In re David S.

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In re David S.

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0616 Rel

Case Date: 11/18/2008

Preview:NO. 5-07-0616
N O T IC E Decision filed 11/18/08. The text of this dec ision m ay b e changed or corrected prior to the P e t i ti o n for filing of a or the

IN THE APPELLATE COURT OF ILLINOIS

Re hea ring

FIFTH DISTRICT ________________________________________________________________________ In re DAVID S., a Person Asserted to Be Subject to Involuntary Administration of Psychotropic Medication ) Appeal from the ) Circuit Court of ) Madison County. ) (The People of the State of Illinois, ) ) Petitioner-Appellee, ) ) v. ) No. 07-MH-157 ) David S., ) Honorable ) Nelson Metz, Respondent-Appellant). ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: David S. appeals from the trial court's September 11, 2007, judgment concluding that he was subject to the involuntary administration of psychotropic medication and subject to testing necessary to determine the safe and effective administration of those psychotropic medications. We reverse. The mental health of David S., a Clinton County resident, deteriorated in March 2006 when he was found guilty of violating an order of protection. Certain symptoms had been evident for the previous 18 years, according to information provided by his wife. At some time before March 2006, David S.'s wife obtained an order of protection. David S. violated this order. Between March 2006 and August 23, 2007, the date of the petition for the involuntary administration of psychotropic medication, David S. was arrested two other times for violating that order of protection. David S. and his wife have children together. Because of these mental issues, David S. was only able to see his children if in the company and

disposition of the same.

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supervision of his sister or brother-in-law. However, at some point the mental problems were severe enough that his sister refused to bring the children to see him. His mental status interfered with his ability to work in his customary job as a painter. David S. was convinced that the mafia was active in Clinton County and had "run the Bible from the county." He was also convinced that his wife's girlfriend, an Illinois state trooper, was a mafia member and/or the daughter of a mafia boss, as well as a satanist. David S. claimed to have heard angels telling him that they would save him from these demonic and satanic practices. David S. was also convinced that the Clinton County sheriff's department worked directly for the mafia organization. David S. was admitted to the Alton Mental Health Center on a transfer from Clinton County on June 11, 2007, having been found unfit to stand trial on charges seeking to revoke his probation. As far as his records revealed, this was his first psychiatric admission. David S. had two psychiatric diagnoses. On Axis I, he was diagnosed with schizophrenia, and on Axis II, he was diagnosed with a personality disorder, not otherwise specified. A petition for the involuntary administration of psychotropic medication pursuant to section 2-107.1 of the Mental Health and Developmental Disabilities Code (405 ILCS 5/2107.1 (West 2006)) was filed on August 23, 2007. The petition was prepared by Dr. Kanwal Mahmood, a staff psychiatrist at the Alton M ental Health Center. In her petition, Dr. Mahmood asked to be allowed to administer Risperdal at a daily dosage range from 1 to 16 milligrams, Risperdal Consta at a dosage range from 1 to 50 milligrams every two weeks, and Ativan at a daily dosage from 1 to 10 milligrams. Alternatively, Dr. Mahmood sought authorization to utilize Haldol at a daily dosage of 1 to 100 milligrams, Haldol Decanoate at a dosage range from 1 to 300 milligrams every four weeks, and Klonopin at a daily dosage range from 1 to 20 milligrams. The petition also sought authorization of the court to require David S. to undergo

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certain tests and procedures related to the administration of these medications. The tests listed in the petition were "CBC, Chem 18, and EKG." The hearing was held on September 11, 2007. Dr. Mahmood and David S. testified at this hearing. Dr. Mahmood asked the court to authorize the administration of Risperdal at a daily dosage range of 1 to 16 milligrams and Risperdal Consta. She also sought the right to administer Ativan at a daily dosage range from 1 to 20 milligrams. As alternatives, Dr. Mahmood asked the court to allow her petition for the administration of Haldol at a dosage range from 1 to 100 milligrams and Haldol Decanoate. She also requested approval to administer Klonopin at the daily dosage range from 1 to 20 milligrams. No specifics regarding dosage or frequency were provided relative to the two injectable drugs

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