People v. Wilma T. (In re Wilma T.), Appeal Nos. 3–17–0155

2018 IL App (3d) 170155

103 N.E.3d 359

IN RE WILMA T.,

(The People of the State of Illinois, Petitioner–Appellee,

v.Wilma T., Respondent–Appellant).

Appeal Nos. 3–17–0155

3–17–0156

Appellate Court of Illinois, Third District.

Rule 23 Filed March 13, 2018

Motion to Publish Granted April 24, 2018

Opinion filed April 24, 2018

Veronique Baker and Kelly O. Phelps, of Illinois Guardianship & Advocacy Commission, of Springfield, for appellant.

John L. McGehee, State’s Attorney, of Rock Island (Patrick Delfino, Lawrence M. Bauer, and Jasmine D. Morton, of State’s Attorneys Appellate Prosecutor’s Office, of counsel), for the People.

JUSTICE WRIGHT delivered the judgment of the court, with opinion.

¶ 1 Respondent, Wilma T., appeals from the circuit court's orders for involuntary commitment and involuntary administration of psychotropic medication, arguing the court erred by granting (1) the order for involuntary commitment where she was a voluntarily admitted patient and did not file a written request for discharge, and (2) the order for involuntary administration of psychotropic medication where respondent was not presented written information about less restrictive alternatives to medication. We reverse.

¶ 2 FACTS

¶ 3 Respondent is a 62–year–old homeless woman. On January 26, 2017, respondent was brought to the emergency room at Trinity Hospital by the police after she was found in a home that was not her own. She voluntarily admitted herself to the Robert Young Mental Health Center (Robert Young) at the hospital.

¶ 4 On February 17, 2017, a nurse at Robert Young filed a petition for respondent's involuntary admission. The petition stated respondent had been a voluntary admittee, but had "submitted written notice of [her] desire to be discharged." The petition further stated respondent "threatens staff members," "is non-compliant with medications," "is in denial of her mental illness," and "believes she is pregnant" and married to Barack Obama. Respondent's request for discharge was not signed by respondent, but stated, "[p]atient requesting discharge, but refusing to sign." It was signed by three nurses. Simultaneously, Dr. Rickey L. Wilson filed a petition for the administration of psychotropic medications requesting that respondent receive 25 to 100 milligrams of Risperdal Consta because respondent refused medication, presented as a potential harm to others, and could not provide for her own safety in a less restrictive environment.

¶ 5 A hearing was held on the petition on March 2, 2017. Wilson was accepted as an expert in the field of psychiatry and general medicine. Wilson stated he was employed at Robert Young as a psychiatric hospitalist. He provided inpatient care for respondent and had seen her Monday through Friday since January 30, 2017. He had the opportunity to examine respondent and diagnosed her with chronic schizophrenia paranoid subtype. Wilson did not believe respondent was able to understand her need for treatment. He stated she refused to take medication, and he believed respondent could cause herself or others to be put into harm's way. He noted that he had observed her in an agitated state where she was threatening one of the nurses with a metal fork. Wilson did not believe respondent could care for her needs based, in part, on her recent, prior admissions at Robert Young, stating:

"I feel that because of her lack of insight she needs to be stabilized and improved before discharge. And in her present untreated condition, I do not feel that she could keep herself safe and provide for basic needs, and I base that on the fact that those three very rapid admissions prior to my arrival here, but that's in her records, showing that she could not sustain herself on an outpatient basis."

Wilson created a treatment plan for respondent, which included medication. He noted she was also attending groups, but they were "not making a difference in her mental state." When asked if he had considered alternative treatments for respondent, Wilson stated, "She has had community support services prescribed in the past. She never complied with that[.]" With the medication, Wilson hoped respondent would stabilize within six weeks to two months. He recommended she remain at an inpatient facility. He believed respondent's condition would deteriorate.

¶ 6 On cross-examination, Wilson was asked if respondent was in the facility voluntarily. Wilson stated, "She would not sign a five day notice for discharge. * * * But she would say that she might want to leave but then she would change her mind, so it would be considered voluntary." He further stated, "She would not sign the form, but there were two witnesses to her request to leave." The court granted the petition.

¶ 7 The case then proceeded to a hearing on the petition for administration of psychotropic medication. Wilson again testified as an expert and stated respondent has shown poor judgment and disruptive behavior. Based on Wilson's review of respondent's medical records, her symptoms continue because she does not take medication. He stated, "I believe that medication is warranted. She does have a history of partially responding to medication in the past." Wilson recommended Risperdal Consta injections every two weeks. He stated respondent had been on the medication previously. The appropriate response time for each of the medications was three months. Wilson stated he discussed the medication with respondent and the nurses gave her a pharmacy printout of side-effects, benefits, and risks of the proposed medication. When asked if he considered less restrictive alternatives to the medications, Wilson stated, "She is attending group therapy. It is not effective. I have offered her oral medications, which she has refused." There was no indication respondent was given written information regarding alternatives to the treatment. The court granted the petition.

¶ 8 ANALYSIS

¶ 9 On appeal, respondent argues, inter alia , that the court erred by granting (1) the petition for involuntary commitment where respondent was a voluntary patient and did not present written notice of her desire to be discharged, and (2) the petition for involuntary administration of psychotropic medication where she was not given written information regarding alternatives to the proposed treatment. The State argues this appeal should be dismissed as moot. We agree the appeal is moot, but find that the capable of repetition yet evading review exception to the mootness doctrine applies. We further find the court erred by granting the petitions based on noncompliance with the statutes regarding (1) involuntary admission of theretofore voluntarily admitted patients, and (2) written information of alternatives to the proposed psychotropic medication.

¶ 10 I. Mootness

¶ 11 At the outset, the State argues this appeal should be dismissed as moot. The 90–day involuntary commitment order that is the subject of this appeal has already expired. Therefore, this appeal is moot. In re Robert S. , 213 Ill. 2d 30, 45, 289 Ill.Dec. 648, 820 N.E.2d 424 (2004). Generally, courts of review do not decide moot questions, render advisory opinions, or consider issues where the result will not be affected by the court's decision. In re Alfred H.H. , 233 Ill. 2d 345, 351, 331 Ill.Dec. 1, 910 N.E.2d 74 (2009). However, there are certain exceptions to the mootness doctrine. Id. at 355–63, 331 Ill.Dec. 1, 910 N.E.2d 74. Whether one of these exceptions applies to the appeal must be determined on a case-by-case basis, considering the exception in light of the facts and claims raised. Id. at 355, 364, 331 Ill.Dec. 1, 910 N.E.2d 74.

¶ 12 Respondent urges us to consider her appeal under the capable of repetition yet evading review exception. "This exception applies when the complaining party demonstrates that (1) the challenged action is too short in duration to be fully litigated prior to its cessation and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again." In re Amanda H. , 2017 IL App (3d) 150164, ¶ 26, 413 Ill.Dec. 866, 79 N.E.3d 215. The State admits the first element is satisfied by the 90–day order. Thus, the only question is whether there is a reasonable expectation that respondent would be subject to the same action again. Id.

"To satisfy this criterion, there must be ‘a substantial likelihood that [an] issue presented in the instant case, and any resolution thereof, would have some bearing on a similar issue presented in a subsequent case’ involving the respondent. [Citation.] For example, if the respondent's appeal raises a constitutional issue or challenges the trial court's interpretation of a statute, the exception applies because the court's resolution of these issues could affect the respondent in subsequent commitment proceedings." Id. ¶ 27 (quoting Alfred H.H. , 233 Ill. 2d at 360, 331 Ill.Dec. 1, 910 N.E.2d 74 ).

¶ 13 Here, both of respondent's issues satisfy the second element. Respondent has a long history of mental illness, including prior hospitalizations in the same hospital. Wilson noted respondent had three recent, prior admissions to Robert Young before he was employed there. Respondent challenges the circuit court's interpretation of section 3–403 of the Mental Health and Developmental Disabilities Code (Code) ( 405 ILCS 5/3–403 (West 2016) ) regarding the petition for involuntary commitment filed while she was a voluntary patient. As respondent is a homeless woman whom the police have transported to the hospital on more than one occasion, it is substantially likely that such an issue will affect respondent in the future.

¶ 14 Moreover, we take judicial notice of our own recent case in which respondent challenged one of the same issues that she is raising here: the failure to provide her with written notification of the alternatives to the proposed treatment. In re Wilma T. , No. 3–16–0701 (2017) (unpublished summary order under Illinois Supreme Court Rule 23(...