Illinois General Assembly - Full Text of HB3709
Illinois General Assembly

Previous General Assemblies

Full Text of HB3709  100th General Assembly

HB3709ham002 100TH GENERAL ASSEMBLY

Rep. Litesa E. Wallace

Filed: 3/31/2017

 

 


 

 


 
10000HB3709ham002LRB100 10929 RLC 24697 a

1
AMENDMENT TO HOUSE BILL 3709

2    AMENDMENT NO. ______. Amend House Bill 3709 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-501 as
6follows:
 
7    (405 ILCS 5/3-501)  (from Ch. 91 1/2, par. 3-501)
8    Sec. 3-501. Minors 12 years of age or older request to
9receive counseling services or psychotherapy on an outpatient
10basis.
11    (a) Any minor 12 years of age or older may request and
12receive counseling services or psychotherapy on an outpatient
13basis. The consent of the minor's his parent, guardian, or
14person in loco parentis shall not be necessary to authorize
15outpatient counseling services or psychotherapy. The minor's
16parent, guardian or person in loco parentis shall not be

 

 

10000HB3709ham002- 2 -LRB100 10929 RLC 24697 a

1informed of such counseling or psychotherapy without the
2consent of the minor unless the facility director believes such
3disclosure is necessary. If the facility director intends to
4disclose the fact of counseling or psychotherapy, the minor
5shall be so informed. However, until the consent of the minor's
6parent, guardian, or person in loco parentis has been obtained,
7outpatient counseling services or psychotherapy provided to a
8minor under the age of 17 shall be initially limited to not
9more than 8 90-minute sessions 5 sessions, a session lasting
10not more than 45 minutes. The service provider shall consider
11the factors contained in subsection (a-1) of this Section
12throughout the therapeutic process to determine, through
13consultation with the minor, whether attempting to obtain the
14consent of a parent, guardian, or person in loco parentis would
15be detrimental to the minor's well-being. No later than the
16eighth session, the service provider shall determine and share
17with the minor the service provider's decision as described
18below:
19        (1) If the service provider finds that attempting to
20    obtain consent would not be detrimental to the minor's
21    well-being, the provider shall notify the minor that the
22    consent of a parent, guardian, or person in loco parentis
23    is required to continue counseling services or
24    psychotherapy.
25        (2) If the minor does not permit the service provider
26    to notify the parent, guardian, or person in loco parentis

 

 

10000HB3709ham002- 3 -LRB100 10929 RLC 24697 a

1    for the purpose of consent after the eighth session the
2    service provider shall discontinue counseling services or
3    psychotherapy and shall not notify the parent, guardian, or
4    person in loco parentis about the counseling services or
5    psychotherapy.
6        (3) If the minor permits the service provider to notify
7    the parent, guardian, or person in loco parentis for the
8    purpose of consent, without discontinuing counseling
9    services or psychotherapy, the service provider shall make
10    reasonable attempts to obtain consent. The service
11    provider shall document each attempt to obtain consent in
12    the minor's clinical record. The service provider may
13    continue to provide counseling services or psychotherapy
14    without the consent of the minor's parent, guardian, or
15    person in loco parentis if:
16            (A) the service provider has made at least 2
17        unsuccessful attempts to contact the minor's parent,
18        guardian, or person in loco parentis to obtain consent;
19        and
20            (B) the service provider has obtained the minor's
21        written consent.
22        (4) If, after the eighth session, the service provider
23    of counseling services or psychotherapy determines that
24    obtaining consent would be detrimental to the minor's
25    well-being, the service provider shall consult with his or
26    her supervisor when possible to review and authorize the

 

 

10000HB3709ham002- 4 -LRB100 10929 RLC 24697 a

1    determination under subsection (a) of this Section. The
2    service provider shall document the basis for the
3    determination in the minor's clinical record and may then
4    accept the minor's written consent to continue to provide
5    counseling services or psychotherapy without also
6    obtaining the consent of a parent, guardian, or person in
7    loco parentis.
8        (5) If the minor continues to receive counseling
9    services or psychotherapy without the consent of a parent,
10    guardian, or person in loco parentis beyond 8 sessions, the
11    service provider shall evaluate, in consultation with his
12    or her supervisor when possible, his or her determination
13    under this subsection (a), and review the determination
14    every 60 days until counseling services or psychotherapy
15    ends or the minor reaches age 17. If it is determined
16    appropriate to notify the parent, guardian, or person in
17    loco parentis and the minor consents, the service provider
18    shall proceed under paragraph (3) of subsection (a) of this
19    Section.
20        (6) When counseling services or psychotherapy are
21    related to allegations of neglect, sexual abuse, or mental
22    or physical abuse by the minor's parent, guardian, or
23    person in loco parentis, obtaining consent of that parent,
24    guardian, or person in loco parentis shall be presumed to
25    be detrimental to the minor's well-being.
26    (a-1) Each of the following factors must be present in

 

 

10000HB3709ham002- 5 -LRB100 10929 RLC 24697 a

1order for the service provider to find that obtaining the
2consent of a parent, guardian, or person in loco parentis would
3be detrimental to the minor's well-being:
4        (1) requiring the consent or notification of a parent,
5    guardian, or person in loco parentis would cause the minor
6    to reject the counseling services or psychotherapy;
7        (2) the failure to provide the counseling services or
8    psychotherapy would be detrimental to the minor's
9    well-being;
10        (3) the minor has knowingly and voluntarily sought the
11    counseling services or psychotherapy; and
12        (4) in the opinion of the service provider, the minor
13    is mature enough to participate in counseling services or
14    psychotherapy productively.
15    (a-2) The minor's parent, guardian, or person in loco
16parentis shall not be informed of the counseling services or
17psychotherapy without the written consent of the minor unless
18the service provider believes the disclosure is necessary under
19subsection (a) of this Section. If the facility director or
20service provider intends to disclose the fact of counseling
21services or psychotherapy, the minor shall be so informed and
22if the minor chooses to discontinue counseling services or
23psychotherapy after being informed of the decision of the
24facility director or service provider to disclose the fact of
25counseling services or psychotherapy to the parent, guardian,
26or person in loco parentis, then the parent, guardian, or

 

 

10000HB3709ham002- 6 -LRB100 10929 RLC 24697 a

1person in loco parentis shall not be notified. Under the Mental
2Health and Developmental Disabilities Confidentiality Act, the
3facility director, his or her designee, or the service provider
4shall not allow the minor's parent, guardian, or person in loco
5parentis, upon request, to inspect or copy the minor's record
6or any part of the record if the service provider finds that
7there are compelling reasons for denying the access. Nothing in
8this Section shall be interpreted to limit a minor's privacy
9and confidentiality protections under State law.
10    (b) The minor's parent, guardian, or person in loco
11parentis shall not be liable for the costs of outpatient
12counseling services or psychotherapy which is received by the
13minor without the consent of the minor's parent, guardian, or
14person in loco parentis.
15    (c) Counseling services or psychotherapy provided under
16this Section shall be provided in compliance with the
17Professional Counselor and Clinical Professional Counselor
18Licensing and Practice Act or the Clinical Psychologist
19Licensing Act.
20(Source: P.A. 86-922.)".