2005 Illinois 405 ILCS 5/ Mental Health and Developmental Disabilities Code. Article IV - Voluntary Admission Of Adults
(405 ILCS 5/Ch. III Art. IV heading)
ARTICLE IV.
VOLUNTARY ADMISSION OF ADULTS
(405 ILCS 5/3‑400) (from Ch. 91 1/2, par. 3‑400)
Sec. 3‑400.
Any person 16 or older may be admitted to a mental health
facility as a voluntary recipient for treatment of a mental illness upon the
filing of an application with the facility director of the facility if the
facility director deems such person clinically suitable for admission as
a voluntary recipient.
(Source: P.A. 91‑726, eff. 6‑2‑00.)
|
(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; or
|
|
3. A minor, 16 or older, as provided in Section
|
|
|
(b) The written application form shall contain in large, bold‑face type
a statement in simple nontechnical terms that the voluntary recipient may
be discharged from the facility at the earliest appropriate time, not to
exceed 5 days, excluding Saturdays, Sundays and holidays, after giving a
written notice of his desire to be discharged, unless within that time,
a petition and 2 certificates are filed with the court asserting that the
recipient is subject to involuntary admission. Upon admission the right to
be discharged shall be communicated orally to the recipient and a copy of
the application form shall be given to the recipient and to any parent,
guardian, relative, attorney, or friend who accompanied the recipient to the
facility.
(Source: P.A. 88‑380.)
|
(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, qualified examiner, or clinical psychologist who has examined
the person is prepared to execute a certificate under Section 3‑602 and
the person is advised that if he is admitted upon certification, he
will be entitled to a court hearing with counsel appointed to represent
him at which the State will have to prove that he is subject to involuntary admission.
(Source: P.A. 80‑1414.)
|
(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 he gives any treatment staff person
written notice of his desire to be discharged unless he either withdraws the
notice in writing or unless within the 5 day period a petition and 2
certificates conforming to the requirements of paragraph (b) of Section 3‑601
and Section 3‑602 are filed with the court. Upon receipt of the petition, the
court shall order a hearing to be held within 5 days, excluding Saturdays,
Sundays and holidays, and to be conducted pursuant to Article IX of this
Chapter. Hospitalization of the recipient may continue pending further order
of the court.
(Source: P.A. 88‑830.)
|
(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
recipient if continuing hospitalization is indicated and request from the
recipient an affirmation of his desire for continued treatment. The request
and affirmation shall be noted in the recipient's record. Every 60 days
thereafter a review shall be conducted and a reaffirmation shall be secured
from the recipient for as long as the hospitalization continues. A recipient's
failure to reaffirm a desire to continue treatment shall constitute notice of
his desire to be discharged.
(Source: P.A. 88‑380.)
|
(405 ILCS 5/3‑405) (from Ch. 91 1/2, par. 3‑405)
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
the denial may be requested by the person seeking admission or, with his
consent, by an interested person on his behalf. Such a request may be made on
behalf of a minor presented for admission under Section 3‑502, 3‑503 or 3‑504
by the minor's attorney, by the parent, guardian or person in loco parentis who
executed the application for his admission, or by the minor himself if he is 16
years of age or older. Whenever admission to a Department facility is denied,
the person seeking admission shall immediately be given written notice of the
right to request review of the denial under this Section and shall be provided,
if he is 12 or older, with the address and phone number of the Guardianship and
Advocacy Commission. If the person requests, the facility director shall assist him in contacting the
Commission. A written request for review shall be submitted to the director of
the facility that denied
admission
within 14 days of the denial. Upon receipt of the request, the facility
director shall
promptly
schedule a hearing to be held at the denying facility within 7 days pursuant to
Section 3‑207.
(b) At the hearing the Department shall have the burden of proving that the person denied admission does
not meet the standard set forth in the Section under which admission is sought
or that an appropriate alternative community treatment program was available to
meet the person's needs and was offered. If the utilization review committee
finds that the decision denying admission is based upon substantial evidence,
it shall recommend that the denial of admission be upheld. However, if it finds
that the facility to which admission is sought can provide adequate and
appropriate treatment for the person and no appropriate community alternative
treatment is available, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide treatment
appropriate to the clinical condition and needs of the person denied admission,
it may recommend that the Department or other agency assist the person in
obtaining such treatment.
(Source: P.A. 91‑726, eff. 6‑2‑00.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
