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06/28/89 In Re Barbara Franklin

June 28, 1989

IN RE BARBARA FRANKLIN, A PERSON FOUND SUBJECT TO


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Involuntary Admission (The People of the State of

Illinois, Petitioner-Appellee, v.

Barbara Franklin, Respondent-Appellant)

541 N.E.2d 168, 186 Ill. App. 3d 245, 133 Ill. Dec. 331 1989.IL.1020

Appeal from the Circuit Court of Sangamon County; the Hon. Jeanne E. Scott, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court. LUND and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

Respondent Barbara Franklin appeals an order of the circuit court finding her to be a person subject to involuntary admission and ordering her hospitalized in the Department of Mental Health and Developmental Disabilities (Department). Respondent contends the requirements set forth in the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 1-100 et seq.) were not met and the evidence was not clear and convincing that respondent is dangerous to herself or others and unable to provide for her own needs. We agree the requirements of the Code have not been met and reverse.

Respondent, 35 years old, was initially hospitalized at Andrew McFarland Mental Health Center (McFarland) in Springfield under a court order issued on June 17, 1988, pursuant to article VII of chapter 3 of the Code. (Ill. Rev. Stat. 1987, ch. 91 1/2, pars. 3-700 through 3-706.) Respondent did not appeal from the June 17 order. On August 8, 1988, a second petition, signed by Chuck Eldridge, mental health specialist, was filed as required by section 3-813 of the Code (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-813) to continue respondent's hospitalization and was accompanied by a certificate of a psychiatrist (Ill. Rev. Stat. 1987, ch. 91 1/2, pars. 3-702, 3-703), which stated respondent is mentally ill and is reasonably expected to inflict serious physical harm upon herself or upon another person. The record includes a second certificate, an examination completed August 11, 1988, pursuant to section 3-703, though it is unclear the date on which the certificate was filed in the court.

The second petition was served on respondent by leaving a copy with Chuck Eldridge, mental health specialist at McFarland, on August 5, 1988. Although not important to a determination of this appeal, it is noted by both the respondent and this court that the certificate of service is notarized July 25, 1988, some 10 days before service.

A hearing on the second petition was set for August 12, 1988. The order setting the hearing also appointed counsel for the respondent and directed that notice of the hearing be sent to the respondent at McFarland. The hearing was continued, without objection by respondent, to August 19, 1988.

Following a hearing on August 19, the court found respondent to be a person subject to involuntary admission and ordered respondent's further hospitalization with the Department.

Respondent argues that the record does not establish that she received a copy of the second petition. Specifically, respondent points to the proof of service which reflects a notary date approximately two weeks before the petition was filed. Respondent directs us to section 3--611 of the Code, which governs emergency admissions by certification. ...


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