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(405 ILCS 5/4-201.1)
(from Ch. 91 1/2, par. 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.)