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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/3-819
(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
Sec. 3-819. (a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order
may authorize a relative or friend of the recipient to transport the recipient
to the facility if such person is able to do so safely and humanely. When
the Department indicates that it has transportation to the facility available,
the order may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such proceedings
are held to transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental health facility, and
it is determined by the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall determine whether
a relative or friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the county sheriff
is responsible for transporting the recipient between facilities. The sheriff
may make arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the facility. The
transporting entity acting in good faith and without negligence in connection
with the transportation of recipients shall incur no liability, civil or
criminal, by reason of such transportation.
(a-5) In counties with a population under 3,000,000, when a recipient is hospitalized upon court order, the order may authorize a relative or friend of the recipient to transport the recipient to the facility if the person is able to do so safely and humanely. The court may order the Department to transport the recipient to the facility. When a recipient is hospitalized upon court order, and the recipient has been transported to a mental health facility other than a State-operated mental health facility, and it is determined by the facility that the recipient is in need of commitment or treatment at another mental health facility, the court shall determine whether a relative or friend of the recipient is authorized to transport the recipient between facilities, or whether the Department is responsible for transporting the recipient between facilities. If the court determines that the Department is responsible for the transportation, the Department shall make arrangements either directly or through agreements with another public or private entity, including a licensed ambulance service, to appropriately transport the recipient to the facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the recipient is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the recipient and (ii) that the recipient's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation. A transporting entity acting in good faith and without negligence in connection with the transportation of a recipient incurs no liability, civil or criminal, by reason of that transportation.
(b) The transporting entity may
bill the recipient,
the estate of the recipient, legally responsible relatives, or insurance
carrier for the cost of providing transportation of the recipient to a mental
health facility. The recipient and the estate of the recipient are liable
for the payment of transportation costs for transporting the recipient to a
mental health facility. If the recipient is a beneficiary of a trust
described in Section 509 of the Illinois Trust Code, the trust shall
not be considered a part of the recipient's estate and shall not be subject
to payment for transportation costs for transporting the recipient to a
mental health facility under this section, except to the extent permitted
under Section 509 of the Illinois Trust Code. If the recipient is
unable to pay or if the estate of the recipient is insufficient, the
responsible relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been paid. If
the recipient is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the recipient's insurance
policy.
(c) Upon the delivery of a recipient to a facility, in accordance with the
procedure set forth in this Article, the facility director of the facility
shall sign a receipt acknowledging custody of the recipient and for any
personal property belonging to him, which receipt shall be filed with the clerk
of the court entering the hospitalization order.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22 .)
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405 ILCS 5/3-820
(405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820)
Sec. 3-820.
Domestic violence; order of protection.
An order
of protection, as defined in the Illinois Domestic Violence Act of 1986, may be
issued in conjunction
with a proceeding for involuntary commitment if the petition for an order
of protection alleges that a person who is party to or the subject of the
proceeding has been abused by or has abused a family or household member.
The Illinois Domestic Violence Act of 1986 shall govern the issuance,
enforcement, and recording of orders of protection issued
under this Section.
(Source: P.A. 92-16, eff. 6-28-01.)
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405 ILCS 5/Ch. III Art. IX
(405 ILCS 5/Ch. III Art. IX heading)
ARTICLE IX.
DISCHARGE RESTORATION TRANSFER
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405 ILCS 5/3-900 (405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900) Sec. 3-900. (a) Any person committed on an inpatient or outpatient basis on court order under this Chapter
or under any prior statute or any person on his behalf may file a petition for
discharge at any time in the court of the county where the recipient resides or
is found. (b) The petition shall set forth: (1) the name of the recipient; (2) the
underlying circumstances and date of the order; (3) a request for discharge
from the order; and (4) the reasons for such request. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
405 ILCS 5/3-901 (405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901) Sec. 3-901. (a) Upon the filing of a petition under Section 3-900 or
Section 3-906, the court shall set the matter for hearing to be held within
5 days, excluding Saturdays, Sundays, and holidays. The court shall direct
that notice of the time and place of the hearing be given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate. (b) Article VIII of this Chapter applies to hearings held under this
Section. The court shall
determine whether the recipient is: (i) subject to involuntary admission on an inpatient basis; (ii)
subject to involuntary admission on an outpatient basis; or (iii) not subject to involuntary
admission on either an inpatient or outpatient basis. If the court finds that the recipient is not subject to involuntary
admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability. A copy of any order discharging the recipient shall be given
to the recipient and to the facility director. (b-1) If the court determines that the recipient is subject to involuntary admission on an
outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812. (c) If the court determines that the recipient continues to be subject to
involuntary admission on an inpatient basis, the court may continue or modify its original order in
accordance with this Act. Thereafter, no new petition for discharge may be
filed without leave of court. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
405 ILCS 5/3-902 (405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902) Sec. 3-902. Director initiated discharge. (a) The facility director may at any time discharge an informal,
voluntary, or minor recipient who is clinically suitable for discharge. (b) The facility director shall discharge a recipient admitted upon court
order under this Chapter or any prior statute where he is no longer subject
to involuntary admission on an inpatient basis. If the facility director believes that continuing
treatment is advisable for such recipient, he shall inform the recipient of his
right to remain as an informal or voluntary recipient. If the facility director determines that the recipient is subject to involuntary admission
on an outpatient basis, he or she shall petition the court for such a commitment pursuant to this Chapter. (c) When a facility director discharges or changes the status of a recipient
pursuant to this Section he shall promptly notify the clerk of the court
which entered the original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the action taken in
the court record. If the person being discharged is a person under legal
disability, the facility director shall also submit a certificate regarding his
legal status without disability pursuant to Section 3-907. (d) When the facility director determines that discharge is appropriate
for a recipient pursuant to this Section or Section 3-403 he or she shall
notify the state's attorney of the county
in which the recipient resided immediately prior to his admission to a mental
health facility and the state's attorney of the county where the last
petition for commitment was filed at least 48 hours prior to the discharge when
either state's attorney has requested in writing such notification on that
individual recipient or when
the facility director regards a recipient as a continuing threat to the peace
and safety of the community. Upon receipt of such notice, the state's attorney
may take any court action or notify such peace officers that he deems
appropriate. When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403, he or she shall notify the person whose petition pursuant to Section 3-701 resulted in the current hospitalization of the recipient's discharge at least 48 hours prior to the discharge, if the petitioner has requested in writing such notification on that individual recipient. (e) The facility director may grant a temporary release to a recipient whose
condition is not considered appropriate for discharge where such release
is considered to be clinically appropriate, provided that the release does
not endanger the public safety. (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
405 ILCS 5/3-903
(405 ILCS 5/3-903) (from Ch. 91 1/2, par. 3-903)
Sec. 3-903.
(a) The facility director shall give written notice of discharge
from a Department mental health facility to the recipient, his attorney, and
guardian, if any, or in the case of a minor, to his attorney, to the parent,
guardian, or person in loco parentis who executed the application for
admission, to the resident school district when appropriate, and to the minor
if he is l2 years of age or older. The notice, except that to the school
district, shall include the reason for discharge and a statement of the right
to object. Whenever possible, this notice shall be given at least 7 days prior
to the date of intended discharge.
(b) A recipient may object to his discharge or his attorney or guardian
may object on his behalf. In the case of a minor, his attorney, the person
who executed the application or the minor himself if he is 12 years of age
or older may object to the discharge. Prior to discharge a written objection
shall be submitted to the facility director of the mental health facility
where the recipient is located. Upon receipt of an objection, the facility
director shall promptly schedule a hearing to be held within 7 days at the
facility pursuant to Section 3-207. No discharge shall proceed pending
hearing on an objection, unless the person objecting to the discharge consents
to discharge pending the outcome of the hearing.
(c) At the hearing the Department shall have the burden of proving that
the recipient meets the standard for discharge under this Chapter and under
Section 15 of the Mental Health and Developmental Disabilities Administrative
Act. If the utilization review committee finds
that the Department sustained its burden and that the proposed discharge is
based upon substantial evidence, it shall recommend that the discharge proceed.
If the utilization review committee does not so find, it shall recommend that
the recipient not be discharged but it may recommend that the recipient be
transferred to another mental health facility which can provide treatment
appropriate to the clinical condition and needs of the recipient. It may
recommend that the Department or other agency assist the person in obtaining
such appropriate treatment.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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405 ILCS 5/3-904
(405 ILCS 5/3-904) (from Ch. 91 1/2, par. 3-904)
Sec. 3-904.
Any person with mental illness admitted to a facility or placed
in the care and custody of another person under any prior statute of this
State is subject to this Chapter and may be discharged in accordance with
its provisions.
(Source: P.A. 88-380.)
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405 ILCS 5/3-905
(405 ILCS 5/3-905) (from Ch. 91 1/2, par. 3-905)
Sec. 3-905.
Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the court record.
(Source: P.A. 83-346.)
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405 ILCS 5/3-906
(405 ILCS 5/3-906) (from Ch. 91 1/2, par. 3-906)
Sec. 3-906.
(a) Any person who has been adjudicated to be a person under
legal disability in any proceedings under any prior mental health statute of
this State or any person on his behalf may file at any time a petition for
modification of the guardianship order of the court or for restoration to legal
status without disability. The petition may be filed in the court which
adjudicated the person to be under legal disability or in the court of the
county where he resides or is present. The petition may be accompanied by a
certificate of a physician, qualified examiner, or clinical psychologist or by
a notice of discharge issued pursuant to this Chapter. The certificate shall
indicate the extent to which the recipient is capable of managing his person
and estate. If no certificate accompanies the petition, the court may appoint
a physician, qualified examiner, or clinical psychologist to examine the
recipient and prepare a certificate regarding his status without disability.
(b) The procedures for conduct of hearings set forth in Article VIII of
this Chapter apply to hearings held under this Section.
(Source: P.A. 88-380.)
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405 ILCS 5/3-907
(405 ILCS 5/3-907) (from Ch. 91 1/2, par. 3-907)
Sec. 3-907.
Any person who is under legal disability
solely by reason
of a court order adjudicating him mentally ill entered prior to January
1, 1964, shall be deemed to be a person under no legal disability 180
days from the effective
date of this Act unless, prior to that date, a hearing is held pursuant
to the provisions of the Probate Act of 1975, approved August 7, 1975, as
now or hereafter amended, and a guardian is appointed.
(Source: P.A. 83-706.)
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405 ILCS 5/3-908
(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
Sec. 3-908. Application for transfer of recipient to another Department facility. (a) The facility director of any Department facility may transfer
a recipient to another Department facility if he determines the transfer to be
clinically advisable and consistent with the treatment needs of the recipient. (b) A recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. The Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. A recipient of services shall not include a person with the primary diagnosis of a developmental disability. (c) Upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days under Section 3-207. The hearing shall be held at the recipient's current facility. (d) At the hearing the recipient shall have the burden of proving that: (1) the facility to which the recipient is requesting | | a transfer to a less restrictive facility that provides treatment which is more clinically appropriate for the recipient. If the recipient refuses the transfer it shall be considered the same as if the recipient was denied a transfer and the recipient shall be prohibited from making another request for 180 days after the initial denial of transfer; and
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| (2) the transfer does not threaten the safety of the
| | If the utilization review committee finds that the recipient has sustained his burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. If it does not so find, it shall recommend that the recipient not be transferred. If the transfer to a less restricted facility cannot be executed due to lack of beds, the transferring facility shall inform the recipient and his petitioning attorney or guardian, in writing, and provide an estimated time frame for the transfer.
(e) If a recipient's application for transfer is denied, no application may be filed for 180 days. The recipient does, however, have the right to administratively appeal any decision of the utilization review committee.
(Source: P.A. 102-593, eff. 8-27-21.)
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405 ILCS 5/3-909
(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted
to alternative treatment or care and custody under Article VIII of this Chapter
may at any time petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to the care and
custody of a different person. His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf. If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody. Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities. Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities. Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may be ordered
under this Section. An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient.
(Source: P.A. 97-130, eff. 7-14-11.)
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405 ILCS 5/3-910
(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)
Sec. 3-910.
(a) Whenever a recipient who has been in a Department
facility for more than 7 days is to be transferred to another facility
under Section 3-908, the facility director of the facility shall give
written notice at least 14 days before the transfer to the recipient, his
attorney, guardian, if any, and responsible relative. In the case of a
minor, notice shall be given to his attorney, to the parent, guardian,
or person in loco parentis who executed the application for his
admission, and to the minor himself if he is 12 years of age or older.
The notice shall include the reasons for transfer, a statement of the
right to object and the address and phone number of the Guardianship and
Advocacy Commission. If the recipient requests, the facility director shall
assist him in contacting the Commission.
(b) In an emergency, when the health of the recipient or the physical
safety of the recipient or others is imminently imperiled and appropriate
care is not available where the recipient is located, a recipient may be
immediately transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48 hours after
transfer. The reason for the emergency shall be noted in the recipient's
record and specified in the notice.
(c) A recipient may object to his transfer or his attorney, guardian,
or responsible relative may object on his behalf. In the case of a
minor, his attorney, the person who executed the application for
admission, or the minor himself if he is 12 years of age or older, may
object to the transfer. Prior to transfer or within 14 days after an
emergency transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is located. Upon
receipt of an objection, the facility director shall promptly schedule a
hearing to be held within 7 days pursuant to Section 3-207. The hearing
shall be held at the transferring facility except that when an emergency
transfer has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed pending
hearing on an objection.
(d) At the hearing the Department shall have the burden of proving
that the standard for transfer under Section 3-908 is met. If the transfer
is to a facility which is substantially more physically restrictive than
the transferring facility, the Department shall also prove that the
transfer is reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department has sustained
its burden and the decision to transfer is based upon substantial evidence,
it shall recommend that the transfer proceed. If it does not so find, it
shall recommend that the recipient not be transferred.
(Source: P.A. 88-380.)
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405 ILCS 5/3-911 (405 ILCS 5/3-911) Sec. 3-911. Aftercare plan. (a) The Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient's conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient's discharge from the facility.
The written aftercare plan shall include, to the extent known, all of the following components: (1) the nature of the illness and followup required; (2) medications including side effects and dosage | | (3) if the recipient was given an informed consent
| | form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications;
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| (4) expected course of recovery;
(5) recommendations regarding treatment that is
| | relevant to the recipient's care;
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| (6) referrals to providers of medical and mental
| | (7) other relevant information.
(b) The recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.
(Source: P.A. 102-420, eff. 1-1-22 .)
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405 ILCS 5/Ch. III Art. X
(405 ILCS 5/Ch. III Art. X heading)
ARTICLE X.
VETERANS ADMINISTRATION FACILITIES
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405 ILCS 5/3-1000
(405 ILCS 5/3-1000) (from Ch. 91 1/2, par. 3-1000)
Sec. 3-1000.
(a) A person may be admitted pursuant to any of the provisions
of this Chapter to a mental health facility of the United States government
when the facility determines that services for the person are available
and that the person is eligible to receive them. A person so admitted is
subject to the rules and regulations of the Veterans Administration or other
agency of the United States government which operates the facility in which
such treatment is provided.
(b) The chief officer of such facility has with respect to a person admitted
under this Chapter, the same powers and duties as the facility director.
(c) A person employed by the Veterans Administration as a physician may
perform the functions of a physician under this Act insofar as relates to
a person who is or is proposed to be admitted to a Veterans Administration facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-1001
(405 ILCS 5/3-1001) (from Ch. 91 1/2, par. 3-1001)
Sec. 3-1001.
The courts of this State retain jurisdiction over persons
admitted under this Article for purposes of enforcing the provisions of this Act.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-1002
(405 ILCS 5/3-1002) (from Ch. 91 1/2, par. 3-1002)
Sec. 3-1002.
Whenever any person who is a veteran and who has been
previously adjudicated as having a mental illness or under legal disability is
subsequently rated as being under no legal disability by the Veterans
Administration, the Director of the Veterans Administration Regional Office
which has so rated the veteran may notify the court which found that the person
has a mental illness or under legal disability of such rating. The court may
restore the person to legal status without disability on the basis of the
documents filed or may order a hearing.
(Source: P.A. 88-380.)
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405 ILCS 5/3-1003
(405 ILCS 5/3-1003) (from Ch. 91 1/2, par. 3-1003)
Sec. 3-1003.
The Veterans Administration or other agency of the United
States Government may transfer any recipient admitted to it under this Article,
to any other facility of the Veterans Administration or any other agency
of the United States government, to any licensed private hospital which
has agreed to accept the recipient or, subject to the approval of the
Department, to a Department facility. The Department may transfer any
recipient admitted to a Department facility, to a facility of the Veterans
Administration or other appropriate agency of the United States Government,
subject to eligibility and the prior approval of the agency. If a recipient
transferred under this Section was admitted upon a court order, the
transferring facility or agency shall give notice of the transfer to the court
which entered the order of admission, and such order of admission shall
continue in effect.
(Source: P.A. 88-380.)
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405 ILCS 5/Ch. IV
(405 ILCS 5/Ch. IV heading)
CHAPTER IV
ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/Ch. IV Art. I
(405 ILCS 5/Ch. IV Art. I heading)
ARTICLE I.
JURISDICTION
DUTIES OF STATE'S ATTORNEY
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405 ILCS 5/4-100
(405 ILCS 5/4-100) (from Ch. 91 1/2, par. 4-100)
Sec. 4-100.
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who meet the standard for judicial admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VI of this Chapter may be instituted as to any such inmate at any time within
90 days prior to discharge of such inmate by expiration of sentence or otherwise,
and if such inmate is found to meet the standard for judicial admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-101
(405 ILCS 5/4-101) (from Ch. 91 1/2, par. 4-101)
Sec. 4-101.
The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
in their respective counties, shall attend such proceedings either in person
or by assistant, and shall ensure that petitions, reports and orders are
properly prepared. Nothing herein contained shall prevent any party from
being represented by his own counsel.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. II
(405 ILCS 5/Ch. IV Art. II heading)
ARTICLE II.
GENERAL PROVISIONS
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405 ILCS 5/4-200
(405 ILCS 5/4-200) (from Ch. 91 1/2, par. 4-200)
Sec. 4-200.
(a) A person with a developmental disability may be admitted to a
facility for residential and habilitation services only as provided in this
Chapter, except that a person may be transferred by the Department of
Corrections pursuant to the Unified Code of Corrections, as now or hereafter
amended. A person transferred by the Department of Corrections in this manner
may be released only as provided in the Unified Code of Corrections.
(b) Persons shall be admitted to Department facilities based on an
assessment of their current individual needs and not solely on the basis of
inclusion in a particular diagnostic category, identification by subaverage
intelligence test score, or consideration of a past history of hospitalization
or residential placement.
(c) In all cases, the Department shall provide services to persons
identified as having a developmental disability in the least
restrictive environment as required by subsection (a) of Section 2-102 of this
Code.
(d) Except as provided in Article VI of this Chapter, nothing in this
Chapter shall govern or prohibit the admission of a person with a developmental
disability to nonresidential services.
(Source: P.A. 88-380; 89-439, eff. 6-1-96.)
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405 ILCS 5/4-201
(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
Sec. 4-201.
(a) A person with an intellectual disability shall not reside in a Department
mental health facility unless the person is evaluated and is determined to be a
person with mental illness and the facility director determines that
appropriate treatment and habilitation are available and will be provided
to such person on the unit. In all such cases the Department mental health
facility director shall certify in writing within 30 days of the completion
of the evaluation and every 30 days thereafter, that the person has been
appropriately evaluated, that services specified in the treatment and
habilitation plan are being provided, that the setting in which services
are being provided is appropriate to the person's needs, and that
provision of such services fully complies with all applicable federal
statutes and regulations concerning the provision of services to persons with
a developmental disability. Those regulations shall include, but not be
limited to the regulations which govern the provision of services to persons
with a developmental disability in facilities certified under the Social
Security Act for federal financial participation, whether or not the facility
or portion thereof in which the recipient has been placed is presently
certified under the Social Security Act or would be eligible for such
certification under applicable federal regulations. The certifications shall be
filed in the recipient's record and with the office of the Secretary of the Department. A copy of the certification shall be given to
the person, an attorney or advocate who is representing the person and the
person's guardian.
(b) Any person admitted to a Department mental health facility who is
reasonably suspected of having a mild or moderate intellectual disability,
including those who also have a mental illness, shall be evaluated by a
multidisciplinary team which includes a qualified intellectual disabilities
professional designated by the Department facility director. The evaluation
shall be consistent with Section 4-300 of Article III in this Chapter, and
shall include: (1) a written assessment of whether the person needs a
habilitation plan and, if so, (2) a written habilitation
plan consistent
with Section 4-309, and (3) a written determination whether the admitting
facility is capable of providing the specified habilitation services. This
evaluation shall occur within a reasonable period of time, but in no case
shall that period exceed 14 days after admission. In all events, a
treatment plan shall be prepared for the person within 3 days of admission,
and reviewed and updated every 30 days, consistent with Section 3-209 of
this Code.
(c) Any person admitted to a Department mental health facility with an
admitting diagnosis of a severe or profound intellectual disability shall be
transferred to an appropriate facility or unit for persons with a
developmental disability within 72 hours of admission unless transfer is
contraindicated by the person's medical condition documented by appropriate
medical personnel. Any person diagnosed with a severe or profound intellectual disability while in a Department mental health facility shall be transferred to
an appropriate facility or unit for persons with a developmental disability
within 72 hours of such diagnosis unless transfer is contraindicated by the
person's medical condition documented by appropriate medical personnel.
(d) The Secretary of the Department shall designate a
qualified intellectual disabilities professional in each of its mental health facilities who has
responsibility for insuring compliance with the provisions of Sections
4-201 and 4-201.1.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-201.1
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 4-201.1.
(a) A person residing in a Department mental health facility who is evaluated as having a mild or moderate intellectual disability,
an attorney or advocate representing the person, or a guardian of such
person may object to the Department facility director's certification
required in Section 4-201, the treatment and habilitation plan, or
appropriateness of setting, and obtain an administrative decision requiring
revision of a treatment or habilitation plan or change of setting, by
utilization review as provided in Sections 3-207 and 4-209 of this
Code. As part of this utilization review, the Committee shall
include as one of its members a qualified intellectual disabilities professional.
(b) The mental health facility director shall give written notice to
each person evaluated as having a mild or moderate intellectual disability, the
person's attorney and guardian, if any, or in the case of a minor, to his
or her attorney, to the parent, guardian or person in loco parentis and to
the minor if 12 years of age or older, of the person's right to request a
review of the facility director's initial or subsequent determination that
such person is appropriately placed or is receiving appropriate services.
The notice shall also provide the address and phone number of the Legal
Advocacy Service of the Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If requested, the
facility director shall assist the person or guardian in contacting the
Legal Advocacy Service. This notice shall be given within 24 hours of
Department's evaluation that the person has a mild or moderate intellectual disability.
(c) Any recipient of services who successfully challenges a final
decision of the Secretary of the Department (or his or her designee) reviewing an objection to the certification required under Section
4-201, the treatment and habilitation plan, or the appropriateness of the
setting shall be entitled to recover reasonable attorney's fees incurred in
that challenge, unless the Department's position was substantially justified.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-202
(405 ILCS 5/4-202) (from Ch. 91 1/2, par. 4-202)
Sec. 4-202.
The Department shall prescribe all forms necessary for proceedings
under this Chapter, and all forms used in such proceedings shall comply
substantially with the forms so prescribed. The Department shall
publish all forms in electronic format and post the forms to its website.
(Source: P.A. 97-752, eff. 7-6-12.)
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405 ILCS 5/4-203
(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)
Sec. 4-203.
(a) Every developmental disabilities facility shall maintain
adequate records which shall include the Section of this Act under which
the client was admitted, any subsequent change in the client's status, and
requisite documentation for such admission and status.
(b) The Department shall ensure that a monthly report is maintained
for each Department mental health facility, and each unit of a Department
developmental disability facility for dually diagnosed persons, which lists
(1) initials of persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed persons of
Department developmental disability facility during that month with a
primary or secondary diagnosis of intellectual disability, (2) the date and
facility and unit of admission or continuing, care, (3) the legal admission
status, (4) the recipient's diagnosis, (5) the date and facility and unit
of transfer or discharge, (6) whether or not there is a public or private
guardian, (7) whether the facility director has certified that appropriate
treatment and habilitation are available for and being provided to such
person pursuant to Section 4-203 of this Chapter, and (8) whether the
person or a guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review. The Secretary of the
Department
shall furnish a copy of each monthly report upon request to the
Guardianship and Advocacy Commission and the agency designated by the
Governor under Section 1 of "An Act in relation to the protection and
advocacy of the rights of persons with developmental disabilities, and
amending certain Acts therein named", approved September 20, 1985, and
under Section 1 of "An Act for the protection and advocacy of mentally ill
persons", approved September 20, 1987.
(c) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any developmental disabilities facility to
determine the qualifications of persons permitted to admit clients to such
facility. This subsection shall not affect or limit the powers of any court
to order admission to a developmental disabilities facility as set forth
in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.)
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405 ILCS 5/4-204
(405 ILCS 5/4-204) (from Ch. 91 1/2, par. 4-204)
Sec. 4-204.
Every petition, certificate, and proof of service required
by this Chapter shall be executed under penalty of perjury as though under
oath or affirmation, but no acknowledgement is required.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-205
(405 ILCS 5/4-205) (from Ch. 91 1/2, par. 4-205)
Sec. 4-205.
Whenever a statement or explanation is required to be given
to the persons specified in Section 4-206, every effort shall be made to
furnish such statement or explanation in a comprehensible language and in
a manner calculated to ensure understanding. Such statement or explanation
shall be communicated in sign language for any hearing impaired person for
whom sign language is a primary mode of communication. When a statement
or explanation is provided in a language other than English, or through
the use of sign language, that fact and the name of the person providing
it shall be noted in the client's record. This Section does not apply to
copies of petitions and court orders.
(Source: P.A. 82-205.)
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405 ILCS 5/4-206
(405 ILCS 5/4-206) (from Ch. 91 1/2, par. 4-206)
Sec. 4-206.
Unless otherwise indicated, whenever notice is required under
this Chapter, it shall be given pursuant to this Section. If a client is
under 18 years of age, notice shall be given to his parent, guardian or
person in loco parentis. If the client is 18 years of age or older, notice
shall be given to the client, his guardian, if any, and any 2 other persons
whom the client may designate. If the client is 18 or older but lacks sufficient
capacity to understand and consent to the designation of persons to receive notice,
notice shall also be sent to his nearest adult relative.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-207
(405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207)
Sec. 4-207.
(a) Six months prior to the eighteenth birthday of a client
who is resident in a facility, the client shall be evaluated by the facility
to determine whether he has the capacity to consent to administrative admission.
If the client does not have such capacity or otherwise requires a guardian,
his parent or another interested person shall be so notified and requested
to file a petition for the appointment of a guardian. If no petition is
filed, the facility director of the facility shall file such a petition.
(b) Six months prior to the eighteenth birthday of a client who is receiving
nonresidential services provided by or under contract with the Department,
the client's parent or another interested person shall be notified by the
facility providing the services or by the Department of the possible need
and procedures for the appointment of a guardian. If such person so requests,
the client shall be evaluated by the facility or the Department for the
purpose of determining whether he requires a guardian and a report of the
evaluation shall be provided to such person. If the report indicates that
the client requires a guardian but no petition is filed by the time the
client reaches 18, the facility or the Department shall file such a petition.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-208
(405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208)
Sec. 4-208.
Whenever a person is admitted, is denied admission, or objects
to admission to a facility and whenever a client is notified that he is
to be transferred or discharged or that his legal status is to
be changed, the facility director of the facility shall provide the persons
specified in Section 4-206 with the address and phone number of the
Guardianship and Advocacy Commission. If any person so notified requests, the
facility director shall assist him in contacting the Commission.
(Source: P.A. 85-1247.)
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405 ILCS 5/4-209
(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
Sec. 4-209.
(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709
of this Chapter shall be conducted by a utilization review committee. The
Secretary shall appoint a utilization review committee at each
Department
facility. Each such committee shall consist of multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients. At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.
(b) The utilization review committee shall not be bound by rules of
evidence or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing. The committee may make such
investigation as it deems necessary. It may administer oaths and compel by
subpoena testimony and the production of records. A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client's record. Within 3 days of conclusion of the hearing, the committee
shall submit to the facility director its written recommendations which
include its factual findings and conclusions. A copy of the
recommendations shall be given to the client and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor. If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility director shall
promptly forward a copy of his decision, the recommendations, and the record
of the hearing to the Secretary of the Department for final
review. The review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review. The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure. The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.
(Source: P.A. 97-227, eff. 1-1-12.)
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405 ILCS 5/4-210
(405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
Sec. 4-210.
Whenever a petition has been executed pursuant to Sections
4-401 or 4-501, and prior to the examination for the purpose of certification,
the person conducting this examination shall inform the person being examined
in a simple comprehensible manner: that he is entitled to consult with
a relative, friend, or attorney before the examination and that an attorney
will be appointed for him if he desires; that he will be evaluated to
determine
if he meets the standard for judicial or emergency admission; that he does
not have to talk to the examiner; and that any statement made by him
may
be disclosed at a court hearing on the issue of whether he meets the standard
for judicial admission.
If the respondent is not so informed, the examiner shall not be permitted
to testify at any subsequent court hearing concerning the respondent's
admission.
(Source: P.A. 91-357, eff. 7-29-99.)
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405 ILCS 5/4-211 (405 ILCS 5/4-211) Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person
admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related
resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity | | to give consent to sexual activity; and
|
| (2) for developmentally appropriate sex education
| | As part of the assessments, consideration shall be given to medical, psychological, and psycho-social
evaluations. The person's decision making capacity to consent to sexual activity and the
developmentally appropriate sex education materials and resources shall be determined by the
treatment team that includes the individual, professionals who have knowledge of the individual, and
the individual's guardian, if appointed. Guardian decision making shall be made in accordance
with the court order of appointment and the
standards of decision making established by Section 11a-17 of the Probate Act of 1975. The Department shall approve course material in sex education. Course material and
instruction in sex education shall:
(A) be appropriate to the developmental disability of
| | (B) present identity as a part of mature
adulthood;
(C) replicate evidence-based programs or
| | substantially incorporate elements of evidence-based programs;
|
| (D) place substantial emphasis on the prevention of
| | pregnancy and sexually transmitted infections and diseases and shall stress that abstinence is the ensured method of avoiding unintended pregnancy and sexually transmitted infections and diseases, including HIV/AIDS;
|
| (E) include a discussion of the possible emotional
| | and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy;
|
| (F) stress that sexually transmitted infections and
| | diseases are serious possible health hazards of unwanted pregnancy;
|
| (G) provide information on the use or effectiveness
| | of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted infections and diseases;
|
| (H) teach recipients to avoid behavior that could be
| | interpreted as unwanted sexual advances, and how to reject unwanted sexual advances; and
|
| (I) explain signs of possible dangers from potential
| | The Department may
not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that
they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20 .)
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405 ILCS 5/Ch. IV Art. III
(405 ILCS 5/Ch. IV Art. III heading)
ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-300
(405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300)
Sec. 4-300.
(a) No person may be administratively admitted to any
facility including Chester Mental Health Center, unless an
adequate diagnostic evaluation of his current condition has been conducted
to determine his suitability for admission. Prior to an administrative
admission, the person may be admitted to a facility for not more than 14
days for such evaluation.
(b) The evaluation shall include current psychological, physical,
neurological, social, educational or vocational, and developmental
evaluations. It shall
be conducted under the supervision of qualified professionals including
at least one physician and either one clinical psychologist or one
clinical social worker. Any tests which require
language familiarity shall be conducted in the person's primary language.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-301
(405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301)
Sec. 4-301.
Report and recommendation.
(a) A report of the evaluation results shall include
a description of the person's disability and need for services, if any;
a description of the methods of evaluation used; an evaluation of the ability
of the family to meet the needs of the person and a recommendation as to
the supportive services the family may need; a recommendation as to the
least restrictive living arrangement appropriate for the person; and the
names and positions of the persons who conducted the evaluations.
(b) The report shall be signed by at least one clinical psychologist
or clinical social worker and one physician who have personally examined
the person to be admitted. If the report does not recommend admission to a
residential facility or to the facility to which admission is sought, a
written explanation of the reasons therefor shall be included. A summary
of the report shall be given to the person who executed the application.
(Source: P.A. 87-530.)
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405 ILCS 5/4-302
(405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)
Sec. 4-302.
A person with a developmental disability may be administratively
admitted to a facility upon application if the facility director of the
facility determines that he is suitable for admission. A person 18 years
of age or older, if he has the capacity, or his guardian, if he is authorized
by the guardianship order of the Circuit Court, may execute an application
for administrative admission. Application may be executed for a person
under 18 years of age by his parent, guardian, or person in loco parentis.
(Source: P.A. 88-380.)
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405 ILCS 5/4-303
(405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303)
Sec. 4-303.
(a) The application shall include the name and address of
the person to be admitted; the name and address of his spouse, nearest adult
relative, and guardian, or if none, friend; the name and address of
the person executing the application and his relationship to the person
to be admitted; and a short statement explaining the reason for the application.
(b) The application form shall contain in large type and simple language
the substance of Sections 4-302, 4-305, 4-306 and 4-700. The rights set
forth in the application shall be explained to the person to be admitted
if he is 12 or older and to the person who executed the application.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-304
(405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304)
Sec. 4-304.
A person may be admitted pursuant to the recommendation of
the diagnostic report. At the time of admission, a clear written statement
and oral explanation of the procedures for discharge, transfer and objection
to admission shall be given to the person if he is 12 years of age or older
and to the person who executed the application. Within 3 days of the admission,
notice of the admission and an explanation of the objection procedure shall
be sent or given to the persons specified in Section 4-206.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-305
(405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305)
Sec. 4-305.
(a) Any interested person on behalf of a client or a client
himself if he is 12 years of age or older may object to an administrative,
diagnostic or temporary admission under this Article. An objection may
be made at any time following the admission, but once an objection has been
heard, no subsequent objection may be made for 6 months without leave of the court.
(b) An objection shall be submitted in writing to the facility director
of the facility.
(Source: P.A. 80-1414 .)
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405 ILCS 5/4-306
(405 ILCS 5/4-306) (from Ch. 91 1/2, par. 4-306)
Sec. 4-306.
(a) A client 18 years of age or over, who is not under guardianship,
shall be allowed to be discharged from the facility at the earliest appropriate
time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after
he submits a written objection to the facility director, unless he either
withdraws the objection in writing or unless within the 5 day period a petition
and certificate conforming to the requirements of Section 4-501 are filed
with the court. Upon receipt of the petition, the court shall order a hearing
to be held within 5 days,
excluding Saturdays, Sundays and holidays, and to be conducted pursuant
to Article VI of this Chapter. Admission of the client may continue pending
further order of the court. In all other objections to admission under
this Article, paragraph (b) of this Section and Sections 4-307 and 4-308 shall apply.
(b) Unless the objection is withdrawn in writing or the client is discharged,
the facility director shall file a petition for review of the admission
with the court within 5 days of submission of the objection, excluding Saturdays,
Sundays and holidays as provided in Sections 4-307 and 4-308. The facility
director shall also file the report of the client's diagnostic evaluation
and current habilitation plan with the court.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-307
(405 ILCS 5/4-307) (from Ch. 91 1/2, par. 4-307)
Sec. 4-307.
Upon the filing of the petition, the court shall set a
hearing to be held within 5 days, excluding Saturdays, Sundays and holidays.
The court shall direct that notice of the time and place of the hearing
be served upon the client, his attorney, the objector, the person who executed
the application, and the facility director of the facility. The hearing
shall be conducted pursuant to Article VI of this Chapter.
(Source: P.A. 86-820.)
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405 ILCS 5/4-308
(405 ILCS 5/4-308) (from Ch. 91 1/2, par. 4-308)
Sec. 4-308.
(a) If the court finds that the client is not a person with a
developmental disability, that he is not in need of the services which are
available at the facility, or that a less restrictive alternative is
appropriate, it shall disapprove the admission and order the client discharged.
If the client is in a Department facility and the court finds that he or she
is a person with a developmental disability but that he is not in need of the
services which are available at the facility or that a less restrictive
alternative is appropriate, the court may order him transferred to a more
appropriate Department facility. If the person who executed the application for
admission objects to the transfer, the court shall order the client discharged.
(b) Unless the court orders the discharge or transfer of the client, the
facility may continue to provide the client with residential and habilitation
services.
(c) Unwillingness or inability of the client's parent, guardian or person
in loco parentis to provide for his care or residence shall not be grounds
for the court's refusing to order discharge. In that event, a petition may
be filed under the Juvenile Court Act of 1987 or the Probate Act of
1975, approved August 7, 1975, as now or hereafter amended, to ensure that
appropriate care and residence are provided.
(Source: P.A. 88-380.)
|
405 ILCS 5/4-309
(405 ILCS 5/4-309) (from Ch. 91 1/2, par. 4-309)
Sec. 4-309.
Habilitation plan.
(a) Within 14 days of admission, the facility shall prepare a written
habilitation plan consistent with the client's diagnosis and needs. The
Department shall fully implement habilitation plans. Every reasonable effort
shall be made to involve the client and his family in the preparation and
implementation of the plans.
(b) The habilitation plan shall describe the habilitation goals; a projected
timetable for their attainment; the services to be provided; the role of the
family in the implementation of the plan; and the name of the person
responsible for supervising the habilitation plan.
(c) The habilitation plan shall be reviewed regularly, but at least once
every calendar month, by the person responsible for its supervision. They
shall be modified when necessary. The client and the persons specified in
Section 4-206 shall be informed regularly of the client's progress.
(Source: P.A. 89-439, eff. 6-1-96.)
|
405 ILCS 5/4-309.1
(405 ILCS 5/4-309.1) (from Ch. 91 1/2, par. 4-309.1)
Sec. 4-309.1.
Habilitation and incentives.
In accordance with Departmental
powers and duties, facilities may offer incentives, including cash, to
residents in connection with their habilitation plan.
(Source: P.A. 89-439, eff. 6-1-96.)
|
405 ILCS 5/4-309.2
(405 ILCS 5/4-309.2) (from Ch. 91 1/2, par. 4-309.2)
Sec. 4-309.2.
Habilitation; incentives; disbursements.
The Department
may advance monies from its appropriations to facility directors for
disbursement to residents in accordance with Section 4-309.1. The facility
directors may maintain these monies in a locally held account prior to
disbursements.
(Source: P.A. 89-439, eff. 6-1-96.)
|
405 ILCS 5/4-310
(405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310)
Sec. 4-310.
At least once annually the client shall be evaluated to determine
his need for continued residential services. If need for continued residence
is indicated, the facility director of the facility shall consult with the
person who made application for the admission and shall request authorization
for continued residence of the client. The request and authorization shall
be noted in the client's record.
(Source: P.A. 80-1414.)
|
405 ILCS 5/4-311
(405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311)
Sec. 4-311.
(a) A person with a developmental disability may be temporarily
admitted to a facility for respite care intended for the benefit of the parent
or guardian, or in the event of a crisis, care where immediate temporary
residential services are necessary, upon application by a person empowered to
make application for administrative admission, if the facility director
determines that the individual is suitable for temporary admission. The
application shall describe the person's developmental disability and shall
conform with the provisions of paragraph (a) of Section 4-301.
(b) A temporary admission may continue for not more than 30 days. A client
admitted on a temporary basis shall be provided with such services as are
determined by mutual agreement between the facility director, the client,
and the person executing the application.
(c) Upon temporary admission, a clear written statement and oral explanation
of the objection procedure shall be given to the client if he is 12 years
of age or older. Within 3 days of a temporary admission, notice of the
admission and an explanation of the objection procedure shall be sent to
the persons specified in Section 4-206. An objection to temporary admission
may be made and heard in the same manner as an objection to administrative
admission.
(Source: P.A. 88-380.)
|
405 ILCS 5/4-312
(405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312)
Sec. 4-312.
(a) If the facility director of a Department facility declines
to admit a person seeking administrative or temporary admission under this
Article, a review of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability. Whenever admission to a Department facility is
denied, the person seeking admission shall immediately be given written notice
of the right to request review of the denial under this Section. A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial. Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.
(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission. If the utilization review committee finds that the decision
denying admission is based upon substantial evidence, it shall recommend
that the denial of admission be upheld. However, if it finds that the facility
to which admission is sought can provide adequate and appropriate habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.
(Source: P.A. 88-380.)
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405 ILCS 5/Ch. IV Art. IV
(405 ILCS 5/Ch. IV Art. IV heading)
ARTICLE IV. EMERGENCY ADMISSION
OF PERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-400
(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
Sec. 4-400.
(a) A person 18 years of age or older may be admitted on an
emergency basis to a facility under this Article if the facility director
of the facility determines: (1) that he is a person with an intellectual disability; (2) that he is
reasonably expected to inflict serious physical harm upon himself or another
in the near future; and (3) that immediate admission is necessary to prevent
such harm.
(b) Persons with a developmental disability under 18 years of age and
persons with a developmental disability 18 years of age or over who are under
guardianship or who are seeking admission on their own behalf may be admitted
for emergency care under Section 4-311.
(Source: P.A. 99-143, eff. 7-27-15.)
|
405 ILCS 5/4-401
(405 ILCS 5/4-401) (from Ch. 91 1/2, par. 4-401)
Sec. 4-401.
A petition for emergency admission may be submitted
to the facility director of a facility by any interested person 18 years
of age or older. The petition shall include a detailed statement of the
basis for the assertion that the respondent meets the criteria of
Section 4-400 including a description of any act or significant threat
supporting the assertion; the name and address of the spouse, parent,
guardian, and close relative or, if none, any known friend of the
respondent; a statement of the petitioner's relationship to the
respondent and interest in the matter; the name, address and phone
number of any witness by which the facts asserted may be proved. The
petition may be prepared by the facility director of a facility.
(Source: P.A. 81-1509.)
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405 ILCS 5/4-402
(405 ILCS 5/4-402) (from Ch. 91 1/2, par. 4-402)
Sec. 4-402.
Examination; certificate.
(a) No person may be detained at a facility for more than 24 hours
pending admission under this Article unless within that time a clinical
psychologist, clinical social worker, or physician examines the respondent
and certifies that he meets the standard for emergency admission.
(b) The certificate shall contain the examiner's observations, other factual
information relied upon, and a statement as to whether the respondent was
advised of his rights under Section 4-503. If no certificate is executed,
the respondent shall be released immediately.
(Source: P.A. 87-530.)
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405 ILCS 5/4-403
(405 ILCS 5/4-403) (from Ch. 91 1/2, par. 4-403)
Sec. 4-403.
Upon receipt of a petition and certificate prepared pursuant
to this Article, a peace officer shall take a respondent into custody and
transport him to a developmental disabilities facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-404
(405 ILCS 5/4-404) (from Ch. 91 1/2, par. 4-404)
Sec. 4-404.
A peace officer may take a person into custody and transport
him to a facility when, as a result of his personal observation, the peace
officer has reasonable grounds to believe that the person meets the standard
for emergency admission. Upon arrival at the facility, the peace officer
shall complete a petition for emergency admission.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-405
(405 ILCS 5/4-405) (from Ch. 91 1/2, par. 4-405)
Sec. 4-405.
When, as a result of personal observation and testimony
in open court, any court has reasonable grounds to believe that a person
appearing before it meets the standard for emergency admission, the court
may enter an order for the temporary detention and examination of such person.
The order shall set forth in detail the facts which are the basis for the
court's conclusion. The court may order a peace officer to take the person
into custody and transport him to a facility. The person may be detained
for examination for no more than 24 hours. If a petition and certificate,
as provided in this Article, are executed within the 24 hours, the person
may be admitted and the provisions of this Article shall apply. If no petition
or certificate is executed, the person shall be released.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-406
(405 ILCS 5/4-406) (from Ch. 91 1/2, par. 4-406)
Sec. 4-406.
Within 12 hours after admission, the respondent shall be given
a copy of the petition and an explanation of his hearing rights under Article
VI of this Chapter. Within 24 hours after admission, excluding Saturdays,
Sundays and holidays, a copy of the petition shall be given personally or
mailed to the persons specified in Section 4-206. The respondent shall
be allowed to complete no fewer than 2 telephone calls at the time of his
admission to such persons as he chooses.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-407
(405 ILCS 5/4-407) (from Ch. 91 1/2, par. 4-407)
Sec. 4-407.
(a) Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file with the court 2 copies of the petition and certificate
and proof of service of the petition and the explanation of rights.
(b) Upon admission under this Article, the respondent shall be evaluated
pursuant to the provisions of paragraph (b) of Section 4-300. A report
of the evaluation prepared pursuant to Section 4-301 shall be filed with
the court not more than 7 days after the admission. Upon receipt of the
report, the court shall set a hearing pursuant to Section 4-505 to determine
whether the respondent meets the standard for judicial admission.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-408
(405 ILCS 5/4-408) (from Ch. 91 1/2, par. 4-408)
Sec. 4-408.
A respondent admitted on an emergency basis shall receive
habilitation appropriate to his condition. However, the respondent shall
be informed of his right to refuse medication and if he refuses, medication
shall not be given unless it is necessary to prevent the respondent from
causing serious harm to himself or others. The facility shall record what
habilitation is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. V
(405 ILCS 5/Ch. IV Art. V heading)
ARTICLE V. JUDICIAL ADMISSION FOR PERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-500
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
Sec. 4-500.
A person 18 years of age or older may be admitted to a facility
upon court order under this Article if the court determines: (1) that he is
a person with an intellectual disability; and (2) that he is reasonably expected to inflict serious
physical harm upon himself or another in the near future.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-501
(405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501)
Sec. 4-501.
Petition; certificate.
(a) Any person 18 years of age or older may file a petition with the
court asserting that the respondent meets the standard for judicial
admission as set out in Section 4-500. The petition shall be prepared
according to the form specified in Section 4-401. The court may inquire of
the petitioner whether there are reasonable grounds to believe that the
facts presented in the petition are true and whether the respondent meets
the standard for judicial admission.
(b) The petition may be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician indicating that the
respondent was examined not more than 72 hours prior to the filing of the
petition and certifying that he meets the standard for judicial admission.
The certificate shall also set out the examiner's observations, other
factual information relied upon, and a statement as to whether the
respondent was advised of his rights under Section 4-210.
(Source: P.A. 87-530.)
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405 ILCS 5/4-502
(405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502)
Sec. 4-502.
Orders; examination; setting for hearing.
(a) When no certificate is filed with the petition, if the
court finds that the petition is in order and that there is a valid
reason why no certificate has been filed, it may make any orders as are
necessary to provide for an examination of the respondent by a clinical
psychologist, clinical social worker, or physician. If, as a result of the
examination, a certificate is executed, the certificate shall be promptly
filed with the court.
(b) When a certificate is filed with the petition or is filed pursuant
to this Section, if the court finds that the documents are in order, it may
make any orders as are necessary to provide for a diagnostic evaluation
of the respondent pursuant to paragraph (b) of Section 4-300 of this Chapter.
(c) Upon receipt of the diagnostic report prepared pursuant to Section
4-301, the court shall set the matter for hearing pursuant to Section 4-505.
(Source: P.A. 87-530.)
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405 ILCS 5/4-503
(405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503)
Sec. 4-503.
A copy of the petition, any order for examination or evaluation,
and a statement of the respondent's hearing rights under Article VI of this
Chapter shall be personally served upon the respondent and shall be given
or mailed to the persons specified in Section 4-206 at least 24 hours before
the court ordered examination or evaluation.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-504
(405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504)
Sec. 4-504.
The respondent shall be permitted to remain in his place of
residence pending any examination for certification or diagnostic evaluation.
He may be accompanied by one or more of his relatives or friends or by his
attorney to the place of examination. If, however, the court finds that
it is necessary in order to complete the examination the court may order
that the person be admitted to a developmental disabilities facility pending
examination and may order a peace officer or other person to transport him
there. Whenever possible the examination shall be conducted at a local developmental
disabilities facility. No person may be detained for examination for certification
for more than 24 hours and for a diagnostic evaluation for more than 7 days.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-505
(405 ILCS 5/4-505) (from Ch. 91 1/2, par. 4-505)
Sec. 4-505.
The court shall set a hearing to be held within 5 days, excluding
Saturdays, Sundays, and holidays, after it receives the diagnostic report.
The court shall direct that notice of the time and place of the hearing
be given or sent to the respondent, his attorney, the facility director
of the facility, and the persons specified in Section 4-206. The facility
director shall make copies of the certificate and the diagnostic report
available to the attorneys for the parties upon request.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-506
(405 ILCS 5/4-506) (from Ch. 91 1/2, par. 4-506)
Sec. 4-506.
The respondent may remain at his place of residence pending
the hearing. If the court finds it necessary, it may order a peace officer
or other person to have the respondent before the court at the time of the hearing.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. VI
(405 ILCS 5/Ch. IV Art. VI heading)
ARTICLE VI.
COURT HEARINGS
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405 ILCS 5/4-600
(405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600)
Sec. 4-600.
(a) Unless otherwise indicated, hearings under this Chapter
shall be held pursuant to this Article. Hearings shall be held in such
quarters as the court directs. To the extent practical, hearings shall
be held at the developmental disabilities facility where the respondent
is located. Any party may request a change of venue transfer to any other
county because of the convenience of parties or witnesses or the condition
of the respondent. The respondent may have the proceedings transferred
to the county of his residence.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-601
(405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601)
Sec. 4-601.
A respondent may request administrative admission at any time
prior to a court order for judicial admission. If the facility director
approves such a request, the court may dismiss the pending proceedings but
may require proof that such dismissal is in the best interest of the respondent
and of the public.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-602
(405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602)
Sec. 4-602.
The respondent is entitled to a jury on the question of whether
he meets the standard for judicial admission. The jury shall consist of
6 persons to be chosen in the same manner as are jurors in other civil proceedings.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-603
(405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603)
Sec. 4-603.
Appointment of examiners; report.
The court may appoint
one or more clinical psychologists, clinical social workers, physicians, or
other experts to examine the respondent and make a detailed written report
of his or their findings regarding the respondent's condition. The report
shall be filed with the court and copies shall be made available to the
attorneys for the parties.
(Source: P.A. 87-530.)
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405 ILCS 5/4-604
(405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604)
Sec. 4-604.
Independent examination.
The respondent is entitled to
secure an independent examination by a physician, clinical psychologist,
clinical social worker, or other expert of his choice. If the respondent
is unable to obtain an examination, he may request that the court order an
examination to be made by an impartial medical expert pursuant to Supreme
Court Rules or by a clinical psychologist, clinical social worker, or other
expert. Determination of the compensation of the physician, clinical
psychologist, clinical social worker, or other expert and its payment shall
be governed by Supreme Court Rule.
(Source: P.A. 80-1414; 87-530.)
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405 ILCS 5/4-605
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605.
Every respondent alleged to meet the standard for judicial
admission shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes
is necessary.
1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Advocacy Commission, if available.
2. If an attorney from the Guardianship and Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.
3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is
unable to pay.
(Source: P.A. 85-1247.)
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405 ILCS 5/4-606
(405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606)
Sec. 4-606.
The respondent shall be present at any hearing held under
this Act unless his
attorney waives his right to be present and the court is satisfied by a
clear showing that the respondent's
attendance would subject him to substantial risk of serious physical or emotional harm.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-607
(405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607)
Sec. 4-607.
Expert testimony; waiver.
No respondent may be found to
meet the standard for judicial admission unless at least one clinical
psychologist, clinical social worker, or physician who has examined him
testifies in person at the hearing. The respondent may waive the
requirement of this testimony subject to the approval of the court.
(Source: P.A. 87-530.)
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