In re Rita P.
2013 IL App (1st) 112837
Ill. App. Ct.2013Background
- Respondent Rita P. was a 51-year-old voluntary patient admitted in August 2011 at a Chicago area mental health facility.
- Dr. He Yuan petitioned for a court order authorizing involuntary treatment with Risperidone for up to 90 days.
- At the September 2, 2011 hearing, the proponent and a son described Respondent’s deteriorating condition and dangerous behaviors, including multiple voices and delusions.
- Respondent exhibited severe psychiatric symptoms, including paranoia, self-harm gestures, and threats toward others tied to delusional beliefs.
- The circuit court granted the petition, stating the testimony was overwhelming and ordered involuntary medication for 90 days.
- The 90-day order expired on December 1, 2011; on appeal, Respondent challenged the lack of written findings and the court’s compliance with §3-816(a), and the State argued mootness and other defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mandatory factual findings under 3-816(a) | Rita contends the court failed to state findings of fact on the record or in a written order. | State contends findings may be on-record or in a detailed order; not strictly mandatory in practice. | Remand/reversal required; order reversed for failure to provide proper factual findings. |
| Collateral consequences mootness exception | Rita invokes collateral consequences exception to preserve appeal despite mootness. | State argues collateral consequences unnecessary or inapplicable given the record. | Collateral consequences exception applies; court reverses to protect respondent from collateral effects. |
Key Cases Cited
- In re James S., 388 Ill. App. 3d 1102 (2009) (insufficient facial findings; required factual basis under 3-816(a))
- In re Madison H., 215 Ill. 2d 364 (2005) (remand for more specific findings; preprinted order lacking factual basis)
- In re Linda K., 407 Ill. App. 3d 1146 (2011) (collateral consequences in first involuntary order)
- In re Alfred H.H., 233 Ill. 2d 345 (2009) (collateral consequences and involuntary treatment considerations)
- In re Gloria C., 401 Ill. App. 3d 271 (2010) (mental illness may imply future proceedings affecting rights)