APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
Robert Bloyer, Respondent-Appellant)
541 N.E.2d 224, 185 Ill. App. 3d 245, 133 Ill. Dec. 387 1989.IL.1065
Appeal from the Circuit Court of Winnebago County; the Hon. John Nielson, Judge, presiding.
JUSTICE WOODWARD delivered the opinion of the court. LINDBERG and DUNN, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD
Respondent, Robert Bloyer, appeals from an order of the circuit court of Winnebago County, which continued his involuntary hospitalization with the Department of Mental Health (Department) at H. Douglas Singer Mental Health Center (Singer Center).
On appeal, respondent argues that (1) the petition to involuntarily hospitalize him was not timely filed and the certificates accompanying the petition were not properly executed; (2) his statutory and constitutional rights to an appeal and a verbatim record of the proceeding were denied; and (3) this court may properly consider issues raised for the first time on appeal when errors are readily apparent in the face of the record. Because of our decision regarding the first issue, we need not address the others raised by respondent.
The scant record reveals the following pertinent facts. Respondent, at the relevant time, was a 33-year-old male from Freeport, Illinois. He was admitted to Singer Center on April 25, 1988. On May 2, 1988, respondent was found to be a person subject to involuntary admission and was ordered hospitalized. The initial order of hospitalization was for a period of 60 days. (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-813(a).) After the expiration of the initial order, a second petition for involuntary hospitalization was filed on July 5, 1988. On July 1, 1988, a certificate certifying that respondent was subject to involuntary admission was executed by a social worker. (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-702(a).) On July 5, 1988, a second certificate was executed by a psychiatrist. Both certificates were filed with the court on July 7, 1988.
On July 7, 1988, the court ordered a hearing on the second petition for involuntary hospitalization for July 11, 1988, and respondent was ordered to submit to a psychiatric examination. On July 9, 1988, a psychiatrist executed a third certificate, and it was filed with the court on July 11, 1988.
At the July 11, 1988, hearing no court reporter was present, nor was there an audio tape recording made of it. The court below found respondent to be a person subject to involuntary hospitalization and ordered an additional period of involuntary hospitalization with the Department at the Singer Center. Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-813(a).
Respondent initially argues that the court below erred in finding him a person subject to involuntary hospitalization when the petition to commit was not timely filed and the certificates accompanying the petition were not properly executed. Respondent asserts that the facility's director did not comply with section 3-813(a) of the Mental Health and Developmental Disabilities Code (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-813(a)), which states:
"An initial order for hospitalization or alternative treatment shall be for a period not to exceed 60 days. Prior to the expiration of the initial order if the facility director believes that the patient continues to be subject to involuntary admission, a new petition and 2 new certificates may be filed with the court. If a petition is filed, the facility director shall file with the court a current treatment plan which includes an evaluation of the patient's progress and the extent to which he is benefiting from treatment. If no petition is filed prior to the expiration of the initial order, the patient shall be discharged. Following a hearing, the court may order a second ...