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(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
Sec. 3-405.
(a) If the facility director of a Department mental
health facility declines to admit a
person seeking admission under Articles III or IV of this Chapter, a review of
the denial may be requested by the person seeking admission or, with his
consent, by an interested person on his behalf. Such a request may be made on
behalf of a minor presented for admission under Section 3-502, 3-503 or 3-504
by the minor's attorney, by the parent, guardian or person in loco parentis who
executed the application for his admission, or by the minor himself if he is 16
years of age or older. Whenever admission to a Department facility is denied,
the person seeking admission shall immediately be given written notice of the
right to request review of the denial under this Section and shall be provided,
if he is 12 or older, with the address and phone number of the Guardianship and
Advocacy Commission. If the person requests, the facility director shall assist him in contacting the
Commission. A written request for review shall be submitted to the director of
the facility that denied
admission
within 14 days of the denial. Upon receipt of the request, the facility
director shall
promptly
schedule a hearing to be held at the denying facility within 7 days pursuant to
Section 3-207.
(b) At the hearing the Department shall have the burden of proving that the person denied admission does
not meet the standard set forth in the Section under which admission is sought
or that an appropriate alternative community treatment program was available to
meet the person's needs and was offered. If the utilization review committee
finds that the decision denying admission is based upon substantial evidence,
it shall recommend that the denial of admission be upheld. However, if it finds
that the facility to which admission is sought can provide adequate and
appropriate treatment for the person and no appropriate community alternative
treatment is available, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide treatment
appropriate to the clinical condition and needs of the person denied admission,
it may recommend that the Department or other agency assist the person in
obtaining such treatment.
(Source: P.A. 91-726, eff. 6-2-00.)
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