In re Michael H.

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0557 Rel

Case Date: 07/07/2009

Preview:NO. 5-07-0557
NOTICE Decision filed 07/07/09. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ In re MICHAEL H., Alleged to Be a Person Subject to Involuntary Admission ) Appeal from the Circuit ) Court of Randolph County. ) (The People of the State of Illinois, Petitioner) No. 07-MH-232 Appellee, v. Michael H., Respondent-Appellant). ) ) Honorable Richard A. Brown, ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: The respondent, Michael H., appeals an order finding him subject to involuntary admission after he waived his right to a hearing on the petition to find him subject to involuntary admission. He argues that (1) it is impossible to waive a hearing because the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/1100 et seq. (West 2006)) does not contemplate such a waiver, (2) if a hearing can be waived, the court must conduct an inquiry into the respondent's capacity to waive a hearing, (3) if a respondent waives a hearing

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