State Codes and Statutes
Statutes > Illinois > Chapter405 > 1496 > 040500050HCh_III_Art_VI
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2. The name and address of the spouse, parent, | ||
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3. The petitioner's relationship to the respondent | ||
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4. The names, addresses and phone numbers of the | ||
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(c) Knowingly making a material false statement in the petition is a Class A misdemeanor. (Source: P.A. 96‑1399, eff. 7‑29‑10; 96‑1453, eff. 8‑20‑10.) |
(405 ILCS 5/3‑601.1) Sec. 3‑601.1. (Repealed). (Source: P.A. 88‑484. Repealed by P.A. 91‑726, eff. 6‑2‑00.) |
(405 ILCS 5/3‑601.2) Sec. 3‑601.2. Consent to admission by healthcare surrogate. A surrogate decision maker under the Health Care Surrogate Act may not consent to the admission to a mental health facility of a person who lacks decision making capacity. A surrogate may, however, petition for involuntary admission pursuant to this Code. This Section does not affect the authority of a court appointed guardian. (Source: P.A. 90‑538, eff. 12‑1‑97.) |
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2. a diligent effort was made to obtain a certificate; 3. no physician, qualified examiner, psychiatrist, or | ||
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4. a diligent effort has been made to convince the | ||
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(Source: P.A. 96‑1399, eff. 7‑29‑10; 96‑1453, eff. 8‑20‑10.) |
(405 ILCS 5/3‑604) (from Ch. 91 1/2, par. 3‑604) Sec. 3‑604. No person detained for examination under this Article on the basis of a petition alone may be held for more than 24 hours unless within that period a certificate is furnished to or by the mental health facility. If no certificate is furnished, the respondent shall be released forthwith. (Source: P.A. 80‑1414.) |
(405 ILCS 5/3‑605) (from Ch. 91 1/2, par. 3‑605) Sec. 3‑605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared pursuant to this Article, the county sheriff of the county in which a respondent is found shall take a respondent into custody and transport him to a mental health facility, or may make arrangements with another public or private entity including a licensed ambulance service to transport the respondent to the mental health facility. In the event it is determined by such facility that the respondent is in need of commitment or treatment at another mental health facility, the county sheriff shall transport the respondent to the appropriate mental health facility, or the county sheriff may make arrangements with another public or private entity including a licensed ambulance service to transport the respondent to the mental health facility. (b) The county sheriff may delegate his duties under subsection (a) to another law enforcement body within that county if that law enforcement body agrees. (b‑5) In counties with a population under 3,000,000, upon receipt of a petition and certificate prepared pursuant to this Article, the Department shall make arrangements to appropriately transport the respondent to a mental health facility. In the event it is determined by the facility that the respondent is in need of commitment or treatment at another mental health facility, the Department shall make arrangements to appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility. In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and the use of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible. The Department may not make arrangements with an existing hospital or grant‑in‑aid or fee‑for‑service community provider for transportation services under this Section unless the hospital or provider has voluntarily submitted a proposal for its transportation services. This requirement does not eliminate or reduce any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation. (c) The transporting authority acting in good faith and without negligence in connection with the transportation of respondents shall incur no liability, civil or criminal, by reason of such transportation. (d) The respondent and the estate of that respondent are liable for the payment of transportation costs for transporting the respondent to a mental health facility. If the respondent is a beneficiary of a trust described in Section 15.1 of the Trusts and Trustees Act, the trust shall not be considered a part of the respondent's estate and shall not be subject to payment for transportation costs for transporting the respondent to a mental health facility under this Section except to the extent permitted under Section 15.1 of the Trusts and Trustees Act. If the respondent is unable to pay or if the estate of the respondent is insufficient, the responsible relatives are severally liable for the payment of those sums or for the balance due in case less than the amount owing has been paid. If the respondent is covered by insurance, the insurance carrier shall be liable for payment to the extent authorized by the respondent's insurance policy. (Source: P.A. 93‑770, eff. 1‑1‑05.) |
(405 ILCS 5/3‑608) (from Ch. 91 1/2, par. 3‑608) Sec. 3‑608. Upon completion of one certificate, the facility may begin treatment of the respondent. However, the respondent shall be informed of his right to refuse medication and if he refuses, medication shall not be given unless it is necessary to prevent the respondent from causing serious harm to himself or others. The facility shall record what treatment is given to the respondent together with the reasons therefor. (Source: P.A. 80‑1414.) |
(405 ILCS 5/3‑609) (from Ch. 91 1/2, par. 3‑609) Sec. 3‑609. Within 12 hours after his admission, the respondent shall be given a copy of the petition and a statement as provided in Section 3‑206. Not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission, a copy of the petition and statement shall be given or sent to the respondent's attorney and guardian, if any. The respondent shall be asked if he desires such documents sent to any other persons, and at least 2 such persons designated by the respondent shall receive such documents. The respondent shall be allowed to complete no less than 2 telephone calls at the time of his admission to such persons as he chooses. (Source: P.A. 80‑1414.) |
(405 ILCS 5/3‑611) (from Ch. 91 1/2, par. 3‑611) Sec. 3‑611. Within 24 hours, excluding Saturdays, Sundays and holidays, after the respondent's admission under this Article, the facility director of the facility shall file 2 copies of the petition, the first certificate, and proof of service of the petition and statement of rights upon the respondent with the court in the county in which the facility is located. Upon completion of the second certificate, the facility director shall promptly file it with the court. The facility director shall make copies of the certificates available to the attorneys for the parties upon request. Upon the filing of the petition and first certificate, the court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after receipt of the petition. The court shall direct that notice of the time and place of the hearing be served upon the respondent, his responsible relatives, and the persons entitled to receive a copy of the petition pursuant to Section 3‑609. (Source: P.A. 80‑1414.) |