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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 5/4-209

    (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.)

405 ILCS 5/4-210

    (405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
    Sec. 4-210. Whenever a petition has been executed pursuant to Sections 4-401 or 4-501, and prior to the examination for the purpose of certification, the person conducting this examination shall inform the person being examined in a simple comprehensible manner: that he is entitled to consult with a relative, friend, or attorney before the examination and that an attorney will be appointed for him if he desires; that he will be evaluated to determine if he meets the standard for judicial or emergency admission; that he does not have to talk to the examiner; and that any statement made by him may be disclosed at a court hearing on the issue of whether he meets the standard for judicial admission. If the respondent is not so informed, the examiner shall not be permitted to testify at any subsequent court hearing concerning the respondent's admission.
(Source: P.A. 91-357, eff. 7-29-99.)

405 ILCS 5/4-211

    (405 ILCS 5/4-211)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 4-211. Sex education for persons admitted to a developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse. The person receiving habilitation shall be assessed:
        (1) on whether he or she has decision making capacity
    
to give consent to sexual activity; and
        (2) for developmentally appropriate sex education
    
materials and resources.
    As part of the assessments, consideration shall be given to medical, psychological, and psycho-social evaluations. The person's decision making capacity to consent to sexual activity and the developmentally appropriate sex education materials and resources shall be determined by the treatment team that includes the individual, professionals who have knowledge of the individual, and the individual's guardian, if appointed. Guardian decision making shall be made in accordance with the court order of appointment and the standards of decision making established by Section 11a-17 of the Probate Act of 1975. The Department shall approve course material in sex education. Course material and instruction in sex education shall:
        (A) be appropriate to the developmental disability of
    
the recipient;
        (B) present identity as a part of mature adulthood;
        (C) replicate evidence-based programs or
    
substantially incorporate elements of evidence-based programs;
        (D) place substantial emphasis on the prevention of
    
pregnancy and sexually transmitted infections and diseases and shall stress that abstinence is the ensured method of avoiding unintended pregnancy and sexually transmitted infections and diseases, including HIV/AIDS;
        (E) include a discussion of the possible emotional
    
and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy;
        (F) stress that sexually transmitted infections and
    
diseases are serious possible health hazards of unwanted pregnancy;
        (G) provide information on the use or effectiveness
    
of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted infections and diseases;
        (H) teach recipients to avoid behavior that could be
    
interpreted as unwanted sexual advances, and how to reject unwanted sexual advances; and
        (I) explain signs of possible dangers from potential
    
predators.
    The Department may not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20.)

405 ILCS 5/Ch. IV Art. III

 
    (405 ILCS 5/Ch. IV Art. III heading)
ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 5/4-300

    (405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300)
    Sec. 4-300. (a) No person may be administratively admitted to any facility including Chester Mental Health Center, unless an adequate diagnostic evaluation of his current condition has been conducted to determine his suitability for admission. Prior to an administrative admission, the person may be admitted to a facility for not more than 14 days for such evaluation.
    (b) The evaluation shall include current psychological, physical, neurological, social, educational or vocational, and developmental evaluations. It shall be conducted under the supervision of qualified professionals including at least one physician and either one clinical psychologist or one clinical social worker. Any tests which require language familiarity shall be conducted in the person's primary language.
(Source: P.A. 89-439, eff. 6-1-96.)

405 ILCS 5/4-301

    (405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301)
    Sec. 4-301. Report and recommendation.
    (a) A report of the evaluation results shall include a description of the person's disability and need for services, if any; a description of the methods of evaluation used; an evaluation of the ability of the family to meet the needs of the person and a recommendation as to the supportive services the family may need; a recommendation as to the least restrictive living arrangement appropriate for the person; and the names and positions of the persons who conducted the evaluations.
    (b) The report shall be signed by at least one clinical psychologist or clinical social worker and one physician who have personally examined the person to be admitted. If the report does not recommend admission to a residential facility or to the facility to which admission is sought, a written explanation of the reasons therefor shall be included. A summary of the report shall be given to the person who executed the application.
(Source: P.A. 87-530.)

405 ILCS 5/4-302

    (405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)
    Sec. 4-302. A person with a developmental disability may be administratively admitted to a facility upon application if the facility director of the facility determines that he is suitable for admission. A person 18 years of age or older, if he has the capacity, or his guardian, if he is authorized by the guardianship order of the Circuit Court, may execute an application for administrative admission. Application may be executed for a person under 18 years of age by his parent, guardian, or person in loco parentis.
(Source: P.A. 88-380.)

405 ILCS 5/4-303

    (405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303)
    Sec. 4-303. (a) The application shall include the name and address of the person to be admitted; the name and address of his spouse, nearest adult relative, and guardian, or if none, friend; the name and address of the person executing the application and his relationship to the person to be admitted; and a short statement explaining the reason for the application.
    (b) The application form shall contain in large type and simple language the substance of Sections 4-302, 4-305, 4-306 and 4-700. The rights set forth in the application shall be explained to the person to be admitted if he is 12 or older and to the person who executed the application.
(Source: P.A. 80-1414.)

405 ILCS 5/4-304

    (405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304)
    Sec. 4-304. A person may be admitted pursuant to the recommendation of the diagnostic report. At the time of admission, a clear written statement and oral explanation of the procedures for discharge, transfer and objection to admission shall be given to the person if he is 12 years of age or older and to the person who executed the application. Within 3 days of the admission, notice of the admission and an explanation of the objection procedure shall be sent or given to the persons specified in Section 4-206.
(Source: P.A. 80-1414.)

405 ILCS 5/4-305

    (405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305)
    Sec. 4-305. (a) Any interested person on behalf of a client or a client himself if he is 12 years of age or older may object to an administrative, diagnostic or temporary admission under this Article. An objection may be made at any time following the admission, but once an objection has been heard, no subsequent objection may be made for 6 months without leave of the court.
    (b) An objection shall be submitted in writing to the facility director of the facility.
(Source: P.A. 80-1414.)