Appellate Court of Illinois

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In re John N., 3-06-0512

An order subjecting petitioner to emergency involuntary admission to a mental health facility and denying a petition for discharge are affirmed where: 1) the state proved by clear and convincing evidence that the respondent was mentally ill and that he posed a reasonable risk of inflicting serious physical harm to himself or another and that no less restrictive alternative was appropriate; and 2) the petitioner failed to establish a prima facie case for discharge. However, the court's order for involuntary administration of psychotropic medication is reversed where the court's order does not designate the persons authorized to administer the treatment and as such does not strictly comply with the appropriate statute.

Appellate Information

  • Decided 06/05/2008
  • Published 06/05/2008

Judges

  • Presiding Justice LYTTON delivered the Opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Cynthia Z. Tracy (Court-appointed), Guardianship & Advocacy Commission, Peoria, for John N., Lawrence M. Bauer, Deputy Director, Judith Z. Kelly, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for the People.