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

(405 ILCS 5/3-750) Sec. 3-750. Involuntary admission on an outpatient basis. A person 18 years of age or older who is subject to involuntary admission on an outpatient basis may receive alternative treatment in the community or may be placed in the care and custody of a relative …

(405 ILCS 5/3-751) Sec. 3-751. Involuntary admission; petition. (a) Any person 18 years of age or older may execute a petition asserting that another person is subject to involuntary admission on an outpatient basis. The petition shall be prepared pursuant to paragraph (b) of Sec…

(405 ILCS 5/3-752) Sec. 3-752. Certificate. (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 involuntary admissi…

(405 ILCS 5/3-753) Sec. 3-753. Examination. If no certificate was filed, the respondent shall be examined separately by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner and by a psychiatrist. If a certificate executed by a psychiatris…

(405 ILCS 5/3-754) Sec. 3-754. 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 his or her attorney to the place of examin…

(405 ILCS 5/3-755) Sec. 3-755. Notice. 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 person and shall be given…

(405 ILCS 5/3-756) Sec. 3-756. Court hearing. The court shall set a hearing to be held within 15 days, excluding Saturdays, Sundays, and holidays, after its receipt of the second certificate. The court shall direct that notice of the time and place of hearing be served upon the r…

(405 ILCS 5/3-800) (from Ch. 91 1/2, par. 3-800) Sec. 3-800. (a) Unless otherwise indicated, court 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 in …

(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801) Sec. 3-801. A respondent may request admission as an informal or voluntary recipient at any time prior to an adjudication that he is subject to involuntary admission on an inpatient or outpatient basis. The facility director shall …

(405 ILCS 5/3-801.5) Sec. 3-801.5. Agreed order for admission on an outpatient basis. (a) At any time before the conclusion of the hearing and the entry of the court's findings, a respondent may enter into an agreement to be subject to an order for admission on an outpatient basi…

(405 ILCS 5/3-802) (from Ch. 91 1/2, par. 3-802) Sec. 3-802. The respondent is entitled to a jury on the question of whether he is subject to involuntary admission on an inpatient or outpatient basis. The jury shall consist of 6 persons to be chosen in the same manner as are juro…

(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) (Text of Section before amendment by P.A. 104-465 and P.A. 104-698) 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 …

(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 5/3-816) (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) (Text of Section before amendment by P.A. 104-465) 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 …

(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 25/3.01) (from Ch. 91 1/2, par. 603.01) Sec. 3.01. The Department shall develop specifications for the establishment of specialized living centers to be located throughout the State. Such specifications shall provide that each such intermediate care facility shall serve…

(405 ILCS 25/3.02) (from Ch. 91 1/2, par. 603.02) Sec. 3.02. The Department shall forward such specifications as are required to be developed under Section 3.01 to any sponsoring authority requesting such specifications. (Source: P.A. 79-970.)

(405 ILCS 25/3.03) (from Ch. 91 1/2, par. 603.03) Sec. 3.03. The Department shall review the requests of any sponsoring authority for the establishment of a specialized living center to be located in the geographic region of such sponsoring authority. Review of requests shall be …

(405 ILCS 25/3.04) (from Ch. 91 1/2, par. 603.04) Sec. 3.04. The Department shall review all requests of all sponsoring authorities. In making its selection of sites for the establishment of specialized living centers, the Department shall give consideration to population density…

(405 ILCS 25/3.05) (from Ch. 91 1/2, par. 603.05) Sec. 3.05. The Department shall cooperate with the Capital Development Board in attaining the final selection of site proposals for the establishment of specialized living centers. (Source: P.A. 79-970.)

(405 ILCS 25/3.06) (from Ch. 91 1/2, par. 603.06) Sec. 3.06. The Department shall adopt and promulgate rules and regulations for the conduct, maintenance and operation of specialized living centers. The provisions of the Illinois Administrative Procedure Act are hereby expressly …

(405 ILCS 25/3.07) (from Ch. 91 1/2, par. 603.07) Sec. 3.07. The Department may demand assurances by affidavit or other means of the financial stability of any sponsoring authority. The Department may demand assurances by affidavit or other means of the competence and good charac…

(405 ILCS 35/3.5) Sec. 3.5. Children's Healthcare Partnership Pilot Program. The Department of Human Services shall participate in the Children's Healthcare Partnership Pilot Program established under Section 12-4.37 of the Illinois Public Aid Code and may fund the provision of c…

(405 ILCS 30/3.5) Sec. 3.5. Fire inspections; authority. (a) Per the requirements of Public Act 96-1141, on January 1, 2011 a report titled "Streamlined Auditing and Monitoring for Community Based Services: First Steps Toward a More Efficient System for Providers, State Governmen…