(405 ILCS 5/3-550) Sec. 3-550. Minors 12 years of age or older request to receive
counseling services or psychotherapy on an outpatient basis. (a) Any minor 12 years of age or older may request and receive
counseling services or psychotherapy on an outpatient basis. The consent
of the minor's parent, guardian, or person in loco parentis shall not be necessary
to authorize outpatient counseling services or psychotherapy. However, until the consent of the minor's parent, guardian,
or person in loco parentis has been obtained, outpatient counseling services or
psychotherapy provided to a minor under the age of 17
shall be initially limited to not more than 8 90-minute sessions. The service provider shall consider the factors contained in subsection (a-1) of this Section throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being. No later than the eighth session, the service provider shall determine and share with the minor the service provider's decision as described below: (1) If the service provider finds that attempting to |
| obtain consent would not be detrimental to the minor's well-being, the provider shall notify the minor that the consent of a parent, guardian, or person in loco parentis is required to continue counseling services or psychotherapy.
|
|
(2) If the minor does not permit the service
|
| provider to notify the parent, guardian, or person in loco parentis for the purpose of consent after the eighth session the service provider shall discontinue counseling services or psychotherapy and shall not notify the parent, guardian, or person in loco parentis about the counseling services or psychotherapy.
|
|
(3) If the minor permits the service provider to
|
| notify the parent, guardian, or person in loco parentis for the purpose of consent, without discontinuing counseling services or psychotherapy, the service provider shall make reasonable attempts to obtain consent. The service provider shall document each attempt to obtain consent in the minor's clinical record. The service provider may continue to provide counseling services or psychotherapy without the consent of the minor's parent, guardian, or person in loco parentis if:
|
|
(A) the service provider has made at least 2
|
| unsuccessful attempts to contact the minor's parent, guardian, or person in loco parentis to obtain consent; and
|
|
(B) the service provider has obtained the minor's
|
|
(4) If, after the eighth session, the service
|
| provider of counseling services or psychotherapy determines that obtaining consent would be detrimental to the minor's well-being, the service provider shall consult with his or her supervisor when possible to review and authorize the determination under subsection (a) of this Section. The service provider shall document the basis for the determination in the minor's clinical record and may then accept the minor's written consent to continue to provide counseling services or psychotherapy without also obtaining the consent of a parent, guardian, or person in loco parentis.
|
|
(5) If the minor continues to receive counseling
|
| services or psychotherapy without the consent of a parent, guardian, or person in loco parentis beyond 8 sessions, the service provider shall evaluate, in consultation with his or her supervisor when possible, his or her determination under this subsection (a), and review the determination every 60 days until counseling services or psychotherapy ends or the minor reaches age 17. If it is determined appropriate to notify the parent, guardian, or person in loco parentis and the minor consents, the service provider shall proceed under paragraph (3) of subsection (a) of this Section.
|
|
(6) When counseling services or psychotherapy are
|
| related to allegations of neglect, sexual abuse, or mental or physical abuse by the minor's parent, guardian, or person in loco parentis, obtaining consent of that parent, guardian, or person in loco parentis shall be presumed to be detrimental to the minor's well-being.
|
|
(a-1) Each of the following factors must be present in order for the service provider to find that obtaining the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being:
(1) requiring the consent or notification of a
|
| parent, guardian, or person in loco parentis would cause the minor to reject the counseling services or psychotherapy;
|
|
(2) the failure to provide the counseling services or
|
| psychotherapy would be detrimental to the minor's well-being;
|
|
(3) the minor has knowingly and voluntarily sought
|
| the counseling services or psychotherapy; and
|
|
(4) in the opinion of the service provider, the minor
|
| is mature enough to participate in counseling services or psychotherapy productively.
|
|
(a-2) The minor's parent, guardian, or person in loco parentis shall not be informed of the counseling services or psychotherapy without the written consent of the minor unless the service provider believes the disclosure is necessary under subsection (a) of this Section. If the facility director or service provider intends to disclose the fact of counseling services or psychotherapy, the minor shall be so informed and if the minor chooses to discontinue counseling services or psychotherapy after being informed of the decision of the facility director or service provider to disclose the fact of counseling services or psychotherapy to the parent, guardian, or person in loco parentis, then the parent, guardian, or person in loco parentis shall not be notified. Under the Mental Health and Developmental Disabilities Confidentiality Act, the facility director, his or her designee, or the service provider shall not allow the minor's parent, guardian, or person in loco parentis, upon request, to inspect or copy the minor's record or any part of the record if the service provider finds that there are compelling reasons for denying the access. Nothing in this Section shall be interpreted to limit a minor's privacy and confidentiality protections under State law.
(b) The minor's parent, guardian, or person in loco parentis shall not
be liable for the costs of outpatient counseling services or psychotherapy which
is received by the minor without the consent of the minor's parent, guardian,
or person in loco parentis.
(c) Counseling services or psychotherapy provided under this Section shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act.
(Source: P.A. 102-558, eff. 8-20-21.)
|
(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601) Sec. 3-601. Involuntary admission; petition. (a) When a person is asserted to be subject to involuntary
admission on an inpatient basis and in such a condition that immediate hospitalization is necessary
for the protection of such person or others from physical harm, any person
18 years of age or older may present a petition to the facility director
of a mental health facility in the county where the respondent resides or is
present. The petition may be prepared by the facility director of the
facility. (b) The petition shall include all of the following: 1. A detailed statement of the reason for the |
| assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of a mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.
|
|
2. The name and address of the spouse, parent,
|
| guardian, substitute decision maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses. If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.
|
|
3. The petitioner's relationship to the respondent
|
| and a statement as to whether the petitioner has legal or financial interest in the matter or is involved in litigation with the respondent. If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.
|
|
4. The names, addresses and phone numbers of the
|
| witnesses by which the facts asserted may be proved.
|
|
(c) Knowingly making a material false statement in the petition is a Class
A misdemeanor.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
|