Illinois Compiled Statutes 405 Mental Health and Developmental Disabilities: Article IV - Admission, Transfer, And Discharge Procedures For The Developmentally Disabled
Article I. Jurisdiction Duties of State's Attorney
Article II. General Provisions
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-200
(a) A person with a developmental disability may be admitted to a facility for residential and habilitation services only as provided in this Chapter,...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-201
(a) An intellectually disabled person shall not reside in a Department mental health facility unless the person is evaluated and is determined to be a...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-201.1
(a) A person residing in a Department mental health facility who is evaluated as being mildly or moderately intellectually disabled, an attorney or advocate representing...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-202
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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-203
(a) Every developmental disabilities facility shall maintain adequate records which shall include the Section of this Act under which the client was admitted, any subsequent...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-204
Every petition, certificate, and proof of service required by this Chapter shall be executed under penalty of perjury as though under oath or affirmation,...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-205
Whenever a statement or explanation is required to be given to the persons specified in Section 4-206, every effort shall be made to furnish...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-206
Unless otherwise indicated, whenever notice is required under this Chapter, it shall be given pursuant to this Section. If a client is under 18...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-207
(a) Six months prior to the eighteenth birthday of a client who is resident in a facility, the client shall be evaluated by the...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-208
Whenever a person is admitted, is denied admission, or objects to admission to a facility and whenever a client is notified that he is...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-209
(a) Hearings under Sections 4-201.1, 4-312, 4-704 and 4-709 of this Chapter shall be conducted by a utilization review committee. The Secretary shall appoint a...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-210
Whenever a petition has been executed pursuant to Sections 4-401 or 4-501, and prior to the examination for the purpose of certification, the person...
Article III. Administrative and Temporary Admission of the Developmentally Disabled
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-300
(a) No person may be administratively admitted to any facility including Chester Mental Health Center, unless an adequate diagnostic evaluation of his current condition...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-301
Report and recommendation. (a) A report of the evaluation results shall include a description of the person's disability and need for services, if any;...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-302
A person with a developmental disability may be administratively admitted to a facility upon application if the facility director of the facility determines that...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-303
(a) The application shall include the name and address of the person to be admitted; the name and address of his spouse, nearest adult...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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....
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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,...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
Article IV. Emergency Admission of the Intellectually Disabled (Source: P. A. 97-227, Eff. 1-1-12.)
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
Article V. Judicial Admission for Theintellectually Disabled (Source: P. A. 97-227, Eff. 1-1-12.)
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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)...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
Article VI. Court Hearings
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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,...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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:...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 4-614
A verbatim record shall be made of all judicial hearings held pursuant to this Chapter. (Source: P.A. 80-1414.)
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
Article VII. Discharge and Transfer
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 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...
Last modified: February 18, 2015