Publications

Articles on Mental Health

Involuntary Administration of Psychotropic Drugs: Balancing Safety and Civil Liberties

By Anthony E. Rothert
October
2003
Article
Page 496
A look at recent cases and trends in this dynamic area of law.

Trial court erred in granting state guardian authority to place disabled adult in skilled-care nursing home prior to holding involuntary commitment hearing

March
2003
Illinois Law Update
Page 116
On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.

Defendant’s mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made

February
2003
Illinois Law Update
Page 62
On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.

Involuntary administration of psychotropic drugs: Does Illinois need new standards?

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
Some experts think Illinois law should be changed to make it easier to involuntarily admit mental patients and force them to take psychotropic drugs if they're unwilling. Others fear the changes would crowd mental-health facilities beyond capacity.

The varying standards of client capacity

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Making a will, signing a deed, executing a POA for property; they all require different standards of competence. What are they, and what do they mean for you and your clients?

Availability of access to records of psychological treatment further narrowed

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.

Mental health services in nursing facilities

May
2002
Illinois Law Update
Page 232
On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.

Investigations of maltreatment of individuals in state-operated facilities

April
2002
Illinois Law Update
Page 176
On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.

Will prosecutors pass on the Sexually Dangerous Persons Act?

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
Because of a recent Illinois Supreme Court decision, more state's attorneys will pass up the Sexually Dangerous Persons Act in favor of criminal prosecution, a downstate prosecutor opines.

Legislation enacts changes regarding sexually violent persons P.A. 92-415

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan approved House Bill 2088, which makes a number of changes to the Sexually Violent Persons Commitment Act (Act) and related laws.

Mental health treatment

October
2001
Illinois Law Update
Page 516
On August 2, 2001, the Illinois Department of Human Services (department) adopted amendments to section 112 of the Illinois Administrative Code. 59 Ill Adm Code 112.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Pet hoarders would be treated as mentally ill under proposed legislation; H.B. 0599

May
2001
Illinois Law Update
Page 230
The Illinois House Agriculture Committee unanimously approved a bill intended to reduce incidents of "animal hoarding" in the state.

Legislation shifts burden of proof—P.A. 91-770

December
2000
Illinois Law Update
Page 690
Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Changes in Individual Care Grants for Mentally Ill Children

December
1998
Illinois Law Update
Page 662
On September 17, 1998, the Department of Human Services adopted emergency amendments to various parts of section 135 of its administrative rules concerning individual care grants for children with mental illnesses. 59 Ill Adm Code 135.

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