Chapter 405 — MENTAL HEALTH, BEHAVIORAL HEALTH, AND DEVELOPMENTAL DISABILITIES

(405 ILCS 5/3-803) (from Ch. 91 1/2, par. 3-803) Sec. 3-803. The court may appoint one or more physicians, qualified examiners, clinical psychologists or other experts to examine the respondent and make a detailed written report of his findings regarding the respondent's conditio…

(405 ILCS 5/3-804) (from Ch. 91 1/2, par. 3-804) Sec. 3-804. The respondent is entitled to secure an independent examination by a physician, qualified examiner, clinical psychologist or other expert of his or her choice. If the respondent is unable to obtain an examination in an …

(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805) Sec. 3-805. Every respondent alleged to be subject to involuntary admission on an inpatient or outpatient basis shall be represented by counsel. If the respondent is indigent or an appearance has not been entered on his behalf at t…

(405 ILCS 5/3-806) (from Ch. 91 1/2, par. 3-806) Sec. 3-806. Presence at hearing; location. (a) The respondent shall be present at any hearing held under this Act unless his attorney waives his right to be present and the court is satisfied by a clear showing that the respondent'…

(405 ILCS 5/3-806.1) Sec. 3-806.1. Video conferencing. (a) Notwithstanding the provisions in Section 3-806, the Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in all hearings under this Chapter subject …

(405 ILCS 5/3-807) (from Ch. 91 1/2, par. 3-807) Sec. 3-807. No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless at least one psychiatrist, clinical social worker, clinical psychologist, advanced practice psychiatric nurse, or qu…

(405 ILCS 5/3-808) (from Ch. 91 1/2, par. 3-808) Sec. 3-808. No respondent may be found subject to involuntary admission on an inpatient or outpatient basis unless that finding has been established by clear and convincing evidence. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, ef…

(405 ILCS 5/3-809) (from Ch. 91 1/2, par. 3-809) Sec. 3-809. If the respondent is not found subject to involuntary admission on an inpatient or outpatient basis, the court shall dismiss the petition and order the respondent discharged. If the respondent is found subject to involu…

(405 ILCS 5/3-810) (from Ch. 91 1/2, par. 3-810) Sec. 3-810. Before disposition is determined, the facility director or such other person as the court may direct shall prepare a written report including information on the appropriateness and availability of alternative treatment …

(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811) Sec. 3-811. Involuntary admission; alternative mental health facilities. (a) If any person is found subject to involuntary admission on an inpatient basis, the court shall consider alternative mental health facilities which are app…

(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812) Sec. 3-812. Court ordered admission on an outpatient basis; modification; revocation. (a) If a respondent is found subject to involuntary admission on an outpatient basis, the court may issue an order: (i) placing the respondent in…

(405 ILCS 5/3-813) (from Ch. 91 1/2, par. 3-813) Sec. 3-813. (a) An initial order for commitment on an inpatient basis shall be for a period not to exceed 90 days. Prior to the expiration of the initial order if the facility director believes that the recipient continues to be su…

(405 ILCS 5/3-814) (from Ch. 91 1/2, par. 3-814) Sec. 3-814. Treatment plan. (a) Not more than 30 days after admission under this Article, the facility director shall file with the court a current treatment plan which shall include: all the requirements listed in Section 3-209, a…

(405 ILCS 5/3-815) Sec. 3-815. (Repealed). (Source: P.A. 86-1402. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

(405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816) Sec. 3-816. Final orders; copies; appeal. (a) Every final order entered by the court under this Act 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…

(405 ILCS 5/3-817) (from Ch. 91 1/2, par. 3-817) Sec. 3-817. A verbatim record shall be made of all judicial hearings held pursuant to this Chapter. (Source: P.A. 80-1414.)

(405 ILCS 5/3-818) (from Ch. 91 1/2, par. 3-818) Sec. 3-818. Fees; costs. (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 m…

(405 ILCS 5/3-819) (from Ch. 91 1/2, par. 3-819) Sec. 3-819. (a) In counties with a population of 3,000,000 or more, when a recipient is hospitalized upon court order, the order may authorize a relative or friend of the recipient to transport the recipient to the facility if such…

(405 ILCS 5/3-820) (from Ch. 91 1/2, par. 3-820) Sec. 3-820. Domestic violence; order of protection. An order of protection, as defined in the Illinois Domestic Violence Act of 1986, may be issued in conjunction with a proceeding for involuntary commitment if the petition for an …

(405 ILCS 5/3-900) (from Ch. 91 1/2, par. 3-900) Sec. 3-900. (a) Any person committed on an inpatient or outpatient basis on court order under this Chapter or under any prior statute or any person on his behalf may file a petition for discharge at any time in the court of the cou…

(405 ILCS 5/3-901) (from Ch. 91 1/2, par. 3-901) Sec. 3-901. (a) Upon the filing of a petition under Section 3-900 or Section 3-906, the court shall set the matter for hearing to be held within 5 days, excluding Saturdays, Sundays, and holidays. The court shall direct that notice…

(405 ILCS 5/3-902) (from Ch. 91 1/2, par. 3-902) Sec. 3-902. Director initiated discharge. (a) The facility director may at any time discharge an informal, voluntary, or minor recipient who is clinically suitable for discharge. (b) The facility director shall discharge a recipien…

(405 ILCS 5/3-903) (from Ch. 91 1/2, par. 3-903) Sec. 3-903. (a) The facility director shall give written notice of discharge from a Department mental health facility to the recipient, his attorney, and guardian, if any, or in the case of a minor, to his attorney, to the parent, …

(405 ILCS 5/3-904) (from Ch. 91 1/2, par. 3-904) Sec. 3-904. Any person with mental illness admitted to a facility or placed in the care and custody of another person under any prior statute of this State is subject to this Chapter and may be discharged in accordance with its pro…

(405 ILCS 5/3-905) (from Ch. 91 1/2, par. 3-905) Sec. 3-905. 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 th…

(405 ILCS 5/3-906) (from Ch. 91 1/2, par. 3-906) Sec. 3-906. (a) Any person who has been adjudicated to be a person under legal disability in any proceedings under any prior mental health statute of this State or any person on his behalf may file at any time a petition for modifi…

(405 ILCS 5/3-907) (from Ch. 91 1/2, par. 3-907) Sec. 3-907. Any person who is under legal disability solely by reason of a court order adjudicating him mentally ill entered prior to January 1, 1964, shall be deemed to be a person under no legal disability 180 days from the effec…

(405 ILCS 5/3-908) (from Ch. 91 1/2, par. 3-908) Sec. 3-908. Application for transfer of recipient to another Department facility. (a) The facility director of any Department facility may transfer a recipient to another Department facility if he determines the transfer to be clin…

(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909) Sec. 3-909. Alternative treatment. Any recipient hospitalized or admitted to alternative treatment or care and custody under Article VIII of this Chapter may at any time petition the court for transfer to a different facility or pr…

(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910) Sec. 3-910. (a) Whenever a recipient who has been in a Department facility for more than 7 days is to be transferred to another facility under Section 3-908, the facility director of the facility shall give written notice at least …

(405 ILCS 5/3-911) Sec. 3-911. Aftercare plan. (a) The Department of Human Services when a recipient of services under this Code, whether admitted on a voluntary or involuntary basis, is being discharged from an inpatient facility, shall provide the recipient and the recipient's …

(405 ILCS 5/4-100) (from Ch. 91 1/2, par. 4-100) Sec. 4-100. The circuit court has jurisdiction under this Chapter over persons not charged with a felony who meet the standard for judicial admission. Inmates of penal institutions shall not be considered as charged with a felony w…

(405 ILCS 5/4-101) (from Ch. 91 1/2, par. 4-101) Sec. 4-101. The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter in their respective counties, shall attend such proceedings either in person or b…

(405 ILCS 5/4-200) (from Ch. 91 1/2, par. 4-200) Sec. 4-200. (a) A person with a developmental disability may be admitted to a facility for residential and habilitation services only as provided in this Chapter, except that a person may be transferred by the Department of Correct…

(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201) Sec. 4-201. (a) A person with an intellectual disability shall not reside in a Department mental health facility unless the person is evaluated and is determined to be a person with mental illness and the facility director determin…

(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1) Sec. 4-201.1. (a) A person residing in a Department mental health facility who is evaluated as having a mild or moderate intellectual disability, an attorney or advocate representing the person, or a guardian of such person may…

(405 ILCS 5/4-202) (from Ch. 91 1/2, par. 4-202) Sec. 4-202. 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 publish all for…

(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203) Sec. 4-203. (a) Every developmental disabilities facility shall maintain adequate records which shall include the Section of this Act under which the client was admitted, any subsequent change in the client's status, and requisite …

(405 ILCS 5/4-204) (from Ch. 91 1/2, par. 4-204) Sec. 4-204. 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 5/4-205) (from Ch. 91 1/2, par. 4-205) Sec. 4-205. Whenever a statement or explanation is required to be given to the persons specified in Section 4-206, every effort shall be made to furnish such statement or explanation in a comprehensible language and in a manner cal…

(405 ILCS 5/4-206) (from Ch. 91 1/2, par. 4-206) Sec. 4-206. Unless otherwise indicated, whenever notice is required under this Chapter, it shall be given pursuant to this Section. If a client is under 18 years of age, notice shall be given to his parent, guardian or person in lo…

(405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207) Sec. 4-207. (a) Six months prior to the eighteenth birthday of a client who is resident in a facility, the client shall be evaluated by the facility to determine whether he has the capacity to consent to administrative admission. I…

(405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208) Sec. 4-208. Whenever a person is admitted, is denied admission, or objects to admission to a facility and whenever a client is notified that he is to be transferred or discharged or that his legal status is to be changed, the facil…

(405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209) Sec. 4-209. (a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709 of this Chapter shall be conducted by a utilization review committee. The Secretary shall appoint a utilization review committee at each Department facility. E…

(405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210) Sec. 4-210. Whenever a petition has been executed pursuant to Sections 4-401 or 4-501, and prior to the examination for the purpose of certification, the person conducting this examination shall inform the person being examined in …

(405 ILCS 5/4-211) Sec. 4-211. Sex education for persons admitted to a developmental disability facility and receiving habilitation. In this Section, "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality. A person …

(405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300) Sec. 4-300. (a) No person may be administratively admitted to any facility including Chester Mental Health Center, unless an adequate diagnostic evaluation of his current condition has been conducted to determine his suitability fo…

(405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301) Sec. 4-301. Report and recommendation. (a) A report of the evaluation results shall include a description of the person's disability and need for services, if any; a description of the methods of evaluation used; an evaluation of t…

(405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302) Sec. 4-302. A person with a developmental disability may be administratively admitted to a facility upon application if the facility director of the facility determines that the person is suitable for admission. A person 18 years o…

(405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303) Sec. 4-303. (a) The application shall include the name and address of the person to be admitted; the name and address of his spouse, nearest adult relative, and guardian, or if none, friend; the name and address of the person execu…