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Illinois Compiled Statutes
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() 405 ILCS 5/Ch. IV Art. VII
(405 ILCS 5/Ch. IV Art. VII heading)
ARTICLE VII.
DISCHARGE AND TRANSFER
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405 ILCS 5/4-700
(405 ILCS 5/4-700) (from Ch. 91 1/2, par. 4-700)
Sec. 4-700.
The person who executed the application for administrative
or temporary admission may
request discharge of the client so admitted at any time. The client shall
be discharged within 3 days of receipt
of a written request by the facility director of the developmental disabilities
facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-701
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701.
(a) Any client admitted to a developmental disabilities facility
under this Chapter may be
discharged whenever the facility director determines that he is suitable for discharge.
(b) Any client admitted to a facility or program of nonresidential services
upon court order under Article V
of this Chapter or admitted upon court order as a person with an intellectual disability or as mentally
deficient under any prior statute
shall be discharged whenever the facility director determines that he no
longer meets the standard for judicial
admission. When the facility director believes that continued residence
is advisable for such a client, he shall
inform the client and his guardian, if any, that the client may remain at
the facility on administrative
admission status. When a facility director discharges or changes the status
of such client, he shall promptly notify the clerk of the court who shall
note the action in the court record.
(c) When the facility director discharges a client pursuant to subsection
(b) of this Section, he shall promptly notify the State's Attorney of the
county in which the client resided immediately prior to his admission to
a developmental disabilities facility. Upon receipt of such notice, the State's
Attorney may notify such peace officers that he deems appropriate.
(d) The facility director may grant a temporary release to any client
when such release is appropriate and
consistent with the habilitation needs of the client.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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405 ILCS 5/4-702
(405 ILCS 5/4-702) (from Ch. 91 1/2, par. 4-702)
Sec. 4-702.
(a) Conditional discharge means the placement of a client
out of a facility for continuing
habilitation provided under supervision of the discharging developmental
disabilities facility or of the
Department if he was in a Department facility. The facility director may
grant a conditional discharge to a
client when he determines that conditional discharge is appropriate and
consistent with the habilitation
needs of the client.
(b) A conditional discharge shall terminate within one year unless it
is extended for one additional year.
Written notice of the extension shall be given to the persons specified
in Section 4-206 and to the facility, if
any, where the client is residing.
(c) A conditionally discharged client may be readmitted to the facility
if the facility director determines
that such readmission is consistent with the client's habilitation needs
and if the court, in the event that the
client was judicially admitted, or the person who executed the application
for administrative admission, consents thereto.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-703
(405 ILCS 5/4-703) (from Ch. 91 1/2, par. 4-703)
Sec. 4-703.
(a) Prior to discharge under Sections 4-701 or 4-702, the
facility director shall prepare a
post-discharge plan which is consistent with the client's habilitation goals.
To the extent possible, the
client and his family shall be consulted in the preparation and implementation
of the plan.
(b) Prior to discharge if the client is 18 years of age or older and does
not have a guardian, he shall be evaluated to
determine whether he requires one. If it is determined that the client
requires a guardian, his parent or another
interested person shall be notified and requested to file a petition for
the appointment of a guardian. If no
petition is filed, the facility director of the facility may file such a petition.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-704
(405 ILCS 5/4-704) (from Ch. 91 1/2, par. 4-704)
Sec. 4-704.
(a) At least 14 days prior to the discharge of a client from
a Department developmental
disabilities facility under Section 4-701 or 4-702, the facility director
shall give written notice of the
discharge to the client, if he is 12 years of age or older, to his attorney
and guardian, if any, to the person who
executed the application for admission and to the resident school
district when appropriate. The notice, except that to the school
district, shall include the reason for the discharge and a
statement of the right to object.
(b) The client, if he is 12 years of age or older, may object to his
discharge or the attorney or guardian of a
client or the person who executed the application may object on behalf of
a client. Prior to discharge
a written objection shall be submitted to the facility director of the facility
where the client is located.
Upon receipt of an objection, the facility director shall promptly schedule
a hearing to be held at the
facility within 7 days pursuant to Section 4-209. No discharge shall proceed
pending hearing on an objection, unless the person objecting to the discharge
consents to discharge pending the hearing.
(c) At the hearing the Department shall have the burden of proving that
the client 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 has 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 client not be discharged but it may recommend
that the client be transferred to another facility which can provide
habilitation
appropriate to the condition and needs of the client. It may recommend that
the Department or other agency assist the person in obtaining such appropriate
habilitation.
(Source: P.A. 89-507, eff. 7-1-97.)
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405 ILCS 5/4-705
(405 ILCS 5/4-705) (from Ch. 91 1/2, par. 4-705)
Sec. 4-705.
Petition for discharge; examination.
(a) At any time a person admitted by court order under Article
V of this Chapter or under any prior statute or any person 18 years of age
or older on his behalf may file a petition for discharge with the court.
(b) The petition shall set forth: (1) the name of the client; (2) the
events that precipitated the admission and the date of the admission order;
and (3) a request for discharge and the reasons for the request. The
petition shall be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician stating that the client
no longer meets the standard for judicial admission and specifying the
reasons for that conclusion.
(c) If the petition is not accompanied by a certificate, the court shall
appoint a clinical psychologist, clinical social worker, or
physician to examine the client. If the clinical psychologist, clinical
social worker, or physician determines that the client does not meet the
standard for judicial admission, he shall execute a certificate so stating.
The client is also entitled to an independent examination pursuant to
Section 4-605.
(Source: P.A. 87-530.)
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405 ILCS 5/4-706
(405 ILCS 5/4-706) (from Ch. 91 1/2, par. 4-706)
Sec. 4-706.
(a) Upon receipt of a petition for discharge, the court shall
set a hearing to be held
within 7 days. The court shall direct that notice of the time and place
of the hearing be given to the
client, the person specified in Section 4-206, and to the facility director.
Article VI of this Chapter
shall apply to hearings held under this Section.
(b) If the court finds that the client does not meet the standard for
judicial admission, the court
shall enter an order so finding and shall order the client discharged.
If the court determines that the
client continues to meet the standard for judicial admission, the court
may continue or modify its original
order. Thereafter, no new petition for discharge may be filed for 60 days
without leave of the court.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-707
(405 ILCS 5/4-707) (from Ch. 91 1/2, par. 4-707)
Sec. 4-707.
The facility director of any Department facility may transfer
a client to another
Department facility if he determines that the transfer is appropriate and consistent
with the habilitation needs of the client. An appropriate facility which
is close to the client's place
of residence shall be preferred unless the client requests otherwise or
unless compelling reasons exist
for preferring another facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-708
(405 ILCS 5/4-708) (from Ch. 91 1/2, par. 4-708)
Sec. 4-708.
Any client admitted to a facility or to a program of nonresidential
habilitation under
Article V of this Chapter or his guardian, attorney, or nearest adult relative
on his behalf may at any time
petition the court for transfer to a different facility or program of nonresidential
services. If the client
is in a private facility, the facility may also petition for transfer.
An order for admission to a facility
shall not be entered under this Section if the original order did not authorize
such admission unless a hearing
is held pursuant to Article VI of this Chapter.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-709
(405 ILCS 5/4-709) (from Ch. 91 1/2, par. 4-709)
Sec. 4-709.
(a) Whenever a client who has been in a Department facility
for more than 7 days is to
be transferred to another facility under Section 4-707, the facility director
of the facility shall give written notice at least 14
days before transfer to the client's attorney and to the persons specified
in Section 4-206 of the reasons for
the transfer and of the right to object. In an emergency, when the health
of the client or the physical safety
of the client or others is imminently imperiled and appropriate care and
services are not available where the
client is located, a client may be immediately transferred to another facility
provided that notice is given as soon as possible but not more than 48 hours after the
transfer. The reason for the emergency shall be noted in the client's record
and specified in the notice.
(b) A client may object to his transfer or his attorney or any person
receiving notice under Section 4-206
may object on his behalf. 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 client
is located. Upon receipt of an objection,
the facility director shall promptly schedule a hearing to be held within
7 days pursuant to the procedures in Section 4-209.
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.
(c) At the hearing the Department shall have the burden of proving that
the standard for transfer under
Section 4-707 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 client 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 client not be transferred.
(Source: P.A. 80-1414.)
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