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05/24/89 In Re Betty v. Riviere

May 24, 1989

IN RE BETTY V. RIVIERE, ASSERTED TO BE A PERSON SUBJECT TO


Before oral arguments, the State filed a motion to take judicial notice and to dismiss the appeal, requesting that this court take judicial notice of certain documents filed in another cause pending in this court involving respondent. Cause No. 3 -- 88 -- 0732 involved an appeal by Betty Riviere from a subsequent involuntary commitment. The attorney representing respondent had filed a motion to withdraw and to dismiss that appeal on the ground that no reversible error occurred in that proceeding. The State contends that the instant appeal is moot since respondent is now hospitalized under a subsequent order of commitment which she admits is valid.

APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Involuntary Admission (The People of the State of

Illinois, Petitioner-Appellee, v.

Betty V. Riviere, Respondent-Appellant)

539 N.E.2d 451, 183 Ill. App. 3d 456, 132 Ill. Dec. 141 1989.IL.791

Appeal from the Circuit Court of Peoria County; the Hon. Brian M. Nemenoff, Judge, presiding.

APPELLATE Judges:

JUSTICE BARRY delivered the opinion of the court. WOMBACHER, P.J., and STOUDER, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BARRY

Respondent Betty Riviere appeals from an order of the circuit court of Peoria County directing her involuntary admission and hospitalization in the Department of Mental Health and Developmental Disabilities.

On August 3, 1988, respondent caused a disturbance in the Peoria County courthouse when she attempted to see the chief Judge about her need for an attorney. She was arrested and taken to the county jail, where emergency medical personnel were called, and it was determined that she appeared to be mentally ill. She was admitted on an emergency basis at the Zeller Mental Health Center, and a petition for involuntary admission was prepared and dated August 3. Certificates of two staff physicians at Zeller accompanied the petition, both indicating that respondent was examined on August 3 and that she was mentally ill and because of her illness was reasonably expected to inflict serious physical harm upon herself or another in the near future.

The petition and the two certificates were not filed in the circuit court until August 5, and on that same date the matter was set for hearing on August 10. Service of petition is not shown in the record, but the record indicates that a notice of hearing was served upon the respondent at Zeller on August 8.

Respondent appeared at the hearing on August 10. She requested an attorney, and the assistant public defender was appointed and given time to confer with her.

Dr. Athena Guzman, the treating physician, was called to testify to respondent's condition. She diagnosed respondent as bipolar disorder, manic, with some psychotic features. Dr. Guzman testified that, on the basis of respondent's behavior at the time of her arrest and admission, she believed respondent would resort to the same kind of ...


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