In re Phillip E.

SUPREME COURT CASES

Laws-info.com » Cases » Illinois » 5th District Appellate » 2008 » In re Phillip E.

In re Phillip E.

State: Illinois

Court: 5th District Appellate

Docket No: 5-07-0465 Rel

Case Date: 09/05/2008

Preview:NO. 5-07-0465
N O T IC E Decision filed 09/05/08. 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 PHILLIP E. ) Appeal from the ) Circuit Court of (The People of the State of Illinois, ) Randolph County. ) Petitioner-Appellee, ) ) v. ) No. 07-MH-192 ) Phillip E., ) Honorable ) William A. Schuwerk, Jr., Respondent-Appellant). ) Judge, presiding. ________________________________________________________________________ JUSTICE CHAPMAN delivered the opinion of the court: Phillip E. appeals from the trial court's August 8, 2007, judgment concluding that he should remain subject to involuntary admission and "hospitalized in a Department of Human Services mental health or developmental center, which is the least restrictive environment currently appropriate and available." We reverse. From the record, we note that Phillip E. was born in 1980 and has essentially been a part of various state programs since he was an infant. Phillip was born in a prison to an unwed inmate. He lived in a Texas prison for the first couple of years of his life. Thereafter, he had multiple home placements with no stable home environment. The behavioral problems began when he was about seven years of age. There were numerous foster home placements. Phillip made several attempts to run away from those placements. Beginning at about eight years of age, he was treated for attention deficit hyperactivity disorder (ADHD) and depression. By the age of 11, he was being treated with additional medication for severe mood swings. He never graduated from high school, and while he had a couple

disposition of the same.

1

of part-time jobs, his history does not appear to include any steady employment. Since 1999, Phillip has been in and out of various psychiatric hospital settings that apparently coincide with criminal charges. The admission at issue in this case was Phillip's seventh since 1999. Since the age of 18 (around 1998 or 1999), Phillip has been arrested numerous times in Franklin County for criminal damage to property, intimidation/disorderly conduct, and aggravated battery. He has been incarcerated for some of the charges in Franklin County. On the most recent charges of criminal damage to property and resisting a peace officer, which form the genesis of this commitment, Phillip was found unfit to stand trial due to his mental status. He was thereafter admitted to Alton Mental Health Center. This admission occurred on September 24, 2002. His various aggressive behaviors in Alton Mental Health Center were of a nature that Phillip was no longer manageable there. He was ultimately transferred to Chester Mental Health Center after a March 31, 2003, altercation when he injured several Alton staff members. He arrived at Chester Mental Health Center on April 1, 2003. He had been held at Chester Mental Health Center subject to involuntary admission since November 12, 2003. During his time at Chester Mental Health Center, there were several incidents requiring full restraint

Download In re Phillip E..pdf