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04/02/87 In Re Victor Shaw

April 2, 1987

IN RE VICTOR SHAW, ASSERTED TO BE A PERSON SUBJECT TO


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Involuntary Admission (The People of the State of

Illinois, Petitioner-Appellee, v.

Victor Shaw, Respondent-Appellant)

506 N.E.2d 456, 153 Ill. App. 3d 939, 106 Ill. Dec. 749 1987.IL.434

Appeal from the Circuit Court of Macon County; the Hon. James A. Hendrian, Judge, presiding.

APPELLATE Judges:

Justice Lund delivered the opinion of the court. Spitz, P.J., and McCullough, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

On July 9, 1986, the respondent, Victor Shaw, voluntarily admitted himself to the Adolph Meyer Zone Center (Adolph Meyer) in Decatur, Illinois. On July 25, 1986, he signed a written request for discharge. In response, Adolph Meyer filed a petition, accompanied by two certificates, for the involuntary admission of the respondent. Because that petition was not filed until August 1, 1986, or beyond the five-day limit imposed by section 3-403 of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 3-403), the circuit court of Macon County by docket entry dated August 4 ordered the petition stricken and the respondent discharged.

Respondent, however, was not discharged. In fact, on August 4, while still a resident at Adolph Meyer, respondent signed a second request for discharge. A second petition and certificates were filed in the circuit court, although the record is imprecise concerning whether the actual filing took place on August 4 or August 5. That petition essentially alleged hospitalization was necessary to protect the respondent and others from physical harm. A hearing was set for August 13, 1986, by court order entered August 8, 1986; the respondent was personally served with notice of the hearing on August 11. At the Conclusion of the August 13 hearing, the court found the allegations of the petition had been proved by clear and convincing evidence, and further found the respondent a person subject to involuntary admission under the Code (Ill. Rev. Stat. 1985, ch. 91 1/2, par. 3-100 et seq.).

Respondent argues on appeal that he was entitled to immediate discharge as of August 1 when the mandatory requirement of timely filing under section 3 -- 403 was not complied with following the initial July 25 request. He further avers that meeting the statutory time limit under section 3 -- 403 upon the second petition is of no consequence, maintaining, in essence, that any proceedings subsequent to the court order of August 4 are void and without effect. We are therefore asked to consider the propriety of an involuntary admission ordered upon a second petition where a second request for discharge was made, and where an initial petition was dismissed due to untimeliness.

Initially, though, we must decide the respondent's motion to supplement the record, filed after his notice of appeal. That motion seeks to add documents from the circuit court file demonstrating the proceedings under the initial request, including the petition later ordered stricken by the court. Specifically, those documents consist of: (1) the record or docket sheet; (2) the original petition for involuntary admission, filed August 1, alleging why respondent was in continuing need of hospitalization; (3) the two certificates accompanying that petition; (4) a comprehensive examination and social investigation of the respondent; and (5) the circuit clerk's certificate of copy, along with Judge's verification, certifying the foregoing documents to be true, correct and complete copies.

Petitioner opposes the motion on the ground that respondent is only appealing from the August 13, 1986, order subjecting him to involuntary admission, and respondent has not demonstrated how the prior proceedings are in any way related to the instant cause. Petitioner also complains that the record of the prior proceedings was not certified as required by supreme court rule (103 Ill. 2d R. 324).

We note that the transcript of the August 13 hearing contains comments of the Judge alluding to the initial proceeding, and the fact the second petition was filed almost immediately after the first petition was not accepted. Other comments in the transcript make explicit reference to the unsuccessful initial petition. We also note the supplement to the record was certified by the circuit clerk and verified by the trial Judge, thereby adding to its authority. As a practical matter, the supplement to the record aids in ...


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