(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) (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) (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(b) Unless the objection is withdrawn in writing or the client is discharged,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) (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) (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) (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) (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) (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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