In re Marcus S.

Illinois Appellate Court
Civil Court
Involuntary Commitment
Citation
Case Number: 
2022 IL App (3d) 160710
Decision Date: 
Tuesday, January 18, 2022
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
HOLDRIDGE

Trial court ordered that respondent be committed to an inpatient mental health treatment facility and be subjected to involuntary treatment through the administration of psychotropic medications. Respondent appealed, arguing the State failed to present evidence of essential elements of the involuntary commitment and involuntary medication statutes in the Mental Health and Developmental Disabilities Code. The appellate court found the State failed to satisfy the requirements of the involuntary admission statutes because it did not provide the names and contact information of respondent’s family members in the petition for involuntary admission. The State also failed to file a predisposition report as required by the statute. The appellate court also found that the State failed to satisfy “several” mandatory requirements for the involuntary admission of psychotropic medication. The appellate court also agreed with respondent that he was denied the effective assistance of trial counsel. Justice Schmid dissented, contending that the appellate court was prohibited from ruling on the substance of the appeal by the mootness doctrine. (LYTTON, concurring. SCHMIDT, dissenting.)