(405 ILCS 5/Ch. I heading) CHAPTER I
SHORT TITLE AND DEFINITIONS
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(405 ILCS 5/1-100) (from Ch. 91 1/2, par. 1-100)
Sec. 1-100.
This Act shall be known and may be cited as the "Mental
Health and Developmental Disabilities Code".
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-101) (from Ch. 91 1/2, par. 1-101)
Sec. 1-101.
As used in this Act, unless the context otherwise requires,
the terms defined in this Chapter have the meanings ascribed to them herein.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-101.1) (from Ch. 91 1/2, par. 1-101.1)
Sec. 1-101.1.
"Abuse" means any physical injury, sexual abuse, or mental
injury inflicted on a recipient of services other than by accidental means.
(Source: P.A. 86-1013.)
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(405 ILCS 5/1-101.2)
Sec. 1-101.2.
"Adequate and humane care and services" means services
reasonably calculated to result in a significant improvement of the condition
of a recipient of services confined in an inpatient mental health facility so
that he or she may be released or services reasonably calculated to prevent
further decline in the clinical condition of a recipient of services so that he
or she does not present an imminent danger to self or others.
(Source: P.A. 91-536, eff. 1-1-00.)
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(405 ILCS 5/1-101.3) Sec. 1-101.3. Advanced practice psychiatric nurse. "Advanced practice psychiatric nurse" means a nurse who is licensed to practice as an advanced
practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner.
(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/1-102) (from Ch. 91 1/2, par. 1-102)
Sec. 1-102.
"Care and custody" means authorization to an appropriate
person, with his consent, to provide or arrange for proper and adequate
treatment of another person who is subject to involuntary admission but
does not include the authority to require hospitalization of the recipient
unless such authority is expressly granted by court order pursuant to Article
VII of Chapter III.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-102.1) Sec. 1-102.1. "Clinical professional counselor" means a person licensed as a clinical professional counselor in accordance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
(Source: P.A. 98-724, eff. 7-16-14.) |
(405 ILCS 5/1-103) (from Ch. 91 1/2, par. 1-103)
Sec. 1-103.
"Clinical psychologist" means a person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act.
(Source: P.A. 98-75, eff. 7-15-13.)
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(405 ILCS 5/1-104) (from Ch. 91 1/2, par. 1-104)
Sec. 1-104.
"Facility director" means the chief officer of a mental
health or developmental disabilities facility or his designee or the supervisor
of a program of treatment or habilitation, or his designee. Designee may
include a physician, clinical psychologist, social worker, clinical professional counselor, or nurse.
(Source: P.A. 97-753, eff. 7-6-12.)
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(405 ILCS 5/1-104.5)
Sec. 1-104.5. (Repealed).
(Source: P.A. 95-602, eff. 6-1-08. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)
Sec. 1-105.
"Department" means the Department of Human Services in its
capacity as successor to the Department of Mental Health and Developmental
Disabilities. Unless the context otherwise requires, direct or indirect
references in this Code to the programs,
employees, facilities, service providers, or service recipients of the
Department shall be construed to refer only to those programs, employees,
facilities, service providers, or service recipients of the Department that
pertain to its mental health and developmental disabilities functions.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
Sec. 1-106.
"Developmental disability" means a severe, chronic disability, other than mental illness, found to be closely related to an intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with ID, and requires services similar to those required for a person with an intellectual disability. In addition, a developmental disability: (1) is manifested before the individual reaches 22 years of age; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (4) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. This definition does not supersede the "developmental disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
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(405 ILCS 5/1-107) (from Ch. 91 1/2, par. 1-107)
Sec. 1-107.
"Developmental disability facility" means a facility or
section thereof which is licensed or operated by or under contract with
the State or a political subdivision thereof and which admits persons with a
developmental disability for residential and habilitation services.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108)
Sec. 1-108.
"Secretary" means the Secretary of Human Services.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109)
Sec. 1-109.
"Discharge" means the full release of any person admitted
or otherwise detained under this Act from treatment, habilitation, or care and custody.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-110) (from Ch. 91 1/2, par. 1-110)
Sec. 1-110.
"Guardian" means the court appointed guardian or conservator
of the person.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-110.5)
Sec. 1-110.5.
"Substitute decision maker" means a person who
possesses the
authority to make decisions under the Powers of
Attorney for Health Care Law or under the Mental Health Treatment Preference
Declaration Act.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)
Sec. 1-111.
"Habilitation" means an effort directed toward the alleviation
of a developmental disability or toward increasing a person with a
developmental disability's level of physical, mental, social or economic
functioning. Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, day care, special living
arrangements, training, education, sheltered employment, protective services,
counseling and other services provided to persons with a developmental
disability by developmental disabilities facilities.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-112) (from Ch. 91 1/2, par. 1-112)
Sec. 1-112.
"Hospitalization" means the treatment of a person by a
mental health facility as an inpatient.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-113) (from Ch. 91 1/2, par. 1-113)
Sec. 1-113.
"Licensed private hospital" means any privately owned home,
hospital, or institution, or any section thereof which is licensed by the
Department of Public Health and which provides treatment for persons with
mental illness.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-113.5)
Sec. 1-113.5.
"Long-acting psychotropic medications" means psychotropic
medications, including but not limited to Haldol
Decanoate and Prolixin Decanoate, that are designed so that a single dose will
have an intended clinical effect for a period of at least 48
hours.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)
Sec. 1-114.
"Mental health facility" means any licensed private hospital,
institution, or facility or section thereof, and any facility, or section
thereof, operated by the State or a political subdivision thereof for the
treatment of persons with mental illness and includes all hospitals,
institutions, clinics, evaluation facilities, and mental health centers which
provide treatment for such persons.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-114.1)
Sec. 1-114.1.
"State-operated mental health facility" means a mental
health facility operated by the Department.
(Source: P.A. 88-484.)
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(405 ILCS 5/1-114.2)
Sec. 1-114.2.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-114.3)
Sec. 1-114.3.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-114.4)
Sec. 1-114.4.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-114.5)
Sec. 1-114.5.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/1-115) (from Ch. 91 1/2, par. 1-115)
Sec. 1-115.
"Mental health or developmental disability services" or
"services" means treatment or habilitation.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
Sec. 1-116. Intellectual disability. "Intellectual disability" means a disorder with onset during the developmental period (before the individual reaches age 22), that includes both intellectual and adaptive deficits in conceptual, social and practical domains. The following 3 criteria must be met: (1) deficits in intellectual functions such as reasoning, problem solving, planning, abstract thinking, judgment, academic learning, and learning from experience confirmed by both clinical assessment and individualized, standardized intelligence testing (generally indicated with an IQ score of about 70 or below), (2) deficits in adaptive functioning that result in failure to meet developmental and sociocultural standards for personal independence and social responsibility. Without ongoing support, the adaptive deficits limit functioning in one or more activities of daily life, such as communication, social participation, and independent living, across multiple environments, such as home, school, work, and community, and (3) onset of intellectual and adaptive deficits during the developmental period. This definition does not supersede the "intellectual disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.)
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(405 ILCS 5/1-117) (from Ch. 91 1/2, par. 1-117)
Sec. 1-117.
"Minor" means a person under 18 years of age.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-117.1) (from Ch. 91 1/2, par. 1-117.1)
Sec. 1-117.1.
"Neglect" means the failure to provide adequate medical or
personal care or maintenance to a recipient of services, which failure
results in physical or mental injury to a recipient or in the deterioration
of a recipient's physical or mental condition.
(Source: P.A. 86-1013.)
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(405 ILCS 5/1-118) (from Ch. 91 1/2, par. 1-118)
Sec. 1-118.
"Peace officer" means any sheriff, police officer, or other
person deputized by proper authority to serve as a peace officer.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)
Sec. 1-119. "Person subject to involuntary admission on an inpatient basis" means:
(1) A person with mental illness who because of his | ||
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(2) A person with mental illness who because of his | ||
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(3) A person with mental illness who: (i) refuses treatment or is not adhering | ||
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(ii) because of the nature of his or her illness, | ||
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(iii) if not treated on an inpatient basis, is | ||
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In determining whether a person meets the criteria specified in paragraph
(1), (2), or (3), the court may consider evidence of the person's repeated past pattern
of specific behavior
and actions related to the
person's illness.
(Source: P.A. 95-602, eff. 6-1-08; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/1-119.1) Sec. 1-119.1. "Person subject to involuntary admission on an outpatient basis" means: (1) A person who would meet the criteria for | ||
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(2) A person with a mental illness which, if left | ||
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(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/1-120) (from Ch. 91 1/2, par. 1-120)
Sec. 1-120.
"Physician" means any person licensed by the State of Illinois
to practice medicine in all its branches and includes any person holding
a temporary license, as provided in the Medical Practice Act of 1987.
Physician includes a psychiatrist as defined in Section 1-121.
(Source: P.A. 85-1209.)
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(405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)
Sec. 1-121.
"Psychiatrist" means a physician as defined in the first
sentence of Section 1-120 who has successfully completed a residency program
in psychiatry accredited by either the Accreditation Council for Graduate
Medical Education or the American Osteopathic Association.
(Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01.)
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(405 ILCS 5/1-121.1) (from Ch. 91 1/2, par. 1-121.1)
Sec. 1-121.1.
"Psychotropic medication" means medication whose use for
antipsychotic, antidepressant, antimanic, antianxiety, behavioral
modification or behavioral management purposes is listed in AMA Drug
Evaluations, latest edition, or Physician's Desk Reference, latest edition,
or which are administered for any of these purposes. For the purposes of
Sections 2-107, 2-107.1, and 2-107.2 of this Act, "psychotropic medication"
also includes those tests and related procedures that are essential for the
safe and effective administration of a psychotropic medication.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/1-121.5)
Sec. 1-121.5. (Repealed).
(Source: P.A. 90-538, eff. 12-1-97. Repealed by P.A. 95-172, eff. 8-14-07.)
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(405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122) Sec. 1-122. Qualified examiner. "Qualified examiner" means a person
who is: (a) a Clinical
social worker as defined in this Act, (b) a registered nurse with a master's degree in | ||
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(c) a licensed clinical professional counselor with a | ||
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(d) a licensed marriage and family therapist with a | ||
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A social worker who is a qualified examiner shall be a licensed clinical
social worker under the Clinical Social Work and Social Work Practice Act.(Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(405 ILCS 5/1-122.1) (from Ch. 91 1/2, par. 1-122.1)
Sec. 1-122.1.
"Clinical social worker" means a person who (1) has a
master's or doctoral degree in social work from an accredited graduate
school of social work and (2) has at least 3 years of supervised
post-master's clinical social work practice which shall include the
provision of mental health services for the evaluation, treatment and
prevention of mental and emotional disorders.
(Source: P.A. 97-333, eff. 8-12-11.)
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(405 ILCS 5/1-122.4) (from Ch. 91 1/2, par. 1-122.4)
Sec. 1-122.4.
"Qualified intellectual disabilities professional" as used in
this Act means those persons who meet this definition under Section 483.430
of Chapter 42 of the Code of Federal Regulations, subpart G.
(Source: P.A. 97-227, eff. 1-1-12.)
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(405 ILCS 5/1-123) (from Ch. 91 1/2, par. 1-123)
Sec. 1-123.
"Recipient of services" or "recipient" means a person who
has received or is receiving treatment or habilitation.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-124) (from Ch. 91 1/2, par. 1-124)
Sec. 1-124.
"Responsible relative" means the spouse or, if the recipient
is under 18 years of age, parent of a recipient or client receiving services
in facilities or programs of the Department. However, if the definition of
"responsible relative" in this Act is in conflict with the definition of
"responsible relative" in any Federal statute and rules or regulations
thereunder, under which the recipient or client is otherwise eligible to
receive benefits, the definition of the Federal Act, rules, or regulations
shall prevail.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
Sec. 1-125.
"Restraint" means direct restriction through mechanical
means or personal physical force of the limbs, head or body of a recipient.
The partial or total immobilization of a recipient for the purpose
of performing a medical, surgical or dental procedure or as
part of a medically prescribed procedure for the treatment of an existing
physical disorder or the amelioration of a physical disability shall not
constitute restraint, provided that the duration, nature and purposes of
the procedures or immobilization are properly documented in the
recipient's record and, that if the procedures or immobilization are
applied continuously or regularly for a period in excess of 24 hours, and
for every 24 hour period thereafter during which the immobilization may
continue, they are authorized in writing by a physician or dentist; and
provided further, that any such immobilization which extends for more than
30 days be reviewed by a physician or dentist other than the one who
originally authorized the immobilization.
Momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices, accomplished
with limited force, and that are designed to prevent a recipient from
completing an act that would result in potential physical harm to himself
or another shall not constitute restraint, but shall be documented in the
recipient's clinical record.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/1-126) (from Ch. 91 1/2, par. 1-126)
Sec. 1-126.
"Seclusion" means the sequestration by placement of a
recipient alone in a room which he has no means of leaving. The
restriction of a recipient to a given area or room as part of a behavior
modification program which has been authorized pursuant to his individual
services plan shall not constitute seclusion, provided that such
restriction does not exceed any continuous period in excess of two hours
nor any periods which total more than four hours in any twenty-four hour
period and that the duration, nature and purposes of each such restriction
are promptly documented in the recipient's record.
(Source: P.A. 86-1402.)
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(405 ILCS 5/1-127) (from Ch. 91 1/2, par. 1-127)
Sec. 1-127.
"Service provider" means any mental health or developmental
disabilities facility, or any other person which is devoted in whole or
part to providing mental health or developmental disabilities services.
(Source: P.A. 80-1414.)
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(405 ILCS 5/1-128) (from Ch. 91 1/2, par. 1-128)
Sec. 1-128.
"Treatment" means an effort to accomplish an improvement
in the mental condition or related behavior of a recipient. Treatment includes,
but is not limited to, hospitalization, partial hospitalization, outpatient
services, examination, diagnosis, evaluation, care, training, psychotherapy,
pharmaceuticals, and other services provided for recipients by mental health
facilities.
(Source: P.A. 88-380.)
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(405 ILCS 5/1-129)
Sec. 1-129. Mental illness. "Mental illness" means a mental, or
emotional disorder that substantially impairs a person's thought, perception of
reality,
emotional process, judgment, behavior, or ability to cope with the ordinary
demands of
life, but does not include a developmental disability, dementia or Alzheimer's
disease absent psychosis, a substance use
disorder, or an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
(Source: P.A. 100-759, eff. 1-1-19.)
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(405 ILCS 5/Ch. II heading) CHAPTER II
RIGHTS OF RECIPIENTS OF MENTAL HEALTH
AND DEVELOPMENTAL DISABILITIES SERVICES
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(405 ILCS 5/Ch. II Art. I heading) ARTICLE I.
RIGHTS
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(405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100)
Sec. 2-100.
(a) No recipient of services shall be deprived of any
rights, benefits, or privileges guaranteed by law, the Constitution of the
State of Illinois, or the Constitution of the United States solely on
account of the receipt of such services.
(b) A person with a known or suspected mental illness or developmental
disability shall not be denied mental health or developmental services
because of age, sex, race, religious belief, ethnic origin, marital status,
physical or mental disability or criminal record unrelated to present
dangerousness.
(Source: P.A. 86-1416.)
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(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
Sec. 2-101.
No recipient of services shall be presumed to be a person under a legal disability,
nor shall such person be held to be a person under a legal disability except as determined by a
court. Such determination shall be separate from a judicial proceeding held
to determine whether a person is subject to involuntary admission or meets
the standard for judicial admission.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/2-101.1) Sec. 2-101.1. Counseling services; consent; costs. (a) Any adult under guardianship may request and receive counseling services or psychotherapy. The consent of the guardian shall not be necessary to authorize counseling or psychotherapy. The adult's guardian shall not be informed, without the consent of the adult, of such counseling or psychotherapy unless the counselor or therapist believes such disclosure is necessary. If the counselor or therapist intends to disclose the fact of counseling or psychotherapy, the adult shall be so informed. However, until the consent of the adult's guardian has been obtained, counseling or psychotherapy provided to an adult under guardianship shall be limited to not more than 12 sessions, a session lasting not more than 60 minutes. (b) The adult's guardian shall not be liable for the costs of counseling or psychotherapy which is received by the adult without the consent of the adult's guardian.
(Source: P.A. 101-59, eff. 7-12-19.) |
(405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102)
Sec. 2-102. (a) A recipient of services shall be provided with adequate
and humane care and services in the least restrictive environment, pursuant
to an individual services plan. The Plan shall be formulated
and periodically
reviewed with the participation of the recipient to the extent feasible
and the recipient's
guardian, the recipient's substitute decision maker, if any, or any other
individual
designated in writing by the recipient. The facility shall advise the
recipient of
his or her right to designate a family member or other individual to
participate in the formulation and review of the treatment plan. In
determining whether care and services are being provided in the least
restrictive environment, the facility shall consider the views of the
recipient, if any, concerning the treatment being provided. The recipient's
preferences regarding emergency interventions under
subsection (d) of Section 2-200 shall be noted in the recipient's treatment
plan.
(a-5) If
the services include the administration of electroconvulsive therapy or psychotropic medication,
the
physician or the physician's designee shall advise the recipient, in
writing, of the side effects,
risks, and benefits of
the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient's ability to understand the
information communicated.
The physician shall determine and state in writing whether the
recipient has the capacity to make a reasoned decision about the treatment.
The physician or the physician's designee shall provide to the recipient's
substitute decision maker, if any, the same written information that is
required to be presented to the recipient in writing.
If
the recipient lacks the capacity to make a reasoned decision about the
treatment, the treatment may be administered only (i) pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) pursuant to
a power of attorney for health care under the Powers of
Attorney for Health Care Law or a declaration for mental health treatment
under the Mental Health Treatment Preference Declaration
Act.
A surrogate decision maker, other than a court appointed guardian, under the
Health Care Surrogate Act may not consent to the administration of electroconvulsive therapy or psychotropic medication. A surrogate may, however, petition for administration of such
treatment pursuant to this Act.
If the recipient is under guardianship and the guardian is
authorized
to consent to the administration of electroconvulsive therapy or psychotropic medication pursuant
to subsection (c) of Section
2-107.1 of this Code,
the
physician shall advise the guardian in writing of the side effects and risks of
the treatment, alternatives to the proposed treatment, and the risks and
benefits of the treatment. A qualified professional shall be responsible for overseeing
the implementation of such plan. Such care and treatment shall
make reasonable accommodation of any physical disability of the recipient,
including but not limited to
the regular use of sign language for any hearing impaired individual for
whom sign language is a primary mode of communication.
If the recipient is unable to communicate effectively in English, the
facility shall make reasonable efforts to provide services to the
recipient in a language that the recipient understands.
(b) A recipient of services who is an adherent or a member of any
well-recognized religious denomination, the principles and tenets of which
teach reliance upon services by spiritual means through prayer alone for
healing by a duly accredited practitioner thereof, shall have the right to
choose such services. The parent or guardian of a recipient of services who
is a minor, or a guardian of a recipient of services who is not a minor,
shall have the right to choose services by spiritual means through prayer
for the recipient of services.
(Source: P.A. 95-172, eff. 8-14-07.)
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(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
Sec. 2-103.
Except as provided in this Section, a recipient who resides
in a mental health or developmental disabilities facility shall be
permitted unimpeded, private, and uncensored communication with persons of
his choice by mail, telephone and visitation.
(a) The facility director shall ensure that correspondence can be
conveniently received and mailed, that telephones are reasonably
accessible, and that space for visits is available. Writing materials,
postage and telephone usage funds shall be provided in reasonable amounts
to recipients who reside in Department facilities and who are unable to
procure such items.
(b) Reasonable times and places for the use of telephones and for visits
may be established in writing by the facility director.
(c) Unimpeded, private and uncensored communication by mail, telephone,
and visitation may be reasonably restricted by the facility director only
in order to protect the recipient or others from harm, harassment or
intimidation, provided that notice of such restriction shall be given to
all recipients upon admission. When communications are restricted, the
facility shall advise the recipient that he has the right to require the
facility to notify the affected parties of the restriction, and to notify
such affected party when the restrictions are no longer in effect.
However, all letters addressed by a recipient to the Governor, members of
the General Assembly, Attorney General, judges, state's attorneys,
Guardianship and Advocacy Commission, or the Agency designated pursuant to
"An Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named", approved
September 20, 1985, officers of the Department, or licensed attorneys at
law must be forwarded at once to the persons to whom they are addressed
without examination by the facility authorities. Letters in reply from the
officials and attorneys mentioned above must be delivered to the recipient
without examination by the facility authorities.
(d) No facility shall prevent any attorney who represents a recipient
or who has been requested to do so by any relative or family member of the
recipient, from visiting a recipient during normal business hours, unless
that recipient refuses to meet with the attorney.
(e) Whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights under this Section.(Source: P.A. 97-1007, eff. 8-17-12.)
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(405 ILCS 5/2-104) (from Ch. 91 1/2, par. 2-104)
Sec. 2-104.
Every recipient who resides in a mental health or developmental
disabilities facility shall be permitted to receive, possess and use personal
property and shall be provided with a reasonable amount of storage space
therefor, except in the circumstances and under the conditions provided in this Section.
(a) Possession and use of certain classes of property may be restricted
by the facility director when necessary to protect the recipient or others
from harm, provided that notice of such restriction shall be given to all recipients
upon admission.
(b) The professional responsible for overseeing the implementation of
a recipient's services plan may, with the approval of the facility director,
restrict the right to property when necessary to protect such recipient
or others from harm.
(c) When a recipient is discharged from the mental health or developmental
disabilities facility, all of his lawful personal property which is in the
custody of the facility shall be returned to him.
(Source: P.A. 80-1414.)
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(405 ILCS 5/2-105) (from Ch. 91 1/2, par. 2-105)
Sec. 2-105.
A recipient of services may use his money as he chooses,
unless he is a minor or prohibited from doing so under a court guardianship
order. A recipient may deposit or cause to be deposited money in his name
with a service provider or financial institution with the approval of the
provider or financial institution. Money deposited with a service provider
shall not be retained by the service provider. Any earnings attributable
to a recipient's money shall accrue to him.
Except where a recipient has given informed consent, no service provider
nor any of its employees shall be made representative payee for his social
security, pension, annuity, trust fund, or any other form of direct payment
or assistance.
When a recipient is discharged from a service provider, all of his money,
including earnings, shall be returned to him.
(Source: P.A. 80-1414.)
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(405 ILCS 5/2-106) (from Ch. 91 1/2, par. 2-106)
Sec. 2-106.
A recipient of services may perform labor to which he consents
for a service provider, if the professional responsible for overseeing the
implementation of the services plan for such recipient determines that such
labor would be consistent with such plan. A recipient who performs labor
which is of any consequential economic benefit to a service provider shall
receive wages which are commensurate with the value of the work performed,
in accordance with applicable federal and state laws and regulations. A
recipient may be required to perform tasks of a personal housekeeping nature
without compensation.
Wages earned by a recipient of services shall be considered money which
he is entitled to receive pursuant to Section 2-105, and such wages shall
be paid by the service provider not less than once a month.
(Source: P.A. 80-1414.)
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(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107)
Sec. 2-107. Refusal of services; informing of risks.
(a) An adult recipient of services or the recipient's guardian,
if the recipient is under guardianship, and the recipient's substitute
decision maker, if any, must be informed of the recipient's right to
refuse medication or electroconvulsive therapy. The recipient and the recipient's guardian or substitute
decision maker shall be given the opportunity to
refuse generally accepted mental health or developmental disability services,
including but not limited to medication or electroconvulsive therapy. If such services are refused, they
shall not be given unless such services are necessary to prevent the recipient
from causing serious and imminent physical harm to the recipient or others and
no less restrictive alternative is available.
The facility director shall inform a recipient, guardian, or
substitute decision maker, if any, who refuses such
services of alternate services available and the risks of such alternate
services, as well as the possible consequences to the recipient of refusal of
such services.
(b) Psychotropic medication or electroconvulsive therapy may be administered
under this Section for
up to 24 hours only if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.
(c) Administration of medication or electroconvulsive therapy may not be continued unless the need
for such treatment is redetermined at least every 24 hours based upon a
personal examination of the recipient by a physician or a nurse under the
supervision of a physician and the circumstances demonstrating that need are
set forth in writing in the recipient's record.
(d) Neither psychotropic medication nor electroconvulsive therapy may be administered under this
Section for a period in excess of 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition is filed under Section 2-107.1 and the treatment
continues to be necessary under subsection (a) of this Section. Once the
petition has been filed, treatment may continue in compliance with subsections
(a), (b), and (c) of this Section until the final outcome of the hearing on the
petition.
(e) The Department shall issue rules designed to insure that in
State-operated mental health facilities psychotropic medication and electroconvulsive therapy are
administered in accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the supervision
of a physician
in accordance with accepted medical practice. The facility director of each
mental health facility not operated by the State shall issue rules designed to
insure that in that facility psychotropic medication and electroconvulsive therapy are administered
in
accordance with this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice. Such rules shall be
available for public inspection and copying during normal business hours.
(f) The provisions of this Section with respect to the emergency
administration of psychotropic medication and electroconvulsive therapy do not apply to facilities
licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.
(g) Under no circumstances may long-acting psychotropic medications be
administered under this Section.
(h) Whenever psychotropic medication or electroconvulsive therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy under Section 2-107.1 of this Code. If the physician determines that the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy
under Section 2-107.1, the facility director or his or her designee shall petition the court for administration of psychotropic medication or electroconvulsive therapy pursuant to that Section unless the facility director or his or her designee states in writing in the recipient's record why the filing of such a petition is not warranted. This subsection (h) applies only to State-operated mental health facilities. (i) The Department shall conduct annual trainings for all physicians and registered nurses working in State-operated mental health facilities on the appropriate use of emergency administration of psychotropic medication and electroconvulsive therapy, standards for their use, and the methods of authorization under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1)
Sec. 2-107.1. Administration of psychotropic medication and electroconvulsive therapy
upon
application to a court. (a) (Blank).
(a-5) Notwithstanding the provisions of Section 2-107 of this
Code, psychotropic medication and electroconvulsive therapy may be administered to an adult recipient of
services on an inpatient or outpatient basis without the informed consent of the recipient under the following
standards:
(1) Any person 18 years of age or older, including | ||
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The petition may include a request that the court | ||
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If a hearing is requested to be held immediately | ||
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(2) The court shall hold a hearing within 7 days of | ||
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(3) Unless otherwise provided herein, the procedures | ||
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(4) Psychotropic medication and electroconvulsive | ||
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(A) That the recipient has a serious mental | ||
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(B) That because of said mental illness or | ||
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(C) That the illness or disability has existed | ||
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(D) That the benefits of the treatment outweigh | ||
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(E) That the recipient lacks the capacity to make | ||
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(F) That other less restrictive services have | ||
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(G) If the petition seeks authorization for | ||
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(5) In no event shall an order issued under this | ||
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(6) An order issued under this subsection (a-5) shall | ||
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(a-10) The court may, in its discretion, appoint a guardian ad litem for a recipient before the court or authorize an existing guardian of the person to monitor treatment and compliance with court orders under this Section.
(b) A guardian may be authorized to consent to the administration
of psychotropic medication or electroconvulsive therapy to an
objecting recipient only under the
standards and procedures of subsection (a-5).
(c) Notwithstanding any other provision of this Section, a guardian may
consent to the administration of psychotropic medication or electroconvulsive therapy to a
non-objecting
recipient under Article XIa of the Probate Act of 1975.
(d) Nothing in this Section shall prevent the administration of psychotropic medication or electroconvulsive therapy to recipients
in an emergency under Section 2-107 of
this Act.
(e) Notwithstanding any of the provisions of this Section, psychotropic medication or electroconvulsive therapy may be administered pursuant to a power of attorney for
health care under the Powers of Attorney for Health Care Law or a declaration
for mental health treatment under the Mental Health Treatment Preference
Declaration Act over the objection of the recipient if the recipient has not revoked the power of attorney or declaration for mental health treatment as provided in the relevant statute.
(f) The Department shall conduct annual trainings for physicians and registered nurses working in State-operated mental health facilities on the appropriate use of psychotropic medication and electroconvulsive therapy, standards for their use, and the preparation of court petitions under this Section.
(Source: P.A. 100-710, eff. 8-3-18.)
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(405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2)
Sec. 2-107.2. Review; notice.
(a) Whenever any recipient, who is receiving treatment in a
residential mental health facility, has been receiving psychotropic medication or electroconvulsive therapy in that facility continuously or on a regular basis for a
period of 3 months, and, if the treatment is continued while
the recipient
is a resident in that facility, every 6 months
thereafter, for so long as the treatment shall continue, the
facility
director shall convene a treatment review panel to review the treatment.
(b) At least 7 days prior to the date of the meeting, the recipient, his
or her guardian, if any, and the person designated under subsection (b) of
Section 2-200 shall be given written notification of the time and place of the
treatment review meeting. The notice shall also advise the recipient of his or
her right to designate some person to attend the meeting and assist the
recipient.
(c) If, during the course of the review, the recipient or guardian, if
any, advises the committee that
he no longer agrees to continue receiving the treatment,
the treatment must be
discontinued except that the treatment may be administered
under either
Section 2-107 or 2-107.1. If the recipient and guardian, if any, continues
to agree to the treatment, the treatment
shall be continued if the
committee determines that the recipient is receiving appropriate treatment and that the benefit to the recipient outweighs any risk of harm
to the
recipient.
(d) The Department shall issue rules to implement the requirements of this
Section.
(Source: P.A. 95-172, eff. 8-14-07.)
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(405 ILCS 5/2-107.3) Sec. 2-107.3. Reports. Each facility director of a State-operated mental health facility shall prepare a quarterly report stating the number of persons who were determined to meet the
standard for administration of psychotropic medication or electroconvulsive therapy but for whom it was determined that the filing of such a petition was not warranted as provided for in subsection (h) of Section 2-107 of this Code and the reasons for each such determination. The Department shall prepare and publish an annual report summarizing the information received under this Section. The Department's report shall include the data from each facility filing such a report and shall separately report the data from each such facility, identified by facility.
(Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.) |
(405 ILCS 5/2-107.4) Sec. 2-107.4. Video conferencing. (a)
The Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in any hearing under Section 2-107.1 subject to the following conditions: (1) if the parties, including the respondent, and | ||
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(2) if the respondent and his or her attorney are at | ||
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(b) In any hearing under Section 2-107.1, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony.
(Source: P.A. 99-535, eff. 1-1-17.) |
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used only as a therapeutic
measure to prevent a recipient from causing physical harm to himself or
physical abuse to others. Restraint may only be applied by a person who has
been trained in the application of the particular type of restraint to be
utilized. In no event shall restraint be utilized to punish or discipline a
recipient, nor is restraint to be used as a convenience for the staff.
(a) Except as provided in this Section, restraint shall be employed only
upon the written order of a physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities. No restraint
shall be ordered unless the physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities, after personally
observing and examining the recipient, is clinically satisfied that the use of
restraint is justified to prevent the recipient from causing physical harm to
himself or others. In no event may restraint continue for longer than 2 hours
unless within that time period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a
physician confirms, in writing, following a personal examination of the
recipient, that the restraint does not pose an undue risk to the recipient's
health in light of the recipient's physical or medical condition. The order
shall state the events leading up to the need for restraint and the purposes
for which restraint is employed. The order shall also state the length of time
restraint is to be employed and the clinical justification for that length of
time. No order for restraint shall be valid for more than 16 hours. If
further restraint is required, a new order must be issued pursuant to the
requirements provided in this Section.
(b) In the event there is an emergency requiring the immediate use
of restraint, it may be ordered temporarily by a qualified person only
where a physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities is not immediately
available. In that event, an order by a nurse, clinical psychologist, clinical
social worker, clinical professional counselor, advanced practice psychiatric nurse, or physician shall be obtained pursuant to the requirements of
this Section as quickly as possible, and the recipient shall be examined by a
physician or supervisory nurse within 2 hours after the initial employment of
the emergency restraint. Whoever orders restraint in emergency situations shall
document its necessity and place that documentation in the recipient's record.
(c) The person who orders restraint shall inform the facility director or
his designee in writing of the use of restraint within 24 hours.
(d) The facility director shall review all restraint orders daily and shall
inquire into the reasons for the orders for restraint by any person who
routinely orders them.
(e) Restraint may be employed during all or part of one 24 hour
period, the period commencing with the initial application of the
restraint. However, once restraint has been employed during one 24 hour
period, it shall not be used again on the same recipient during the next
48 hours without the prior written authorization of the facility director.
(f) Restraint shall be employed in a humane and therapeutic manner and
the person being restrained shall be observed by a qualified person as often
as is clinically appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the observations.
Specifically, unless there is an immediate danger that the recipient
will physically harm himself or others, restraint shall be loosely
applied to permit freedom of movement. Further, the recipient shall be
permitted to have regular meals and toilet privileges free from the
restraint, except when freedom of action may result in physical harm to
the recipient or others.
(g) Every facility that employs restraint shall provide training in the
safe and humane application of each type of restraint employed.
The facility shall not authorize the use of any type of restraint by an
employee who has not received training in the safe and humane application
of that type of restraint. Each facility in which restraint is used shall
maintain records detailing which employees have been trained and are
authorized to apply restraint, the date of the training and the type of
restraint that the employee was trained to use.
(h) Whenever restraint is imposed upon any recipient whose primary mode
of communication is sign language, the recipient shall be permitted to have
his hands free from restraint for brief periods each hour, except
when freedom may result in physical harm to the recipient or others.
(i) A recipient who is restrained may only be secluded at the same time
pursuant to an explicit written authorization as provided in Section 2-109
of this Code. Whenever a recipient is restrained, a member of the facility
staff shall remain with the recipient at all times unless the recipient has
been secluded. A recipient who is restrained and secluded shall be
observed by a qualified person as often as is clinically appropriate but in
no event less than every 15 minutes.
(j) Whenever restraint is used, the recipient shall be advised of his
right, pursuant to Sections 2-200 and 2-201 of this Code, to have any
person of his choosing, including the Guardianship and Advocacy Commission
or the agency designated pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Act notified of the restraint. A recipient
who is under guardianship may request that any person of his choosing be
notified of the restraint whether or not the guardian approves of the notice.
Whenever the Guardianship and Advocacy Commission is notified that a recipient
has been restrained, it shall contact that recipient to determine the
circumstances of the restraint and whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109)
Sec. 2-109. Seclusion. Seclusion may be used only as a therapeutic
measure to prevent a recipient from causing physical harm to himself or
physical abuse
to others. In no event shall seclusion be utilized to punish or discipline
a recipient, nor is seclusion to be used as a convenience for the staff.
(a) Seclusion shall be employed only upon the written order of a
physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities. No seclusion shall be ordered
unless the physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities, after personally
observing and examining the recipient, is clinically satisfied that the use
of seclusion is justified to prevent the recipient from causing physical
harm to himself or others. In no event may seclusion continue for longer
than 2 hours unless within that time
period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a physician confirms in
writing, following a personal examination of the recipient, that the
seclusion does not pose an undue risk to the recipient's health in light of
the recipient's physical or medical condition. The order
shall state the events leading up to the need for seclusion and the
purposes for which seclusion is employed. The order shall also
state the length of time seclusion is to be employed and the clinical
justification for the length of time. No order for seclusion shall be
valid for more than 16 hours. If further seclusion is required, a new
order must be issued pursuant to the requirements
provided in this Section.
(b) The person who orders seclusion shall inform the facility
director or his designee in writing of the use of seclusion within 24
hours.
(c) The facility director shall review all seclusion orders daily and
shall inquire into the reasons for the orders for seclusion by any
person who routinely orders them.
(d) Seclusion may be employed during all or part of one 16 hour
period, that period commencing with the initial application of the
seclusion. However, once seclusion has been employed during one 16 hour
period, it shall not be used again on the same recipient during the next
48 hours without the prior written authorization of the facility director.
(e) The person who ordered the seclusion shall assign a qualified
person to observe the recipient at all times.
A recipient who is restrained and secluded shall be observed by a qualified
person as often as is clinically appropriate but in no event less than once
every 15 minutes.
(f) Safety precautions shall be followed to prevent injuries to the
recipient in the seclusion room. Seclusion rooms shall be adequately
lighted, heated, and furnished. If a door is locked, someone with a key
shall be in constant attendance nearby.
(g) Whenever seclusion is used, the recipient shall be advised of his
right, pursuant to Sections 2-200 and 2-201 of this Code, to have any
person of his choosing, including the Guardianship and Advocacy Commission
notified of the seclusion. A person who is under guardianship may request
that any person of his choosing be notified of the seclusion whether or not
the guardian approves of the notice. Whenever the Guardianship and
Advocacy Commission is notified that a recipient has been secluded, it shall
contact that recipient to determine the circumstances of the seclusion and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/2-110) (from Ch. 91 1/2, par. 2-110)
Sec. 2-110.
No recipient of services shall be subjected to any
unusual, hazardous, or experimental services or psychosurgery, without his
written and informed consent.
If the recipient is a minor or is under guardianship, such recipient's
parent or guardian is authorized, only with the approval of the court, to
provide informed consent for participation of the ward in any such services
which the guardian deems to be in the best interests of the ward.
(Source: P.A. 90-538, eff. 12-1-97.)
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(405 ILCS 5/2-110.1)
Sec. 2-110.1. Reports.
(a) A mental hospital or facility at which electroconvulsive therapy
is administered shall submit to the Department quarterly reports
relating to the administration of the therapy for the purposes of reducing
morbidity or mortality and improving patient care.
(b) A report shall state the following for each quarter:
(1) The number of persons who received the therapy, | ||
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(A) the number of persons who gave informed | ||
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(B) the number of persons confined as subject to | ||
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(C) the number of persons who received the | ||
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(D) the number of persons who received the | ||
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(2) The age, sex, and race of the recipients of the | ||
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(3) The source of the treatment payment.
(4) The average number of electroconvulsive | ||
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(5) The average number of maintenance | ||
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(6) Any significant adverse reactions to the | ||
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(7) Autopsy findings if death followed within 14 days | ||
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(8) Any other information required by the Department | ||
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(c) The Department shall prepare and publish an annual written report
summarizing the information received under this Section.
The report shall not contain any information that identifies or tends to
identify any facility, physician, health care provider, or patient.
(Source: P.A. 102-558, eff. 8-20-21.)
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(405 ILCS 5/2-110.5)
Sec. 2-110.5. Electroconvulsive therapy for minors. If a recipient is a
minor, that recipient's parent or guardian is authorized, only with the
approval of the court under the procedures set out in Section 2-107.1, to
provide consent for participation of the minor in electroconvulsive
therapy if the parent or guardian deems it to be in the best interest of the
minor. In addition to the requirements in Section 2-107.1, prior to the court
entering an order approving treatment by electroconvulsive therapy, 2 licensed
psychiatrists, one of which may
be the minor's treating psychiatrist, who have examined the patient must concur
in the determination that the minor should participate in treatment by electroconvulsive
therapy.
(Source: P.A. 102-558, eff. 8-20-21.)
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(405 ILCS 5/2-111) (from Ch. 91 1/2, par. 2-111)
Sec. 2-111.
A medical or dental emergency exists when delay for the
purpose of obtaining consent would endanger the life or adversely and
substantially affect the health of a recipient of services. When a medical
or dental emergency exists, if a physician or licensed dentist who examines
a recipient determines that the recipient is not capable of giving informed
consent, essential medical or dental procedures may be performed without
consent. No physician nor licensed dentist shall be liable for a non-negligent
good faith determination that a medical or dental emergency exists or a
non-negligent good faith determination that the recipient is not capable of
giving informed consent.
(Source: P.A. 85-971.)
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(405 ILCS 5/2-112) (from Ch. 91 1/2, par. 2-112)
Sec. 2-112.
Freedom from abuse and neglect.
Every recipient of services in a mental
health or developmental disability facility shall be free from abuse and neglect.
(Source: P.A. 86-1013.)
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(405 ILCS 5/2-113) (from Ch. 91 1/2, par. 2-113)
Sec. 2-113.
(a) Upon admission, the facility shall inquire of the
recipient if a spouse, family member, friend or an agency is to be notified
of his admission to the facility. If the recipient consents to release of
information concerning his admission, the facility shall immediately
attempt to make phone contact with at least two designated persons or
agencies or by mail within 24 hours.
(b) Any person may request information from a developmental
disability or mental health facility relating to whether an adult recipient
or minor recipient admitted pursuant to Section 3-502 has been admitted to
the facility. Any parties requesting information must submit proof of
identification and list their name, address, phone number, relationship to
the recipient and reason for the request.
(c) The facility shall respond to the inquirer within 2 working days.
If the recipient is located at the facility, the facility director shall
inform the recipient of the request and shall advise the recipient that
disclosure of his presence at the facility will not obligate the recipient
to have contact with the inquirer. No information shall be disclosed
unless the recipient consents in writing to the disclosure.
(d) If the recipient has consented to the release of information the
facility shall inform the requesting party that the recipient is located at
the facility. The facility shall, with the recipient's consent, tell the
requesting party how to contact the recipient.
(e) When the recipient is not located at the facility or when the
recipient does not consent in writing to release such information, the
facility shall inform the consenting party that no information is available
regarding that person.
(f) Transactions pursuant to this Section shall be noted in the
recipient's record.
(Source: P.A. 86-1417.)
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(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114.
(a) Whenever an attorney or other advocate from the
Guardianship and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for Persons with Developmental Disabilities Act or any
other attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently representing the
recipient, or has been appointed by any court or administrative agency to
do so or has been requested to represent the recipient by a member of the
recipient's family, the facility shall, subject to the provisions of
Section 2-113 of this Code, disclose to the attorney or advocate
whether the recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the recipient.
(b) The facility may take reasonable precautions to identify the
attorney or advocate. No further information shall be disclosed to the
attorney or advocate except in conformity with the authorization procedures
contained in the Mental Health and Developmental Disabilities
Confidentiality Act.
(c) Whenever the location of the recipient has been disclosed to an
attorney or advocate, the facility director shall inform the recipient of
that fact and shall note this disclosure in the recipient's records.
(d) An attorney or advocate who receives any information under this
Section may not disclose this information to anyone else without the
written consent of the recipient obtained pursuant to Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/2-115)
Sec. 2-115.
Participants in mental health courts.
Subject to
appropriations, the Department shall establish pilot programs to
provide the clinical services necessary to serve participants
in mental health courts that have been established in any
judicial circuit in this State.
(Source: P.A. 92-120, eff. 1-1-02.)
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(405 ILCS 5/2-116) Sec. 2-116. Authorized electronic monitoring of a
recipient's room. (a) A recipient who resides in a developmental disability facility shall be permitted to conduct
authorized electronic monitoring of the recipient's room
through the use of electronic monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental Disability Facilities Act. (b) No person shall: (1) intentionally retaliate or discriminate against | ||
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(2) prevent the installation or use of an electronic | ||
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A violation of this subsection is a business offense, punishable by a fine not to exceed $1,000. The State's Attorney of the county in which the developmental disability facility is located, or the Attorney General, shall be notified by the Director of any violations of this subsection.
(Source: P.A. 101-229, eff. 1-1-20.) |
(405 ILCS 5/Ch. II Art. II heading) ARTICLE II.
PROCEDURES
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(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon thereafter as
the condition of the recipient permits, every adult recipient, as well as the
recipient's guardian or substitute decision maker, and every recipient who is
12
years of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of the rights
guaranteed by this Chapter which are relevant to the nature of the
recipient's services
program. The notice shall include, if applicable, the recipient's right to request a transfer to a different Department facility under Section 3-908. Every facility shall also post conspicuously in public areas
a summary of the rights which are relevant to the services delivered by
that facility as well as contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act.
(b) A recipient who is 12 years of age or older and the parent or guardian
of a minor or person under guardianship at any time may designate, and upon
commencement of services shall be informed of the right to designate, a
person or agency to receive notice under Section 2-201 or to direct that
no information about the recipient be disclosed to any person or agency.
(c) Upon commencement of services, or as soon thereafter as the
condition of the recipient permits, the facility shall ask the adult
recipient or minor recipient admitted pursuant to Section 3-502 whether the
recipient wants the facility to contact the recipient's spouse, parents,
guardian, close relatives, friends, attorney, advocate from the
Guardianship and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act, or others and
inform them of the recipient's presence at the facility. The facility
shall by phone or by mail contact at least two of those people designated
by the recipient and shall inform them of the recipient's location. If the
recipient so requests, the facility shall also inform them of how to
contact the recipient.
(d) Upon commencement of services, or as soon thereafter as the condition
of the recipient permits, the facility shall advise the recipient as to the
circumstances under which the law permits the use of emergency forced
medication or electroconvulsive therapy under subsection (a) of Section 2-107, restraint under Section
2-108, or seclusion under Section 2-109. At the same time, the facility shall
inquire of the recipient which form of intervention the recipient would prefer
if any of these circumstances should arise. The recipient's preference shall
be noted in the recipient's record and communicated by the facility to the
recipient's guardian or substitute decision maker, if any, and any other
individual designated by the recipient. If any such circumstances subsequently
do arise, the facility shall give due consideration to the preferences of the
recipient regarding which form of intervention to use as communicated to the
facility by the recipient or as stated in the recipient's advance directive.
(Source: P.A. 102-593, eff. 8-27-21.)
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(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
Sec. 2-201.
(a) Whenever any rights of a recipient of services that are
specified in this Chapter are restricted, the professional responsible for
overseeing the implementation of the recipient's services plan shall be
responsible for promptly giving notice of the restriction or
use of restraint or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor | ||
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(2) a person designated under subsection (b) of | ||
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(3) the facility director;
(4) the Guardianship and Advocacy Commission, or the | ||
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(5) the recipient's substitute decision maker, if any.
The professional shall also be responsible for promptly recording
such restriction or use of restraint or seclusion and the
reason therefor in the recipient's record.
(b) The facility director shall maintain a file of all notices of
restrictions of rights, or the use of restraint or seclusion for the past 3
years. The facility director shall allow the Guardianship and Advocacy
Commission, the agency designated by the Governor under Section 1 of "An
Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named," approved
September 20, 1985, and the Department to examine and copy such records
upon request. Records obtained under this Section shall not be further
disclosed except pursuant to written authorization of the recipient under
Section 5 of the Mental Health and Developmental Disabilities
Confidentiality Act.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/2-202) (from Ch. 91 1/2, par. 2-202)
Sec. 2-202.
The Secretary of Human Services and the facility director of
each service provider shall adopt in writing such policies and procedures as
are necessary to implement this Chapter. Such policies and procedures may
amplify or expand, but shall not restrict or limit, the rights guaranteed to
recipients by this Chapter.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/Ch. III heading) CHAPTER III
ADMISSION, TRANSFER AND DISCHARGE
PROCEDURES FOR THE MENTALLY ILL
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(405 ILCS 5/Ch. III Art. I heading) ARTICLE I.
JURISDICTION; DUTIES OF STATE'S ATTORNEY
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(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
Sec. 3-100.
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who are subject to involuntary admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VIII of this Chapter may be instituted as to any such inmate at any time
within 90 days prior to discharge of such inmate by expiration of sentence
or otherwise, and if such inmate is found to be subject to involuntary admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody. The circuit court has jurisdiction over all persons alleged to be in need of treatment under Section 2-107.1 of this Code, whether or not they are charged with a felony.
(Source: P.A. 99-179, eff. 7-29-15.)
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(405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
Sec. 3-101.
(a) The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
and in proceedings under Section 2-107.1 in their respective counties,
shall attend such proceedings either in person or by assistant, and shall
ensure that petitions, reports and orders are properly prepared. Nothing
herein contained shall prevent any party, including any petitioner, from being represented by his own
counsel.
(b) Any community mental health provider or inpatient mental health facility, including hospitals operated by the Department, may be represented by counsel in court proceedings under this Chapter if they are providing services or funding for services to the respondent, or if an order by the court directing said entity to provide services or funding for services to the respondent is being sought by any party. (Source: P.A. 97-375, eff. 8-15-11.)
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(405 ILCS 5/Ch. III Art. II heading) ARTICLE II.
GENERAL PROVISIONS
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(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
Sec. 3-200.
(a) A person may be admitted as an inpatient to a mental
health facility for treatment of mental illness only as provided in this
Chapter, except that a person may be transferred by the Department of
Corrections pursuant to the Unified Code of Corrections. A person transferred
by the Department of Corrections in this manner may be released only as
provided in the Unified Code of Corrections.
(b) No person who is diagnosed as a person with an
intellectual disability or a person with a
developmental disability may be admitted or transferred to a Department mental
health facility or, any portion thereof, except as provided in this Chapter.
However, the evaluation and placement of such persons shall be governed by
Article II of Chapter 4 of this Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/3-201) (from Ch. 91 1/2, par. 3-201)
Sec. 3-201.
The Department shall prescribe all forms necessary for
proceedings under this Chapter, and all forms used in such proceedings shall
comply substantially with the forms so prescribed. The Department shall
publish all forms in electronic format and post the forms to its website.
(Source: P.A. 97-752, eff. 7-6-12.)
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(405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202)
Sec. 3-202.
(a) Every mental health facility shall maintain adequate records
which shall include the Section of this Chapter under which the recipient
was admitted, any subsequent change in the recipient's status, and requisite
documentation for such admission and status.
(b) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any mental health facility to determine the
qualifications of persons who may be permitted to admit recipients to such
facility. This subsection shall not affect or limit the powers of any court to
order hospitalization or admission to a program of alternative
treatment as set
forth in this Chapter.
(Source: P.A. 91-357, eff. 7-29-99.)
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(405 ILCS 5/3-203) (from Ch. 91 1/2, par. 3-203)
Sec. 3-203.
Every petition, certificate and proof of service required
by this Chapter shall be executed under penalty of perjury as though under
oath or affirmation, but no acknowledgement is required.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-204) (from Ch. 91 1/2, par. 3-204)
Sec. 3-204.
Whenever a statement or explanation is required to be given
to a recipient under this Chapter and the recipient does not read or understand
English, such statement or explanation shall be provided to him in a language
which he understands. Such statement or explanation shall be communicated in
sign language for any hearing impaired person for whom sign language is a
primary mode of communication. When a statement or explanation is provided in a
language other than English, or through the use of sign language, that fact and
the name of the persons by whom it was provided shall be noted in the
recipient's record. This Section does not apply to copies of petitions and
court orders.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-205) (from Ch. 91 1/2, par. 3-205)
Sec. 3-205.
Within 12 hours after the admission of a person to a mental
health facility under Article VI or Article VII of this Chapter the facility
director shall give the person a copy of the petition and a clear and concise
written statement explaining the person's legal status and his right to
counsel and to a court hearing. Following admission, any changes in the
person's legal status shall be fully explained to him. When an explanation
required by this Chapter must be given in a language other than English
or through the use of sign language, it shall be given within a reasonable
time before any hearing is held.
(Source: P.A. 82-205.)
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(405 ILCS 5/3-205.5)
Sec. 3-205.5.
Examination and social investigation.
When any person is
first presented for admission to a mental health facility under Chapter III of
this Code, within 72 hours thereafter, excluding Saturdays, Sundays, and
holidays, the facility shall provide or arrange for a comprehensive physical
examination, mental examination, and social investigation of that person. The
examinations and social investigation shall be used to determine whether some
program other than hospitalization will meet the needs of the person, with
preference being given to care or treatment that will enable the person to
return to his or her own home or community.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206)
Sec. 3-206.
Whenever a person is admitted or objects to admission, and
whenever a recipient is notified that his legal status is to be changed, the
facility director of the mental health facility shall provide the person, if he
is 12 or older, with the address and phone number of the Guardianship and
Advocacy Commission. If the person requests, the facility director shall
assist him in contacting the Commission.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904, 3-908, and 3-911 of
this Chapter shall be conducted by a utilization review committee. The Secretary
shall appoint a
utilization review committee at each Department facility. Each such committee
shall consist of a multi-disciplinary group of professional staff members who
are trained and equipped to deal with the clinical and treatment needs of
recipients. The recipient and the objector may be represented by persons of
their choice.
(b) The committee shall not be bound by rules of evidence or procedure
but shall conduct the proceedings in a manner intended to ensure a fair
hearing. The committee may make such investigation as it deems necessary.
A record of the proceedings shall be made and shall be kept in the recipient's
record. Within 3 days of conclusion of the hearing, the committee shall
submit to the facility director its written recommendations which include its factual findings
and conclusions. A copy of the recommendations shall be given to the recipient
and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director shall give written
notice to the recipient and objector of his acceptance or rejection of the
recommendations and his reason therefor. If the director of the facility rejects the recommendations or if the
recipient or objector requests review of the director's decision, the director
shall promptly forward a copy of his decision, the recommendations, and the
record of the hearing to the Secretary of the Department for
final review. The decision of the director or the decision of the
Secretary of the Department, if his review was requested,
shall be considered a final administrative decision.
(Source: P.A. 102-593, eff. 8-27-21.)
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(405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
Sec. 3-208.
Whenever a petition has been executed pursuant to Section
3-507, 3-601 or 3-701, and prior to this examination for the purpose of
certification of a person 12 or over, the person conducting this examination
shall inform the person being examined in a simple comprehensible manner of the
purpose of the examination; that he does not have to talk to the examiner; and
that any statements he makes may be disclosed at a court hearing on the issue
of whether he is subject to involuntary admission. If the person being
examined has not been so informed, the examiner shall not be permitted to
testify at any subsequent court hearing concerning the respondent's admission.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-209) (from Ch. 91 1/2, par. 3-209)
Sec. 3-209. Within three days of admission under this Chapter, a treatment
plan shall be prepared for each recipient of service and entered into his
or her record. The plan shall include an assessment of the recipient's
treatment needs, a description of the services recommended for treatment,
the goals of each type of element of service, an anticipated timetable for
the accomplishment of the goals, and a designation of the qualified professional
responsible for the implementation of the plan. The plan shall include a
written assessment of whether or not the recipient is in need of psychotropic medications. The plan shall be reviewed
and updated as the clinical condition warrants, but not less than every 30 days.
(Source: P.A. 94-1066, eff. 8-1-06.)
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(405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210)
Sec. 3-210. Employee as perpetrator of abuse. When an initial investigation of a reported allegation of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. An employee barred from contact with recipients of services shall remain barred: (1) pending the outcome of any further investigation, | ||
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(2) until the Department of Human Services Office of | ||
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For the purposes of this Section, "credible evidence" is any evidence that relates to the allegation or incident and that is considered believable and reliable.
(Source: P.A. 102-501, eff. 1-1-22.)
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(405 ILCS 5/3-211) (from Ch. 91 1/2, par. 3-211)
Sec. 3-211.
Resident as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a recipient of services indicates, based
upon credible evidence, that another recipient of services in a mental
health or developmental disability facility is the perpetrator of the
abuse, the condition of the recipient suspected of being the perpetrator
shall be immediately evaluated to determine the most suitable therapy and
placement, considering the safety of that recipient as well as the safety
of other recipients of services and employees of the facility.
(Source: P.A. 86-1013.)
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(405 ILCS 5/Ch. III Art. III heading) ARTICLE III.
INFORMAL ADMISSION
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(405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)
Sec. 3-300.
Admission.
(a) Any person desiring admission to a mental health facility
for treatment of a mental illness may be admitted upon his request without
making formal application therefor if, after examination, the facility director
considers that person clinically suitable for admission upon an informal
basis.
(b) Each recipient admitted under this Section shall be informed in writing
and orally at the time of admission of his right to be discharged from the
facility at any time during the normal daily day-shift hours of operation,
which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to
be discharged shall commence with the first
day-shift hours of operation after his admission.
(c) If the facility director decides to admit a person as a voluntary
recipient, he shall state in the recipient's record the reason why informal
admission is not suitable.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. III Art. IV heading) ARTICLE IV.
VOLUNTARY ADMISSION OF ADULTS
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(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
Sec. 3-400. Voluntary admission to mental health facility. (a) Any person 16 or older, including a person adjudicated a person with a disability, may be admitted to a mental health
facility as a voluntary recipient for treatment of a mental illness upon the
filing of an application with the facility director of the facility if the
facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission. (b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that: (1) He or she is being admitted to a mental health | ||
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(2) He or she may request discharge at any time. The | ||
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(3) Within 5 business days after receipt of the | ||
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(c) No mental health facility shall require the completion of a petition or certificate as a condition of accepting the admission of a recipient who is being transported to that facility from any other inpatient or outpatient healthcare facility if the recipient has completed an application for voluntary admission to the receiving facility pursuant to this Section. (Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/3-401) (from Ch. 91 1/2, par. 3-401)
Sec. 3-401.
(a) The application for admission as a voluntary recipient
may be executed by:
1. The person seeking admission, if 18 or older; or
2. Any interested person, 18 or older, at the request | ||
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3. A minor, 16 or older, as provided in Section 3-502.
(b) The written application form shall contain in large, bold-face type
a statement in simple nontechnical terms that the voluntary recipient may
be discharged from the facility at the earliest appropriate time, not to
exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a
written notice of his desire to be discharged, unless within that time,
a petition and 2 certificates are filed with the court asserting that the
recipient is subject to involuntary admission. Upon admission the right to
be discharged shall be communicated orally to the recipient and a copy of
the application form shall be given to the recipient and to any parent,
guardian, relative, attorney, or friend who accompanied the recipient to the
facility.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-401.1) Sec. 3-401.1. Transportation to mental health facility. Upon receipt of an application for admission prepared pursuant to this Article, any licensed ambulance service may transport a recipient to a mental health facility or from one mental health facility to another. An ambulance service, acting in good faith and without negligence in connection with the transportation of recipients shall incur no liability, civil or criminal, by reason of such transportation.
(Source: P.A. 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-402) (from Ch. 91 1/2, par. 3-402)
Sec. 3-402.
No physician, qualified examiner, or clinical psychologist
shall state to any person that involuntary admission may result if such
person does not voluntarily admit himself to a mental health facility unless
a physician, qualified examiner, or clinical psychologist who has examined
the person is prepared to execute a certificate under Section 3-602 and
the person is advised that if he is admitted upon certification, he
will be entitled to a court hearing with counsel appointed to represent
him at which the State will have to prove that he is subject to involuntary admission.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-403) (from Ch. 91 1/2, par. 3-403)
(Text of Section before amendment by P.A. 103-674)
Sec. 3-403.
A voluntary recipient shall be allowed to be discharged from the
facility at the earliest appropriate time, not to exceed 5 days, excluding
Saturdays, Sundays and holidays, after he gives any treatment staff person
written notice of his desire to be discharged unless he either withdraws the
notice in writing or unless within the 5 day period a petition and 2
certificates conforming to the requirements of paragraph (b) of Section 3-601
and Section 3-602 are filed with the court. Upon receipt of the petition, the
court shall order a hearing to be held within 5 days, excluding Saturdays,
Sundays and holidays, and to be conducted pursuant to Article IX of this
Chapter. Hospitalization of the recipient may continue pending further order
of the court.
(Source: P.A. 88-830.)
(Text of Section after amendment by P.A. 103-674) Sec. 3-403. A voluntary recipient shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after the recipient gives any treatment staff person written notice of the recipient's desire to be discharged unless the recipient either withdraws the notice in writing or unless within the 5 day period a copy of the written notice and a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3-601 and Section 3-602 are filed with the court. Upon receipt of the petition, the court shall order a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, and to be conducted pursuant to Article IX of this Chapter. Hospitalization of the recipient may continue pending further order of the court.(Source: P.A. 103-674, eff. 1-1-25.)
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(405 ILCS 5/3-404) (from Ch. 91 1/2, par. 3-404)
Sec. 3-404.
Thirty days after the voluntary admission of a recipient, the
facility director shall review the recipient's record and assess the need for
continuing hospitalization. The facility director shall consult with the
recipient if continuing hospitalization is indicated and request from the
recipient an affirmation of his desire for continued treatment. The request
and affirmation shall be noted in the recipient's record. Every 60 days
thereafter a review shall be conducted and a reaffirmation shall be secured
from the recipient for as long as the hospitalization continues. A recipient's
failure to reaffirm a desire to continue treatment shall constitute notice of
his desire to be discharged.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
Sec. 3-405.
(a) If the facility director of a Department mental
health facility declines to admit a
person seeking admission under Articles III or IV of this Chapter, a review of
the denial may be requested by the person seeking admission or, with his
consent, by an interested person on his behalf. Such a request may be made on
behalf of a minor presented for admission under Section 3-502, 3-503 or 3-504
by the minor's attorney, by the parent, guardian or person in loco parentis who
executed the application for his admission, or by the minor himself if he is 16
years of age or older. Whenever admission to a Department facility is denied,
the person seeking admission shall immediately be given written notice of the
right to request review of the denial under this Section and shall be provided,
if he is 12 or older, with the address and phone number of the Guardianship and
Advocacy Commission. If the person requests, the facility director shall assist him in contacting the
Commission. A written request for review shall be submitted to the director of
the facility that denied
admission
within 14 days of the denial. Upon receipt of the request, the facility
director shall
promptly
schedule a hearing to be held at the denying facility within 7 days pursuant to
Section 3-207.
(b) At the hearing the Department shall have the burden of proving that the person denied admission does
not meet the standard set forth in the Section under which admission is sought
or that an appropriate alternative community treatment program was available to
meet the person's needs and was offered. If the utilization review committee
finds that the decision denying admission is based upon substantial evidence,
it shall recommend that the denial of admission be upheld. However, if it finds
that the facility to which admission is sought can provide adequate and
appropriate treatment for the person and no appropriate community alternative
treatment is available, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide treatment
appropriate to the clinical condition and needs of the person denied admission,
it may recommend that the Department or other agency assist the person in
obtaining such treatment.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. III Art. V heading) ARTICLE V.
ADMISSION OF MINORS
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(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)
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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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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(405 ILCS 5/Ch. III Art. V-A heading)
ARTICLE V-A. RIGHT OF MINORS TO CONSENT TO COUNSELING SERVICES OR PSYCHOTHERAPY ON AN OUTPATIENT BASIS(Source: P.A. 100-614, eff. 7-20-18.)
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(405 ILCS 5/3-5A-105) Sec. 3-5A-105. (Renumbered).
(Source: P.A. 100-614, eff. 7-20-18. Renumbered by P.A. 102-558, eff. 8-20-21.) |
(405 ILCS 5/3-550) Sec. 3-550. Minors 12 years of age or older request to receive
counseling services or psychotherapy on an outpatient basis. (a) Any minor 12 years of age or older may request and receive
counseling services or psychotherapy on an outpatient basis. The consent
of the minor's parent, guardian, or person in loco parentis shall not be necessary
to authorize outpatient counseling services or psychotherapy. However, until the consent of the minor's parent, guardian,
or person in loco parentis has been obtained, outpatient counseling services or
psychotherapy provided to a minor under the age of 17
shall be initially limited to not more than 8 90-minute sessions. The service provider shall consider the factors contained in subsection (a-1) of this Section throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being. No later than the eighth session, the service provider shall determine and share with the minor the service provider's decision as described below: (1) If the service provider finds that attempting to | ||
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(2) If the minor does not permit the service | ||
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(3) If the minor permits the service provider to | ||
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(A) the service provider has made at least 2 | ||
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(B) the service provider has obtained the minor's | ||
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(4) If, after the eighth session, the service | ||
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(5) If the minor continues to receive counseling | ||
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(6) When counseling services or psychotherapy are | ||
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(a-1) Each of the following factors must be present in order for the service provider to find that obtaining the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being: (1) requiring the consent or notification of a | ||
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(2) the failure to provide the counseling services or | ||
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(3) the minor has knowingly and voluntarily sought | ||
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(4) in the opinion of the service provider, the minor | ||
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(a-2) The minor's parent, guardian, or person in loco parentis shall not be informed of the counseling services or psychotherapy without the written consent of the minor unless the service provider believes the disclosure is necessary under subsection (a) of this Section. If the facility director or service provider intends to disclose the fact of counseling services or psychotherapy, the minor shall be so informed and if the minor chooses to discontinue counseling services or psychotherapy after being informed of the decision of the facility director or service provider to disclose the fact of counseling services or psychotherapy to the parent, guardian, or person in loco parentis, then the parent, guardian, or person in loco parentis shall not be notified. Under the Mental Health and Developmental Disabilities Confidentiality Act, the facility director, his or her designee, or the service provider shall not allow the minor's parent, guardian, or person in loco parentis, upon request, to inspect or copy the minor's record or any part of the record if the service provider finds that there are compelling reasons for denying the access. Nothing in this Section shall be interpreted to limit a minor's privacy and confidentiality protections under State law. (b) The minor's parent, guardian, or person in loco parentis shall not
be liable for the costs of outpatient counseling services or psychotherapy which
is received by the minor without the consent of the minor's parent, guardian,
or person in loco parentis. (c) Counseling services or psychotherapy provided under this Section shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act.
(Source: P.A. 102-558, eff. 8-20-21.) |
(405 ILCS 5/Ch. III Art. VI heading) ARTICLE VI.
EMERGENCY ADMISSION BY CERTIFICATION
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(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) Sec. 3-600. A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis and in need of immediate hospitalization may be admitted to a
mental health facility pursuant to this Article.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601) Sec. 3-601. Involuntary admission; petition. (a) When a person is asserted to be subject to involuntary
admission on an inpatient basis and in such a condition that immediate hospitalization is necessary
for the protection of such person or others from physical harm, any person
18 years of age or older may present a petition to the facility director
of a mental health facility in the county where the respondent resides or is
present. The petition may be prepared by the facility director of the
facility. (b) The petition shall include all of the following: 1. A detailed statement of the reason for the | ||
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2. The name and address of the spouse, parent, | ||
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3. The petitioner's relationship to the respondent | ||
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4. The names, addresses and phone numbers of the | ||
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(c) Knowingly making a material false statement in the petition is a Class
A misdemeanor.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-601.1)
Sec. 3-601.1.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-601.2)
Sec. 3-601.2.
Consent to admission by healthcare surrogate.
A
surrogate decision maker under the Health Care Surrogate Act may not consent to
the
admission to a mental health facility of a person who lacks decision making
capacity. A surrogate may, however, petition for involuntary admission
pursuant to this Code. This Section does not affect the authority of a court
appointed guardian.
(Source: P.A. 90-538, eff. 12-1-97.)
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(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
Sec. 3-602.
The petition shall be accompanied by a certificate executed
by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states
that the respondent is subject to involuntary admission on an inpatient basis and requires immediate
hospitalization. The certificate shall indicate that the physician, qualified
examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not
more than 72 hours prior to admission. It shall also contain the physician's,
qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations,
other factual information relied upon in reaching a diagnosis, and a statement
as to whether the respondent was advised of his rights under Section 3-208.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603.
(a) If no physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical
psychologist
is immediately available or it is not possible after a diligent effort to
obtain the certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon presentation
of the petition alone pending the obtaining of such a certificate.
(b) In such instance the petition shall conform to the requirements of
Section 3-601 and further specify that:
1. the petitioner believes, as a result of his | ||
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2. a diligent effort was made to obtain a certificate;
3. no physician, qualified examiner, psychiatrist, or | ||
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4. a diligent effort has been made to convince the | ||
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(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-604) (from Ch. 91 1/2, par. 3-604)
Sec. 3-604.
No person detained for examination under this Article on
the basis of a petition alone may be held for more than 24 hours unless
within that period a certificate is furnished to or by the mental health
facility. If no certificate is furnished, the respondent shall be released forthwith.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared
pursuant to this Article, the county sheriff of the county in which a
respondent is found shall take a respondent into
custody and transport him to a mental health facility, or may make
arrangements
with another public or private entity including a licensed ambulance service to
transport the respondent to the mental health facility.
In the event it
is determined by such facility that the respondent is in need of commitment
or treatment at another mental health facility, the county sheriff
shall transport the respondent to the appropriate mental health facility,
or the county sheriff may make arrangements with another public or private
entity including a licensed
ambulance service to transport the respondent to the mental health facility.
(b) The county
sheriff
may delegate his duties under subsection (a) to another law enforcement body within
that county if that law enforcement body agrees.
(b-5) In counties with a population under 3,000,000, upon receipt of a petition and certificate prepared pursuant to this Article, the Department shall make arrangements to appropriately transport the respondent to a mental health facility. In the event it is determined by the facility that the respondent is in need of commitment or treatment at another mental health facility, the Department shall make arrangements to appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.
(c) The transporting authority acting in good faith and without negligence
in connection with the transportation of respondents shall incur no liability,
civil or criminal, by reason of such transportation.
(d) The respondent
and the estate of that respondent are liable for the payment
of transportation costs for transporting the respondent to a mental health
facility. If the respondent
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the respondent's
estate and shall not be subject to payment for transportation costs for
transporting the respondent to a mental health facility
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the respondent is unable to pay or if the estate
of the respondent is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount owing has been paid.
If the respondent is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the respondent's insurance
policy.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
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(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606) Sec. 3-606. A peace officer may take a person into custody and transport
him to a mental health facility when
the peace officer has reasonable grounds to believe that the person is
subject to involuntary admission on an inpatient basis and in need of immediate hospitalization
to protect such person or others from physical harm. Upon arrival at the
facility, the peace officer may
complete the petition under Section 3-601. If the petition is not completed by the peace officer transporting the person, the transporting officer's name, badge number, and employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
Sec. 3-607. Court ordered temporary detention and examination. 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 is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such
person or others from physical harm, 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 its conclusion.
The court may order a peace officer to take the person into custody and
transport him to a mental health facility. The person may be detained for
examination for no more than 24 hours to determine whether or not she or he is subject to involuntary admission and in need of immediate hospitalization. If a petition and certificate are executed within the 24 hours, the person may be
admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization. If the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization, the person may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. The provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section. If no petition or
certificate is executed, the person shall be released.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-608) (from Ch. 91 1/2, par. 3-608)
Sec. 3-608.
Upon completion of one certificate, the facility may begin
treatment of the respondent. 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 treatment
is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-609) (from Ch. 91 1/2, par. 3-609)
Sec. 3-609.
Within 12 hours after his admission, the respondent shall
be given a copy of the petition and a statement as provided in Section
3-206. Not later than 24 hours, excluding Saturdays, Sundays and holidays,
after admission, a copy of the petition and statement shall be given or
sent to the respondent's attorney and guardian, if any. The respondent
shall be asked if he desires such documents sent to any other persons, and
at least 2 such persons designated by the respondent shall receive such
documents. The respondent shall be allowed to complete no less 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 5/3-610) (from Ch. 91 1/2, par. 3-610)
Sec. 3-610.
As soon as possible but not later than 24 hours, excluding
Saturdays, Sundays and holidays, after admission of a respondent pursuant
to this Article, the respondent shall be personally examined by a psychiatrist. The
psychiatrist may be a member of the staff of the facility but shall not
be the person who executed the first certificate. If a certificate has already been completed by a psychiatrist following the respondent's admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. If the respondent is
not examined or if the psychiatrist, physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner does not execute a certificate pursuant
to Section 3-602, the respondent shall be released forthwith. For
the purpose of this Section, a personal examination includes an
examination performed in real time (synchronous examination)
via an Interactive Telecommunication System as defined in 89
Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
Telecommunication System may only be used for certification
under this Section when a psychiatrist is not on-site within
the time period set forth in this Section. If the examination
is performed via an Interactive Communication System, that fact
shall be noted on the certificate.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-611) (from Ch. 91 1/2, par. 3-611)
Sec. 3-611.
Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file 2 copies of the petition, the first certificate,
and proof of service of the petition and statement of rights upon the respondent
with the court in the county in which the facility is located. Upon completion
of the second certificate, the facility director shall promptly file it with
the court and provide a copy to the respondent. The facility director shall make copies of the certificates
available to the attorneys for the parties upon request. Upon the filing
of the petition and first certificate, the court shall set a hearing to
be held within 5 days, excluding Saturdays, Sundays and holidays, after
receipt of the petition. The court shall direct that notice of the time
and place of the hearing be served upon the respondent, his responsible
relatives, and the persons
entitled to receive a copy of the petition pursuant to Section 3-609.
(Source: P.A. 98-865, eff. 8-8-14.)
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(405 ILCS 5/Ch. III Art. VII heading) ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)
Sec. 3-700.
A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis may be admitted to an inpatient mental health facility upon court order pursuant
to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701) Sec. 3-701. (a) Any person 18 years of age or older may execute a petition
asserting that another person is subject to involuntary admission on an inpatient basis. The
petition shall be prepared pursuant to paragraph (b) of Section 3-601 and
shall be filed with the court in the county where the respondent resides or is
present. (b) The court may inquire of the petitioner whether there are reasonable
grounds to believe that the facts stated in the petition are true and whether
the respondent is subject to involuntary admission. The inquiry may proceed
without notice to the respondent only if the petitioner alleges facts
showing
that an emergency exists such that immediate hospitalization is necessary and
the petitioner testifies before the court as to the factual basis for the
allegations. (c) A petition for involuntary admission on an inpatient basis may be combined with or accompanied by a petition for involuntary admission on an outpatient basis under Article VII-A. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
Sec. 3-702.
(a) The petition may be accompanied by the certificate
of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies
that the respondent is subject to involuntary admission on an inpatient basis and which contains
the other information specified in Section 3-602.
(b) Upon receipt of the petition either with or without a certificate,
if the court finds the documents are in order, it may make such orders pursuant
to Section 3-703 as are necessary to provide for examination of the respondent.
If the petition is not accompanied by 2 certificates executed pursuant to
Section 3-703, the court may order the respondent to present himself for
examination at a time and place designated by the court.
If the petition is accompanied by 2 certificates executed pursuant to Section
3-703 and the court finds the documents are in order, it shall set the matter
for hearing.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
Sec. 3-703.
If no certificate was filed, the respondent shall be examined
separately by a physician, or clinical psychologist, advanced practice psychiatric nurse, or qualified examiner
and by a psychiatrist. If a certificate executed by a psychiatrist was
filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist. If a certificate executed by a qualified
examiner, clinical psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist
was filed, the respondent shall be examined by a psychiatrist. The
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other
persons listed in the petition for involuntary admission. If, as a
result of an examination, a certificate is executed, the certificate shall
be promptly filed with the court. If a certificate is executed, the
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may also submit for filing with the court a report in which
his findings are described in detail, and may rely upon such findings for
his opinion that the respondent is subject to involuntary admission on an inpatient basis.
Copies of the certificates shall be made available to the attorneys for the
parties upon request prior to the hearing. A certificate prepared in compliance with this Article shall state whether or not the respondent is in need of immediate hospitalization. However, if both the certificates state that the respondent is not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704) Sec. 3-704. Examination; detention. (a) The respondent shall be permitted to remain in his or her place of
residence
pending any examination. The respondent may be accompanied by one
or more of his or her relatives
or friends or by his or her attorney to the place of examination. If,
however, the
court finds that it is necessary in order to complete the examination the court
may order that the person be admitted to a mental health facility pending
examination and may order a peace officer or other person to transport the
person
there. The examination shall be conducted at a local mental health facility
or hospital or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this Section for more than 24
hours. The person shall be released upon completion of the examination unless
the physician, qualified examiner or clinical psychologist executes a
certificate stating that the person is subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization to protect such person or others from
physical harm. Upon admission under this Section treatment may be given
pursuant to Section 3-608. (a-5) Whenever a respondent has been transported to a mental health
facility for an examination, the admitting facility shall inquire, upon the
respondent's arrival, whether the respondent wishes any person or persons to be
notified of his or her detention at that facility. If the respondent does
wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate
the individual identified by the respondent, or
at least 2 individuals identified by the respondent
if more than one has been identified,
and notify them
of the respondent's detention at the facility for a mandatory examination
pursuant to court order. (b) Not later than 24 hours, excluding Saturdays, Sundays, and holidays,
after admission under this Section, the respondent shall be asked if he
desires the petition and the notice required under Section 3-206 sent to
any other persons and at least 2 such persons designated by the respondent
shall be sent the documents. At the time of his admission the respondent
shall be allowed to complete not fewer than 2 telephone calls to such persons
as he chooses.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-704.1)
Sec. 3-704.1. (Repealed).
(Source: P.A. 91-837, eff. 6-16-00. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-705) (from Ch. 91 1/2, par. 3-705)
Sec. 3-705.
At least 36 hours before the time of the examination fixed
by the court, a copy of the petition, the order for examination, and a statement
of rights as provided in Section 3-205 shall be personally delivered to
the person and shall be given personally or sent by mail to his attorney
and guardian, if any. If the respondent is admitted to a mental health
facility for examination under Section 3-704, such notices may be delivered
at the time of service of the order for admission.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
Sec. 3-706.
The court shall set a hearing to be held within 5 days,
excluding Saturdays, Sundays and holidays, after its receipt of the second
certificate or after the respondent is admitted to a mental health facility,
whichever is earlier. The court shall direct that notice of the time and
place of hearing be served upon the respondent, his attorney, and guardian,
if any, his responsible relatives, and the facility director.
Unless the respondent is admitted pursuant to Section 3-704, he may remain
at his residence pending the hearing. If, however, the court finds it
necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. III Art. VII-A heading) ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-750) Sec. 3-750. Involuntary admission on an outpatient basis. A person 18 years of age or older who is subject to involuntary admission on an outpatient basis may receive alternative treatment in the community or may be placed in the care and custody of a relative or other person upon court order pursuant to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-751) Sec. 3-751. Involuntary admission; petition. (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an outpatient basis. The petition shall be prepared pursuant to paragraph (b) of Section 3-601 and shall be filed with the court in the county where the respondent resides or is present. (b) The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts stated in the petition are true and whether the respondent is subject to involuntary admission on an outpatient basis. (c) A petition for involuntary admission on an outpatient basis may be combined with or accompanied by a petition for involuntary admission on an inpatient basis under Article VII.
(d) Notwithstanding any other provision in this Chapter, a petition may be filed under this Article prior to the expiration of an agreed order for outpatient admission issued pursuant to Section 3-801.5 of this Chapter, provided that the recipient has refused to agree to an extension of the agreed order as provided in subsection (g) of Section 3-801.5. The filing of such a petition at least 5 days prior to the expiration of such an agreed order shall continue the order in effect pending the disposition of the petition. (e) A petition for involuntary outpatient commitment may be filed pursuant to this Section concerning a person who has been admitted to a mental health facility on an informal basis under Section 3-300 of this Code or as a voluntary recipient under Section 3-400 of this Code provided that such a person has a documented history of illness and treatment demonstrating that he or she is unlikely to continue to receive needed treatment following release from informal or voluntary admission and that an order for alternative treatment or for care and custody is necessary in order to ensure continuity of treatment outside a mental health facility. The filing of such a petition shall not prevent the recipient from requesting and obtaining a discharge pursuant to subsection (b) of Section 3-300 or Section 3-404, nor shall it prevent the facility director from discharging the recipient pursuant to Section 3-902 of this Code. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-752) Sec. 3-752. Certificate. (a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis. The certificate shall indicate that the physician, qualified examiner, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not more than 72 hours prior to the completion of the certificate. It shall also contain the physician's, qualified examiner's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his or her rights under Section 3-208. (b) Upon receipt of the petition either with or without a certificate, if the court finds the
documents are in order, it may make such orders pursuant to Section 3-753 as are necessary to
provide for examination of the respondent. If the petition is not accompanied by 2 certificates
executed pursuant to Section 3-753, the court may order the respondent to present himself or herself for
examination at a time and place designated by the court. If the petition is accompanied by 2
certificates executed pursuant to Section 3-753 and the court finds the documents are in order, the court
shall set the matter for hearing.
(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-753) Sec. 3-753. Examination. If no certificate was filed, the respondent shall be examined separately by a physician, clinical
psychologist, advanced practice psychiatric nurse, or qualified examiner and by a psychiatrist. If a certificate executed by a
psychiatrist was filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist. If a certificate executed by a qualified examiner, clinical
psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist was filed, the respondent shall be examined
by a psychiatrist. The examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other persons listed in the
petition for involuntary admission. If, as a result of an examination, a certificate is executed, the
certificate shall be promptly filed with the court. If a certificate is executed, the examining
physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or psychiatrist may also submit for filing
with the court a report in which his or her findings are described in detail, and may rely upon such
findings for his opinion that the respondent is subject to involuntary admission. Copies of the
certificates shall be made available to the attorneys for the parties upon request prior to the
hearing.
(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-754) Sec. 3-754. Detention. (a) The respondent shall be permitted to remain in his or her place of residence pending
any examination. The respondent may be accompanied by one or more of his or her relatives or
friends or by his or her attorney to the place of examination. If, however, the respondent refuses
to cooperate with an examination on an outpatient basis, the court may order that the person be
admitted to a mental health facility solely for the purpose of such examination and may order a
peace officer or other person to transport the person there. The examination shall be conducted at
a local mental health facility or hospital or, if possible, in the respondent's own place of
residence. No person may be detained for examination under this Section for more than 24 hours.
The person shall be released upon completion of the examination unless the physician, qualified
examiner or clinical psychologist executes a certificate stating that the person is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect
such person or others from physical harm and a petition is filed pursuant to Section 3-701. Upon
admission under this Section, treatment may be given pursuant to Section 3-608. If the respondent
is admitted on an inpatient basis, the facility shall proceed pursuant to Article VII. (b) Whenever a respondent has been transported to a mental health facility for an
examination, the admitting facility shall inquire, upon the respondent's arrival, whether the
respondent wishes any person or persons to be notified of his or her detention at that facility. If
the respondent does wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate the individual identified
by the respondent, or at least 2 individuals identified by the respondent if more than one has been
identified, and notify them of the respondent's detention at the facility for a mandatory
examination pursuant to court order.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-755) Sec. 3-755. Notice. At least 36 hours before the time of the examination fixed by the court, a copy of the
petition, the order for examination, and a statement of rights as provided in Section 3-205 shall
be personally delivered to the person and shall be given personally or sent by mail to his or her attorney
and guardian, if any. If the respondent is admitted to a mental health facility for examination
under Section 3-754, such notices may be delivered at the time of service of the order for
admission.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-756) Sec. 3-756. Court hearing. The court shall set a hearing to be held within 15 days, excluding Saturdays, Sundays, and
holidays, after its receipt of the second certificate. The court shall direct that notice of the time
and place of hearing be served upon the respondent, his or her attorney, and guardian, if any, and his
or her responsible relatives. The respondent may remain at his residence pending the hearing. If,
however, the court finds it necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/Ch. III Art. VIII heading) ARTICLE VIII.
COURT HEARINGS
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(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
Sec. 3-800.
(a) Unless otherwise indicated, court hearings under this
Chapter shall be held pursuant to this Article. Hearings shall be held
in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental health facility
where the respondent is hospitalized. The respondent may
request to have the proceedings transferred to the county of his or her residence. The court shall grant the request if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(c) Court hearings under this Chapter, including hearings under Section
2-107.1, shall be open to the press and public unless the
respondent or some other party requests that they be closed. The court may
also indicate its intention to close a hearing, including when it determines
that the respondent may be unable to make a reasoned decision to request that
the
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by a party or any
other person. If
an objection is made, the court shall not close the hearing unless, following a
hearing, it determines that the patient's interest in having the hearing closed
is compelling. The court shall support its determination with written findings
of fact and conclusions of law. The court shall not close the hearing if the
respondent objects to its closure. Whenever a court determines that a hearing
shall be closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the parties involved
in the hearing, court personnel, and any person or agency providing mental
health services that are the subject of the hearing. Access may also
be granted, however, pursuant to the provisions of the Mental Health and
Developmental
Disabilities Confidentiality Act. (d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under this Code to determine if the defendant is: (1) in need of mental health services on an inpatient | ||
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(2) in need of mental health services on an | ||
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(3) not in need of mental health services. While the impact statement to the court allowed under this subsection (d) may include the impact that the respondent's criminal conduct has had upon the victim, victim's representative, or victim's family or household member, the court may only consider the impact statement along with all other appropriate factors in determining the: (i) threat of serious physical harm posed by the | ||
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(ii) location of inpatient or outpatient mental | ||
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(iii) maximum period of commitment for inpatient | ||
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(iv) conditions of release for outpatient mental | ||
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(e) Notwithstanding the provisions of Section 2-1009 of the Code of Civil Procedure, a respondent may object to a motion for voluntary dismissal and the court may refuse to grant such a dismissal for good cause shown. (Source: P.A. 99-220, eff. 7-31-15.)
|
(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801) Sec. 3-801. A respondent may request admission as an informal or voluntary
recipient at any time prior to an adjudication that he is subject to
involuntary admission on an inpatient or outpatient basis.
The facility director shall approve such a request unless the facility
director
determines
that the respondent lacks the capacity to consent to informal or voluntary
admission or
that informal or voluntary admission is clinically inappropriate. The director
shall not
find that voluntary admission is clinically inappropriate in the absence of a
documented
history of the respondent's illness and treatment demonstrating that the
respondent is
unlikely to continue to receive needed treatment following release from
informal or
voluntary admission and that an order for involuntary admission on an outpatient basis is
necessary in order to ensure continuity of
treatment outside a mental health facility.
If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her right to object thereto, if the petitioner has requested such notification on that individual recipient. The court may dismiss the pending proceedings, but shall consider any objection made by the petitioner, the respondent, or the State's Attorney and may require proof that such
dismissal is in the best interest of the respondent and of the public.
If voluntary admission is accepted and the petition is dismissed by the court, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-801.5) Sec. 3-801.5. Agreed order for admission on an outpatient basis. (a) At any time before the conclusion of the hearing and the entry of the
court's
findings, a respondent may enter into an agreement to be subject to an order
for
admission on an outpatient basis as provided for in Sections 3-811,
3-812, and 3-813 of this Code, provided that: (1) The court and the parties have been presented | ||
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(2) The court advises the respondent of the | ||
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(3) The proposed custodian is advised of the | ||
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(4) No such order may require the respondent to be | ||
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(5) No order may include as one of its conditions the | ||
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(b) An agreed order of care and custody entered pursuant to this Section may
grant the custodian the authority to admit a respondent to a hospital if the
respondent fails
to comply with the conditions of the agreed order. If necessary in order to
obtain the
hospitalization of the respondent, the custodian may apply to the court for an
order
authorizing an officer of the peace to take the respondent into custody and
transport the
respondent to the hospital specified in the agreed order. The provisions of
Section 3-605
of this Code shall govern the transportation of the respondent to a mental
health facility,
except to the extent that those provisions are inconsistent with this Section.
However, a
person admitted to a hospital pursuant to powers granted under an agreed order
for care
and custody shall be treated as a voluntary recipient pursuant to Article IV of
this Chapter
and shall be advised immediately of his or her right to request a discharge
pursuant to
Section 3-403 of this Code. (c) If the court has appointed counsel for the respondent pursuant to
Section 3-805
of this Code, that appointment shall continue for the duration of any order
entered under
this Section, and the respondent shall be represented by counsel in any
proceeding held
pursuant to this Section. (d) An order entered under this Section shall not constitute a finding that
the
respondent is subject to involuntary admission on an inpatient or outpatient basis. (e) Nothing in this Section shall be deemed to create an agency relationship
between the respondent and any custodian appointed pursuant to this Section. (f) Notwithstanding any other provision of Illinois law, no respondent may
be
cited for contempt for violating the terms and conditions of his or her agreed
order of care
and custody.
(g) An order entered under this Section may be extended with the agreement of the parties for additional 180-day periods. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802) Sec. 3-802. The respondent is entitled to a jury on the question of
whether he is subject to involuntary admission on an inpatient or outpatient basis. The jury shall consist
of 6 persons to be chosen in the same manner as are jurors in other civil
proceedings.
A respondent is not entitled to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under Section 2-107.1.(Source: P.A. 95-172, eff. 8-14-07; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-803) (from Ch. 91 1/2, par. 3-803)
Sec. 3-803.
The court may appoint one or more physicians, qualified
examiners, clinical psychologists or other experts to examine the respondent
and make a detailed written report of his findings regarding the respondent's
condition. Any such physician or other examiner so appointed may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission. The report shall be filed
with the court and copies shall be made available to the attorneys for
the parties.
(Source: P.A. 85-558.)
|
(405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804)
Sec. 3-804.
The respondent is entitled to secure an independent examination
by a physician, qualified examiner, clinical psychologist or other expert
of his or her choice. If the respondent is unable to obtain an examination in an involuntary admission proceeding, a discharge proceeding under Section 3-901 of this Code, or in a proceeding under Section 2-107.1 of this Code, the respondent
may request that the court order an examination to be made by a physician, qualified examiner,
clinical psychologist, or other expert. Any such physician or other
examiner, whether secured by the respondent or appointed by the court, may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission, the petition for discharge under Section 3-901 of this Code, or in the petition for medication or therapy under Section 2-107.1 of this Code. The physician or other examiner
may submit to the court a report in which his or her findings are described in
detail. The court must determine the compensation of the examiner or other expert. The compensation must be paid by the respondent's county of residence unless the respondent is not a resident of this State, in which case the fee must be paid by the county in which the proceeding is pending.
(Source: P.A. 98-853, eff. 1-1-15.)
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(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805) Sec. 3-805. Every respondent alleged to be subject to involuntary
admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes is necessary. 1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Mental Health Advocacy Commission, if available. 2. If an attorney from the Guardianship and Mental Health Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State. 3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is unable to pay.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-806) (from Ch. 91 1/2, par. 3-806)
Sec. 3-806.
Presence at hearing; location.
(a) The respondent shall be present at any hearing held under
this Act unless his attorney waives his right to be present and the court
is satisfied by a clear showing that the respondent's attendance would subject
him to substantial risk of serious physical or emotional harm.
(b) The court shall make reasonable accommodation of any request by the
recipient's attorney concerning the location of the hearing. If the
recipient's attorney advises the court that the recipient refuses to attend,
the hearing may proceed in his or her absence.
(c) No inference may be drawn from the recipient's non-attendance pursuant
to either subsection (a) or (b) of this Section.
(Source: P.A. 89-439, eff. 6-1-96.)
|
(405 ILCS 5/3-806.1) Sec. 3-806.1. Video conferencing. (a) Notwithstanding the provisions in Section 3-806, the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in all hearings under this Chapter subject to the following provisions: (1) Such hearings are permitted if the parties, | ||
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(2) Such hearings are permitted if the respondent and | ||
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(3) Video conferencing under this subsection (a) | ||
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(b) Notwithstanding the above provisions, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting such testimony.
(Source: P.A. 96-1321, eff. 1-1-11.) |
(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807) Sec. 3-807. No respondent may be found subject to involuntary admission
on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical
psychologist, advanced practice psychiatric nurse, or qualified examiner who has examined the respondent testifies in person at the hearing. The
respondent may waive the requirement of the testimony subject to the
approval of the court.(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-808) (from Ch. 91 1/2, par. 3-808) Sec. 3-808. No respondent may be found subject to involuntary admission
on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809) Sec. 3-809. If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis,
the court shall dismiss the petition and order the respondent discharged.
If the respondent is found subject to involuntary admission on an inpatient or outpatient basis, the court shall
enter an order so specifying. If the court is not satisfied with the verdict
of the jury finding the respondent subject to involuntary admission on an inpatient or outpatient basis, it
may set aside such verdict and order the respondent discharged or it may
order another hearing.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810) Sec. 3-810. Before disposition is determined, the facility director
or such other person as the court may direct shall prepare a written report
including information on the appropriateness and availability of alternative
treatment settings, a social investigation of the respondent, a preliminary
treatment plan, and any other information which the court may order.
The treatment plan shall describe the respondent's problems and needs, the
treatment goals, the proposed treatment methods, and a projected timetable for
their attainment. If the respondent is found subject to involuntary admission on an inpatient or outpatient basis,
the court shall consider the report in determining an appropriate disposition.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) Sec. 3-811. Involuntary admission; alternative mental health facilities. (a) If any person is found subject to involuntary admission on an inpatient basis, the court shall
consider alternative mental health facilities which are appropriate for and
available to the respondent, including but not limited to hospitalization. The
court may order the respondent to undergo a program of hospitalization in a
mental health facility designated by the Department, in a licensed private hospital or private
mental health facility if it agrees, or in a facility of the United
States
Veterans Administration if it agrees. If any person is found subject to involuntary admission on an outpatient basis, the court may order the respondent
to undergo a program of alternative treatment; or the court may place the
respondent
in the care and custody of a relative or other person willing and able to
properly care for him or her. The court shall order the least
restrictive alternative for treatment which is appropriate. (b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d). (c) An order that a person is found subject to involuntary admission on an inpatient basis does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient. (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.) |
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) Sec. 3-812. Court ordered admission on an outpatient basis; modification;
revocation. (a) If a respondent is found subject to involuntary admission on an outpatient basis, the court may issue an order: (i) placing the respondent in the care and custody of a relative or other
person willing and able to properly care for him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider. (b) An order placing the respondent in the care and custody of a relative or other person shall
specify the powers and duties of the custodian. An order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a respondent to a hospital if the
respondent fails to comply with the conditions of the order. If necessary in order to obtain the
hospitalization of the respondent, the custodian may apply to the court for an order authorizing an
officer of the peace to take the respondent into custody and transport the respondent to a mental health facility. The provisions of Section 3-605 shall govern
the transportation of the respondent to a mental health facility, except to the extent that those
provisions are inconsistent with this Section. No person admitted to a hospital pursuant to this
subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays,
unless, within that period, a petition for involuntary admission on an inpatient basis and a
certificate supporting such petition have been filed as provided in Section 3-611. (c) Alternative treatment shall not be ordered unless the program being
considered is capable of providing adequate and humane treatment in the least
restrictive setting which is appropriate to the respondent's condition. The court shall have continuing authority to modify an order for
alternative treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment. Prior to modifying
such an order, the court shall receive a report from the facility director
of the program specifying why the alternative treatment is unsuitable. The
recipient shall be notified and given an opportunity to respond when
modification of the order for alternative treatment is considered. If the court determines that the
respondent has violated the order for alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate assurances for the safety of the
respondent or others, the court may revoke the order for alternative treatment in the community
and
may order a peace officer to take the recipient into custody and transport him to an inpatient
mental health facility. The provisions of
Section 3-605 shall govern the transportation of the respondent to a mental health
facility, except to the extent that those provisions are inconsistent with this Section. No person
admitted to a hospital pursuant to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within that period, a petition for involuntary
admission on an inpatient basis and a certificate supporting such petition have been filed as
provided in Section 3-611.(Source: P.A. 98-221, eff. 1-1-14.) |
(405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) Sec. 3-813. (a) An initial order for commitment on an inpatient basis shall be for a
period not to exceed 90 days. Prior to the expiration of the
initial order
if the facility director believes that the recipient continues to be
subject to involuntary admission on an inpatient or outpatient basis, a new petition and 2 new certificates may
be filed with the court. If a petition is filed, the facility director
shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he is
benefiting from treatment. If no petition is filed prior to the expiration
of the initial order, the recipient shall be discharged. Following a hearing,
the court may order a second period of commitment on an inpatient basis not to exceed 90
days only if it finds that the recipient continues to be subject to
involuntary admission on an inpatient basis. If, following a hearing, the court determines that
the respondent is subject to involuntary admission on an outpatient basis as provided in Section
3-812, the court may order the respondent committed on an outpatient basis for a
period not to exceed 180 days. (a-1) An initial order of commitment on an outpatient basis shall be for a period not to
exceed 180 days. Prior to the expiration of the initial order, if the facility director or the custodian
believes that the recipient continues to be subject to involuntary admission on an outpatient basis,
a new petition and 2 new certificates may be filed with the court. If a petition is filed, the facility
director or the custodian shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he or she is benefiting from treatment. If
no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.
Following a hearing, the court may order a second period of commitment on an outpatient basis
not to exceed 180 days only if it finds that the recipient continues to be subject to involuntary
admission on an outpatient basis. (b) Additional 180 day periods of inpatient or outpatient commitment may be sought pursuant to
the procedures set out in this Section for so long as the recipient continues
to meet the standard for such commitment. The provisions of this chapter which
apply whenever an initial order is sought shall apply whenever an
additional period of inpatient or outpatient commitment is sought.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
Sec. 3-814.
Treatment plan.
(a) Not more than 30 days after admission under this Article,
the facility director shall file with the court a current treatment plan which
shall include: all the requirements listed in Section 3-209, an evaluation of the recipient's progress and the extent to
which he is benefiting from treatment, the criteria which form the basis for
the determination that the patient is
subject to involuntary admission as defined in Section 1-119, and the specific
behaviors or conditions that demonstrate that the recipient meets these
criteria for continued confinement.
If the facility director is unable to determine any of the required
information, the treatment plan shall include an explanation of why the
facility director is unable to make this determination, what the facility
director is doing to enable himself or herself to determine the information,
and the date by which the facility director expects to be able to make this
determination. The facility director shall forward a copy of the plan to the
State's Attorney, the recipient's attorney, if the recipient is represented by
counsel, the recipient, and any guardian of the recipient.
(b) The purpose of the filing, forwarding, and review of treatment plans
and treatment is to ensure that the recipient is receiving adequate and humane
care and services as defined in Section 1-101.2 and to ensure that the
recipient
continues to meet the standards for involuntary confinement.
(c) On request of the recipient or an interested person on his behalf, or on
the court's own initiative,
the court shall review the current treatment
plan
to determine whether its contents comply with the requirements of this
Section and Section 3-209.
A request to review the current treatment plan may be made by the recipient,
or by an interested person on his behalf, 30 days after initial commitment
under Section 3-813, 90 days after the initial commitment, and 90 days after
each additional period of commitment under subsection (b) of Section 3-813.
If the court determines that any of the information required by this Section
or Section 3-209 to be included in the treatment plan is not in the treatment
plan or that the treatment plan does not contain information from which the
court can determine whether the recipient continues to meet the criteria for
continued confinement, the court shall indicate what is lacking and order the
facility director to revise the current treatment plan to comply with this
Section and Section 3-209.
If the recipient has been ordered committed to the facility after
he has been found not guilty by reason of insanity, the treatment plan and
its review shall be subject to the provisions of Section 5-2-4 of the
Unified Code of Corrections.
(d) The recipient or an interested person on his or her behalf may request
a
hearing or the court on its own motion may order a hearing to review the
treatment being received by the recipient. The court, the recipient, or the
State's Attorney may call witnesses at the hearing.
The court may order any public agency, officer, or
employee to render such information, cooperation, and assistance as is within
its legal authority and as may be appropriate to achieve the objectives
of this Section. The
court may order an independent examination on
its own initiative and shall order such an evaluation if either the recipient
or the State's Attorney so requests and has demonstrated to the court that the
plan cannot be effectively reviewed by the court without such an examination.
Under no circumstances shall the court be required to order an independent
examination pursuant to this Section more than once each year. The examination
shall be conducted by persons authorized to conduct independent examinations
under Section 3-804. If
the court is satisfied that the recipient is benefiting from treatment, it may
continue the original order for the remainder of the admission period. If the
court is not so satisfied, it may modify its original order or
it may order the recipient discharged.
(e) In lieu of a treatment plan, the facility director may file a typed
summary of the treatment plan which contains the information required under
Section 3-209 and subsection (a) of this Section.
(Source: P.A. 91-536, eff. 1-1-00.)
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(405 ILCS 5/3-815)
Sec. 3-815. (Repealed).
(Source: P.A. 86-1402. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
Sec. 3-816.
Final orders; copies; appeal.
(a) Every final order entered by the court under this Act
shall be in writing and shall be accompanied by a statement on the record
of the court's findings of fact and conclusions of law. A copy of such
order shall be promptly given to the recipient or his or her attorney and
to the
facility director of the facility or alternative treatment to which the
recipient is admitted or to the person in whose care and
custody the recipient is placed.
(b) An appeal from a final order may be taken in the same manner as in
other civil cases. Upon entry of a final order, the court shall notify
the recipient orally and in writing of his or her right to appeal and, if
he
or she is indigent,
of his or her right to a free transcript and counsel. The cost of the
transcript shall be paid pursuant to subsection (c) of Section 3-818 and
subsection (c) of Section 4-615
of this Code. If the recipient
wishes to appeal and is unable to obtain counsel, counsel shall be
appointed pursuant to Section 3-805.
(Source: P.A. 90-765, eff. 8-14-98.)
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(405 ILCS 5/3-817) (from Ch. 91 1/2, par. 3-817)
Sec. 3-817.
A verbatim record shall be made of all judicial hearings
held pursuant to this Chapter.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
Sec. 3-818. Fees; costs.
(a) Fees for jury service, witnesses, and service and execution
of process are the same as for similar services in civil proceedings.
(b) Except as provided under subsection (c) of this Section, the court
may assess costs of the proceedings against the parties.
If the respondent is not a resident of the county in which the hearing is
held and the party against whom the court would otherwise assess costs has
insufficient funds to pay the costs, the court may enter an order upon the
State to pay the cost of the proceedings, from funds appropriated by the
General Assembly for that purpose.
(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code. Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Comptroller.
(Source: P.A. 95-146, eff. 1-1-08.)
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(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
Sec. 3-819. (a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order
may authorize a relative or friend of the recipient to transport the recipient
to the facility if such person is able to do so safely and humanely. When
the Department indicates that it has transportation to the facility available,
the order may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such proceedings
are held to transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental health facility, and
it is determined by the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall determine whether
a relative or friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the county sheriff
is responsible for transporting the recipient between facilities. The sheriff
may make arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the facility. The
transporting entity acting in good faith and without negligence in connection
with the transportation of recipients shall incur no liability, civil or
criminal, by reason of such transportation.
(a-5) In counties with a population under 3,000,000, when a recipient is hospitalized upon court order, the order may authorize a relative or friend of the recipient to transport the recipient to the facility if the person is able to do so safely and humanely. The court may order the Department to transport the recipient to the facility. When a recipient is hospitalized upon court order, and the recipient has been transported to a mental health facility other than a State-operated mental health facility, and it is determined by the facility that the recipient is in need of commitment or treatment at another mental health facility, the court shall determine whether a relative or friend of the recipient is authorized to transport the recipient between facilities, or whether the Department is responsible for transporting the recipient between facilities. If the court determines that the Department is responsible for the transportation, the Department shall make arrangements either directly or through agreements with another public or private entity, including a licensed ambulance service, to appropriately transport the recipient to the facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the recipient is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the recipient and (ii) that the recipient's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation. A transporting entity acting in good faith and without negligence in connection with the transportation of a recipient incurs no liability, civil or criminal, by reason of that transportation.
(b) The transporting entity may
bill the recipient,
the estate of the recipient, legally responsible relatives, or insurance
carrier for the cost of providing transportation of the recipient to a mental
health facility. The recipient and the estate of the recipient are liable
for the payment of transportation costs for transporting the recipient to a
mental health facility. If the recipient is a beneficiary of a trust
described in Section 509 of the Illinois Trust Code, the trust shall
not be considered a part of the recipient's estate and shall not be subject
to payment for transportation costs for transporting the recipient to a
mental health facility under this section, except to the extent permitted
under Section 509 of the Illinois Trust Code. If the recipient is
unable to pay or if the estate of the recipient is insufficient, the
responsible relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been paid. If
the recipient is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the recipient's insurance
policy.
(c) Upon the delivery of a recipient to a facility, in accordance with the
procedure set forth in this Article, the facility director of the facility
shall sign a receipt acknowledging custody of the recipient and for any
personal property belonging to him, which receipt shall be filed with the clerk
of the court entering the hospitalization order.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
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(405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820)
Sec. 3-820.
Domestic violence; order of protection.
An order
of protection, as defined in the Illinois Domestic Violence Act of 1986, may be
issued in conjunction
with a proceeding for involuntary commitment if the petition for an order
of protection alleges that a person who is party to or the subject of the
proceeding has been abused by or has abused a family or household member.
The Illinois Domestic Violence Act of 1986 shall govern the issuance,
enforcement, and recording of orders of protection issued
under this Section.
(Source: P.A. 92-16, eff. 6-28-01.)
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(405 ILCS 5/Ch. III Art. IX heading) ARTICLE IX.
DISCHARGE RESTORATION TRANSFER
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(405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900) Sec. 3-900. (a) Any person committed on an inpatient or outpatient basis on court order under this Chapter
or under any prior statute or any person on his behalf may file a petition for
discharge at any time in the court of the county where the recipient resides or
is found. (b) The petition shall set forth: (1) the name of the recipient; (2) the
underlying circumstances and date of the order; (3) a request for discharge
from the order; and (4) the reasons for such request.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901) Sec. 3-901. (a) Upon the filing of a petition under Section 3-900 or
Section 3-906, the court shall set the matter for 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 given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate. (b) Article VIII of this Chapter applies to hearings held under this
Section. The court shall
determine whether the recipient is: (i) subject to involuntary admission on an inpatient basis; (ii)
subject to involuntary admission on an outpatient basis; or (iii) not subject to involuntary
admission on either an inpatient or outpatient basis. If the court finds that the recipient is not subject to involuntary
admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability. A copy of any order discharging the recipient shall be given
to the recipient and to the facility director. (b-1) If the court determines that the recipient is subject to involuntary admission on an
outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812. (c) If the court determines that the recipient continues to be subject to
involuntary admission on an inpatient basis, the court may continue or modify its original order in
accordance with this Act. Thereafter, no new petition for discharge may be
filed without leave of court.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902) Sec. 3-902. Director initiated discharge. (a) The facility director may at any time discharge an informal,
voluntary, or minor recipient who is clinically suitable for discharge. (b) The facility director shall discharge a recipient admitted upon court
order under this Chapter or any prior statute where he is no longer subject
to involuntary admission on an inpatient basis. If the facility director believes that continuing
treatment is advisable for such recipient, he shall inform the recipient of his
right to remain as an informal or voluntary recipient. If the facility director determines that the recipient is subject to involuntary admission
on an outpatient basis, he or she shall petition the court for such a commitment pursuant to this Chapter. (c) When a facility director discharges or changes the status of a recipient
pursuant to this Section he shall promptly notify the clerk of the court
which entered the original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the action taken in
the court record. If the person being discharged is a person under legal
disability, the facility director shall also submit a certificate regarding his
legal status without disability pursuant to Section 3-907. (d) When the facility director determines that discharge is appropriate
for a recipient pursuant to this Section or Section 3-403 he or she shall
notify the state's attorney of the county
in which the recipient resided immediately prior to his admission to a mental
health facility and the state's attorney of the county where the last
petition for commitment was filed at least 48 hours prior to the discharge when
either state's attorney has requested in writing such notification on that
individual recipient or when
the facility director regards a recipient as a continuing threat to the peace
and safety of the community. Upon receipt of such notice, the state's attorney
may take any court action or notify such peace officers that he deems
appropriate. When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403, he or she shall notify the person whose petition pursuant to Section 3-701 resulted in the current hospitalization of the recipient's discharge at least 48 hours prior to the discharge, if the petitioner has requested in writing such notification on that individual recipient. (e) The facility director may grant a temporary release to a recipient whose
condition is not considered appropriate for discharge where such release
is considered to be clinically appropriate, provided that the release does
not endanger the public safety.(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-903) (from Ch. 91 1/2, par. 3-903)
Sec. 3-903.
(a) The facility director shall give written notice of discharge
from a Department mental health facility to the recipient, his attorney, and
guardian, if any, or in the case of a minor, to his attorney, to the parent,
guardian, or person in loco parentis who executed the application for
admission, to the resident school district when appropriate, and to the minor
if he is l2 years of age or older. The notice, except that to the school
district, shall include the reason for discharge and a statement of the right
to object. Whenever possible, this notice shall be given at least 7 days prior
to the date of intended discharge.
(b) A recipient may object to his discharge or his attorney or guardian
may object on his behalf. In the case of a minor, his attorney, the person
who executed the application or the minor himself if he is 12 years of age
or older may object to the discharge. Prior to discharge a written objection
shall be submitted to the facility director of the mental health facility
where the recipient is located. Upon receipt of an objection, the facility
director shall promptly schedule a hearing to be held within 7 days at the
facility pursuant to Section 3-207. No discharge shall proceed pending
hearing on an objection, unless the person objecting to the discharge consents
to discharge pending the outcome of the hearing.
(c) At the hearing the Department shall have the burden of proving that
the recipient meets the standard for discharge under this Chapter and under
Section 15 of the Mental Health and Developmental Disabilities Administrative
Act. If the utilization review committee finds
that the Department sustained its burden and that the proposed discharge is
based upon substantial evidence, it shall recommend that the discharge proceed.
If the utilization review committee does not so find, it shall recommend that
the recipient not be discharged but it may recommend that the recipient be
transferred to another mental health facility which can provide treatment
appropriate to the clinical condition and needs of the recipient. It may
recommend that the Department or other agency assist the person in obtaining
such appropriate treatment.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
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(405 ILCS 5/3-904) (from Ch. 91 1/2, par. 3-904)
Sec. 3-904.
Any person with mental illness admitted to a facility or placed
in the care and custody of another person under any prior statute of this
State is subject to this Chapter and may be discharged in accordance with
its provisions.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-905) (from Ch. 91 1/2, par. 3-905)
Sec. 3-905.
Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the court record.
(Source: P.A. 83-346.)
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(405 ILCS 5/3-906) (from Ch. 91 1/2, par. 3-906)
Sec. 3-906.
(a) Any person who has been adjudicated to be a person under
legal disability in any proceedings under any prior mental health statute of
this State or any person on his behalf may file at any time a petition for
modification of the guardianship order of the court or for restoration to legal
status without disability. The petition may be filed in the court which
adjudicated the person to be under legal disability or in the court of the
county where he resides or is present. The petition may be accompanied by a
certificate of a physician, qualified examiner, or clinical psychologist or by
a notice of discharge issued pursuant to this Chapter. The certificate shall
indicate the extent to which the recipient is capable of managing his person
and estate. If no certificate accompanies the petition, the court may appoint
a physician, qualified examiner, or clinical psychologist to examine the
recipient and prepare a certificate regarding his status without disability.
(b) The procedures for conduct of hearings set forth in Article VIII of
this Chapter apply to hearings held under this Section.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-907) (from Ch. 91 1/2, par. 3-907)
Sec. 3-907.
Any person who is under legal disability
solely by reason
of a court order adjudicating him mentally ill entered prior to January
1, 1964, shall be deemed to be a person under no legal disability 180
days from the effective
date of this Act unless, prior to that date, a hearing is held pursuant
to the provisions of the Probate Act of 1975, approved August 7, 1975, as
now or hereafter amended, and a guardian is appointed.
(Source: P.A. 83-706.)
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(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
Sec. 3-908. Application for transfer of recipient to another Department facility. (a) The facility director of any Department facility may transfer
a recipient to another Department facility if he determines the transfer to be
clinically advisable and consistent with the treatment needs of the recipient. (b) A recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. The Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. A recipient of services shall not include a person with the primary diagnosis of a developmental disability. (c) Upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days under Section 3-207. The hearing shall be held at the recipient's current facility. (d) At the hearing the recipient shall have the burden of proving that: (1) the facility to which the recipient is requesting | ||
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(2) the transfer does not threaten the safety of the | ||
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If the utilization review committee finds that the recipient has sustained his burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. If it does not so find, it shall recommend that the recipient not be transferred. If the transfer to a less restricted facility cannot be executed due to lack of beds, the transferring facility shall inform the recipient and his petitioning attorney or guardian, in writing, and provide an estimated time frame for the transfer. (e) If a recipient's application for transfer is denied, no application may be filed for 180 days. The recipient does, however, have the right to administratively appeal any decision of the utilization review committee.
(Source: P.A. 102-593, eff. 8-27-21.)
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(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted
to alternative treatment or care and custody under Article VIII of this Chapter
may at any time petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to the care and
custody of a different person. His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf. If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody. Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities. Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities. Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may be ordered
under this Section. An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient.
(Source: P.A. 97-130, eff. 7-14-11.)
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(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)
Sec. 3-910.
(a) Whenever a recipient who has been in a Department
facility for more than 7 days is to be transferred to another facility
under Section 3-908, the facility director of the facility shall give
written notice at least 14 days before the transfer to the recipient, his
attorney, guardian, if any, and responsible relative. In the case of a
minor, notice shall be given to his attorney, to the parent, guardian,
or person in loco parentis who executed the application for his
admission, and to the minor himself if he is 12 years of age or older.
The notice shall include the reasons for transfer, a statement of the
right to object and the address and phone number of the Guardianship and
Advocacy Commission. If the recipient requests, the facility director shall
assist him in contacting the Commission.
(b) In an emergency, when the health of the recipient or the physical
safety of the recipient or others is imminently imperiled and appropriate
care is not available where the recipient is located, a recipient may be
immediately transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48 hours after
transfer. The reason for the emergency shall be noted in the recipient's
record and specified in the notice.
(c) A recipient may object to his transfer or his attorney, guardian,
or responsible relative may object on his behalf. In the case of a
minor, his attorney, the person who executed the application for
admission, or the minor himself if he is 12 years of age or older, may
object to the transfer. Prior to transfer or within 14 days after an
emergency transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is located. Upon
receipt of an objection, the facility director shall promptly schedule a
hearing to be held within 7 days pursuant to Section 3-207. The hearing
shall be held at the transferring facility except that when an emergency
transfer has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed pending
hearing on an objection.
(d) At the hearing the Department shall have the burden of proving
that the standard for transfer under Section 3-908 is met. If the transfer
is to a facility which is substantially more physically restrictive than
the transferring facility, the Department shall also prove that the
transfer is reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department has sustained
its burden and the decision to transfer is based upon substantial evidence,
it shall recommend that the transfer proceed. If it does not so find, it
shall recommend that the recipient not be transferred.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-911) Sec. 3-911. Aftercare plan. (a) The Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient's conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient's discharge from the facility.
The written aftercare plan shall include, to the extent known, all of the following components: (1) the nature of the illness and followup required; (2) medications including side effects and dosage | ||
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(3) if the recipient was given an informed consent | ||
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(4) expected course of recovery; (5) recommendations regarding treatment that is | ||
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(6) referrals to providers of medical and mental | ||
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(7) other relevant information. (b) The recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.
(Source: P.A. 102-420, eff. 1-1-22.) |
(405 ILCS 5/Ch. III Art. X heading) ARTICLE X.
VETERANS ADMINISTRATION FACILITIES
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(405 ILCS 5/3-1000) (from Ch. 91 1/2, par. 3-1000)
Sec. 3-1000.
(a) A person may be admitted pursuant to any of the provisions
of this Chapter to a mental health facility of the United States government
when the facility determines that services for the person are available
and that the person is eligible to receive them. A person so admitted is
subject to the rules and regulations of the Veterans Administration or other
agency of the United States government which operates the facility in which
such treatment is provided.
(b) The chief officer of such facility has with respect to a person admitted
under this Chapter, the same powers and duties as the facility director.
(c) A person employed by the Veterans Administration as a physician may
perform the functions of a physician under this Act insofar as relates to
a person who is or is proposed to be admitted to a Veterans Administration facility.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-1001) (from Ch. 91 1/2, par. 3-1001)
Sec. 3-1001.
The courts of this State retain jurisdiction over persons
admitted under this Article for purposes of enforcing the provisions of this Act.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-1002) (from Ch. 91 1/2, par. 3-1002)
Sec. 3-1002.
Whenever any person who is a veteran and who has been
previously adjudicated as having a mental illness or under legal disability is
subsequently rated as being under no legal disability by the Veterans
Administration, the Director of the Veterans Administration Regional Office
which has so rated the veteran may notify the court which found that the person
has a mental illness or under legal disability of such rating. The court may
restore the person to legal status without disability on the basis of the
documents filed or may order a hearing.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-1003) (from Ch. 91 1/2, par. 3-1003)
Sec. 3-1003.
The Veterans Administration or other agency of the United
States Government may transfer any recipient admitted to it under this Article,
to any other facility of the Veterans Administration or any other agency
of the United States government, to any licensed private hospital which
has agreed to accept the recipient or, subject to the approval of the
Department, to a Department facility. The Department may transfer any
recipient admitted to a Department facility, to a facility of the Veterans
Administration or other appropriate agency of the United States Government,
subject to eligibility and the prior approval of the agency. If a recipient
transferred under this Section was admitted upon a court order, the
transferring facility or agency shall give notice of the transfer to the court
which entered the order of admission, and such order of admission shall
continue in effect.
(Source: P.A. 88-380.)
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(405 ILCS 5/Ch. IV heading) CHAPTER IV
ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(405 ILCS 5/Ch. IV Art. I heading) ARTICLE I.
JURISDICTION
DUTIES OF STATE'S ATTORNEY
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(405 ILCS 5/4-100) (from Ch. 91 1/2, par. 4-100)
Sec. 4-100.
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who meet the standard for judicial admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VI of this Chapter may be instituted as to any such inmate at any time within
90 days prior to discharge of such inmate by expiration of sentence or otherwise,
and if such inmate is found to meet the standard for judicial admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-101) (from Ch. 91 1/2, par. 4-101)
Sec. 4-101.
The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
in their respective counties, shall attend such proceedings either in person
or by assistant, and shall ensure that petitions, reports and orders are
properly prepared. Nothing herein contained shall prevent any party from
being represented by his own counsel.
(Source: P.A. 80-1414.)
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(405 ILCS 5/Ch. IV Art. II heading) ARTICLE II.
GENERAL PROVISIONS
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(405 ILCS 5/4-200) (from Ch. 91 1/2, par. 4-200)
Sec. 4-200.
(a) A person with a developmental disability may be admitted to a
facility for residential and habilitation services only as provided in this
Chapter, except that a person may be transferred by the Department of
Corrections pursuant to the Unified Code of Corrections, as now or hereafter
amended. A person transferred by the Department of Corrections in this manner
may be released only as provided in the Unified Code of Corrections.
(b) Persons shall be admitted to Department facilities based on an
assessment of their current individual needs and not solely on the basis of
inclusion in a particular diagnostic category, identification by subaverage
intelligence test score, or consideration of a past history of hospitalization
or residential placement.
(c) In all cases, the Department shall provide services to persons
identified as having a developmental disability in the least
restrictive environment as required by subsection (a) of Section 2-102 of this
Code.
(d) Except as provided in Article VI of this Chapter, nothing in this
Chapter shall govern or prohibit the admission of a person with a developmental
disability to nonresidential services.
(Source: P.A. 88-380; 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
Sec. 4-201.
(a) A person with an intellectual disability shall not reside in a Department
mental health facility unless the person is evaluated and is determined to be a
person with mental illness and the facility director determines that
appropriate treatment and habilitation are available and will be provided
to such person on the unit. In all such cases the Department mental health
facility director shall certify in writing within 30 days of the completion
of the evaluation and every 30 days thereafter, that the person has been
appropriately evaluated, that services specified in the treatment and
habilitation plan are being provided, that the setting in which services
are being provided is appropriate to the person's needs, and that
provision of such services fully complies with all applicable federal
statutes and regulations concerning the provision of services to persons with
a developmental disability. Those regulations shall include, but not be
limited to the regulations which govern the provision of services to persons
with a developmental disability in facilities certified under the Social
Security Act for federal financial participation, whether or not the facility
or portion thereof in which the recipient has been placed is presently
certified under the Social Security Act or would be eligible for such
certification under applicable federal regulations. The certifications shall be
filed in the recipient's record and with the office of the Secretary of the Department. A copy of the certification shall be given to
the person, an attorney or advocate who is representing the person and the
person's guardian.
(b) Any person admitted to a Department mental health facility who is
reasonably suspected of having a mild or moderate intellectual disability,
including those who also have a mental illness, shall be evaluated by a
multidisciplinary team which includes a qualified intellectual disabilities
professional designated by the Department facility director. The evaluation
shall be consistent with Section 4-300 of Article III in this Chapter, and
shall include: (1) a written assessment of whether the person needs a
habilitation plan and, if so, (2) a written habilitation
plan consistent
with Section 4-309, and (3) a written determination whether the admitting
facility is capable of providing the specified habilitation services. This
evaluation shall occur within a reasonable period of time, but in no case
shall that period exceed 14 days after admission. In all events, a
treatment plan shall be prepared for the person within 3 days of admission,
and reviewed and updated every 30 days, consistent with Section 3-209 of
this Code.
(c) Any person admitted to a Department mental health facility with an
admitting diagnosis of a severe or profound intellectual disability shall be
transferred to an appropriate facility or unit for persons with a
developmental disability within 72 hours of admission unless transfer is
contraindicated by the person's medical condition documented by appropriate
medical personnel. Any person diagnosed with a severe or profound intellectual disability while in a Department mental health facility shall be transferred to
an appropriate facility or unit for persons with a developmental disability
within 72 hours of such diagnosis unless transfer is contraindicated by the
person's medical condition documented by appropriate medical personnel.
(d) The Secretary of the Department shall designate a
qualified intellectual disabilities professional in each of its mental health facilities who has
responsibility for insuring compliance with the provisions of Sections
4-201 and 4-201.1.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 4-201.1.
(a) A person residing in a Department mental health facility who is evaluated as having a mild or moderate intellectual disability,
an attorney or advocate representing the person, or a guardian of such
person may object to the Department facility director's certification
required in Section 4-201, the treatment and habilitation plan, or
appropriateness of setting, and obtain an administrative decision requiring
revision of a treatment or habilitation plan or change of setting, by
utilization review as provided in Sections 3-207 and 4-209 of this
Code. As part of this utilization review, the Committee shall
include as one of its members a qualified intellectual disabilities professional.
(b) The mental health facility director shall give written notice to
each person evaluated as having a mild or moderate intellectual disability, the
person's attorney and guardian, if any, or in the case of a minor, to his
or her attorney, to the parent, guardian or person in loco parentis and to
the minor if 12 years of age or older, of the person's right to request a
review of the facility director's initial or subsequent determination that
such person is appropriately placed or is receiving appropriate services.
The notice shall also provide the address and phone number of the Legal
Advocacy Service of the Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If requested, the
facility director shall assist the person or guardian in contacting the
Legal Advocacy Service. This notice shall be given within 24 hours of
Department's evaluation that the person has a mild or moderate intellectual disability.
(c) Any recipient of services who successfully challenges a final
decision of the Secretary of the Department (or his or her designee) reviewing an objection to the certification required under Section
4-201, the treatment and habilitation plan, or the appropriateness of the
setting shall be entitled to recover reasonable attorney's fees incurred in
that challenge, unless the Department's position was substantially justified.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/4-202) (from Ch. 91 1/2, par. 4-202)
Sec. 4-202.
The Department shall prescribe all forms necessary for proceedings
under this Chapter, and all forms used in such proceedings shall comply
substantially with the forms so prescribed. The Department shall
publish all forms in electronic format and post the forms to its website.
(Source: P.A. 97-752, eff. 7-6-12.)
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(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)
Sec. 4-203.
(a) Every developmental disabilities facility shall maintain
adequate records which shall include the Section of this Act under which
the client was admitted, any subsequent change in the client's status, and
requisite documentation for such admission and status.
(b) The Department shall ensure that a monthly report is maintained
for each Department mental health facility, and each unit of a Department
developmental disability facility for dually diagnosed persons, which lists
(1) initials of persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed persons of
Department developmental disability facility during that month with a
primary or secondary diagnosis of intellectual disability, (2) the date and
facility and unit of admission or continuing, care, (3) the legal admission
status, (4) the recipient's diagnosis, (5) the date and facility and unit
of transfer or discharge, (6) whether or not there is a public or private
guardian, (7) whether the facility director has certified that appropriate
treatment and habilitation are available for and being provided to such
person pursuant to Section 4-203 of this Chapter, and (8) whether the
person or a guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review. The Secretary of the
Department
shall furnish a copy of each monthly report upon request to the
Guardianship and Advocacy Commission and the agency designated by the
Governor under Section 1 of "An Act in relation to the protection and
advocacy of the rights of persons with developmental disabilities, and
amending certain Acts therein named", approved September 20, 1985, and
under Section 1 of "An Act for the protection and advocacy of mentally ill
persons", approved September 20, 1987.
(c) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any developmental disabilities facility to
determine the qualifications of persons permitted to admit clients to such
facility. This subsection shall not affect or limit the powers of any court
to order admission to a developmental disabilities facility as set forth
in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.)
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(405 ILCS 5/4-204) (from Ch. 91 1/2, par. 4-204)
Sec. 4-204.
Every petition, certificate, and proof of service required
by this Chapter shall be executed under penalty of perjury as though under
oath or affirmation, but no acknowledgement is required.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-205) (from Ch. 91 1/2, par. 4-205)
Sec. 4-205.
Whenever a statement or explanation is required to be given
to the persons specified in Section 4-206, every effort shall be made to
furnish such statement or explanation in a comprehensible language and in
a manner calculated to ensure understanding. Such statement or explanation
shall be communicated in sign language for any hearing impaired person for
whom sign language is a primary mode of communication. When a statement
or explanation is provided in a language other than English, or through
the use of sign language, that fact and the name of the person providing
it shall be noted in the client's record. This Section does not apply to
copies of petitions and court orders.
(Source: P.A. 82-205.)
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(405 ILCS 5/4-206) (from Ch. 91 1/2, par. 4-206)
Sec. 4-206.
Unless otherwise indicated, whenever notice is required under
this Chapter, it shall be given pursuant to this Section. If a client is
under 18 years of age, notice shall be given to his parent, guardian or
person in loco parentis. If the client is 18 years of age or older, notice
shall be given to the client, his guardian, if any, and any 2 other persons
whom the client may designate. If the client is 18 or older but lacks sufficient
capacity to understand and consent to the designation of persons to receive notice,
notice shall also be sent to his nearest adult relative.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207)
Sec. 4-207.
(a) Six months prior to the eighteenth birthday of a client
who is resident in a facility, the client shall be evaluated by the facility
to determine whether he has the capacity to consent to administrative admission.
If the client does not have such capacity or otherwise requires a guardian,
his parent or another interested person shall be so notified and requested
to file a petition for the appointment of a guardian. If no petition is
filed, the facility director of the facility shall file such a petition.
(b) Six months prior to the eighteenth birthday of a client who is receiving
nonresidential services provided by or under contract with the Department,
the client's parent or another interested person shall be notified by the
facility providing the services or by the Department of the possible need
and procedures for the appointment of a guardian. If such person so requests,
the client shall be evaluated by the facility or the Department for the
purpose of determining whether he requires a guardian and a report of the
evaluation shall be provided to such person. If the report indicates that
the client requires a guardian but no petition is filed by the time the
client reaches 18, the facility or the Department shall file such a petition.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208)
Sec. 4-208.
Whenever a person is admitted, is denied admission, or objects
to admission to a facility and whenever a client is notified that he is
to be transferred or discharged or that his legal status is to
be changed, the facility director of the facility shall provide the persons
specified in Section 4-206 with the address and phone number of the
Guardianship and Advocacy Commission. If any person so notified requests, the
facility director shall assist him in contacting the Commission.
(Source: P.A. 85-1247.)
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(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
Sec. 4-209.
(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709
of this Chapter shall be conducted by a utilization review committee. The
Secretary shall appoint a utilization review committee at each
Department
facility. Each such committee shall consist of multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients. At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.
(b) The utilization review committee shall not be bound by rules of
evidence or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing. The committee may make such
investigation as it deems necessary. It may administer oaths and compel by
subpoena testimony and the production of records. A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client's record. Within 3 days of conclusion of the hearing, the committee
shall submit to the facility director its written recommendations which
include its factual findings and conclusions. A copy of the
recommendations shall be given to the client and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor. If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility director shall
promptly forward a copy of his decision, the recommendations, and the record
of the hearing to the Secretary of the Department for final
review. The review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review. The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure. The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.
(Source: P.A. 97-227, eff. 1-1-12.)
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(405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
Sec. 4-210.
Whenever a petition has been executed pursuant to Sections
4-401 or 4-501, and prior to the examination for the purpose of certification,
the person conducting this examination shall inform the person being examined
in a simple comprehensible manner: that he is entitled to consult with
a relative, friend, or attorney before the examination and that an attorney
will be appointed for him if he desires; that he will be evaluated to
determine
if he meets the standard for judicial or emergency admission; that he does
not have to talk to the examiner; and that any statement made by him
may
be disclosed at a court hearing on the issue of whether he meets the standard
for judicial admission.
If the respondent is not so informed, the examiner shall not be permitted
to testify at any subsequent court hearing concerning the respondent's
admission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(405 ILCS 5/4-211) Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person
admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related
resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity | ||
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(2) for developmentally appropriate sex education | ||
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As part of the assessments, consideration shall be given to medical, psychological, and psycho-social
evaluations. The person's decision making capacity to consent to sexual activity and the
developmentally appropriate sex education materials and resources shall be determined by the
treatment team that includes the individual, professionals who have knowledge of the individual, and
the individual's guardian, if appointed. Guardian decision making shall be made in accordance
with the court order of appointment and the
standards of decision making established by Section 11a-17 of the Probate Act of 1975. The Department shall approve course material in sex education. Course material and
instruction in sex education shall: (A) be appropriate to the developmental disability of | ||
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(B) present identity as a part of mature
adulthood; (C) replicate evidence-based programs or | ||
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(D) place substantial emphasis on the prevention of | ||
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(E) include a discussion of the possible emotional | ||
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(F) stress that sexually transmitted infections and | ||
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(G) provide information on the use or effectiveness | ||
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(H) teach recipients to avoid behavior that could be | ||
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(I) explain signs of possible dangers from potential | ||
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The Department may
not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that
they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20.) |
(405 ILCS 5/Ch. IV Art. III heading) ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300)
Sec. 4-300.
(a) No person may be administratively admitted to any
facility including Chester Mental Health Center, unless an
adequate diagnostic evaluation of his current condition has been conducted
to determine his suitability for admission. Prior to an administrative
admission, the person may be admitted to a facility for not more than 14
days for such evaluation.
(b) The evaluation shall include current psychological, physical,
neurological, social, educational or vocational, and developmental
evaluations. It shall
be conducted under the supervision of qualified professionals including
at least one physician and either one clinical psychologist or one
clinical social worker. Any tests which require
language familiarity shall be conducted in the person's primary language.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301)
Sec. 4-301.
Report and recommendation.
(a) A report of the evaluation results shall include
a description of the person's disability and need for services, if any;
a description of the methods of evaluation used; an evaluation of the ability
of the family to meet the needs of the person and a recommendation as to
the supportive services the family may need; a recommendation as to the
least restrictive living arrangement appropriate for the person; and the
names and positions of the persons who conducted the evaluations.
(b) The report shall be signed by at least one clinical psychologist
or clinical social worker and one physician who have personally examined
the person to be admitted. If the report does not recommend admission to a
residential facility or to the facility to which admission is sought, a
written explanation of the reasons therefor shall be included. A summary
of the report shall be given to the person who executed the application.
(Source: P.A. 87-530.)
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(405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302) (Text of Section before amendment by P.A. 103-1042) Sec. 4-302. A person with a developmental disability may be administratively
admitted to a facility upon application if the facility director of the
facility determines that he is suitable for admission. A person 18 years
of age or older, if he has the capacity, or his guardian, if he is authorized
by the guardianship order of the Circuit Court, may execute an application
for administrative admission. Application may be executed for a person
under 18 years of age by his parent, guardian, or person in loco parentis.(Source: P.A. 88-380.) (Text of Section after amendment by P.A. 103-1042) Sec. 4-302. A person with a developmental disability may be administratively admitted to a facility upon application if the facility director of the facility determines that the person is suitable for admission. A person 18 years of age or older, if the person has the capacity, or the person's guardian, if authorized by the guardianship order of the Circuit Court, may execute an application for administrative admission. Application may be executed for a person under 18 years of age by the person's parent, guardian, or person in loco parentis pursuant to the Intermediate Care for the Developmentally Disabled Facilities Code authorized under the ID/DD Community Care Act. (Source: P.A. 103-1042, eff. 1-1-25.) |
(405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303)
Sec. 4-303.
(a) The application shall include the name and address of
the person to be admitted; the name and address of his spouse, nearest adult
relative, and guardian, or if none, friend; the name and address of
the person executing the application and his relationship to the person
to be admitted; and a short statement explaining the reason for the application.
(b) The application form shall contain in large type and simple language
the substance of Sections 4-302, 4-305, 4-306 and 4-700. The rights set
forth in the application shall be explained to the person to be admitted
if he is 12 or older and to the person who executed the application.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304)
Sec. 4-304.
A person may be admitted pursuant to the recommendation of
the diagnostic report. At the time of admission, a clear written statement
and oral explanation of the procedures for discharge, transfer and objection
to admission shall be given to the person if he is 12 years of age or older
and to the person who executed the application. Within 3 days of the admission,
notice of the admission and an explanation of the objection procedure shall
be sent or given to the persons specified in Section 4-206.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305)
Sec. 4-305.
(a) Any interested person on behalf of a client or a client
himself if he is 12 years of age or older may object to an administrative,
diagnostic or temporary admission under this Article. An objection may
be made at any time following the admission, but once an objection has been
heard, no subsequent objection may be made for 6 months without leave of the court.
(b) An objection shall be submitted in writing to the facility director
of the facility.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-306) (from Ch. 91 1/2, par. 4-306)
Sec. 4-306.
(a) A client 18 years of age or over, who is not under guardianship,
shall be allowed to be discharged from the facility at the earliest appropriate
time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after
he submits a written objection to the facility director, unless he either
withdraws the objection in writing or unless within the 5 day period a petition
and certificate conforming to the requirements of Section 4-501 are filed
with the court. Upon receipt of the petition, the court shall order a hearing
to be held within 5 days,
excluding Saturdays, Sundays and holidays, and to be conducted pursuant
to Article VI of this Chapter. Admission of the client may continue pending
further order of the court. In all other objections to admission under
this Article, paragraph (b) of this Section and Sections 4-307 and 4-308 shall apply.
(b) Unless the objection is withdrawn in writing or the client is discharged,
the facility director shall file a petition for review of the admission
with the court within 5 days of submission of the objection, excluding Saturdays,
Sundays and holidays as provided in Sections 4-307 and 4-308. The facility
director shall also file the report of the client's diagnostic evaluation
and current habilitation plan with the court.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-307) (from Ch. 91 1/2, par. 4-307)
Sec. 4-307.
Upon the filing of the petition, the court 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 client, his attorney, the objector, the person who executed
the application, and the facility director of the facility. The hearing
shall be conducted pursuant to Article VI of this Chapter.
(Source: P.A. 86-820.)
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(405 ILCS 5/4-308) (from Ch. 91 1/2, par. 4-308)
Sec. 4-308.
(a) If the court finds that the client is not a person with a
developmental disability, that he is not in need of the services which are
available at the facility, or that a less restrictive alternative is
appropriate, it shall disapprove the admission and order the client discharged.
If the client is in a Department facility and the court finds that he or she
is a person with a developmental disability but that he is not in need of the
services which are available at the facility or that a less restrictive
alternative is appropriate, the court may order him transferred to a more
appropriate Department facility. If the person who executed the application for
admission objects to the transfer, the court shall order the client discharged.
(b) Unless the court orders the discharge or transfer of the client, the
facility may continue to provide the client with residential and habilitation
services.
(c) Unwillingness or inability of the client'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 discharge. In that event, a petition may
be filed under the Juvenile Court Act of 1987 or the Probate Act of
1975, approved August 7, 1975, as now or hereafter amended, to ensure that
appropriate care and residence are provided.
(Source: P.A. 88-380.)
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(405 ILCS 5/4-309) (from Ch. 91 1/2, par. 4-309)
Sec. 4-309.
Habilitation plan.
(a) Within 14 days of admission, the facility shall prepare a written
habilitation plan consistent with the client's diagnosis and needs. The
Department shall fully implement habilitation plans. Every reasonable effort
shall be made to involve the client and his family in the preparation and
implementation of the plans.
(b) The habilitation plan shall describe the habilitation goals; a projected
timetable for their attainment; the services to be provided; the role of the
family in the implementation of the plan; and the name of the person
responsible for supervising the habilitation plan.
(c) The habilitation plan shall be reviewed regularly, but at least once
every calendar month, by the person responsible for its supervision. They
shall be modified when necessary. The client and the persons specified in
Section 4-206 shall be informed regularly of the client's progress.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-309.1) (from Ch. 91 1/2, par. 4-309.1)
Sec. 4-309.1.
Habilitation and incentives.
In accordance with Departmental
powers and duties, facilities may offer incentives, including cash, to
residents in connection with their habilitation plan.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-309.2) (from Ch. 91 1/2, par. 4-309.2)
Sec. 4-309.2.
Habilitation; incentives; disbursements.
The Department
may advance monies from its appropriations to facility directors for
disbursement to residents in accordance with Section 4-309.1. The facility
directors may maintain these monies in a locally held account prior to
disbursements.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310)
Sec. 4-310.
At least once annually the client shall be evaluated to determine
his need for continued residential services. If need for continued residence
is indicated, the facility director of the facility shall consult with the
person who made application for the admission and shall request authorization
for continued residence of the client. The request and authorization shall
be noted in the client's record.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311)
Sec. 4-311.
(a) A person with a developmental disability may be temporarily
admitted to a facility for respite care intended for the benefit of the parent
or guardian, or in the event of a crisis, care where immediate temporary
residential services are necessary, upon application by a person empowered to
make application for administrative admission, if the facility director
determines that the individual is suitable for temporary admission. The
application shall describe the person's developmental disability and shall
conform with the provisions of paragraph (a) of Section 4-301.
(b) A temporary admission may continue for not more than 30 days. A client
admitted on a temporary basis shall be provided with such services as are
determined by mutual agreement between the facility director, the client,
and the person executing the application.
(c) Upon temporary admission, a clear written statement and oral explanation
of the objection procedure shall be given to the client if he is 12 years
of age or older. Within 3 days of a temporary admission, notice of the
admission and an explanation of the objection procedure shall be sent to
the persons specified in Section 4-206. An objection to temporary admission
may be made and heard in the same manner as an objection to administrative
admission.
(Source: P.A. 88-380.)
|
(405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312)
Sec. 4-312.
(a) If the facility director of a Department facility declines
to admit a person seeking administrative or temporary admission under this
Article, a review of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability. Whenever admission to a Department facility is
denied, the person seeking admission shall immediately be given written notice
of the right to request review of the denial under this Section. A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial. Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.
(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission. If the utilization review committee finds that the decision
denying admission is based upon substantial evidence, it shall recommend
that the denial of admission be upheld. However, if it finds that the facility
to which admission is sought can provide adequate and appropriate habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.
(Source: P.A. 88-380.)
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(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) (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.)
|
(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) (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.)
|
(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.)
|
(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.)
|
(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) (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) (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.)
|
(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.)
|
(405 ILCS 5/Ch. IV Art. V heading) ARTICLE V. JUDICIAL ADMISSION FORPERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
Sec. 4-500.
A person 18 years of age or older may be admitted to a facility
upon court order under this Article if the court determines: (1) that he is
a person with an intellectual disability; and (2) that he is reasonably expected to inflict serious
physical harm upon himself or another in the near future.
(Source: P.A. 99-143, eff. 7-27-15.)
|
(405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501)
Sec. 4-501.
Petition; certificate.
(a) Any person 18 years of age or older may file a petition with the
court asserting that the respondent meets the standard for judicial
admission as set out in Section 4-500. The petition shall be prepared
according to the form specified in Section 4-401. The court may inquire of
the petitioner whether there are reasonable grounds to believe that the
facts presented in the petition are true and whether the respondent meets
the standard for judicial admission.
(b) The petition may be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician indicating that the
respondent was examined not more than 72 hours prior to the filing of the
petition and certifying that he meets the standard for judicial admission.
The certificate shall also set out the examiner's observations, other
factual information relied upon, and a statement as to whether the
respondent was advised of his rights under Section 4-210.
(Source: P.A. 87-530.)
|
(405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502)
Sec. 4-502.
Orders; examination; setting for hearing.
(a) When no certificate is filed with the petition, if the
court finds that the petition is in order and that there is a valid
reason why no certificate has been filed, it may make any orders as are
necessary to provide for an examination of the respondent by a clinical
psychologist, clinical social worker, or physician. If, as a result of the
examination, a certificate is executed, the certificate shall be promptly
filed with the court.
(b) When a certificate is filed with the petition or is filed pursuant
to this Section, if the court finds that the documents are in order, it may
make any orders as are necessary to provide for a diagnostic evaluation
of the respondent pursuant to paragraph (b) of Section 4-300 of this Chapter.
(c) Upon receipt of the diagnostic report prepared pursuant to Section
4-301, the court shall set the matter for hearing pursuant to Section 4-505.
(Source: P.A. 87-530.)
|
(405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503)
Sec. 4-503.
A copy of the petition, any order for examination or evaluation,
and a statement of the respondent's hearing rights under Article VI of this
Chapter shall be personally served upon the respondent and shall be given
or mailed to the persons specified in Section 4-206 at least 24 hours before
the court ordered examination or evaluation.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504)
Sec. 4-504.
The respondent shall be permitted to remain in his place of
residence pending any examination for certification or diagnostic evaluation.
He may be accompanied by one or more of his relatives or friends or by his
attorney to the place of examination. If, however, the court finds that
it is necessary in order to complete the examination the court may order
that the person be admitted to a developmental disabilities facility pending
examination and may order a peace officer or other person to transport him
there. Whenever possible the examination shall be conducted at a local developmental
disabilities facility. No person may be detained for examination for certification
for more than 24 hours and for a diagnostic evaluation for more than 7 days.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-505) (from Ch. 91 1/2, par. 4-505)
Sec. 4-505.
The court shall set a hearing to be held within 5 days, excluding
Saturdays, Sundays, and holidays, after it receives the diagnostic report.
The court shall direct that notice of the time and place of the hearing
be given or sent to the respondent, his attorney, the facility director
of the facility, and the persons specified in Section 4-206. The facility
director shall make copies of the certificate and the diagnostic report
available to the attorneys for the parties upon request.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-506) (from Ch. 91 1/2, par. 4-506)
Sec. 4-506.
The respondent may remain at his place of residence pending
the hearing. If the court finds it necessary, it may order a peace officer
or other person to have the respondent before the court at the time of the hearing.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/Ch. IV Art. VI heading) ARTICLE VI.
COURT HEARINGS
|
(405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600)
Sec. 4-600.
(a) Unless otherwise indicated, hearings under this Chapter
shall be held pursuant to this Article. Hearings shall be held in such
quarters as the court directs. To the extent practical, hearings shall
be held at the developmental disabilities facility where the respondent
is located. Any party may request a change of venue transfer to any other
county because of the convenience of parties or witnesses or the condition
of the respondent. The respondent may have the proceedings transferred
to the county of his residence.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601)
Sec. 4-601.
A respondent may request administrative admission at any time
prior to a court order for judicial admission. If the facility director
approves such a request, the court may dismiss the pending proceedings but
may require proof that such dismissal is in the best interest of the respondent
and of the public.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602)
Sec. 4-602.
The respondent is entitled to a jury on the question of whether
he meets the standard for judicial admission. The jury shall consist of
6 persons to be chosen in the same manner as are jurors in other civil proceedings.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603)
Sec. 4-603.
Appointment of examiners; report.
The court may appoint
one or more clinical psychologists, clinical social workers, physicians, or
other experts to examine the respondent and make a detailed written report
of his or their findings regarding the respondent's condition. The report
shall be filed with the court and copies shall be made available to the
attorneys for the parties.
(Source: P.A. 87-530.)
|
(405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604)
Sec. 4-604.
Independent examination.
The respondent is entitled to
secure an independent examination by a physician, clinical psychologist,
clinical social worker, or other expert of his choice. If the respondent
is unable to obtain an examination, he may request that the court order an
examination to be made by an impartial medical expert pursuant to Supreme
Court Rules or by a clinical psychologist, clinical social worker, or other
expert. Determination of the compensation of the physician, clinical
psychologist, clinical social worker, or other expert and its payment shall
be governed by Supreme Court Rule.
(Source: P.A. 80-1414; 87-530.)
|
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605.
Every respondent alleged to meet the standard for judicial
admission shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes
is necessary.
1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Advocacy Commission, if available.
2. If an attorney from the Guardianship and Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.
3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is
unable to pay.
(Source: P.A. 85-1247.)
|
(405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606)
Sec. 4-606.
The respondent shall be present at any hearing held under
this Act unless his
attorney waives his right to be present and the court is satisfied by a
clear showing that the respondent's
attendance would subject him to substantial risk of serious physical or emotional harm.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607)
Sec. 4-607.
Expert testimony; waiver.
No respondent may be found to
meet the standard for judicial admission unless at least one clinical
psychologist, clinical social worker, or physician who has examined him
testifies in person at the hearing. The respondent may waive the
requirement of this testimony subject to the approval of the court.
(Source: P.A. 87-530.)
|
(405 ILCS 5/4-608) (from Ch. 91 1/2, par. 4-608)
Sec. 4-608.
No respondent may be found to meet the standard for judicial
admission unless
that finding has been established by clear and convincing evidence.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-609) (from Ch. 91 1/2, par. 4-609)
Sec. 4-609.
(a) In a hearing for judicial admission, if the respondent
is not found to meet
the standard for judicial admission, the court shall dismiss the petition
and order the respondent
discharged.
(b) If it is found that the respondent meets the standard for judicial
admission, the court may
order him admitted to a developmental disabilities facility designated by
the Department; to a private
facility, if it agrees; or to a program of nonresidential habilitation.
If the court is not satisfied
with the verdict of the jury finding that the respondent meets the standard
for judicial admission, it
may set aside such verdict and order the respondent discharged or it may
order another hearing. Before
disposition is determined, the court shall consider the diagnostic report
and its recommendations and
shall select the least restrictive alternative which is consistent with
the respondent's needs.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-610) (from Ch. 91 1/2, par. 4-610)
Sec. 4-610.
Nonresidential habilitation; orders; modification and
revocation.
(a) Prior to ordering admission to a program of nonresidential habilitation,
the court shall ascertain that the program is capable of providing adequate and
humane habilitation appropriate to the respondent's condition.
(b) The court shall have continuing authority to modify an order for
nonresidential habilitation if the respondent fails to comply with it or is
otherwise found unsuitable for such habilitation. Prior to modifying such an
order, the court must receive a report from the facility director specifying
why the habilitation is unsuitable. The respondent shall be notified and given
an opportunity to respond when modification is considered.
(c) If the court revokes an order for nonresidential habilitation and
orders admission of the respondent to a developmental disabilities facility,
it may order a peace officer or other person to transport the respondent
to the facility.
(Source: P.A. 89-439, eff. 6-1-96.)
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(405 ILCS 5/4-611) (from Ch. 91 1/2, par. 4-611)
Sec. 4-611.
(a) An order for admission to a developmental disabilities
facility or to a program of nonresidential habilitation shall be for a period
not to exceed 180 days. Prior to the expiration of the order, if the facility
director of the facility or program believes that the client continues to
meet the standard for judicial admission, a new petition and certificate
may be filed with the court. In the event that a new petition is filed,
the facility director of the facility shall file with the court a current
habilitation plan which includes an evaluation of the respondent's progress
and the extent to which he is benefiting from habilitation. If no petition
is filed prior to expiration of the order, the client shall be discharged.
Following a hearing on the petition, the court may order an additional 180
day period of admission to a facility or to a program of nonresidential
habilitation only if the client continues to meet the standard for judicial admission.
(b) Additional 180 day periods of judicial admission may be sought pursuant
to the procedures set out in this Section for so long as the client continues
to meet the standard for judicial admission. The provisions of this Article
which apply whenever an initial order is
sought shall apply whenever an additional period of admission is sought.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-612) (from Ch. 91 1/2, par. 4-612)
Sec. 4-612.
Not more than 60 days after any admission under this Article,
the facility director
of the facility shall file a current habilitation plan with the court which
includes an evaluation
of the client's progress and the extent to which he is benefiting from habilitation.
The court shall
review the habilitation plan. The court may order any public agency, officer,
or employee to render such information, cooperation, and assistance as is
within its legal authority and as may be necessary to achieve the objectives
of this Section. The client or any person on his behalf may request a hearing to review
the habilitation plan or the court on its own motion may order such a hearing.
If the court is satisfied
that the client is benefiting from habilitation, it may continue the original order
for the remainder of the admission period. If the court is not so satisfied,
it may modify its original order
or it may order the client discharged.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
Sec. 4-613.
Final orders; notice; appeals.
(a) Every final order of the court shall be in writing and
shall be accompanied by a statement
on the record of the court's findings of fact and conclusions of law. A
copy of such order shall be promptly
given to the client, his or her attorney, and the facility director of the
developmental
disabilities facility or
program to which the respondent is admitted.
(b) An appeal from a final order may be taken in the same manner as in
other civil cases. Upon entry of a final
order, the court shall notify the client of his or her right to appeal
and, if he or she is indigent, of his or her right to a free transcript
and counsel. The cost of the transcript shall be paid pursuant to
subsection (c) of Section
3-818 and subsection (c) of Section 4-615 of this Code. If the client wishes
to appeal and is
unable
to obtain counsel, counsel shall be appointed pursuant to the provisions
of Section 4-605.
(Source: P.A. 90-765, eff. 8-14-98.)
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(405 ILCS 5/4-614) (from Ch. 91 1/2, par. 4-614)
Sec. 4-614.
A verbatim record shall be made of all judicial hearings held
pursuant to this Chapter.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
Sec. 4-615.
Fees; costs; State funds.
(a) Fees for jury service, witnesses, and service and execution
of process are the same
as for similar services in civil proceedings.
(b) Except as provided under subsection (c) of this Section, the court
may assess costs of the proceedings against the parties.
If the respondent is not a
resident of the county in which the hearing is held and the party against
whom the court would otherwise
assess costs has insufficient funds to pay the costs, the court may enter
an order upon the State to pay
the cost of the proceedings, from funds appropriated by the General Assembly
for that purpose.
(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code. Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Administrative Office of the
Illinois Courts.
(Source: P.A. 90-765, eff. 8-14-98.)
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(405 ILCS 5/4-616) (from Ch. 91 1/2, par. 4-616)
Sec. 4-616.
(a) When a client is admitted upon court order, the
order may authorize a relative or friend of the client to transport the
client to the developmental disabilities facility if such person is able
to do so safely and humanely. When the Department indicates that it has
transportation to the facility available, the order may authorize the Department
to transport the client there. The court may order the sheriff of the county
in which such proceedings are held to transport the client to the facility.
(b) Upon the delivery of a client to a facility, in accordance with the
procedure set forth in this
Article, the facility director of the facility shall sign a receipt acknowledging
custody of the client and for
any personal property belonging to him or her, which receipt shall be
filed with the clerk of the court which entered
the admission order.
(Source: P.A. 83-346.)
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(405 ILCS 5/4-617) (from Ch. 91 1/2, par. 4-617)
Sec. 4-617.
Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the
court record.
(Source: P.A. 83-346.)
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(405 ILCS 5/Ch. IV Art. VII heading) ARTICLE VII.
DISCHARGE AND TRANSFER
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(405 ILCS 5/4-700) (from Ch. 91 1/2, par. 4-700)
Sec. 4-700.
The person who executed the application for administrative
or temporary admission may
request discharge of the client so admitted at any time. The client shall
be discharged within 3 days of receipt
of a written request by the facility director of the developmental disabilities
facility.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701.
(a) Any client admitted to a developmental disabilities facility
under this Chapter may be
discharged whenever the facility director determines that he is suitable for discharge.
(b) Any client admitted to a facility or program of nonresidential services
upon court order under Article V
of this Chapter or admitted upon court order as a person with an intellectual disability or as mentally
deficient under any prior statute
shall be discharged whenever the facility director determines that he no
longer meets the standard for judicial
admission. When the facility director believes that continued residence
is advisable for such a client, he shall
inform the client and his guardian, if any, that the client may remain at
the facility on administrative
admission status. When a facility director discharges or changes the status
of such client, he shall promptly notify the clerk of the court who shall
note the action in the court record.
(c) When the facility director discharges a client pursuant to subsection
(b) of this Section, he shall promptly notify the State's Attorney of the
county in which the client resided immediately prior to his admission to
a developmental disabilities facility. Upon receipt of such notice, the State's
Attorney may notify such peace officers that he deems appropriate.
(d) The facility director may grant a temporary release to any client
when such release is appropriate and
consistent with the habilitation needs of the client.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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(405 ILCS 5/4-702) (from Ch. 91 1/2, par. 4-702)
Sec. 4-702.
(a) Conditional discharge means the placement of a client
out of a facility for continuing
habilitation provided under supervision of the discharging developmental
disabilities facility or of the
Department if he was in a Department facility. The facility director may
grant a conditional discharge to a
client when he determines that conditional discharge is appropriate and
consistent with the habilitation
needs of the client.
(b) A conditional discharge shall terminate within one year unless it
is extended for one additional year.
Written notice of the extension shall be given to the persons specified
in Section 4-206 and to the facility, if
any, where the client is residing.
(c) A conditionally discharged client may be readmitted to the facility
if the facility director determines
that such readmission is consistent with the client's habilitation needs
and if the court, in the event that the
client was judicially admitted, or the person who executed the application
for administrative admission, consents thereto.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-703) (from Ch. 91 1/2, par. 4-703)
Sec. 4-703.
(a) Prior to discharge under Sections 4-701 or 4-702, the
facility director shall prepare a
post-discharge plan which is consistent with the client's habilitation goals.
To the extent possible, the
client and his family shall be consulted in the preparation and implementation
of the plan.
(b) Prior to discharge if the client is 18 years of age or older and does
not have a guardian, he shall be evaluated to
determine whether he requires one. If it is determined that the client
requires a guardian, his parent or another
interested person shall be notified and requested to file a petition for
the appointment of a guardian. If no
petition is filed, the facility director of the facility may file such a petition.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-704) (from Ch. 91 1/2, par. 4-704)
Sec. 4-704.
(a) At least 14 days prior to the discharge of a client from
a Department developmental
disabilities facility under Section 4-701 or 4-702, the facility director
shall give written notice of the
discharge to the client, if he is 12 years of age or older, to his attorney
and guardian, if any, to the person who
executed the application for admission and to the resident school
district when appropriate. The notice, except that to the school
district, shall include the reason for the discharge and a
statement of the right to object.
(b) The client, if he is 12 years of age or older, may object to his
discharge or the attorney or guardian of a
client or the person who executed the application may object on behalf of
a client. Prior to discharge
a written objection shall be submitted to the facility director of the facility
where the client is located.
Upon receipt of an objection, the facility director shall promptly schedule
a hearing to be held at the
facility within 7 days pursuant to Section 4-209. No discharge shall proceed
pending hearing on an objection, unless the person objecting to the discharge
consents to discharge pending the hearing.
(c) At the hearing the Department shall have the burden of proving that
the client meets the
standard for discharge under this Chapter and under Section 15 of the Mental Health and
Developmental Disabilities Administrative Act. If the utilization
review committee finds that the Department has sustained its burden and that
the proposed discharge is based upon substantial evidence, it shall recommend
that the discharge proceed. If the utilization review committee does not so
find, it shall recommend that the client not be discharged but it may recommend
that the client be transferred to another facility which can provide
habilitation
appropriate to the condition and needs of the client. It may recommend that
the Department or other agency assist the person in obtaining such appropriate
habilitation.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/4-705) (from Ch. 91 1/2, par. 4-705)
Sec. 4-705.
Petition for discharge; examination.
(a) At any time a person admitted by court order under Article
V of this Chapter or under any prior statute or any person 18 years of age
or older on his behalf may file a petition for discharge with the court.
(b) The petition shall set forth: (1) the name of the client; (2) the
events that precipitated the admission and the date of the admission order;
and (3) a request for discharge and the reasons for the request. The
petition shall be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician stating that the client
no longer meets the standard for judicial admission and specifying the
reasons for that conclusion.
(c) If the petition is not accompanied by a certificate, the court shall
appoint a clinical psychologist, clinical social worker, or
physician to examine the client. If the clinical psychologist, clinical
social worker, or physician determines that the client does not meet the
standard for judicial admission, he shall execute a certificate so stating.
The client is also entitled to an independent examination pursuant to
Section 4-605.
(Source: P.A. 87-530.)
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(405 ILCS 5/4-706) (from Ch. 91 1/2, par. 4-706)
Sec. 4-706.
(a) Upon receipt of a petition for discharge, the court shall
set a hearing to be held
within 7 days. The court shall direct that notice of the time and place
of the hearing be given to the
client, the person specified in Section 4-206, and to the facility director.
Article VI of this Chapter
shall apply to hearings held under this Section.
(b) If the court finds that the client does not meet the standard for
judicial admission, the court
shall enter an order so finding and shall order the client discharged.
If the court determines that the
client continues to meet the standard for judicial admission, the court
may continue or modify its original
order. Thereafter, no new petition for discharge may be filed for 60 days
without leave of the court.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-707) (from Ch. 91 1/2, par. 4-707)
Sec. 4-707.
The facility director of any Department facility may transfer
a client to another
Department facility if he determines that the transfer is appropriate and consistent
with the habilitation needs of the client. An appropriate facility which
is close to the client's place
of residence shall be preferred unless the client requests otherwise or
unless compelling reasons exist
for preferring another facility.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/4-708) (from Ch. 91 1/2, par. 4-708)
Sec. 4-708.
Any client admitted to a facility or to a program of nonresidential
habilitation under
Article V of this Chapter or his guardian, attorney, or nearest adult relative
on his behalf may at any time
petition the court for transfer to a different facility or program of nonresidential
services. If the client
is in a private facility, the facility may also petition for transfer.
An order for admission to a facility
shall not be entered under this Section if the original order did not authorize
such admission unless a hearing
is held pursuant to Article VI of this Chapter.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-709) (from Ch. 91 1/2, par. 4-709)
Sec. 4-709.
(a) Whenever a client who has been in a Department facility
for more than 7 days is to
be transferred to another facility under Section 4-707, the facility director
of the facility shall give written notice at least 14
days before transfer to the client's attorney and to the persons specified
in Section 4-206 of the reasons for
the transfer and of the right to object. In an emergency, when the health
of the client or the physical safety
of the client or others is imminently imperiled and appropriate care and
services are not available where the
client is located, a client may be immediately transferred to another facility
provided that notice is given as soon as possible but not more than 48 hours after the
transfer. The reason for the emergency shall be noted in the client's record
and specified in the notice.
(b) A client may object to his transfer or his attorney or any person
receiving notice under Section 4-206
may object on his behalf. Prior to transfer or within 14 days after an
emergency transfer, a written objection
shall be submitted to the facility director of the facility where the client
is located. Upon receipt of an objection,
the facility director shall promptly schedule a hearing to be held within
7 days pursuant to the procedures in Section 4-209.
The hearing shall be held at the transferring facility except that when
an emergency transfer has taken place,
the hearing may be held at the receiving facility. Except
in an emergency, no transfer shall proceed pending hearing on an objection.
(c) At the hearing the Department shall have the burden of proving that
the standard for transfer under
Section 4-707 is met. If the transfer is to a facility which is substantially
more physically
restrictive than the transferring facility, the Department shall
also prove that the transfer is
reasonably required for the safety of the client or others. If the utilization
review committee finds that the Department
has sustained its burden and the decision to transfer is based upon substantial
evidence, it shall recommend
that the transfer proceed. If it does not so find, it shall recommend that
the client not be transferred.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/Ch. IV Art. VIII heading) ARTICLE VIII. SERVICE PROVIDER SANCTIONS
(Source: P.A. 103-1042, eff. 1-1-25.) |
(405 ILCS 5/4-800) (This Section may contain text from a Public Act with a delayed effective date) Sec. 4-800. Provider sanctions and appeals. The Department of Human Services Division of Developmental Disabilities may impose progressive sanctions on providers that fail to comply with conditions specified by rule, or contract agreement, as determined by the Department. Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, admission holds, removal of individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation. In situations in which recipients of services are placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively. A service provider that has received a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days of receipt of the sanction. Steps to ensure the safety of individuals may be taken regardless of a service provider appeal. The Department shall adopt rules as necessary to implement this Section.(Source: P.A. 103-1042, eff. 1-1-25.) |
(405 ILCS 5/4-801) (This Section may contain text from a Public Act with a delayed effective date) Sec. 4-801. Provider discharge reconsideration requests. After an informal review of a discharge by the Department of Human Services Division of Developmental Disabilities, a provider may request a reconsideration of the decision, to the Department of Human Services Division of Developmental Disabilities. The reconsideration request must be received within 10 working days after the provider receives the written notification, following the informal review decision from the Department of Human Services Division of Developmental Disabilities. The Department of Human Services shall adopt rules as necessary to implement this Section.(Source: P.A. 103-1042, eff. 1-1-25.) |
(405 ILCS 5/Ch. V heading) CHAPTER V
GENERAL PROVISIONS
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(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100.
Written notice of the death of a recipient of services
which occurs at a mental health or developmental disabilities facility, or
the death of a recipient of services who has not been discharged from a
mental health or developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be mailed to
the Department of Public Health which, for the primary purpose of
monitoring patterns of abuse and neglect of recipients of services, shall
make such notices available to the Guardianship and Advocacy Commission and
to the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", approved
September 20, 1985. Such notice shall include the name of the
recipient, the name and address of the facility at which the death
occurred, the recipient's age, the nature of the recipient's condition,
including any evidence of the previous injuries or disabilities, or
relevant medical conditions or any other information which might be helpful
in establishing the cause of death.
Written notice of the death of a recipient of services who was admitted
by court order, and the cause thereof shall, in all cases, be mailed by the
facility director to the court entering the original admission order, and
if possible, to the same judge, and the time, place and alleged cause of
such death shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any recipient of services
at any public or private facility, a coroner's inquest shall be held as
provided by law in other cases.
In cases where the deceased person was a recipient or client of any state
facility, and the fees for holding an inquest cannot be collected out of his
estate, such fees shall be paid by the Department.
(Source: P.A. 88-380.)
|
(405 ILCS 5/5-100.1) Sec. 5-100.1. Notice of death of patient. Any mental health or developmental disabilities facility operating in this State shall provide notice of the death of a recipient of services occurring in the facility to the personal representative, if known, of the recipient of services as specified in this Section. The facility shall attempt to provide verbal notice to the personal representative, if known, of the recipient of services within 24 hours after the death of the recipient of services and shall provide written notice to the personal representative, if known, of the recipient of services within 5 days after the death of the recipient of services. The facility shall provide notice under this subsection in accordance with Sections 4 and 5 of the Mental Health and Developmental Disabilities Confidentiality Act and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).
(Source: P.A. 103-942, eff. 8-9-24.) |
(405 ILCS 5/5-100A)
Sec. 5-100A. (Repealed).
(Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 96-1235, eff. 1-1-11.)
|
(405 ILCS 5/5-101) (from Ch. 91 1/2, par. 5-101)
Sec. 5-101.
If any recipient of services leaves a facility without
being duly discharged or being free to do so, as provided in this Act, or if
any resident is placed on conditional discharge or temporarily released from
the facility and if such recipient is considered by the facility director to
be in such condition as to require immediate detention for the protection of
such recipient or other persons, then upon the request of the facility director
of the facility, any peace officer shall apprehend such recipient and return
him to the nearest Department facility which provides residential services.
The Department shall then arrange for the return of the recipient to the
appropriate facility. The cost of returning a recipient whose absence from
a private facility or a Veterans Administration facility is unauthorized
shall be paid by such facility. If the unauthorized absence is from a facility
of the Department, such cost shall be paid by the Department in accordance
with the fee schedule set forth in Section 19 of "An Act concerning fees and salaries,
and to classify the several counties of the state with reference
thereto", approved March 29, 1872, as now or hereafter amended.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/5-102) (from Ch. 91 1/2, par. 5-102)
Sec. 5-102.
Persons who are not residents of this State may not be
detained in any facility unless admitted thereto in accordance with the laws
of this State, or of the state having jurisdiction of such persons.
A person who is not a resident of this State and who is admitted to a
Department facility for services may be returned by the Department to the
state of which he is a resident, but no such person may be returned unless
arrangements to receive him have been made in the state to which he is to be
returned.
The Department, subject to the approval of the Attorney General, may
enter into reciprocal agreements with corresponding agencies of other states
regarding the interstate transportation or transfer of recipients
and may arrange with the proper officials for the acceptance, transfer and
support of persons who are residents of this State but who are temporarily
detained or who are receiving services in public facilities of other states
in accordance with the terms of such agreements. In the case of persons
brought to this State under any agreements authorized under this Section,
local peace officers may upon request of the Department receive and arrange
for admission of such persons pursuant to this Act.
(Source: P.A. 84-871.)
|
(405 ILCS 5/5-103) (from Ch. 91 1/2, par. 5-103)
Sec. 5-103.
The Department, or any health officer of this State or
any municipality where any person subject to involuntary admission or who
meets the standard for judicial admission may be, may inquire into the manner
in which any such person who is not a recipient of services in a state facility
is cared for and maintained. Whenever the Department has reason to believe
that any person asserted or adjudged to be subject to involuntary admission or
to meet the standard for judicial admission is confined and may be wrongfully
deprived of his liberty, or is cruelly, negligently or improperly treated,
or that inadequate provision is made for his care, supervision and safekeeping,
it may ascertain the facts or may order an investigation of the facts. The
Department, or any duly authorized representative of the Department, may at
any time visit and examine the persons in any place to ascertain if persons
subject to involuntary admission or who meet the standard for judicial
admission are kept therein. The Secretary, or any duly
authorized representative of the Department conducting the investigation, may
administer oaths and issue
subpoenas requiring the attendance of and the giving of testimony by witnesses
and subpoenas duces tecum requiring the production of books, papers, records,
or memoranda. All subpoenas issued under this Act may be served by any
person 18 years of age or older. The fees of witnesses for attendance and
travel are the
same as the fees of witnesses before the circuit courts of this State. Such
fees are to be paid when the witness is excused from further attendance.
When the witness is subpoenaed at the instance of the Department or any
officer or employee thereof, such fees shall be paid in the same manner as
other expenses of the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the Department may require
that the cost of service of the subpoena and the fee of the witness be borne
by such party. In such case the Department, in its discretion, may require
a deposit to cover the cost of such service and witness fees. A subpoena
issued under this Section must be served in the same manner as a subpoena
issued out of a court.
Any court of this State, upon the application of the Department or any
officer or employee thereof may compel the attendance of witnesses, the
production of books, papers, records, or memoranda and the giving of testimony
before the Department or any officer or employee thereof conducting an
investigation or holding a hearing authorized by this Act, by an attachment
for contempt, or otherwise, in the same manner as production of evidence may
be compelled before that court. The Department or any officer or employee
thereof, or any party interested in an investigation or hearing before the
Department, may cause the depositions of witnesses residing within or without
the State to be taken in the manner prescribed by law for like depositions
in civil actions in courts of this State and, to that end, compel the
attendance of witnesses and the production of books, papers, records or
memoranda.
Whenever the Department undertakes an investigation into the general
management and administration of any facility, it may give notice to the
Attorney General who shall appear personally or by an assistant and examine
witnesses who may be in attendance and otherwise represent the Department in
such investigation.
Any recipient's records or confidential communications disclosed under
this Section or under proceedings pursuant thereto shall not lose their
confidential and privileged character as established by the "Mental Health
and Developmental Disabilities Confidentiality Act", enacted by the 80th
General Assembly; such records or confidential communications shall not
be utilized for any other purpose nor be redisclosed or otherwise discoverable
except in connection with such investigation and proceedings pursuant thereto.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)
Sec. 5-104.
The Department may prescribe and publish rules and regulations
to carry out the purposes of this Act and to enforce the provisions this Act
and may alter, amend and supplement such rules and regulations relating to this
Act; but any person affected adversely by any order or ruling of the Department
is entitled to review as provided in Section 6-100 of this Act. Pending final
decision on such review, the acts, orders and rulings of the Department shall
remain in full force and effect unless modified or suspended by order of court
pending final judicial decision thereof.
The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative rules and procedures
of the Department under this Act, except that in case of conflict between
the Illinois Administrative Procedure Act and this Act the provisions of
this Act shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does
not apply to the adoption of any rule required by federal law in connection
with which the Department is precluded by law from exercising any discretion.
As part of such rules and regulations, the Department shall require
that any State operated facility and any community agency, whether public
or private, which provides mental health or developmental disabilities
services to any person shall, with respect to such person, use a uniform
case opening form approved by the Department. The form shall require that
such person's Social Security number be obtained and stated among other
information requested. The facility or agency may assign a case number to
each recipient of its services, and that number shall be provided to the
Department on any reports requested by the Department.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
Sec. 5-105.
Each recipient of services provided directly or funded by
the Department and the estate of that recipient is liable for the payment
of sums representing charges for services to the recipient at a rate to be
determined by the Department in accordance with this Act. If a recipient
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the recipient's
estate and shall not be subject to payment for services to the recipient
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the recipient is unable to pay or if the estate
of the recipient is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount prescribed under this Act has been paid. If the recipient
is under the age of 18, the recipient and responsible relative shall be liable
for medical costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling condition.
The liability shall be the lesser of the cost of medical care or the
amount of responsible relative liability established by the Department
under Section 5-116. Any person 18 through 21 years of age who is
receiving services under the Education for All Handicapped Children Act of
1975 (Public Law 94-142) or that person's responsible relative shall only
be liable for medical costs on a case-by-case basis for services for the
diagnosis and treatment of conditions other than the person's disabling
condition. The liability shall be the lesser of the cost of medical care
or the amount of responsible relative liability established by the
Department under Section 5-116. In the case of any person who has received
residential services from the Department, whether directly from the
Department or through a public or private agency or entity funded by the
Department, the liability shall be the same regardless of the source of
services. The maximum services charges for each recipient assessed against
responsible relatives collectively may not exceed financial liability
determined from income in accordance with Section 5-116. Where the
recipient is placed in a nursing home or other facility outside the
Department, the Department may pay the actual cost of services in that
facility and may collect reimbursement for the entire amount paid from the
recipient or an amount not to exceed those amounts determined under Section
5-116 from responsible relatives according to their proportionate ability
to contribute to those charges. The liability of each responsible relative
for payment of services charges ceases when payments on the basis of
financial ability have been made for a total of 12 years for any recipient,
and any portion of that 12 year period during which a responsible relative
has been determined by the Department to be financially unable to pay any
services charges must be included in fixing the total period of liability.
No child is liable under this Act for services to a parent. No spouse is
liable under this Act for the services to the other spouse who willfully
failed to contribute to the spouse's support for a period of 5 years
immediately preceding his or her admission. Any spouse claiming exemption
because of willful failure to support during any such 5 year period must
furnish the Department with clear and convincing evidence substantiating
the claim. No parent is liable under this Act for the services charges
incurred by a child after the child reaches the age of majority. Nothing
in this Section shall preclude the Department from applying federal
benefits that are specifically provided for the care and treatment of a
person with a disability toward the cost of care provided by a State facility or
private agency.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
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(405 ILCS 5/5-106) (from Ch. 91 1/2, par. 5-106)
Sec. 5-106.
The rate at which sums for the services to recipients in a mental
health or developmental disabilities program of the Department is calculated
by the Department is the average per capita cost of the services to all such
recipients, such cost to be computed by the Department on the general average
per capita cost of operation of all State facilities for the fiscal year
immediately preceding the period of State care for which the rate is being
calculated, except the Department may, in its discretion, set the rate at a
lesser amount than such average per capita cost. The Department in its rules
and regulations may establish a maximum rate not to exceed the rate set by
the Office of Health Finance for the cost of services furnished to persons in
mental health or developmental disabilities programs involving residential
care. If a recipient is placed in a residential program or facility outside
the Department, the ability of responsible relatives to pay these costs shall
be determined under Section 5-116 of this Act. The Department
may supplement the contribution of these persons to private facilities after
all other sources of income have been utilized, provided responsible relatives
do not contribute to actual cost of services in excess of amounts charged to
responsible relatives as established under Section 5-116 of this Act. The
Department shall make an annual report to the Commission on Mental Health and
Developmental Disabilities setting forth proposed changes in rules and
regulations relating to Sections 5-105 through 5-115 and summarizing all
amounts expended by
the Department on behalf of recipients in private facilities. The Department
may pay the actual costs of services or maintenance in such facility and may
collect reimbursement for the entire amount paid from the recipient, or an
amount not to exceed the amount listed in Section 5-106 of this Act from
responsible relatives according to their proportionate ability to contribute
to such charges. Lesser or greater amounts may be accepted by the Department
when conditions warrant such action or when offered by persons not liable
under this Act. The amounts so received shall be deposited with the State
Treasurer and placed in the Mental Health Fund.
(Source: P.A. 83-578.)
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(405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107) Sec. 5-107. Remittances from intermediary agencies under Title XVIII of the Federal Social Security Act for services to persons in State facilities shall be deposited with the State Treasurer and placed in the Mental Health Fund. Payments received from the Department of Healthcare and Family Services under Title XIX of the Federal Social Security Act for services to persons in State facilities shall be deposited with the State Treasurer and shall be placed in the General Revenue Fund.(Source: P.A. 103-866, eff. 8-9-24.) |
(405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1) Sec. 5-107.1. Remittances from or on behalf of licensed long-term care facilities through Department of Healthcare and Family Services reimbursement and monies from other funds for Day Training Programs for clients with a developmental disability shall be deposited with the State Treasurer and placed in the Mental Health Fund.(Source: P.A. 103-866, eff. 8-9-24.) |
(405 ILCS 5/5-107.2) (from Ch. 91 1/2, par. 5-107.2)
Sec. 5-107.2.
The Department shall charge, collect and receive fees or
money equivalent to the cost of providing Department personnel, equipment,
commodities and services
to other agencies and branches of State government, units of local
government or the federal government, on such terms and conditions as in
the judgment of the Secretary are in the best interest of the
State.
All services provided by the Department shall be conducted pursuant to
contracts in accordance with the Intergovernmental Cooperation Act.
(Source: P.A. 89-507, eff. 7-1-97.)
|
(405 ILCS 5/5-108) (from Ch. 91 1/2, par. 5-108)
Sec. 5-108.
The Department may investigate the financial condition of
each person liable under this Act, may make determinations of the
ability of each such person to pay sums representing services charges,
and for such purposes may set a standard as a basis of judgment of
ability to pay under Section 5-116 of this Act. The
Department shall by rule make provisions for unusual and exceptional
circumstances in the application of such standard. The Department may
issue to any person liable under this Act a statement of amount due as
treatment charges requiring him to pay monthly, quarterly or otherwise
as may be arranged, an amount not exceeding that required under this
Act, plus fees to which the Department may be entitled under the Act.
Whenever an individual is covered, in part or in whole,
under any type of insurance arrangement, private or public for services
provided by the Department, the proceeds from such insurance shall be
considered as part of the individual's ability to pay, notwithstanding
that the insurance contract was entered into by a person other than the
individual or notwithstanding that the premiums for such insurance were
paid for by a person other than the individual.
(Source: P.A. 83-578.)
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(405 ILCS 5/5-108.1)
Sec. 5-108.1.
Exemption from charges.
Any recipient of services who is
participating in a research program conducted by the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois, under an
intergovernmental agreement between the Board of Trustees of the University of
Illinois and the Department shall not be liable for any charges as set forth in
Sections 5-105, 5-106, and 5-107 of this Act. This exemption shall apply only
to those charges incurred for services rendered at the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois.
(Source: P.A. 89-552, eff. 7-26-96.)
|
(405 ILCS 5/5-108.2) Sec. 5-108.2. Exemption from charges; veterans. Any veteran who receives services provided by a State mental health facility that are not covered by the veteran's existing insurance plan shall not be liable for any charges as set forth in Sections 5-105, 5-106, and 5-107 of this Code. For purposes of this Section, "veteran" means an Illinois resident who is a veteran as defined under subsection (h) of Section 1491 of Title 10 of the United States Code.
(Source: P.A. 96-1013, eff. 7-8-10.) |
(405 ILCS 5/5-109) (from Ch. 91 1/2, par. 5-109)
Sec. 5-109.
No admission of a recipient in a State facility may be limited or
conditioned in any manner by the financial status or ability to pay of the
recipient, the estate of the recipient, or any responsible relative of the
recipient.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/5-110) (from Ch. 91 1/2, par. 5-110)
Sec. 5-110.
Services charges against responsible relatives take effect on
the date of admission or acceptance of the recipient for services or as soon
thereafter as each responsible relative's financial ability during the
period which the recipient receives services subjects him to liability for
charges as required under this Act. Payment in full by a responsible
relative of established services charges as provided in this Act constitutes
full discharge of the liability of such responsible relative, unless there has
been material misrepresentation in revealing the extent of financial resources.
(Source: P.A. 80-1414.)
|
(405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111)
Sec. 5-111.
Any person who has been issued a Notice of Determination of sums
due as services charges may petition the Department for a review of that
determination. The petition must be in writing and filed with the Department
within 90 days
from the date of the Notice of Determination. The Department shall provide
for a hearing to be held on the charges for the period covered by the petition.
The Department may after such hearing, cancel, modify or increase such former
determination to an amount not to exceed the maximum provided for such person
by this Act. The Department at its expense shall take testimony and
preserve a record of all proceedings at the hearing upon any petition for a
release from or modification of such determination. The petition and other
documents in the nature of pleadings and motions filed in the case, a
transcript of testimony, findings of the Department, and orders of the
Secretary
constitute the record. The Secretary shall furnish a
transcript of such
record to any person upon payment therefor of 75¢ per page for each original
transcript and 25¢ per page for each copy thereof. Any person aggrieved by
the decision of the Department upon such hearing may, within 30 days
thereafter,
file a petition with the Department for review of such decision by the Board
of Reimbursement Appeals. The Board of Reimbursement Appeals may approve
action taken by the Department or may remand the case to the Secretary with
recommendations for redetermination of charges.
(Source: P.A. 89-507, eff. 7-1-97.)
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(405 ILCS 5/5-112) (from Ch. 91 1/2, par. 5-112)
Sec. 5-112.
A Board of Reimbursement Appeals, consisting of 3 persons
appointed by
the Governor, is created to review decisions of the Department under Sections
5-105 through 5-115 of this Act. Board members shall serve for terms of
3 years commencing January 1
of the year their appointment becomes effective and continuing until their
successors are appointed and qualified. All Board members appointed under
law prior to the effective date of this Act shall serve until the expiration
of the terms for which they were appointed and until their successors are
appointed and qualified. All Board members shall
take and subscribe to the constitutional oath of office and file it with the
Secretary of State. They shall receive no compensation but the Department
shall reimburse them for expenses necessarily incurred in the performance of
their duties. Persons appointed as Board members may have no other connection
or duties with the Department.
(Source: P.A. 80-1414.)
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(405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)
Sec. 5-113.
Upon receiving a petition for review under Section 5-111, the Department
shall thereupon notify the Board of Reimbursement Appeals which shall render
its decision thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of the Board is
necessary in any such decision. Upon request of the Department, the State's
Attorney of the county in which a responsible relative or a recipient who is
liable under this Act for payment of sums representing services charges
resides, shall institute appropriate legal action against any such responsible
relative, or the recipient, or within the time provided by law shall file a
claim against the estate of such recipient who fails or refuses to pay those
charges. The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require, except that
no responsible relative may be held liable for charges for services furnished
to a recipient if such charges were assessed more than 5 years prior to the
time the action is filed; but such 5 year limitation does not apply to the
liability of a recipient or recipient's estate. Such order may be entered
against any or all such defendants and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside the Department where the Department has paid such charges. Orders
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants and, in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned
among them.
(Source: P.A. 80-1414.)
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(405 ILCS 5/5-114) (from Ch. 91 1/2, par. 5-114)
Sec. 5-114.
A decedent's representative who has actual knowledge that the
decedent has been a recipient in a State facility shall notify the Department
of the death of the decedent and, if the representative has been
appointed by a court, shall furnish the Department with a copy of his letters
of office. Within the time allowed by law for the
filing of claims,
the Department may file a claim against the decedent's estate for any balance
due for services charges by the decedent while a recipient. Such claim shall
be allowed and paid as other lawful claims against the estate. Nothing
contained in this Section imposes upon the legal representative any personal
liability for the payment of any amount so due or claimed to be due.
As used in this Section, " representative" means executor or
administrator of the decedent's estate or anyone holding assets of the
decedent.
(Source: P.A. 83-388.)
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(405 ILCS 5/5-115) (from Ch. 91 1/2, par. 5-115)
Sec. 5-115.
In case any recipient, the estate of any recipient, or the responsible
relatives of such recipient are unable to pay the services charges for the
recipient provided for by this Act, then the cost of services of such recipient
shall be borne by the State, but the cost of clothing, transportation and
other incidental expenses not constituting any part of the services shall
be defrayed at the expense of the recipient, or the estate of the recipient,
or the responsible relatives of the recipient, or of the county of his residence,
except that the county is not required to defray expense of clothing. No
child is liable under this Act for clothing, transportation, or other incidental
expenses of a parent
and no spouse is liable under this Act for clothing, transportation or other
incidental expenses of a spouse who wilfully failed to contribute to the
spouse's support for a period of 5 years immediately preceding the maintenance,
such spouse being in need of support or maintenance for hospitalization,
however. No parent is liable under this Act for the services charges incurred
by a child after such child reaches the age of majority.
(Source: P.A. 80-1414.)
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(405 ILCS 5/5-116) (from Ch. 91 1/2, par. 5-116)
Sec. 5-116.
Standard and Regulations for Determining Ability to Support.
The Department shall establish a standard by which shall be measured the
ability of responsible relatives to provide support, and shall implement
the standard by rules governing its application. The standard and the rules
shall take into account the buying and consumption patterns of self-supporting
persons of modest income, present or future contingencies having direct
bearing on maintenance of the relative's self-support status and fulfillment
of his obligations to his immediate family, and any unusual or exceptional
circumstances including estrangement or other personal or social factors,
that have a bearing on family relationships and the relative's ability to
meet his support obligations. The standard shall be recomputed periodically
to reflect changes in the cost of living and other pertinent factors.
(Source: P.A. 83-578.)
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(405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)
Sec. 5-117.
The Attorney General shall defend all civil actions and
proceedings against any employee or agent of the Department arising out of
official duties in
connection
with the apprehension, transportation, examination, services, detention or
discharge of any individual under this Act, in any of the courts of this State
or in federal court.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. VI heading) CHAPTER VI
MISCELLANEOUS PROVISIONS
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(405 ILCS 5/6-100) (from Ch. 91 1/2, par. 6-100)
Sec. 6-100.
Judicial proceedings conducted pursuant to this Act shall
be conducted in accordance with the Civil Practice Law, except to the
extent the provisions of this Act indicate to the contrary or are inconsistent,
in which case this Act governs.
(Source: P.A. 82-783.)
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(405 ILCS 5/6-101) (from Ch. 91 1/2, par. 6-101)
Sec. 6-101.
Any person affected by a final administrative decision of
the Department or the Board of Reimbursement Appeals, pursuant to this Act,
may have such decisions reviewed only under and in accordance with
the Administrative Review Law, as now or hereafter amended.
The Administrative Review Law, as amended, and the rules adopted pursuant
thereto, apply to and govern all proceedings for the judicial review of
final administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(Source: P.A. 82-783.)
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(405 ILCS 5/6-102) (from Ch. 91 1/2, par. 6-102)
Sec. 6-102.
Any person who conspires unlawfully to cause, or unlawfully
causes, any person to be adjudicated as subject to involuntary or judicial
admission or as a person under legal disability or to be detained at, or
admitted to any mental health facility or developmental disabilities facility,
or any person who receives or detains a person with mental illness or person
with a developmental disability, contrary to this Act, or any person who
maltreats a person with mental illness or person with a developmental
disability, or any person who knowingly aids, abets or assists or encourages a
person with mental illness or person with a developmental disability to be
absent without permission from any facility or custodian in which or by whom
such person is lawfully detained, or any person who violates any provision
contained in this Act or rule or regulation of the Department issued under this
Act commits a Class A misdemeanor.
(Source: P.A. 88-380.)
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(405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)
Sec. 6-103.
(a) All persons acting in good faith and without negligence in
connection with the preparation of applications, petitions, certificates
or other documents, for the apprehension, transportation, examination,
treatment, habilitation, detention or discharge of an individual under the
provisions of this Act incur no liability, civil or criminal, by reason of
such acts.
(b) There shall be no liability on the part of, and no cause of action
shall arise against, any person who is a physician, clinical psychologist,
or qualified examiner based upon that person's failure to warn of and
protect from a recipient's threatened or actual violent behavior except where
the recipient has communicated to the person a serious threat of physical
violence against a reasonably identifiable victim or victims. Nothing in
this Section shall relieve any employee or director of any residential
mental health or developmental disabilities facility from any duty he may
have to protect the residents of such a facility from any other resident.
(c) Any duty which any person may owe to anyone other than a resident
of a mental health and developmental disabilities facility shall be
discharged by that person making a reasonable effort to communicate the
threat to the victim and to a law enforcement agency, or by a reasonable
effort to obtain the hospitalization of the recipient.
(d) An act of omission or commission by a peace officer acting
in good faith in rendering emergency assistance or otherwise enforcing this
Code does not impose civil liability on the peace officer or his or
her supervisor or employer unless the act is a result of willful or wanton
misconduct.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/6-103.1) Sec. 6-103.1. Adjudication as a person with a mental disability. When a person has been adjudicated as a person with a mental disability as defined in Section 1.1 of the Firearm Owners Identification Card Act, including, but not limited to, an adjudication as a person with a disability as defined in Section 11a-2 of the Probate Act of 1975, the court shall direct
the circuit court clerk to notify the
Illinois State Police, Firearm Owner's Identification
(FOID) Office, in a form and manner prescribed by the Illinois State Police, and shall forward a copy of the court order to the Department no later than 7 days after the entry of the order. Upon receipt of the order, the Illinois State Police shall provide notification to the National Instant Criminal Background Check System.
(Source: P.A. 102-538, eff. 8-20-21.) |
(405 ILCS 5/6-103.2) Sec. 6-103.2. Developmental disability; notice. If a person 14 years old or older is determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services within 7 days of making the determination that the person has a developmental disability. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, or qualified examiner making the determination and his or her employer may not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct.
For purposes of this Section, "developmental disability" means a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. The disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity: (i) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; or (v) self-direction. "Determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person is diagnosed, assessed, or evaluated as having a developmental disability. (Source: P.A. 102-538, eff. 8-20-21.) |
(405 ILCS 5/6-103.3) Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police, within 24 hours of making the determination that the person poses a clear and present danger. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. This Section does not apply to a law enforcement official, if making the notification under this Section will interfere with an ongoing or pending criminal investigation. For the purposes of this Section: "Clear and present danger" has the meaning ascribed | ||
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"Determined to pose a clear and present danger to | ||
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"School administrator" means the person required to | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(405 ILCS 5/6-104) (from Ch. 91 1/2, par. 6-104)
Sec. 6-104.
Unless otherwise specifically provided elsewhere by law, nothing
contained in this Act or in any Act amendatory thereof affects or impairs
the validity of any act done or right accruing, accrued, acquired,
or any order, judgment or status established prior to the enactment of this
Act or prior to the enactment of any Act amendatory thereof, and, as to
any persons admitted or committed pursuant to any Act in effect prior to
the effective date of this Act, the provisions of any such prior Act shall
continue to govern, except where there are express provisions in this Act relating
to such persons.
(Source: P.A. 80-1414.)
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(405 ILCS 5/6-104.3) Sec. 6-104.3. Comparable programs for the services contained
in the Specialized Mental Health Rehabilitation Act of 2013. The Division of Mental Health of the Department of Human
Services shall oversee the creation of comparable programs for
the services contained in the Specialized Mental Health
Rehabilitation Act of 2013 for community-based providers to
provide the following services: (1) triage center; (2) crisis stabilization; and (3) transitional living. These comparable programs shall operate under the
regulations that may currently exist for such programs, or, if
no such regulations are in existence, regulations shall be
created. The comparable programs shall be provided through a
managed care entity, a coordinated care entity, or an
accountable care entity. The Department shall work in concert
with any managed care entity, care coordination entity, or
accountable care entity to gather the data necessary to report
and monitor the progress of the services offered under this
Section. The services to be provided under this Section shall
be subject to a specific appropriation of the General Assembly
for the specific purposes of this Section. The Department shall adopt any emergency rules necessary to
implement this Section.
(Source: P.A. 98-104, eff. 7-22-13.) |
(405 ILCS 5/6-105) (from Ch. 91 1/2, par. 6-105)
Sec. 6-105.
The provisions for repeal contained in this Act do not in
any way affect an offense committed, an act done, a penalty, punishment
or forfeiture incurred, or a claim, right, power or remedy accrued under
any law in force prior to the effective date of this Act.
(Source: P.A. 80-1414.)
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(405 ILCS 5/6-106) (from Ch. 91 1/2, par. 6-106)
Sec. 6-106.
The "Mental Health Code of 1967", approved August 14, 1967,
as amended, is repealed.
(Source: P.A. 80-1414.)
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(405 ILCS 5/6-107) (from Ch. 91 1/2, par. 6-107)
Sec. 6-107.
This Act takes effect January 1, 1979.
(Source: P.A. 80-1414.)
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