SB3468 EnrolledLRB098 18193 RLC 53322 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Code is amended by changing Section 3-504 as
6follows:
 
7    (405 ILCS 5/3-504)  (from Ch. 91 1/2, par. 3-504)
8    Sec. 3-504. Minors; emergency admissions.
9    (a) A minor who is eligible for admission under Section
103-503 and who is in a condition that immediate hospitalization
11is necessary may be admitted upon the application of a parent
12or guardian, or person in loco parentis, or of an interested
13person 18 years of age or older when, after diligent effort,
14the minor's parent, guardian or person in loco parentis cannot
15be located or refuses to consent to admission. Following
16admission of the minor, the facility director of the mental
17health facility shall continue efforts to locate the minor's
18parent, guardian or person in loco parentis. If that person is
19located and consents in writing to the admission, the minor may
20continue to be hospitalized. However, upon notification of the
21admission, the parent, guardian or person in loco parentis may
22request the minor's discharge subject to the provisions of
23Section 3-508.

 

 

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1    (b) A peace officer may take a minor into custody and
2transport the minor to a mental health facility when, as a
3result of his personal observation, the peace officer has
4reasonable grounds to believe that the minor is eligible for
5admission under Section 3-503 and is in a condition that
6immediate hospitalization is necessary in order to protect the
7minor or others from physical harm. Upon arrival at the
8facility, the peace officer shall complete an application under
9Section 3-503 and shall further include a detailed statement of
10the reason for the assertion that immediate hospitalization is
11necessary, including a description of any acts or significant
12threats supporting the assertion, the time and place of the
13occurrence of those acts or threats, and the names, addresses
14and telephone numbers of other witnesses of those acts or
15threats.
16    (c) If no parent, guardian or person in loco parentis can
17be found within 3 days, excluding Saturdays, Sundays or
18holidays, after the admission of a minor, or if that person
19refuses either to consent to admission of the minor or to
20request his discharge, a petition shall be filed under the
21Juvenile Court Act of 1987 to ensure that appropriate
22guardianship is provided.
23    (d) If, however, a court finds, based on the evaluation by
24a psychiatrist, licensed clinical social worker, licensed
25clinical professional counselor, or licensed clinical
26psychologist or the testimony or other information offered by a

 

 

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1parent, guardian, person acting in loco parentis or other
2interested adults, that it is necessary in order to complete an
3examination of a minor, the court may order that the minor be
4admitted to a mental health facility pending examination and
5may order a peace officer or other person to transport the
6minor to the facility.
7    (e) If a parent, guardian, or person acting in loco
8parentis is unable to transport a minor to a mental health
9facility for examination, the parent, guardian, or person
10acting in loco parentis may petition the court to compel a
11peace officer to take the minor into custody and transport the
12minor to a mental health facility for examination. The court
13may grant the order if the court finds, based on the evaluation
14by a psychiatrist, licensed clinical social worker, licensed
15clinical professional counselor, or licensed clinical
16psychologist or the testimony of a parent, guardian, or person
17acting in loco parentis that the examination is necessary and
18that the assistance of a peace officer is required to
19effectuate admission of the minor to a mental health facility.
20    (f) Within 24 hours after admission under this Section, a
21psychiatrist or clinical psychologist who has personally
22examined the minor shall certify in writing that the minor
23meets the standard for admission. If no certificate is
24furnished, the minor shall be discharged immediately.
25(Source: P.A. 95-804, eff. 8-12-08.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.