State Codes and Statutes

Statutes > Illinois > Chapter405 > 1496 > 040500050HCh_III

(405 ILCS 5/Ch. III heading)CHAPTER III ADMISSION, TRANSFER AND DISCHARGE PROCEDURES FOR THE MENTALLY ILL

(405 ILCS 5/Ch. III Art. I heading)ARTICLE I. JURISDICTION; DUTIES OF STATE'S ATTORNEY

(405 ILCS 5/3‑100) (from Ch. 91 1/2, par. 3‑100)
Sec. 3‑100.

The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission. Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody.

(Source: P.A. 80‑1414.)

(405 ILCS 5/3‑101) (from Ch. 91 1/2, par. 3‑101)
Sec. 3‑101.

The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter and in proceedings under Section 2‑107.1 in their respective counties, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Nothing herein contained shall prevent any party from being represented by his own counsel.

(Source: P.A. 89‑439, eff. 6‑1‑96.)

(405 ILCS 5/Ch. III Art. II heading)ARTICLE II. GENERAL PROVISIONS

(405 ILCS 5/3‑200) (from Ch. 91 1/2, par. 3‑200)
Sec. 3‑200.

(a) A person may be admitted as an inpatient to a mental health facility for treatment of mental illness only as provided in this Chapter, except that a person may be transferred by the Department of Corrections pursuant to the Unified Code of Corrections. A person transferred by the Department of Corrections in this manner may be released only as provided in the Unified Code of Corrections.

(b) No person who is diagnosed as mentally retarded or a person with a developmental disability may be admitted or transferred to a Department mental health facility or, any portion thereof, except as provided in this Chapter. However, the evaluation and placement of such persons shall be governed by Article II of Chapter 4 of this Code.

(Source: P.A. 88‑380.)

(405 ILCS 5/3‑201) (from Ch. 91 1/2, par. 3‑201)
Sec. 3‑201.

The Department shall prescribe all forms necessary for proceedings under this Chapter, and all forms used in such proceedings shall comply substantially with the forms so prescribed. The Department shall print and furnish an initial supply of such forms to the clerks of the circuit courts.

(Source: P.A. 80‑1414.)

(405 ILCS 5/3‑202) (from Ch. 91 1/2, par. 3‑202)
Sec. 3‑202.

(a) Every mental health facility shall maintain adequate records which shall include the Section of this Chapter under which the recipient was admitted, any subsequent change in the recipient's status, and requisite documentation for such admission and status.

(b) Nothing contained in this Chapter shall be construed to limit or otherwise affect the power of any mental health facility to determine the qualifications of persons who may be permitted to admit recipients to such facility. This subsection shall not affect or limit the powers of any court to order hospitalization or admission to a program of alternative treatment as set forth in this Chapter.

(Source: P.A. 91‑357, eff. 7‑29‑99.)

(405 ILCS 5/3‑203) (from Ch. 91 1/2, par. 3‑203)
Sec. 3‑203.

Every petition, certificate and proof of service required by this Chapter shall be executed under penalty of perjury as though under oath or affirmation, but no acknowledgement is required.

(Source: P.A. 80‑1414.)

(405 ILCS 5/3‑204) (from Ch. 91 1/2, par. 3‑204)
Sec. 3‑204.

Whenever a statement or explanation is required to be given to a recipient under this Chapter and the recipient does not read or understand English, such statement or explanation shall be provided to him in a language which he understands. Such statement or explanation shall be communicated in sign language for any hearing impaired person for whom sign language is a primary mode of communication. When a statement or explanation is provided in a language other than English, or through the use of sign language, that fact and the name of the persons by whom it was provided shall be noted in the recipient's record. This Section does not apply to copies of petitions and court orders.

(Source: P.A. 88‑380.)

(405 ILCS 5/3‑205) (from Ch. 91 1/2, par. 3‑205)
Sec. 3‑205.

Within 12 hours after the admission of a person to a mental health facility under Article VI or Article VII of this Chapter the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person's legal status and his right to counsel and to a court hearing. Following admission, any changes in the person's legal status shall be fully explained to him. When an explanation required by this Chapter must be given in a language other than English or through the use of sign language, it shall be given within a reasonable time before any hearing is held.

(Source: P.A. 82‑205.)

(405 ILCS 5/3‑205.5)
Sec. 3‑205.5. Examination and social investigation.

When any person is first presented for admission to a mental health facility under Chapter III of this Code, within 72 hours thereafter, excluding Saturdays, Sundays, and holidays, the facility shall provide or arrange for a comprehensive physical examination, mental examination, and social investigation of that person. The examinations and social investigation shall be used to determine whether some program other than hospitalization will meet the needs of the person, with preference being given to care or treatment that will enable the person to return to his or her own home or community.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

(405 ILCS 5/3‑206) (from Ch. 91 1/2, par. 3‑206)
Sec. 3‑206.

Whenever a person is admitted or objects to admission, and whenever a recipient is notified that his legal status is to be changed, the facility director of the mental health facility shall provide the person, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission.

(Source: P.A. 88‑380.)

(405 ILCS 5/3‑207) (from Ch. 91 1/2, par. 3‑207)
Sec. 3‑207.

(a) Hearings under Sections 3‑405, 3‑904 and 3‑911 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 a multi‑disciplinary group of professional staff members who are trained and equipped to deal with the clinical and treatment needs of recipients. The recipient and the objector may be represented by persons of their choice.

(b) The 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. A record of the proceedings shall be made and shall be kept in the recipient'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 recipient and the objector.

(c) Within 7 days of receipt of the recommendations, the facility director shall give written notice to the recipient and objector of his acceptance or rejection of the recommendations and his reason therefor. If the director of the facility rejects the recommendations or if the recipient or objector requests review of the director's decision, the 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 decision of the director or the decision of the Secretary of the Department, if his review was requested, shall be considered a final administrative decision.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

(405 ILCS 5/3‑208) (from Ch. 91 1/2, par. 3‑208)
Sec. 3‑208.

Whenever a petition has been executed pursuant to Section 3‑507, 3‑601 or 3‑701, and prior to this examination for the purpose of certification of a person 12 or over, the person conducting this examination shall inform the person being examined in a simple comprehensible manner of the purpose of the examination; that he does not have to talk to the examiner; and that any statements he makes may be disclosed at a court hearing on the issue of whether he is subject to involuntary admission. If the person being examined has not been so informed, the examiner shall not be permitted to testify at any subsequent court hearing concerning the respondent's admission.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

(405 ILCS 5/3‑209)(from Ch. 91 1/2, par. 3‑209)
Sec. 3‑209.

Within three days of admission under this Chapter, a treatment plan shall be prepared for each recipient of service and entered into his or her record. The plan shall include an assessment of the recipient's treatment needs, a description of the services recommended for treatment, the goals of each type of element of service, an anticipated timetable for the accomplishment of the goals, and a designation of the qualified professional responsible for the implementation of the plan. The plan shall include a written assessment of whether or not the recipient is in need of psychotropic medications. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days.

(Source: P.A. 94‑1066, eff. 8‑1‑06.)

(405 ILCS 5/3‑210) (from Ch. 91 1/2, par. 3‑210)
Sec. 3‑210. Employee as perpetrator of abuse.

When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee.

(Source: P.A. 86‑1013.)

(405 ILCS 5/3‑211) (from Ch. 91 1/2, par. 3‑211)
Sec. 3‑211. Resident as perpetrator of abuse.

When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that another recipient of services in a mental health or developmental disability facility is the perpetrator of the abuse, the condition of the recipient suspected of being the perpetrator shall be immediately evaluated to determine the most suitable therapy and placement, considering the safety of that recipient as well as the safety of other recipients of services and employees of the facility.

(Source: P.A. 86‑1013.)

(405 ILCS 5/Ch. III Art. III heading)ARTICLE III. INFORMAL ADMISSION

    (405 ILCS 5/3‑300) (from Ch. 91 1/2, par. 3‑300)
    Sec. 3‑300. Admission.

(a) Any person desiring admission to a mental health facility for treatment of a mental illness may be admitted upon his request without making formal application therefor if, after examination, the facility director considers that person clinically suitable for admission upon an informal basis.

(b) Each recipient admitted under this Section shall be informed in writing and orally at the time of admission of his right to be discharged from the facility at any time during the normal daily day‑shift hours of operation, which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to be discharged shall commence with the first day‑shift hours of operation after his admission.

(c) If the facility director decides to admit a person as a voluntary recipient, he shall state in the recipient's record the reason why informal admission is not suitable.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

(405 ILCS 5/Ch. III Art. IV heading)ARTICLE IV. VOLUNTARY ADMISSION OF ADULTS

    (405 ILCS 5/3‑400)(from Ch. 91 1/2, par. 3‑400)
    Sec. 3‑400. Voluntary admission to mental health facility.

(a) Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.

(b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:

(1) He or she is being admitted to a mental health

facility.

(2) He or she may request discharge at any time. The

request must be in writing, and discharge is not automatic.

(3) Within 5 business days after receipt of the

written request for discharge, the facility must either discharge the person or initiate commitment proceedings.

(Source: P.A. 96‑612, eff. 1‑1‑10.)

    (405 ILCS 5/3‑401) (from Ch. 91 1/2, par. 3‑401)
    Sec. 3‑401. (a) The application for admission as a voluntary recipient may be executed by:
        1. The person seeking admission, if 18 or older; or
        2. Any interested person, 18 or older, at the

request of the person seeking admission; or

3. A minor, 16 or older, as provided in Section

3‑502.

(b) The written application form shall contain in large, bold‑face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a written notice of his desire to be discharged, unless within that time, a petition and 2 certificates are filed with the court asserting that the recipient is subject to involuntary admission. Upon admission the right to be discharged shall be communicated orally to the recipient and a copy of the application form shall be given to the recipient and to any parent, guardian, relative, attorney, or friend who accompanied the recipient to the facility.

(Source: P.A. 88‑380.)

(405 ILCS 5/3‑402) (from Ch. 91 1/2, par. 3‑402)
Sec. 3‑402.

No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health facility unless a physician, qualified examiner, or clinical psychologist who has examined the person is prepared to execute a certificate under Section 3‑602 and the person is advised that if he is admitted upon certification, he will be entitled to a court hearing with counsel appointed to represent him at which the State will have to prove that he is subject to involuntary admission.

(Source: P.A. 80‑1414.)

(405 ILCS 5/3‑403) (from Ch. 91 1/2, par. 3‑403)
Sec. 3‑403.

A voluntary recipient 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 gives any treatment staff person written notice of his desire to be discharged unless he either withdraws the notice in writing or unless within the 5 day period a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3‑601 and Section 3‑602 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 IX of this Chapter. Hospitalization of the recipient may continue pending further order of the court.

(Source: P.A. 88‑830.)

(405 ILCS 5/3‑404) (from Ch. 91 1/2, par. 3‑404)
Sec. 3‑404.

Thirty days after the voluntary admission of a recipient, the facility director shall review the recipient's record and assess the need for continuing hospitalization. The facility director shall consult with the recipient if continuing hospitalization is indicated and request from the recipient an affirmation of his desire for continued treatment. The request and affirmation shall be noted in the recipient's record. Every 60 days thereafter a review shall be conducted and a reaffirmation shall be secured from the recipient for as long as the hospitalization continues. A recipient's failure to reaffirm a desire to continue treatment shall constitute notice of his desire to be discharged.

(Source: P.A. 88‑380.)

(405 ILCS 5/3‑405) (from Ch. 91 1/2, par. 3‑405)
Sec. 3‑405.

(a) If the facility director of a Department mental health facility declines to admit a person seeking admission under Articles III or IV of this Chapter, a review of the denial may be requested by the person seeking admission or, with his consent, by an interested person on his behalf. Such a request may be made on behalf of a minor presented for admission under Section 3‑502, 3‑503 or 3‑504 by the minor's attorney, by the parent, guardian or person in loco parentis who executed the application for his admission, or by the minor himself if he is 16 years of age or older. 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 and shall be provided, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission. A written request for review shall be submitted to the director of the facility that denied admission within 14 days of the denial. Upon receipt of the request, the facility director shall promptly schedule a hearing to be held at the denying facility within 7 days pursuant to Section 3‑207.

(b) At the hearing the Department shall have the burden of proving that the person denied admission does not meet the standard set forth in the Section under which admission is sought or that an appropriate alternative community treatment program was available to meet the person's needs and was offered. 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 treatment for the person and no appropriate community alternative treatment is available, it shall recommend that the person denied admission be admitted. If it determines that another facility can provide treatment appropriate to the clinical condition and needs of the person denied admission, it may recommend that the Department or other agency assist the person in obtaining such treatment.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

(405 ILCS 5/Ch. III Art. V heading)ARTICLE V. ADMISSION OF MINORS

(405 ILCS 5/3‑500) (from Ch. 91 1/2, par. 3‑500)
Sec. 3‑500.

A minor may be admitted to a mental health facility for treatment of a mental illness or emotional disturbance only as provided in this Article or as provided in Sections 3‑10‑5 or 5‑2‑4 of the Unified Code of Corrections, as now or hereafter amended.

(Source: P.A. 81‑1497.)

(405 ILCS 5/3‑501) (from Ch. 91 1/2, par. 3‑501)
Sec. 3‑501.

(a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of his parent, guardian or person in loco parentis shall not be necessary to authorize outpatient counseling or psychotherapy. The minor's parent, guardian or person in loco parentis shall not be informed of such counseling or psychotherapy without the consent of the minor unless the facility director believes such disclosure is necessary. If the facility director intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. However, until the consent of the minor's parent, guardian or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be limited to not more than 5 sessions, a session lasting not more than 45 minutes.

(b) The minor's parent, guardian or person in loco parentis shall not be liable for the costs of outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian or person in loco parentis.

(Source: P.A. 86‑922.)

(405 ILCS 5/3‑502) (from Ch. 91 1/2, par. 3‑502)
Sec. 3‑502.

Any minor 16 years of age or older may be admitted to a mental health facility as a voluntary recipient under Article IV of this Chapter if the minor himself executes the application. A minor so admitted shall be treated as an adult under Article IV and shall be subject to all of the provisions of that Article. The minor's parent, guardian or person in loco parentis shall be immediately informed of the admission.

(Source: P.A. 91‑726, eff. 6‑2‑00.)

    (405 ILCS 5/3‑503)(from Ch. 91 1/2, par. 3‑503)
    Sec. 3‑503. Admission on application of parent or guardian.

(a) Any minor may be admitted to a mental health facility for inpatient treatment upon application to the facility director, if the facility director finds that the minor has a mental illness or emotional disturbance of such severity that hospitalization is necessary and that the minor is likely to benefit from inpatient treatment. Except in cases of admission under Section 3‑504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or clinical psychologist who has personally examined the minor shall state in writing that the minor meets the standard for admission. The statement shall set forth in detail the reasons for that conclusion and shall indicate what alternatives to hospitalization have been explored.

(b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis. Application may be made for a minor who is a ward of the State by the Department of Children and Family Services or by the Department of Corrections.

(Source: P.A. 95‑804, eff. 8‑12‑08.)

    (405 ILCS 5/3‑504)(from Ch. 91 1/2, par. 3‑504)
    Sec. 3‑504. Minors; emergency admissions.

(a) A minor who is eligible for admission under Section 3‑503 and who is in a condition that immediate hospitalization is necessary may be admitted upon the application of a parent or guardian, or person in loco parentis, or of an interested person 18 years of age or older when, after diligent effort, the minor's parent, guardian or person in loco parentis cannot be located or refuses to consent to admission. Following admission of the minor, the facility director of the mental health facility shall continue efforts to locate the minor's parent, guardian or person in loco parentis. If that person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, guardian or person in loco parentis may request the minor's discharge subject to the provisions of Section 3‑508.

(b) A peace officer may take a minor into custody and transport the minor to a mental health facility when, as a result of his personal observation, the peace officer has reasonable grounds to believe that the minor is eligible for admission under Section 3‑503 and is in a condition that immediate hospitalization is necessary in order to protect the minor or others from physical harm. Upon arrival at the facility, the peace officer shall complete an application under Section 3‑503 and shall further include a detailed statement of the reason for the assertion that immediate hospitalization is necessary, including a description of any acts or significant threats supporting the assertion, the time and place of the occurrence of those acts or threats, and the names, addresses and telephone numbers of other witnesses of those acts or threats.

(c) If no parent, guardian or person in loco parentis can be found within 3 days, excluding Saturdays, Sundays or holidays, after the admission of a minor, or if that person refuses either to consent to admission of the minor or to request his discharge, a petition shall be filed under the Juvenile Court Act of 1987 to ensure that appropriate guardianship is provided.

(d) If, however, a court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony or other information offered by a parent, guardian, person acting in loco parentis or other interested adults, that it is necessary in order to complete an examination of a minor, the court may order that the minor be admitted to a mental health facility pending examination and may order a peace officer or other person to transport the minor to the facility.

(e) If a parent, guardian, or person acting in loco parentis is unable to transport a minor to a mental health facility for examination, the parent, guardian, or person acting in loco parentis may petition the court to compel a peace officer to take the minor into custody and transport the minor to a mental health facility for examination. The court may grant the order if the court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony of a parent, guardian, or person acting in loco pare	
	
	
	
	State Codes and Statutes
	Statutes > Illinois > Chapter405 > 1496 > 040500050HCh_III

 
      (405 ILCS 5/Ch. III heading) CHAPTER III   ADMISSION, TRANSFER AND DISCHARGE PROCEDURES FOR THE MENTALLY ILL

 
  
      (405 ILCS 5/Ch. III Art. I heading)ARTICLE I.  JURISDICTION; DUTIES OF STATE'S ATTORNEY    
 
    
       (405 ILCS 5/3‑100) (from Ch. 91 1/2, par. 3‑100)   
    Sec. 3‑100.   The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission. Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑101) (from Ch. 91 1/2, par. 3‑101)   
    Sec. 3‑101.   The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter and in proceedings under Section 2‑107.1 in their respective counties, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Nothing herein contained shall prevent any party from being represented by his own counsel. 
(Source: P.A. 89‑439, eff. 6‑1‑96.)    
 
  
      (405 ILCS 5/Ch. III Art. II heading)ARTICLE II.  GENERAL PROVISIONS    
 
    
       (405 ILCS 5/3‑200) (from Ch. 91 1/2, par. 3‑200)   
    Sec. 3‑200.   (a) A person may be admitted as an inpatient to a mental health facility for treatment of mental illness only as provided in this Chapter, except that a person may be transferred by the Department of Corrections pursuant to the Unified Code of Corrections. A person transferred by the Department of Corrections in this manner may be released only as provided in the Unified Code of Corrections. 
    (b) No person who is diagnosed as mentally retarded or a person with a developmental disability may be admitted or transferred to a Department mental health facility or, any portion thereof, except as provided in this Chapter. However, the evaluation and placement of such persons shall be governed by Article II of Chapter 4 of this Code. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑201) (from Ch. 91 1/2, par. 3‑201)   
    Sec. 3‑201.   The Department shall prescribe all forms necessary for proceedings under this Chapter, and all forms used in such proceedings shall comply substantially with the forms so prescribed. The Department shall print and furnish an initial supply of such forms to the clerks of the circuit courts. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑202) (from Ch. 91 1/2, par. 3‑202)   
    Sec. 3‑202.   (a) Every mental health facility shall maintain adequate records which shall include the Section of this Chapter under which the recipient was admitted, any subsequent change in the recipient's status, and requisite documentation for such admission and status. 
    (b) Nothing contained in this Chapter shall be construed to limit or otherwise affect the power of any mental health facility to determine the qualifications of persons who may be permitted to admit recipients to such facility. This subsection shall not affect or limit the powers of any court to order hospitalization or admission to a program of alternative treatment as set forth in this Chapter. 
(Source: P.A. 91‑357, eff. 7‑29‑99.)    
 
    
       (405 ILCS 5/3‑203) (from Ch. 91 1/2, par. 3‑203)   
    Sec. 3‑203.   Every petition, certificate and proof of service required by this Chapter shall be executed under penalty of perjury as though under oath or affirmation, but no acknowledgement is required. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑204) (from Ch. 91 1/2, par. 3‑204)   
    Sec. 3‑204.   Whenever a statement or explanation is required to be given to a recipient under this Chapter and the recipient does not read or understand English, such statement or explanation shall be provided to him in a language which he understands. Such statement or explanation shall be communicated in sign language for any hearing impaired person for whom sign language is a primary mode of communication. When a statement or explanation is provided in a language other than English, or through the use of sign language, that fact and the name of the persons by whom it was provided shall be noted in the recipient's record. This Section does not apply to copies of petitions and court orders. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑205) (from Ch. 91 1/2, par. 3‑205)   
    Sec. 3‑205.   Within 12 hours after the admission of a person to a mental health facility under Article VI or Article VII of this Chapter the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person's legal status and his right to counsel and to a court hearing. Following admission, any changes in the person's legal status shall be fully explained to him. When an explanation required by this Chapter must be given in a language other than English or through the use of sign language, it shall be given within a reasonable time before any hearing is held. 
(Source: P.A. 82‑205.)    
 
    
       (405 ILCS 5/3‑205.5)    
    Sec. 3‑205.5.  Examination and social investigation.  When any person is first presented for admission to a mental health facility under Chapter III of this Code, within 72 hours thereafter, excluding Saturdays, Sundays, and holidays, the facility shall provide or arrange for a comprehensive physical examination, mental examination, and social investigation of that person. The examinations and social investigation shall be used to determine whether some program other than hospitalization will meet the needs of the person, with preference being given to care or treatment that will enable the person to return to his or her own home or community. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
    
       (405 ILCS 5/3‑206) (from Ch. 91 1/2, par. 3‑206)   
    Sec. 3‑206.   Whenever a person is admitted or objects to admission, and whenever a recipient is notified that his legal status is to be changed, the facility director of the mental health facility shall provide the person, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑207) (from Ch. 91 1/2, par. 3‑207)   
    Sec. 3‑207.   (a) Hearings under Sections 3‑405, 3‑904 and 3‑911 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 a multi‑disciplinary group of professional staff members who are trained and equipped to deal with the clinical and treatment needs of recipients. The recipient and the objector may be represented by persons of their choice. 
    (b) The 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. A record of the proceedings shall be made and shall be kept in the recipient'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 recipient and the objector. 
    (c) Within 7 days of receipt of the recommendations, the facility director shall give written notice to the recipient and objector of his acceptance or rejection of the recommendations and his reason therefor. If the director of the facility rejects the recommendations or if the recipient or objector requests review of the director's decision, the 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 decision of the director or the decision of the Secretary of the Department, if his review was requested, shall be considered a final administrative decision. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
    
       (405 ILCS 5/3‑208) (from Ch. 91 1/2, par. 3‑208)   
    Sec. 3‑208.   Whenever a petition has been executed pursuant to Section 3‑507, 3‑601 or 3‑701, and prior to this examination for the purpose of certification of a person 12 or over, the person conducting this examination shall inform the person being examined in a simple comprehensible manner of the purpose of the examination; that he does not have to talk to the examiner; and that any statements he makes may be disclosed at a court hearing on the issue of whether he is subject to involuntary admission. If the person being examined has not been so informed, the examiner shall not be permitted to testify at any subsequent court hearing concerning the respondent's admission. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
 
       (405 ILCS 5/3‑209)(from Ch. 91 1/2, par. 3‑209)   
    Sec. 3‑209. Within three days of admission under this Chapter, a treatment plan shall be prepared for each recipient of service and entered into his or her record. The plan shall include an assessment of the recipient's treatment needs, a description of the services recommended for treatment, the goals of each type of element of service, an anticipated timetable for the accomplishment of the goals, and a designation of the qualified professional responsible for the implementation of the plan. The plan shall include a written assessment of whether or not the recipient is in need of psychotropic medications. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days. 
(Source: P.A. 94‑1066, eff. 8‑1‑06.)   
 
    
       (405 ILCS 5/3‑210) (from Ch. 91 1/2, par. 3‑210)   
    Sec. 3‑210.  Employee as perpetrator of abuse.  When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee. 
(Source: P.A. 86‑1013.)    
 
    
       (405 ILCS 5/3‑211) (from Ch. 91 1/2, par. 3‑211)   
    Sec. 3‑211.  Resident as perpetrator of abuse.  When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that another recipient of services in a mental health or developmental disability facility is the perpetrator of the abuse, the condition of the recipient suspected of being the perpetrator shall be immediately evaluated to determine the most suitable therapy and placement, considering the safety of that recipient as well as the safety of other recipients of services and employees of the facility. 
(Source: P.A. 86‑1013.)    
 
  
      (405 ILCS 5/Ch. III Art. III heading)ARTICLE III.  INFORMAL ADMISSION    
 
    
       (405 ILCS 5/3‑300) (from Ch. 91 1/2, par. 3‑300)   
    Sec. 3‑300.  Admission.   
    (a) Any person desiring admission to a mental health facility for treatment of a mental illness may be admitted upon his request without making formal application therefor if, after examination, the facility director considers that person clinically suitable for admission upon an informal basis. 
    (b) Each recipient admitted under this Section shall be informed in writing and orally at the time of admission of his right to be discharged from the facility at any time during the normal daily day‑shift hours of operation, which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to be discharged shall commence with the first day‑shift hours of operation after his admission. 
    (c) If the facility director decides to admit a person as a voluntary recipient, he shall state in the recipient's record the reason why informal admission is not suitable. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
  
      (405 ILCS 5/Ch. III Art. IV heading)ARTICLE IV.  VOLUNTARY ADMISSION OF ADULTS    
 
 
       (405 ILCS 5/3‑400)(from Ch. 91 1/2, par. 3‑400)   
    Sec. 3‑400. Voluntary admission to mental health facility. 
    (a) Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.
    (b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:
        (1) He or she is being admitted to a mental health   
           facility.  
 
  
        (2) He or she may request discharge at any time. The 
           request must be in writing, and discharge is not automatic.  
 
  
        (3) Within 5 business days after receipt of the 
           written request for discharge, the facility must either discharge the person or initiate commitment proceedings.  
 
  
 (Source: P.A. 96‑612, eff. 1‑1‑10.) 
 
    
       (405 ILCS 5/3‑401) (from Ch. 91 1/2, par. 3‑401)   
    Sec. 3‑401.   (a) The application for admission as a voluntary recipient may be executed by: 
         1. The person seeking admission, if 18 or older; or 
         2. Any interested person, 18 or older, at the 
           request of the person seeking admission; or  
 
  
          3. A minor, 16 or older, as provided in Section 
           3‑502.  
 
  
     (b) The written application form shall contain in large, bold‑face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a written notice of his desire to be discharged, unless within that time, a petition and 2 certificates are filed with the court asserting that the recipient is subject to involuntary admission. Upon admission the right to be discharged shall be communicated orally to the recipient and a copy of the application form shall be given to the recipient and to any parent, guardian, relative, attorney, or friend who accompanied the recipient to the facility. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑402) (from Ch. 91 1/2, par. 3‑402)   
    Sec. 3‑402.   No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health facility unless a physician, qualified examiner, or clinical psychologist who has examined the person is prepared to execute a certificate under Section 3‑602 and the person is advised that if he is admitted upon certification, he will be entitled to a court hearing with counsel appointed to represent him at which the State will have to prove that he is subject to involuntary admission. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑403) (from Ch. 91 1/2, par. 3‑403)   
    Sec. 3‑403.   A voluntary recipient 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 gives any treatment staff person written notice of his desire to be discharged unless he either withdraws the notice in writing or unless within the 5 day period a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3‑601 and Section 3‑602 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 IX of this Chapter. Hospitalization of the recipient may continue pending further order of the court. 
(Source: P.A. 88‑830.)    
 
    
       (405 ILCS 5/3‑404) (from Ch. 91 1/2, par. 3‑404)   
    Sec. 3‑404.   Thirty days after the voluntary admission of a recipient, the facility director shall review the recipient's record and assess the need for continuing hospitalization. The facility director shall consult with the recipient if continuing hospitalization is indicated and request from the recipient an affirmation of his desire for continued treatment. The request and affirmation shall be noted in the recipient's record. Every 60 days thereafter a review shall be conducted and a reaffirmation shall be secured from the recipient for as long as the hospitalization continues. A recipient's failure to reaffirm a desire to continue treatment shall constitute notice of his desire to be discharged. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑405) (from Ch. 91 1/2, par. 3‑405)   
    Sec. 3‑405.   (a) If the facility director of a Department mental health facility declines to admit a person seeking admission under Articles III or IV of this Chapter, a review of the denial may be requested by the person seeking admission or, with his consent, by an interested person on his behalf. Such a request may be made on behalf of a minor presented for admission under Section 3‑502, 3‑503 or 3‑504 by the minor's attorney, by the parent, guardian or person in loco parentis who executed the application for his admission, or by the minor himself if he is 16 years of age or older. 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 and shall be provided, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission. A written request for review shall be submitted to the director of the facility that denied admission within 14 days of the denial. Upon receipt of the request, the facility director shall promptly schedule a hearing to be held at the denying facility within 7 days pursuant to Section 3‑207. 
    (b) At the hearing the Department shall have the burden of proving that the person denied admission does not meet the standard set forth in the Section under which admission is sought or that an appropriate alternative community treatment program was available to meet the person's needs and was offered. 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 treatment for the person and no appropriate community alternative treatment is available, it shall recommend that the person denied admission be admitted. If it determines that another facility can provide treatment appropriate to the clinical condition and needs of the person denied admission, it may recommend that the Department or other agency assist the person in obtaining such treatment. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
  
      (405 ILCS 5/Ch. III Art. V heading)ARTICLE V.  ADMISSION OF MINORS    
 
    
       (405 ILCS 5/3‑500) (from Ch. 91 1/2, par. 3‑500)   
    Sec. 3‑500.   A minor may be admitted to a mental health facility for treatment of a mental illness or emotional disturbance only as provided in this Article or as provided in Sections 3‑10‑5 or 5‑2‑4 of the Unified Code of Corrections, as now or hereafter amended. 
(Source: P.A. 81‑1497.)    
 
    
       (405 ILCS 5/3‑501) (from Ch. 91 1/2, par. 3‑501)   
    Sec. 3‑501.   (a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of his parent, guardian or person in loco parentis shall not be necessary to authorize outpatient counseling or psychotherapy. The minor's parent, guardian or person in loco parentis shall not be informed of such counseling or psychotherapy without the consent of the minor unless the facility director believes such disclosure is necessary. If the facility director intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. However, until the consent of the minor's parent, guardian or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be limited to not more than 5 sessions, a session lasting not more than 45 minutes. 
    (b) The minor's parent, guardian or person in loco parentis shall not be liable for the costs of outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian or person in loco parentis. 
(Source: P.A. 86‑922.)    
 
    
       (405 ILCS 5/3‑502) (from Ch. 91 1/2, par. 3‑502)   
    Sec. 3‑502.   Any minor 16 years of age or older may be admitted to a mental health facility as a voluntary recipient under Article IV of this Chapter if the minor himself executes the application. A minor so admitted shall be treated as an adult under Article IV and shall be subject to all of the provisions of that Article. The minor's parent, guardian or person in loco parentis shall be immediately informed of the admission.  
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
 
       (405 ILCS 5/3‑503)(from Ch. 91 1/2, par. 3‑503)   
    Sec. 3‑503. Admission on application of parent or guardian.  
    (a) Any minor may be admitted to a mental health facility for inpatient treatment upon application to the facility director, if the facility director finds that the minor has a mental illness or emotional disturbance of such severity that hospitalization is necessary and that the minor is likely to benefit from inpatient treatment. Except in cases of admission under Section 3‑504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or clinical psychologist who has personally examined the minor shall state in writing that the minor meets the standard for admission. The statement shall set forth in detail the reasons for that conclusion and shall indicate what alternatives to hospitalization have been explored. 
    (b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis. Application may be made for a minor who is a ward of the State by the Department of Children and Family Services or by the Department of Corrections. 
(Source: P.A. 95‑804, eff. 8‑12‑08.)   
 
 
       (405 ILCS 5/3‑504)(from Ch. 91 1/2, par. 3‑504)   
    Sec. 3‑504. Minors; emergency admissions.  
    (a) A minor who is eligible for admission under Section 3‑503 and who is in a condition that immediate hospitalization is necessary may be admitted upon the application of a parent or guardian, or person in loco parentis, or of an interested person 18 years of age or older when, after diligent effort, the minor's parent, guardian or person in loco parentis cannot be located or refuses to consent to admission. Following admission of the minor, the facility director of the mental health facility shall continue efforts to locate the minor's parent, guardian or person in loco parentis. If that person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, guardian or person in loco parentis may request the minor's discharge subject to the provisions of Section 3‑508. 
    (b) A peace officer may take a minor into custody and transport the minor to a mental health facility when, as a result of his personal observation, the peace officer has reasonable grounds to believe that the minor is eligible for admission under Section 3‑503 and is in a condition that immediate hospitalization is necessary in order to protect the minor or others from physical harm. Upon arrival at the facility, the peace officer shall complete an application under Section 3‑503 and shall further include a detailed statement of the reason for the assertion that immediate hospitalization is necessary, including a description of any acts or significant threats supporting the assertion, the time and place of the occurrence of those acts or threats, and the names, addresses and telephone numbers of other witnesses of those acts or threats. 
    (c) If no parent, guardian or person in loco parentis can be found within 3 days, excluding Saturdays, Sundays or holidays, after the admission of a minor, or if that person refuses either to consent to admission of the minor or to request his discharge, a petition shall be filed under the Juvenile Court Act of 1987 to ensure that appropriate guardianship is provided. 
    (d) If, however, a court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony or other information offered by a parent, guardian, person acting in loco parentis or other interested adults, that it is necessary in order to complete an examination of a minor, the court may order that the minor be admitted to a mental health facility pending examination and may order a peace officer or other person to transport the minor to the facility. 
    (e) If a parent, guardian, or person acting in loco parentis is unable to transport a minor to a mental health facility for examination, the parent, guardian, or person acting in loco parentis may petition the court to compel a peace officer to take the minor into custody and transport the minor to a mental health facility for examination. The court may grant the order if the court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony of a parent, guardian, or person acting in loco pare	
	











































		
		
	

	
	
	

			

			
		

		

			

			

			



				

				



					

					



						

							
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							State Codes and Statutes
	Statutes > Illinois > Chapter405 > 1496 > 040500050HCh_III 


  
 
      (405 ILCS 5/Ch. III heading) CHAPTER III   ADMISSION, TRANSFER AND DISCHARGE PROCEDURES FOR THE MENTALLY ILL   
 
  
      (405 ILCS 5/Ch. III Art. I heading)ARTICLE I.  JURISDICTION; DUTIES OF STATE'S ATTORNEY    
 
    
       (405 ILCS 5/3‑100) (from Ch. 91 1/2, par. 3‑100)   
    Sec. 3‑100.   The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission. Inmates of penal institutions shall not be considered as charged with a felony within the meaning of this Chapter. Court proceedings under Article VIII of this Chapter may be instituted as to any such inmate at any time within 90 days prior to discharge of such inmate by expiration of sentence or otherwise, and if such inmate is found to be subject to involuntary admission, the order of the court ordering hospitalization or other disposition shall become effective at the time of discharge of the inmate from penal custody. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑101) (from Ch. 91 1/2, par. 3‑101)   
    Sec. 3‑101.   The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter and in proceedings under Section 2‑107.1 in their respective counties, shall attend such proceedings either in person or by assistant, and shall ensure that petitions, reports and orders are properly prepared. Nothing herein contained shall prevent any party from being represented by his own counsel. 
(Source: P.A. 89‑439, eff. 6‑1‑96.)    
 
  
      (405 ILCS 5/Ch. III Art. II heading)ARTICLE II.  GENERAL PROVISIONS    
 
    
       (405 ILCS 5/3‑200) (from Ch. 91 1/2, par. 3‑200)   
    Sec. 3‑200.   (a) A person may be admitted as an inpatient to a mental health facility for treatment of mental illness only as provided in this Chapter, except that a person may be transferred by the Department of Corrections pursuant to the Unified Code of Corrections. A person transferred by the Department of Corrections in this manner may be released only as provided in the Unified Code of Corrections. 
    (b) No person who is diagnosed as mentally retarded or a person with a developmental disability may be admitted or transferred to a Department mental health facility or, any portion thereof, except as provided in this Chapter. However, the evaluation and placement of such persons shall be governed by Article II of Chapter 4 of this Code. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑201) (from Ch. 91 1/2, par. 3‑201)   
    Sec. 3‑201.   The Department shall prescribe all forms necessary for proceedings under this Chapter, and all forms used in such proceedings shall comply substantially with the forms so prescribed. The Department shall print and furnish an initial supply of such forms to the clerks of the circuit courts. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑202) (from Ch. 91 1/2, par. 3‑202)   
    Sec. 3‑202.   (a) Every mental health facility shall maintain adequate records which shall include the Section of this Chapter under which the recipient was admitted, any subsequent change in the recipient's status, and requisite documentation for such admission and status. 
    (b) Nothing contained in this Chapter shall be construed to limit or otherwise affect the power of any mental health facility to determine the qualifications of persons who may be permitted to admit recipients to such facility. This subsection shall not affect or limit the powers of any court to order hospitalization or admission to a program of alternative treatment as set forth in this Chapter. 
(Source: P.A. 91‑357, eff. 7‑29‑99.)    
 
    
       (405 ILCS 5/3‑203) (from Ch. 91 1/2, par. 3‑203)   
    Sec. 3‑203.   Every petition, certificate and proof of service required by this Chapter shall be executed under penalty of perjury as though under oath or affirmation, but no acknowledgement is required. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑204) (from Ch. 91 1/2, par. 3‑204)   
    Sec. 3‑204.   Whenever a statement or explanation is required to be given to a recipient under this Chapter and the recipient does not read or understand English, such statement or explanation shall be provided to him in a language which he understands. Such statement or explanation shall be communicated in sign language for any hearing impaired person for whom sign language is a primary mode of communication. When a statement or explanation is provided in a language other than English, or through the use of sign language, that fact and the name of the persons by whom it was provided shall be noted in the recipient's record. This Section does not apply to copies of petitions and court orders. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑205) (from Ch. 91 1/2, par. 3‑205)   
    Sec. 3‑205.   Within 12 hours after the admission of a person to a mental health facility under Article VI or Article VII of this Chapter the facility director shall give the person a copy of the petition and a clear and concise written statement explaining the person's legal status and his right to counsel and to a court hearing. Following admission, any changes in the person's legal status shall be fully explained to him. When an explanation required by this Chapter must be given in a language other than English or through the use of sign language, it shall be given within a reasonable time before any hearing is held. 
(Source: P.A. 82‑205.)    
 
    
       (405 ILCS 5/3‑205.5)    
    Sec. 3‑205.5.  Examination and social investigation.  When any person is first presented for admission to a mental health facility under Chapter III of this Code, within 72 hours thereafter, excluding Saturdays, Sundays, and holidays, the facility shall provide or arrange for a comprehensive physical examination, mental examination, and social investigation of that person. The examinations and social investigation shall be used to determine whether some program other than hospitalization will meet the needs of the person, with preference being given to care or treatment that will enable the person to return to his or her own home or community. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
    
       (405 ILCS 5/3‑206) (from Ch. 91 1/2, par. 3‑206)   
    Sec. 3‑206.   Whenever a person is admitted or objects to admission, and whenever a recipient is notified that his legal status is to be changed, the facility director of the mental health facility shall provide the person, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑207) (from Ch. 91 1/2, par. 3‑207)   
    Sec. 3‑207.   (a) Hearings under Sections 3‑405, 3‑904 and 3‑911 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 a multi‑disciplinary group of professional staff members who are trained and equipped to deal with the clinical and treatment needs of recipients. The recipient and the objector may be represented by persons of their choice. 
    (b) The 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. A record of the proceedings shall be made and shall be kept in the recipient'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 recipient and the objector. 
    (c) Within 7 days of receipt of the recommendations, the facility director shall give written notice to the recipient and objector of his acceptance or rejection of the recommendations and his reason therefor. If the director of the facility rejects the recommendations or if the recipient or objector requests review of the director's decision, the 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 decision of the director or the decision of the Secretary of the Department, if his review was requested, shall be considered a final administrative decision. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
    
       (405 ILCS 5/3‑208) (from Ch. 91 1/2, par. 3‑208)   
    Sec. 3‑208.   Whenever a petition has been executed pursuant to Section 3‑507, 3‑601 or 3‑701, and prior to this examination for the purpose of certification of a person 12 or over, the person conducting this examination shall inform the person being examined in a simple comprehensible manner of the purpose of the examination; that he does not have to talk to the examiner; and that any statements he makes may be disclosed at a court hearing on the issue of whether he is subject to involuntary admission. If the person being examined has not been so informed, the examiner shall not be permitted to testify at any subsequent court hearing concerning the respondent's admission. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
 
       (405 ILCS 5/3‑209)(from Ch. 91 1/2, par. 3‑209)   
    Sec. 3‑209. Within three days of admission under this Chapter, a treatment plan shall be prepared for each recipient of service and entered into his or her record. The plan shall include an assessment of the recipient's treatment needs, a description of the services recommended for treatment, the goals of each type of element of service, an anticipated timetable for the accomplishment of the goals, and a designation of the qualified professional responsible for the implementation of the plan. The plan shall include a written assessment of whether or not the recipient is in need of psychotropic medications. The plan shall be reviewed and updated as the clinical condition warrants, but not less than every 30 days. 
(Source: P.A. 94‑1066, eff. 8‑1‑06.)   
 
    
       (405 ILCS 5/3‑210) (from Ch. 91 1/2, par. 3‑210)   
    Sec. 3‑210.  Employee as perpetrator of abuse.  When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility, pending the outcome of any further investigation, prosecution or disciplinary action against the employee. 
(Source: P.A. 86‑1013.)    
 
    
       (405 ILCS 5/3‑211) (from Ch. 91 1/2, par. 3‑211)   
    Sec. 3‑211.  Resident as perpetrator of abuse.  When an investigation of a report of suspected abuse of a recipient of services indicates, based upon credible evidence, that another recipient of services in a mental health or developmental disability facility is the perpetrator of the abuse, the condition of the recipient suspected of being the perpetrator shall be immediately evaluated to determine the most suitable therapy and placement, considering the safety of that recipient as well as the safety of other recipients of services and employees of the facility. 
(Source: P.A. 86‑1013.)    
 
  
      (405 ILCS 5/Ch. III Art. III heading)ARTICLE III.  INFORMAL ADMISSION    
 
    
       (405 ILCS 5/3‑300) (from Ch. 91 1/2, par. 3‑300)   
    Sec. 3‑300.  Admission.   
    (a) Any person desiring admission to a mental health facility for treatment of a mental illness may be admitted upon his request without making formal application therefor if, after examination, the facility director considers that person clinically suitable for admission upon an informal basis. 
    (b) Each recipient admitted under this Section shall be informed in writing and orally at the time of admission of his right to be discharged from the facility at any time during the normal daily day‑shift hours of operation, which shall include but need not be limited to 9 a.m. to 5 p.m. Such right to be discharged shall commence with the first day‑shift hours of operation after his admission. 
    (c) If the facility director decides to admit a person as a voluntary recipient, he shall state in the recipient's record the reason why informal admission is not suitable. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
  
      (405 ILCS 5/Ch. III Art. IV heading)ARTICLE IV.  VOLUNTARY ADMISSION OF ADULTS    
 
 
       (405 ILCS 5/3‑400)(from Ch. 91 1/2, par. 3‑400)   
    Sec. 3‑400. Voluntary admission to mental health facility. 
    (a) Any person 16 or older, including a person adjudicated a disabled person, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.
    (b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:
        (1) He or she is being admitted to a mental health   
           facility.  
 
  
        (2) He or she may request discharge at any time. The 
           request must be in writing, and discharge is not automatic.  
 
  
        (3) Within 5 business days after receipt of the 
           written request for discharge, the facility must either discharge the person or initiate commitment proceedings.  
 
  
 (Source: P.A. 96‑612, eff. 1‑1‑10.) 
 
    
       (405 ILCS 5/3‑401) (from Ch. 91 1/2, par. 3‑401)   
    Sec. 3‑401.   (a) The application for admission as a voluntary recipient may be executed by: 
         1. The person seeking admission, if 18 or older; or 
         2. Any interested person, 18 or older, at the 
           request of the person seeking admission; or  
 
  
          3. A minor, 16 or older, as provided in Section 
           3‑502.  
 
  
     (b) The written application form shall contain in large, bold‑face type a statement in simple nontechnical terms that the voluntary recipient may be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a written notice of his desire to be discharged, unless within that time, a petition and 2 certificates are filed with the court asserting that the recipient is subject to involuntary admission. Upon admission the right to be discharged shall be communicated orally to the recipient and a copy of the application form shall be given to the recipient and to any parent, guardian, relative, attorney, or friend who accompanied the recipient to the facility. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑402) (from Ch. 91 1/2, par. 3‑402)   
    Sec. 3‑402.   No physician, qualified examiner, or clinical psychologist shall state to any person that involuntary admission may result if such person does not voluntarily admit himself to a mental health facility unless a physician, qualified examiner, or clinical psychologist who has examined the person is prepared to execute a certificate under Section 3‑602 and the person is advised that if he is admitted upon certification, he will be entitled to a court hearing with counsel appointed to represent him at which the State will have to prove that he is subject to involuntary admission. 
(Source: P.A. 80‑1414.)    
 
    
       (405 ILCS 5/3‑403) (from Ch. 91 1/2, par. 3‑403)   
    Sec. 3‑403.   A voluntary recipient 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 gives any treatment staff person written notice of his desire to be discharged unless he either withdraws the notice in writing or unless within the 5 day period a petition and 2 certificates conforming to the requirements of paragraph (b) of Section 3‑601 and Section 3‑602 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 IX of this Chapter. Hospitalization of the recipient may continue pending further order of the court. 
(Source: P.A. 88‑830.)    
 
    
       (405 ILCS 5/3‑404) (from Ch. 91 1/2, par. 3‑404)   
    Sec. 3‑404.   Thirty days after the voluntary admission of a recipient, the facility director shall review the recipient's record and assess the need for continuing hospitalization. The facility director shall consult with the recipient if continuing hospitalization is indicated and request from the recipient an affirmation of his desire for continued treatment. The request and affirmation shall be noted in the recipient's record. Every 60 days thereafter a review shall be conducted and a reaffirmation shall be secured from the recipient for as long as the hospitalization continues. A recipient's failure to reaffirm a desire to continue treatment shall constitute notice of his desire to be discharged. 
(Source: P.A. 88‑380.)    
 
    
       (405 ILCS 5/3‑405) (from Ch. 91 1/2, par. 3‑405)   
    Sec. 3‑405.   (a) If the facility director of a Department mental health facility declines to admit a person seeking admission under Articles III or IV of this Chapter, a review of the denial may be requested by the person seeking admission or, with his consent, by an interested person on his behalf. Such a request may be made on behalf of a minor presented for admission under Section 3‑502, 3‑503 or 3‑504 by the minor's attorney, by the parent, guardian or person in loco parentis who executed the application for his admission, or by the minor himself if he is 16 years of age or older. 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 and shall be provided, if he is 12 or older, with the address and phone number of the Guardianship and Advocacy Commission. If the person requests, the facility director shall assist him in contacting the Commission. A written request for review shall be submitted to the director of the facility that denied admission within 14 days of the denial. Upon receipt of the request, the facility director shall promptly schedule a hearing to be held at the denying facility within 7 days pursuant to Section 3‑207. 
    (b) At the hearing the Department shall have the burden of proving that the person denied admission does not meet the standard set forth in the Section under which admission is sought or that an appropriate alternative community treatment program was available to meet the person's needs and was offered. 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 treatment for the person and no appropriate community alternative treatment is available, it shall recommend that the person denied admission be admitted. If it determines that another facility can provide treatment appropriate to the clinical condition and needs of the person denied admission, it may recommend that the Department or other agency assist the person in obtaining such treatment. 
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
  
      (405 ILCS 5/Ch. III Art. V heading)ARTICLE V.  ADMISSION OF MINORS    
 
    
       (405 ILCS 5/3‑500) (from Ch. 91 1/2, par. 3‑500)   
    Sec. 3‑500.   A minor may be admitted to a mental health facility for treatment of a mental illness or emotional disturbance only as provided in this Article or as provided in Sections 3‑10‑5 or 5‑2‑4 of the Unified Code of Corrections, as now or hereafter amended. 
(Source: P.A. 81‑1497.)    
 
    
       (405 ILCS 5/3‑501) (from Ch. 91 1/2, par. 3‑501)   
    Sec. 3‑501.   (a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent of his parent, guardian or person in loco parentis shall not be necessary to authorize outpatient counseling or psychotherapy. The minor's parent, guardian or person in loco parentis shall not be informed of such counseling or psychotherapy without the consent of the minor unless the facility director believes such disclosure is necessary. If the facility director intends to disclose the fact of counseling or psychotherapy, the minor shall be so informed. However, until the consent of the minor's parent, guardian or person in loco parentis has been obtained, outpatient counseling or psychotherapy provided to a minor under the age of 17 shall be limited to not more than 5 sessions, a session lasting not more than 45 minutes. 
    (b) The minor's parent, guardian or person in loco parentis shall not be liable for the costs of outpatient counseling or psychotherapy which is received by the minor without the consent of the minor's parent, guardian or person in loco parentis. 
(Source: P.A. 86‑922.)    
 
    
       (405 ILCS 5/3‑502) (from Ch. 91 1/2, par. 3‑502)   
    Sec. 3‑502.   Any minor 16 years of age or older may be admitted to a mental health facility as a voluntary recipient under Article IV of this Chapter if the minor himself executes the application. A minor so admitted shall be treated as an adult under Article IV and shall be subject to all of the provisions of that Article. The minor's parent, guardian or person in loco parentis shall be immediately informed of the admission.  
(Source: P.A. 91‑726, eff. 6‑2‑00.)    
 
 
       (405 ILCS 5/3‑503)(from Ch. 91 1/2, par. 3‑503)   
    Sec. 3‑503. Admission on application of parent or guardian.  
    (a) Any minor may be admitted to a mental health facility for inpatient treatment upon application to the facility director, if the facility director finds that the minor has a mental illness or emotional disturbance of such severity that hospitalization is necessary and that the minor is likely to benefit from inpatient treatment. Except in cases of admission under Section 3‑504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or clinical psychologist who has personally examined the minor shall state in writing that the minor meets the standard for admission. The statement shall set forth in detail the reasons for that conclusion and shall indicate what alternatives to hospitalization have been explored. 
    (b) The application may be executed by a parent or guardian or, in the absence of a parent or guardian, by a person in loco parentis. Application may be made for a minor who is a ward of the State by the Department of Children and Family Services or by the Department of Corrections. 
(Source: P.A. 95‑804, eff. 8‑12‑08.)   
 
 
       (405 ILCS 5/3‑504)(from Ch. 91 1/2, par. 3‑504)   
    Sec. 3‑504. Minors; emergency admissions.  
    (a) A minor who is eligible for admission under Section 3‑503 and who is in a condition that immediate hospitalization is necessary may be admitted upon the application of a parent or guardian, or person in loco parentis, or of an interested person 18 years of age or older when, after diligent effort, the minor's parent, guardian or person in loco parentis cannot be located or refuses to consent to admission. Following admission of the minor, the facility director of the mental health facility shall continue efforts to locate the minor's parent, guardian or person in loco parentis. If that person is located and consents in writing to the admission, the minor may continue to be hospitalized. However, upon notification of the admission, the parent, guardian or person in loco parentis may request the minor's discharge subject to the provisions of Section 3‑508. 
    (b) A peace officer may take a minor into custody and transport the minor to a mental health facility when, as a result of his personal observation, the peace officer has reasonable grounds to believe that the minor is eligible for admission under Section 3‑503 and is in a condition that immediate hospitalization is necessary in order to protect the minor or others from physical harm. Upon arrival at the facility, the peace officer shall complete an application under Section 3‑503 and shall further include a detailed statement of the reason for the assertion that immediate hospitalization is necessary, including a description of any acts or significant threats supporting the assertion, the time and place of the occurrence of those acts or threats, and the names, addresses and telephone numbers of other witnesses of those acts or threats. 
    (c) If no parent, guardian or person in loco parentis can be found within 3 days, excluding Saturdays, Sundays or holidays, after the admission of a minor, or if that person refuses either to consent to admission of the minor or to request his discharge, a petition shall be filed under the Juvenile Court Act of 1987 to ensure that appropriate guardianship is provided. 
    (d) If, however, a court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony or other information offered by a parent, guardian, person acting in loco parentis or other interested adults, that it is necessary in order to complete an examination of a minor, the court may order that the minor be admitted to a mental health facility pending examination and may order a peace officer or other person to transport the minor to the facility. 
    (e) If a parent, guardian, or person acting in loco parentis is unable to transport a minor to a mental health facility for examination, the parent, guardian, or person acting in loco parentis may petition the court to compel a peace officer to take the minor into custody and transport the minor to a mental health facility for examination. The court may grant the order if the court finds, based on the evaluation by a psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony of a parent, guardian, or person acting in loco pare					
					
				

		
							
					

					
				
					

					



						
							

							
                            
								

								
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