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MATTER OF JOHNSON

No. 76-444.

369 N.E.2d 70 (1977)

53 Ill. App.3d 921

11 Ill.Dec. 616

In the Matter of James JOHNSON, asserted to be mentally retarded, Respondent-Appellee. Appeal of ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Petitioner.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied November 21, 1977.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Chicago (William J. Fitzpatrick, Special Asst. Atty. Gen., of counsel), and Fredric J. Entin, Special Asst. Atty. Gen., for petitioner-appellant.

James J. Doherty, Public Defender of Cook County, Chicago (Judith A. Stewart, Asst. Public Defender, of counsel), for respondent-appellee.

Reva Schub, Mental Health Legal Services, Chicago (Edward B. Beis, Chicago, of counsel), for amicus curiae.

PERLIN, Justice.

A petition for the hospitalization of respondent, James Johnson, was filed on December 31, 1975, by the administrator of the nursing home (Meadows) in which respondent resided. (Ill. Rev. Stat. 1975, ch. 91½, par. 7-1.) Following a hearing on such petition, but prior to a final adjudication of respondent's need for hospitalization, the court below ordered the Illinois Department of Mental Health and Developmental Disabilities (Department) to...

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