Proposal for a Pilot Project to Enhance Case Management in Respondents Involving Both Mental Health Proceedings and Guardianship Proceedings

Fact:

There exists a heightened focus on mental health issues: in the news, through legislation, and in categories of not-for-profit institutions. Also in the media, there is a greater awareness of guardianship proceedings and the resulting benefits and constraints.

Issue:             

Because of the size of our Cook County Court system, in certain circumstances, there is a more burdensome, costly, and inefficient legal process where a resident is a respondent in two separate legal arenas: a resident is or will be ordered to outpatient treatment for his/her/their mental health treatment and where the same Cook County resident is or will benefit from some level of guardianship.

Mission of the Pilot Project:

With an eye toward access to justice and judicial efficiency, Cook County citizens would benefit by creating a single court call wherein an assigned judge hears a case involving a resident with legal issues in both the County Division (Mental Health) and the Probate Division (Guardianship). The dually-assigned judge would be familiar with the applicable laws and prepared to hear the matters under both areas of law. The approach would further benefit all the stakeholders by approaching the Cook County resident more holistically under a narrow set of circumstances involving both a mental health diagnosis and a level of guardianship.

Pilot Project Proposed Outline:

There would be THREE PATHWAYS to a case being assigned to the Pilot Project:

1. After a hearing is held on a Petition for Involuntary Treatment before the judge in the County Division under the Mental Health Code.
2. After the Report of a GAL and other information is brought to the attention of the judge in a probate hearing for guardianship.
3. In the discretion of the judge in a guardianship proceeding where there is an active mental health issue.

Applicable Rules:

Mental Health and Developmental Disabilities Code (405 ILCS 5/et seq)

Agreed order for admission on an outpatient basis (405 ILCS 5/3-801.5)
Involuntary admission; alternative mental health facilities (405 ILCS 5/811)
Court-ordered admission on an outpatient basis modification (405 ILCS 5/3-812)           
An initial order of commitment on an outpatient basis (405 ILCS 5/3-813(a-1))

Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/et seq)

Limited access to basic inpatient mental health information (740 ILCS 110/5.5)

Probate Act: Guardians for Adults with Disabilities (755 ILCS 5/11a et seq)

Definition of “person with a disability” (755 ILCS 5/11a-2)
Legal disability of ward (755 ILCS 5/11a-14) i.e., limited guardianship

Proposal for Pathway 1:

A Petition for Involuntary Treatment is filed in the County Division. A County Division judge will triage the matter. If the respondent agrees to a court-ordered outpatient treatment plan, the judge at his/her/their discretion may refer the matter to the Pilot Project.

Proposal for Pathway 2:

A Petition for Adult Guardianship is filed in the Probate Division where the respondent already is being treated for mental health issues—either voluntarily or involuntarily.

Proposal for Pathway 3:

If a respondent to a Guardianship Petition has an active mental health issue, the judge at his/her/their discretion may transfer the matter to the Pilot Project.

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Judge Maureen Ward Kirby, Presiding Judge, County Division. Judge Daniel Malone, Presiding Judge, Probate Division. Judge Susan Kennedy Sullivan, Probate Division.