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

(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 w…

(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 writ…

(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…

(405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206) (Text of Section before amendment by P.A. 104-465) 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 …

(405 ILCS 5/3-207) (from Ch. 91 1/2, par. 3-207) Sec. 3-207. (a) Hearings under Sections 3-405, 3-904, 3-908, 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. Ea…

(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…

(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 n…

(405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210) Sec. 3-210. Employee as perpetrator of abuse. When, based upon credible evidence, an initial investigation of a reported allegation of material obstruction of an investigation or of abuse, neglect, or financial exploitation of a re…

(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 develop…

(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 …

(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 person with a disability, may be admitted to a mental health facility as a voluntary recipient for treatment of…

(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; o…

(405 ILCS 5/3-401.1) Sec. 3-401.1. Transportation to mental health facility. Upon receipt of an application for admission prepared pursuant to this Article, any licensed ambulance service may transport a recipient to a mental health facility or from one mental health facility to …

(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…

(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 the recipient gives any treatment staff …

(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 recipi…

(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405) (Text of Section before amendment by P.A. 104-465) 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 t…

(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 Correctio…

(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 treate…

(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 …

(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 guard…

(405 ILCS 5/3-505) (from Ch. 91 1/2, par. 3-505) Sec. 3-505. The application for admission under Section 3-503 or 3-504 shall contain in large, bold-face type a statement in simple nontechnical terms of the minor's objection and hearing rights under this Article. A minor 12 years…

(405 ILCS 5/3-506) (from Ch. 91 1/2, par. 3-506) Sec. 3-506. Thirty days after the admission of a minor under Section 3-503 or 3-504, the facility director shall review the minor's record and assess the need for continuing hospitalization. The facility director shall consult with…

(405 ILCS 5/3-507) (from Ch. 91 1/2, par. 3-507) Sec. 3-507. (a) Objection may be made to the admission of a minor under Section 3-503 or 3-504. When an objection is made, the minor shall be discharged at the earliest appropriate time, not to exceed 15 days, excluding Saturdays, …

(405 ILCS 5/3-508) (from Ch. 91 1/2, par. 3-508) Sec. 3-508. Whenever a parent, guardian, or person in loco parentis requests the discharge of a minor admitted under Section 3-503 or 3-504, the minor shall be discharged at the earliest appropriate time, not to exceed 5 days to th…

(405 ILCS 5/3-509) (from Ch. 91 1/2, par. 3-509) Sec. 3-509. Upon receipt of a petition filed pursuant to Section 3-507 or 3-508, the court shall appoint counsel for the minor and shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays. The court s…

(405 ILCS 5/3-510) (from Ch. 91 1/2, par. 3-510) Sec. 3-510. (a) The court shall disapprove the admission and order the minor discharged if it determines that the minor does not have a mental illness or an emotional disturbance of such a severity that hospitalization is necessary…

(405 ILCS 5/3-511) (from Ch. 91 1/2, par. 3-511) Sec. 3-511. Unwillingness or inability of the minor's parent, guardian, or person in loco parentis to provide for his care or residence shall not be grounds for the court's refusing to order the discharge of the minor. In that case…

(405 ILCS 5/3-550) Sec. 3-550. Minors 12 years of age or older request to receive counseling services or psychotherapy on an outpatient basis. (a) Any minor 12 years of age or older may request and receive counseling services or psychotherapy on an outpatient basis. The consent o…

(405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600) Sec. 3-600. A person 18 years of age or older who is subject to involuntary admission on an inpatient basis and in need of immediate hospitalization may be admitted to a mental health facility pursuant to this Article. (Source: P.A…

(405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601) Sec. 3-601. Involuntary admission; petition. (a) When a person is asserted to be subject to involuntary admission on an inpatient basis and in such a condition that immediate hospitalization is necessary for the protection of such …

(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, p…

(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602) Sec. 3-602. The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states that the respondent is subject to …

(405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603) Sec. 3-603. (a) If no physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist is immediately available or it is not possible after a diligent effort to obtain the certificate provi…

(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 c…

(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 responde…

(405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606) Sec. 3-606. A peace officer may take a person into custody and transport him to a mental health facility when the peace officer has reasonable grounds to believe that the person is subject to involuntary admission on an inpatient b…

(405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607) Sec. 3-607. Court ordered temporary detention and examination. 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 is subject to invol…

(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…

(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…

(405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610) Sec. 3-610. As soon as possible but not later than 24 hours, excluding Saturdays, Sundays and holidays, after admission of a respondent pursuant to this Article, the respondent shall be personally examined by a psychiatrist. The ps…

(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 proo…

(405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700) Sec. 3-700. A person 18 years of age or older who is subject to involuntary admission on an inpatient basis may be admitted to an inpatient mental health facility upon court order pursuant to this Article. (Source: P.A. 96-1399, ef…

(405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701) Sec. 3-701. (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an inpatient basis. The petition shall be prepared pursuant to paragraph (b) of Section…

(405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702) Sec. 3-702. (a) The petition may be accompanied by the certificate of a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which certifies that the respondent is subject to in…

(405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703) Sec. 3-703. If no certificate was filed, the respondent shall be examined separately by a physician, or clinical psychologist, advanced practice psychiatric nurse, or qualified examiner and by a psychiatrist. If a certificate execu…

(405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704) Sec. 3-704. Examination; detention. (a) The respondent shall be permitted to remain in his or her place of residence pending any examination. The respondent may be accompanied by one or more of his or her relatives or friends or by…

(405 ILCS 5/3-705) (from Ch. 91 1/2, par. 3-705) Sec. 3-705. At least 36 hours before the time of the examination fixed by the court, a copy of the petition, the order for examination, and a statement of rights as provided in Section 3-205 shall be personally delivered to the per…

(405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706) Sec. 3-706. The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays and holidays, after its receipt of the second certificate or after the respondent is admitted to a mental health facility, whichever i…