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05/03/88 In Re Lloyd Plank

May 3, 1988

IN RE LLOYD PLANK, A PERSON SUBJECT TO INVOLUNTARY


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Admission (The People of the State of Illinois,

Petitioner-Appellee, v.

Lloyd Plank, Respondent-Appellant)

523 N.E.2d 614, 169 Ill. App. 3d 411, 119 Ill. Dec. 858 1988.IL.659

Appeal from the Circuit Court of Sangamon County; the Hon. Sue Myerscough, Judge, presiding.

APPELLATE Judges:

JUSTICE KNECHT delivered the opinion of the court. GREEN, P.J., and LUND, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT

On June 5, 1987, respondent Lloyd Plank was found to be a person subject to involuntary admission and was ordered hospitalized in the Department of Mental Health and Developmental Disabilities. Prior to the expiration of the initial order, a second petition for involuntary admission was filed on July 24, 1987. A hearing on August 7, 1987, again found respondent to be a person subject to involuntary admission and he was ordered hospitalized. Respondent appeals from that order, asserting (1) the statutory requirement that proper notice be served upon respondent and his attorney as directed by the court at the time the matter is set for hearing was not met, and (2) the statutory requirement that the facility director must file with the court a current treatment plan for respondent was also not met. We agree and reverse.

On June 5, 1987, the court found respondent to be a person subject to involuntary admission and ordered him hospitalized in the Department of Mental Health and Developmental Disabilities. A master treatment plan dated June 3 was filed on July 17. It contained weekly updates of the respondent's progress ending July 9. Also filed was a master treatment plan review dated June 25.

A second petition for involuntary admission and two new certificates of examination were filed on July 24, 1987. On the same date, service of the second petition was made to respondent's inpatient residence. A certificate showing proof of service was also filed on July 24. On July 27, the court set a hearing for July 31, appointed counsel for respondent, and directed the clerk to send copies of the notice, petition, and certificates to the respondent at McFarland Mental Health Center, the medical records department, and the respondent's nephew. On July 31, the court ordered the respondent's treatment be continued in accordance with the original order and reset the matter for a hearing on August 7.

On August 7, 1987, a hearing was held with the respondent present, and he was found to be a person subject to involuntary admission and ordered hospitalized in the Department of Mental Health and Developmental Disabilities.

In mental health cases, liberty interests are at stake and the relevant statutory provisions must be strictly complied with. (In re Satterlee (1986), 148 Ill. App. 3d 84, 87, 499 N.E.2d 101, 103.) Any noncompliance renders the judgment erroneous and of no effect. In re Whittenberg (1986), 143 Ill. App. 3d 836, 838, 493 N.E.2d 662, 663.

After the court sets a hearing to determine if a person is subject to involuntary admission, "[the] court shall direct that notice of the time and place of the hearing be served upon the respondent, his attorney, and guardian, if any, his responsible relatives, and the facility ...


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