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Illinois Compiled Statutes
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MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/Ch. IV Art. III
(405 ILCS 5/Ch. IV Art. III heading)
ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
405 ILCS 5/4-300
(405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300)
Sec. 4-300.
(a) No person may be administratively admitted to any
facility including Chester Mental Health Center, unless an
adequate diagnostic evaluation of his current condition has been conducted
to determine his suitability for admission. Prior to an administrative
admission, the person may be admitted to a facility for not more than 14
days for such evaluation.
(b) The evaluation shall include current psychological, physical,
neurological, social, educational or vocational, and developmental
evaluations. It shall
be conducted under the supervision of qualified professionals including
at least one physician and either one clinical psychologist or one
clinical social worker. Any tests which require
language familiarity shall be conducted in the person's primary language.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-301
(405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301)
Sec. 4-301.
Report and recommendation.
(a) A report of the evaluation results shall include
a description of the person's disability and need for services, if any;
a description of the methods of evaluation used; an evaluation of the ability
of the family to meet the needs of the person and a recommendation as to
the supportive services the family may need; a recommendation as to the
least restrictive living arrangement appropriate for the person; and the
names and positions of the persons who conducted the evaluations.
(b) The report shall be signed by at least one clinical psychologist
or clinical social worker and one physician who have personally examined
the person to be admitted. If the report does not recommend admission to a
residential facility or to the facility to which admission is sought, a
written explanation of the reasons therefor shall be included. A summary
of the report shall be given to the person who executed the application.
(Source: P.A. 87-530.)
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405 ILCS 5/4-302
(405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)
Sec. 4-302.
A person with a developmental disability may be administratively
admitted to a facility upon application if the facility director of the
facility determines that he is suitable for admission. A person 18 years
of age or older, if he has the capacity, or his guardian, if he is authorized
by the guardianship order of the Circuit Court, may execute an application
for administrative admission. Application may be executed for a person
under 18 years of age by his parent, guardian, or person in loco parentis.
(Source: P.A. 88-380.)
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405 ILCS 5/4-303
(405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303)
Sec. 4-303.
(a) The application shall include the name and address of
the person to be admitted; the name and address of his spouse, nearest adult
relative, and guardian, or if none, friend; the name and address of
the person executing the application and his relationship to the person
to be admitted; and a short statement explaining the reason for the application.
(b) The application form shall contain in large type and simple language
the substance of Sections 4-302, 4-305, 4-306 and 4-700. The rights set
forth in the application shall be explained to the person to be admitted
if he is 12 or older and to the person who executed the application.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-304
(405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304)
Sec. 4-304.
A person may be admitted pursuant to the recommendation of
the diagnostic report. At the time of admission, a clear written statement
and oral explanation of the procedures for discharge, transfer and objection
to admission shall be given to the person if he is 12 years of age or older
and to the person who executed the application. Within 3 days of the admission,
notice of the admission and an explanation of the objection procedure shall
be sent or given to the persons specified in Section 4-206.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-305
(405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305)
Sec. 4-305.
(a) Any interested person on behalf of a client or a client
himself if he is 12 years of age or older may object to an administrative,
diagnostic or temporary admission under this Article. An objection may
be made at any time following the admission, but once an objection has been
heard, no subsequent objection may be made for 6 months without leave of the court.
(b) An objection shall be submitted in writing to the facility director
of the facility.
(Source: P.A. 80-1414 .)
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405 ILCS 5/4-306
(405 ILCS 5/4-306) (from Ch. 91 1/2, par. 4-306)
Sec. 4-306.
(a) A client 18 years of age or over, who is not under guardianship,
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 submits a written objection to the facility director, unless he either
withdraws the objection in writing or unless within the 5 day period a petition
and certificate conforming to the requirements of Section 4-501 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 VI of this Chapter. Admission of the client may continue pending
further order of the court. In all other objections to admission under
this Article, paragraph (b) of this Section and Sections 4-307 and 4-308 shall apply.
(b) Unless the objection is withdrawn in writing or the client is discharged,
the facility director shall file a petition for review of the admission
with the court within 5 days of submission of the objection, excluding Saturdays,
Sundays and holidays as provided in Sections 4-307 and 4-308. The facility
director shall also file the report of the client's diagnostic evaluation
and current habilitation plan with the court.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-307
(405 ILCS 5/4-307) (from Ch. 91 1/2, par. 4-307)
Sec. 4-307.
Upon the filing of the petition, the court 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 client, his attorney, the objector, the person who executed
the application, and the facility director of the facility. The hearing
shall be conducted pursuant to Article VI of this Chapter.
(Source: P.A. 86-820.)
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405 ILCS 5/4-308
(405 ILCS 5/4-308) (from Ch. 91 1/2, par. 4-308)
Sec. 4-308.
(a) If the court finds that the client is not a person with a
developmental disability, that he is not in need of the services which are
available at the facility, or that a less restrictive alternative is
appropriate, it shall disapprove the admission and order the client discharged.
If the client is in a Department facility and the court finds that he or she
is a person with a developmental disability but that he is not in need of the
services which are available at the facility or that a less restrictive
alternative is appropriate, the court may order him transferred to a more
appropriate Department facility. If the person who executed the application for
admission objects to the transfer, the court shall order the client discharged.
(b) Unless the court orders the discharge or transfer of the client, the
facility may continue to provide the client with residential and habilitation
services.
(c) Unwillingness or inability of the client'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 discharge. In that event, a petition may
be filed under the Juvenile Court Act of 1987 or the Probate Act of
1975, approved August 7, 1975, as now or hereafter amended, to ensure that
appropriate care and residence are provided.
(Source: P.A. 88-380.)
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405 ILCS 5/4-309
(405 ILCS 5/4-309) (from Ch. 91 1/2, par. 4-309)
Sec. 4-309.
Habilitation plan.
(a) Within 14 days of admission, the facility shall prepare a written
habilitation plan consistent with the client's diagnosis and needs. The
Department shall fully implement habilitation plans. Every reasonable effort
shall be made to involve the client and his family in the preparation and
implementation of the plans.
(b) The habilitation plan shall describe the habilitation goals; a projected
timetable for their attainment; the services to be provided; the role of the
family in the implementation of the plan; and the name of the person
responsible for supervising the habilitation plan.
(c) The habilitation plan shall be reviewed regularly, but at least once
every calendar month, by the person responsible for its supervision. They
shall be modified when necessary. The client and the persons specified in
Section 4-206 shall be informed regularly of the client's progress.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-309.1
(405 ILCS 5/4-309.1) (from Ch. 91 1/2, par. 4-309.1)
Sec. 4-309.1.
Habilitation and incentives.
In accordance with Departmental
powers and duties, facilities may offer incentives, including cash, to
residents in connection with their habilitation plan.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-309.2
(405 ILCS 5/4-309.2) (from Ch. 91 1/2, par. 4-309.2)
Sec. 4-309.2.
Habilitation; incentives; disbursements.
The Department
may advance monies from its appropriations to facility directors for
disbursement to residents in accordance with Section 4-309.1. The facility
directors may maintain these monies in a locally held account prior to
disbursements.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-310
(405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310)
Sec. 4-310.
At least once annually the client shall be evaluated to determine
his need for continued residential services. If need for continued residence
is indicated, the facility director of the facility shall consult with the
person who made application for the admission and shall request authorization
for continued residence of the client. The request and authorization shall
be noted in the client's record.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-311
(405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311)
Sec. 4-311.
(a) A person with a developmental disability may be temporarily
admitted to a facility for respite care intended for the benefit of the parent
or guardian, or in the event of a crisis, care where immediate temporary
residential services are necessary, upon application by a person empowered to
make application for administrative admission, if the facility director
determines that the individual is suitable for temporary admission. The
application shall describe the person's developmental disability and shall
conform with the provisions of paragraph (a) of Section 4-301.
(b) A temporary admission may continue for not more than 30 days. A client
admitted on a temporary basis shall be provided with such services as are
determined by mutual agreement between the facility director, the client,
and the person executing the application.
(c) Upon temporary admission, a clear written statement and oral explanation
of the objection procedure shall be given to the client if he is 12 years
of age or older. Within 3 days of a temporary admission, notice of the
admission and an explanation of the objection procedure shall be sent to
the persons specified in Section 4-206. An objection to temporary admission
may be made and heard in the same manner as an objection to administrative
admission.
(Source: P.A. 88-380.)
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405 ILCS 5/4-312
(405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312)
Sec. 4-312.
(a) If the facility director of a Department facility declines
to admit a person seeking administrative or temporary admission under this
Article, a review of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability. 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. A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial. Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.
(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission. 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 habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.
(Source: P.A. 88-380.)
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