Full Text of SB3468 98th General Assembly
SB3468enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Section 3-504 as | 6 | | follows:
| 7 | | (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
| 8 | | Sec. 3-504. Minors; emergency admissions.
| 9 | | (a) A minor who is eligible for admission under Section | 10 | | 3-503 and who is in
a condition that immediate hospitalization | 11 | | is necessary may be admitted upon
the application of a parent | 12 | | or guardian, or person in loco parentis, or of an
interested | 13 | | person 18 years of age or older when, after diligent effort, | 14 | | the
minor's parent, guardian or person in loco parentis cannot | 15 | | be located or
refuses to consent to admission.
Following
| 16 | | admission of the minor, the facility director of the mental | 17 | | health facility
shall continue efforts to locate the minor's | 18 | | parent, guardian or person in loco
parentis. If that person is | 19 | | located and consents in writing to the admission,
the minor may | 20 | | continue to be hospitalized. However, upon notification of the
| 21 | | admission, the parent, guardian or person in loco parentis may | 22 | | request the
minor's discharge subject to the provisions of | 23 | | Section 3-508.
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| 1 | | (b) A peace officer may take a minor into custody and | 2 | | transport the minor
to a mental health facility when , as a | 3 | | result of his personal observation,
the peace officer has | 4 | | reasonable grounds to believe that the minor is eligible
for | 5 | | admission under Section 3-503 and is in a condition that | 6 | | immediate
hospitalization is necessary in order to protect the | 7 | | minor or others from
physical harm. Upon arrival at the | 8 | | facility,
the peace officer shall complete an application under | 9 | | Section 3-503 and shall
further include a detailed statement of | 10 | | the reason for the assertion that
immediate hospitalization is | 11 | | necessary, including a description of any acts or
significant | 12 | | threats supporting the assertion, the time and place of the
| 13 | | occurrence of those acts or threats, and the names, addresses | 14 | | and telephone
numbers of other witnesses of those acts or | 15 | | threats.
| 16 | | (c) If no parent, guardian or person in loco parentis can | 17 | | be found
within 3 days, excluding Saturdays, Sundays or | 18 | | holidays, after the
admission of a minor, or if that person | 19 | | refuses either to consent to
admission of the minor or to | 20 | | request his discharge, a petition shall be
filed under the | 21 | | Juvenile Court Act of 1987 to ensure that appropriate
| 22 | | guardianship is provided.
| 23 | | (d) If, however, a court finds, based on the evaluation by | 24 | | a
psychiatrist, licensed clinical social worker, licensed | 25 | | clinical professional counselor, or licensed clinical
| 26 | | psychologist or the testimony or other information offered by a |
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| 1 | | parent,
guardian, person acting in loco parentis or other | 2 | | interested adults, that
it is necessary in order to complete an | 3 | | examination of a minor, the court
may order that the minor be | 4 | | admitted to a mental health
facility pending examination and | 5 | | may order a peace officer or other person to
transport the | 6 | | minor to the facility.
| 7 | | (e) If a parent, guardian, or person acting in loco | 8 | | parentis is unable
to transport a minor to a mental health | 9 | | facility for examination, the parent,
guardian, or person | 10 | | acting in loco parentis may petition the court to compel
a | 11 | | peace officer to take the minor into custody and transport the | 12 | | minor to
a mental health facility for examination. The court | 13 | | may grant the order
if the court finds, based on the evaluation | 14 | | by a psychiatrist, licensed
clinical social worker, licensed | 15 | | clinical professional counselor, or licensed clinical | 16 | | psychologist or the testimony
of a parent, guardian, or person | 17 | | acting in loco parentis that the
examination is necessary and | 18 | | that the assistance of a peace officer is
required to | 19 | | effectuate admission of the minor to a
mental health facility.
| 20 | | (f) Within 24 hours after admission under this Section, a | 21 | | psychiatrist
or clinical psychologist who has personally | 22 | | examined the minor shall
certify in writing that the minor | 23 | | meets the standard for admission. If no
certificate is | 24 | | furnished, the minor shall be discharged immediately.
| 25 | | (Source: P.A. 95-804, eff. 8-12-08.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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