Illinois General Assembly - Full Text of Public Act 097-0375
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Public Act 097-0375


 

Public Act 0375 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0375
 
HB1591 EnrolledLRB097 07036 KTG 47129 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-107.1,
3-101, 3-400, 3-751, 3-800, 3-801, and 3-801.5 and by adding
Section 3-401.1 as follows:
 
    (405 ILCS 5/2-107.1)  (from Ch. 91 1/2, par. 2-107.1)
    Sec. 2-107.1. Administration of psychotropic medication
and electroconvulsive therapy upon application to a court.
    (a) (Blank).
    (a-5) Notwithstanding the provisions of Section 2-107 of
this Code, psychotropic medication and electroconvulsive
therapy may be administered to an adult recipient of services
on an inpatient or outpatient basis without the informed
consent of the recipient under the following standards:
        (1) Any person 18 years of age or older, including any
    guardian, may petition the circuit court for an order
    authorizing the administration of psychotropic medication
    and electroconvulsive therapy to a recipient of services.
    The petition shall state that the petitioner has made a
    good faith attempt to determine whether the recipient has
    executed a power of attorney for health care under the
    Powers of Attorney for Health Care Law or a declaration for
    mental health treatment under the Mental Health Treatment
    Preference Declaration Act and to obtain copies of these
    instruments if they exist. If either of the above-named
    instruments is available to the petitioner, the instrument
    or a copy of the instrument shall be attached to the
    petition as an exhibit. The petitioner shall deliver a copy
    of the petition, and notice of the time and place of the
    hearing, to the respondent, his or her attorney, any known
    agent or attorney-in-fact, if any, and the guardian, if
    any, no later than 3 days prior to the date of the hearing.
    Service of the petition and notice of the time and place of
    the hearing may be made by transmitting them via facsimile
    machine to the respondent or other party. Upon receipt of
    the petition and notice, the party served, or the person
    delivering the petition and notice to the party served,
    shall acknowledge service. If the party sending the
    petition and notice does not receive acknowledgement of
    service within 24 hours, service must be made by personal
    service.
        The petition may include a request that the court
    authorize such testing and procedures as may be essential
    for the safe and effective administration of the
    psychotropic medication or electroconvulsive therapy
    sought to be administered, but only where the petition sets
    forth the specific testing and procedures sought to be
    administered.
        If a hearing is requested to be held immediately
    following the hearing on a petition for involuntary
    admission, then the notice requirement shall be the same as
    that for the hearing on the petition for involuntary
    admission, and the petition filed pursuant to this Section
    shall be filed with the petition for involuntary admission.
        (2) The court shall hold a hearing within 7 days of the
    filing of the petition. The People, the petitioner, or the
    respondent shall be entitled to a continuance of up to 7
    days as of right. An additional continuance of not more
    than 7 days may be granted to any party (i) upon a showing
    that the continuance is needed in order to adequately
    prepare for or present evidence in a hearing under this
    Section or (ii) under exceptional circumstances. The court
    may grant an additional continuance not to exceed 21 days
    when, in its discretion, the court determines that such a
    continuance is necessary in order to provide the recipient
    with an examination pursuant to Section 3-803 or 3-804 of
    this Act, to provide the recipient with a trial by jury as
    provided in Section 3-802 of this Act, or to arrange for
    the substitution of counsel as provided for by the Illinois
    Supreme Court Rules. The hearing shall be separate from a
    judicial proceeding held to determine whether a person is
    subject to involuntary admission but may be heard
    immediately preceding or following such a judicial
    proceeding and may be heard by the same trier of fact or
    law as in that judicial proceeding.
        (3) Unless otherwise provided herein, the procedures
    set forth in Article VIII of Chapter 3 of this Act,
    including the provisions regarding appointment of counsel,
    shall govern hearings held under this subsection (a-5).
        (4) Psychotropic medication and electroconvulsive
    therapy may be administered to the recipient if and only if
    it has been determined by clear and convincing evidence
    that all of the following factors are present. In
    determining whether a person meets the criteria specified
    in the following paragraphs (A) through (G), the court may
    consider evidence of the person's history of serious
    violence, repeated past pattern of specific behavior,
    actions related to the person's illness, or past outcomes
    of various treatment options.
            (A) That the recipient has a serious mental illness
        or developmental disability.
            (B) That because of said mental illness or
        developmental disability, the recipient currently
        exhibits any one of the following: (i) deterioration of
        his or her ability to function, as compared to the
        recipient's ability to function prior to the current
        onset of symptoms of the mental illness or disability
        for which treatment is presently sought, (ii)
        suffering, or (iii) threatening behavior.
            (C) That the illness or disability has existed for
        a period marked by the continuing presence of the
        symptoms set forth in item (B) of this subdivision (4)
        or the repeated episodic occurrence of these symptoms.
            (D) That the benefits of the treatment outweigh the
        harm.
            (E) That the recipient lacks the capacity to make a
        reasoned decision about the treatment.
            (F) That other less restrictive services have been
        explored and found inappropriate.
            (G) If the petition seeks authorization for
        testing and other procedures, that such testing and
        procedures are essential for the safe and effective
        administration of the treatment.
        (5) In no event shall an order issued under this
    Section be effective for more than 90 days. A second 90-day
    period of involuntary treatment may be authorized pursuant
    to a hearing that complies with the standards and
    procedures of this subsection (a-5). Thereafter,
    additional 180-day periods of involuntary treatment may be
    authorized pursuant to the standards and procedures of this
    Section without limit. If a new petition to authorize the
    administration of psychotropic medication or
    electroconvulsive therapy is filed at least 15 days prior
    to the expiration of the prior order, and if any
    continuance of the hearing is agreed to by the recipient,
    the administration of the treatment may continue in
    accordance with the prior order pending the completion of a
    hearing under this Section.
        (6) An order issued under this subsection (a-5) shall
    designate the persons authorized to administer the
    treatment under the standards and procedures of this
    subsection (a-5). Those persons shall have complete
    discretion not to administer any treatment authorized
    under this Section. The order shall also specify the
    medications and the anticipated range of dosages that have
    been authorized and may include a list of any alternative
    medications and range of dosages deemed necessary.
    (a-10) The court may, in its discretion, appoint a guardian
ad litem for a recipient before the court or authorize an
existing guardian of the person to monitor treatment and
compliance with court orders under this Section.
    (b) A guardian may be authorized to consent to the
administration of psychotropic medication or electroconvulsive
therapy to an objecting recipient only under the standards and
procedures of subsection (a-5).
    (c) Notwithstanding any other provision of this Section, a
guardian may consent to the administration of psychotropic
medication or electroconvulsive therapy to a non-objecting
recipient under Article XIa of the Probate Act of 1975.
    (d) Nothing in this Section shall prevent the
administration of psychotropic medication or electroconvulsive
therapy to recipients in an emergency under Section 2-107 of
this Act.
    (e) Notwithstanding any of the provisions of this Section,
psychotropic medication or electroconvulsive therapy may be
administered pursuant to a power of attorney for health care
under the Powers of Attorney for Health Care Law or a
declaration for mental health treatment under the Mental Health
Treatment Preference Declaration Act.
    (f) The Department shall conduct annual trainings for
physicians and registered nurses working in State-operated
mental health facilities on the appropriate use of psychotropic
medication and electroconvulsive therapy, standards for their
use, and the preparation of court petitions under this Section.
(Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.)
 
    (405 ILCS 5/3-101)  (from Ch. 91 1/2, par. 3-101)
    Sec. 3-101. (a) The State's Attorneys of the several
counties shall represent the people of the State of Illinois in
court proceedings under this Chapter and in proceedings under
Section 2-107.1 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, including any
petitioner, from being represented by his own counsel.
    (b) Any community mental health provider or inpatient
mental health facility, including hospitals operated by the
Department, may be represented by counsel in court proceedings
under this Chapter if they are providing services or funding
for services to the respondent, or if an order by the court
directing said entity to provide services or funding for
services to the respondent is being sought by any party.
(Source: P.A. 89-439, eff. 6-1-96.)
 
    (405 ILCS 5/3-400)  (from Ch. 91 1/2, par. 3-400)
    Sec. 3-400. Voluntary admission to mental health facility.
    (a) Any person 16 or older, including a person adjudicated
a disabled person, may be admitted to a mental health facility
as a voluntary recipient for treatment of a mental illness upon
the filing of an application with the facility director of the
facility if the facility director determines and documents in
the recipient's medical record that the person (1) is
clinically suitable for admission as a voluntary recipient and
(2) has the capacity to consent to voluntary admission.
    (b) For purposes of consenting to voluntary admission, a
person has the capacity to consent to voluntary admission if,
in the professional judgment of the facility director or his or
her designee, the person is able to understand that:
        (1) He or she is being admitted to a mental health
    facility.
        (2) He or she may request discharge at any time. The
    request must be in writing, and discharge is not automatic.
        (3) Within 5 business days after receipt of the written
    request for discharge, the facility must either discharge
    the person or initiate commitment proceedings.
    (c) No mental health facility shall require the completion
of a petition or certificate as a condition of accepting the
admission of a recipient who is being transported to that
facility from any other inpatient or outpatient healthcare
facility if the recipient has completed an application for
voluntary admission to the receiving facility pursuant to this
Section.
(Source: P.A. 96-612, eff. 1-1-10.)
 
    (405 ILCS 5/3-401.1 new)
    Sec. 3-401.1. Transportation to mental health facility.
Upon receipt of an application for admission prepared pursuant
to this Article, any licensed ambulance service may transport a
recipient to a mental health facility or from one mental health
facility to another. An ambulance service, acting in good faith
and without negligence in connection with the transportation of
recipients shall incur no liability, civil or criminal, by
reason of such transportation.
 
    (405 ILCS 5/3-751)
    Sec. 3-751. Involuntary admission; petition.
    (a) Any person 18 years of age or older may execute a
petition asserting that another person is subject to
involuntary admission on an outpatient basis. The petition
shall be prepared pursuant to paragraph (b) of Section 3-601
and shall be filed with the court in the county where the
respondent resides or is present.
    (b) The court may inquire of the petitioner whether there
are reasonable grounds to believe that the facts stated in the
petition are true and whether the respondent is subject to
involuntary admission on an outpatient basis.
    (c) A petition for involuntary admission on an outpatient
basis may be combined with or accompanied by a petition for
involuntary admission on an inpatient basis under Article VII.
    (d) Notwithstanding any other provision in this Chapter, a
petition may be filed under this Article prior to the
expiration of an agreed order for outpatient admission issued
pursuant to Section 3-801.5 of this Chapter, provided that the
recipient has refused to agree to an extension of the agreed
order as provided in subsection (g) of Section 3-801.5. The
filing of such a petition at least 5 days prior to the
expiration of such an agreed order shall continue the order in
effect pending the disposition of the petition.
    (e) A petition for involuntary outpatient commitment may be
filed pursuant to this Section concerning a person who has been
admitted to a mental health facility on an informal basis under
Section 3-300 of this Code or as a voluntary recipient under
Section 3-400 of this Code provided that such a person has a
documented history of illness and treatment demonstrating that
he or she is unlikely to continue to receive needed treatment
following release from informal or voluntary admission and that
an order for alternative treatment or for care and custody is
necessary in order to ensure continuity of treatment outside a
mental health facility. The filing of such a petition shall not
prevent the recipient from requesting and obtaining a discharge
pursuant to subsection (b) of Section 3-300 or Section 3-404,
nor shall it prevent the facility director from discharging the
recipient pursuant to Section 3-902 of this Code.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
    (405 ILCS 5/3-800)  (from Ch. 91 1/2, par. 3-800)
    Sec. 3-800. (a) Unless otherwise indicated, court hearings
under this Chapter shall be held pursuant to this Article.
Hearings shall be held in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental
health facility where the respondent is hospitalized. Any party
may request a change of venue or transfer to any other county
because of the convenience of parties or witnesses or the
condition of the respondent. The respondent may request to have
the proceedings transferred to the county of his residence.
    (b) If the court grants a continuance on its own motion or
upon the motion of one of the parties, the respondent may
continue to be detained pending further order of the court.
Such continuance shall not extend beyond 15 days except to the
extent that continuances are requested by the respondent.
    (c) Court hearings under this Chapter, including hearings
under Section 2-107.1, shall be open to the press and public
unless the respondent or some other party requests that they be
closed. The court may also indicate its intention to close a
hearing, including when it determines that the respondent may
be unable to make a reasoned decision to request that the
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by
a party or any other person. If an objection is made, the court
shall not close the hearing unless, following a hearing, it
determines that the patient's interest in having the hearing
closed is compelling. The court shall support its determination
with written findings of fact and conclusions of law. The court
shall not close the hearing if the respondent objects to its
closure. Whenever a court determines that a hearing shall be
closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the
parties involved in the hearing, court personnel, and any
person or agency providing mental health services that are the
subject of the hearing. Access may also be granted, however,
pursuant to the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act.
    (d) The provisions of subsection (a-5) of Section 6 of the
Rights of Crime Victims and Witnesses Act shall apply to the
initial commitment hearing, as provided under Section 5-2-4 of
the Unified Code of Corrections, for a respondent found not
guilty by reason of insanity of a violent crime in a criminal
proceeding and the hearing has been ordered by the court under
this Code to determine if the defendant is:
        (1) in need of mental health services on an inpatient
    basis;
        (2) in need of mental health services on an outpatient
    basis; or
        (3) not in need of mental health services.
    While the impact statement to the court allowed under this
subsection (d) may include the impact that the respondent's
criminal conduct has had upon the victim, victim's
representative, or victim's family or household member, the
court may only consider the impact statement along with all
other appropriate factors in determining the:
        (i) threat of serious physical harm posed by the
    respondent to himself or herself, or to another person;
        (ii) location of inpatient or outpatient mental health
    services ordered by the court, but only after complying
    with all other applicable administrative requirements,
    rules, and statutory requirements;
        (iii) maximum period of commitment for inpatient
    mental health services; and
        (iv) conditions of release for outpatient mental
    health services ordered by the court.
    (e) Notwithstanding the provisions of Section 2-1009 of the
Code of Civil Procedure, a respondent may object to a motion
for voluntary dismissal and the court may refuse to grant such
a dismissal for good cause shown.
(Source: P.A. 96-117, eff. 1-1-10.)
 
    (405 ILCS 5/3-801)  (from Ch. 91 1/2, par. 3-801)
    Sec. 3-801. A respondent may request admission as an
informal or voluntary recipient at any time prior to an
adjudication that he is subject to involuntary admission on an
inpatient or outpatient basis. The facility director shall
approve such a request unless the facility director determines
that the respondent lacks the capacity to consent to informal
or voluntary admission or that informal or voluntary admission
is clinically inappropriate. The director shall not find that
voluntary admission is clinically inappropriate in the absence
of a documented history of the respondent's illness and
treatment demonstrating that the respondent is unlikely to
continue to receive needed treatment following release from
informal or voluntary admission and that an order for
involuntary admission on an outpatient basis is necessary in
order to ensure continuity of treatment outside a mental health
facility.
    If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her
right to object thereto, if the petitioner has requested such
notification on that individual recipient. The court may
dismiss the pending proceedings, but shall consider any
objection made by either the petitioner, the respondent, or the
State's Attorney and may require proof that such dismissal is
in the best interest of the respondent and of the public. If
voluntary admission is accepted and the petition is dismissed
by the court, notice shall be provided to the petitioner,
orally and in writing, of his or her right to receive notice of
the recipient's discharge pursuant to Section 3-902(d).
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10;
96-1453, eff. 8-20-10.)
 
    (405 ILCS 5/3-801.5)
    Sec. 3-801.5. Agreed order for admission on an outpatient
basis.
    (a) At any time before the conclusion of the hearing and
the entry of the court's findings, a respondent may enter into
an agreement to be subject to an order for admission on an
outpatient basis as provided for in Sections 3-811, 3-812, and
3-813, and 3-815 of this Code, provided that:
        (1) The court and the parties have been presented with
    a written report pursuant to Section 3-810 of this Code
    containing a recommendation for court-ordered admission on
    an outpatient basis and setting forth in detail the
    conditions for such an order, and the court is satisfied
    that the proposal for admission on an outpatient basis is
    in the best interest of the respondent and of the public.
        (2) The court advises the respondent of the conditions
    of the proposed order in open court and is satisfied that
    the respondent understands and agrees to the conditions of
    the proposed order for admission on an outpatient basis.
        (3) The proposed custodian is advised of the
    recommendation for care and custody and agrees to abide by
    the terms of the proposed order.
        (4) No such order may require the respondent to be
    hospitalized except as provided in subsection (b) of this
    Section.
        (5) No order may include as one of its conditions the
    administration of psychotropic medication, unless the
    court determines, based on the documented history of the
    respondent's treatment and illness, that the respondent is
    unlikely to continue to receive needed psychotropic
    medication in the absence of such an order.
    (b) An agreed order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a
respondent to a hospital if the respondent fails to comply with
the conditions of the agreed order. If necessary in order to
obtain the hospitalization of the respondent, the custodian may
apply to the court for an order authorizing an officer of the
peace to take the respondent into custody and transport the
respondent to the hospital specified in the agreed order. The
provisions of Section 3-605 of this Code shall govern the
transportation of the respondent to a mental health facility,
except to the extent that those provisions are inconsistent
with this Section. However, a person admitted to a hospital
pursuant to powers granted under an agreed order for care and
custody shall be treated as a voluntary recipient pursuant to
Article IV of this Chapter and shall be advised immediately of
his or her right to request a discharge pursuant to Section
3-403 of this Code.
    (c) If the court has appointed counsel for the respondent
pursuant to Section 3-805 of this Code, that appointment shall
continue for the duration of any order entered under this
Section, and the respondent shall be represented by counsel in
any proceeding held pursuant to this Section.
    (d) An order entered under this Section shall not
constitute a finding that the respondent is subject to
involuntary admission on an inpatient or outpatient basis.
    (e) Nothing in this Section shall be deemed to create an
agency relationship between the respondent and any custodian
appointed pursuant to this Section.
    (f) Notwithstanding any other provision of Illinois law, no
respondent may be cited for contempt for violating the terms
and conditions of his or her agreed order of care and custody.
    (g) An order entered under this Section may be extended
with the agreement of the parties for additional 180-day
periods.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
 
    Section 10. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Section 11 as follows:
 
    (740 ILCS 110/11)  (from Ch. 91 1/2, par. 811)
    Sec. 11. Disclosure of records and communications. Records
and communications may be disclosed:
        (i) in accordance with the provisions of the Abused and
    Neglected Child Reporting Act, subsection (u) of Section 5
    of the Children and Family Services Act, or Section 7.4 of
    the Child Care Act of 1969;
        (ii) when, and to the extent, a therapist, in his or
    her sole discretion, determines that disclosure is
    necessary to initiate or continue civil commitment or
    involuntary treatment proceedings under the laws of this
    State or to otherwise protect the recipient or other person
    against a clear, imminent risk of serious physical or
    mental injury or disease or death being inflicted upon the
    recipient or by the recipient on himself or another;
        (iii) when, and to the extent disclosure is, in the
    sole discretion of the therapist, necessary to the
    provision of emergency medical care to a recipient who is
    unable to assert or waive his or her rights hereunder;
        (iv) when disclosure is necessary to collect sums or
    receive third party payment representing charges for
    mental health or developmental disabilities services
    provided by a therapist or agency to a recipient under
    Chapter V of the Mental Health and Developmental
    Disabilities Code or to transfer debts under the
    Uncollected State Claims Act; however, disclosure shall be
    limited to information needed to pursue collection, and the
    information so disclosed shall not be used for any other
    purposes nor shall it be redisclosed except in connection
    with collection activities;
        (v) when requested by a family member, the Department
    of Human Services may assist in the location of the
    interment site of a deceased recipient who is interred in a
    cemetery established under Section 26 100-26 of the Mental
    Health and Developmental Disabilities Administrative Act;
        (vi) in judicial proceedings under Article VIII of
    Chapter III and Article V of Chapter IV of the Mental
    Health and Developmental Disabilities Code and proceedings
    and investigations preliminary thereto, to the State's
    Attorney for the county or residence of a person who is the
    subject of such proceedings, or in which the person is
    found, or in which the facility is located, to the attorney
    representing the petitioner in the judicial proceedings,
    to the attorney representing the recipient in the judicial
    proceedings, to any person or agency providing mental
    health services that are the subject of the proceedings and
    to that person's or agency's attorney, to any court
    personnel, including but not limited to judges and circuit
    court clerks, and to a guardian ad litem if one has been
    appointed by the court. Information , provided that the
    information so disclosed under this subsection shall not be
    utilized for any other purpose nor be redisclosed except in
    connection with the proceedings or investigations. ; Copies
    of any records provided to counsel for a petitioner shall
    be deleted or destroyed at the end of the proceedings and
    counsel for petitioner shall certify to the court in
    writing that he or she has done so. At the request of a
    recipient or his or her counsel, the court shall issue a
    protective order insuring the confidentiality of any
    records or communications provided to counsel for a
    petitioner;
        (vii) when, and to the extent disclosure is necessary
    to comply with the requirements of the Census Bureau in
    taking the federal Decennial Census;
        (viii) when, and to the extent, in the therapist's sole
    discretion, disclosure is necessary to warn or protect a
    specific individual against whom a recipient has made a
    specific threat of violence where there exists a
    therapist-recipient relationship or a special
    recipient-individual relationship;
        (ix) in accordance with the Sex Offender Registration
    Act;
        (x) in accordance with the Rights of Crime Victims and
    Witnesses Act;
        (xi) in accordance with Section 6 of the Abused and
    Neglected Long Term Care Facility Residents Reporting Act;
    and
        (xii) in accordance with Section 55 of the Abuse of
    Adults with Disabilities Intervention Act.
    Any person, institution, or agency, under this Act,
participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure
of records and communications under this Section, shall have
immunity from any liability, civil, criminal or otherwise, that
might result by reason of such action. For the purpose of any
proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person,
institution, or agency so reporting or disclosing shall be
presumed.
(Source: P.A. 95-331, eff. 8-21-07; 96-466, eff. 8-14-09;
revised 9-16-10.)
 
    Section 15. The Probate Act of 1975 is amended by changing
Section 11a-10 as follows:
 
    (755 ILCS 5/11a-10)  (from Ch. 110 1/2, par. 11a-10)
    Sec. 11a-10. Procedures preliminary to hearing.
    (a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is
not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for the
developmentally disabled, mentally ill, physically disabled,
the elderly, or persons disabled because of mental
deterioration, depending on the type of disability that is
alleged in the petition. The court may allow the guardian ad
litem reasonable compensation. The guardian ad litem may
consult with a person who by training or experience is
qualified to work with persons with a developmental disability,
persons with mental illness, or physically disabled persons, or
persons disabled because of mental deterioration, depending on
the type of disability that is alleged. The guardian ad litem
shall personally observe the respondent prior to the hearing
and shall inform him orally and in writing of the contents of
the petition and of his rights under Section 11a-11. The
guardian ad litem shall also attempt to elicit the respondent's
position concerning the adjudication of disability, the
proposed guardian, a proposed change in residential placement,
changes in care that might result from the guardianship, and
other areas of inquiry deemed appropriate by the court.
Notwithstanding any provision in the Mental Health and
Developmental Disabilities Confidentiality Act or any other
law, a guardian ad litem shall have the right to inspect and
copy any medical or mental health record of the respondent
which the guardian ad litem deems necessary, provided that the
information so disclosed shall not be utilized for any other
purpose nor be redisclosed except in connection with the
proceedings. At or before the hearing, the guardian ad litem
shall file a written report detailing his or her observations
of the respondent, the responses of the respondent to any of
the inquires detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the guardian
ad litem consulted concerning the appropriateness of
guardianship, and any other material issue discovered by the
guardian ad litem. The guardian ad litem shall appear at the
hearing and testify as to any issues presented in his or her
report.
    (b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
    (c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where an elder abuse provider
agency is the petitioner, pursuant to Section 9 of the Elder
Abuse and Neglect Act, or where the Department of Human
Services Office of Inspector General is the petitioner,
consistent with Section 45 of the Abuse of Adults with
Disabilities Intervention Act, no guardian ad litem or legal
fees shall be assessed against the Office of State Guardian,
the elder abuse provider agency, or the Department of Human
Services Office of Inspector General.
    (d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
    (e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
    You have been named as a respondent in a guardianship
petition asking that you be declared a disabled person. If the
court grants the petition, a guardian will be appointed for
you. A copy of the guardianship petition is attached for your
convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
    If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
    You have the following legal rights:
        (1) You have the right to be present at the court
    hearing.
        (2) You have the right to be represented by a lawyer,
    either one that you retain, or one appointed by the Judge.
        (3) You have the right to ask for a jury of six persons
    to hear your case.
        (4) You have the right to present evidence to the court
    and to confront and cross-examine witnesses.
        (5) You have the right to ask the Judge to appoint an
    independent expert to examine you and give an opinion about
    your need for a guardian.
        (6) You have the right to ask that the court hearing be
    closed to the public.
        (7) You have the right to tell the court whom you
    prefer to have for your guardian.
    You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend.
    IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
    Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
    (f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 95-373, eff. 8-23-07; 96-1052, eff. 7-14-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2011