(405 ILCS 5/4-407) (from Ch. 91 1/2, par. 4-407)
Sec. 4-407.
(a) Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file with the court 2 copies of the petition and certificate
and proof of service of the petition and the explanation of rights.
(b) Upon admission under this Article, the respondent shall be evaluated
pursuant to the provisions of paragraph (b) of Section 4-300. A report
of the evaluation prepared pursuant to Section 4-301 shall be filed with
the court not more than 7 days after the admission. Upon receipt of the
report, the court shall set a hearing pursuant to Section 4-505 to determine
whether the respondent meets the standard for judicial admission.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-408) (from Ch. 91 1/2, par. 4-408)
Sec. 4-408.
A respondent admitted on an emergency basis shall receive
habilitation appropriate to his condition. 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
habilitation is given to the respondent together with the reasons therefor.
(Source: P.A. 80-1414.)
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(405 ILCS 5/Ch. IV Art. V heading) ARTICLE V. JUDICIAL ADMISSION FOR PERSONS WITH INTELLECTUAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
Sec. 4-500.
A person 18 years of age or older may be admitted to a facility
upon court order under this Article if the court determines: (1) that he is
a person with an intellectual disability; and (2) that he is reasonably expected to inflict serious
physical harm upon himself or another in the near future.
(Source: P.A. 99-143, eff. 7-27-15.)
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(405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501)
Sec. 4-501.
Petition; certificate.
(a) Any person 18 years of age or older may file a petition with the
court asserting that the respondent meets the standard for judicial
admission as set out in Section 4-500. The petition shall be prepared
according to the form specified in Section 4-401. The court may inquire of
the petitioner whether there are reasonable grounds to believe that the
facts presented in the petition are true and whether the respondent meets
the standard for judicial admission.
(b) The petition may be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician indicating that the
respondent was examined not more than 72 hours prior to the filing of the
petition and certifying that he meets the standard for judicial admission.
The certificate shall also set out the examiner's observations, other
factual information relied upon, and a statement as to whether the
respondent was advised of his rights under Section 4-210.
(Source: P.A. 87-530.)
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(405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502)
Sec. 4-502.
Orders; examination; setting for hearing.
(a) When no certificate is filed with the petition, if the
court finds that the petition is in order and that there is a valid
reason why no certificate has been filed, it may make any orders as are
necessary to provide for an examination of the respondent by a clinical
psychologist, clinical social worker, or physician. If, as a result of the
examination, a certificate is executed, the certificate shall be promptly
filed with the court.
(b) When a certificate is filed with the petition or is filed pursuant
to this Section, if the court finds that the documents are in order, it may
make any orders as are necessary to provide for a diagnostic evaluation
of the respondent pursuant to paragraph (b) of Section 4-300 of this Chapter.
(c) Upon receipt of the diagnostic report prepared pursuant to Section
4-301, the court shall set the matter for hearing pursuant to Section 4-505.
(Source: P.A. 87-530.)
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(405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503)
Sec. 4-503.
A copy of the petition, any order for examination or evaluation,
and a statement of the respondent's hearing rights under Article VI of this
Chapter shall be personally served upon the respondent and shall be given
or mailed to the persons specified in Section 4-206 at least 24 hours before
the court ordered examination or evaluation.
(Source: P.A. 80-1414.)
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(405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504)
Sec. 4-504.
The respondent shall be permitted to remain in his place of
residence pending any examination for certification or diagnostic evaluation.
He may be accompanied by one or more of his relatives or friends or by his
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 developmental disabilities facility pending
examination and may order a peace officer or other person to transport him
there. Whenever possible the examination shall be conducted at a local developmental
disabilities facility. No person may be detained for examination for certification
for more than 24 hours and for a diagnostic evaluation for more than 7 days.
(Source: P.A. 80-1414.)
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