Public Act 098-0975
 
SB3468 EnrolledLRB098 18193 RLC 53322 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Mental Health and Developmental 
Disabilities Code is amended  by changing Section 3-504 as 
follows:
 



    (405 ILCS 5/3-504)  (from Ch. 91 1/2, par. 3-504)



    Sec. 3-504. Minors; emergency admissions. 

    (a) A minor who is eligible for admission under Section 
3-503 and who is in
a condition that immediate hospitalization 
is necessary may be admitted upon
the application of a parent 
or guardian, or person in loco parentis, or of an
interested 
person 18 years of age or older when, after diligent effort, 
the
minor's parent, guardian or person in loco parentis cannot 
be located or
refuses to consent to admission.
Following

admission of the minor, the facility director of the mental 
health facility
shall continue efforts to locate the minor's 
parent, guardian or person in loco
parentis.  If that person is 
located and consents in writing to the admission,
the minor may 
continue to be hospitalized.  However, upon notification of the

admission, the parent, guardian or person in loco parentis may 
request the
minor's discharge subject to the provisions of 
Section 3-508.

    (b) A peace officer may take a minor into custody and 
transport the minor
to a mental health facility when, as a 
result of his personal observation,
the peace officer has 
reasonable grounds to believe that the minor is eligible
for 
admission under Section 3-503 and is in a condition that 
immediate
hospitalization is necessary in order to protect the 
minor or others from
physical harm.  Upon arrival at the 
facility,
the peace officer shall complete an application under 
Section 3-503 and shall
further include a detailed statement of 
the reason for the assertion that
immediate hospitalization is 
necessary, including a description of any acts or
significant 
threats supporting the assertion, the time and place of the

occurrence of those acts or threats, and the names, addresses 
and telephone
numbers of other witnesses of those acts or 
threats.

    (c) If no parent, guardian or person in loco parentis can 
be found
within 3 days, excluding Saturdays, Sundays or 
holidays, after the
admission of a minor, or if that person 
refuses either to consent to
admission of the minor or to 
request his discharge, a petition shall be
filed under the 
Juvenile Court Act of 1987 to ensure that appropriate

guardianship is provided.

    (d) If, however, a court finds, based on the evaluation by 
a
psychiatrist, licensed clinical social worker, licensed 
clinical professional counselor, or licensed clinical

psychologist or the testimony or other information offered by a 
parent,
guardian, person acting in loco parentis or other 
interested adults, that
it is necessary in order to complete an 
examination of a minor, the court
may order that the minor be 
admitted to a mental health
facility pending examination and 
may order a peace officer or other person to
transport the 
minor to the facility.

    (e) If a parent, guardian, or person acting in loco 
parentis is unable
to transport a minor to a mental health 
facility for examination, the parent,
guardian, or person 
acting in loco parentis may petition the court to compel
a 
peace officer to take the minor into custody and transport the 
minor to
a mental health facility for examination.  The court 
may grant the order
if the court finds, based on the evaluation 
by a psychiatrist, licensed
clinical social worker, licensed 
clinical professional counselor, or licensed clinical 
psychologist or the testimony
of a parent, guardian, or person 
acting in loco parentis that the
examination is necessary and 
that the assistance of a peace officer is
required to 
effectuate admission of the minor to a
mental health facility.

    (f) Within 24 hours after admission under this Section, a 
psychiatrist
or clinical psychologist who has personally 
examined the minor shall
certify in writing that the minor 
meets the standard for admission. If no
certificate is 
furnished, the minor shall be discharged immediately.

(Source: P.A. 95-804, eff. 8-12-08.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.