Full Text of HB1591 97th General Assembly
HB1591eng 97TH GENERAL ASSEMBLY |
| | HB1591 Engrossed | | LRB097 07036 KTG 47129 b |
|
| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Code is amended by changing Sections 2-107.1, | 6 | | 3-101, 3-400, 3-751, 3-800, 3-801, and 3-801.5 and by adding | 7 | | Section 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 | 10 | | and electroconvulsive therapy
upon
application to a court.
| 11 | | (a) (Blank).
| 12 | | (a-5) Notwithstanding the provisions of Section 2-107 of | 13 | | this
Code, psychotropic medication and electroconvulsive | 14 | | therapy may be administered to an adult recipient of
services | 15 | | on an inpatient or outpatient basis without the informed | 16 | | consent 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 Engrossed | - 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 Engrossed | - 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 Engrossed | - 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 Engrossed | - 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 Engrossed | - 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 | 14 | | ad litem for a recipient before the court or authorize an | 15 | | existing guardian of the person to monitor treatment and | 16 | | compliance with court orders under this Section.
| 17 | | (b) A guardian may be authorized to consent to the | 18 | | administration
of psychotropic medication or electroconvulsive | 19 | | therapy to an
objecting recipient only under the
standards and | 20 | | procedures of subsection (a-5).
| 21 | | (c) Notwithstanding any other provision of this Section, a | 22 | | guardian may
consent to the administration of psychotropic | 23 | | medication or electroconvulsive therapy to a
non-objecting
| 24 | | recipient under Article XIa of the Probate Act of 1975.
| 25 | | (d) Nothing in this Section shall prevent the | 26 | | administration of psychotropic medication or electroconvulsive |
| | | HB1591 Engrossed | - 7 - | LRB097 07036 KTG 47129 b |
|
| 1 | | therapy to recipients
in an emergency under Section 2-107 of
| 2 | | this Act.
| 3 | | (e) Notwithstanding any of the provisions of this Section, | 4 | | psychotropic medication or electroconvulsive therapy may be | 5 | | administered pursuant to a power of attorney for
health care | 6 | | under the Powers of Attorney for Health Care Law or a | 7 | | declaration
for mental health treatment under the Mental Health | 8 | | Treatment Preference
Declaration Act.
| 9 | | (f) The Department shall conduct annual trainings for | 10 | | physicians and registered nurses working in State-operated | 11 | | mental health facilities on the appropriate use of psychotropic | 12 | | medication and electroconvulsive therapy, standards for their | 13 | | use, 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 | 17 | | counties shall represent
the people of the State of Illinois in | 18 | | court proceedings under this Chapter
and in proceedings under | 19 | | Section 2-107.1 in their respective counties,
shall attend such | 20 | | proceedings either in person or by assistant, and shall
ensure | 21 | | that petitions, reports and orders are properly prepared. | 22 | | Nothing
herein contained shall prevent any party , including any | 23 | | petitioner, from being represented by his own
counsel.
| 24 | | (b) Any community mental health provider or inpatient | 25 | | mental health facility, including hospitals operated by the |
| | | HB1591 Engrossed | - 8 - | LRB097 07036 KTG 47129 b |
|
| 1 | | Department, may be represented by counsel in court proceedings | 2 | | under this Chapter if they are providing services or funding | 3 | | for services to the respondent, or if an order by the court | 4 | | directing said entity to provide services or funding for | 5 | | services 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 | 10 | | a disabled person, may be admitted to a mental health
facility | 11 | | as a voluntary recipient for treatment of a mental illness upon | 12 | | the
filing of an application with the facility director of the | 13 | | facility if the
facility director determines and documents in | 14 | | the recipient's medical record that the person (1) is | 15 | | clinically 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 | 18 | | person has the capacity to consent to voluntary admission if, | 19 | | in the professional judgment of the facility director or his or | 20 | | her 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 Engrossed | - 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 | 4 | | of a petition or certificate as a condition of accepting the | 5 | | admission of a recipient who is being transported to that | 6 | | facility from any other inpatient or outpatient healthcare | 7 | | facility if the recipient has completed an application for | 8 | | voluntary admission to the receiving facility pursuant to this | 9 | | Section. | 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. | 13 | | Upon receipt of an application for admission prepared pursuant | 14 | | to this Article, any licensed ambulance service may transport a | 15 | | recipient to a mental health facility or from one mental health | 16 | | facility to another. An ambulance service, acting in good faith | 17 | | and without negligence in connection with the transportation of | 18 | | recipients shall incur no liability, civil or criminal, by | 19 | | reason 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 | 23 | | petition asserting that another person is subject to | 24 | | involuntary admission on an outpatient basis. The petition |
| | | HB1591 Engrossed | - 10 - | LRB097 07036 KTG 47129 b |
|
| 1 | | shall be prepared pursuant to paragraph (b) of Section 3-601 | 2 | | and shall be filed with the court in the county where the | 3 | | respondent resides or is present. | 4 | | (b) The court may inquire of the petitioner whether there | 5 | | are reasonable grounds to believe that the facts stated in the | 6 | | petition are true and whether the respondent is subject to | 7 | | involuntary admission on an outpatient basis. | 8 | | (c) A petition for involuntary admission on an outpatient | 9 | | basis may be combined with or accompanied by a petition for | 10 | | involuntary admission on an inpatient basis under Article VII.
| 11 | | (d) Notwithstanding any other provision in this Chapter, a | 12 | | petition may be filed under this Article prior to the | 13 | | expiration of an agreed order for outpatient admission issued | 14 | | pursuant to Section 3-801.5 of this Chapter, provided that the | 15 | | recipient has refused to agree to an extension of the agreed | 16 | | order as provided in subsection (g) of Section 3-801.5. The | 17 | | filing of such a petition at least 5 days prior to the | 18 | | expiration of such an agreed order shall continue the order in | 19 | | effect pending the disposition of the petition. | 20 | | (e) A petition for involuntary outpatient commitment may be | 21 | | filed pursuant to this Section concerning a person who has been | 22 | | admitted to a mental health facility on an informal basis under | 23 | | Section 3-300 of this Code or as a voluntary recipient under | 24 | | Section 3-400 of this Code provided that such a person has a | 25 | | documented history of illness and treatment demonstrating that | 26 | | he or she is unlikely to continue to receive needed treatment |
| | | HB1591 Engrossed | - 11 - | LRB097 07036 KTG 47129 b |
|
| 1 | | following release from informal or voluntary admission and that | 2 | | an order for alternative treatment or for care and custody is | 3 | | necessary in order to ensure continuity of treatment outside a | 4 | | mental health facility. The filing of such a petition shall not | 5 | | prevent the recipient from requesting and obtaining a discharge | 6 | | pursuant to subsection (b) of Section 3-300 or Section 3-404, | 7 | | nor shall it prevent the facility director from discharging the | 8 | | recipient 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 | 12 | | under this
Chapter shall be held pursuant to this Article. | 13 | | Hearings shall be held
in such quarters as the court directs.
| 14 | | To the extent practical, hearings shall be held in the mental | 15 | | health facility
where the respondent is hospitalized. Any party | 16 | | may request a change of
venue or transfer to any other county | 17 | | because of the convenience of parties
or witnesses or the | 18 | | condition of the respondent. The respondent may
request to have | 19 | | the proceedings transferred to the county of his residence.
| 20 | | (b) If the court grants a continuance on its own motion or | 21 | | upon the motion
of one of the parties, the respondent may | 22 | | continue to be detained pending
further order of the court. | 23 | | Such continuance shall not extend beyond 15
days except to the | 24 | | extent that continuances are requested by the respondent.
| 25 | | (c) Court hearings under this Chapter, including hearings |
| | | HB1591 Engrossed | - 12 - | LRB097 07036 KTG 47129 b |
|
| 1 | | under Section
2-107.1, shall be open to the press and public | 2 | | unless the
respondent or some other party requests that they be | 3 | | closed. The court may
also indicate its intention to close a | 4 | | hearing, including when it determines
that the respondent may | 5 | | be unable to make a reasoned decision to request that
the
| 6 | | hearing be closed. A request that a hearing be closed shall be
| 7 | | granted unless there is an objection to closing the hearing by | 8 | | a party or any
other person. If
an objection is made, the court | 9 | | shall not close the hearing unless, following a
hearing, it | 10 | | determines that the patient's interest in having the hearing | 11 | | closed
is compelling. The court shall support its determination | 12 | | with written findings
of fact and conclusions of law. The court | 13 | | shall not close the hearing if the
respondent objects to its | 14 | | closure. Whenever a court determines that a hearing
shall be | 15 | | closed, access to the records of the hearing, including but not
| 16 | | limited to transcripts and pleadings, shall be limited to the | 17 | | parties involved
in the hearing, court personnel, and any | 18 | | person or agency providing mental
health services that are the | 19 | | subject of the hearing. Access may also
be granted, however, | 20 | | pursuant to the provisions of the Mental Health and
| 21 | | Developmental
Disabilities Confidentiality Act. | 22 | | (d) The provisions of subsection (a-5) of Section 6 of the | 23 | | Rights of Crime Victims and Witnesses Act shall apply to the | 24 | | initial commitment hearing, as provided under Section 5-2-4 of | 25 | | the Unified Code of Corrections, for a respondent found not | 26 | | guilty by reason of insanity of a violent crime in a criminal |
| | | HB1591 Engrossed | - 13 - | LRB097 07036 KTG 47129 b |
|
| 1 | | proceeding and the hearing has been ordered by the court under | 2 | | this 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 | 9 | | subsection (d) may include the impact that the respondent's | 10 | | criminal conduct has had upon the victim, victim's | 11 | | representative, or victim's family or household member, the | 12 | | court may only consider the impact statement along with all | 13 | | other 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 | 25 | | Code of Civil Procedure, a respondent may object to a motion | 26 | | for voluntary dismissal and the court may refuse to grant such |
| | | HB1591 Engrossed | - 14 - | LRB097 07036 KTG 47129 b |
|
| 1 | | a 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 | 5 | | informal or voluntary
recipient at any time prior to an | 6 | | adjudication that he is subject to
involuntary admission on an | 7 | | inpatient or outpatient basis.
The facility director shall | 8 | | approve such a request unless the facility
director
determines
| 9 | | that the respondent lacks the capacity to consent to informal | 10 | | or voluntary
admission or
that informal or voluntary admission | 11 | | is clinically inappropriate. The director
shall not
find that | 12 | | voluntary admission is clinically inappropriate in the absence | 13 | | of a
documented
history of the respondent's illness and | 14 | | treatment demonstrating that the
respondent is
unlikely to | 15 | | continue to receive needed treatment following release from
| 16 | | informal or
voluntary admission and that an order for | 17 | | involuntary admission on an outpatient basis is
necessary in | 18 | | order to ensure continuity of
treatment outside a mental health | 19 | | facility.
| 20 | | If the facility director approves such a request, the
| 21 | | petitioner shall be notified of the request and of his or her | 22 | | right to object thereto, if the petitioner has requested such | 23 | | notification on that individual recipient. The court may | 24 | | dismiss the pending proceedings, but shall consider any | 25 | | objection made by either the petitioner , the respondent, or the |
| | | HB1591 Engrossed | - 15 - | LRB097 07036 KTG 47129 b |
|
| 1 | | State's Attorney and may require proof that such
dismissal is | 2 | | in the best interest of the respondent and of the public.
If | 3 | | voluntary admission is accepted and the petition is dismissed | 4 | | by the court, notice shall be provided to the petitioner, | 5 | | orally and in writing, of his or her right to receive notice of | 6 | | the 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; | 8 | | 96-1453, eff. 8-20-10.) | 9 | | (405 ILCS 5/3-801.5) | 10 | | Sec. 3-801.5. Agreed order for admission on an outpatient | 11 | | basis. | 12 | | (a) At any time before the conclusion of the hearing and | 13 | | the entry of the
court's
findings, a respondent may enter into | 14 | | an agreement to be subject to an order
for
admission on an | 15 | | outpatient basis as provided for in Sections 3-811,
3-812, and | 16 | | 3-813 ,
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 Engrossed | - 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 | 16 | | this Section may
grant the custodian the authority to admit a | 17 | | respondent to a hospital if the
respondent fails
to comply with | 18 | | the conditions of the agreed order. If necessary in order to
| 19 | | obtain the
hospitalization of the respondent, the custodian may | 20 | | apply to the court for an
order
authorizing an officer of the | 21 | | peace to take the respondent into custody and
transport the
| 22 | | respondent to the hospital specified in the agreed order. The | 23 | | provisions of
Section 3-605
of this Code shall govern the | 24 | | transportation of the respondent to a mental
health facility,
| 25 | | except to the extent that those provisions are inconsistent | 26 | | with this Section.
However, a
person admitted to a hospital |
| | | HB1591 Engrossed | - 17 - | LRB097 07036 KTG 47129 b |
|
| 1 | | pursuant to powers granted under an agreed order
for care
and | 2 | | custody shall be treated as a voluntary recipient pursuant to | 3 | | Article IV of
this Chapter
and shall be advised immediately of | 4 | | his or her right to request a discharge
pursuant to
Section | 5 | | 3-403 of this Code. | 6 | | (c) If the court has appointed counsel for the respondent | 7 | | pursuant to
Section 3-805
of this Code, that appointment shall | 8 | | continue for the duration of any order
entered under
this | 9 | | Section, and the respondent shall be represented by counsel in | 10 | | any
proceeding held
pursuant to this Section. | 11 | | (d) An order entered under this Section shall not | 12 | | constitute a finding that
the
respondent is subject to | 13 | | involuntary admission on an inpatient or outpatient basis. | 14 | | (e) Nothing in this Section shall be deemed to create an | 15 | | agency relationship
between the respondent and any custodian | 16 | | appointed pursuant to this Section. | 17 | | (f) Notwithstanding any other provision of Illinois law, no | 18 | | respondent may
be
cited for contempt for violating the terms | 19 | | and conditions of his or her agreed
order of care
and custody.
| 20 | | (g) An order entered under this Section may be extended | 21 | | with the agreement of the parties for additional 180-day | 22 | | periods. | 23 | | (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) | 24 | | Section 10. The Mental Health and Developmental | 25 | | Disabilities Confidentiality Act is amended by changing |
| | | HB1591 Engrossed | - 18 - | LRB097 07036 KTG 47129 b |
|
| 1 | | Section 11 as follows:
| 2 | | (740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
| 3 | | Sec. 11. Disclosure of records and communications. Records | 4 | | and
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 Engrossed | - 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 Engrossed | - 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 Engrossed | - 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, | 5 | | participating in good faith in the making of a report under the
| 6 | | Abused and Neglected Child Reporting Act or in the disclosure | 7 | | of records and
communications under this Section, shall have | 8 | | immunity from any liability,
civil, criminal or otherwise, that | 9 | | might result by reason of such action. For
the purpose of any | 10 | | proceeding, civil or criminal, arising out of a report or
| 11 | | disclosure under this Section, the good faith of any person, | 12 | | institution, or
agency so reporting or disclosing shall be | 13 | | presumed.
| 14 | | (Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09; | 15 | | revised 9-16-10.)
| 16 | | Section 15. The Probate Act of 1975 is amended by changing | 17 | | Section 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 | 21 | | 11a-8, the court shall
set a date and place for hearing to take | 22 | | place within 30 days. The court
shall appoint a guardian ad | 23 | | litem to report to the court concerning the
respondent's best | 24 | | interests consistent with the provisions of this Section,
|
| | | HB1591 Engrossed | - 22 - | LRB097 07036 KTG 47129 b |
|
| 1 | | except that
the appointment of a guardian ad litem shall not be | 2 | | required when
the court determines that such appointment is not | 3 | | necessary for the protection
of the respondent or a reasonably | 4 | | informed decision on the petition.
If the guardian ad litem is | 5 | | not a licensed attorney, he or she shall be
qualified,
by
| 6 | | training or experience, to work with or advocate for the | 7 | | developmentally
disabled, mentally ill, physically disabled, | 8 | | the elderly, or persons disabled
because of mental | 9 | | deterioration, depending on the type of disability that is
| 10 | | alleged in the petition.
The court may allow the guardian ad | 11 | | litem reasonable compensation. The
guardian ad litem may | 12 | | consult with a person who by training or experience is
| 13 | | qualified to work with persons with a developmental disability, | 14 | | persons with
mental illness, or physically disabled persons, or | 15 | | persons disabled because of
mental deterioration, depending on | 16 | | the type of disability that is alleged.
The guardian ad litem | 17 | | shall personally observe the respondent prior to the
hearing | 18 | | and shall inform
him orally and in writing of the contents of | 19 | | the petition and of his rights
under Section 11a-11.
The | 20 | | guardian ad litem shall also attempt to elicit the respondent's | 21 | | position
concerning the adjudication of disability, the | 22 | | proposed guardian, a proposed
change in residential placement, | 23 | | changes in care that might result from the
guardianship, and | 24 | | other areas of inquiry deemed appropriate by the court.
| 25 | | Notwithstanding any provision in the Mental Health and | 26 | | Developmental Disabilities Confidentiality Act or any other |
| | | HB1591 Engrossed | - 23 - | LRB097 07036 KTG 47129 b |
|
| 1 | | law, a guardian ad litem shall have the right to inspect and | 2 | | copy any medical or mental health record of the respondent | 3 | | which the guardian ad litem deems necessary, provided that the | 4 | | information so disclosed shall not be utilized for any other | 5 | | purpose nor be redisclosed except in connection with the | 6 | | proceedings. At or before the hearing, the guardian ad litem | 7 | | shall file a written report
detailing his or her observations | 8 | | of the respondent, the responses of the
respondent to any of | 9 | | the inquires detailed in this Section, the opinion of the
| 10 | | guardian
ad litem or other professionals with whom the guardian | 11 | | ad litem consulted
concerning the appropriateness of | 12 | | guardianship, and any other material issue
discovered by the | 13 | | guardian ad litem. The guardian ad litem shall appear at the
| 14 | | hearing and testify as to any issues presented in his or her | 15 | | report.
| 16 | | (b) The court (1) may appoint counsel for the respondent, | 17 | | if the court finds
that the interests of the respondent will be | 18 | | best served by the appointment,
and (2) shall appoint counsel | 19 | | upon respondent's request or if the respondent
takes a position | 20 | | adverse to that of the guardian ad litem. The respondent
shall | 21 | | be permitted to obtain the appointment of counsel either at the | 22 | | hearing
or by any written or oral request communicated to the | 23 | | court prior to the
hearing. The summons shall inform the | 24 | | respondent of this right to obtain
appointed counsel. The court | 25 | | may allow counsel for the respondent reasonable
compensation.
| 26 | | (c) If the respondent is unable to pay the fee of the |
| | | HB1591 Engrossed | - 24 - | LRB097 07036 KTG 47129 b |
|
| 1 | | guardian ad litem or
appointed counsel, or both, the court may | 2 | | enter an order for
the petitioner to
pay all
such
fees or such | 3 | | amounts as the respondent or the respondent's estate may be | 4 | | unable
to pay.
However, in cases where the Office of State | 5 | | Guardian is the petitioner,
consistent with Section 30 of the | 6 | | Guardianship and Advocacy Act,
where an elder abuse provider | 7 | | agency is the petitioner, pursuant to
Section 9 of the Elder | 8 | | Abuse and Neglect Act,
or where the Department of Human | 9 | | Services Office of Inspector General is the petitioner, | 10 | | consistent with Section 45 of the Abuse of Adults with | 11 | | Disabilities Intervention Act, no guardian ad litem or legal | 12 | | fees shall be assessed against the Office of
State Guardian, | 13 | | the elder abuse provider agency, or the Department of Human | 14 | | Services Office of Inspector General.
| 15 | | (d) The hearing may be held at such convenient place as the | 16 | | court directs,
including at a facility in which the respondent | 17 | | resides.
| 18 | | (e) Unless he is the petitioner, the respondent shall be | 19 | | personally
served with a copy of the petition and a summons not | 20 | | less than 14 days
before the hearing.
The summons shall be | 21 | | printed in large, bold type and shall include the
following | 22 | | notice:
| 23 | | NOTICE OF RIGHTS OF RESPONDENT
| 24 | | You have been named as a respondent in a guardianship | 25 | | petition asking that
you be declared a disabled person. If the | 26 | | court grants the petition, a
guardian will be appointed for |
| | | HB1591 Engrossed | - 25 - | LRB097 07036 KTG 47129 b |
|
| 1 | | you. A copy of the guardianship petition is
attached for your | 2 | | convenience.
| 3 | | The date and time of the hearing are:
| 4 | | The place where the hearing will occur is:
| 5 | | The Judge's name and phone number is:
| 6 | | If a guardian is appointed for you, the guardian may be | 7 | | given the right to
make all
important personal decisions for | 8 | | you, such as where you may live, what medical
treatment you may | 9 | | receive, what places you may visit, and who may visit you. A
| 10 | | guardian may also be given the right to control and manage your | 11 | | money and other
property, including your home, if you own one. | 12 | | You 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 Engrossed | - 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 | 4 | | want to be there.
If you do not attend, the Judge may appoint a | 5 | | guardian if the Judge finds that
a guardian would be of benefit | 6 | | to you. The hearing will not be postponed or
canceled if you do | 7 | | not attend.
| 8 | | IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO | 9 | | NOT WANT A
GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE | 10 | | PERSON NAMED IN THE GUARDIANSHIP
PETITION TO BE YOUR GUARDIAN. | 11 | | IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY
OTHER | 12 | | PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND | 13 | | TELL THE
JUDGE.
| 14 | | Service of summons and the petition may be made by a | 15 | | private person 18
years
of
age or over who is not a party to the | 16 | | action.
| 17 | | (f) Notice of the time and place of the hearing shall be | 18 | | given by the
petitioner by mail or in person to those persons, | 19 | | including the proposed
guardian, whose names and addresses
| 20 | | appear in the petition and who do not waive notice, not less | 21 | | than 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 | 24 | | becoming law.
|
|