(405 ILCS 5/Ch. III heading) CHAPTER III
ADMISSION, TRANSFER AND DISCHARGE
PROCEDURES FOR THE MENTALLY ILL
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(405 ILCS 5/Ch. III Art. I heading) ARTICLE I.
JURISDICTION; DUTIES OF STATE'S ATTORNEY
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(405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)
Sec. 3-100.
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who are subject to involuntary admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VIII of this Chapter may be instituted as to any such inmate at any time
within 90 days prior to discharge of such inmate by expiration of sentence
or otherwise, and if such inmate is found to be subject to involuntary admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody. The circuit court has jurisdiction over all persons alleged to be in need of treatment under Section 2-107.1 of this Code, whether or not they are charged with a felony.
(Source: P.A. 99-179, eff. 7-29-15.)
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(405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101)
Sec. 3-101.
(a) The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
and in proceedings under Section 2-107.1 in their respective counties,
shall attend such proceedings either in person or by assistant, and shall
ensure that petitions, reports and orders are properly prepared. Nothing
herein contained shall prevent any party, including any petitioner, from being represented by his own
counsel.
(b) Any community mental health provider or inpatient mental health facility, including hospitals operated by the Department, may be represented by counsel in court proceedings under this Chapter if they are providing services or funding for services to the respondent, or if an order by the court directing said entity to provide services or funding for services to the respondent is being sought by any party. (Source: P.A. 97-375, eff. 8-15-11.)
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(405 ILCS 5/Ch. III Art. II heading) ARTICLE II.
GENERAL PROVISIONS
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(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
Sec. 3-200.
(a) A person may be admitted as an inpatient to a mental
health facility for treatment of mental illness only as provided in this
Chapter, except that a person may be transferred by the Department of
Corrections pursuant to the Unified Code of Corrections. A person transferred
by the Department of Corrections in this manner may be released only as
provided in the Unified Code of Corrections.
(b) No person who is diagnosed as a person with an
intellectual disability or a person with a
developmental disability may be admitted or transferred to a Department mental
health facility or, any portion thereof, except as provided in this Chapter.
However, the evaluation and placement of such persons shall be governed by
Article II of Chapter 4 of this Code.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/3-201) (from Ch. 91 1/2, par. 3-201)
Sec. 3-201.
The Department shall prescribe all forms necessary for
proceedings under this Chapter, and all forms used in such proceedings shall
comply substantially with the forms so prescribed. The Department shall
publish all forms in electronic format and post the forms to its website.
(Source: P.A. 97-752, eff. 7-6-12.)
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(405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202)
Sec. 3-202.
(a) Every mental health facility shall maintain adequate records
which shall include the Section of this Chapter under which the recipient
was admitted, any subsequent change in the recipient's status, and requisite
documentation for such admission and status.
(b) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any mental health facility to determine the
qualifications of persons who may be permitted to admit recipients to such
facility. This subsection shall not affect or limit the powers of any court to
order hospitalization or admission to a program of alternative
treatment as set
forth in this Chapter.
(Source: P.A. 91-357, eff. 7-29-99.)
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(405 ILCS 5/3-203) (from Ch. 91 1/2, par. 3-203)
Sec. 3-203.
Every petition, certificate and proof of service required
by this Chapter shall be executed under penalty of perjury as though under
oath or affirmation, but no acknowledgement is required.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-204) (from Ch. 91 1/2, par. 3-204)
Sec. 3-204.
Whenever a statement or explanation is required to be given
to a recipient under this Chapter and the recipient does not read or understand
English, such statement or explanation shall be provided to him in a language
which he understands. Such statement or explanation shall be communicated in
sign language for any hearing impaired person for whom sign language is a
primary mode of communication. When a statement or explanation is provided in a
language other than English, or through the use of sign language, that fact and
the name of the persons by whom it was provided shall be noted in the
recipient's record. This Section does not apply to copies of petitions and
court orders.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-205) (from Ch. 91 1/2, par. 3-205)
Sec. 3-205.
Within 12 hours after the admission of a person to a mental
health facility under Article VI or Article VII of this Chapter the facility
director shall give the person a copy of the petition and a clear and concise
written statement explaining the person's legal status and his right to
counsel and to a court hearing. Following admission, any changes in the
person's legal status shall be fully explained to him. When an explanation
required by this Chapter must be given in a language other than English
or through the use of sign language, it shall be given within a reasonable
time before any hearing is held.
(Source: P.A. 82-205.)
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(405 ILCS 5/3-205.5)
Sec. 3-205.5.
Examination and social investigation.
When any person is
first presented for admission to a mental health facility under Chapter III of
this Code, within 72 hours thereafter, excluding Saturdays, Sundays, and
holidays, the facility shall provide or arrange for a comprehensive physical
examination, mental examination, and social investigation of that person. The
examinations and social investigation shall be used to determine whether some
program other than hospitalization will meet the needs of the person, with
preference being given to care or treatment that will enable the person to
return to his or her own home or community.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206)
Sec. 3-206.
Whenever a person is admitted or objects to admission, and
whenever a recipient is notified that his legal status is to be changed, the
facility director of the mental health facility shall provide the person, 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.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207)
Sec. 3-207.
(a) Hearings under Sections 3-405, 3-904, 3-908, and 3-911 of
this Chapter shall be conducted by a utilization review committee. The Secretary
shall appoint a
utilization review committee at each Department facility. Each such committee
shall consist of a multi-disciplinary group of professional staff members who
are trained and equipped to deal with the clinical and treatment needs of
recipients. The recipient and the objector may be represented by persons of
their choice.
(b) The committee shall not be bound by rules of evidence or procedure
but shall conduct the proceedings in a manner intended to ensure a fair
hearing. The committee may make such investigation as it deems necessary.
A record of the proceedings shall be made and shall be kept in the recipient's
record. Within 3 days of conclusion of the hearing, the committee shall
submit to the facility director its written recommendations which include its factual findings
and conclusions. A copy of the recommendations shall be given to the recipient
and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director shall give written
notice to the recipient and objector of his acceptance or rejection of the
recommendations and his reason therefor. If the director of the facility rejects the recommendations or if the
recipient or objector requests review of the director's decision, the director
shall promptly forward a copy of his decision, the recommendations, and the
record of the hearing to the Secretary of the Department for
final review. The decision of the director or the decision of the
Secretary of the Department, if his review was requested,
shall be considered a final administrative decision.
(Source: P.A. 102-593, eff. 8-27-21.)
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(405 ILCS 5/3-208) (from Ch. 91 1/2, par. 3-208)
Sec. 3-208.
Whenever a petition has been executed pursuant to Section
3-507, 3-601 or 3-701, and prior to this examination for the purpose of
certification of a person 12 or over, the person conducting this examination
shall inform the person being examined in a simple comprehensible manner of the
purpose of the examination; that he does not have to talk to the examiner; and
that any statements he makes may be disclosed at a court hearing on the issue
of whether he is subject to involuntary admission. If the person being
examined has not been so informed, the examiner shall not be permitted to
testify at any subsequent court hearing concerning the respondent's admission.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-209) (from Ch. 91 1/2, par. 3-209)
Sec. 3-209. Within three days of admission under this Chapter, a treatment
plan shall be prepared for each recipient of service and entered into his
or her record. The plan shall include an assessment of the recipient's
treatment needs, a description of the services recommended for treatment,
the goals of each type of element of service, an anticipated timetable for
the accomplishment of the goals, and a designation of the qualified professional
responsible for the implementation of the plan. The plan shall include a
written assessment of whether or not the recipient is in need of psychotropic medications. The plan shall be reviewed
and updated as the clinical condition warrants, but not less than every 30 days.
(Source: P.A. 94-1066, eff. 8-1-06.)
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(405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210)
Sec. 3-210. Employee as perpetrator of abuse. When an initial investigation of a reported allegation of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. An employee barred from contact with recipients of services shall remain barred: (1) pending the outcome of any further investigation, | ||
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(2) until the Department of Human Services Office of | ||
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For the purposes of this Section, "credible evidence" is any evidence that relates to the allegation or incident and that is considered believable and reliable.
(Source: P.A. 102-501, eff. 1-1-22.)
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(405 ILCS 5/3-211) (from Ch. 91 1/2, par. 3-211)
Sec. 3-211.
Resident as perpetrator of abuse.
When an investigation
of a report of suspected abuse of a recipient of services indicates, based
upon credible evidence, that another recipient of services in a mental
health or developmental disability facility is the perpetrator of the
abuse, the condition of the recipient suspected of being the perpetrator
shall be immediately evaluated to determine the most suitable therapy and
placement, considering the safety of that recipient as well as the safety
of other recipients of services and employees of the facility.
(Source: P.A. 86-1013.)
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(405 ILCS 5/Ch. III Art. III heading) ARTICLE III.
INFORMAL ADMISSION
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(405 ILCS 5/3-300) (from Ch. 91 1/2, par. 3-300)
Sec. 3-300.
Admission.
(a) Any person desiring admission to a mental health facility
for treatment of a mental illness may be admitted upon his request without
making formal application therefor if, after examination, the facility director
considers that person clinically suitable for admission upon an informal
basis.
(b) Each recipient admitted under this Section shall be informed in writing
and orally at the time of admission of his right to be discharged from the
facility at any time during the normal daily day-shift hours of operation,
which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to
be discharged shall commence with the first
day-shift hours of operation after his admission.
(c) If the facility director decides to admit a person as a voluntary
recipient, he shall state in the recipient's record the reason why informal
admission is not suitable.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. III Art. IV heading) ARTICLE IV.
VOLUNTARY ADMISSION OF ADULTS
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(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
Sec. 3-400. Voluntary admission to mental health facility. (a) Any person 16 or older, including a person adjudicated a person with a disability, may be admitted to a mental health
facility as a voluntary recipient for treatment of a mental illness upon the
filing of an application with the facility director of the facility if the
facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission. (b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that: (1) He or she is being admitted to a mental health | ||
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(2) He or she may request discharge at any time. The | ||
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(3) Within 5 business days after receipt of the | ||
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(c) No mental health facility shall require the completion of a petition or certificate as a condition of accepting the admission of a recipient who is being transported to that facility from any other inpatient or outpatient healthcare facility if the recipient has completed an application for voluntary admission to the receiving facility pursuant to this Section. (Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/3-401) (from Ch. 91 1/2, par. 3-401)
Sec. 3-401.
(a) The application for admission as a voluntary recipient
may be executed by:
1. The person seeking admission, if 18 or older; or
2. Any interested person, 18 or older, at the request | ||
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3. A minor, 16 or older, as provided in Section 3-502.
(b) The written application form shall contain in large, bold-face type
a statement in simple nontechnical terms that the voluntary recipient may
be discharged from the facility at the earliest appropriate time, not to
exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a
written notice of his desire to be discharged, unless within that time,
a petition and 2 certificates are filed with the court asserting that the
recipient is subject to involuntary admission. Upon admission the right to
be discharged shall be communicated orally to the recipient and a copy of
the application form shall be given to the recipient and to any parent,
guardian, relative, attorney, or friend who accompanied the recipient to the
facility.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-401.1) Sec. 3-401.1. Transportation to mental health facility. Upon receipt of an application for admission prepared pursuant to this Article, any licensed ambulance service may transport a recipient to a mental health facility or from one mental health facility to another. An ambulance service, acting in good faith and without negligence in connection with the transportation of recipients shall incur no liability, civil or criminal, by reason of such transportation.
(Source: P.A. 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-402) (from Ch. 91 1/2, par. 3-402)
Sec. 3-402.
No physician, qualified examiner, or clinical psychologist
shall state to any person that involuntary admission may result if such
person does not voluntarily admit himself to a mental health facility unless
a physician, qualified examiner, or clinical psychologist who has examined
the person is prepared to execute a certificate under Section 3-602 and
the person is advised that if he is admitted upon certification, he
will be entitled to a court hearing with counsel appointed to represent
him at which the State will have to prove that he is subject to involuntary admission.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-403) (from Ch. 91 1/2, par. 3-403)
Sec. 3-403.
A voluntary recipient shall be allowed to be discharged from the
facility at the earliest appropriate time, not to exceed 5 days, excluding
Saturdays, Sundays and holidays, after he gives any treatment staff person
written notice of his desire to be discharged unless he either withdraws the
notice in writing or unless within the 5 day period a petition and 2
certificates conforming to the requirements of paragraph (b) of Section 3-601
and Section 3-602 are filed with the court. Upon receipt of the petition, the
court shall order a hearing to be held within 5 days, excluding Saturdays,
Sundays and holidays, and to be conducted pursuant to Article IX of this
Chapter. Hospitalization of the recipient may continue pending further order
of the court.
(Source: P.A. 88-830.)
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(405 ILCS 5/3-404) (from Ch. 91 1/2, par. 3-404)
Sec. 3-404.
Thirty days after the voluntary admission of a recipient, the
facility director shall review the recipient's record and assess the need for
continuing hospitalization. The facility director shall consult with the
recipient if continuing hospitalization is indicated and request from the
recipient an affirmation of his desire for continued treatment. The request
and affirmation shall be noted in the recipient's record. Every 60 days
thereafter a review shall be conducted and a reaffirmation shall be secured
from the recipient for as long as the hospitalization continues. A recipient's
failure to reaffirm a desire to continue treatment shall constitute notice of
his desire to be discharged.
(Source: P.A. 88-380.)
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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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(405 ILCS 5/Ch. III Art. V heading) ARTICLE V.
ADMISSION OF MINORS
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(405 ILCS 5/3-500) (from Ch. 91 1/2, par. 3-500)
Sec. 3-500.
A minor may be admitted to a mental health facility for
treatment of a mental illness or emotional disturbance only as provided
in this Article or as provided in Sections 3-10-5 or 5-2-4
of the Unified Code of
Corrections, as now or hereafter amended.
(Source: P.A. 81-1497.)
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(405 ILCS 5/3-501)
Sec. 3-501. (Repealed).
(Source: P.A. 100-196, eff. 1-1-18. Repealed by P.A. 100-614, eff. 7-20-18.)
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(405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)
Sec. 3-502.
Any minor 16 years of age or older may be admitted to a mental
health facility as a voluntary recipient under Article IV of this Chapter
if the minor himself executes the application. A minor so admitted shall be
treated as an adult under
Article IV and shall be subject to all of the provisions of that Article. The
minor's parent, guardian or person in loco parentis shall be immediately
informed of the admission.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)
Sec. 3-503. Admission on application of parent or guardian.
(a) Any minor may be admitted to a mental health
facility for inpatient treatment upon application to the facility
director, if the facility director finds that the minor
has a mental illness or emotional disturbance of such severity that
hospitalization is necessary and that the minor is likely to benefit
from inpatient treatment. Except in cases of admission under
Section 3-504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or
clinical psychologist who has personally examined the minor shall state in
writing that the minor meets the standard for admission. The statement shall
set forth in detail the reasons for that conclusion and shall indicate what
alternatives to hospitalization have been explored.
(b) The application may be executed by a parent or guardian or, in
the absence of a parent or guardian, by a person in loco parentis.
Application may be made for a minor who is a youth in care as defined in Section 4d of the Children and Family Services Act by the
Department of Children and Family Services or by the Department of
Corrections.
(Source: P.A. 100-159, eff. 8-18-17.)
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(405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
Sec. 3-504. Minors; emergency admissions.
(a) A minor who is eligible for admission under Section 3-503 and who is in
a condition that immediate hospitalization is necessary may be admitted upon
the application of a parent or guardian, or person in loco parentis, or of an
interested person 18 years of age or older when, after diligent effort, the
minor's parent, guardian or person in loco parentis cannot be located or
refuses to consent to admission.
Following
admission of the minor, the facility director of the mental health facility
shall continue efforts to locate the minor's parent, guardian or person in loco
parentis. If that person is located and consents in writing to the admission,
the minor may continue to be hospitalized. However, upon notification of the
admission, the parent, guardian or person in loco parentis may request the
minor's discharge subject to the provisions of Section 3-508.
(b) A peace officer may take a minor into custody and transport the minor
to a mental health facility when
the peace officer has reasonable grounds to believe that the minor is eligible
for admission under Section 3-503 and is in a condition that immediate
hospitalization is necessary in order to protect the minor or others from
physical harm. Upon arrival at the facility,
the peace officer shall complete an application under Section 3-503 and shall
further include a detailed statement of the reason for the assertion that
immediate hospitalization is necessary, including a description of any acts or
significant threats supporting the assertion, the time and place of the
occurrence of those acts or threats, and the names, addresses and telephone
numbers of other witnesses of those acts or threats.
(c) If no parent, guardian or person in loco parentis can be found
within 3 days, excluding Saturdays, Sundays or holidays, after the
admission of a minor, or if that person refuses either to consent to
admission of the minor or to request his discharge, a petition shall be
filed under the Juvenile Court Act of 1987 to ensure that appropriate
guardianship is provided.
(d) If, however, a court finds, based on the evaluation by a
psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical
psychologist or the testimony or other information offered by a parent,
guardian, person acting in loco parentis or other interested adults, that
it is necessary in order to complete an examination of a minor, the court
may order that the minor be admitted to a mental health
facility pending examination and may order a peace officer or other person to
transport the minor to the facility.
(e) If a parent, guardian, or person acting in loco parentis is unable
to transport a minor to a mental health facility for examination, the parent,
guardian, or person acting in loco parentis may petition the court to compel
a peace officer to take the minor into custody and transport the minor to
a mental health facility for examination. The court may grant the order
if the court finds, based on the evaluation by a psychiatrist, licensed
clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony
of a parent, guardian, or person acting in loco parentis that the
examination is necessary and that the assistance of a peace officer is
required to effectuate admission of the minor to a
mental health facility.
(f) Within 24 hours after admission under this Section, a psychiatrist
or clinical psychologist who has personally examined the minor shall
certify in writing that the minor meets the standard for admission. If no
certificate is furnished, the minor shall be discharged immediately.
(Source: P.A. 98-975, eff. 8-15-14.)
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(405 ILCS 5/3-505) (from Ch. 91 1/2, par. 3-505)
Sec. 3-505.
The application for admission under Section 3-503 or 3-504
shall contain in large, bold-face type a statement in simple nontechnical
terms of the minor's objection and hearing rights under this Article. A
minor 12 years of age or older shall be given a copy of the application
and his right to object shall be explained to him in an understandable manner.
A copy of the application shall also be given to the person who executed
it, to the minor's parent, guardian or person in loco parentis, and attorney,
if any, and to 2 other persons whom the minor may designate.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-506) (from Ch. 91 1/2, par. 3-506)
Sec. 3-506.
Thirty days after the admission of a minor under Section 3-503
or 3-504, the facility director shall review the minor's record and assess
the need for continuing hospitalization. The facility director shall consult
with the person who executed the application for admission if continuing
hospitalization is indicated and request authorization for continued treatment
of the minor. The request and authorization shall be noted in the minor's
record. Every 60 days thereafter a review shall be conducted and a new
authorization shall be secured from the person who executed the application
for as long as the hospitalization continues. Failure or refusal to authorize
continued treatment shall constitute a request for the minor's discharge.
(Source: P.A. 81-799.)
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(405 ILCS 5/3-507) (from Ch. 91 1/2, par. 3-507)
Sec. 3-507.
(a) Objection may be made to the admission of a minor under
Section 3-503 or 3-504. When an objection is made, the minor shall be
discharged
at the earliest appropriate time, not to exceed 15 days, excluding Saturdays,
Sundays and holidays, unless the objection is withdrawn in writing or unless,
within that time, a petition for review of the admission and 2 certificates
are filed with the court.
(b) The written objection shall be submitted to the facility director of the
facility by an interested person 18 years of age or older on the minor's
behalf or by the minor himself if he is 12 years of age or older. Each
objection shall be noted in the minor's record.
(c) The 2 certificates which accompany the petition shall be executed
pursuant to Section 3-703. Each certificate shall be based upon a personal
examination and shall specify that the minor has a mental illness or an
emotional disturbance of such severity that hospitalization is necessary,
that he can benefit from inpatient treatment, and that a less restrictive
alternative is not appropriate. If the minor is 12 years of age or older
the certificate shall state whether the minor was advised of his rights
under Section 3-208.
(Source: P.A. 85-643.)
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(405 ILCS 5/3-508) (from Ch. 91 1/2, par. 3-508)
Sec. 3-508.
Whenever a parent, guardian, or person in loco parentis
requests the discharge of a minor admitted under Section 3-503 or 3-504,
the minor shall be discharged at the earliest appropriate time, not to exceed
5 days to the custody of such person unless within that time the minor,
if he is 12 years of age or older, or the facility director objects to the
discharge in which event he shall file with the court a petition for
review of the admission accompanied by 2 certificates prepared pursuant
to paragraph (c) of Section 3-507.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-509) (from Ch. 91 1/2, par. 3-509)
Sec. 3-509.
Upon receipt of a petition filed pursuant to Section 3-507
or 3-508, the court shall appoint counsel for the minor and shall set a
hearing to be held within 5 days, excluding Saturdays, Sundays and holidays.
The court shall direct that notice of the time and place of the hearing
be served upon the minor, his attorney, the person who executed the application,
the objector, and the facility director. The hearing shall be conducted
pursuant to Article VIII of this Chapter. Hospitalization of the minor
may continue pending further order from the court.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-510) (from Ch. 91 1/2, par. 3-510)
Sec. 3-510.
(a) The court shall disapprove the admission and order the
minor discharged if it determines that the minor does not have a mental
illness or an emotional disturbance of such a severity that hospitalization
is necessary, or if it determines that he cannot benefit from inpatient
treatment, or if it determines that a
less restrictive alternative is appropriate. If any of these 3
conditions is met, the court shall order the minor discharged
from hospitalization.
(b) If, however, the court finds that the minor does have a mental
illness or an emotional disturbance for which the minor is likely to
benefit from hospitalization, but that a less restrictive alternative is
appropriate, the court may order alternative treatment pursuant to Section 3-812.
(c) Unless the
court orders the
discharge of the minor, the court shall authorize the continued hospitalization
of the minor for the remainder of the admission period or may make such
orders as it deems appropriate pursuant to Section 3-815. When the court
has authorized continued hospitalization, no new objection to the hospitalization
of the minor may be heard for 20 days without leave of the court.
(Source: P.A. 86-922.)
|
(405 ILCS 5/3-511) (from Ch. 91 1/2, par. 3-511)
Sec. 3-511.
Unwillingness or inability of the minor's parent, guardian,
or person in loco parentis to provide for his care or residence shall not
be grounds for the court's refusing to order the discharge of the minor.
In that case, a petition may be filed under the Juvenile Court Act of
1987 to ensure that appropriate care or residence is provided.
(Source: P.A. 85-1209.)
|
(405 ILCS 5/Ch. III Art. V-A heading)
ARTICLE V-A. RIGHT OF MINORS TO CONSENT TO COUNSELING SERVICES OR PSYCHOTHERAPY ON AN OUTPATIENT BASIS(Source: P.A. 100-614, eff. 7-20-18.)
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(405 ILCS 5/3-5A-105) Sec. 3-5A-105. (Renumbered).
(Source: P.A. 100-614, eff. 7-20-18. Renumbered by P.A. 102-558, eff. 8-20-21.) |
(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 | ||
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(2) If the minor does not permit the service | ||
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(3) If the minor permits the service provider to | ||
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(A) the service provider has made at least 2 | ||
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(B) the service provider has obtained the minor's | ||
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(4) If, after the eighth session, the service | ||
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(5) If the minor continues to receive counseling | ||
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(6) When counseling services or psychotherapy are | ||
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(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 | ||
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(2) the failure to provide the counseling services or | ||
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(3) the minor has knowingly and voluntarily sought | ||
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(4) in the opinion of the service provider, the minor | ||
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(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/Ch. III Art. VI heading) ARTICLE VI.
EMERGENCY ADMISSION BY CERTIFICATION
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(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) Sec. 3-600. A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis and in need of immediate hospitalization may be admitted to a
mental health facility pursuant to this Article.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(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 | ||
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2. The name and address of the spouse, parent, | ||
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3. The petitioner's relationship to the respondent | ||
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4. The names, addresses and phone numbers of the | ||
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(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.) |
(405 ILCS 5/3-601.1)
Sec. 3-601.1.
(Repealed).
(Source: P.A. 88-484. Repealed by P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/3-601.2)
Sec. 3-601.2.
Consent to admission by healthcare surrogate.
A
surrogate decision maker under the Health Care Surrogate Act may not consent to
the
admission to a mental health facility of a person who lacks decision making
capacity. A surrogate may, however, petition for involuntary admission
pursuant to this Code. This Section does not affect the authority of a court
appointed guardian.
(Source: P.A. 90-538, eff. 12-1-97.)
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(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
Sec. 3-602.
The petition shall be accompanied by a certificate executed
by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states
that the respondent is subject to involuntary admission on an inpatient basis and requires immediate
hospitalization. The certificate shall indicate that the physician, qualified
examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not
more than 72 hours prior to admission. It shall also contain the physician's,
qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations,
other factual information relied upon in reaching a diagnosis, and a statement
as to whether the respondent was advised of his rights under Section 3-208.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)
Sec. 3-603.
(a) If no physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical
psychologist
is immediately available or it is not possible after a diligent effort to
obtain the certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon presentation
of the petition alone pending the obtaining of such a certificate.
(b) In such instance the petition shall conform to the requirements of
Section 3-601 and further specify that:
1. the petitioner believes, as a result of his | ||
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2. a diligent effort was made to obtain a certificate;
3. no physician, qualified examiner, psychiatrist, or | ||
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4. a diligent effort has been made to convince the | ||
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(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-604) (from Ch. 91 1/2, par. 3-604)
Sec. 3-604.
No person detained for examination under this Article on
the basis of a petition alone may be held for more than 24 hours unless
within that period a certificate is furnished to or by the mental health
facility. If no certificate is furnished, the respondent shall be released forthwith.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)
Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared
pursuant to this Article, the county sheriff of the county in which a
respondent is found shall take a respondent into
custody and transport him to a mental health facility, or may make
arrangements
with another public or private entity including a licensed ambulance service to
transport the respondent to the mental health facility.
In the event it
is determined by such facility that the respondent is in need of commitment
or treatment at another mental health facility, the county sheriff
shall transport the respondent to the appropriate mental health facility,
or the county sheriff may make arrangements with another public or private
entity including a licensed
ambulance service to transport the respondent to the mental health facility.
(b) The county
sheriff
may delegate his duties under subsection (a) to another law enforcement body within
that county if that law enforcement body agrees.
(b-5) In counties with a population under 3,000,000, upon receipt of a petition and certificate prepared pursuant to this Article, the Department shall make arrangements to appropriately transport the respondent to a mental health facility. In the event it is determined by the facility that the respondent is in need of commitment or treatment at another mental health facility, the Department shall make arrangements to appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.
(c) The transporting authority acting in good faith and without negligence
in connection with the transportation of respondents shall incur no liability,
civil or criminal, by reason of such transportation.
(d) The respondent
and the estate of that respondent are liable for the payment
of transportation costs for transporting the respondent to a mental health
facility. If the respondent
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the respondent's
estate and shall not be subject to payment for transportation costs for
transporting the respondent to a mental health facility
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the respondent is unable to pay or if the estate
of the respondent is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount owing has been paid.
If the respondent is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the respondent's insurance
policy.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
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(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606) Sec. 3-606. A peace officer may take a person into custody and transport
him to a mental health facility when
the peace officer has reasonable grounds to believe that the person is
subject to involuntary admission on an inpatient basis and in need of immediate hospitalization
to protect such person or others from physical harm. Upon arrival at the
facility, the peace officer may
complete the petition under Section 3-601. If the petition is not completed by the peace officer transporting the person, the transporting officer's name, badge number, and employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)
Sec. 3-607. Court ordered temporary detention and examination. When, as
a result of personal observation and testimony in open court, any court has
reasonable grounds to believe that a person appearing before it is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such
person or others from physical harm, the court may enter an order for the
temporary detention and examination of such person. The
order
shall set forth in detail the facts which are the basis for its conclusion.
The court may order a peace officer to take the person into custody and
transport him to a mental health facility. The person may be detained for
examination for no more than 24 hours to determine whether or not she or he is subject to involuntary admission and in need of immediate hospitalization. If a petition and certificate are executed within the 24 hours, the person may be
admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization. If the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization, the person may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. The provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section. If no petition or
certificate is executed, the person shall be released.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-608) (from Ch. 91 1/2, par. 3-608)
Sec. 3-608.
Upon completion of one certificate, the facility may begin
treatment of the respondent. However, the respondent shall be informed
of his right to refuse medication and if he refuses, medication shall not
be given unless it is necessary to prevent the respondent from causing serious
harm to himself or others. The facility shall record what treatment
is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-609) (from Ch. 91 1/2, par. 3-609)
Sec. 3-609.
Within 12 hours after his admission, the respondent shall
be given a copy of the petition and a statement as provided in Section
3-206. Not later than 24 hours, excluding Saturdays, Sundays and holidays,
after admission, a copy of the petition and statement shall be given or
sent to the respondent's attorney and guardian, if any. The respondent
shall be asked if he desires such documents sent to any other persons, and
at least 2 such persons designated by the respondent shall receive such
documents. The respondent shall be allowed to complete no less than 2
telephone calls at the time of his admission to such persons as he chooses.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)
Sec. 3-610.
As soon as possible but not later than 24 hours, excluding
Saturdays, Sundays and holidays, after admission of a respondent pursuant
to this Article, the respondent shall be personally examined by a psychiatrist. The
psychiatrist may be a member of the staff of the facility but shall not
be the person who executed the first certificate. If a certificate has already been completed by a psychiatrist following the respondent's admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. If the respondent is
not examined or if the psychiatrist, physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner does not execute a certificate pursuant
to Section 3-602, the respondent shall be released forthwith. For
the purpose of this Section, a personal examination includes an
examination performed in real time (synchronous examination)
via an Interactive Telecommunication System as defined in 89
Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
Telecommunication System may only be used for certification
under this Section when a psychiatrist is not on-site within
the time period set forth in this Section. If the examination
is performed via an Interactive Communication System, that fact
shall be noted on the certificate.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-611) (from Ch. 91 1/2, par. 3-611)
Sec. 3-611.
Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file 2 copies of the petition, the first certificate,
and proof of service of the petition and statement of rights upon the respondent
with the court in the county in which the facility is located. Upon completion
of the second certificate, the facility director shall promptly file it with
the court and provide a copy to the respondent. The facility director shall make copies of the certificates
available to the attorneys for the parties upon request. Upon the filing
of the petition and first certificate, the court shall set a hearing to
be held within 5 days, excluding Saturdays, Sundays and holidays, after
receipt of the petition. The court shall direct that notice of the time
and place of the hearing be served upon the respondent, his responsible
relatives, and the persons
entitled to receive a copy of the petition pursuant to Section 3-609.
(Source: P.A. 98-865, eff. 8-8-14.)
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(405 ILCS 5/Ch. III Art. VII heading) ARTICLE VII. ADMISSION ON AN INPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)
Sec. 3-700.
A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis may be admitted to an inpatient mental health facility upon court order pursuant
to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701) Sec. 3-701. (a) Any person 18 years of age or older may execute a petition
asserting that another person is subject to involuntary admission on an inpatient basis. The
petition shall be prepared pursuant to paragraph (b) of Section 3-601 and
shall be filed with the court in the county where the respondent resides or is
present. (b) The court may inquire of the petitioner whether there are reasonable
grounds to believe that the facts stated in the petition are true and whether
the respondent is subject to involuntary admission. The inquiry may proceed
without notice to the respondent only if the petitioner alleges facts
showing
that an emergency exists such that immediate hospitalization is necessary and
the petitioner testifies before the court as to the factual basis for the
allegations. (c) A petition for involuntary admission on an inpatient basis may be combined with or accompanied by a petition for involuntary admission on an outpatient basis under Article VII-A. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)
Sec. 3-702.
(a) The petition may be accompanied by the certificate
of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies
that the respondent is subject to involuntary admission on an inpatient basis and which contains
the other information specified in Section 3-602.
(b) Upon receipt of the petition either with or without a certificate,
if the court finds the documents are in order, it may make such orders pursuant
to Section 3-703 as are necessary to provide for examination of the respondent.
If the petition is not accompanied by 2 certificates executed pursuant to
Section 3-703, the court may order the respondent to present himself for
examination at a time and place designated by the court.
If the petition is accompanied by 2 certificates executed pursuant to Section
3-703 and the court finds the documents are in order, it shall set the matter
for hearing.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)
Sec. 3-703.
If no certificate was filed, the respondent shall be examined
separately by a physician, or clinical psychologist, advanced practice psychiatric nurse, or qualified examiner
and by a psychiatrist. If a certificate executed by a psychiatrist was
filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist. If a certificate executed by a qualified
examiner, clinical psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist
was filed, the respondent shall be examined by a psychiatrist. The
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other
persons listed in the petition for involuntary admission. If, as a
result of an examination, a certificate is executed, the certificate shall
be promptly filed with the court. If a certificate is executed, the
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may also submit for filing with the court a report in which
his findings are described in detail, and may rely upon such findings for
his opinion that the respondent is subject to involuntary admission on an inpatient basis.
Copies of the certificates shall be made available to the attorneys for the
parties upon request prior to the hearing. A certificate prepared in compliance with this Article shall state whether or not the respondent is in need of immediate hospitalization. However, if both the certificates state that the respondent is not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.
(Source: P.A. 101-587, eff. 1-1-20.)
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(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704) Sec. 3-704. Examination; detention. (a) The respondent shall be permitted to remain in his or her place of
residence
pending any examination. The respondent may be accompanied by one
or more of his or her relatives
or friends or by his or her attorney to the place of examination. If,
however, the
court finds that it is necessary in order to complete the examination the court
may order that the person be admitted to a mental health facility pending
examination and may order a peace officer or other person to transport the
person
there. The examination shall be conducted at a local mental health facility
or hospital or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this Section for more than 24
hours. The person shall be released upon completion of the examination unless
the physician, qualified examiner or clinical psychologist executes a
certificate stating that the person is subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization to protect such person or others from
physical harm. Upon admission under this Section treatment may be given
pursuant to Section 3-608. (a-5) Whenever a respondent has been transported to a mental health
facility for an examination, the admitting facility shall inquire, upon the
respondent's arrival, whether the respondent wishes any person or persons to be
notified of his or her detention at that facility. If the respondent does
wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate
the individual identified by the respondent, or
at least 2 individuals identified by the respondent
if more than one has been identified,
and notify them
of the respondent's detention at the facility for a mandatory examination
pursuant to court order. (b) Not later than 24 hours, excluding Saturdays, Sundays, and holidays,
after admission under this Section, the respondent shall be asked if he
desires the petition and the notice required under Section 3-206 sent to
any other persons and at least 2 such persons designated by the respondent
shall be sent the documents. At the time of his admission the respondent
shall be allowed to complete not fewer than 2 telephone calls to such persons
as he chooses.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-704.1)
Sec. 3-704.1. (Repealed).
(Source: P.A. 91-837, eff. 6-16-00. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-705) (from Ch. 91 1/2, par. 3-705)
Sec. 3-705.
At least 36 hours before the time of the examination fixed
by the court, a copy of the petition, the order for examination, and a statement
of rights as provided in Section 3-205 shall be personally delivered to
the person and shall be given personally or sent by mail to his attorney
and guardian, if any. If the respondent is admitted to a mental health
facility for examination under Section 3-704, such notices may be delivered
at the time of service of the order for admission.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)
Sec. 3-706.
The court shall set a hearing to be held within 5 days,
excluding Saturdays, Sundays and holidays, after its receipt of the second
certificate or after the respondent is admitted to a mental health facility,
whichever is earlier. The court shall direct that notice of the time and
place of hearing be served upon the respondent, his attorney, and guardian,
if any, his responsible relatives, and the facility director.
Unless the respondent is admitted pursuant to Section 3-704, he may remain
at his residence pending the hearing. If, however, the court finds it
necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing.
(Source: P.A. 91-726, eff. 6-2-00.)
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(405 ILCS 5/Ch. III Art. VII-A heading) ARTICLE VII-A. ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-750) Sec. 3-750. Involuntary admission on an outpatient basis. A person 18 years of age or older who is subject to involuntary admission on an outpatient basis may receive alternative treatment in the community or may be placed in the care and custody of a relative or other person upon court order pursuant to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-751) Sec. 3-751. Involuntary admission; petition. (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an outpatient basis. The petition shall be prepared pursuant to paragraph (b) of Section 3-601 and shall be filed with the court in the county where the respondent resides or is present. (b) The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts stated in the petition are true and whether the respondent is subject to involuntary admission on an outpatient basis. (c) A petition for involuntary admission on an outpatient basis may be combined with or accompanied by a petition for involuntary admission on an inpatient basis under Article VII.
(d) Notwithstanding any other provision in this Chapter, a petition may be filed under this Article prior to the expiration of an agreed order for outpatient admission issued pursuant to Section 3-801.5 of this Chapter, provided that the recipient has refused to agree to an extension of the agreed order as provided in subsection (g) of Section 3-801.5. The filing of such a petition at least 5 days prior to the expiration of such an agreed order shall continue the order in effect pending the disposition of the petition. (e) A petition for involuntary outpatient commitment may be filed pursuant to this Section concerning a person who has been admitted to a mental health facility on an informal basis under Section 3-300 of this Code or as a voluntary recipient under Section 3-400 of this Code provided that such a person has a documented history of illness and treatment demonstrating that he or she is unlikely to continue to receive needed treatment following release from informal or voluntary admission and that an order for alternative treatment or for care and custody is necessary in order to ensure continuity of treatment outside a mental health facility. The filing of such a petition shall not prevent the recipient from requesting and obtaining a discharge pursuant to subsection (b) of Section 3-300 or Section 3-404, nor shall it prevent the facility director from discharging the recipient pursuant to Section 3-902 of this Code. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-752) Sec. 3-752. Certificate. (a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies that the respondent is subject to involuntary admission on an outpatient basis. The certificate shall indicate that the physician, qualified examiner, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not more than 72 hours prior to the completion of the certificate. It shall also contain the physician's, qualified examiner's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his or her rights under Section 3-208. (b) Upon receipt of the petition either with or without a certificate, if the court finds the
documents are in order, it may make such orders pursuant to Section 3-753 as are necessary to
provide for examination of the respondent. If the petition is not accompanied by 2 certificates
executed pursuant to Section 3-753, the court may order the respondent to present himself or herself for
examination at a time and place designated by the court. If the petition is accompanied by 2
certificates executed pursuant to Section 3-753 and the court finds the documents are in order, the court
shall set the matter for hearing.
(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-753) Sec. 3-753. Examination. If no certificate was filed, the respondent shall be examined separately by a physician, clinical
psychologist, advanced practice psychiatric nurse, or qualified examiner and by a psychiatrist. If a certificate executed by a
psychiatrist was filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist. If a certificate executed by a qualified examiner, clinical
psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist was filed, the respondent shall be examined
by a psychiatrist. The examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other persons listed in the
petition for involuntary admission. If, as a result of an examination, a certificate is executed, the
certificate shall be promptly filed with the court. If a certificate is executed, the examining
physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or psychiatrist may also submit for filing
with the court a report in which his or her findings are described in detail, and may rely upon such
findings for his opinion that the respondent is subject to involuntary admission. Copies of the
certificates shall be made available to the attorneys for the parties upon request prior to the
hearing.
(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-754) Sec. 3-754. Detention. (a) The respondent shall be permitted to remain in his or her place of residence pending
any examination. The respondent may be accompanied by one or more of his or her relatives or
friends or by his or her attorney to the place of examination. If, however, the respondent refuses
to cooperate with an examination on an outpatient basis, the court may order that the person be
admitted to a mental health facility solely for the purpose of such examination and may order a
peace officer or other person to transport the person there. The examination shall be conducted at
a local mental health facility or hospital or, if possible, in the respondent's own place of
residence. No person may be detained for examination under this Section for more than 24 hours.
The person shall be released upon completion of the examination unless the physician, qualified
examiner or clinical psychologist executes a certificate stating that the person is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect
such person or others from physical harm and a petition is filed pursuant to Section 3-701. Upon
admission under this Section, treatment may be given pursuant to Section 3-608. If the respondent
is admitted on an inpatient basis, the facility shall proceed pursuant to Article VII. (b) Whenever a respondent has been transported to a mental health facility for an
examination, the admitting facility shall inquire, upon the respondent's arrival, whether the
respondent wishes any person or persons to be notified of his or her detention at that facility. If
the respondent does wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate the individual identified
by the respondent, or at least 2 individuals identified by the respondent if more than one has been
identified, and notify them of the respondent's detention at the facility for a mandatory
examination pursuant to court order.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-755) Sec. 3-755. Notice. At least 36 hours before the time of the examination fixed by the court, a copy of the
petition, the order for examination, and a statement of rights as provided in Section 3-205 shall
be personally delivered to the person and shall be given personally or sent by mail to his or her attorney
and guardian, if any. If the respondent is admitted to a mental health facility for examination
under Section 3-754, such notices may be delivered at the time of service of the order for
admission.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-756) Sec. 3-756. Court hearing. The court shall set a hearing to be held within 15 days, excluding Saturdays, Sundays, and
holidays, after its receipt of the second certificate. The court shall direct that notice of the time
and place of hearing be served upon the respondent, his or her attorney, and guardian, if any, and his
or her responsible relatives. The respondent may remain at his residence pending the hearing. If,
however, the court finds it necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/Ch. III Art. VIII heading) ARTICLE VIII.
COURT HEARINGS
|
(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800)
Sec. 3-800.
(a) Unless otherwise indicated, court hearings under this
Chapter shall be held pursuant to this Article. Hearings shall be held
in such quarters as the court directs.
To the extent practical, hearings shall be held in the mental health facility
where the respondent is hospitalized. The respondent may
request to have the proceedings transferred to the county of his or her residence. The court shall grant the request if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness.
(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court. Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
(c) Court hearings under this Chapter, including hearings under Section
2-107.1, shall be open to the press and public unless the
respondent or some other party requests that they be closed. The court may
also indicate its intention to close a hearing, including when it determines
that the respondent may be unable to make a reasoned decision to request that
the
hearing be closed. A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by a party or any
other person. If
an objection is made, the court shall not close the hearing unless, following a
hearing, it determines that the patient's interest in having the hearing closed
is compelling. The court shall support its determination with written findings
of fact and conclusions of law. The court shall not close the hearing if the
respondent objects to its closure. Whenever a court determines that a hearing
shall be closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the parties involved
in the hearing, court personnel, and any person or agency providing mental
health services that are the subject of the hearing. Access may also
be granted, however, pursuant to the provisions of the Mental Health and
Developmental
Disabilities Confidentiality Act. (d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under this Code to determine if the defendant is: (1) in need of mental health services on an inpatient | ||
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(2) in need of mental health services on an | ||
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(3) not in need of mental health services. While the impact statement to the court allowed under this subsection (d) may include the impact that the respondent's criminal conduct has had upon the victim, victim's representative, or victim's family or household member, the court may only consider the impact statement along with all other appropriate factors in determining the: (i) threat of serious physical harm posed by the | ||
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(ii) location of inpatient or outpatient mental | ||
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(iii) maximum period of commitment for inpatient | ||
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(iv) conditions of release for outpatient mental | ||
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(e) Notwithstanding the provisions of Section 2-1009 of the Code of Civil Procedure, a respondent may object to a motion for voluntary dismissal and the court may refuse to grant such a dismissal for good cause shown. (Source: P.A. 99-220, eff. 7-31-15.)
|
(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801) Sec. 3-801. A respondent may request admission as an informal or voluntary
recipient at any time prior to an adjudication that he is subject to
involuntary admission on an inpatient or outpatient basis.
The facility director shall approve such a request unless the facility
director
determines
that the respondent lacks the capacity to consent to informal or voluntary
admission or
that informal or voluntary admission is clinically inappropriate. The director
shall not
find that voluntary admission is clinically inappropriate in the absence of a
documented
history of the respondent's illness and treatment demonstrating that the
respondent is
unlikely to continue to receive needed treatment following release from
informal or
voluntary admission and that an order for involuntary admission on an outpatient basis is
necessary in order to ensure continuity of
treatment outside a mental health facility.
If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her right to object thereto, if the petitioner has requested such notification on that individual recipient. The court may dismiss the pending proceedings, but shall consider any objection made by the petitioner, the respondent, or the State's Attorney and may require proof that such
dismissal is in the best interest of the respondent and of the public.
If voluntary admission is accepted and the petition is dismissed by the court, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-801.5) Sec. 3-801.5. Agreed order for admission on an outpatient basis. (a) At any time before the conclusion of the hearing and the entry of the
court's
findings, a respondent may enter into an agreement to be subject to an order
for
admission on an outpatient basis as provided for in Sections 3-811,
3-812, and 3-813 of this Code, provided that: (1) The court and the parties have been presented | ||
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(2) The court advises the respondent of the | ||
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(3) The proposed custodian is advised of the | ||
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(4) No such order may require the respondent to be | ||
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(5) No order may include as one of its conditions the | ||
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(b) An agreed order of care and custody entered pursuant to this Section may
grant the custodian the authority to admit a respondent to a hospital if the
respondent fails
to comply with the conditions of the agreed order. If necessary in order to
obtain the
hospitalization of the respondent, the custodian may apply to the court for an
order
authorizing an officer of the peace to take the respondent into custody and
transport the
respondent to the hospital specified in the agreed order. The provisions of
Section 3-605
of this Code shall govern the transportation of the respondent to a mental
health facility,
except to the extent that those provisions are inconsistent with this Section.
However, a
person admitted to a hospital pursuant to powers granted under an agreed order
for care
and custody shall be treated as a voluntary recipient pursuant to Article IV of
this Chapter
and shall be advised immediately of his or her right to request a discharge
pursuant to
Section 3-403 of this Code. (c) If the court has appointed counsel for the respondent pursuant to
Section 3-805
of this Code, that appointment shall continue for the duration of any order
entered under
this Section, and the respondent shall be represented by counsel in any
proceeding held
pursuant to this Section. (d) An order entered under this Section shall not constitute a finding that
the
respondent is subject to involuntary admission on an inpatient or outpatient basis. (e) Nothing in this Section shall be deemed to create an agency relationship
between the respondent and any custodian appointed pursuant to this Section. (f) Notwithstanding any other provision of Illinois law, no respondent may
be
cited for contempt for violating the terms and conditions of his or her agreed
order of care
and custody.
(g) An order entered under this Section may be extended with the agreement of the parties for additional 180-day periods. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) |
(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802) Sec. 3-802. The respondent is entitled to a jury on the question of
whether he is subject to involuntary admission on an inpatient or outpatient basis. The jury shall consist
of 6 persons to be chosen in the same manner as are jurors in other civil
proceedings.
A respondent is not entitled to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under Section 2-107.1.(Source: P.A. 95-172, eff. 8-14-07; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-803) (from Ch. 91 1/2, par. 3-803)
Sec. 3-803.
The court may appoint one or more physicians, qualified
examiners, clinical psychologists or other experts to examine the respondent
and make a detailed written report of his findings regarding the respondent's
condition. Any such physician or other examiner so appointed may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission. The report shall be filed
with the court and copies shall be made available to the attorneys for
the parties.
(Source: P.A. 85-558.)
|
(405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804)
Sec. 3-804.
The respondent is entitled to secure an independent examination
by a physician, qualified examiner, clinical psychologist or other expert
of his or her choice. If the respondent is unable to obtain an examination in an involuntary admission proceeding, a discharge proceeding under Section 3-901 of this Code, or in a proceeding under Section 2-107.1 of this Code, the respondent
may request that the court order an examination to be made by a physician, qualified examiner,
clinical psychologist, or other expert. Any such physician or other
examiner, whether secured by the respondent or appointed by the court, may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission, the petition for discharge under Section 3-901 of this Code, or in the petition for medication or therapy under Section 2-107.1 of this Code. The physician or other examiner
may submit to the court a report in which his or her findings are described in
detail. The court must determine the compensation of the examiner or other expert. The compensation must be paid by the respondent's county of residence unless the respondent is not a resident of this State, in which case the fee must be paid by the county in which the proceeding is pending.
(Source: P.A. 98-853, eff. 1-1-15.)
|
(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805) Sec. 3-805. Every respondent alleged to be subject to involuntary
admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him. A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel. Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes is necessary. 1. If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Mental Health Advocacy Commission, if available. 2. If an attorney from the Guardianship and Mental Health Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State. 3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is unable to pay.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-806) (from Ch. 91 1/2, par. 3-806)
Sec. 3-806.
Presence at hearing; location.
(a) The respondent shall be present at any hearing held under
this Act unless his attorney waives his right to be present and the court
is satisfied by a clear showing that the respondent's attendance would subject
him to substantial risk of serious physical or emotional harm.
(b) The court shall make reasonable accommodation of any request by the
recipient's attorney concerning the location of the hearing. If the
recipient's attorney advises the court that the recipient refuses to attend,
the hearing may proceed in his or her absence.
(c) No inference may be drawn from the recipient's non-attendance pursuant
to either subsection (a) or (b) of this Section.
(Source: P.A. 89-439, eff. 6-1-96.)
|
(405 ILCS 5/3-806.1) Sec. 3-806.1. Video conferencing. (a) Notwithstanding the provisions in Section 3-806, the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in all hearings under this Chapter subject to the following provisions: (1) Such hearings are permitted if the parties, | ||
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(2) Such hearings are permitted if the respondent and | ||
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(3) Video conferencing under this subsection (a) | ||
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(b) Notwithstanding the above provisions, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting such testimony.
(Source: P.A. 96-1321, eff. 1-1-11.) |
(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807) Sec. 3-807. No respondent may be found subject to involuntary admission
on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical
psychologist, advanced practice psychiatric nurse, or qualified examiner who has examined the respondent testifies in person at the hearing. The
respondent may waive the requirement of the testimony subject to the
approval of the court.(Source: P.A. 101-587, eff. 1-1-20.) |
(405 ILCS 5/3-808) (from Ch. 91 1/2, par. 3-808) Sec. 3-808. No respondent may be found subject to involuntary admission
on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809) Sec. 3-809. If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis,
the court shall dismiss the petition and order the respondent discharged.
If the respondent is found subject to involuntary admission on an inpatient or outpatient basis, the court shall
enter an order so specifying. If the court is not satisfied with the verdict
of the jury finding the respondent subject to involuntary admission on an inpatient or outpatient basis, it
may set aside such verdict and order the respondent discharged or it may
order another hearing.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810) Sec. 3-810. Before disposition is determined, the facility director
or such other person as the court may direct shall prepare a written report
including information on the appropriateness and availability of alternative
treatment settings, a social investigation of the respondent, a preliminary
treatment plan, and any other information which the court may order.
The treatment plan shall describe the respondent's problems and needs, the
treatment goals, the proposed treatment methods, and a projected timetable for
their attainment. If the respondent is found subject to involuntary admission on an inpatient or outpatient basis,
the court shall consider the report in determining an appropriate disposition.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) Sec. 3-811. Involuntary admission; alternative mental health facilities. (a) If any person is found subject to involuntary admission on an inpatient basis, the court shall
consider alternative mental health facilities which are appropriate for and
available to the respondent, including but not limited to hospitalization. The
court may order the respondent to undergo a program of hospitalization in a
mental health facility designated by the Department, in a licensed private hospital or private
mental health facility if it agrees, or in a facility of the United
States
Veterans Administration if it agrees. If any person is found subject to involuntary admission on an outpatient basis, the court may order the respondent
to undergo a program of alternative treatment; or the court may place the
respondent
in the care and custody of a relative or other person willing and able to
properly care for him or her. The court shall order the least
restrictive alternative for treatment which is appropriate. (b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d). (c) An order that a person is found subject to involuntary admission on an inpatient basis does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient. (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.) |
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) Sec. 3-812. Court ordered admission on an outpatient basis; modification;
revocation. (a) If a respondent is found subject to involuntary admission on an outpatient basis, the court may issue an order: (i) placing the respondent in the care and custody of a relative or other
person willing and able to properly care for him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider. (b) An order placing the respondent in the care and custody of a relative or other person shall
specify the powers and duties of the custodian. An order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a respondent to a hospital if the
respondent fails to comply with the conditions of the order. If necessary in order to obtain the
hospitalization of the respondent, the custodian may apply to the court for an order authorizing an
officer of the peace to take the respondent into custody and transport the respondent to a mental health facility. The provisions of Section 3-605 shall govern
the transportation of the respondent to a mental health facility, except to the extent that those
provisions are inconsistent with this Section. No person admitted to a hospital pursuant to this
subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays,
unless, within that period, a petition for involuntary admission on an inpatient basis and a
certificate supporting such petition have been filed as provided in Section 3-611. (c) Alternative treatment shall not be ordered unless the program being
considered is capable of providing adequate and humane treatment in the least
restrictive setting which is appropriate to the respondent's condition. The court shall have continuing authority to modify an order for
alternative treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment. Prior to modifying
such an order, the court shall receive a report from the facility director
of the program specifying why the alternative treatment is unsuitable. The
recipient shall be notified and given an opportunity to respond when
modification of the order for alternative treatment is considered. If the court determines that the
respondent has violated the order for alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate assurances for the safety of the
respondent or others, the court may revoke the order for alternative treatment in the community
and
may order a peace officer to take the recipient into custody and transport him to an inpatient
mental health facility. The provisions of
Section 3-605 shall govern the transportation of the respondent to a mental health
facility, except to the extent that those provisions are inconsistent with this Section. No person
admitted to a hospital pursuant to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within that period, a petition for involuntary
admission on an inpatient basis and a certificate supporting such petition have been filed as
provided in Section 3-611.(Source: P.A. 98-221, eff. 1-1-14.) |
(405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) Sec. 3-813. (a) An initial order for commitment on an inpatient basis shall be for a
period not to exceed 90 days. Prior to the expiration of the
initial order
if the facility director believes that the recipient continues to be
subject to involuntary admission on an inpatient or outpatient basis, a new petition and 2 new certificates may
be filed with the court. If a petition is filed, the facility director
shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he is
benefiting from treatment. If no petition is filed prior to the expiration
of the initial order, the recipient shall be discharged. Following a hearing,
the court may order a second period of commitment on an inpatient basis not to exceed 90
days only if it finds that the recipient continues to be subject to
involuntary admission on an inpatient basis. If, following a hearing, the court determines that
the respondent is subject to involuntary admission on an outpatient basis as provided in Section
3-812, the court may order the respondent committed on an outpatient basis for a
period not to exceed 180 days. (a-1) An initial order of commitment on an outpatient basis shall be for a period not to
exceed 180 days. Prior to the expiration of the initial order, if the facility director or the custodian
believes that the recipient continues to be subject to involuntary admission on an outpatient basis,
a new petition and 2 new certificates may be filed with the court. If a petition is filed, the facility
director or the custodian shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he or she is benefiting from treatment. If
no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.
Following a hearing, the court may order a second period of commitment on an outpatient basis
not to exceed 180 days only if it finds that the recipient continues to be subject to involuntary
admission on an outpatient basis. (b) Additional 180 day periods of inpatient or outpatient commitment may be sought pursuant to
the procedures set out in this Section for so long as the recipient continues
to meet the standard for such commitment. The provisions of this chapter which
apply whenever an initial order is sought shall apply whenever an
additional period of inpatient or outpatient commitment is sought.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814)
Sec. 3-814.
Treatment plan.
(a) Not more than 30 days after admission under this Article,
the facility director shall file with the court a current treatment plan which
shall include: all the requirements listed in Section 3-209, an evaluation of the recipient's progress and the extent to
which he is benefiting from treatment, the criteria which form the basis for
the determination that the patient is
subject to involuntary admission as defined in Section 1-119, and the specific
behaviors or conditions that demonstrate that the recipient meets these
criteria for continued confinement.
If the facility director is unable to determine any of the required
information, the treatment plan shall include an explanation of why the
facility director is unable to make this determination, what the facility
director is doing to enable himself or herself to determine the information,
and the date by which the facility director expects to be able to make this
determination. The facility director shall forward a copy of the plan to the
State's Attorney, the recipient's attorney, if the recipient is represented by
counsel, the recipient, and any guardian of the recipient.
(b) The purpose of the filing, forwarding, and review of treatment plans
and treatment is to ensure that the recipient is receiving adequate and humane
care and services as defined in Section 1-101.2 and to ensure that the
recipient
continues to meet the standards for involuntary confinement.
(c) On request of the recipient or an interested person on his behalf, or on
the court's own initiative,
the court shall review the current treatment
plan
to determine whether its contents comply with the requirements of this
Section and Section 3-209.
A request to review the current treatment plan may be made by the recipient,
or by an interested person on his behalf, 30 days after initial commitment
under Section 3-813, 90 days after the initial commitment, and 90 days after
each additional period of commitment under subsection (b) of Section 3-813.
If the court determines that any of the information required by this Section
or Section 3-209 to be included in the treatment plan is not in the treatment
plan or that the treatment plan does not contain information from which the
court can determine whether the recipient continues to meet the criteria for
continued confinement, the court shall indicate what is lacking and order the
facility director to revise the current treatment plan to comply with this
Section and Section 3-209.
If the recipient has been ordered committed to the facility after
he has been found not guilty by reason of insanity, the treatment plan and
its review shall be subject to the provisions of Section 5-2-4 of the
Unified Code of Corrections.
(d) The recipient or an interested person on his or her behalf may request
a
hearing or the court on its own motion may order a hearing to review the
treatment being received by the recipient. The court, the recipient, or the
State's Attorney may call witnesses at the hearing.
The court may order any public agency, officer, or
employee to render such information, cooperation, and assistance as is within
its legal authority and as may be appropriate to achieve the objectives
of this Section. The
court may order an independent examination on
its own initiative and shall order such an evaluation if either the recipient
or the State's Attorney so requests and has demonstrated to the court that the
plan cannot be effectively reviewed by the court without such an examination.
Under no circumstances shall the court be required to order an independent
examination pursuant to this Section more than once each year. The examination
shall be conducted by persons authorized to conduct independent examinations
under Section 3-804. If
the court is satisfied that the recipient is benefiting from treatment, it may
continue the original order for the remainder of the admission period. If the
court is not so satisfied, it may modify its original order or
it may order the recipient discharged.
(e) In lieu of a treatment plan, the facility director may file a typed
summary of the treatment plan which contains the information required under
Section 3-209 and subsection (a) of this Section.
(Source: P.A. 91-536, eff. 1-1-00.)
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(405 ILCS 5/3-815)
Sec. 3-815. (Repealed).
(Source: P.A. 86-1402. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
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(405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
Sec. 3-816.
Final orders; copies; appeal.
(a) Every final order entered by the court under this Act
shall be in writing and shall be accompanied by a statement on the record
of the court's findings of fact and conclusions of law. A copy of such
order shall be promptly given to the recipient or his or her attorney and
to the
facility director of the facility or alternative treatment to which the
recipient is admitted or to the person in whose care and
custody the recipient is placed.
(b) An appeal from a final order may be taken in the same manner as in
other civil cases. Upon entry of a final order, the court shall notify
the recipient orally and in writing of his or her right to appeal and, if
he
or she is indigent,
of his or her right to a free transcript and counsel. The cost of the
transcript shall be paid pursuant to subsection (c) of Section 3-818 and
subsection (c) of Section 4-615
of this Code. If the recipient
wishes to appeal and is unable to obtain counsel, counsel shall be
appointed pursuant to Section 3-805.
(Source: P.A. 90-765, eff. 8-14-98.)
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(405 ILCS 5/3-817) (from Ch. 91 1/2, par. 3-817)
Sec. 3-817.
A verbatim record shall be made of all judicial hearings
held pursuant to this Chapter.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818)
Sec. 3-818. Fees; costs.
(a) Fees for jury service, witnesses, and service and execution
of process are the same as for similar services in civil proceedings.
(b) Except as provided under subsection (c) of this Section, the court
may assess costs of the proceedings against the parties.
If the respondent is not a resident of the county in which the hearing is
held and the party against whom the court would otherwise assess costs has
insufficient funds to pay the costs, the court may enter an order upon the
State to pay the cost of the proceedings, from funds appropriated by the
General Assembly for that purpose.
(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code. Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Comptroller.
(Source: P.A. 95-146, eff. 1-1-08.)
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(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819)
Sec. 3-819. (a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order
may authorize a relative or friend of the recipient to transport the recipient
to the facility if such person is able to do so safely and humanely. When
the Department indicates that it has transportation to the facility available,
the order may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such proceedings
are held to transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental health facility, and
it is determined by the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall determine whether
a relative or friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the county sheriff
is responsible for transporting the recipient between facilities. The sheriff
may make arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the facility. The
transporting entity acting in good faith and without negligence in connection
with the transportation of recipients shall incur no liability, civil or
criminal, by reason of such transportation.
(a-5) In counties with a population under 3,000,000, when a recipient is hospitalized upon court order, the order may authorize a relative or friend of the recipient to transport the recipient to the facility if the person is able to do so safely and humanely. The court may order the Department to transport the recipient to the facility. When a recipient is hospitalized upon court order, and the recipient has been transported to a mental health facility other than a State-operated mental health facility, and it is determined by the facility that the recipient is in need of commitment or treatment at another mental health facility, the court shall determine whether a relative or friend of the recipient is authorized to transport the recipient between facilities, or whether the Department is responsible for transporting the recipient between facilities. If the court determines that the Department is responsible for the transportation, the Department shall make arrangements either directly or through agreements with another public or private entity, including a licensed ambulance service, to appropriately transport the recipient to the facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the recipient is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the recipient and (ii) that the recipient's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant-in-aid or fee-for-service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation. A transporting entity acting in good faith and without negligence in connection with the transportation of a recipient incurs no liability, civil or criminal, by reason of that transportation.
(b) The transporting entity may
bill the recipient,
the estate of the recipient, legally responsible relatives, or insurance
carrier for the cost of providing transportation of the recipient to a mental
health facility. The recipient and the estate of the recipient are liable
for the payment of transportation costs for transporting the recipient to a
mental health facility. If the recipient is a beneficiary of a trust
described in Section 509 of the Illinois Trust Code, the trust shall
not be considered a part of the recipient's estate and shall not be subject
to payment for transportation costs for transporting the recipient to a
mental health facility under this section, except to the extent permitted
under Section 509 of the Illinois Trust Code. If the recipient is
unable to pay or if the estate of the recipient is insufficient, the
responsible relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been paid. If
the recipient is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the recipient's insurance
policy.
(c) Upon the delivery of a recipient to a facility, in accordance with the
procedure set forth in this Article, the facility director of the facility
shall sign a receipt acknowledging custody of the recipient and for any
personal property belonging to him, which receipt shall be filed with the clerk
of the court entering the hospitalization order.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.)
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(405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820)
Sec. 3-820.
Domestic violence; order of protection.
An order
of protection, as defined in the Illinois Domestic Violence Act of 1986, may be
issued in conjunction
with a proceeding for involuntary commitment if the petition for an order
of protection alleges that a person who is party to or the subject of the
proceeding has been abused by or has abused a family or household member.
The Illinois Domestic Violence Act of 1986 shall govern the issuance,
enforcement, and recording of orders of protection issued
under this Section.
(Source: P.A. 92-16, eff. 6-28-01.)
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(405 ILCS 5/Ch. III Art. IX heading) ARTICLE IX.
DISCHARGE RESTORATION TRANSFER
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(405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900) Sec. 3-900. (a) Any person committed on an inpatient or outpatient basis on court order under this Chapter
or under any prior statute or any person on his behalf may file a petition for
discharge at any time in the court of the county where the recipient resides or
is found. (b) The petition shall set forth: (1) the name of the recipient; (2) the
underlying circumstances and date of the order; (3) a request for discharge
from the order; and (4) the reasons for such request.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901) Sec. 3-901. (a) Upon the filing of a petition under Section 3-900 or
Section 3-906, the court shall set the matter for hearing to be held within
5 days, excluding Saturdays, Sundays, and holidays. The court shall direct
that notice of the time and place of the hearing be given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate. (b) Article VIII of this Chapter applies to hearings held under this
Section. The court shall
determine whether the recipient is: (i) subject to involuntary admission on an inpatient basis; (ii)
subject to involuntary admission on an outpatient basis; or (iii) not subject to involuntary
admission on either an inpatient or outpatient basis. If the court finds that the recipient is not subject to involuntary
admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability. A copy of any order discharging the recipient shall be given
to the recipient and to the facility director. (b-1) If the court determines that the recipient is subject to involuntary admission on an
outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812. (c) If the court determines that the recipient continues to be subject to
involuntary admission on an inpatient basis, the court may continue or modify its original order in
accordance with this Act. Thereafter, no new petition for discharge may be
filed without leave of court.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902) Sec. 3-902. Director initiated discharge. (a) The facility director may at any time discharge an informal,
voluntary, or minor recipient who is clinically suitable for discharge. (b) The facility director shall discharge a recipient admitted upon court
order under this Chapter or any prior statute where he is no longer subject
to involuntary admission on an inpatient basis. If the facility director believes that continuing
treatment is advisable for such recipient, he shall inform the recipient of his
right to remain as an informal or voluntary recipient. If the facility director determines that the recipient is subject to involuntary admission
on an outpatient basis, he or she shall petition the court for such a commitment pursuant to this Chapter. (c) When a facility director discharges or changes the status of a recipient
pursuant to this Section he shall promptly notify the clerk of the court
which entered the original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the action taken in
the court record. If the person being discharged is a person under legal
disability, the facility director shall also submit a certificate regarding his
legal status without disability pursuant to Section 3-907. (d) When the facility director determines that discharge is appropriate
for a recipient pursuant to this Section or Section 3-403 he or she shall
notify the state's attorney of the county
in which the recipient resided immediately prior to his admission to a mental
health facility and the state's attorney of the county where the last
petition for commitment was filed at least 48 hours prior to the discharge when
either state's attorney has requested in writing such notification on that
individual recipient or when
the facility director regards a recipient as a continuing threat to the peace
and safety of the community. Upon receipt of such notice, the state's attorney
may take any court action or notify such peace officers that he deems
appropriate. When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403, he or she shall notify the person whose petition pursuant to Section 3-701 resulted in the current hospitalization of the recipient's discharge at least 48 hours prior to the discharge, if the petitioner has requested in writing such notification on that individual recipient. (e) The facility director may grant a temporary release to a recipient whose
condition is not considered appropriate for discharge where such release
is considered to be clinically appropriate, provided that the release does
not endanger the public safety.(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) |
(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.)
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(405 ILCS 5/3-904) (from Ch. 91 1/2, par. 3-904)
Sec. 3-904.
Any person with mental illness admitted to a facility or placed
in the care and custody of another person under any prior statute of this
State is subject to this Chapter and may be discharged in accordance with
its provisions.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-905) (from Ch. 91 1/2, par. 3-905)
Sec. 3-905.
Nothing in this Chapter shall deprive any person of the benefits
of relief by habeas corpus. If the court issuing the
order of habeas corpus grants relief, a copy of the order shall
be sent to the court which entered the order of admission and the clerk
of the court shall file the order in the court record.
(Source: P.A. 83-346.)
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(405 ILCS 5/3-906) (from Ch. 91 1/2, par. 3-906)
Sec. 3-906.
(a) Any person who has been adjudicated to be a person under
legal disability in any proceedings under any prior mental health statute of
this State or any person on his behalf may file at any time a petition for
modification of the guardianship order of the court or for restoration to legal
status without disability. The petition may be filed in the court which
adjudicated the person to be under legal disability or in the court of the
county where he resides or is present. The petition may be accompanied by a
certificate of a physician, qualified examiner, or clinical psychologist or by
a notice of discharge issued pursuant to this Chapter. The certificate shall
indicate the extent to which the recipient is capable of managing his person
and estate. If no certificate accompanies the petition, the court may appoint
a physician, qualified examiner, or clinical psychologist to examine the
recipient and prepare a certificate regarding his status without disability.
(b) The procedures for conduct of hearings set forth in Article VIII of
this Chapter apply to hearings held under this Section.
(Source: P.A. 88-380.)
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(405 ILCS 5/3-907) (from Ch. 91 1/2, par. 3-907)
Sec. 3-907.
Any person who is under legal disability
solely by reason
of a court order adjudicating him mentally ill entered prior to January
1, 1964, shall be deemed to be a person under no legal disability 180
days from the effective
date of this Act unless, prior to that date, a hearing is held pursuant
to the provisions of the Probate Act of 1975, approved August 7, 1975, as
now or hereafter amended, and a guardian is appointed.
(Source: P.A. 83-706.)
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(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908)
Sec. 3-908. Application for transfer of recipient to another Department facility. (a) The facility director of any Department facility may transfer
a recipient to another Department facility if he determines the transfer to be
clinically advisable and consistent with the treatment needs of the recipient. (b) A recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. The Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. A recipient of services shall not include a person with the primary diagnosis of a developmental disability. (c) Upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days under Section 3-207. The hearing shall be held at the recipient's current facility. (d) At the hearing the recipient shall have the burden of proving that: (1) the facility to which the recipient is requesting | ||
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(2) the transfer does not threaten the safety of the | ||
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If the utilization review committee finds that the recipient has sustained his burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. If it does not so find, it shall recommend that the recipient not be transferred. If the transfer to a less restricted facility cannot be executed due to lack of beds, the transferring facility shall inform the recipient and his petitioning attorney or guardian, in writing, and provide an estimated time frame for the transfer. (e) If a recipient's application for transfer is denied, no application may be filed for 180 days. The recipient does, however, have the right to administratively appeal any decision of the utilization review committee.
(Source: P.A. 102-593, eff. 8-27-21.)
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(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted
to alternative treatment or care and custody under Article VIII of this Chapter
may at any time petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to the care and
custody of a different person. His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf. If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody. Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities. Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities. Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody. Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may be ordered
under this Section. An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient.
(Source: P.A. 97-130, eff. 7-14-11.)
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(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)
Sec. 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.)
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(405 ILCS 5/3-911) Sec. 3-911. Aftercare plan. (a) The Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient's conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient's discharge from the facility.
The written aftercare plan shall include, to the extent known, all of the following components: (1) the nature of the illness and followup required; (2) medications including side effects and dosage | ||
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(3) if the recipient was given an informed consent | ||
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(4) expected course of recovery; (5) recommendations regarding treatment that is | ||
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(6) referrals to providers of medical and mental | ||
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(7) other relevant information. (b) The recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.
(Source: P.A. 102-420, eff. 1-1-22.) |
(405 ILCS 5/Ch. III Art. X heading) ARTICLE X.
VETERANS ADMINISTRATION FACILITIES
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(405 ILCS 5/3-1000) (from Ch. 91 1/2, par. 3-1000)
Sec. 3-1000.
(a) A person may be admitted pursuant to any of the provisions
of this Chapter to a mental health facility of the United States government
when the facility determines that services for the person are available
and that the person is eligible to receive them. A person so admitted is
subject to the rules and regulations of the Veterans Administration or other
agency of the United States government which operates the facility in which
such treatment is provided.
(b) The chief officer of such facility has with respect to a person admitted
under this Chapter, the same powers and duties as the facility director.
(c) A person employed by the Veterans Administration as a physician may
perform the functions of a physician under this Act insofar as relates to
a person who is or is proposed to be admitted to a Veterans Administration facility.
(Source: P.A. 80-1414.)
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(405 ILCS 5/3-1001) (from Ch. 91 1/2, par. 3-1001)
Sec. 3-1001.
The courts of this State retain jurisdiction over persons
admitted under this Article for purposes of enforcing the provisions of this Act.
(Source: P.A. 80-1414.)
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