Full Text of HB4199 95th General Assembly
HB4199enr 95TH GENERAL ASSEMBLY
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HB4199 Enrolled |
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LRB095 14509 DRJ 40417 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mental Health and Developmental | 5 |
| Disabilities Code is amended by changing Sections 3-503 and | 6 |
| 3-504 as follows:
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| (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
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| Sec. 3-503. Admission on application of parent or guardian.
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| (a) Any minor may be admitted to a mental health
facility | 10 |
| for inpatient treatment upon application to the facility
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| director, if the facility director finds that the minor
has a | 12 |
| mental illness or emotional disturbance of such severity that
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| hospitalization is necessary and that the minor is likely to | 14 |
| benefit
from inpatient treatment. Except in cases of admission | 15 |
| under
Section 3-504, prior to admission, a psychiatrist, | 16 |
| clinical social worker, clinical professional counselor, or
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| clinical psychologist who has personally examined the minor | 18 |
| shall state in
writing that the minor meets the standard for | 19 |
| admission. The statement shall
set forth in detail the reasons | 20 |
| for that conclusion and shall indicate what
alternatives to | 21 |
| hospitalization have been explored.
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| (b) The application may be executed by a parent or guardian | 23 |
| or, in
the absence of a parent or guardian, by a person in loco |
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LRB095 14509 DRJ 40417 b |
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| parentis.
Application may be made for a minor who is a ward of | 2 |
| the State by the
Department of Children and Family Services or | 3 |
| by the Department of
Corrections.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
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| Sec. 3-504. Minors; emergency admissions.
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| (a) A minor who is eligible for admission under Section | 8 |
| 3-503 and who is in
a condition that immediate hospitalization | 9 |
| is necessary may be admitted upon
the application of a parent | 10 |
| or guardian, or person in loco parentis, or of an
interested | 11 |
| person 18 years of age or older when, after diligent effort, | 12 |
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minor's parent, guardian or person in loco parentis cannot | 13 |
| be located or
refuses to consent to admission.
Following
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| admission of the minor, the facility director of the mental | 15 |
| health facility
shall continue efforts to locate the minor's | 16 |
| parent, guardian or person in loco
parentis. If that person is | 17 |
| located and consents in writing to the admission,
the minor may | 18 |
| continue to be hospitalized. However, upon notification of the
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| admission, the parent, guardian or person in loco parentis may | 20 |
| request the
minor's discharge subject to the provisions of | 21 |
| Section 3-508.
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| (b) A peace officer may take a minor into custody and | 23 |
| transport the minor
to a mental health facility when, as a | 24 |
| result of his personal observation,
the peace officer has | 25 |
| reasonable grounds to believe that the minor is eligible
for |
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LRB095 14509 DRJ 40417 b |
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| admission under Section 3-503 and is in a condition that | 2 |
| immediate
hospitalization is necessary in order to protect the | 3 |
| minor or others from
physical harm. Upon arrival at the | 4 |
| facility,
the peace officer shall complete an application under | 5 |
| Section 3-503 and shall
further include a detailed statement of | 6 |
| the reason for the assertion that
immediate hospitalization is | 7 |
| necessary, including a description of any acts or
significant | 8 |
| threats supporting the assertion, the time and place of the
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| occurrence of those acts or threats, and the names, addresses | 10 |
| and telephone
numbers of other witnesses of those acts or | 11 |
| threats.
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| (c) If no parent, guardian or person in loco parentis can | 13 |
| be found
within 3 days, excluding Saturdays, Sundays or | 14 |
| holidays, after the
admission of a minor, or if that person | 15 |
| refuses either to consent to
admission of the minor or to | 16 |
| request his discharge, a petition shall be
filed under the | 17 |
| Juvenile Court Act of 1987 to ensure that appropriate
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| guardianship is provided.
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| (d) If, however, a court finds, based on the evaluation by | 20 |
| a
psychiatrist, licensed clinical social worker, licensed | 21 |
| clinical professional counselor, or licensed clinical
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| psychologist or the testimony or other information offered by a | 23 |
| parent,
guardian, person acting in loco parentis or other | 24 |
| interested adults, that
it is necessary in order to complete an | 25 |
| examination of a minor, the court
may order that the minor be | 26 |
| admitted to a mental health
facility pending examination and |
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LRB095 14509 DRJ 40417 b |
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| may order a peace officer or other person to
transport the | 2 |
| minor to the facility.
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| (e) If a parent, guardian, or person acting in loco | 4 |
| parentis is unable
to transport a minor to a mental health | 5 |
| facility for examination, the parent,
guardian, or person | 6 |
| acting in loco parentis may petition the court to compel
a | 7 |
| peace officer to take the minor into custody and transport the | 8 |
| minor to
a mental health facility for examination. The court | 9 |
| may grant the order
if the court finds, based on the evaluation | 10 |
| by a psychiatrist, licensed
clinical social worker, licensed | 11 |
| clinical professional counselor, or licensed clinical | 12 |
| psychologist or the testimony
of a parent, guardian, or person | 13 |
| acting in loco parentis that the
examination is necessary and | 14 |
| that the assistance of a peace officer is
required to | 15 |
| effectuate admission of the minor to a
mental health facility.
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| (f) Within 24 hours after admission under this Section, a | 17 |
| psychiatrist
or clinical psychologist who has personally | 18 |
| examined the minor shall
certify in writing that the minor | 19 |
| meets the standard for admission. If no
certificate is | 20 |
| furnished, the minor shall be discharged immediately.
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| (Source: P.A. 91-726, eff. 6-2-00.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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