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

(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,…

(405 ILCS 5/4-705) (from Ch. 91 1/2, par. 4-705) Sec. 4-705. Petition for discharge; examination. (a) At any time a person admitted by court order under Article V of this Chapter or under any prior statute or any person 18 years of age or older on his behalf may file a petition f…

(405 ILCS 5/4-706) (from Ch. 91 1/2, par. 4-706) Sec. 4-706. (a) Upon receipt of a petition for discharge, the court shall set a hearing to be held within 7 days. The court shall direct that notice of the time and place of the hearing be given to the client, the person specified …

(405 ILCS 5/4-707) (from Ch. 91 1/2, par. 4-707) Sec. 4-707. The facility director of any Department facility may transfer a client to another Department facility if he determines that the transfer is appropriate and consistent with the habilitation needs of the client. An approp…

(405 ILCS 5/4-708) (from Ch. 91 1/2, par. 4-708) Sec. 4-708. Any client admitted to a facility or to a program of nonresidential habilitation under Article V of this Chapter or his guardian, attorney, or nearest adult relative on his behalf may at any time petition the court for …

(405 ILCS 5/4-709) (from Ch. 91 1/2, par. 4-709) Sec. 4-709. (a) Whenever a client who has been in a Department facility for more than 7 days is to be transferred to another facility under Section 4-707, the facility director of the facility shall give written notice at least 14 …

(405 ILCS 5/4-800) Sec. 4-800. Provider sanctions and appeals. The Department of Human Services Division of Developmental Disabilities may impose progressive sanctions on providers that fail to comply with conditions specified by rule, or contract agreement, as determined by the …

(405 ILCS 5/4-801) Sec. 4-801. Provider discharge reconsideration requests. After an informal review of a discharge by the Department of Human Services Division of Developmental Disabilities, a provider may request a reconsideration of the decision, to the Department of Human Ser…

(405 ILCS 25/4.01) (from Ch. 91 1/2, par. 604.01) Sec. 4.01. The Capital Development Board shall cooperate with and lend all such assistance as may be requested by the Department in the development of specifications and the selection of sites for the establishment of specialized …

(405 ILCS 25/4.02) (from Ch. 91 1/2, par. 604.02) Sec. 4.02. The Capital Development Board shall, within 90 days after submission of such site proposals to the Board by the Department, make a final selection and determination of sites for the establishment of specialized living c…

(405 ILCS 25/4.03) (from Ch. 91 1/2, par. 604.03) Sec. 4.03. The Capital Development Board, in the development of specialized living centers under this Act, shall comply with the requirements of the "Illinois Health Facilities Planning Act", approved August 27, 1974, as such Act …

(405 ILCS 25/4.04) (from Ch. 91 1/2, par. 604.04) Sec. 4.04. The Capital Development Board may acquire and accept gifts of land and may convey such land to sponsoring authorities of specialized living centers. (Source: P.A. 87-866; 88-330.)

(405 ILCS 30/4.1) (from Ch. 91 1/2, par. 904.1) Sec. 4.1. Respite Services. (a) The Department of Human Services shall coordinate and financially assist the provision of community respite services for persons with a developmental disability. A respite service is the supplying of …

(405 ILCS 30/4.3) Sec. 4.3. Family Support Services Voucher Pilot Program. (a) In this Section: "Family member" means a family member as defined by rules adopted by the Department of Human Services. "Family support services" means the services and activities described in subsecti…

(405 ILCS 30/4.4) Sec. 4.4. Funding reinvestment. (a) The purposes of this Section are as follows: (1) The General Assembly recognizes that the United States Supreme Court in Olmstead v. L.C. ex Rel. Zimring, 119 S. Ct. 2176 (1999), affirmed that the unjustifiable institutionaliz…

(405 ILCS 30/4.5) Sec. 4.5. Consultation with advisory and advocacy groups. Whenever any appropriation, or any part of an appropriation, for any fiscal year relating to the funding of (i) a State-operated facility operated by the Office of Developmental Disabilities within the De…

(405 ILCS 30/4.6) (Text of Section before amendment by P.A. 104-742) Sec. 4.6. Closure and sale of State mental health or developmental disabilities facility. (a) Whenever a State mental health facility operated by the Department of Human Services is closed and the real estate on…

(405 ILCS 30/4.6a) Sec. 4.6a. Reduction in patient population in developmental disabilities facility. Whenever a State developmental disabilities facility operated by the Department of Human Services is scheduled to have or has a reduction in the number of individuals receiving c…

(405 ILCS 30/4.7) Sec. 4.7. 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 30/4.8) Sec. 4.8. Payments for community Medicaid mental health services. (a) No later than July 1, 2011, community Medicaid mental health services provided by a community-based provider must be billed directly to the Department of Healthcare and Family Services. (b) Fo…

(405 ILCS 125/40) (Text of Section before amendment by P.A. 104-742) Sec. 40. Subsidy administration. The bridge rental subsidy administration (such as payment of rent to the landlord and other administration expenses) and quality inspection of the rental units may be done by com…

(405 ILCS 130/40) Sec. 40. Transfers between facilities. An individual may be transferred between private facilities of the receiving state if transfers are permitted by the contract under this Act providing for the individual's care. (Source: P.A. 102-371, eff. 1-1-22.)

(405 ILCS 22/40) Sec. 40. Legal actions. No lawsuit or any other type of legal action brought under the terms of this Act shall be sustainable in a court of law or equity unless all conditions, stipulations, and provisions of the Program have been complied with, and unless the su…

(405 ILCS 110/40) (Section scheduled to be repealed on January 1, 2031) Sec. 40. Report to the Department. Beginning January 1, 2026, and every January 1 thereafter through January 1, 2030, the receiving agency shall annually collect for the Department demographic information on …

(405 ILCS 155/40) Sec. 40. Report. On or before February 1 of each year, the Department shall issue a report to the General Assembly. The report shall state how moneys from the Fund were used during the preceding calendar year and shall include: (1) the amount of money deposited …

(405 ILCS 82/40) Sec. 40. Rights information. The Department of Human Services shall ensure that individuals with disabilities and their guardians and families receive sufficient information regarding their rights, including the right to be safe, the right to be free from abuse a…

(405 ILCS 100/40) Sec. 40. Penalty for failure to fulfill obligation. Any recipient of assistance under this Act who fails to fulfill his or her obligation to practice full-time in a designated shortage area as a psychiatrist for one year for each year that he or she is a recipie…

(405 ILCS 90/40) Sec. 40. Rules. The Department shall adopt rules to implement this Act. (Source: P.A. 94-347, eff. 7-28-05.)

(405 ILCS 110/45) (Section scheduled to be repealed on January 1, 2031) Sec. 45. Repeal. This Act is repealed on January 1, 2031. (Source: P.A. 103-1059, eff. 12-20-24; 104-74, eff. 8-1-25.)

(405 ILCS 22/45) Sec. 45. Penalty. Any person violating the provisions of this Act or any procedure, regulation, or bylaw of a Governing Commission and Program created under the provisions of this Act shall, in addition to all other remedies provided by law, be guilty of a petty …

(405 ILCS 125/45) (Text of Section before amendment by P.A. 104-742) Sec. 45. Landlord education and stigma reduction plan and materials. The Department of Human Services, Division of Mental Health, with meaningful input from stakeholders, shall develop a plan for educating prosp…

(405 ILCS 130/5) Sec. 5. Definitions. As used in this Act: "Subject to involuntary admission on an inpatient basis", "mental health facility", and "recipient" have the meanings ascribed to them in the Mental Health and Developmental Disabilities Code. "Receiving agency" means a m…

(405 ILCS 162/5) Sec. 5. Purpose and findings. (a) The General Assembly finds that: (1) Administrative activities include processes that require behavioral health professionals and their clients to repeat data collection processes and adhere to a vast and uncoordinated array of r…

(405 ILCS 82/5) Sec. 5. Legislative Findings. The General Assembly finds all of the following: (a) As a result of decades of significant under-funding of Illinois' developmental disabilities and mental health service delivery system, the quality of life of individuals with disabi…

(405 ILCS 90/5) Sec. 5. Findings. The General Assembly finds as follows: (1) Violence is an escalating problem in many health care workplaces in this State and across the nation. (2) The actual incidence of workplace violence in health care workplaces, in particular, is likely to…

(405 ILCS 165/5) Sec. 5. Children's Behavioral Health Transformation Initiative. This Act establishes a Children's Behavioral Health Transformation Officer. The Officer shall lead the State's comprehensive, interagency effort to ensure that youth with significant and complex beha…

(405 ILCS 105/5) Sec. 5. Purpose. Through the use of innovative strategies, Mental Health First Aid training shall be implemented throughout the State. Mental Health First Aid training is designed to train individuals to assist someone who is developing a mental health disorder o…

(405 ILCS 85/5) (from Ch. 91 1/2, par. 2005) Sec. 5. Agencies. The Department shall endeavor to identify recipients of public assistance who have demonstrated expertise in caregiving. The Department shall ensure that home caregivers are provided with necessary public assistance b…

(405 ILCS 10/5) (from Ch. 91 1/2, par. 125) Sec. 5. Any proceedings under this act shall be begun within one year after the flight referred to in this act. (Source: Laws 1917, p. 345.)

(405 ILCS 110/5) (Section scheduled to be repealed on January 1, 2031) Sec. 5. Definitions. As used in this Act: "Department" means the Department of Human Services. "Eastern Iowa Mental Health Region" means the Iowa counties of Cedar, Clinton, Jackson, Muscatine, and Scott. "Per…

(405 ILCS 115/5) (Section scheduled to be repealed on January 1, 2027) Sec. 5. Findings. The General Assembly finds that: (1) the medical science is clear that mental health treatment works to improve mental health conditions and manage symptoms but it can take, on average, 10 ye…

(405 ILCS 120/5) Sec. 5. Findings. The General Assembly finds the following: (1) Maternal depression is a common complication of pregnancy. Maternal mental health disorders encompass a range of mental health conditions, such as depression, anxiety, and postpartum psychosis. (2) M…

(405 ILCS 135/5) Sec. 5. Legislative intent. (a) The General Assembly recognizes the difficult nature of the job of first responder, including trauma endured by first responders in the performance of their duties. (b) It is the intent of the General Assembly to ensure that first …

(405 ILCS 30/5) (from Ch. 91 1/2, par. 905) Sec. 5. This Act shall be known as the "Community Services Act". (Source: P.A. 82-183.)

(405 ILCS 142/5) Sec. 5. Definitions. As used in this Act: "Department" means the Department of Healthcare and Family Services. "Emergency safety intervention" means the use of restraint or seclusion as an immediate response to an emergency safety situation. "Medical assistance" …