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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/4-100
(405 ILCS 5/4-100) (from Ch. 91 1/2, par. 4-100)
Sec. 4-100.
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who meet the standard for judicial admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VI of this Chapter may be instituted as to any such inmate at any time within
90 days prior to discharge of such inmate by expiration of sentence or otherwise,
and if such inmate is found to meet the standard for judicial admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-101
(405 ILCS 5/4-101) (from Ch. 91 1/2, par. 4-101)
Sec. 4-101.
The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
in their respective counties, shall attend such proceedings either in person
or by assistant, and shall ensure that petitions, reports and orders are
properly prepared. Nothing herein contained shall prevent any party from
being represented by his own counsel.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. II
(405 ILCS 5/Ch. IV Art. II heading)
ARTICLE II.
GENERAL PROVISIONS
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405 ILCS 5/4-200
(405 ILCS 5/4-200) (from Ch. 91 1/2, par. 4-200)
Sec. 4-200.
(a) A person with a developmental disability may be admitted to a
facility for residential and habilitation services 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, as now or hereafter
amended. A person transferred by the Department of Corrections in this manner
may be released only as provided in the Unified Code of Corrections.
(b) Persons shall be admitted to Department facilities based on an
assessment of their current individual needs and not solely on the basis of
inclusion in a particular diagnostic category, identification by subaverage
intelligence test score, or consideration of a past history of hospitalization
or residential placement.
(c) In all cases, the Department shall provide services to persons
identified as having a developmental disability in the least
restrictive environment as required by subsection (a) of Section 2-102 of this
Code.
(d) Except as provided in Article VI of this Chapter, nothing in this
Chapter shall govern or prohibit the admission of a person with a developmental
disability to nonresidential services.
(Source: P.A. 88-380; 89-439, eff. 6-1-96.)
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405 ILCS 5/4-201
(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
Sec. 4-201.
(a) A person with an intellectual disability shall not reside in a Department
mental health facility unless the person is evaluated and is determined to be a
person with mental illness and the facility director determines that
appropriate treatment and habilitation are available and will be provided
to such person on the unit. In all such cases the Department mental health
facility director shall certify in writing within 30 days of the completion
of the evaluation and every 30 days thereafter, that the person has been
appropriately evaluated, that services specified in the treatment and
habilitation plan are being provided, that the setting in which services
are being provided is appropriate to the person's needs, and that
provision of such services fully complies with all applicable federal
statutes and regulations concerning the provision of services to persons with
a developmental disability. Those regulations shall include, but not be
limited to the regulations which govern the provision of services to persons
with a developmental disability in facilities certified under the Social
Security Act for federal financial participation, whether or not the facility
or portion thereof in which the recipient has been placed is presently
certified under the Social Security Act or would be eligible for such
certification under applicable federal regulations. The certifications shall be
filed in the recipient's record and with the office of the Secretary of the Department. A copy of the certification shall be given to
the person, an attorney or advocate who is representing the person and the
person's guardian.
(b) Any person admitted to a Department mental health facility who is
reasonably suspected of having a mild or moderate intellectual disability,
including those who also have a mental illness, shall be evaluated by a
multidisciplinary team which includes a qualified intellectual disabilities
professional designated by the Department facility director. The evaluation
shall be consistent with Section 4-300 of Article III in this Chapter, and
shall include: (1) a written assessment of whether the person needs a
habilitation plan and, if so, (2) a written habilitation
plan consistent
with Section 4-309, and (3) a written determination whether the admitting
facility is capable of providing the specified habilitation services. This
evaluation shall occur within a reasonable period of time, but in no case
shall that period exceed 14 days after admission. In all events, a
treatment plan shall be prepared for the person within 3 days of admission,
and reviewed and updated every 30 days, consistent with Section 3-209 of
this Code.
(c) Any person admitted to a Department mental health facility with an
admitting diagnosis of a severe or profound intellectual disability shall be
transferred to an appropriate facility or unit for persons with a
developmental disability within 72 hours of admission unless transfer is
contraindicated by the person's medical condition documented by appropriate
medical personnel. Any person diagnosed with a severe or profound intellectual disability while in a Department mental health facility shall be transferred to
an appropriate facility or unit for persons with a developmental disability
within 72 hours of such diagnosis unless transfer is contraindicated by the
person's medical condition documented by appropriate medical personnel.
(d) The Secretary of the Department shall designate a
qualified intellectual disabilities professional in each of its mental health facilities who has
responsibility for insuring compliance with the provisions of Sections
4-201 and 4-201.1.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-201.1
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 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.)
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405 ILCS 5/4-202
(405 ILCS 5/4-202) (from Ch. 91 1/2, par. 4-202)
Sec. 4-202.
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 5/4-203
(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)
Sec. 4-203.
(a) Every developmental disabilities facility shall maintain
adequate records which shall include the Section of this Act under which
the client was admitted, any subsequent change in the client's status, and
requisite documentation for such admission and status.
(b) The Department shall ensure that a monthly report is maintained
for each Department mental health facility, and each unit of a Department
developmental disability facility for dually diagnosed persons, which lists
(1) initials of persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed persons of
Department developmental disability facility during that month with a
primary or secondary diagnosis of intellectual disability, (2) the date and
facility and unit of admission or continuing, care, (3) the legal admission
status, (4) the recipient's diagnosis, (5) the date and facility and unit
of transfer or discharge, (6) whether or not there is a public or private
guardian, (7) whether the facility director has certified that appropriate
treatment and habilitation are available for and being provided to such
person pursuant to Section 4-203 of this Chapter, and (8) whether the
person or a guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review. The Secretary of the
Department
shall furnish a copy of each monthly report upon request to the
Guardianship and Advocacy Commission and 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 certain Acts therein named", approved September 20, 1985, and
under Section 1 of "An Act for the protection and advocacy of mentally ill
persons", approved September 20, 1987.
(c) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any developmental disabilities facility to
determine the qualifications of persons permitted to admit clients to such
facility. This subsection shall not affect or limit the powers of any court
to order admission to a developmental disabilities facility as set forth
in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.)
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405 ILCS 5/4-204
(405 ILCS 5/4-204) (from Ch. 91 1/2, par. 4-204)
Sec. 4-204.
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 5/4-205
(405 ILCS 5/4-205) (from Ch. 91 1/2, par. 4-205)
Sec. 4-205.
Whenever a statement or explanation is required to be given
to the persons specified in Section 4-206, every effort shall be made to
furnish such statement or explanation in a comprehensible language and in
a manner calculated to ensure understanding. 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 person providing
it shall be noted in the client's record. This Section does not apply to
copies of petitions and court orders.
(Source: P.A. 82-205.)
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405 ILCS 5/4-206
(405 ILCS 5/4-206) (from Ch. 91 1/2, par. 4-206)
Sec. 4-206.
Unless otherwise indicated, whenever notice is required under
this Chapter, it shall be given pursuant to this Section. If a client is
under 18 years of age, notice shall be given to his parent, guardian or
person in loco parentis. If the client is 18 years of age or older, notice
shall be given to the client, his guardian, if any, and any 2 other persons
whom the client may designate. If the client is 18 or older but lacks sufficient
capacity to understand and consent to the designation of persons to receive notice,
notice shall also be sent to his nearest adult relative.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-207
(405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207)
Sec. 4-207.
(a) Six months prior to the eighteenth birthday of a client
who is resident in a facility, the client shall be evaluated by the facility
to determine whether he has the capacity to consent to administrative admission.
If the client does not have such capacity or otherwise requires a guardian,
his parent or another interested person shall be so notified and requested
to file a petition for the appointment of a guardian. If no petition is
filed, the facility director of the facility shall file such a petition.
(b) Six months prior to the eighteenth birthday of a client who is receiving
nonresidential services provided by or under contract with the Department,
the client's parent or another interested person shall be notified by the
facility providing the services or by the Department of the possible need
and procedures for the appointment of a guardian. If such person so requests,
the client shall be evaluated by the facility or the Department for the
purpose of determining whether he requires a guardian and a report of the
evaluation shall be provided to such person. If the report indicates that
the client requires a guardian but no petition is filed by the time the
client reaches 18, the facility or the Department shall file such a petition.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-208
(405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208)
Sec. 4-208.
Whenever a person is admitted, is denied admission, or objects
to admission to a facility and whenever a client is notified that he is
to be transferred or discharged or that his legal status is to
be changed, the facility director of the facility shall provide the persons
specified in Section 4-206 with the address and phone number of the
Guardianship and Advocacy Commission. If any person so notified requests, the
facility director shall assist him in contacting the Commission.
(Source: P.A. 85-1247.)
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405 ILCS 5/4-209
(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
Sec. 4-209.
(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709
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 multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients. At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.
(b) The utilization review 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. It may administer oaths and compel by
subpoena testimony and the production of records. A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client'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 client and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor. If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility 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 review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review. The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure. The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.
(Source: P.A. 97-227, eff. 1-1-12.)
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