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Illinois Compiled Statutes
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() 405 ILCS 5/Ch. III Art. V
(405 ILCS 5/Ch. III Art. V heading)
ARTICLE V.
ADMISSION OF MINORS
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405 ILCS 5/3-500
(405 ILCS 5/3-500) (from Ch. 91 1/2, par. 3-500)
Sec. 3-500.
A minor may be admitted to a mental health facility for
treatment of a mental illness or emotional disturbance only as provided
in this Article or as provided in Sections 3-10-5 or 5-2-4
of the Unified Code of
Corrections, as now or hereafter amended.
(Source: P.A. 81-1497.)
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405 ILCS 5/3-501
(405 ILCS 5/3-501)
Sec. 3-501. (Repealed).
(Source: P.A. 100-196, eff. 1-1-18. Repealed by P.A. 100-614, eff. 7-20-18.)
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405 ILCS 5/3-502
(405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)
Sec. 3-502.
Any minor 16 years of age or older may be admitted to a mental
health facility as a voluntary recipient under Article IV of this Chapter
if the minor himself executes the application. A minor so admitted shall be
treated as an adult under
Article IV and shall be subject to all of the provisions of that Article. The
minor's parent, guardian or person in loco parentis shall be immediately
informed of the admission.
(Source: P.A. 91-726, eff. 6-2-00.)
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405 ILCS 5/3-503
(405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
Sec. 3-503. Admission on application of parent or guardian.
(a) Any minor may be admitted to a mental health
facility for inpatient treatment upon application to the facility
director, if the facility director finds that the minor
has a mental illness or emotional disturbance of such severity that
hospitalization is necessary and that the minor is likely to benefit
from inpatient treatment. Except in cases of admission under
Section 3-504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or
clinical psychologist who has personally examined the minor shall state in
writing that the minor meets the standard for admission. The statement shall
set forth in detail the reasons for that conclusion and shall indicate what
alternatives to hospitalization have been explored.
(b) The application may be executed by a parent or guardian or, in
the absence of a parent or guardian, by a person in loco parentis.
Application may be made for a minor who is a youth in care as defined in Section 4d of the Children and Family Services Act by the
Department of Children and Family Services or by the Department of
Corrections.
(Source: P.A. 100-159, eff. 8-18-17.)
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405 ILCS 5/3-504
(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
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. 98-975, eff. 8-15-14.)
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405 ILCS 5/3-505
(405 ILCS 5/3-505) (from Ch. 91 1/2, par. 3-505)
Sec. 3-505.
The application for admission under Section 3-503 or 3-504
shall contain in large, bold-face type a statement in simple nontechnical
terms of the minor's objection and hearing rights under this Article. A
minor 12 years of age or older shall be given a copy of the application
and his right to object shall be explained to him in an understandable manner.
A copy of the application shall also be given to the person who executed
it, to the minor's parent, guardian or person in loco parentis, and attorney,
if any, and to 2 other persons whom the minor may designate.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-506
(405 ILCS 5/3-506) (from Ch. 91 1/2, par. 3-506)
Sec. 3-506.
Thirty days after the admission of a minor under Section 3-503
or 3-504, the facility director shall review the minor's record and assess
the need for continuing hospitalization. The facility director shall consult
with the person who executed the application for admission if continuing
hospitalization is indicated and request authorization for continued treatment
of the minor. The request and authorization shall be noted in the minor's
record. Every 60 days thereafter a review shall be conducted and a new
authorization shall be secured from the person who executed the application
for as long as the hospitalization continues. Failure or refusal to authorize
continued treatment shall constitute a request for the minor's discharge.
(Source: P.A. 81-799.)
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405 ILCS 5/3-507
(405 ILCS 5/3-507) (from Ch. 91 1/2, par. 3-507)
Sec. 3-507.
(a) Objection may be made to the admission of a minor under
Section 3-503 or 3-504. When an objection is made, the minor shall be
discharged
at the earliest appropriate time, not to exceed 15 days, excluding Saturdays,
Sundays and holidays, unless the objection is withdrawn in writing or unless,
within that time, a petition for review of the admission and 2 certificates
are filed with the court.
(b) The written objection shall be submitted to the facility director of the
facility by an interested person 18 years of age or older on the minor's
behalf or by the minor himself if he is 12 years of age or older. Each
objection shall be noted in the minor's record.
(c) The 2 certificates which accompany the petition shall be executed
pursuant to Section 3-703. Each certificate shall be based upon a personal
examination and shall specify that the minor has a mental illness or an
emotional disturbance of such severity that hospitalization is necessary,
that he can benefit from inpatient treatment, and that a less restrictive
alternative is not appropriate. If the minor is 12 years of age or older
the certificate shall state whether the minor was advised of his rights
under Section 3-208.
(Source: P.A. 85-643.)
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405 ILCS 5/3-508
(405 ILCS 5/3-508) (from Ch. 91 1/2, par. 3-508)
Sec. 3-508.
Whenever a parent, guardian, or person in loco parentis
requests the discharge of a minor admitted under Section 3-503 or 3-504,
the minor shall be discharged at the earliest appropriate time, not to exceed
5 days to the custody of such person unless within that time the minor,
if he is 12 years of age or older, or the facility director objects to the
discharge in which event he shall file with the court a petition for
review of the admission accompanied by 2 certificates prepared pursuant
to paragraph (c) of Section 3-507.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-509
(405 ILCS 5/3-509) (from Ch. 91 1/2, par. 3-509)
Sec. 3-509.
Upon receipt of a petition filed pursuant to Section 3-507
or 3-508, the court shall appoint counsel for the minor and 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 minor, his attorney, the person who executed the application,
the objector, and the facility director. The hearing shall be conducted
pursuant to Article VIII of this Chapter. Hospitalization of the minor
may continue pending further order from the court.
(Source: P.A. 80-1414.)
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405 ILCS 5/3-510
(405 ILCS 5/3-510) (from Ch. 91 1/2, par. 3-510)
Sec. 3-510.
(a) The court shall disapprove the admission and order the
minor discharged if it determines that the minor does not have a mental
illness or an emotional disturbance of such a severity that hospitalization
is necessary, or if it determines that he cannot benefit from inpatient
treatment, or if it determines that a
less restrictive alternative is appropriate. If any of these 3
conditions is met, the court shall order the minor discharged
from hospitalization.
(b) If, however, the court finds that the minor does have a mental
illness or an emotional disturbance for which the minor is likely to
benefit from hospitalization, but that a less restrictive alternative is
appropriate, the court may order alternative treatment pursuant to Section 3-812.
(c) Unless the
court orders the
discharge of the minor, the court shall authorize the continued hospitalization
of the minor for the remainder of the admission period or may make such
orders as it deems appropriate pursuant to Section 3-815. When the court
has authorized continued hospitalization, no new objection to the hospitalization
of the minor may be heard for 20 days without leave of the court.
(Source: P.A. 86-922.)
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405 ILCS 5/3-511
(405 ILCS 5/3-511) (from Ch. 91 1/2, par. 3-511)
Sec. 3-511.
Unwillingness or inability of the minor'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 the discharge of the minor.
In that case, a petition may be filed under the Juvenile Court Act of
1987 to ensure that appropriate care or residence is provided.
(Source: P.A. 85-1209.)
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