State: Illinois
Court: 4th District Appellate
Docket No: 4-96-0728
Case Date: 05/02/1997
NO. 4-96-0728
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In the Matter of ARLETTA F. ROBINSON, ) Appeal from
a Person Found Subject to Involuntary ) Circuit Court of
Admission, ) Vermilion County
THE PEOPLE OF THE STATE OF ILLINOIS, ) No. 96MH28
Petitioner-Appellee, )
v. )
ARLETTA F. ROBINSON, a/k/a LONDA ) Honorable
STRICKLAND, ) Joseph C. Moore,
Respondent-Appellant. ) Judge Presiding.
JUSTICE GREEN delivered the opinion of the court:
On August 26, 1996, following a hearing in the circuit
court of Vermilion County, the court entered two separate orders
(1) finding that respondent, Arletta F. Robinson, was in need of
involuntary admission to the Department of Mental Health and
Developmental Disabilities at the George A. Zeller Mental Health
Center (Zeller) (405 ILCS 5/3-700 (West 1994)), and (2) directing
the staff at Zeller to administer psychotropic medication to her
(405 ILCS 5/2-107.1 (West Supp. 1995)). Respondent appeals,
contending (1) certain defects in the State's petitions for
involuntary commitment and administration of psychotropic
medication, and the single proceeding held thereon, violated her
procedural due process rights; (2) she was denied effective
assistance of counsel; and (3) the evidence was insufficient to
support the court's order directing involuntary commitment and
administration of psychotropic medication.
We affirm in part and reverse in part.
Respondent's procedural due process claims concern
violations of the statutes that govern (1) proceedings on a
petition for administration of psychotropic medication (405 ILCS
5/2-107.1(a)(1), (a)(2) (West Supp. 1995)) and (2) proceedings on
a petition for involuntary commitment (405 ILCS 5/3-601, 3-609
(West 1994)). The State concedes that all statutory violations as
alleged by respondent have occurred but claims those errors should
be deemed waived as respondent failed to object at the hearing, no
prejudice had resulted, and there had been substantial compliance
with the appropriate provisions of the Mental Health and
Developmental Disabilities Code (Code) (405 ILCS 5/1-100 et seq.
(West 1994)). As we will discuss, we decline to apply the waiver
doctrine to issues concerning the petition for administration of
psychotropic medication and the hearing held on that petition. As
to issues concerning the petition for involuntary commitment, we
apply the waiver doctrine.
The statutory provisions governing petitions for
administration of psychotropic medication at issue here state as
follows:
"(1) Any person 18 years of age or older,
including any guardian, may petition the
circuit court for an order authorizing the
administration of psychotropic medication to a
recipient of services. The petitioner shall
deliver a copy of the petition, and notice of
the time and place of the hearing, to the
respondent, his or her attorney, and the
guardian, if any, no later than 10 days prior
to the date of the hearing. The petition may
include a request that the court authorize
such testing and procedures as may be
essential for the safe and effective
administration of the psychotropic medication
sought to be administered, but only where the
petition sets forth the specific testing and
procedures sought to be administered.
(2) The court shall hold a hearing within
14 days of the filing of the petition.
Continuances totaling not more than 14 days
may be granted to the recipient upon a showing
that the continuances are needed in order to
prepare adequately for a hearing under this
Section. The court may, in its discretion,
grant additional continuances if agreed to by
all parties. The hearing shall be separate
from a judicial proceeding held to determine
whether a person is subject to involuntary
admission." (Emphasis added.) 405 ILCS 5/2-
107.1(a)(1), (a)(2) (West Supp. 1995).
Here, there is no dispute that respondent did not receive
a copy of the petition for administration of psychotropic
medication or notice of hearing 10 days prior to the date of the
hearing as the petition was filed on August 26, 1996, the day of
the hearing originally set for the petition for involuntary
commitment. The August 26, 1996, hearing proceeded on both the
petitions for involuntary commitment and administration of
psychotropic medication. Thus, respondent did not receive a
"separate" hearing on the issue of administration of psychotropic
medication.
The transcript of that hearing indicated respondent's
appointed counsel announced he was ready for trial. Respondent
never objected to the State's failure to serve her with a copy of
the petition for administration of psychotropic medication or the
notice of hearing and never objected to a single hearing held on
the petitions for involuntary commitment and administration of
psychotropic medication.
The State maintains that trial counsel's failure to
object requires the application of the waiver doctrine when the
record establishes no prejudice occurred by any of the procedural
errors and there was substantial compliance with the Code. The
State relies on a line of cases where the Supreme Court of Illinois
has held that the trial court's failure to strictly comply with
notice requirements in involuntary commitment proceedings did not
require reversal where the respondent failed to object and the
respondent had actual notice of the proceedings. In re Splett, 143
Ill. 2d 225, 231-32, 572 N.E.2d 883, 886 (1991); In re Nau, 153
Ill. 2d 406, 419-20, 607 N.E.2d 134, 140-41 (1992). In Splett, the
respondent did not receive formal notice of hearing but was present
at the hearing and was represented by counsel who actively
presented a defense.
Subsequently, the supreme court similarly held that
strict compliance with the requirement of a written
predispositional report (Ill. Rev. Stat. 1989, ch. 91
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