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Illinois Compiled Statutes
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/Ch. II Art. II
(405 ILCS 5/Ch. II Art. II heading)
ARTICLE II.
PROCEDURES
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405 ILCS 5/2-200
(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
(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 | | or under guardianship, his parent or guardian;
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(2) a person designated under subsection (b) of
| | Section 2-200 upon commencement of services or at any later time to receive such notice;
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(3) the facility director;
(4) the Guardianship and Advocacy Commission, or the
| | agency designated under "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, if either is so designated; and
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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
(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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