Illinois General Assembly

Previous General Assemblies

Full Text of HB1591  97th General Assembly

HB1591enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1591 EnrolledLRB097 07036 KTG 47129 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 2-107.1,
63-101, 3-400, 3-751, 3-800, 3-801, and 3-801.5 and by adding
7Section 3-401.1 as follows:
 
8    (405 ILCS 5/2-107.1)  (from Ch. 91 1/2, par. 2-107.1)
9    Sec. 2-107.1. Administration of psychotropic medication
10and electroconvulsive therapy upon application to a court.
11    (a) (Blank).
12    (a-5) Notwithstanding the provisions of Section 2-107 of
13this Code, psychotropic medication and electroconvulsive
14therapy may be administered to an adult recipient of services
15on an inpatient or outpatient basis without the informed
16consent of the recipient under the following standards:
17        (1) Any person 18 years of age or older, including any
18    guardian, may petition the circuit court for an order
19    authorizing the administration of psychotropic medication
20    and electroconvulsive therapy to a recipient of services.
21    The petition shall state that the petitioner has made a
22    good faith attempt to determine whether the recipient has
23    executed a power of attorney for health care under the

 

 

HB1591 Enrolled- 2 -LRB097 07036 KTG 47129 b

1    Powers of Attorney for Health Care Law or a declaration for
2    mental health treatment under the Mental Health Treatment
3    Preference Declaration Act and to obtain copies of these
4    instruments if they exist. If either of the above-named
5    instruments is available to the petitioner, the instrument
6    or a copy of the instrument shall be attached to the
7    petition as an exhibit. The petitioner shall deliver a copy
8    of the petition, and notice of the time and place of the
9    hearing, to the respondent, his or her attorney, any known
10    agent or attorney-in-fact, if any, and the guardian, if
11    any, no later than 3 days prior to the date of the hearing.
12    Service of the petition and notice of the time and place of
13    the hearing may be made by transmitting them via facsimile
14    machine to the respondent or other party. Upon receipt of
15    the petition and notice, the party served, or the person
16    delivering the petition and notice to the party served,
17    shall acknowledge service. If the party sending the
18    petition and notice does not receive acknowledgement of
19    service within 24 hours, service must be made by personal
20    service.
21        The petition may include a request that the court
22    authorize such testing and procedures as may be essential
23    for the safe and effective administration of the
24    psychotropic medication or electroconvulsive therapy
25    sought to be administered, but only where the petition sets
26    forth the specific testing and procedures sought to be

 

 

HB1591 Enrolled- 3 -LRB097 07036 KTG 47129 b

1    administered.
2        If a hearing is requested to be held immediately
3    following the hearing on a petition for involuntary
4    admission, then the notice requirement shall be the same as
5    that for the hearing on the petition for involuntary
6    admission, and the petition filed pursuant to this Section
7    shall be filed with the petition for involuntary admission.
8        (2) The court shall hold a hearing within 7 days of the
9    filing of the petition. The People, the petitioner, or the
10    respondent shall be entitled to a continuance of up to 7
11    days as of right. An additional continuance of not more
12    than 7 days may be granted to any party (i) upon a showing
13    that the continuance is needed in order to adequately
14    prepare for or present evidence in a hearing under this
15    Section or (ii) under exceptional circumstances. The court
16    may grant an additional continuance not to exceed 21 days
17    when, in its discretion, the court determines that such a
18    continuance is necessary in order to provide the recipient
19    with an examination pursuant to Section 3-803 or 3-804 of
20    this Act, to provide the recipient with a trial by jury as
21    provided in Section 3-802 of this Act, or to arrange for
22    the substitution of counsel as provided for by the Illinois
23    Supreme Court Rules. The hearing shall be separate from a
24    judicial proceeding held to determine whether a person is
25    subject to involuntary admission but may be heard
26    immediately preceding or following such a judicial

 

 

HB1591 Enrolled- 4 -LRB097 07036 KTG 47129 b

1    proceeding and may be heard by the same trier of fact or
2    law as in that judicial proceeding.
3        (3) Unless otherwise provided herein, the procedures
4    set forth in Article VIII of Chapter 3 of this Act,
5    including the provisions regarding appointment of counsel,
6    shall govern hearings held under this subsection (a-5).
7        (4) Psychotropic medication and electroconvulsive
8    therapy may be administered to the recipient if and only if
9    it has been determined by clear and convincing evidence
10    that all of the following factors are present. In
11    determining whether a person meets the criteria specified
12    in the following paragraphs (A) through (G), the court may
13    consider evidence of the person's history of serious
14    violence, repeated past pattern of specific behavior,
15    actions related to the person's illness, or past outcomes
16    of various treatment options.
17            (A) That the recipient has a serious mental illness
18        or developmental disability.
19            (B) That because of said mental illness or
20        developmental disability, the recipient currently
21        exhibits any one of the following: (i) deterioration of
22        his or her ability to function, as compared to the
23        recipient's ability to function prior to the current
24        onset of symptoms of the mental illness or disability
25        for which treatment is presently sought, (ii)
26        suffering, or (iii) threatening behavior.

 

 

HB1591 Enrolled- 5 -LRB097 07036 KTG 47129 b

1            (C) That the illness or disability has existed for
2        a period marked by the continuing presence of the
3        symptoms set forth in item (B) of this subdivision (4)
4        or the repeated episodic occurrence of these symptoms.
5            (D) That the benefits of the treatment outweigh the
6        harm.
7            (E) That the recipient lacks the capacity to make a
8        reasoned decision about the treatment.
9            (F) That other less restrictive services have been
10        explored and found inappropriate.
11            (G) If the petition seeks authorization for
12        testing and other procedures, that such testing and
13        procedures are essential for the safe and effective
14        administration of the treatment.
15        (5) In no event shall an order issued under this
16    Section be effective for more than 90 days. A second 90-day
17    period of involuntary treatment may be authorized pursuant
18    to a hearing that complies with the standards and
19    procedures of this subsection (a-5). Thereafter,
20    additional 180-day periods of involuntary treatment may be
21    authorized pursuant to the standards and procedures of this
22    Section without limit. If a new petition to authorize the
23    administration of psychotropic medication or
24    electroconvulsive therapy is filed at least 15 days prior
25    to the expiration of the prior order, and if any
26    continuance of the hearing is agreed to by the recipient,

 

 

HB1591 Enrolled- 6 -LRB097 07036 KTG 47129 b

1    the administration of the treatment may continue in
2    accordance with the prior order pending the completion of a
3    hearing under this Section.
4        (6) An order issued under this subsection (a-5) shall
5    designate the persons authorized to administer the
6    treatment under the standards and procedures of this
7    subsection (a-5). Those persons shall have complete
8    discretion not to administer any treatment authorized
9    under this Section. The order shall also specify the
10    medications and the anticipated range of dosages that have
11    been authorized and may include a list of any alternative
12    medications and range of dosages deemed necessary.
13    (a-10) The court may, in its discretion, appoint a guardian
14ad litem for a recipient before the court or authorize an
15existing guardian of the person to monitor treatment and
16compliance with court orders under this Section.
17    (b) A guardian may be authorized to consent to the
18administration of psychotropic medication or electroconvulsive
19therapy to an objecting recipient only under the standards and
20procedures of subsection (a-5).
21    (c) Notwithstanding any other provision of this Section, a
22guardian may consent to the administration of psychotropic
23medication or electroconvulsive therapy to a non-objecting
24recipient under Article XIa of the Probate Act of 1975.
25    (d) Nothing in this Section shall prevent the
26administration of psychotropic medication or electroconvulsive

 

 

HB1591 Enrolled- 7 -LRB097 07036 KTG 47129 b

1therapy to recipients in an emergency under Section 2-107 of
2this Act.
3    (e) Notwithstanding any of the provisions of this Section,
4psychotropic medication or electroconvulsive therapy may be
5administered pursuant to a power of attorney for health care
6under the Powers of Attorney for Health Care Law or a
7declaration for mental health treatment under the Mental Health
8Treatment Preference Declaration Act.
9    (f) The Department shall conduct annual trainings for
10physicians and registered nurses working in State-operated
11mental health facilities on the appropriate use of psychotropic
12medication and electroconvulsive therapy, standards for their
13use, and the preparation of court petitions under this Section.
14(Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.)
 
15    (405 ILCS 5/3-101)  (from Ch. 91 1/2, par. 3-101)
16    Sec. 3-101. (a) The State's Attorneys of the several
17counties shall represent the people of the State of Illinois in
18court proceedings under this Chapter and in proceedings under
19Section 2-107.1 in their respective counties, shall attend such
20proceedings either in person or by assistant, and shall ensure
21that petitions, reports and orders are properly prepared.
22Nothing herein contained shall prevent any party, including any
23petitioner, from being represented by his own counsel.
24    (b) Any community mental health provider or inpatient
25mental health facility, including hospitals operated by the

 

 

HB1591 Enrolled- 8 -LRB097 07036 KTG 47129 b

1Department, may be represented by counsel in court proceedings
2under this Chapter if they are providing services or funding
3for services to the respondent, or if an order by the court
4directing said entity to provide services or funding for
5services to the respondent is being sought by any party.
6(Source: P.A. 89-439, eff. 6-1-96.)
 
7    (405 ILCS 5/3-400)  (from Ch. 91 1/2, par. 3-400)
8    Sec. 3-400. Voluntary admission to mental health facility.
9    (a) Any person 16 or older, including a person adjudicated
10a disabled person, may be admitted to a mental health facility
11as a voluntary recipient for treatment of a mental illness upon
12the filing of an application with the facility director of the
13facility if the facility director determines and documents in
14the recipient's medical record that the person (1) is
15clinically suitable for admission as a voluntary recipient and
16(2) has the capacity to consent to voluntary admission.
17    (b) For purposes of consenting to voluntary admission, a
18person has the capacity to consent to voluntary admission if,
19in the professional judgment of the facility director or his or
20her designee, the person is able to understand that:
21        (1) He or she is being admitted to a mental health
22    facility.
23        (2) He or she may request discharge at any time. The
24    request must be in writing, and discharge is not automatic.
25        (3) Within 5 business days after receipt of the written

 

 

HB1591 Enrolled- 9 -LRB097 07036 KTG 47129 b

1    request for discharge, the facility must either discharge
2    the person or initiate commitment proceedings.
3    (c) No mental health facility shall require the completion
4of a petition or certificate as a condition of accepting the
5admission of a recipient who is being transported to that
6facility from any other inpatient or outpatient healthcare
7facility if the recipient has completed an application for
8voluntary admission to the receiving facility pursuant to this
9Section.
10(Source: P.A. 96-612, eff. 1-1-10.)
 
11    (405 ILCS 5/3-401.1 new)
12    Sec. 3-401.1. Transportation to mental health facility.
13Upon receipt of an application for admission prepared pursuant
14to this Article, any licensed ambulance service may transport a
15recipient to a mental health facility or from one mental health
16facility to another. An ambulance service, acting in good faith
17and without negligence in connection with the transportation of
18recipients shall incur no liability, civil or criminal, by
19reason of such transportation.
 
20    (405 ILCS 5/3-751)
21    Sec. 3-751. Involuntary admission; petition.
22    (a) Any person 18 years of age or older may execute a
23petition asserting that another person is subject to
24involuntary admission on an outpatient basis. The petition

 

 

HB1591 Enrolled- 10 -LRB097 07036 KTG 47129 b

1shall be prepared pursuant to paragraph (b) of Section 3-601
2and shall be filed with the court in the county where the
3respondent resides or is present.
4    (b) The court may inquire of the petitioner whether there
5are reasonable grounds to believe that the facts stated in the
6petition are true and whether the respondent is subject to
7involuntary admission on an outpatient basis.
8    (c) A petition for involuntary admission on an outpatient
9basis may be combined with or accompanied by a petition for
10involuntary admission on an inpatient basis under Article VII.
11    (d) Notwithstanding any other provision in this Chapter, a
12petition may be filed under this Article prior to the
13expiration of an agreed order for outpatient admission issued
14pursuant to Section 3-801.5 of this Chapter, provided that the
15recipient has refused to agree to an extension of the agreed
16order as provided in subsection (g) of Section 3-801.5. The
17filing of such a petition at least 5 days prior to the
18expiration of such an agreed order shall continue the order in
19effect pending the disposition of the petition.
20    (e) A petition for involuntary outpatient commitment may be
21filed pursuant to this Section concerning a person who has been
22admitted to a mental health facility on an informal basis under
23Section 3-300 of this Code or as a voluntary recipient under
24Section 3-400 of this Code provided that such a person has a
25documented history of illness and treatment demonstrating that
26he or she is unlikely to continue to receive needed treatment

 

 

HB1591 Enrolled- 11 -LRB097 07036 KTG 47129 b

1following release from informal or voluntary admission and that
2an order for alternative treatment or for care and custody is
3necessary in order to ensure continuity of treatment outside a
4mental health facility. The filing of such a petition shall not
5prevent the recipient from requesting and obtaining a discharge
6pursuant to subsection (b) of Section 3-300 or Section 3-404,
7nor shall it prevent the facility director from discharging the
8recipient pursuant to Section 3-902 of this Code.
9(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
10    (405 ILCS 5/3-800)  (from Ch. 91 1/2, par. 3-800)
11    Sec. 3-800. (a) Unless otherwise indicated, court hearings
12under this Chapter shall be held pursuant to this Article.
13Hearings shall be held in such quarters as the court directs.
14To the extent practical, hearings shall be held in the mental
15health facility where the respondent is hospitalized. Any party
16may request a change of venue or transfer to any other county
17because of the convenience of parties or witnesses or the
18condition of the respondent. The respondent may request to have
19the proceedings transferred to the county of his residence.
20    (b) If the court grants a continuance on its own motion or
21upon the motion of one of the parties, the respondent may
22continue to be detained pending further order of the court.
23Such continuance shall not extend beyond 15 days except to the
24extent that continuances are requested by the respondent.
25    (c) Court hearings under this Chapter, including hearings

 

 

HB1591 Enrolled- 12 -LRB097 07036 KTG 47129 b

1under Section 2-107.1, shall be open to the press and public
2unless the respondent or some other party requests that they be
3closed. The court may also indicate its intention to close a
4hearing, including when it determines that the respondent may
5be unable to make a reasoned decision to request that the
6hearing be closed. A request that a hearing be closed shall be
7granted unless there is an objection to closing the hearing by
8a party or any other person. If an objection is made, the court
9shall not close the hearing unless, following a hearing, it
10determines that the patient's interest in having the hearing
11closed is compelling. The court shall support its determination
12with written findings of fact and conclusions of law. The court
13shall not close the hearing if the respondent objects to its
14closure. Whenever a court determines that a hearing shall be
15closed, access to the records of the hearing, including but not
16limited to transcripts and pleadings, shall be limited to the
17parties involved in the hearing, court personnel, and any
18person or agency providing mental health services that are the
19subject of the hearing. Access may also be granted, however,
20pursuant to the provisions of the Mental Health and
21Developmental Disabilities Confidentiality Act.
22    (d) The provisions of subsection (a-5) of Section 6 of the
23Rights of Crime Victims and Witnesses Act shall apply to the
24initial commitment hearing, as provided under Section 5-2-4 of
25the Unified Code of Corrections, for a respondent found not
26guilty by reason of insanity of a violent crime in a criminal

 

 

HB1591 Enrolled- 13 -LRB097 07036 KTG 47129 b

1proceeding and the hearing has been ordered by the court under
2this Code to determine if the defendant is:
3        (1) in need of mental health services on an inpatient
4    basis;
5        (2) in need of mental health services on an outpatient
6    basis; or
7        (3) not in need of mental health services.
8    While the impact statement to the court allowed under this
9subsection (d) may include the impact that the respondent's
10criminal conduct has had upon the victim, victim's
11representative, or victim's family or household member, the
12court may only consider the impact statement along with all
13other appropriate factors in determining the:
14        (i) threat of serious physical harm posed by the
15    respondent to himself or herself, or to another person;
16        (ii) location of inpatient or outpatient mental health
17    services ordered by the court, but only after complying
18    with all other applicable administrative requirements,
19    rules, and statutory requirements;
20        (iii) maximum period of commitment for inpatient
21    mental health services; and
22        (iv) conditions of release for outpatient mental
23    health services ordered by the court.
24    (e) Notwithstanding the provisions of Section 2-1009 of the
25Code of Civil Procedure, a respondent may object to a motion
26for voluntary dismissal and the court may refuse to grant such

 

 

HB1591 Enrolled- 14 -LRB097 07036 KTG 47129 b

1a dismissal for good cause shown.
2(Source: P.A. 96-117, eff. 1-1-10.)
 
3    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)
4    Sec. 3-801. A respondent may request admission as an
5informal or voluntary recipient at any time prior to an
6adjudication that he is subject to involuntary admission on an
7inpatient or outpatient basis. The facility director shall
8approve such a request unless the facility director determines
9that the respondent lacks the capacity to consent to informal
10or voluntary admission or that informal or voluntary admission
11is clinically inappropriate. The director shall not find that
12voluntary admission is clinically inappropriate in the absence
13of a documented history of the respondent's illness and
14treatment demonstrating that the respondent is unlikely to
15continue to receive needed treatment following release from
16informal or voluntary admission and that an order for
17involuntary admission on an outpatient basis is necessary in
18order to ensure continuity of treatment outside a mental health
19facility.
20    If the facility director approves such a request, the
21petitioner shall be notified of the request and of his or her
22right to object thereto, if the petitioner has requested such
23notification on that individual recipient. The court may
24dismiss the pending proceedings, but shall consider any
25objection made by either the petitioner, the respondent, or the

 

 

HB1591 Enrolled- 15 -LRB097 07036 KTG 47129 b

1State's Attorney and may require proof that such dismissal is
2in the best interest of the respondent and of the public. If
3voluntary admission is accepted and the petition is dismissed
4by the court, notice shall be provided to the petitioner,
5orally and in writing, of his or her right to receive notice of
6the recipient's discharge pursuant to Section 3-902(d).
7(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
896-1453, eff. 8-20-10.)
 
9    (405 ILCS 5/3-801.5)
10    Sec. 3-801.5. Agreed order for admission on an outpatient
11basis.
12    (a) At any time before the conclusion of the hearing and
13the entry of the court's findings, a respondent may enter into
14an agreement to be subject to an order for admission on an
15outpatient basis as provided for in Sections 3-811, 3-812, and
163-813, and 3-815 of this Code, provided that:
17        (1) The court and the parties have been presented with
18    a written report pursuant to Section 3-810 of this Code
19    containing a recommendation for court-ordered admission on
20    an outpatient basis and setting forth in detail the
21    conditions for such an order, and the court is satisfied
22    that the proposal for admission on an outpatient basis is
23    in the best interest of the respondent and of the public.
24        (2) The court advises the respondent of the conditions
25    of the proposed order in open court and is satisfied that

 

 

HB1591 Enrolled- 16 -LRB097 07036 KTG 47129 b

1    the respondent understands and agrees to the conditions of
2    the proposed order for admission on an outpatient basis.
3        (3) The proposed custodian is advised of the
4    recommendation for care and custody and agrees to abide by
5    the terms of the proposed order.
6        (4) No such order may require the respondent to be
7    hospitalized except as provided in subsection (b) of this
8    Section.
9        (5) No order may include as one of its conditions the
10    administration of psychotropic medication, unless the
11    court determines, based on the documented history of the
12    respondent's treatment and illness, that the respondent is
13    unlikely to continue to receive needed psychotropic
14    medication in the absence of such an order.
15    (b) An agreed order of care and custody entered pursuant to
16this Section may grant the custodian the authority to admit a
17respondent to a hospital if the respondent fails to comply with
18the conditions of the agreed order. If necessary in order to
19obtain the hospitalization of the respondent, the custodian may
20apply to the court for an order authorizing an officer of the
21peace to take the respondent into custody and transport the
22respondent to the hospital specified in the agreed order. The
23provisions of Section 3-605 of this Code shall govern the
24transportation of the respondent to a mental health facility,
25except to the extent that those provisions are inconsistent
26with this Section. However, a person admitted to a hospital

 

 

HB1591 Enrolled- 17 -LRB097 07036 KTG 47129 b

1pursuant to powers granted under an agreed order for care and
2custody shall be treated as a voluntary recipient pursuant to
3Article IV of this Chapter and shall be advised immediately of
4his or her right to request a discharge pursuant to Section
53-403 of this Code.
6    (c) If the court has appointed counsel for the respondent
7pursuant to Section 3-805 of this Code, that appointment shall
8continue for the duration of any order entered under this
9Section, and the respondent shall be represented by counsel in
10any proceeding held pursuant to this Section.
11    (d) An order entered under this Section shall not
12constitute a finding that the respondent is subject to
13involuntary admission on an inpatient or outpatient basis.
14    (e) Nothing in this Section shall be deemed to create an
15agency relationship between the respondent and any custodian
16appointed pursuant to this Section.
17    (f) Notwithstanding any other provision of Illinois law, no
18respondent may be cited for contempt for violating the terms
19and conditions of his or her agreed order of care and custody.
20    (g) An order entered under this Section may be extended
21with the agreement of the parties for additional 180-day
22periods.
23(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
24    Section 10. The Mental Health and Developmental
25Disabilities Confidentiality Act is amended by changing

 

 

HB1591 Enrolled- 18 -LRB097 07036 KTG 47129 b

1Section 11 as follows:
 
2    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
3    Sec. 11. Disclosure of records and communications. Records
4and communications may be disclosed:
5        (i) in accordance with the provisions of the Abused and
6    Neglected Child Reporting Act, subsection (u) of Section 5
7    of the Children and Family Services Act, or Section 7.4 of
8    the Child Care Act of 1969;
9        (ii) when, and to the extent, a therapist, in his or
10    her sole discretion, determines that disclosure is
11    necessary to initiate or continue civil commitment or
12    involuntary treatment proceedings under the laws of this
13    State or to otherwise protect the recipient or other person
14    against a clear, imminent risk of serious physical or
15    mental injury or disease or death being inflicted upon the
16    recipient or by the recipient on himself or another;
17        (iii) when, and to the extent disclosure is, in the
18    sole discretion of the therapist, necessary to the
19    provision of emergency medical care to a recipient who is
20    unable to assert or waive his or her rights hereunder;
21        (iv) when disclosure is necessary to collect sums or
22    receive third party payment representing charges for
23    mental health or developmental disabilities services
24    provided by a therapist or agency to a recipient under
25    Chapter V of the Mental Health and Developmental

 

 

HB1591 Enrolled- 19 -LRB097 07036 KTG 47129 b

1    Disabilities Code or to transfer debts under the
2    Uncollected State Claims Act; however, disclosure shall be
3    limited to information needed to pursue collection, and the
4    information so disclosed shall not be used for any other
5    purposes nor shall it be redisclosed except in connection
6    with collection activities;
7        (v) when requested by a family member, the Department
8    of Human Services may assist in the location of the
9    interment site of a deceased recipient who is interred in a
10    cemetery established under Section 26 100-26 of the Mental
11    Health and Developmental Disabilities Administrative Act;
12        (vi) in judicial proceedings under Article VIII of
13    Chapter III and Article V of Chapter IV of the Mental
14    Health and Developmental Disabilities Code and proceedings
15    and investigations preliminary thereto, to the State's
16    Attorney for the county or residence of a person who is the
17    subject of such proceedings, or in which the person is
18    found, or in which the facility is located, to the attorney
19    representing the petitioner in the judicial proceedings,
20    to the attorney representing the recipient in the judicial
21    proceedings, to any person or agency providing mental
22    health services that are the subject of the proceedings and
23    to that person's or agency's attorney, to any court
24    personnel, including but not limited to judges and circuit
25    court clerks, and to a guardian ad litem if one has been
26    appointed by the court. Information , provided that the

 

 

HB1591 Enrolled- 20 -LRB097 07036 KTG 47129 b

1    information so disclosed under this subsection shall not be
2    utilized for any other purpose nor be redisclosed except in
3    connection with the proceedings or investigations. ; Copies
4    of any records provided to counsel for a petitioner shall
5    be deleted or destroyed at the end of the proceedings and
6    counsel for petitioner shall certify to the court in
7    writing that he or she has done so. At the request of a
8    recipient or his or her counsel, the court shall issue a
9    protective order insuring the confidentiality of any
10    records or communications provided to counsel for a
11    petitioner;
12        (vii) when, and to the extent disclosure is necessary
13    to comply with the requirements of the Census Bureau in
14    taking the federal Decennial Census;
15        (viii) when, and to the extent, in the therapist's sole
16    discretion, disclosure is necessary to warn or protect a
17    specific individual against whom a recipient has made a
18    specific threat of violence where there exists a
19    therapist-recipient relationship or a special
20    recipient-individual relationship;
21        (ix) in accordance with the Sex Offender Registration
22    Act;
23        (x) in accordance with the Rights of Crime Victims and
24    Witnesses Act;
25        (xi) in accordance with Section 6 of the Abused and
26    Neglected Long Term Care Facility Residents Reporting Act;

 

 

HB1591 Enrolled- 21 -LRB097 07036 KTG 47129 b

1    and
2        (xii) in accordance with Section 55 of the Abuse of
3    Adults with Disabilities Intervention Act.
4    Any person, institution, or agency, under this Act,
5participating in good faith in the making of a report under the
6Abused and Neglected Child Reporting Act or in the disclosure
7of records and communications under this Section, shall have
8immunity from any liability, civil, criminal or otherwise, that
9might result by reason of such action. For the purpose of any
10proceeding, civil or criminal, arising out of a report or
11disclosure under this Section, the good faith of any person,
12institution, or agency so reporting or disclosing shall be
13presumed.
14(Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09;
15revised 9-16-10.)
 
16    Section 15. The Probate Act of 1975 is amended by changing
17Section 11a-10 as follows:
 
18    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
19    Sec. 11a-10. Procedures preliminary to hearing.
20    (a) Upon the filing of a petition pursuant to Section
2111a-8, the court shall set a date and place for hearing to take
22place within 30 days. The court shall appoint a guardian ad
23litem to report to the court concerning the respondent's best
24interests consistent with the provisions of this Section,

 

 

HB1591 Enrolled- 22 -LRB097 07036 KTG 47129 b

1except that the appointment of a guardian ad litem shall not be
2required when the court determines that such appointment is not
3necessary for the protection of the respondent or a reasonably
4informed decision on the petition. If the guardian ad litem is
5not a licensed attorney, he or she shall be qualified, by
6training or experience, to work with or advocate for the
7developmentally disabled, mentally ill, physically disabled,
8the elderly, or persons disabled because of mental
9deterioration, depending on the type of disability that is
10alleged in the petition. The court may allow the guardian ad
11litem reasonable compensation. The guardian ad litem may
12consult with a person who by training or experience is
13qualified to work with persons with a developmental disability,
14persons with mental illness, or physically disabled persons, or
15persons disabled because of mental deterioration, depending on
16the type of disability that is alleged. The guardian ad litem
17shall personally observe the respondent prior to the hearing
18and shall inform him orally and in writing of the contents of
19the petition and of his rights under Section 11a-11. The
20guardian ad litem shall also attempt to elicit the respondent's
21position concerning the adjudication of disability, the
22proposed guardian, a proposed change in residential placement,
23changes in care that might result from the guardianship, and
24other areas of inquiry deemed appropriate by the court.
25Notwithstanding any provision in the Mental Health and
26Developmental Disabilities Confidentiality Act or any other

 

 

HB1591 Enrolled- 23 -LRB097 07036 KTG 47129 b

1law, a guardian ad litem shall have the right to inspect and
2copy any medical or mental health record of the respondent
3which the guardian ad litem deems necessary, provided that the
4information so disclosed shall not be utilized for any other
5purpose nor be redisclosed except in connection with the
6proceedings. At or before the hearing, the guardian ad litem
7shall file a written report detailing his or her observations
8of the respondent, the responses of the respondent to any of
9the inquires detailed in this Section, the opinion of the
10guardian ad litem or other professionals with whom the guardian
11ad litem consulted concerning the appropriateness of
12guardianship, and any other material issue discovered by the
13guardian ad litem. The guardian ad litem shall appear at the
14hearing and testify as to any issues presented in his or her
15report.
16    (b) The court (1) may appoint counsel for the respondent,
17if the court finds that the interests of the respondent will be
18best served by the appointment, and (2) shall appoint counsel
19upon respondent's request or if the respondent takes a position
20adverse to that of the guardian ad litem. The respondent shall
21be permitted to obtain the appointment of counsel either at the
22hearing or by any written or oral request communicated to the
23court prior to the hearing. The summons shall inform the
24respondent of this right to obtain appointed counsel. The court
25may allow counsel for the respondent reasonable compensation.
26    (c) If the respondent is unable to pay the fee of the

 

 

HB1591 Enrolled- 24 -LRB097 07036 KTG 47129 b

1guardian ad litem or appointed counsel, or both, the court may
2enter an order for the petitioner to pay all such fees or such
3amounts as the respondent or the respondent's estate may be
4unable to pay. However, in cases where the Office of State
5Guardian is the petitioner, consistent with Section 30 of the
6Guardianship and Advocacy Act, where an elder abuse provider
7agency is the petitioner, pursuant to Section 9 of the Elder
8Abuse and Neglect Act, or where the Department of Human
9Services Office of Inspector General is the petitioner,
10consistent with Section 45 of the Abuse of Adults with
11Disabilities Intervention Act, no guardian ad litem or legal
12fees shall be assessed against the Office of State Guardian,
13the elder abuse provider agency, or the Department of Human
14Services Office of Inspector General.
15    (d) The hearing may be held at such convenient place as the
16court directs, including at a facility in which the respondent
17resides.
18    (e) Unless he is the petitioner, the respondent shall be
19personally served with a copy of the petition and a summons not
20less than 14 days before the hearing. The summons shall be
21printed in large, bold type and shall include the following
22notice:
23
NOTICE OF RIGHTS OF RESPONDENT
24    You have been named as a respondent in a guardianship
25petition asking that you be declared a disabled person. If the
26court grants the petition, a guardian will be appointed for

 

 

HB1591 Enrolled- 25 -LRB097 07036 KTG 47129 b

1you. A copy of the guardianship petition is attached for your
2convenience.
3The date and time of the hearing are:
4The place where the hearing will occur is:
5The Judge's name and phone number is:
6    If a guardian is appointed for you, the guardian may be
7given the right to make all important personal decisions for
8you, such as where you may live, what medical treatment you may
9receive, what places you may visit, and who may visit you. A
10guardian may also be given the right to control and manage your
11money and other property, including your home, if you own one.
12You may lose the right to make these decisions for yourself.
13    You have the following legal rights:
14        (1) You have the right to be present at the court
15    hearing.
16        (2) You have the right to be represented by a lawyer,
17    either one that you retain, or one appointed by the Judge.
18        (3) You have the right to ask for a jury of six persons
19    to hear your case.
20        (4) You have the right to present evidence to the court
21    and to confront and cross-examine witnesses.
22        (5) You have the right to ask the Judge to appoint an
23    independent expert to examine you and give an opinion about
24    your need for a guardian.
25        (6) You have the right to ask that the court hearing be
26    closed to the public.

 

 

HB1591 Enrolled- 26 -LRB097 07036 KTG 47129 b

1        (7) You have the right to tell the court whom you
2    prefer to have for your guardian.
3    You do not have to attend the court hearing if you do not
4want to be there. If you do not attend, the Judge may appoint a
5guardian if the Judge finds that a guardian would be of benefit
6to you. The hearing will not be postponed or canceled if you do
7not attend.
8    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
9NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
10PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
11IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
12PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
13TELL THE JUDGE.
14    Service of summons and the petition may be made by a
15private person 18 years of age or over who is not a party to the
16action.
17    (f) Notice of the time and place of the hearing shall be
18given by the petitioner by mail or in person to those persons,
19including the proposed guardian, whose names and addresses
20appear in the petition and who do not waive notice, not less
21than 14 days before the hearing.
22(Source: P.A. 95-373, eff. 8-23-07; 96-1052, eff. 7-14-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.