In re David S.

              1
NOTICE
Decision filed 11/18/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-07-0616
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
In re DAVID S., a Person Asserted to Be ) Appeal from the
Subject to Involuntary Administration of ) Circuit Court of
Psychotropic Medication ) Madison County.
)
(The People of the State of Illinois, ))
Petitioner-Appellee, ))
v. ) No. 07-MH-157
)
David S., ) Honorable
) Nelson Metz,
Respondent-Appellant). ) Judge, presiding.
________________________________________________________________________
JUSTICE CHAPMAN delivered the opinion of the court:
David S. appeals from the trial court's September 11, 2007, judgment concluding that
he was subject to the involuntary administration of psychotropic medication and subject to
testing necessary to determine the safe and effective administration of those psychotropic
medications. We reverse.
The mental health of David S., a Clinton County resident, deteriorated in March 2006
when he was found guilty of violating an order of protection. Certain symptoms had been
evident for the previous 18 years, according to information provided by his wife. At some
time before March 2006, David S.'s wife obtained an order of protection. David S. violated
this order. Between March 2006 and August 23, 2007, the date of the petition for the
involuntary administration of psychotropic medication, David S. was arrested two other times
for violating that order of protection. David S. and his wife have children together. Because
of these mental issues, David S. was only able to see his children if in the company and