Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(405 ILCS 5/3-903) (from Ch. 91 1/2, par. 3-903)
Sec. 3-903.
(a) The facility director shall give written notice of discharge
from a Department mental health facility to the recipient, his attorney, and
guardian, if any, or in the case of a minor, to his attorney, to the parent,
guardian, or person in loco parentis who executed the application for
admission, to the resident school district when appropriate, and to the minor
if he is l2 years of age or older. The notice, except that to the school
district, shall include the reason for discharge and a statement of the right
to object. Whenever possible, this notice shall be given at least 7 days prior
to the date of intended discharge.
(b) A recipient may object to his discharge or his attorney or guardian
may object on his behalf. In the case of a minor, his attorney, the person
who executed the application or the minor himself if he is 12 years of age
or older may object to the discharge. Prior to discharge a written objection
shall be submitted to the facility director of the mental health 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 at the
facility pursuant to Section 3-207. No discharge shall proceed pending
hearing on an objection, unless the person objecting to the discharge consents
to discharge pending the outcome of the hearing.
(c) At the hearing the Department shall have the burden of proving that
the recipient meets the standard for discharge under this Chapter and under
Section 15 of the Mental Health and Developmental Disabilities Administrative
Act. If the utilization review committee finds
that the Department sustained its burden and that the proposed discharge is
based upon substantial evidence, it shall recommend that the discharge proceed.
If the utilization review committee does not so find, it shall recommend that
the recipient not be discharged but it may recommend that the recipient be
transferred to another mental health facility which can provide treatment
appropriate to the clinical condition and needs of the recipient. It may
recommend that the Department or other agency assist the person in obtaining
such appropriate treatment.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
|