In Re Vanessa K.
352 Ill. Dec. 802
Ill. App. Ct.2011Background
- Respondent Vanessa K. suffers from schizophrenia and was involuntarily petitioned for psychotropic medication after she intermittently refused her prescribed meds during inpatient treatment.
- Dr. Galbreath sought authority to administer Prolixin Decanoate as the primary medication, with Risperdal Consta and 20 alternatives listed in the petition as treatment options.
- The trial court narrowed the petition to Prolixin Decanoate after questioning and discussions, and Vanessa was provided written information regarding Prolixin Decanoate (though not initially).
- Vanessa left the hearing mid-testimony, later presenting a handwritten 'written appeal' that was illegible, signaling engagement issues related to her capacity.
- The court found Vanessa had a serious mental illness, deterioration in functioning, and threatening behavior; it concluded the benefits of involuntary Prolixin Decanoate outweighed the harms and that she lacked capacity to make a reasoned decision.
- The order was for up to 90 days, with no testing required for administration, and the court provided appeal rights to Vanessa's attorney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State complied with 2-102(a-5) written-info requirements | Vanessa argues the State failed to provide written information on all viable medications. | State contends written info on Prolixin Decanoate sufficed since it was the viable option chosen by the treating physician. | Written information on Prolixin Decanoate sufficed; three-day notice not required by 2-102(a-5). |
| Whether the order was supported by clear and convincing evidence under 2-107.1(a-5)(4) | Vanessa contends the State failed to prove lack of capacity and proportional benefits to harms. | State argues Israel factors show lack of capacity and that benefits outweighed harms with appropriate necessity. | Yes, the State proved lack of capacity and benefits outweighed harms; evidence not against manifest weight. |
| Whether the order is moot | Vanessa asserts issues are non-moot due to ongoing rights concerns. | State argues mootness due to 90-day limit, but exceptions apply for public interest and repetition. | Mootness exc. applies for the first issue (public interest) and the second (capable of repetition). |
Key Cases Cited
- In re Joseph M., 398 Ill.App.3d 1086 (2010) (clarifies expert testimony standard for 2-107.1(a-5)(4))
- In re Gail F., 365 Ill. App.3d 439 (2006) (limits on listing fewer medications than petition; treating physician's selection governs)
- In re John R., 339 Ill.App.3d 778 (2003) (requires written information on medications if information dissemination is not complete)
- In re Laura H., 404 Ill. App.3d 286 (2010) (written information must cover risks, benefits, and alternatives to proposed treatment)
- In re Dorothy J.N., 373 Ill.App.3d 332 (2007) (importance of written notification under 2-102(a-5))
- In re Mary Ann P., 202 Ill.2d 393 (2002) (statutory interpretation of 2-102(a-5) and capacity assessment)
- In re Michelle J., 209 Ill.2d 428 (2004) (statutory construction; due process in involuntary treatment)
- In re C.E., 161 Ill.2d 200 (1994) (constitutional liberty interest and strict construction in involuntary treatment)
- In re Israel, 278 Ill.App.3d 24 (1996) (factors for capacity to make a reasoned decision under 2-107.1(a-5)(4)(E))
- In re Alaka W., 379 Ill.App.3d 251 (2008) (strict construction and liberty interests in involuntary medication)
