In re Tommy B. ( 2007 )


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  •                           NO. 4-06-0690              Filed 4/18/07
    IN THE APPELLATE COURT
    OF ILLINOIS
    FOURTH DISTRICT
    In re: TOMMY B., a Person Found           )    Appeal from
    Subject to Involuntary Admission,         )    Circuit Court of
    THE PEOPLE OF THE STATE OF ILLINOIS,      )    Sangamon County
    Petitioner-Appellee,            )    No. 06MH474
    v.                              )
    TOMMY B.,                                 )    Honorable
    Respondent-Appellant.           )    George H. Ray,
    )    Judge Presiding.
    JUSTICE MYERSCOUGH delivered the opinion of the court:
    In July 2006, the trial court found respondent, Tommy
    B., subject to involuntary admission to a mental-health facility
    (405 ILCS 5/1-119(1), (2) (West 2004)).       Respondent appeals,
    arguing reversal is warranted because (1) the petition was
    defective, (2) no clear and convincing evidence supported respon-
    dent's involuntary commitment, and (3) hospitalization was not
    the least-restrictive treatment alternative.       We affirm.
    I. BACKGROUND
    On July 17, 2006, a licensed practical nurse at Memo-
    rial Medical Center (Memorial), Jolynne A. Ralston, filed a
    petition for the involuntary admission of respondent, a voluntary
    admittee who had filed a written notice requesting discharge.
    The petition alleged respondent was mentally ill and by reason of
    his mental illness (1) was reasonably expected to inflict serious
    physical harm upon himself or another in the near future, or (2)
    was unable to provide for his basic physical needs so as to guard
    himself from serious harm.     In support of those allegations,
    Ralston provided the following factual basis:
    "[Respondent] has a chronic mental ill-
    ness and is noncompliant with medication and
    mental[-]health services.    He has threatened
    staff.   He threatened to 'beat the shit[']
    out of a staff member.   He also attempted to
    hit staff[']s hand with phone receiver."
    Ralston left the following portion of the petition blank:
    "Listed below are the names and
    addresses of the spouse, parent, guardian, or
    surrogate decision maker, if any, and close
    relative or, if none, a friend of the respon-
    dent whom I have reason to believe may know
    or have any of the other names and addresses.
    If names and addresses are not listed below,
    the following describes my efforts to iden-
    tify and locate these individuals."
    The petition was accompanied by the certificates of two psychia-
    trists.
    The trial court set a hearing on the petition for July
    21, 2006.    On respondent's motion, and over the State's objec-
    - 2 -
    tion, the hearing was continued until July 28, 2006.
    At the hearing on June 28, 2006, psychiatrist James
    Black testified he was board certified and currently respondent's
    treating physician.   Dr. Black examined respondent on July 27,
    2006.   During the examination, respondent exhibited signs of
    mental illness, including delusions, pressured speech,
    grandiosity, increased energy, and difficulty with sleep.
    Respondent did not threaten anyone during that conversation.
    However, Dr. Black testified that during the hospital stay
    respondent had been threatening and insulting to others.
    Dr. Black diagnosed respondent with bipolar disorder
    with mania and psychosis.   Dr. Black believed, within a reason-
    able degree of medical certainty, that because of his mental
    illness, respondent was unable to provide for his basic physical
    needs so as to guard himself from serious harm.   Dr. Black
    testified that respondent had a number of potentially life-
    threatening medical disorders, including recurrent renal cell
    carcinoma, right periaortic mass of cancer, severe papillary
    thyroid disease, and chronic renal failure (hereinafter referred
    to as "nonpsychiatric medical disorders").   Respondent could not
    understand his medical risks, the treatments offered, and risks
    if he does not get treatment for his nonpsychiatric medical
    disorders.
    Dr. Black also believed, within a reasonable degree of
    - 3 -
    medical certainty, that respondent was reasonably expected to
    inflict serious physical harm upon himself or another within the
    immediate future.   Dr. Black testified that if respondent left
    his supervised setting, he would "fairly quickly decompensate and
    be dangerous to himself or others quickly."   He based this
    conclusion on the fact that respondent had done so on an almost
    daily basis at the hospital (presumably during his voluntary
    admission).   On a number of occasions, almost every day, respon-
    dent had threatened others, causing respondent to require re-
    straints and medications to stabilize him.
    In light of his opinions, Dr. Black believed respondent
    needed treatment.   A treatment plan had been formulated and was
    admitted into evidence without objection for the limited purpose
    of the dispositional hearing.   According to Dr. Black, the
    treatment plan was the least-restrictive alternative.   Based on
    the treatment plan, Dr. Black recommended respondent be treated
    at Memorial for a period not to exceed 90 days.
    Dr. Black did not testify in detail regarding the
    treatment plan.   However, an examination of the treatment plan
    reveals that respondent's plan of care had been revised to
    require restriction to his room with supervision to be evaluated
    daily.   The July 24, 2006, progress report indicates that due to
    respondent's threatening behavior, inability to comply with limit
    setting, and actual staff assaults, respondent was restricted to
    - 4 -
    his room or under staff supervision outside of his room.   No one
    was permitted to enter respondent's room alone.   Any threats of
    harm to others would result in seclusion or restraints.
    On cross-examination, Dr. Black admitted that in some
    cases psychosis could be caused by thyroid disease.   However, Dr.
    Black did not believe thyroid disease caused respondent's psycho-
    sis.
    The delusions respondent suffered from included respon-
    dent's belief that he had been a pharaoh and that bullets could
    pass through him.   When asked what delusion would place respon-
    dent or another in serious physical harm, Dr. Black responded
    that respondent refused treatment for his cancer.   Dr. Black
    later explained, however, that respondent had not been offered
    treatment for his cancer at this point but had only been offered
    diagnostic studies.
    According to Dr. Black, respondent had interfered with
    treatment for his thyroid disease by pulling out his IV (intrave-
    nous) and heart-rhythm monitor.   Other examples of delusional
    beliefs that placed respondent or another in serious harm in-
    cluded respondent's belief that he was going to live forever and
    delusions that caused respondent to attack other patients and
    threaten to kill staff.
    Dr. Black testified respondent currently received
    treatment from physicians and other personnel in oncology, renal,
    - 5 -
    endocrinology, and nutrition.    Respondent could not be discharged
    to a medical floor to obtain that treatment because he was too
    mentally ill.    If respondent were on a medical floor, his behav-
    ior would be too much for them to manage, and respondent would be
    unsafe.
    Respondent took his psychiatric medication some of the
    time.    Respondent's last incident of assaultive behavior occurred
    the previous weekend.     After that, Dr. Black started a new
    behavioral program and confined respondent to his room.    Respon-
    dent had been doing better under the new program.
    Respondent, who was represented by counsel, testified
    on his own behalf.    When asked if he would like to say anything
    regarding the allegations of aggression, respondent explained two
    incidents.    On one occasion, an orderly or nurse named David kept
    pushing respondent.    Respondent told David he was going to his
    room and not to push him anymore.    When David pushed him again,
    they "tussled" and went down on the floor.    Another staff member,
    Joe, came and grabbed respondent's arm.    Respondent told Joe that
    if Joe broke respondent's arm, respondent would take his eyes
    out.    Joe let go of respondent's arm.   Respondent testified the
    other incident happened the same way.     Respondent stated he was
    not going to be pushed around when he was going in the direction
    he was supposed to be going.
    Respondent testified he was originally a voluntary
    - 6 -
    patient.    He first went to St. John's Hospital because of kidney
    failure.    After his release, he and his wife had a "series of
    incidents."    They were supposed to get a divorce that Friday.
    Respondent ended up back at the hospital.     At Memorial, he was
    treated for kidney failure.     Respondent did not testify as to the
    specific dates when these events occurred.
    When asked if he was taking the medications prescribed,
    respondent answered as follows:
    "I am taking it to the best of my abil-
    ity, sir; because they didn't always tell me
    what I did.   He had not even mentioned I had
    a Christmas from Naked Mary Christmas Donner
    (Phonetic).   And she has worked with me for
    years.   I told him whenever I come to the
    hospital, I want it brought up to speed and
    her brought in."
    If discharged, respondent wanted to do one of two
    things.    Either he would go back to his business, Capitol Shoe
    Shine, for 28 days, or he would go to Barnes-Jewish Hospital in
    St. Louis for a second opinion.     Respondent was born in St.
    Louis, and his father and brother died there.
    Respondent did not know whether his nonpsychiatric
    medical conditions were terminal.     Respondent stated it was his
    right to decide whether he would get a second opinion or go to
    - 7 -
    hospice.
    Respondent testified he was no longer married because
    his wife divorced him when he went to Memorial.   Every time
    respondent went to the hospital, they offered him the option of
    having a power of attorney.   Respondent claimed the hospital
    insisted he have a power attorney due to his mental capacity.
    Respondent told them that he had no cancer in his brain.    The
    hospital told respondent they would take him to court to make
    sure he had a power of attorney.    Respondent did not testify
    whether he had in fact executed a power of attorney or had a
    substitute decision maker.
    When asked if he believed bullets could pass through
    him, respondent testified about an incident when two assailants
    tried to shoot him.   A man shot respondent point blank, and
    respondent had an out-of-body experience.    Respondent looked down
    from his body and saw the bullets pass through him.    Respondent
    also felt them go through him.    The bullets hit the assailant's
    girlfriend in the knee.   Respondent testified that if God pro-
    tects you, then bullets go through you.    However, he denied ever
    telling "that man" (presumably Dr. Black) that bullets could go
    through him.   Respondent also denied telling anyone that he would
    live forever or that he was a pharaoh.
    The trial court made the following finding:
    "Well, the [c]ourt finds that he is
    - 8 -
    mentally ill and that as a result of that he
    could be harmful to others.       Sounds like he
    is pretty harmful to himself if he doesn't
    cooperate with the treatment that he needs.
    He is not assisting in taking care of his
    basic needs.   I guess that would be basically
    the same argument.
    He will be ordered hospitalized in this
    facility which is the least-restrictive al-
    ternative at this time not to exceed ninety
    days."
    This appeal followed.
    II. ANALYSIS
    Initially, we note that this case is moot.         The under-
    lying judgment, entered by the trial court in July 2006, was
    limited to 90 days, which has passed.       However, this case falls
    within an exception to the mootness doctrine because the period
    for involuntary admission is too short to permit appellate review
    and the same actions will likely be taken against respondent in
    the future.   In re Barbara H., 
    183 Ill. 2d 482
    , 491-92, 
    702 N.E.2d 555
    , 559-60 (1998).
    Turning to the merits, respondent argues (1) the
    petition was deficient because it (a) neither listed the names
    and addresses of respondent's spouse, parent, guardian, substi-
    - 9 -
    tute decision maker, close relative, or friend nor described the
    steps petitioner took to diligently acquire that information; or
    (b) failed to contain the dates of the alleged occurrences; (2)
    no clear and convincing evidence warranted involuntary admission;
    and (3) hospitalization was not the least-restrictive treatment
    alternative.
    A. Sufficiency of the Petition
    Respondent argues that the petition was deficient
    because Ralston failed to comply with (1) section 3-601(b)(2) of
    the Mental Health and Developmental Disabilities Code (Code) (405
    ILCS 5/3-601(b)(2) (West 2004)), requiring the petition contain
    the names and addresses of respondent's spouse, parent, guardian,
    substitute decision maker, close relative, or friend or describe
    the steps petitioner took to diligently acquire that information;
    or (2) section 3-601(b)(1) of the Code requiring a detailed
    statement of the reason for involuntary admission, including the
    time and place of the occurrence (405 ILCS 5/3-601(b)(1) (West
    2004)).   Respondent's arguments raise a question of law that we
    review de novo.    In re Robert D., 
    345 Ill. App. 3d 769
    , 771, 
    803 N.E.2d 1067
    , 1070 (2004).
    Section 3-601(b)(2) requires a petition include the
    following:
    "The name and address of the spouse,
    parent, guardian, substitute decision maker,
    - 10 -
    if any, and close relative, or if none, the
    name and address of any known friend of the
    respondent whom the petitioner has reason to
    believe may know or have any of the other
    names and addresses.   If the petitioner is
    unable to supply any such names and
    addresses, the petitioner shall state that
    diligent inquiry was made to learn this in-
    formation and specify the steps taken."   405
    ILCS 5/3-601(b)(2) (West 2004).
    Strict compliance with statutory procedures is required in
    involuntary-commitment proceedings because such proceedings
    affect important liberty interests.     In re Louis S., 361 Ill.
    App. 3d 763, 768, 
    838 N.E.2d 218
    , 222 (2005).     However, reversal
    is not required for failure to strictly comply with the statutory
    procedures unless the respondent suffered prejudice.        Louis 
    S., 361 Ill. App. 3d at 768
    , 838 N.E.2d at 222.
    Respondent cites, among other cases, this court's
    decision in In re Wiessing, 
    229 Ill. App. 3d 737
    , 739, 
    593 N.E.2d 1137
    , 1138 (1992), in support of his claim that reversal is
    required.    In Wiessing, this court held that the failure to
    comply with section 3-601(b)(2) required reversal.        
    Wiessing, 229 Ill. App. 3d at 739
    , 573 N.E.2d at 1138.      A social-work consulta-
    tion report prepared a month before the petition was filed
    - 11 -
    indicated respondent had three siblings living in the town where
    he was hospitalized as well as three other siblings in Califor-
    nia, Florida, and New Mexico.    
    Wiessing, 229 Ill. App. 3d at 739
    ,
    593 N.E.2d at 1138.   Although respondent had little contact with
    his family, "there is no excuse for [the] failure to contact a
    close relative as required by the statute."    Wiessing, 229 Ill.
    App. 3d at 
    739, 593 N.E.2d at 1138
    .
    After Wiessing, the Illinois Supreme Court decided In
    re Nau, 
    153 Ill. 2d 406
    , 
    607 N.E.2d 134
    (1992).   Although ad-
    dressing the failure to strictly comply with the requirement
    under section 3-611 (Ill. Rev. Stat. 1989, ch. 91 1/2, par. 3-
    611) regarding notice to the respondent, the supreme court held
    that procedural deviations from the Code do not require reversal
    if the defects could have and should have been objected to
    immediately, could have been easily cured if objected to immedi-
    ately, and made no difference.    
    Nau, 153 Ill. 2d at 419
    , 607
    N.E.2d at 140.
    Thereafter, this court, while noting that strict
    compliance with the statute is required, has found that reversal
    for failure to strictly comply with section 3-601(b)(2) of the
    Code is not warranted unless the respondent suffered prejudice.
    See In re Adams, 
    239 Ill. App. 3d 880
    , 883-85, 
    607 N.E.2d 681
    ,
    683-84 (1993) (finding the failure to strictly comply with
    section 3-601(b)(2) does not always require reversal if it could
    - 12 -
    be shown that no prejudice to the respondent occurred); In re
    Robinson, 
    287 Ill. App. 3d 1088
    , 1095, 
    679 N.E.2d 818
    , 823 (1997)
    (the failure to strictly comply with section 3-601(b)(2) did not
    require reversal because respondent failed to object to the
    alleged errors in the trial court, and the respondent was not
    prejudiced).
    In the instant case, we likewise find respondent
    suffered no prejudice.    Respondent failed to object to the
    alleged deficiency at the initial setting as well as the contin-
    ued hearing.    Moreover, although no report was attached to the
    petition as was the case in Robinson, respondent has nonetheless
    failed to show prejudice.    In Robert D., 
    345 Ill. App. 3d 769
    ,
    771, 
    803 N.E.2d 1067
    ,1069-70 (2004), the State failed to list a
    substitute decision maker in the petition or state that a dili-
    gent inquiry had been made to determine if the respondent had
    one.    Although the respondent failed to object to the deficiency
    at trial, the Second District refused to apply the forfeiture
    doctrine.    Robert 
    D., 345 Ill. App. 3d at 772-73
    , 803 N.E.2d at
    1071.    Nonetheless, the court found that reversal was not re-
    quired because the respondent never alleged, at trial or on
    appeal, that he executed a health care power of attorney or
    declaration for mental-health treatment or that a substitute
    decision maker existed.     Robert 
    D., 345 Ill. App. 3d at 773
    , 803
    N.E.2d at 1071; see also, e.g., In re Jill R., 336 Ill. App. 3d
    - 13 -
    956, 965, 
    785 N.E.2d 46
    , 53 (2003) (Fourth District) (finding
    that involuntary-administration-of-psychotropic-medication
    petition's failure to state whether the petitioner made a good-
    faith effort to determine whether the respondent had executed a
    health care power of attorney or a declaration for mental-health
    treatment was harmless because neither the record not the respon-
    dent's brief on appeal indicated such instruments existed).
    Such reasoning is equally applicable here.   Although
    respondent asserts in his brief that his "liberty interests were
    prejudicially violated," he identifies no potential family member
    who could have been listed or ascertained upon diligent inquiry.
    The record does contain a psychiatric social service assessment
    dated March 3, 2006, and attached to the treatment plan.     Accord-
    ing to that report, respondent's wife was supportive, his mother
    lived in Maryland, and he had family in St. Louis.    However,
    respondent testified at the hearing that he and his wife had
    divorced.    Nothing in the record or in the briefs on appeal
    indicate that this is incorrect.    Further, respondent fails to
    identify on appeal anyone--including his mother or family members
    in St. Louis--that could have or should have been listed.
    Moreover, respondent never testified or asserted on appeal that
    he had executed a power of attorney.
    This court has recently been flooded with appeals for
    alleged deficiencies to involuntary-commitment petitions.
    - 14 -
    Throughout the commitment process, numerous individuals review
    the petition, including the person who completes the petition,
    the facility director, the circuit clerk, the attorney for the
    State, the attorney for the respondent, and the trial judge.      Yet
    not one person noticed the petition is missing required informa-
    tion.   If discovered at trial, these alleged deficiencies could
    be addressed and avoid needless appeals.    Compliance with the
    requirements of the Code would save countless resources.
    Respondent also argues the petition was deficient for
    failing to contain the dates of the alleged occurrences.    Section
    3-601(b)(1) of the Code requires a petition contain:
    "A detailed statement of the reason for
    the assertion that the respondent is subject
    to involuntary admission, including the signs
    and symptoms of a mental illness and a de-
    scription of any acts, threats, or other
    behavior or pattern of behavior supporting
    the assertion and the time and place of their
    occurrence."   405 ILCS 5/3-601(b)(1) (West
    2004).
    Here, the petition alleged respondent had threatened staff and
    attempted to hit a staff member at Memorial.    The petition did
    not allege the date of the occurrences.    However, the alleged
    deficiency was harmless.    See, e.g., In re Sharon L.N., 368 Ill.
    - 15 -
    App. 3d 1177, 1186, 
    859 N.E.2d 627
    , 634 (2006) (alleged deficien-
    cies in petition that failed to contain factual allegations was
    harmless where the respondent failed to object, the information
    was substantially contained in the medical certificates filed
    with the petition, a doctor testified at the hearing regarding
    those allegations, and respondent was familiar enough with the
    allegations to testify about them on her own behalf).   Specifi-
    cally, the medical certificates attached to the petition de-
    scribed threats and an actual assault of a nurse.   At the hear-
    ing, the trial court heard allegations relating to respondent's
    threats and attempts to assault staff members.   Respondent
    testified on his own behalf regarding two specific occasions,
    respondent's assault of one staff member and the threat toward
    another.   Clearly, respondent suffered no prejudice for the
    failure to contain specific dates regarding the alleged incidents
    as he was familiar enough with the allegations to testify about
    them on his own behalf and did not dispute the dates.   On these
    facts, the alleged procedural error was harmless.
    B. Involuntary Commitment
    Respondent next argues that the State failed to prove
    by clear and convincing evidence that (1) respondent was
    reasonably expected to inflict serious physical harm upon himself
    or another in the near future, (2) respondent was unable to
    provide for his basic physical needs, and (3) hospitalization was
    - 16 -
    the least-restrictive treatment alternative.
    A trial court's finding that a person is subject to
    involuntary admission will not be reversed unless it is against
    the manifest weight of the evidence.    In re Jakush, 
    311 Ill. App. 3d
    940, 944, 
    725 N.E.2d 785
    , 789 (2000).     This court gives great
    deference to the trial court's findings because the trial court
    had the opportunity to see the witnesses, hear their testimony,
    determine their credibility, and weigh the evidence.     In re
    Carmody, 
    274 Ill. App. 3d 46
    , 50, 
    653 N.E.2d 977
    , 981 (1995).
    1. Threat of Harm
    A person is subject to involuntary commitment when the
    evidence is clear and convincing that he suffers from a mental
    illness and because of that mental illness is "reasonably ex-
    pected to inflict serious physical harm" on himself or another in
    the near future.   405 ILCS 5/1-119(1) (West 2004); In re Moore,
    
    292 Ill. App. 3d 1069
    , 1071, 
    686 N.E.2d 641
    , 643 (1997).    To meet
    its burden, the State must submit "explicit medical testimony"
    that the respondent is reasonably expected to be a serious danger
    to herself or others as a result of her mental illness.     In re
    James, 
    191 Ill. App. 3d 352
    , 355, 
    547 N.E.2d 759
    , 760 (1989).
    Proof of a mental illness, by itself, is not sufficient to
    warrant involuntary admission.   In re Grimes, 
    193 Ill. App. 3d 119
    , 124, 
    549 N.E.2d 616
    , 619 (1990).   The State need not,
    however, prove that the respondent is "a definite danger to
    - 17 -
    himself or society."     
    Grimes, 193 Ill. App. 3d at 124
    , 549 N.E.2d
    at 619.   "A commitment order should be affirmed where there is
    evidence of prior conduct along with evidence that the respondent
    remains in need of mental treatment."     In re Robert H., 302 Ill.
    App. 3d 980, 986-87, 
    707 N.E.2d 264
    , 269 (1999).     The court need
    not wait until respondent actually hurts himself or another
    before involuntarily committing him.     In re Manis, 
    213 Ill. App. 3d
    1075, 1077, 
    572 N.E.2d 1213
    , 1214 (1991).
    Respondent argues that no clear and convincing evidence
    established that due to his mental illness, he was reasonably
    expected to harm himself or another.     According to respondent,
    Dr. Black simply speculated about respondent's "substantially
    expected dangerousness toward himself and others."     Respondent
    argues that absent direct evidence of dangerous events from any
    witnesses, respondent's conduct might have been misconstrued.
    To the contrary, Dr. Black testified that upon examina-
    tion, respondent exhibited signs of mental illness, including
    delusions, pressured speech, grandiosity, increased energy, and
    difficulty with sleep.    Dr. Black also testified that during the
    hospital stay, respondent had threatened others.
    In Dr. Black's opinion, respondent was reasonably
    expected to inflict serious physical harm upon himself or another
    within the immediate future.    The basis for Dr. Black's conclu-
    sion was the fact that respondent had threatened others on an
    - 18 -
    almost daily basis at the hospital to the extent of requiring
    restraints and medications to stabilize him.    Dr. Black also
    testified that respondent's delusions caused him to attack other
    patients and threaten to kill staff.
    Dr. Black's testimony also supports the conclusion that
    respondent was reasonably expected to inflict serious physical
    harm upon himself.   Dr. Black testified that respondent had
    pulled out his IV and heart-rhythm monitor.    Respondent also
    believed he was going to live forever.   Respondent could not
    understand his medical risks, treatments offered, and risks if he
    did not get treatment for his serious nonpsychiatric medical
    disorders.
    Dr. Black's testimony was based, in part, on his review
    of the medical chart.   Such review was proper.   An expert may
    rely on documents prepared by others in formulating his opinion
    so long as the documents are a type commonly used in the expert's
    profession.   See In re Germich, 
    103 Ill. App. 3d 626
    , 629, 
    431 N.E.2d 1092
    , 1094-95 (1981); In re Houlihan, 
    231 Ill. App. 3d 677
    , 683, 
    596 N.E.2d 189
    , 194 (1992) (a treating psychiatrist's
    opinion of potential dangerousness need not be derived from
    firsthand observations of violence and may be based on knowledge
    of incidents derived from medical history records).    Moreover, a
    witness may use unsubstantiated evidence that is ordinarily
    hearsay to explain the basis of his opinion, so long as that
    - 19 -
    evidence is of the type reasonably relied upon by experts in the
    field.   In re Barnard, 
    247 Ill. App. 3d 234
    , 257, 
    616 N.E.2d 714
    ,
    730 (1993) (noting that an "expert may utilize otherwise inadmis-
    sible reports prepared by others in forming his opinion if the
    facts or data are of a type reasonably relied upon by experts in
    the particular field").
    Consequently, the trial court's determination that
    respondent was reasonably expected to inflict serious physical
    harm upon himself or another in the near future was not against
    the manifest weight of the evidence.
    2. Basic Needs
    Because we have found that it was not against the
    manifest weight of the evidence for the trial court to conclude
    that respondent was reasonably expected to inflict serious
    physical harm upon himself or another in the near future, we need
    not address whether respondent was unable to provide for his
    basic physical needs.
    C. Least-Restrictive Treatment Alternative
    Respondent last argues that the trial court's finding
    that hospitalization was the least-restrictive treatment alterna-
    tive was against the manifest weight of the evidence.    Respondent
    claims Dr. Black did not consider treatment other than hospital-
    ization.   Respondent points to the March 2006 psychiatric social
    service assessment that noted respondent was likely to return
    - 20 -
    home with his "supportive wife" and follow up with treatment at
    Southern Illinois University Behavioral Health.
    Section 3-811 of the Code provides in relevant part as
    follows:
    "If any person is found subject to in-
    voluntary admission, the court shall consider
    alternative mental health facilities which
    are appropriate for and available to the
    respondent, including but not limited to
    hospitalization.   The court may order the
    respondent to undergo a program of hospital-
    ization in a mental[-]health facility desig-
    nated by the Department, in a licensed pri-
    vate hospital or private mental[-]health
    facility if it agrees *** or the court may
    order the respondent to undergo a program of
    alternative treatment; or the court may place
    the respondent in the care and custody of a
    relative or other person willing and able to
    properly care for him or her.   The court
    shall order the least[-]restrictive alterna-
    tive for treatment which is appropriate."
    405 ILCS 5/3-811 (West 2004).
    The State must prove that hospitalization is the least-restric-
    - 21 -
    tive alternative.    In re Luttrell, 
    261 Ill. App. 3d 221
    , 226, 
    633 N.E.2d 74
    , 78 (1994).   To do so, it must do more than produce an
    expert who opines that commitment is the least-restrictive means;
    it must show that the expert's opinion is supported by evidence.
    
    Luttrell, 261 Ill. App. 3d at 227
    , 633 N.E.2d at 78.
    In the instant case, no evidence suggests that a
    relative or other person was willing to care for respondent.       The
    report to which respondent refers was apparently created before
    respondent's divorce from his wife.     The report identifies no
    other family member willing to care for respondent.
    Moreover, the evidence demonstrated outpatient treat-
    ment was not an option.   Dr. Black testified that respondent
    threatened and assaulted others to the point of requiring re-
    straints and being confined to his room.     Dr. Black actually
    considered whether respondent could receive his nonpsychiatric
    medical treatment outside of the psychiatric wing of the hospital
    but concluded he could not due to his behavior.     Dr. Black also
    testified that if respondent left a supervised setting, he would
    "fairly quickly decompensate and be dangerous to himself or
    others quickly."    Given this evidence, the trial court's determi-
    nation that hospitalization was the least-restrictive treatment
    alternative was not against the manifest weight of the evidence.
    III. CONCLUSION
    For the reasons stated herein, we affirm the trial
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    court's order finding respondent subject to involuntary admis-
    sion.
    Affirmed.
    McCULLOUGH and COOK, JJ., concur.
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