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09/28/89 In Re Michael Smoots

September 28, 1989

IN RE MICHAEL SMOOTS, A PERSON FOUND SUBJECT TO INVOLUNTARY


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Admission (The People of the State of Illinois,

Petitioner-Appellee, v.

Michael Smoots, Respondent-Appellant)

544 N.E.2d 1235, 189 Ill. App. 3d 289, 136 Ill. Dec. 460 1989.IL.1544

Appeal from the Circuit Court of Sangamon County; the Hon. Roger W. Holmes, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE McCULLOUGH delivered the opinion of the court. KNECHT and GREEN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

Respondent Michael Smoots appeals the trial court order denying his petition for discharge filed pursuant to section 3-900 of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-900). Respondent argues the evidence presented at the hearing did not clearly and convincingly establish he was a person subject to involuntary admission and the trial court erred in ordering his involuntary admission prior to considering a Dispositional report (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-810).

We affirm.

On October 25, 1988, the trial court found respondent was subject to involuntary admission, ordered his hospitalization, and continued treatment in accordance with its original order. The original commitment order is not in this record. On December 29, 1988, respondent filed a petition for discharge pursuant to section 3-900 of the Code. Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-900.

Respondent, in support of his petition, testified that he would take his medication, eat properly, and follow a treatment plan. He denied ever striking anyone and stated he would not harm anyone. Respondent planned to live with his parents.

Dr. Andrew Hoekstra, respondent's treating psychiatrist, testified respondent had been repeatedly hospitalized because of delusional, dangerous behavior. Hoekstra stated respondent was subject to episodes of agitation which rendered him a threat to the environment. Hoekstra diagnosed respondent as suffering from undifferentiated schizophrenia. Hoekstra stated current medications were inadequate to control respondent's illness. Thus, hospitalization was the least restrictive environment. Hoekstra also stated respondent could not care for his basic needs. Hoekstra's evaluation of respondent had not changed since respondent's initial admission to the mental health facility.

Initially, respondent argues the evidence that he was mentally ill and expected to harm others or himself was not clear and convincing. Respondent asserts insufficient details of the diagnosis of schizophrenia were presented. It is necessary to keep in mind that we are concerned with a petition for discharge filed by the respondent and not a petition for original commitment. In the initial proceeding, in order to adjudicate a person in need of mental treatment, the court must be presented with clear and convincing evidence which establishes: (1) the respondent is suffering from a mental disorder; and (2) due to this disorder, the respondent may injure himself or others, or the respondent is unable to care for himself. (In re Stephenson (1977), 67 Ill. 2d 544, 367 N.E.2d 1273; In re Dieter (1977), 55 Ill. App. 3d 7, 370 N.E.2d 84.) The trial court's order will only be reversed on appeal when it is contrary to the manifest weight of the evidence. In a petition for discharge under article IX of the Code, it is the obligation of the respondent who has filed the petition to present a prima facie case that he should be discharged. Here, although the only testimony ...


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