APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
Admission (The People of the State of Illinois,
Tyrone James, Respondent-Appellant)
547 N.E.2d 759, 191 Ill. App. 3d 352, 138 Ill. Dec. 592 1989.IL.1882
Appeal from the Circuit Court of Sangamon County; the Hon. Roger W. Holmes, Judge, presiding.
JUSTICE McCULLOUGH delivered the opinion of the court. KNECHT, P.J., and SPITZ, J., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH
After a hearing in the circuit court of Sangamon County, the trial court ordered respondent involuntarily admitted to a mental health facility. The court found respondent was mentally ill, and because of his illness, likely to inflict serious physical harm upon another. (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 1-119(1).) Respondent appeals arguing the trial court's findings were not supported by clear and convincing evidence; and the trial court erred in ordering his involuntary admission prior to considering a report, as required by section 3-810 of the Mental Health and Developmental Disabilities Code (Code) (Ill. Rev. Stat. 1987, ch. 91 1/2, par. 3-810).
On January 10, 1989, Patricia Brown, a mental health specialist, filed a petition asserting respondent was a person subject to involuntary admission. The petition alleged respondent was mentally ill and reasonably expected to inflict harm upon himself or another in the near future. The petition further asserted immediate admission was necessary to prevent such harm. The petition asserted respondent was paranoid, exhibited flight of ideas, a flat affect, had not taken his medication since December 28, 1988, and had threatened to beat or kill his mother.
A hearing was held on January 13, 1989. Dr. Carey Killian, a psychiatrist, testified that he had known respondent since January 10, 1989. He was respondent's attending physician. In his opinion, respondent was suffering from schizophrenia. Killian based his opinion upon examination of respondent, consideration of his medical records, and prior diagnosis of schizophrenia. Respondent displayed several indicia of schizophrenia, including (1) loss of level of functioning over time; (2) formal thought disorder, shown by his wandering from topic to topic; (3) delusional ideas, which included the beliefs that (a) his biological mother is not his mother, (b) dead people walk around with the living and he can tell who is actually alive, and (c) people are giving him bad foods; and (4) a constriction of amount of facial expression when respondent is interacting with other people.
Killian stated that respondent had threatened to harm his mother again because she hospitalized him. Respondent made similar statements to several mental health professionals. Killian believed a significant risk existed that respondent would inflict serious physical harm upon his mother because of his mental illness. Killian further stated that the treatment plan for respondent is to use antipsychotic medication. Respondent had received similar medication in the past and responded well. Killian further testified there were no forms of treatment less restrictive than hospitalization. Killian admitted the medications could be taken on an outpatient basis. Respondent had not been violent while hospitalized.
Respondent testified in his own behalf. He stated that he would take his medication, except one type, on an outpatient basis. Respondent believed his mother lied to force him into the hospital, bothered him, and sent the police to arrest him. His former psychiatrist's nurse tried to give him an ...