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Illinois Compiled Statutes
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 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.)
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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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