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

(405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304) Sec. 4-304. A person may be admitted pursuant to the recommendation of the diagnostic report. At the time of admission, a clear written statement and oral explanation of the procedures for discharge, transfer and objection to admis…

(405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305) Sec. 4-305. (a) Any interested person on behalf of a client or a client himself if he is 12 years of age or older may object to an administrative, diagnostic or temporary admission under this Article. An objection may be made at an…

(405 ILCS 5/4-306) (from Ch. 91 1/2, par. 4-306) Sec. 4-306. (a) A client 18 years of age or over, who is not under guardianship, shall be allowed to be discharged from the facility at the earliest appropriate time, not to exceed 5 days, excluding Saturdays, Sundays and holidays,…

(405 ILCS 5/4-307) (from Ch. 91 1/2, par. 4-307) Sec. 4-307. Upon the filing of the petition, the court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays. The court shall direct that notice of the time and place of the hearing be served upon …

(405 ILCS 5/4-308) (from Ch. 91 1/2, par. 4-308) Sec. 4-308. (a) If the court finds that the client is not a person with a developmental disability, that he is not in need of the services which are available at the facility, or that a less restrictive alternative is appropriate, …

(405 ILCS 5/4-309) (from Ch. 91 1/2, par. 4-309) Sec. 4-309. Habilitation plan. (a) Within 14 days of admission, the facility shall prepare a written habilitation plan consistent with the client's diagnosis and needs. The Department shall fully implement habilitation plans. Every…

(405 ILCS 5/4-309.1) (from Ch. 91 1/2, par. 4-309.1) Sec. 4-309.1. Habilitation and incentives. In accordance with Departmental powers and duties, facilities may offer incentives, including cash, to residents in connection with their habilitation plan. (Source: P.A. 89-439, eff. …

(405 ILCS 5/4-309.2) (from Ch. 91 1/2, par. 4-309.2) Sec. 4-309.2. Habilitation; incentives; disbursements. The Department may advance monies from its appropriations to facility directors for disbursement to residents in accordance with Section 4-309.1. The facility directors may…

(405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310) Sec. 4-310. At least once annually the client shall be evaluated to determine his need for continued residential services. If need for continued residence is indicated, the facility director of the facility shall consult with the p…

(405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311) Sec. 4-311. (a) A person with a developmental disability may be temporarily admitted to a facility for respite care intended for the benefit of the parent or guardian, or in the event of a crisis, care where immediate temporary res…

(405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312) Sec. 4-312. (a) If the facility director of a Department facility declines to admit a person seeking administrative or temporary admission under this Article, a review of the denial may be requested by the person who executed the a…

(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400) Sec. 4-400. (a) A person 18 years of age or older may be admitted on an emergency basis to a facility under this Article if the facility director of the facility determines: (1) that he is a person with an intellectual disability; …

(405 ILCS 5/4-401) (from Ch. 91 1/2, par. 4-401) Sec. 4-401. A petition for emergency admission may be submitted to the facility director of a facility by any interested person 18 years of age or older. The petition shall include a detailed statement of the basis for the assertio…

(405 ILCS 5/4-402) (from Ch. 91 1/2, par. 4-402) Sec. 4-402. Examination; certificate. (a) No person may be detained at a facility for more than 24 hours pending admission under this Article unless within that time a clinical psychologist, clinical social worker, or physician exa…

(405 ILCS 5/4-403) (from Ch. 91 1/2, par. 4-403) Sec. 4-403. Upon receipt of a petition and certificate prepared pursuant to this Article, a peace officer shall take a respondent into custody and transport him to a developmental disabilities facility. (Source: P.A. 80-1414.)

(405 ILCS 5/4-404) (from Ch. 91 1/2, par. 4-404) Sec. 4-404. A peace officer may take a person into custody and transport him to a facility when, as a result of his personal observation, the peace officer has reasonable grounds to believe that the person meets the standard for em…

(405 ILCS 5/4-405) (from Ch. 91 1/2, par. 4-405) Sec. 4-405. When, as a result of personal observation and testimony in open court, any court has reasonable grounds to believe that a person appearing before it meets the standard for emergency admission, the court may enter an ord…

(405 ILCS 5/4-406) (from Ch. 91 1/2, par. 4-406) Sec. 4-406. Within 12 hours after admission, the respondent shall be given a copy of the petition and an explanation of his hearing rights under Article VI of this Chapter. Within 24 hours after admission, excluding Saturdays, Sund…

(405 ILCS 5/4-407) (from Ch. 91 1/2, par. 4-407) Sec. 4-407. (a) Within 24 hours, excluding Saturdays, Sundays and holidays, after the respondent's admission under this Article, the facility director of the facility shall file with the court 2 copies of the petition and certifica…

(405 ILCS 5/4-408) (from Ch. 91 1/2, par. 4-408) Sec. 4-408. A respondent admitted on an emergency basis shall receive habilitation appropriate to his condition. However, the respondent shall be informed of his right to refuse medication and if he refuses, medication shall not be…

(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500) Sec. 4-500. A person 18 years of age or older may be admitted to a facility upon court order under this Article if the court determines: (1) that he is a person with an intellectual disability; and (2) that he is reasonably expecte…

(405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501) Sec. 4-501. Petition; certificate. (a) Any person 18 years of age or older may file a petition with the court asserting that the respondent meets the standard for judicial admission as set out in Section 4-500. The petition shall b…

(405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502) Sec. 4-502. Orders; examination; setting for hearing. (a) When no certificate is filed with the petition, if the court finds that the petition is in order and that there is a valid reason why no certificate has been filed, it may m…

(405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503) Sec. 4-503. A copy of the petition, any order for examination or evaluation, and a statement of the respondent's hearing rights under Article VI of this Chapter shall be personally served upon the respondent and shall be given or m…

(405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504) Sec. 4-504. The respondent shall be permitted to remain in his place of residence pending any examination for certification or diagnostic evaluation. He may be accompanied by one or more of his relatives or friends or by his attorn…

(405 ILCS 5/4-505) (from Ch. 91 1/2, par. 4-505) Sec. 4-505. The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays, and holidays, after it receives the diagnostic report. The court shall direct that notice of the time and place of the hearing be giv…

(405 ILCS 5/4-506) (from Ch. 91 1/2, par. 4-506) Sec. 4-506. The respondent may remain at his place of residence pending the hearing. If the court finds it necessary, it may order a peace officer or other person to have the respondent before the court at the time of the hearing. …

(405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600) Sec. 4-600. (a) Unless otherwise indicated, hearings under this Chapter shall be held pursuant to this Article. Hearings shall be held in such quarters as the court directs. To the extent practical, hearings shall be held at the de…

(405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601) Sec. 4-601. A respondent may request administrative admission at any time prior to a court order for judicial admission. If the facility director approves such a request, the court may dismiss the pending proceedings but may requir…

(405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602) Sec. 4-602. The respondent is entitled to a jury on the question of whether he meets the standard for judicial admission. The jury shall consist of 6 persons to be chosen in the same manner as are jurors in other civil proceedings.…

(405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603) Sec. 4-603. Appointment of examiners; report. The court may appoint one or more clinical psychologists, clinical social workers, physicians, or other experts to examine the respondent and make a detailed written report of his or th…

(405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604) Sec. 4-604. Independent examination. The respondent is entitled to secure an independent examination by a physician, clinical psychologist, clinical social worker, or other expert of his choice. If the respondent is unable to obtai…

(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605) Sec. 4-605. Every respondent alleged to meet the standard for judicial admission shall be represented by counsel. If the respondent is indigent or an appearance has not been entered on his behalf at the time the matter is set for h…

(405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606) Sec. 4-606. 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's attendance would subject him to s…

(405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607) Sec. 4-607. Expert testimony; waiver. No respondent may be found to meet the standard for judicial admission unless at least one clinical psychologist, clinical social worker, or physician who has examined him testifies in person a…

(405 ILCS 5/4-608) (from Ch. 91 1/2, par. 4-608) Sec. 4-608. No respondent may be found to meet the standard for judicial admission unless that finding has been established by clear and convincing evidence. (Source: P.A. 80-1414.)

(405 ILCS 5/4-609) (from Ch. 91 1/2, par. 4-609) Sec. 4-609. (a) In a hearing for judicial admission, if the respondent is not found to meet the standard for judicial admission, the court shall dismiss the petition and order the respondent discharged. (b) If it is found that the …

(405 ILCS 5/4-610) (from Ch. 91 1/2, par. 4-610) Sec. 4-610. Nonresidential habilitation; orders; modification and revocation. (a) Prior to ordering admission to a program of nonresidential habilitation, the court shall ascertain that the program is capable of providing adequate …

(405 ILCS 5/4-611) (from Ch. 91 1/2, par. 4-611) Sec. 4-611. (a) An order for admission to a developmental disabilities facility or to a program of nonresidential habilitation shall be for a period not to exceed 180 days. Prior to the expiration of the order, if the facility dire…

(405 ILCS 5/4-612) (from Ch. 91 1/2, par. 4-612) Sec. 4-612. Not more than 60 days after any admission under this Article, the facility director of the facility shall file a current habilitation plan with the court which includes an evaluation of the client's progress and the ext…

(405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613) Sec. 4-613. Final orders; notice; appeals. (a) Every final order of the court shall be in writing and shall be accompanied by a statement on the record of the court's findings of fact and conclusions of law. A copy of such order sh…

(405 ILCS 5/4-614) (from Ch. 91 1/2, par. 4-614) Sec. 4-614. A verbatim record shall be made of all judicial hearings held pursuant to this Chapter. (Source: P.A. 80-1414.)

(405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615) Sec. 4-615. Fees; costs; State funds. (a) Fees for jury service, witnesses, and service and execution of process are the same as for similar services in civil proceedings. (b) Except as provided under subsection (c) of this Section…

(405 ILCS 5/4-616) (from Ch. 91 1/2, par. 4-616) Sec. 4-616. (a) When a client is admitted upon court order, the order may authorize a relative or friend of the client to transport the client to the developmental disabilities facility if such person is able to do so safely and hu…

(405 ILCS 5/4-617) (from Ch. 91 1/2, par. 4-617) Sec. 4-617. Nothing in this Chapter shall deprive any person of the benefits of relief by habeas corpus. If the court issuing the order of habeas corpus grants relief, a copy of the order shall be sent to the court which entered th…

(405 ILCS 5/4-700) (from Ch. 91 1/2, par. 4-700) Sec. 4-700. The person who executed the application for administrative or temporary admission may request discharge of the client so admitted at any time. The client shall be discharged within 3 days of receipt of a written request…

(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701) Sec. 4-701. (a) Any client admitted to a developmental disabilities facility under this Chapter may be discharged whenever the facility director determines that he is suitable for discharge. (b) Any client admitted to a facility or…

(405 ILCS 5/4-702) (from Ch. 91 1/2, par. 4-702) Sec. 4-702. (a) Conditional discharge means the placement of a client out of a facility for continuing habilitation provided under supervision of the discharging developmental disabilities facility or of the Department if he was in…

(405 ILCS 5/4-703) (from Ch. 91 1/2, par. 4-703) Sec. 4-703. (a) Prior to discharge under Sections 4-701 or 4-702, the facility director shall prepare a post-discharge plan which is consistent with the client's habilitation goals. To the extent possible, the client and his family…

(405 ILCS 5/4-704) (from Ch. 91 1/2, par. 4-704) Sec. 4-704. (a) At least 14 days prior to the discharge of a client from a Department developmental disabilities facility under Section 4-701 or 4-702, the facility director shall give written notice of the discharge to the client,…