In re Charles G.

              1
Rule 23 order filed NO. 5-05-0686
December 3, 2007;
Motion to publish granted IN THE
January 17, 2008.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
In re CHARLES G., a Person Found ) Appeal from the
Subject to Judicial Admission ) Circuit Court of
) Madison County.
(The People of the State of Illinois, )
)
Petitioner-Appellee, )
)
v. ) No. 05-MH-191
)
Charles G., ) Honorable
) Clarence W. Harrison II,
Respondent-Appellant). ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
This is the second time this case has been before us. The first time we reviewed this
matter, we dismissed the appeal of respondent, Charles G., in a summary order pursuant to
Supreme Court Rule 23(c)(3) (166 Ill. 2d R. 23(c)(3)) on the basis that his appeal was moot.
The Illinois Supreme Court denied leave to appeal but entered a supervisory order in which
it directed us to vacate our summary order, reinstate the appeal, and decide respondent's
appeal on the merits. In re Charles G., 225 Ill. 2d 633, 873 N.E.2d 941 (2007). For the
following reasons, we now reverse the trial court's order finding respondent to be a person
subject to judicial admission.
BACKGROUND
Respondent, age 40 and mildly retarded, voluntarily admitted himself into the Alton
Mental Health Center (Alton). Respondent later requested a discharge. In response to his
request for a discharge, a social worker filed a commitment petition. The petition alleged
respondent was a person subject to involuntary admission for mental health treatment