Department of Mental Health & Developmental Disabilities v. Smith

The State of Illinois, Department of Mental Health and Developmental Disabilities (the Department) appeals from the dismissal of its action against the estate of Nicholas R. Smith (Nicholas) in the circuit court of Saline County. The Department’s petition sought recovery of $35,328.80 from the estate for the period from October 5, 1977, through August 31, 1980, during which Nicholas allegedly was a resident at the A.L. Bowen Developmental Center (Bowen). That amount was assessed at a rate of $31.60 per day or $948 per month. During the bench trial, at the close of the Department’s evidence,…