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Case Law Update: Involuntary Medication

The 4th District in In re: A.W., No. 4-07-0489 (April 24, 2008) Sangamon County (STEIGMANN) reversed the trial court’s decision and held evidence was insufficient to prove that State followed required procedure before filing its petition for involuntary treatment of Respondent for schizo affective disorder by use of psychotropic medication; because testimony by psychiatrist that she placed written information about proposed medication, side effects and alternative treatment in Respondent’s box is insufficient. Further, testimony referring to proposed medication list with dosages up to certain amounts is insufficient. In addition, order is not sufficiently specific. However, it is not error to include in petition and order the proposed administration of Cogentin, a non psychotropic side effect reducing drug.

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