In re Lance H.

Summary

The Illinois Supreme Court held that a circuit court did not err by failing to act on a respondent’s oral statement during an involuntary-admission hearing that he wanted to become a voluntary patient. Because counsel did not make a motion for a continuance or otherwise seek relief, the court was not required to sua sponte continue the hearing to permit a formal request for voluntary admission.

Holdings

1. The public-interest exception applies because the issue is of a public nature, requires authoritative guidance for courts and litigants, and is likely to recur.
2. Section 3-801 does not give the circuit court authority to grant or deny voluntary admission based on an in-court request made during an involuntary-admission hearing. Voluntary and involuntary admission are separate procedural tracks, and the facility director evaluates a request for voluntary admission.
3. The circuit court is not required to sua sponte continue an involuntary-admission proceeding when a respondent testifies that he wants voluntary admission but counsel makes no motion for a continuance.

Questions Presented

1. Whether the case, although moot because Lance H.'s 180-day commitment had ended, qualified for review under the public-interest exception to the mootness doctrine.
2. Whether section 3-801 of the Mental Health and Developmental Disabilities Code requires a circuit court to rule directly on a respondent's oral request for voluntary admission made during an involuntary-admission hearing.
3. Whether section 3-801 requires a circuit court to sua sponte continue an involuntary-admission proceeding so that the respondent may file a written application for voluntary admission.

Disposition

reversed