Are Bifurcated Hearings Required In Involuntary Involuntary Mental Health Admission Cases ?
In In re Robert R., 338 Ill. App. 3d 343, 788 N.E.2d 122, 272 Ill. Dec. 818 (2003) the court held that section 3-810 of the Mental Health and Developmental Disabilities Code was inapplicable to involuntary administration of psychotropic medication cases. In re Robert R., 338 Ill. App. 3d at 354.
However, contrary to respondent's assertion, In re Robert R. does not stand for the proposition that a bifurcated hearing is required in involuntary admission cases.
While the State in In re Robert R. argued that section 3-810 of the Code requires two separate hearings, the court merely concluded that section 3-810 of the Code did not apply because involuntary admission cases, unlike involuntary medication cases, require a trial court to make a "bifurcated finding" regarding admission and treatment. See In re Robert R., 338 Ill. App. 3d at 353-54.