APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION
529 N.E.2d 756, 175 Ill. App. 3d 163, 124 Ill. Dec. 775 1988.IL.1397
Appeal from the Circuit Court of Cook County; the Hon. Martin F. Brodkin, Judge, presiding.
JUSTICE RIZZI delivered the opinion of the court. WHITE, P.J., and McNAMARA, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE RIZZI
On May 27, 1986, a trial was conducted to determine whether R.C. should remain involuntarily hospitalized in a mental hospital, Chicago Lakeshore Hospital. At trial, R.C.'s parents testified concerning his extensive history of behavioral problems dating back to when R.C. was in the second grade. R.C. was unable to complete his schoolwork and created classroom disturbances to the point where he was eventually placed into a special education classroom. R.C. stayed in special education classrooms from the third through the sixth grade. During this time, R.C. was in constant therapy with various psychologists and psychiatrists. In the sixth grade, R.C.'s behavior improved and he attended both special education classes and regular classes.
While attending both classes, however, R.C.'s behavior began to degenerate. R.C. would not attend classes, would run from his parents, start fires and disrupt his classes. When he was in the seventh grade, R.C. was hospitalized for four months in Sangamaw Children's Mental Hospital. Following his release, R.C. began attending regular school classes. While in the eighth grade, R.C.'s erratic behavior resurfaced. R.C. would fight in school, ask teachers for cigarettes, refuse to attend classes, and run away from his home.
When R.C. was 14, he was examined by a psychiatrist for the Committee for the Handicapped. This psychiatrist informed R.C.'s parents that if he was not placed residentially or long term, he would "be either dead or in jail" by the age of 18.
R.C.'s parents initiated a person in need of supervision petition after R.C. was convicted as a juvenile for breaking into cars. R.C. was examined by the New York Court Supervision Unit and then placed in DeSisto School in Massachusetts.
R.C. attended DeSisto for almost two years. When R.C. returned home on vacation, he ran away from home for seven weeks. When R.C. returned, he sued his parents for neglect in the New York family court. R.C.'s parents initiated another PINS petition and R.C. was placed in a nonsecurity detention facility. R.C. was examined by the court consultation unit and a highly structured long-term residential facility was recommended. R.C. agreed to return to DeSisto School, but at the Florida campus. However, once there, R.C. ran away from the Florida campus and returned to New York.
Following R.C.'s disappearance, the DeSisto School's psychologist informed R.C.'s parents that hospitalization was recommended for R.C. Based upon this information and R.C.'s behavior, R.C.'s parents contacted the Chicago Lakeshore Hospital (Lakeshore). They spoke with Dr. Upeli, a member of the hospital staff. Dr. Upeli stated that he could not make any guarantees but he thought Lakeshore could help R.C. When R.C.'s parents attempted to bring R.C. to Chicago, he ran away. His parents had to hire three private detectives to bring R.C. to Chicago peacefully.
Dr. Rivitz, a psychiatrist at Lakeshore, testified at the trial. Dr. Rivitz examined R.C. at least 12 times for approximately 45 minutes each time. In Dr. Rivitz' opinion, R.C. was "emotionally despaired of such severity" that hospitalization was required to prevent R.C. from placing himself in a dangerous position where he could be harmed.
Dr. Alpert, the examining clinical psychologist at Lakeshore, also testified. Dr. Alpert never talked with R.C.'s parents prior to R.C.'s arriving at Lakeshore. Dr. Alpert testified that he conducted an admission's examination for 45 minutes on May 2, 1986, and that R.C. was subsequently admitted to Lakeshore that same day. Dr. Alpert concurred with Dr. Rivitz' opinion that R.C. was emotionally disturbed to such severity that hospitalization was required.
Dr. Guidi, supervisor of psychology at the Illinois State Psychiatric Institute, testified on R.C.'s behalf. Dr. Guidi stated that based upon his examination of R.C., he "does not suffer from a mental illness or emotional disturbance of such severity that hospitalization is warranted." However, Dr Guidi agreed that if R.C.'s condition were to ...