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

(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) 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 uncensored communication with persons of his choice by mai…

(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) 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. Restraint may only be applied by a person who has been trai…

(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109) 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 shall seclusion be utilized to punish or discipline 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) 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 Advocacy for Persons with Developmental Disabilitie…

(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 5/2-200) (from Ch. 91 1/2, par. 2-200) 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 substitute decision maker, and every recipient who is 12 …

(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201) 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 the recipient's services plan shall be responsible …

(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 5/3-100) (from Ch. 91 1/2, par. 3-100) Sec. 3-100. Jurisdiction over involuntary admissions. (a) The circuit court has jurisdiction under this Chapter over persons not charged with a felony who are subject to involuntary admission. (b) The circuit court has jurisdiction…

(405 ILCS 5/3-1000) (from Ch. 91 1/2, par. 3-1000) Sec. 3-1000. (a) A person may be admitted pursuant to any of the provisions of this Chapter to a mental health facility of the United States government when the facility determines that services for the person are available and t…

(405 ILCS 5/3-1001) (from Ch. 91 1/2, par. 3-1001) Sec. 3-1001. The courts of this State retain jurisdiction over persons admitted under this Article for purposes of enforcing the provisions of this Act. (Source: P.A. 80-1414.)

(405 ILCS 5/3-1002) (from Ch. 91 1/2, par. 3-1002) Sec. 3-1002. Whenever any person who is a veteran and who has been previously adjudicated as having a mental illness or under legal disability is subsequently rated as being under no legal disability by the Veterans Administratio…

(405 ILCS 5/3-1003) (from Ch. 91 1/2, par. 3-1003) Sec. 3-1003. The Veterans Administration or other agency of the United States Government may transfer any recipient admitted to it under this Article, to any other facility of the Veterans Administration or any other agency of th…

(405 ILCS 5/3-101) (from Ch. 91 1/2, par. 3-101) Sec. 3-101. (a) The State's Attorneys of the several counties shall represent the people of the State of Illinois in court proceedings under this Chapter and in proceedings under Section 2-107.1 in their respective counties, shall …

(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200) Sec. 3-200. (a) A person may be admitted as an inpatient to a mental health facility for treatment of mental illness only as provided in this Chapter, except that a person may be transferred by the Department of Corrections pursuan…

(405 ILCS 5/3-201) (from Ch. 91 1/2, par. 3-201) Sec. 3-201. The Department shall prescribe all forms necessary for proceedings under this Chapter, and all forms used in such proceedings shall comply substantially with the forms so prescribed. The Department shall publish all for…

(405 ILCS 5/3-202) (from Ch. 91 1/2, par. 3-202) Sec. 3-202. (a) Every mental health facility shall maintain adequate records which shall include the Section of this Chapter under which the recipient was admitted, any subsequent change in the recipient's status, and requisite doc…

(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) 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 health facility shall provide the person, if he is …

(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…