State: Illinois
Court: 3rd District Appellate
Docket No: 3-96-1071
Case Date: 09/10/1997
No. 3 96 1071
_________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 1997
IN THE MATTER OF JOHN REED ) Appeal from the Circuit Court
(Asserted to be a Person ) of the 10th Judicial Circuit
Subject to Involuntary ) Peoria County, Illinois
Admission) )
PEOPLE OF THE STATE OF )
ILLINOIS, )
)
Petitioner-Appellee, ) No. 96 MH 311
)
v. )
)
JOHN REED, ) Honorable
) C. Brett Bode
Respondent-Appellant. ) Judge, Presiding.
)
_________________________________________________________________
JUSTICE LYTTON delivered the opinion of the court:
_________________________________________________________________
Respondent John Reed was admitted to Methodist Hospital on an
emergency basis on December 2, 1996. The State filed a petition
for involuntary admission on December 3, and a hearing was set for
the next day. Both respondent and his guardian were present at the
hearing.
The State presented testimony from Dr. Anthony James Caterine,
respondent's treating psychiatrist. Respondent did not offer any
evidence. The trial court found that respondent was a person
subject to involuntary admission and ordered him committed for up
to 90 days. Respondent appeals. We vacate the trial court's
order.
FACTS
Respondent is a 34-year-old man with Down's Syndrome and an
I.Q. between 18 and 20; his mother is his legal guardian. On
December 2, 1996, respondent's mother took him to a clinic to
determine why his behavior was deteriorating. When clinic workers
tried to perform a blood test, respondent started to hit his head
violently against a wall, and he was subsequently admitted to the
psychiatric unit of Methodist Hospital. While he was in the
hospital, respondent began throwing himself on the floor for no
apparent reason. The hospital staff became concerned that
respondent would harm himself and restrained and medicated him.
Continued medication has reduced respondent's agitated behavior.
On December 3, the State filed a petition for involuntary
admission and supporting affidavits pursuant to section 3 600 of
the Mental Health and Developmental Disabilities Code (Code) (405
ILCS 5/1 100 et seq. (West 1994)). See 405 ILCS 5/3 600. The
trial court set a hearing on the petition for December 4.
Respondent was not served with a notice of the hearing, and it is
unclear whether notice was mailed to him. His guardian did not
receive a copy of the petition or the notice of hearing. However,
respondent and his guardian attended the hearing with appointed
counsel.
At the hearing, the State presented testimony from Dr.
Caterine, who stated that respondent was severely mentally retarded
and that he could not rule out the possibility that respondent was
also suffering from a mental illness. Dr. Caterine believed that
respondent was benefitting from medication and should remain in the
hospital for another week or two so that the dosages could be
lowered to reduce the side effects. However, Dr. Caterine
indicated that if there was a challenge to respondent's mother
being his guardian, he would recommend hospitalizing respondent for
a longer period. Respondent's counsel cross-examined Dr. Caterine,
but did not present any other evidence.
The trial court found that respondent should be involuntarily
committed for not more than 90 days because he had a "developmental
disability, Down's Syndrome, possible mental illness to be ruled
out in the future" and had shown a tendency to harm himself. The
court believed that respondent's condition made him a danger to
himself or others in the future. Respondent's guardian filed a
timely notice of appeal from this order.
DISCUSSION
Respondent argues that the State did not prove that he met the
criteria for involuntary admission under section 3 600 of the Code.
See 405 ILCS 5/3 600. We agree.
Under section 3 600, the State must prove by clear and
convincing evidence that respondent is "[a] person 18 years of age
or older who is subject to involuntary admission and in need of
immediate hospitalization." 405 ILCS 5/3 600, 3 808. Section
1 119 of the Code defines a "[person] subject to involuntary
admission" as one suffering from a mental illness. 405 ILCS
5/1 119. In People v. Lang, 113 Ill. 2d 407, 453, 498 N.E.2d 1105,
1126 (1986), our supreme court stated that "[a] 'mentally ill'
person for purposes of section 1 119 is an individual with an
organic, mental or emotional disorder which substantially impairs
the person's thought, perception of reality, emotional process,
judgment, behavior, or ability to cope with the ordinary demands of
life." See also In re Robinson, 151 Ill. 2d 126, 140, 601 N.E.2d
712, 720 (1992).
In this case, Dr. Caterine presented the only evidence offered
at the hearing concerning respondent's mental state. He testified
that respondent suffered from severe mental retardation, which the
Code defines as "significantly subaverage general intellectual
functioning which exists concurrently with impairment of adaptive
behavior and which originates before the age of 18 years." 405
ILCS 5/1 116. Because he is mentally retarded, respondent has a
"developmental disability" under the Code. See 405 ILCS 5/1 106.
However, the Code does not suggest that either the presence of
mental retardation or a developmental disability supports a finding
of mental illness.
On the contrary, Illinois implicitly accepts that mental
retardation and mental illness are not the same condition. Our
statutes provide for separate procedures for the involuntary
commitment of the mentally ill (405 ILCS 5/3 200 et seq.) and the
mentally retarded (405 ILCS 5/3 200(b), 4 200 et seq.). Most other
states have similar provisions. Heller v. Doe, 509 U.S. ___, ___,
125 L. Ed. 2d 257, 275 & n.2, 113 S. Ct. 2637, ____ (1993). In
Heller, the United States Supreme Court rejected an equal
protection challenge to a similar statutory scheme in Kentucky.
See U.S. Const., amend. XIV. After analyzing specific differences
between the two groups, the Court recognized an historical and
"commonsense distinction" between them. Heller, 509 U.S. at ___,
125 L. Ed. 2d at 275, 113 S. Ct. at ____. The Illinois legislature
has also made this distinction. Evidence of mental retardation
alone cannot support a petition for involuntary commitment brought
under section 3 600 of the Code.
In this case, Dr. Caterine testified that because of
respondent's recent change in behavior, he believed that he had to
"rule out" the possibility of "some illness on top of
[respondent's] mental retardation, such as depression, psychosis."
He indicated that while there was evidence suggesting that "there's
something else going on", he was not sure what it was. He also
stated that he was "not quite sure if [respondent was] suffering
from a mental illness." The State has not provided us with any
other evidence that respondent had a mental illness.
At best, the testimony shows that respondent may have been
suffering from a mental illness. The Code mandates, however, that
a petition for involuntary commitment be supported by clear and
convincing evidence. This degree of proof requires far more than
mere speculation about possible causes underlying a change in
behavior. In this case, the State failed to show by clear and
convincing evidence that respondent actually had a mental illness
at the time of the hearing. 405 ILCS 5/3 808. Because the State
failed to meet its burden of proof in this case, we vacate the
trial court's order involuntarily committing respondent.
Because we have vacated the trial court's order for the
reasons stated above, we need not reach the remaining contentions
raised by respondent.
CONCLUSION
The judgment of the circuit court of Peoria County is vacated.
Order vacated.
HOMER and SLATER, JJ., concur.
Illinois Law
Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
> Minimum Wage in Illinois
Illinois Agencies