In re Avery S.
972 N.E.2d 295
Ill. App. Ct.2012Background
- Appellant Avery S. appeals a 2010 Randolph County order involuntarily admitting him to a DHS mental health facility for up to 180 days.
- The circuit court struck the dangerous-conduct finding as void and retained only the finding that Avery could not provide for basic physical needs without inpatient care.
- A petition under 405 ILCS 5/3-813 alleged Avery, due to mental illness, could not provide for basic needs absent inpatient treatment and needed hospitalization.
- Examiners Holt (Ph.D.) and Casey (M.D.) concluded Avery had a mental illness rendering him unable to guard against serious harm without treatment and needed inpatient care.
- At the October 20, 2010 hearing, Avery and the State stipulated to admission records; the court admitted the two reports and found Avery subject to involuntary admission.
- Avery argues the stipulation violated due process and the Code by effectively waiving the hearing; the People argue the waiver only applied to live testimony and did not negate the right to a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether stipulation to admission records waived the hearing | Avery argues waiver of the hearing rights | People say only live testimony was waived; hearing remained required | Waiver only of in-person testimony; hearing timeline preserved |
| Whether the stipulation and evidence meet the clear-and-convincing standard | State must prove by clear and convincing evidence | Examiners' written reports suffice to prove the standard | Evidence ample to establish subject to involuntary admission by clear and convincing evidence |
| Whether the stipulation complied with the Code's agreed-order framework (3-807/3-808/3-801.5) | Stipulation bypasses protections for agreed outpatient orders | Stipulation does not equate to admission; rights preserved other than live testimony | Procedural provisions upheld; not inconsistent with the Code's framework |
Key Cases Cited
- In re Michael H., 392 Ill. App. 3d 965 (2009) (public-interest mootness and limits of waivers in involuntary proceedings)
- In re George O., 314 Ill. App. 3d 1044 (2000) (strict compliance with the Code to avoid pro forma hearings)
- People v. Johnson, 2012 IL App (5th) 070573 (2012) (stating waiver of testimony allowed; burden to prove by clear and convincing remains)
- In re Mark W., 348 Ill. App. 3d 1065 (2004) (insufficient stipulation regarding factors for involuntary treatment)
- In re Torski C., 395 Ill. App. 3d 1010 (2009) (dangerous-conduct finding void as vague)