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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. III Art. II
(405 ILCS 5/Ch. III Art. II heading)
ARTICLE II.
GENERAL PROVISIONS
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405 ILCS 5/3-200
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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, | | prosecution or disciplinary action against the employee; or
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| (2) until the Department of Human Services Office of
| | Inspector General independently determines that the allegation or allegations against the employee will be unsubstantiated or unfounded in the Office of Inspector General's final investigative report.
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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
(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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