begun, it granted sua sponte a continuance to enable the State to obtain and file the needed dispositional report (see 405 ILCS 5/3 — 810 (West 1992)); and (2) there was no clear and convincing evidence that respondent was mentally ill. We affirm.

On February 20, 1992, the State filed its petition for involuntary admission, alleging that respondent was mentally ill; that, because of her mental illness, she was reasonably expected to inflict serious physical harm upon herself in the near future; and that she was in need of immediate hospitalization for the prevention of such harm.

On February 21, the circuit court heard evidence on the petition. The State called Dr. Farzana Husain, a psychiatrist at the Elgin Mental Health Center (EMHC). Dr. Husain stated that she had observed respondent and reviewed the chart and records from Mercy Hospital (Mercy), where respondent had been before being transferred to EMHC. Respondent had refused to speak to Dr. Husain, but the doctor testified that this did not prevent her from reaching psychiatric conclusions about respondent. A patient’s history was the most important factor for an evaluation; on rare occasions, Dr. Husain had made evaluations without having interviewed the patient.

Dr. Husain believed, to a reasonable degree of medical certainty, that respondent suffered from a mental illness, i.e., a depressive condition with a risk of suicidal intent, and that respondent could reasonably be expected to inflict harm upon herself in the near future.

Dr. Husain then testified to the factual basis for her conclusions. In accord with Wilson v. Clark (1981), 84 Ill. 2d 186, the trial court accepted this factual testimony not as substantive evidence but only so the State could show what information Dr. Husain used to reach her conclusions. Since 1986, respondent had been hospitalized at Mercy six times; four of those hospitalizations followed suicide attempts. These hospitalizations failed because respondent did not follow up with treatment. Respondent frequently called police or came to the Mercy emergency room stating that she wanted to kill herself. Also, according to a detailed report from a physician who worked in the Mercy emergency room, respondent had repeatedly voiced suicidal ideations. A copy of the emergency physician’s certificate was attached to the State’s petition for involuntary admission. Dr. Husain relied greatly on this certificate in making her diagnosis.

Respondent was guarded and withdrawn and was unable to care for herself. Upon arriving at EMHC, respondent refused to bathe; a nurse had to bathe her. Respondent would not communicate with others, except to say briefly that she did not want to be committed. Because of the danger of suicide, she was on “close observation” every 15 minutes. This was the second highest level of scrutiny; the closest scrutiny, one-on-one observation, was used for patients who had active suicidal plans and were “doing something destructive.”

Dr. Husain acknowledged that a patient rationally could be withdrawn and uncommunicative, as whatever the patient said could be used against her in a commitment proceeding.

Dr. Husain opined that, at the time of the hearing, hospitalization at EMHC was the least restrictive environment in which respondent could be treated. Respondent needed a structured setting and long-term supervised care.

Respondent testified in her own behalf. She knew the year, the day of the week, and that she had been at EMHC for a day. She stated that, upon arriving at EMHC, she had taken a quick shower that the nurse did not find adequate; respondent showered regularly. Because her stomach was upset, respondent had eaten only a banana that day. When she was at Mercy, initially she “didn’t eat”; however, she later regularly ate three meals a day at Mercy. The last time she was not confined, respondent had eaten only one meal a day, but this was because she did not have enough money to eat more frequently.

If she was released from EMHC, respondent would live in her apartment. Admittedly, she did not currently have a job. She was taking her medication regularly.

Respondent acknowledged that, in November 1991, she had been hospitalized after she took too much of her antidepressant medication. However, it was not a suicide attempt, and she called the ambulance that took her to the hospital to treat her for the overdose. At that time, respondent had been feeling badly because she had had a “big fight” with her former husband. Respondent knew she was presently under a suicide watch, but she testified that, although she was depressed and needed counseling, she had no desire or plan to commit suicide.

During argument, respondent’s counsel argued that the court lacked jurisdiction to enter an order in the case because, by the State’s admission, no treatment plan had been filed. The trial judge noted the objection. The court concluded that the State had proved by clear and convincing evidence that respondent was suffering from a mental illness that carried a substantial risk of suicide; thus, she was reasonably expected to inflict harm upon herself in the near future.

The judge stated that EMHC was the least restrictive environment at the time of the hearing. However, the judge stated that the case would be continued for 14 days so that the facility could file a treatment plan and also so that the court could make a final order specifying the period of commitment.

On February 28, 1992, the court entered a written order committing respondent to EMHC. On March 13, 1992, respondent filed her notice of appeal.

Before we proceed to the merits of this appeal, we note that, after the expiration of the commitment period ordered in this case, respondent was voluntarily admitted to the Department of Mental Health. However, here, as generally, we do not apply the mootness doctrine to an appeal from an order of commitment to the Department of Mental Health. See In re Venegas (1991), 218 Ill. App. 3d 423, 424; Yiadom v. Kiley (1990), 204 Ill. App. 3d 418, 424-25.

Respondent argues first that the trial court abused its discretion by ordering, on its own motion and after the hearing had begun, a continuance so that the State could file the required dispositional report (see 405 ILCS 5/3 — 810 (West 1992)). Respondent argues that, under Supreme Court Rule 231 (134 Ill. 2d R. 231), a continuance may be granted after the trial has begun only for particularly grave reasons. The State replies that, under section 3 — 800(b) of the Mental Health and Developmental Disabilities Code (405 ILCS 5/3

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Bluebook (online)
625 N.E.2d 832, 253 Ill. App. 3d 718, 192 Ill. Dec. 677, 1993 Ill. App. LEXIS 1794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-slaughter-illappct-1993.