(405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207)
Sec. 4-207.
(a) Six months prior to the eighteenth birthday of a client
who is resident in a facility, the client shall be evaluated by the facility
to determine whether he has the capacity to consent to administrative admission.
If the client does not have such capacity or otherwise requires a guardian,
his parent or another interested person shall be so notified and requested
to file a petition for the appointment of a guardian. If no petition is
filed, the facility director of the facility shall file such a petition.
(b) Six months prior to the eighteenth birthday of a client who is receiving
nonresidential services provided by or under contract with the Department,
the client's parent or another interested person shall be notified by the
facility providing the services or by the Department of the possible need
and procedures for the appointment of a guardian. If such person so requests,
the client shall be evaluated by the facility or the Department for the
purpose of determining whether he requires a guardian and a report of the
evaluation shall be provided to such person. If the report indicates that
the client requires a guardian but no petition is filed by the time the
client reaches 18, the facility or the Department shall file such a petition.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208)
Sec. 4-208.
Whenever a person is admitted, is denied admission, or objects
to admission to a facility and whenever a client is notified that he is
to be transferred or discharged or that his legal status is to
be changed, the facility director of the facility shall provide the persons
specified in Section 4-206 with the address and phone number of the
Guardianship and Advocacy Commission. If any person so notified requests, the
facility director shall assist him in contacting the Commission.
(Source: P.A. 85-1247.)
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(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)
Sec. 4-209.
(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709
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 multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients. At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.
(b) The utilization review 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. It may administer oaths and compel by
subpoena testimony and the production of records. A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client'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 client and the objector.
(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor. If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility 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 review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review. The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure. The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.
(Source: P.A. 97-227, eff. 1-1-12.)
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(405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)
Sec. 4-210.
Whenever a petition has been executed pursuant to Sections
4-401 or 4-501, and prior to the examination for the purpose of certification,
the person conducting this examination shall inform the person being examined
in a simple comprehensible manner: that he is entitled to consult with
a relative, friend, or attorney before the examination and that an attorney
will be appointed for him if he desires; that he will be evaluated to
determine
if he meets the standard for judicial or emergency admission; that he does
not have to talk to the examiner; and that any statement made by him
may
be disclosed at a court hearing on the issue of whether he meets the standard
for judicial admission.
If the respondent is not so informed, the examiner shall not be permitted
to testify at any subsequent court hearing concerning the respondent's
admission.
(Source: P.A. 91-357, eff. 7-29-99.)
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(405 ILCS 5/4-211) Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person
admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related
resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed: (1) on whether he or she has decision making capacity | ||
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(2) for developmentally appropriate sex education | ||
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As part of the assessments, consideration shall be given to medical, psychological, and psycho-social
evaluations. The person's decision making capacity to consent to sexual activity and the
developmentally appropriate sex education materials and resources shall be determined by the
treatment team that includes the individual, professionals who have knowledge of the individual, and
the individual's guardian, if appointed. Guardian decision making shall be made in accordance
with the court order of appointment and the
standards of decision making established by Section 11a-17 of the Probate Act of 1975. The Department shall approve course material in sex education. Course material and
instruction in sex education shall: (A) be appropriate to the developmental disability of | ||
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(B) present identity as a part of mature
adulthood; (C) replicate evidence-based programs or | ||
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(D) place substantial emphasis on the prevention of | ||
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(E) include a discussion of the possible emotional | ||
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(F) stress that sexually transmitted infections and | ||
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(G) provide information on the use or effectiveness | ||
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(H) teach recipients to avoid behavior that could be | ||
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(I) explain signs of possible dangers from potential | ||
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The Department may
not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that
they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20.) |
(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) (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) (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) (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) (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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