ADMINISTRATIVE CODE
TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 110 RECIPIENT'S PROPERTY
SECTION 110.5 DEFINITIONS


 

Section 110.5  Definitions

 

"Assessment of Individual Rights" means an assessment tool used to evaluate a person's capacity to exercise their rights and make informed decisions.  It is performed at the time of admission and during the annual review and is designed to ensure that a person receiving services can exercise their rights as described under Article 1 of the Mental Health and Developmental Disabilities Code.

 

"Code" means the Mental Health and Developmental Disabilities Code [405 ILCS 5].

 

"Contraband Items" or "Contraband" means items that are illegal for a recipient to have in their possession or that are legal but considered dangerous for recipients to have on units, in accordance with Section 110.30(a)(2) and (d).  Such items shall be confiscated by staff of the Security Department and turned over to the proper authorities or destroyed.

 

"Department" or "DHS" means the Department of Human Services.

 

"Department Facility" means a State-operated mental health facility or a State-operated developmental disability facility as defined by the Mental Health and Developmental Disabilities Code [405 ILCS 5].  "Department facility" does not refer to a treatment and detention facility.

 

"Facility Resource Unit" means a facility entity commonly known as a Patient Resource Unit (PRU) or Resident Resource Unit (RRU) which operates under the oversight of the facility's Business Office. 

 

"Guardian" or "guardian of the person or estate" means a court-appointed guardian of the person or estate as described in 755 ILCS 5/11a-3 with specific authority to make decisions concerning the recipient's financial transactions or their care.

 

"Human Rights Committee" means a committee established by each Department facility, consisting of at least five members, including at least one individual receiving services or their guardian.  At least one-third of the members shall be persons not associated with the Department, and no more than half of the members may be employed by the Department.  The committee is responsible for reviewing and monitoring restrictions of individual rights, ensuring informed consent, and promoting the protection and restoration of rights in accordance with State and federal law.

 

"Informed Consent" means permission voluntarily granted by the recipient or guardian of the person or estate for the release of information, for participation in the program services specified in the treatment plan, for the use of a specific procedure in the plan, or for designating the facility as representative payee, as applicable.  Informed consent means full disclosure to the recipient or guardian of the information required for them to make the decision.

 

"Recipient" means a person who has received or is receiving treatment or habilitation at a Department facility.

 

"Restricted Items" means lawful items that may be returned to the recipient or their designee upon discharge but are restricted in accordance with Section 110.30 (a)(1).  Such items shall be restricted from being in the possession of the recipient while a recipient is at the Department facility.

 

"Restriction of Rights" means the legal limitation or withdrawal of an individual's rights issued in accordance with Section 2-201 of the Mental Health and Developmental Disabilities Code.

 

"Treatment Team"

 

At State operated mental health facilities:

 

The treatment team at all State operated mental health facilities is comprised of an interdisciplinary team of clinicians who are responsible for developing individualized treatment plans for all recipients admitted into a State operated mental health facility.  In addition, the treatment team is responsible for ensuring that all direct care staff are tasked with the implementation of goals developed by the treatment team for every recipient who requires psychiatric stabilization.  Additionally, the treatment team identifies treatment issues, barriers, and makes recommendations towards each recipient's discharge planning process.  Every treatment team is assembled at the facility level to ensure the specific individualized needs of every recipient are appropriately addressed.

 

At State operated developmental disability facilities:

 

The treatment team at all State operated developmental disability facilities is comprised of an interdisciplinary team consisting of clinicians, professionals, paraprofessionals, and non-professionals who possess the knowledge and expertise to assess and identify a recipient's strengths, needs, and preferences for the development and implementation of an Individualized Service Plan and related programming. 

 

"Trust Fund" means a recipient's account which is established upon authorization by the recipient or their guardian of the person or estate to maintain personal funds. 

 

(Source:  Amended at 49 Ill. Reg. 14118, effective October 9, 2025)