In re Tara S.

Illinois Appellate Court
Civil Court
Involuntary Admission
Citation
Case Number: 
2017 IL App (3d) 160357
Decision Date: 
Thursday, August 3, 2017
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
O'BRIEN

Court entered order for involuntary admission to a mental health facility and order for administration of psychotropic medication. Respondent's counsel's performance was deficient for not objecting to State's omission of testimony of an expert who had not personally examined Respondent. State's expert psychiatrist testified that she had not personally examined Respondent. Counsel's omission prejudiced outcome of proceedings, as Respondent could not be subject to involuntary admission without testimony of expert who had personally examined her. Counsel's performance was deficient for not raising omission of any written information on lithium, as Respondent could not be compelled to take lithium without statutorily required written information about this medication. (HOLDRIDGE and WRIGHT, concurring.)