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In Re King

OPINION FILED OCTOBER 28, 1986.

IN RE OTIS SONNY KING (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

OTIS SONNY KING, RESPONDENT-APPELLANT).



Appeal from the Circuit Court of Sangamon County; the Hon. Philip Schickendanz, Judge, presiding.

JUSTICE WEBBER DELIVERED THE OPINION OF THE COURT:

The respondent, Otis Sonny King, who was born in 1937, has been a resident of various mental-health institutions since early adulthood. On October 15, 1985, he was found to be a person subject to involuntary admission and ordered hospitalized in the Department of Mental Health and Developmental Disabilities (Department). Apparently as a result of the approaching expiration of the 180-day period for which the above order was valid (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 3-813), a petition for the involuntary commitment of respondent for an additional period of time was filed in the circuit court on April 4, 1986. This petition was accompanied by the requisite two certificates of psychiatrists (Ill. Rev. Stat. 1985, ch. 91 1/2, pars. 3-702, 3-703) which state that respondent is a person who is mentally ill and therefore is reasonably expected to inflict serious harm on himself or another in the near future and is unable to provide for his basic physical needs so as to guard himself from serious harm. The first certificate also states that respondent is in need of immediate hospitalization "for his protection and safety," and the second states that respondent is subject to involuntary admission and in need of immediate hospitalization.

Also filed on April 4, 1986, was a notice that a hearing concerning respondent was to be held at 9 a.m. on the same date. This notice lists respondent's name in the caption portion thereof and also indicates the name and address of the attorney who represented respondent in the circuit court. It is not, however, dated or signed by the clerk of the court in the blanks provided for the date and the clerk's signature. Also, none of the blanks in the portion of the notice paper headed "Return" are completed. However, at the very bottom of the sheet there appears the following statement:

"(For use if service by someone other than the sheriff or his deputy)

[signed] Debbie/Patterson RRA [typed] Debbie/Patterson, RRA, on oath, (name) states that he served this notice upon the above-named person(s) by delivering a true copy thereof to each of them. Signed and sworn to before me April 3rd , 1986 (date)

[Seal] [signed] Maribeth Eandi Notary Public"

Except for the signature at the beginning thereof, this statement is not otherwise signed by Patterson.

Following a hearing held on April 4, 1986, the circuit court found that respondent is a person subject to involuntary admission. On this basis, the court ordered that respondent be hospitalized in the Department and continued in treatment in accordance with the court's original order.

Section 3-702(b) of the Mental Health and Developmental Disabilities Code (Code) provides in pertinent part:

"If the petition [for involuntary admission] is accompanied by 2 certificates executed pursuant to Section 3-703 and the court finds the documents are in order, it shall set the matter for hearing." (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 3-702(b).)

Section 3-706 of the Code provides in pertinent part:

"The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after its receipt of the second certificate or after the respondent is admitted to a mental health facility, whichever is earlier. The court shall direct that notice of the time and place of hearing be served upon the respondent, his attorney, and guardian, if any, his responsible relatives, and the facility director of the facility. * * *" (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 3-706.)

Supreme Court Rule 11 provides in part:

"Manner of Serving Papers Other Than Process and Complaint on Parties Not in Default in the ...


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