In re Tiffany W.
977 N.E.2d 1183
Ill. App. Ct.2012Background
- Respondent Tiffany W. is a 39-year-old woman with schizophrenia and brain/spine injuries, wheelchair-bound and with quadraparesis/dysarthria.
- She had stopped psychotropic medication in 2009, leading to delusions and diminished self-care.
- Dr. Blitzstein petitioned for involuntary psychotropic-medication treatment under 2-107.1 to treat illness and improve life.
- A hearing occurred; testimony showed medication enabled her to live with caregiver support, while withdrawal caused agitation and impairment.
- The circuit court granted the petition for involuntary administration of medication.
- Tiffany challenged on two grounds: (a) failure to provide written notice under 2-102(a-5); (b) failure to prove the statutory elements for involuntary treatment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to provide written notice under 2-102(a-5) requires reversal | Tiffany W. argues strict compliance is mandatory and requires reversal. | People contends the appeal is moot or the error is not reversible under the code. | Reversed due to noncompliance with 2-102(a-5). |
| Whether the State proved lack of capacity and other elements of 2-107.1(a-5)(4) without proper written notice | W. contends lack of written information precludes a finding of capacity to decide. | People argues elements were met with testimony and petition evidence. | Not proven; the State failed to satisfy the element of capacity without written notice; reversal affirmed. |
Key Cases Cited
- In re Nicholas L., 407 Ill. App. 3d 1061 (2011) (strict compliance with 2-102(a-5) required; harmless-error rule does not apply to written notification failure)
- In re Laura H., 404 Ill. App. 3d 286 (2010) (notice did not address risks, benefits, or alternatives; reversal when written notice deficient)
- In re Louis S., 361 Ill. App. 3d 772 (2010) (failure to inform of risks/benefits requires reversal)
- In re John R., 339 Ill. App. 3d 778 (2003) (written notice safeguards liberty interests; substantial protection needed)
- In re Linda K., 407 Ill. App. 3d 1146 (2011) (reversed involuntary medication order where written information about risks/benefits/alternatives was lacking)