In re Lance H.

Lance, 53 years old, has spent much of his adult life incarcerated or institutionalized. After being paroled in 1997, he was admitted to mental health facilities 15 times before the involuntary admission at issue. In 2008 after serving a sentence for parole violations, he was involuntarily admitted to Chester Mental Health Center (CMHC). A 2011 petition included a certificate by a CMHC staff psychiatrist that described threats, violent acts, resisting treatment, and inappropriate behaviors. At the commitment hearing a CMHC social worker, testified that he had interviewed Lance and those treating him, had reviewed the clinical file, that Lance has “an Axis I diagnosis of schizoaffective disorder, bipolar type, paraphilia NOS, history of noncompliance with the medications, and an Axis II diagnosis of antisocial personality disorder,” that Lance displayed “delusional thought content which is grandiose, paranoid, and persecutory in nature,” that he had periodic inappropriate sexual conduct, that he engaged in acts of verbal and physical aggression, and that he was noncompliant with medication. Lance appealed his involuntary admission, arguing the court violated the Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100, by disregarding his request, in testimony, to be voluntarily admitted. The appellate court ruled more than nine months after the term of commitment ended and reversed. The Illinois Supreme Court reinstated the trial court ruling, The Mental Health Code does not require a ruling for or against voluntary admission, based on an in-court request for voluntary admission during a hearing for involuntary admission, nor does it require a court to sua sponte continue a proceeding for involuntary admission upon such a request. View "In re Lance H." on Justia Law