{ "id": 3576510, "name": "In re PATRICIA PRICE (The People of the State of Illinois, Petitioner-Appellee, v. Patricia Price, Respondent-Appellant)", "name_abbreviation": "In re Price", "decision_date": "1987-03-03", "docket_number": "No. 4\u201486\u20140499", "first_page": "960", "last_page": "962", "citations": [ { "type": "official", "cite": "152 Ill. App. 3d 960" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "502 N.E.2d 72", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "150 Ill. App. 3d 673", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3502791 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/150/0673-01" ] }, { "cite": "465 N.E.2d 98", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1986, "opinion_index": 0 }, { "cite": "102 Ill. 2d 314", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3156678 ], "year": 1986, "opinion_index": 0, "case_paths": [ "/ill-2d/102/0314-01" ] }, { "cite": "499 N.E.2d 1032", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "148 Ill. App. 3d 741", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3643677 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/148/0741-01" ] }, { "cite": "493 N.E.2d 662", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "143 Ill. App. 3d 836", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 5668364 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/143/0836-01" ] }, { "cite": "499 N.E.2d 101", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "148 Ill. App. 3d 84", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3643026 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/148/0084-01" ] } ], "analysis": { "cardinality": 308, "char_count": 4640, "ocr_confidence": 0.764, "pagerank": { "raw": 2.1968835807265502e-07, "percentile": 0.7746689092684554 }, "sha256": "399fe2cbc1fa1a4f96648e3268aa2411e5f4844f6cde157a7ad775a1645524e2", "simhash": "1:6c7030cd9f424904", "word_count": 732 }, "last_updated": "2023-07-14T16:53:41.650258+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re PATRICIA PRICE (The People of the State of Illinois, Petitioner-Appellee, v. Patricia Price, Respondent-Appellant)." ], "opinions": [ { "text": "PRESIDING JUSTICE SPITZ\ndelivered the opinion of the court;\nOn July 7, 1986, the respondent, Patricia Price, was voluntarily admitted to the Andrew McFarland Mental Health Center in Springfield, after being transferred from Brokaw Hospital in Bloomington. The record contains no request for release by respondent.\nOn July 10, 1986, a petition for the involuntary admission of respondent was executed, but not filed. Also on July 10, 1986, respondent was examined by two psychiatrists for purposes of certification. Both psychiatrists executed the certificates that day.\nThe record contains a \u201cNotice of Hearing\u201d concerning the respondent. This notice states that a hearing was to be held on July 11, 1986, at 9 a.m. The notice lists the respondent\u2019s name in the caption portion thereof, and also indicates the name and address of an attorney. The \u201cReturn\u201d portion of the notice is completely blank. However, the bottom portion of the notice contains an attestation which states that it was served \u201cupon the above-named person(s) by delivering a true copy thereof to each of them.\u201d This attestation is signed, notarized, and dated July 10,1986.\nOn the following day, July 11, 1986, the petition for involuntary admission, the requisite two certificates signed by the psychiatrist and the notice of hearing were filed in the circuit court of Sangamon County. The hearing was then held that same day. The State called one witness, a psychiatrist, and the respondent testified in her own behalf. At the conclusion of the hearing the circuit court declared respondent to be a person subject to involuntary admission and ordered that she be hospitalized with the Department of Mental Health and Developmental Disabilities at McFarland Zone Center. Respondent now appeals. The record indicates that respondent was discharged from McFarland Mental Health Center on September 10,1986.\nRespondent advances two contentions on appeal, either of which would warrant reversal. The State is in total agreement with the respondent.\nFirst, the parties point out that the notice of hearing on the petition for respondent\u2019s involuntary admission obviously was served prior to the time that the petition was filed in the circuit court. Thus, respondent was never properly served with notice of the hearing. In mental-health cases, the need for strict compliance with the relevant statutory provisions is compelling, as liberty interests are involved. (In re Satterlee (1986), 148 Ill. App. 3d 84, 499 N.E.2d 101.) Any noncompliance with statutory, prescribed involuntary-commitment procedures renders the judgment entered in such a cause erroneous and of no effect. (In re Whittenberg (1986), 143 Ill. App. 3d 836, 493 N.E.2d 662.) The Mental Health and Developmental Disabilities Code (Code) clearly provides that after the filing of the second certificate in support of a petition for involuntary admission, the court shall direct that notice of the time and place of the hearing be served upon the respondent and his attorney, among others. (Ill. Rev. Stat. 1985, ch. 91\u00bd, par. 3 \u2014 706.) Where, as here, there is no affirmative indication of record that respondent was properly served with notice of the hearing on the petition for involuntary admission, in compliance with section 3 \u2014 706 of the Code (Ill. Rev. Stat. 1985, ch. 91\u00bd, par. 3 \u2014 706), then the circuit court\u2019s order will be reversed. See In re King (1986), 148 Ill. App. 3d 741, 499 N.E.2d 1032.\nNext, the parties point out that at the time of the involuntary-hospitalization proceedings, respondent was a voluntarily admitted patient and had not made an unrevoked request to be discharged. The supreme court has held that in the case of a voluntarily admitted patient, involuntary-admission proceedings must be preceded by a voluntary patient\u2019s request for release. (See In re Hays (1984), 102 Ill. 2d 314, 465 N.E.2d 98; see also In re Macedo (1986), 150 Ill. App. 3d 673, 502 N.E.2d 72.) While there is an exception to this rule, it is inapplicable here. Therefore, the order of the circuit court of Sangamon County involuntarily admitting respondent is reversed.\nReversed.\nLUND and KNECHT, JJ., concur.", "type": "majority", "author": "PRESIDING JUSTICE SPITZ" } ], "attorneys": [ "Jeff Plesko and Michael B. McClure, both of Guardianship & Advocacy Commission, of Springfield, for appellant.", "Donald M. Cadagin, State\u2019s Attorney, of Springfield (Kenneth R. Boyle, Robert J. Biderman, and Linda Cullom, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." ], "corrections": "", "head_matter": "In re PATRICIA PRICE (The People of the State of Illinois, Petitioner-Appellee, v. Patricia Price, Respondent-Appellant).\nFourth District\nNo. 4\u201486\u20140499\nOpinion filed March 3, 1987.\nJeff Plesko and Michael B. McClure, both of Guardianship & Advocacy Commission, of Springfield, for appellant.\nDonald M. Cadagin, State\u2019s Attorney, of Springfield (Kenneth R. Boyle, Robert J. Biderman, and Linda Cullom, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People." }, "file_name": "0960-01", "first_page_order": 982, "last_page_order": 984 }