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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES (405 ILCS 5/) Mental Health and Developmental Disabilities Code. 405 ILCS 5/4-608
(405 ILCS 5/4-608) (from Ch. 91 1/2, par. 4-608)
Sec. 4-608.
No respondent may be found to meet the standard for judicial
admission unless
that finding has been established by clear and convincing evidence.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-609
(405 ILCS 5/4-609) (from Ch. 91 1/2, par. 4-609)
Sec. 4-609.
(a) In a hearing for judicial admission, if the respondent
is not found to meet
the standard for judicial admission, the court shall dismiss the petition
and order the respondent
discharged.
(b) If it is found that the respondent meets the standard for judicial
admission, the court may
order him admitted to a developmental disabilities facility designated by
the Department; to a private
facility, if it agrees; or to a program of nonresidential habilitation.
If the court is not satisfied
with the verdict of the jury finding that the respondent meets the standard
for judicial admission, it
may set aside such verdict and order the respondent discharged or it may
order another hearing. Before
disposition is determined, the court shall consider the diagnostic report
and its recommendations and
shall select the least restrictive alternative which is consistent with
the respondent's needs.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-610
(405 ILCS 5/4-610) (from Ch. 91 1/2, par. 4-610)
Sec. 4-610.
Nonresidential habilitation; orders; modification and
revocation.
(a) Prior to ordering admission to a program of nonresidential habilitation,
the court shall ascertain that the program is capable of providing adequate and
humane habilitation appropriate to the respondent's condition.
(b) The court shall have continuing authority to modify an order for
nonresidential habilitation if the respondent fails to comply with it or is
otherwise found unsuitable for such habilitation. Prior to modifying such an
order, the court must receive a report from the facility director specifying
why the habilitation is unsuitable. The respondent shall be notified and given
an opportunity to respond when modification is considered.
(c) If the court revokes an order for nonresidential habilitation and
orders admission of the respondent to a developmental disabilities facility,
it may order a peace officer or other person to transport the respondent
to the facility.
(Source: P.A. 89-439, eff. 6-1-96.)
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405 ILCS 5/4-611
(405 ILCS 5/4-611) (from Ch. 91 1/2, par. 4-611)
Sec. 4-611.
(a) An order for admission to a developmental disabilities
facility or to a program of nonresidential habilitation shall be for a period
not to exceed 180 days. Prior to the expiration of the order, if the facility
director of the facility or program believes that the client continues to
meet the standard for judicial admission, a new petition and certificate
may be filed with the court. In the event that a new petition is filed,
the facility director of the facility shall file with the court a current
habilitation plan which includes an evaluation of the respondent's progress
and the extent to which he is benefiting from habilitation. If no petition
is filed prior to expiration of the order, the client shall be discharged.
Following a hearing on the petition, the court may order an additional 180
day period of admission to a facility or to a program of nonresidential
habilitation only if the client continues to meet the standard for judicial admission.
(b) Additional 180 day periods of judicial admission may be sought pursuant
to the procedures set out in this Section for so long as the client continues
to meet the standard for judicial admission. The provisions of this Article
which apply whenever an initial order is
sought shall apply whenever an additional period of admission is sought.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-612
(405 ILCS 5/4-612) (from Ch. 91 1/2, par. 4-612)
Sec. 4-612.
Not more than 60 days after any admission under this Article,
the facility director
of the facility shall file a current habilitation plan with the court which
includes an evaluation
of the client's progress and the extent to which he is benefiting from habilitation.
The court shall
review the habilitation plan. 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 necessary to achieve the objectives
of this Section. The client or any person on his behalf may request a hearing to review
the habilitation plan or the court on its own motion may order such a hearing.
If the court is satisfied
that the client is benefiting from habilitation, 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 client discharged.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-613
(405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)
Sec. 4-613.
Final orders; notice; appeals.
(a) Every final order of the court 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 client, his or her attorney, and the facility director of the
developmental
disabilities facility or
program to which the respondent is admitted.
(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 client 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 client wishes
to appeal and is
unable
to obtain counsel, counsel shall be appointed pursuant to the provisions
of Section 4-605.
(Source: P.A. 90-765, eff. 8-14-98.)
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405 ILCS 5/4-614
(405 ILCS 5/4-614) (from Ch. 91 1/2, par. 4-614)
Sec. 4-614.
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 5/4-615
(405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)
Sec. 4-615.
Fees; costs; State funds.
(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 Administrative Office of the
Illinois Courts.
(Source: P.A. 90-765, eff. 8-14-98.)
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405 ILCS 5/4-616
(405 ILCS 5/4-616) (from Ch. 91 1/2, par. 4-616)
Sec. 4-616.
(a) When a client is admitted upon court order, the
order may authorize a relative or friend of the client to transport the
client to the developmental disabilities 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 client there. The court may order the sheriff of the county
in which such proceedings are held to transport the client to the facility.
(b) Upon the delivery of a client 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 client and for
any personal property belonging to him or her, which receipt shall be
filed with the clerk of the court which entered
the admission order.
(Source: P.A. 83-346.)
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405 ILCS 5/4-617
(405 ILCS 5/4-617) (from Ch. 91 1/2, par. 4-617)
Sec. 4-617.
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/Ch. IV Art. VII
(405 ILCS 5/Ch. IV Art. VII heading)
ARTICLE VII.
DISCHARGE AND TRANSFER
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405 ILCS 5/4-700
(405 ILCS 5/4-700) (from Ch. 91 1/2, par. 4-700)
Sec. 4-700.
The person who executed the application for administrative
or temporary admission may
request discharge of the client so admitted at any time. The client shall
be discharged within 3 days of receipt
of a written request by the facility director of the developmental disabilities
facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-701
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701.
(a) Any client admitted to a developmental disabilities facility
under this Chapter may be
discharged whenever the facility director determines that he is suitable for discharge.
(b) Any client admitted to a facility or program of nonresidential services
upon court order under Article V
of this Chapter or admitted upon court order as a person with an intellectual disability or as mentally
deficient under any prior statute
shall be discharged whenever the facility director determines that he no
longer meets the standard for judicial
admission. When the facility director believes that continued residence
is advisable for such a client, he shall
inform the client and his guardian, if any, that the client may remain at
the facility on administrative
admission status. When a facility director discharges or changes the status
of such client, he shall promptly notify the clerk of the court who shall
note the action in the court record.
(c) When the facility director discharges a client pursuant to subsection
(b) of this Section, he shall promptly notify the State's Attorney of the
county in which the client resided immediately prior to his admission to
a developmental disabilities facility. Upon receipt of such notice, the State's
Attorney may notify such peace officers that he deems appropriate.
(d) The facility director may grant a temporary release to any client
when such release is appropriate and
consistent with the habilitation needs of the client.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
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405 ILCS 5/4-702
(405 ILCS 5/4-702) (from Ch. 91 1/2, par. 4-702)
Sec. 4-702.
(a) Conditional discharge means the placement of a client
out of a facility for continuing
habilitation provided under supervision of the discharging developmental
disabilities facility or of the
Department if he was in a Department facility. The facility director may
grant a conditional discharge to a
client when he determines that conditional discharge is appropriate and
consistent with the habilitation
needs of the client.
(b) A conditional discharge shall terminate within one year unless it
is extended for one additional year.
Written notice of the extension shall be given to the persons specified
in Section 4-206 and to the facility, if
any, where the client is residing.
(c) A conditionally discharged client may be readmitted to the facility
if the facility director determines
that such readmission is consistent with the client's habilitation needs
and if the court, in the event that the
client was judicially admitted, or the person who executed the application
for administrative admission, consents thereto.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-703
(405 ILCS 5/4-703) (from Ch. 91 1/2, par. 4-703)
Sec. 4-703.
(a) Prior to discharge under Sections 4-701 or 4-702, the
facility director shall prepare a
post-discharge plan which is consistent with the client's habilitation goals.
To the extent possible, the
client and his family shall be consulted in the preparation and implementation
of the plan.
(b) Prior to discharge if the client is 18 years of age or older and does
not have a guardian, he shall be evaluated to
determine whether he requires one. If it is determined that the client
requires a guardian, his parent or another
interested person shall be notified and requested to file a petition for
the appointment of a guardian. If no
petition is filed, the facility director of the facility may file such a petition.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-704
(405 ILCS 5/4-704) (from Ch. 91 1/2, par. 4-704)
Sec. 4-704.
(a) At least 14 days prior to the discharge of a client from
a Department developmental
disabilities facility under Section 4-701 or 4-702, the facility director
shall give written notice of the
discharge to the client, if he is 12 years of age or older, to his attorney
and guardian, if any, to the person who
executed the application for admission and to the resident school
district when appropriate. The notice, except that to the school
district, shall include the reason for the discharge and a
statement of the right to object.
(b) The client, if he is 12 years of age or older, may object to his
discharge or the attorney or guardian of a
client or the person who executed the application may object on behalf of
a client. Prior to discharge
a written objection shall be submitted to the facility director of the facility
where the client is located.
Upon receipt of an objection, the facility director shall promptly schedule
a hearing to be held at the
facility within 7 days pursuant to Section 4-209. No discharge shall proceed
pending hearing on an objection, unless the person objecting to the discharge
consents to discharge pending the hearing.
(c) At the hearing the Department shall have the burden of proving that
the client 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 has 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 client not be discharged but it may recommend
that the client be transferred to another facility which can provide
habilitation
appropriate to the condition and needs of the client. It may recommend that
the Department or other agency assist the person in obtaining such appropriate
habilitation.
(Source: P.A. 89-507, eff. 7-1-97.)
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405 ILCS 5/4-705
(405 ILCS 5/4-705) (from Ch. 91 1/2, par. 4-705)
Sec. 4-705.
Petition for discharge; examination.
(a) At any time a person admitted by court order under Article
V of this Chapter or under any prior statute or any person 18 years of age
or older on his behalf may file a petition for discharge with the court.
(b) The petition shall set forth: (1) the name of the client; (2) the
events that precipitated the admission and the date of the admission order;
and (3) a request for discharge and the reasons for the request. The
petition shall be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician stating that the client
no longer meets the standard for judicial admission and specifying the
reasons for that conclusion.
(c) If the petition is not accompanied by a certificate, the court shall
appoint a clinical psychologist, clinical social worker, or
physician to examine the client. If the clinical psychologist, clinical
social worker, or physician determines that the client does not meet the
standard for judicial admission, he shall execute a certificate so stating.
The client is also entitled to an independent examination pursuant to
Section 4-605.
(Source: P.A. 87-530.)
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405 ILCS 5/4-706
(405 ILCS 5/4-706) (from Ch. 91 1/2, par. 4-706)
Sec. 4-706.
(a) Upon receipt of a petition for discharge, the court shall
set a hearing to be held
within 7 days. The court shall direct that notice of the time and place
of the hearing be given to the
client, the person specified in Section 4-206, and to the facility director.
Article VI of this Chapter
shall apply to hearings held under this Section.
(b) If the court finds that the client does not meet the standard for
judicial admission, the court
shall enter an order so finding and shall order the client discharged.
If the court determines that the
client continues to meet the standard for judicial admission, the court
may continue or modify its original
order. Thereafter, no new petition for discharge may be filed for 60 days
without leave of the court.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-707
(405 ILCS 5/4-707) (from Ch. 91 1/2, par. 4-707)
Sec. 4-707.
The facility director of any Department facility may transfer
a client to another
Department facility if he determines that the transfer is appropriate and consistent
with the habilitation needs of the client. An appropriate facility which
is close to the client's place
of residence shall be preferred unless the client requests otherwise or
unless compelling reasons exist
for preferring another facility.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-708
(405 ILCS 5/4-708) (from Ch. 91 1/2, par. 4-708)
Sec. 4-708.
Any client admitted to a facility or to a program of nonresidential
habilitation under
Article V of this Chapter or his guardian, attorney, or nearest adult relative
on his behalf may at any time
petition the court for transfer to a different facility or program of nonresidential
services. If the client
is in a private facility, the facility may also petition for transfer.
An order for admission to a facility
shall not be entered under this Section if the original order did not authorize
such admission unless a hearing
is held pursuant to Article VI of this Chapter.
(Source: P.A. 80-1414.)
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405 ILCS 5/4-709
(405 ILCS 5/4-709) (from Ch. 91 1/2, par. 4-709)
Sec. 4-709.
(a) Whenever a client who has been in a Department facility
for more than 7 days is to
be transferred to another facility under Section 4-707, the facility director
of the facility shall give written notice at least 14
days before transfer to the client's attorney and to the persons specified
in Section 4-206 of the reasons for
the transfer and of the right to object. In an emergency, when the health
of the client or the physical safety
of the client or others is imminently imperiled and appropriate care and
services are not available where the
client is located, a client may be immediately transferred to another facility
provided that notice is given as soon as possible but not more than 48 hours after the
transfer. The reason for the emergency shall be noted in the client's record
and specified in the notice.
(b) A client may object to his transfer or his attorney or any person
receiving notice under Section 4-206
may object on his behalf. 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 client
is located. Upon receipt of an objection,
the facility director shall promptly schedule a hearing to be held within
7 days pursuant to the procedures in Section 4-209.
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.
(c) At the hearing the Department shall have the burden of proving that
the standard for transfer under
Section 4-707 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 client 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 client not be transferred.
(Source: P.A. 80-1414.)
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405 ILCS 5/Ch. IV Art. VIII
(405 ILCS 5/Ch. IV Art. VIII heading)
ARTICLE VIII. SERVICE PROVIDER SANCTIONS
(Source: P.A. 103-1042, eff. 1-1-25.) |
405 ILCS 5/4-800 (405 ILCS 5/4-800) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 4-800. Provider sanctions and appeals. The Department of Human Services Division of Developmental Disabilities may impose progressive sanctions on providers that fail to comply with conditions specified by rule, or contract agreement, as determined by the Department. Sanctions include, but are not limited to, payment suspension, loss of payment, enrollment limitations, admission holds, removal of individuals currently served, or other actions up to and including contract termination, certification revocation, or licensure revocation. In situations in which recipients of services are placed at imminent risk of harm, steps to ensure the safety of individuals and any provider sanctions shall be taken expeditiously and not progressively. A service provider that has received a sanction may appeal the sanction in writing to the Department of Healthcare and Family Services within 30 days of receipt of the sanction. Steps to ensure the safety of individuals may be taken regardless of a service provider appeal. The Department shall adopt rules as necessary to implement this Section. (Source: P.A. 103-1042, eff. 1-1-25.) |
405 ILCS 5/4-801 (405 ILCS 5/4-801) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 4-801. Provider discharge reconsideration requests. After an informal review of a discharge by the Department of Human Services Division of Developmental Disabilities, a provider may request a reconsideration of the decision, to the Department of Human Services Division of Developmental Disabilities. The reconsideration request must be received within 10 working days after the provider receives the written notification, following the informal review decision from the Department of Human Services Division of Developmental Disabilities. The Department of Human Services shall adopt rules as necessary to implement this Section. (Source: P.A. 103-1042, eff. 1-1-25.) |
405 ILCS 5/Ch. V
(405 ILCS 5/Ch. V heading)
CHAPTER V
GENERAL PROVISIONS
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405 ILCS 5/5-100
(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100.
Written notice of the death of a recipient of services
which occurs at a mental health or developmental disabilities facility, or
the death of a recipient of services who has not been discharged from a
mental health or developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be mailed to
the Department of Public Health which, for the primary purpose of
monitoring patterns of abuse and neglect of recipients of services, shall
make such notices available to the Guardianship and Advocacy Commission and
to the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", approved
September 20, 1985. Such notice shall include the name of the
recipient, the name and address of the facility at which the death
occurred, the recipient's age, the nature of the recipient's condition,
including any evidence of the previous injuries or disabilities, or
relevant medical conditions or any other information which might be helpful
in establishing the cause of death.
Written notice of the death of a recipient of services who was admitted
by court order, and the cause thereof shall, in all cases, be mailed by the
facility director to the court entering the original admission order, and
if possible, to the same judge, and the time, place and alleged cause of
such death shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any recipient of services
at any public or private facility, a coroner's inquest shall be held as
provided by law in other cases.
In cases where the deceased person was a recipient or client of any state
facility, and the fees for holding an inquest cannot be collected out of his
estate, such fees shall be paid by the Department.
(Source: P.A. 88-380.)
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405 ILCS 5/5-100.1 (405 ILCS 5/5-100.1) Sec. 5-100.1. Notice of death of patient. Any mental health or developmental disabilities facility operating in this State shall provide notice of the death of a recipient of services occurring in the facility to the personal representative, if known, of the recipient of services as specified in this Section. The facility shall attempt to provide verbal notice to the personal representative, if known, of the recipient of services within 24 hours after the death of the recipient of services and shall provide written notice to the personal representative, if known, of the recipient of services within 5 days after the death of the recipient of services. The facility shall provide notice under this subsection in accordance with Sections 4 and 5 of the Mental Health and Developmental Disabilities Confidentiality Act and 45 CFR 164.502(g), as amended. For the purposes of this subsection, "personal representative" has the meaning set forth in 45 CFR 164.502(g).
(Source: P.A. 103-942, eff. 8-9-24.) |
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