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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 5/4-310
(405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310)
Sec. 4-310.
At least once annually the client shall be evaluated to determine
his need for continued residential services. If need for continued residence
is indicated, the facility director of the facility shall consult with the
person who made application for the admission and shall request authorization
for continued residence of the client. The request and authorization shall
be noted in the client's record.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-311
(405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311)
Sec. 4-311.
(a) A person with a developmental disability may be temporarily
admitted to a facility for respite care intended for the benefit of the parent
or guardian, or in the event of a crisis, care where immediate temporary
residential services are necessary, upon application by a person empowered to
make application for administrative admission, if the facility director
determines that the individual is suitable for temporary admission. The
application shall describe the person's developmental disability and shall
conform with the provisions of paragraph (a) of Section 4-301.
(b) A temporary admission may continue for not more than 30 days. A client
admitted on a temporary basis shall be provided with such services as are
determined by mutual agreement between the facility director, the client,
and the person executing the application.
(c) Upon temporary admission, a clear written statement and oral explanation
of the objection procedure shall be given to the client if he is 12 years
of age or older. Within 3 days of a temporary admission, notice of the
admission and an explanation of the objection procedure shall be sent to
the persons specified in Section 4-206. An objection to temporary admission
may be made and heard in the same manner as an objection to administrative
admission.
(Source: P.A. 88-380.)
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405 ILCS 5/4-312
(405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312)
Sec. 4-312.
(a) If the facility director of a Department facility declines
to admit a person seeking administrative or temporary admission under this
Article, a review of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability. Whenever admission to a Department facility is
denied, the person seeking admission shall immediately be given written notice
of the right to request review of the denial under this Section. A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial. Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.
(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission. If the utilization review committee finds that the decision
denying admission is based upon substantial evidence, it shall recommend
that the denial of admission be upheld. However, if it finds that the facility
to which admission is sought can provide adequate and appropriate habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.
(Source: P.A. 88-380.)
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405 ILCS 5/Ch. IV Art. IV
(405 ILCS 5/Ch. IV Art. IV heading)
ARTICLE IV. EMERGENCY ADMISSION
OF PERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-400
(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
Sec. 4-400.
(a) A person 18 years of age or older may be admitted on an
emergency basis to a facility under this Article if the facility director
of the facility determines: (1) that he is a person with an intellectual disability; (2) that he is
reasonably expected to inflict serious physical harm upon himself or another
in the near future; and (3) that immediate admission is necessary to prevent
such harm.
(b) Persons with a developmental disability under 18 years of age and
persons with a developmental disability 18 years of age or over who are under
guardianship or who are seeking admission on their own behalf may be admitted
for emergency care under Section 4-311.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-401
(405 ILCS 5/4-401) (from Ch. 91 1/2, par. 4-401)
Sec. 4-401.
A petition for emergency admission may be submitted
to the facility director of a facility by any interested person 18 years
of age or older. The petition shall include a detailed statement of the
basis for the assertion that the respondent meets the criteria of
Section 4-400 including a description of any act or significant threat
supporting the assertion; the name and address of the spouse, parent,
guardian, and close relative or, if none, any known friend of the
respondent; a statement of the petitioner's relationship to the
respondent and interest in the matter; the name, address and phone
number of any witness by which the facts asserted may be proved. The
petition may be prepared by the facility director of a facility.
(Source: P.A. 81-1509.)
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405 ILCS 5/4-402
(405 ILCS 5/4-402) (from Ch. 91 1/2, par. 4-402)
Sec. 4-402.
Examination; certificate.
(a) No person may be detained at a facility for more than 24 hours
pending admission under this Article unless within that time a clinical
psychologist, clinical social worker, or physician examines the respondent
and certifies that he meets the standard for emergency admission.
(b) The certificate shall contain the examiner's observations, other factual
information relied upon, and a statement as to whether the respondent was
advised of his rights under Section 4-503. If no certificate is executed,
the respondent shall be released immediately.
(Source: P.A. 87-530.)
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405 ILCS 5/4-403
(405 ILCS 5/4-403) (from Ch. 91 1/2, par. 4-403)
Sec. 4-403.
Upon receipt of a petition and certificate prepared pursuant
to this Article, a peace officer shall take a respondent into custody and
transport him to a developmental disabilities facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-404
(405 ILCS 5/4-404) (from Ch. 91 1/2, par. 4-404)
Sec. 4-404.
A peace officer may take a person into custody and transport
him to a facility when, as a result of his personal observation, the peace
officer has reasonable grounds to believe that the person meets the standard
for emergency admission. Upon arrival at the facility, the peace officer
shall complete a petition for emergency admission.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-405
(405 ILCS 5/4-405) (from Ch. 91 1/2, par. 4-405)
Sec. 4-405.
When, as a result of personal observation and testimony
in open court, any court has reasonable grounds to believe that a person
appearing before it meets the standard for emergency admission, the court
may enter an order for the temporary detention and examination of such person.
The order shall set forth in detail the facts which are the basis for the
court's conclusion. The court may order a peace officer to take the person
into custody and transport him to a facility. The person may be detained
for examination for no more than 24 hours. If a petition and certificate,
as provided in this Article, are executed within the 24 hours, the person
may be admitted and the provisions of this Article shall apply. If no petition
or certificate is executed, the person shall be released.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-406
(405 ILCS 5/4-406) (from Ch. 91 1/2, par. 4-406)
Sec. 4-406.
Within 12 hours after admission, the respondent shall be given
a copy of the petition and an explanation of his hearing rights under Article
VI of this Chapter. Within 24 hours after admission, excluding Saturdays,
Sundays and holidays, a copy of the petition shall be given personally or
mailed to the persons specified in Section 4-206. The respondent shall
be allowed to complete no fewer than 2 telephone calls at the time of his
admission to such persons as he chooses.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-407
(405 ILCS 5/4-407) (from Ch. 91 1/2, par. 4-407)
Sec. 4-407.
(a) Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file with the court 2 copies of the petition and certificate
and proof of service of the petition and the explanation of rights.
(b) Upon admission under this Article, the respondent shall be evaluated
pursuant to the provisions of paragraph (b) of Section 4-300. A report
of the evaluation prepared pursuant to Section 4-301 shall be filed with
the court not more than 7 days after the admission. Upon receipt of the
report, the court shall set a hearing pursuant to Section 4-505 to determine
whether the respondent meets the standard for judicial admission.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-408
(405 ILCS 5/4-408) (from Ch. 91 1/2, par. 4-408)
Sec. 4-408.
A respondent admitted on an emergency basis shall receive
habilitation appropriate to his condition. However, the respondent shall
be informed of his right to refuse medication and if he refuses, medication
shall not be given unless it is necessary to prevent the respondent from
causing serious harm to himself or others. The facility shall record what
habilitation is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. V
(405 ILCS 5/Ch. IV Art. V heading)
ARTICLE V. JUDICIAL ADMISSION FOR PERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-500
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
Sec. 4-500.
A person 18 years of age or older may be admitted to a facility
upon court order under this Article if the court determines: (1) that he is
a person with an intellectual disability; and (2) that he is reasonably expected to inflict serious
physical harm upon himself or another in the near future.
(Source: P.A. 99-143, eff. 7-27-15.)
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405 ILCS 5/4-501
(405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501)
Sec. 4-501.
Petition; certificate.
(a) Any person 18 years of age or older may file a petition with the
court asserting that the respondent meets the standard for judicial
admission as set out in Section 4-500. The petition shall be prepared
according to the form specified in Section 4-401. The court may inquire of
the petitioner whether there are reasonable grounds to believe that the
facts presented in the petition are true and whether the respondent meets
the standard for judicial admission.
(b) The petition may be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician indicating that the
respondent was examined not more than 72 hours prior to the filing of the
petition and certifying that he meets the standard for judicial admission.
The certificate shall also set out the examiner's observations, other
factual information relied upon, and a statement as to whether the
respondent was advised of his rights under Section 4-210.
(Source: P.A. 87-530.)
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405 ILCS 5/4-502
(405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502)
Sec. 4-502.
Orders; examination; setting for hearing.
(a) When no certificate is filed with the petition, if the
court finds that the petition is in order and that there is a valid
reason why no certificate has been filed, it may make any orders as are
necessary to provide for an examination of the respondent by a clinical
psychologist, clinical social worker, or physician. If, as a result of the
examination, a certificate is executed, the certificate shall be promptly
filed with the court.
(b) When a certificate is filed with the petition or is filed pursuant
to this Section, if the court finds that the documents are in order, it may
make any orders as are necessary to provide for a diagnostic evaluation
of the respondent pursuant to paragraph (b) of Section 4-300 of this Chapter.
(c) Upon receipt of the diagnostic report prepared pursuant to Section
4-301, the court shall set the matter for hearing pursuant to Section 4-505.
(Source: P.A. 87-530.)
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405 ILCS 5/4-503
(405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503)
Sec. 4-503.
A copy of the petition, any order for examination or evaluation,
and a statement of the respondent's hearing rights under Article VI of this
Chapter shall be personally served upon the respondent and shall be given
or mailed to the persons specified in Section 4-206 at least 24 hours before
the court ordered examination or evaluation.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-504
(405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504)
Sec. 4-504.
The respondent shall be permitted to remain in his place of
residence pending any examination for certification or diagnostic evaluation.
He may be accompanied by one or more of his relatives or friends or by his
attorney to the place of examination. If, however, the court finds that
it is necessary in order to complete the examination the court may order
that the person be admitted to a developmental disabilities facility pending
examination and may order a peace officer or other person to transport him
there. Whenever possible the examination shall be conducted at a local developmental
disabilities facility. No person may be detained for examination for certification
for more than 24 hours and for a diagnostic evaluation for more than 7 days.
(Source: P.A. 80-1414.)
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