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

(405 ILCS 15/2) (from Ch. 91 1/2, par. 142) Sec. 2. The court shall set a date for a hearing on the petition within 5 days, excluding Saturdays, Sundays and holidays, after the filing of the petition. The hearing shall be conducted in the manner prescribed in Article VIII of Chap…

(405 ILCS 85/2) (from Ch. 91 1/2, par. 2002) Sec. 2. Purpose. The purpose of this Act is to create a program which provides services and care in substitute family homes for persons with a developmental disability and which allows individuals who have skills in parenting, and who …

(405 ILCS 25/2) (from Ch. 91 1/2, par. 602) Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, the terms specified in the following Sections preceding Section 3 have the meanings ascribed to them in those Sections. (Source: P.A. 87-866.)

(405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1) Sec. 2-1. This Article may be cited as the Home-Based Support Services Law for Adults with Mental Disabilities. (Source: P.A. 99-143, eff. 7-27-15.)

(405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10) Sec. 2-10. Before eligible adults with mental disabilities receive services under this Article, they shall maximize use of other services provided by other governmental agencies, including but not limited to educational and vocat…

(405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100) Sec. 2-100. (a) No recipient of services shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the Constitution of the United States solely on account of the recei…

(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101) Sec. 2-101. No recipient of services shall be presumed to be a person under a legal disability, nor shall such person be held to be a person under a legal disability except as determined by a court. Such determination shall be sepa…

(405 ILCS 5/2-101.1) Sec. 2-101.1. Counseling services; consent; costs. (a) Any adult under guardianship may request and receive counseling services or psychotherapy. The consent of the guardian shall not be necessary to authorize counseling or psychotherapy. The adult's guardian…

(405 ILCS 5/2-102) (from Ch. 91 1/2, par. 2-102) Sec. 2-102. (a) A recipient of services shall be provided with adequate and humane care and services in the least restrictive environment, pursuant to an individual services plan. The Plan shall be formulated and periodically revie…

(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103) (Text of Section before amendment by P.A. 104-465) Sec. 2-103. Except as provided in this Section, a recipient who resides in a mental health or developmental disabilities facility shall be permitted unimpeded, private, and uncenso…

(405 ILCS 5/2-104) (from Ch. 91 1/2, par. 2-104) Sec. 2-104. Every recipient who resides in a mental health or developmental disabilities facility shall be permitted to receive, possess and use personal property and shall be provided with a reasonable amount of storage space ther…

(405 ILCS 5/2-105) (from Ch. 91 1/2, par. 2-105) Sec. 2-105. A recipient of services may use his money as he chooses, unless he is a minor or prohibited from doing so under a court guardianship order. A recipient may deposit or cause to be deposited money in his name with a servi…

(405 ILCS 5/2-106) (from Ch. 91 1/2, par. 2-106) Sec. 2-106. A recipient of services may perform labor to which he consents for a service provider, if the professional responsible for overseeing the implementation of the services plan for such recipient determines that such labor…

(405 ILCS 5/2-107) (from Ch. 91 1/2, par. 2-107) Sec. 2-107. Refusal of services; informing of risks. (a) An adult recipient of services or the recipient's guardian, if the recipient is under guardianship, and the recipient's substitute decision maker, if any, must be informed of…

(405 ILCS 5/2-107.1) (from Ch. 91 1/2, par. 2-107.1) Sec. 2-107.1. Administration of psychotropic medication and electroconvulsive therapy upon application to a court. (a) (Blank). (a-5) Notwithstanding the provisions of Section 2-107 of this Code, psychotropic medication and ele…

(405 ILCS 5/2-107.2) (from Ch. 91 1/2, par. 2-107.2) Sec. 2-107.2. Review; notice. (a) Whenever any recipient, who is receiving treatment in a residential mental health facility, has been receiving psychotropic medication or electroconvulsive therapy in that facility continuously…

(405 ILCS 5/2-107.3) Sec. 2-107.3. Reports. Each facility director of a State-operated mental health facility shall prepare a quarterly report stating the number of persons who were determined to meet the standard for administration of psychotropic medication or electroconvulsive…

(405 ILCS 5/2-107.4) Sec. 2-107.4. Video conferencing. (a) The Illinois Supreme Court or any circuit court of this State may adopt rules permitting the use of video conferencing equipment in any hearing under Section 2-107.1 subject to the following conditions: (1) if the parties…

(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108) (Text of Section before amendment by P.A. 104-465) Sec. 2-108. Use of restraint. Restraint may be used only as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others. Restrain…

(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109) (Text of Section before amendment by P.A. 104-465) Sec. 2-109. Seclusion. Seclusion may be used only as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others. In no event sha…

(405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11) Sec. 2-11. The Department, as successor to any agreements between the Department of Mental Health and Developmental Disabilities and the Department of Rehabilitation Services for the provision of training, employment placement, a…

(405 ILCS 5/2-110) (from Ch. 91 1/2, par. 2-110) Sec. 2-110. No recipient of services shall be subjected to any unusual, hazardous, or experimental services or psychosurgery, without his written and informed consent. If the recipient is a minor or is under guardianship, such reci…

(405 ILCS 5/2-110.1) Sec. 2-110.1. Reports. (a) A mental hospital or facility at which electroconvulsive therapy is administered shall submit to the Department quarterly reports relating to the administration of the therapy for the purposes of reducing morbidity or mortality and …

(405 ILCS 5/2-110.5) Sec. 2-110.5. Electroconvulsive therapy for minors. If a recipient is a minor, that recipient's parent or guardian is authorized, only with the approval of the court under the procedures set out in Section 2-107.1, to provide consent for participation of the …

(405 ILCS 5/2-111) (from Ch. 91 1/2, par. 2-111) Sec. 2-111. A medical or dental emergency exists when delay for the purpose of obtaining consent would endanger the life or adversely and substantially affect the health of a recipient of services. When a medical or dental emergenc…

(405 ILCS 5/2-112) (from Ch. 91 1/2, par. 2-112) Sec. 2-112. Freedom from abuse and neglect. Every recipient of services in a mental health or developmental disability facility shall be free from abuse and neglect. (Source: P.A. 86-1013.)

(405 ILCS 5/2-113) (from Ch. 91 1/2, par. 2-113) Sec. 2-113. (a) Upon admission, the facility shall inquire of the recipient if a spouse, family member, friend or an agency is to be notified of his admission to the facility. If the recipient consents to release of information con…

(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114) (Text of Section before amendment by P.A. 104-465) Sec. 2-114. (a) Whenever an attorney or other advocate from the Guardianship and Advocacy Commission or the agency designated by the Governor under Section 1 of the Protection and …

(405 ILCS 5/2-115) Sec. 2-115. Participants in mental health courts. Subject to appropriations, the Department shall establish pilot programs to provide the clinical services necessary to serve participants in mental health courts that have been established in any judicial circui…

(405 ILCS 5/2-116) Sec. 2-116. Authorized electronic monitoring of a recipient's room. (a) A recipient who resides in a developmental disability facility shall be permitted to conduct authorized electronic monitoring of the recipient's room through the use of electronic monitorin…

(405 ILCS 80/2-13) (from Ch. 91 1/2, par. 1802-13) Sec. 2-13. If the Department denies an application for participation in the Program or denies services as provided in Section 2-8, the Department shall give written notice of the denial to the person who signed the application. T…

(405 ILCS 80/2-14) (from Ch. 91 1/2, par. 1802-14) Sec. 2-14. The Department shall make available financial assistance to adults with a developmental disability to effectuate implementation of the Developmental Disabilities Services Plan developed under Article I of this Act. The…

(405 ILCS 80/2-15) (from Ch. 91 1/2, par. 1802-15) Sec. 2-15. The Department shall have all powers and duties necessary to implement this Article. (Source: P.A. 86-921.)

(405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16) Sec. 2-16. The Department shall adopt rules pursuant to the Illinois Administrative Procedure Act to implement the Home-Based Support Services Program for Adults with Mental Disabilities. The rules shall include the intake proced…

(405 ILCS 80/2-17) Sec. 2-17. Transition from special education. (a) If a person receiving special educational services under Article 14 of the School Code at a school in this State has severe autism, severe mental illness, a severe or profound intellectual disability, or severe …

(405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2) Sec. 2-2. The purpose of this Article is to authorize the Department of Human Services to encourage, develop, sponsor and fund home-based and community-based services for adults with mental disabilities in order to provide alternat…

(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200) (Text of Section before amendment by P.A. 104-465) Sec. 2-200. (a) Upon commencement of services, or as soon thereafter as the condition of the recipient permits, every adult recipient, as well as the recipient's guardian or substi…

(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201) (Text of Section before amendment by P.A. 104-465) Sec. 2-201. (a) Whenever any rights of a recipient of services that are specified in this Chapter are restricted, the professional responsible for overseeing the implementation of …

(405 ILCS 5/2-202) (from Ch. 91 1/2, par. 2-202) Sec. 2-202. The Secretary of Human Services and the facility director of each service provider shall adopt in writing such policies and procedures as are necessary to implement this Chapter. Such policies and procedures may amplify…

(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3) Sec. 2-3. As used in this Article, unless the context requires otherwise: (a) "Agency" means an agency or entity licensed by the Department pursuant to this Article or pursuant to the Community Residential Alternatives Licensing Ac…

(405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4) Sec. 2-4. The Department shall establish a Home-Based Support Services Program for Adults with Mental Disabilities ("the Program") under this Article. The purpose of the Program is to provide alternatives to institutionalization of…

(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5) Sec. 2-5. The Department shall establish eligibility standards for the Program, taking into consideration the disability levels and service needs of the target population. The Department shall create application forms which shall b…

(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6) Sec. 2-6. An application for the Program shall be submitted to the Department by the adult with a mental disability or, if the adult with a mental disability requires a guardian, by his or her legal guardian. If the application for…

(405 ILCS 80/2-7) (from Ch. 91 1/2, par. 1802-7) Sec. 2-7. Services supported by this Article shall be offered by community health and developmental service providers which have been approved and designated by the Department. (Source: P.A. 86-921.)

(405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8) Sec. 2-8. Services provided by the Department under the Program shall be denied: (a) if the adult with a mental disability no longer meets the eligibility criteria, (b) if the adult with a mental disability submits false informatio…

(405 ILCS 80/2-9) (from Ch. 91 1/2, par. 1802-9) Sec. 2-9. Reapplication for participation in the Program shall be made annually. (Source: P.A. 86-921.)

(405 ILCS 25/2.01) (from Ch. 91 1/2, par. 602.01) Sec. 2.01. "Board" means the Capital Development Board of the State of Illinois created by the "Capital Development Board Act", approved July 10, 1972, as such Act may be now or hereafter amended. (Source: P.A. 79-970.)

(405 ILCS 25/2.02) (from Ch. 91 1/2, par. 602.02) Sec. 2.02. "Department" means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities. (Source: P.A. 89-507, eff. 7-1-97.)

(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03) Sec. 2.03. "Person with a developmental disability" means a person with a "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code. (Source: P.A. 102-972, eff. 1-1-23.)

(405 ILCS 25/2.04) (from Ch. 91 1/2, par. 602.04) Sec. 2.04. "Specialized living centers" means, for the purpose of this Act, an Intermediate Care Facility specializing in living arrangements for the person with a developmental disability providing a means by which they can reach…