(405 ILCS 5/3-910)
(from Ch. 91 1/2, par. 3-910)
(a) Whenever a recipient who has been in a Department
facility for more than 7 days is to be transferred to another facility
under Section 3-908, the facility director of the facility shall give
written notice at least 14 days before the transfer to the recipient, his
attorney, guardian, if any, and responsible relative. In the case of a
minor, notice shall be given to his attorney, to the parent, guardian,
or person in loco parentis who executed the application for his
admission, and to the minor himself if he is 12 years of age or older.
The notice shall include the reasons for transfer, a statement of the
right to object and the address and phone number of the Guardianship and
Advocacy Commission. If the recipient requests, the facility director shall
assist him in contacting the Commission.
(b) In an emergency, when the health of the recipient or the physical
safety of the recipient or others is imminently imperiled and appropriate
care is not available where the recipient is located, a recipient may be
immediately transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48 hours after
transfer. The reason for the emergency shall be noted in the recipient's
record and specified in the notice.
(c) A recipient may object to his transfer or his attorney, guardian,
or responsible relative may object on his behalf. In the case of a
minor, his attorney, the person who executed the application for
admission, or the minor himself if he is 12 years of age or older, may
object to the transfer. Prior to transfer or within 14 days after an
emergency transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is located. Upon
receipt of an objection, the facility director shall promptly schedule a
hearing to be held within 7 days pursuant to Section 3-207. The hearing
shall be held at the transferring facility except that when an emergency
transfer has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed pending
hearing on an objection.
(d) At the hearing the Department shall have the burden of proving
that the standard for transfer under Section 3-908 is met. If the transfer
is to a facility which is substantially more physically restrictive than
the transferring facility, the Department shall also prove that the
transfer is reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department has sustained
its burden and the decision to transfer is based upon substantial evidence,
it shall recommend that the transfer proceed. If it does not so find, it
shall recommend that the recipient not be transferred.
(Source: P.A. 88-380.)