(405 ILCS 10/1) (from Ch. 91 1/2, par. 121)Sec. 1. 
		
		That this Act may be cited as the Uniform Act for the Extradition of Persons of Unsound Mind.
		(Source: Laws 1917, p. 345.) (405 ILCS 10/2) (from Ch. 91 1/2, par. 122)Sec. 2. 
		
		The terms "flight" and "fled" as used in this act, shall be
construed to mean any voluntary or involuntary departure from the
jurisdiction of the court where the proceedings hereinafter mentioned may
have been instituted and are still pending, with the effect of avoiding,
impeding or delaying the action of the court in which such proceedings may
have been instituted or be pending, or any such departure from the state
where the person demanded then was, if he then was under detention by law
as a person of unsound mind and subject to detention. The word "state"
wherever used in this act shall include states, territories, districts and
insular and other possessions of the United States. As applied to a request
to return any person within the purview of this act to or from the District
of Columbia, the words "executive authority," "Governor" and "Chief
Magistrate" respectively shall include a justice of the Supreme Court of
the District of Columbia and other authority.
		(Source: Laws 1917, p. 345.) (405 ILCS 10/3) (from Ch. 91 1/2, par. 123)Sec. 3. 
		
		A person alleged to be of unsound mind found in this State, who has
fled from another state in which, at the time of his flight:(a) he was under detention by law in a hospital,     asylum or other institution for the insane as a person of unsound mind, or(b) he had been theretofore determined by legal     proceedings to be of unsound mind, the finding being unreversed and in full force and effect, and the control of his person having been acquired by a court of competent jurisdiction of the state from which he fled, or(c) he was subject to detention in such state, being     then his legal domicile (personal service of process having been made) based on legal proceedings there pending to have him declared of unsound mind,
		shall, on demand of the executive authority of the state from which he fled, be
delivered up to be removed thereto.
		(Source: P.A. 91-357, eff. 7-29-99.) (405 ILCS 10/4) (from Ch. 91 1/2, par. 124)Sec. 4. 
		
		Whenever the executive authority of any state demands of the
executive authority of this state, any fugitive within the purview of
section 3 and produces a copy of the commitment, judgment or other judicial
process and proceedings, certified as authentic by the Governor or chief
magistrate of the state whence the person so charged has fled, with an
affidavit made before a proper officer showing the person to be such a
fugitive, it shall be the duty of the executive authority of this state to
cause him to be apprehended and secured, if found in this state, and to
cause immediate notice of the apprehension to be given to the executive
authority making such demand, or to the agent of such authority appointed
to receive the fugitive, and to cause the fugitive to be delivered to such
agent when he shall appear. If no such agent appears within 30 days
from the time of the apprehension, the fugitive may be discharged. All
costs and expenses incurred in the apprehending, securing, maintaining and
transmitting such fugitive to the state making such demand, shall be paid
by such state. Any agent so appointed who receives the fugitive into his
custody shall be empowered to transmit him to the state from which he has
fled. The executive authority of this state is hereby vested with the
power, on the application of any person interested, to demand the return to
this state of any fugitive within the purview of this Act.
		(Source: P.A. 84-545.) (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 10/6) (from Ch. 91 1/2, par. 126)Sec. 6. 
		
		This act shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states which enact it.
		(Source: Laws 1917, p. 345.)
(405 ILCS 100/1)Sec. 1. Short title.  This Act may be cited as the Psychiatry Practice Incentive Act.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/5)Sec. 5. Purpose. The purpose of this Act is to establish a program in the Department of Public Health to ensure access to psychiatric health care services for all citizens of the State, by establishing programs of grants, loans, and loan forgiveness to recruit and retain psychiatric service providers in designated areas of the State for physicians who will agree to establish and maintain psychiatric practice in areas of the State demonstrating the greatest need for more psychiatric care. The program shall encourage licensed psychiatrists to locate in areas where shortages exist and to increase the total number of such physicians in the State.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/10)Sec. 10. Definitions. In this Act, unless the context otherwise requires:"Department" means the Department of Public Health."Director" means the Director of Public Health."Designated shortage area" means an area designated by the Director as a psychiatric or mental health physician shortage area, as defined by the United States Department of Health and Human Services or as further defined by the Department to enable it to effectively fulfill the purpose stated in Section 5 of this Act. Such areas may include the following:(1) an urban or rural area that is a rational area     for the delivery of health services;(2) a population group; or(3) a public or nonprofit private medical facility."Eligible medical student" means a person who meets all of the following qualifications:(1) He or she is an Illinois resident at the time of     application for assistance under the program established by this Act.(2) He or she is studying medicine in a medical     school located in Illinois.(3) He or she exhibits financial need, as determined     by the Department.(4) He or she agrees to practice full time in a     designated shortage area as a psychiatrist for one year for each year that he or she receives assistance under this Act.(5) He or she agrees to accept medical payments, as     defined in this Act, and to serve targeted populations."Medical facility" means a facility for the delivery of health services. "Medical facility" includes a hospital, State mental health institution, public health center, outpatient medical facility, rehabilitation facility, long-term care facility, federally-qualified health center, migrant health center, community health center, community mental health center, or State correctional institution."Medical payments" means compensation provided to physicians for services rendered under Article V of the Illinois Public Aid Code."Medically underserved area" means an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services or as otherwise designated by the Department of Public Health."Medically underserved population" means (i) the population of an urban or rural area designated by the Secretary of the United States Department of Health and Human Services as an area with a shortage of personal health services, (ii) a population group designated by the Secretary of the United States Department of Health and Human Services as having a shortage of personal health services, or (iii) as otherwise designated by the Department of Public Health."Psychiatric physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987 with board eligibility or certification in the specialty of psychiatry, as defined by recognized standards of professional medical practice."Psychiatric practice residency program" means a program accredited by the Residency Review Committee for Psychiatry of the Accreditation Council for Graduate Medical Education or the American Osteopathic Association."Targeted populations" means one or more of the following:  (i) a medically underserved population, (ii) persons in a medically underserved area, (iii) an uninsured population of this State, and (iv) persons enrolled in a medical program administered by the Illinois Department of Healthcare and Family Services."Uninsured population" means persons who (i) do not own private health care insurance, (ii) are not part of a group insurance plan, and (iii) are not eligible for any State or federal government-sponsored health care program.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/15)Sec. 15. Powers and duties of the Department. The Department shall have all of the following powers and duties:(1) To allocate funds to psychiatric practice     residency and child and adolescent fellowship programs according to the following priorities:(A) to increase the number of psychiatric         physicians in designated shortage areas;(B) to increase the percentage of psychiatric         physicians establishing practice within the State upon completion of residency;(C) to increase the number of accredited         psychiatric practice residencies within the State; and(D) to increase the percentage of psychiatric         practice physicians establishing practice within the State upon completion of residency.(2) To determine the procedures for the distribution     of the funds to psychiatric residency programs, including the establishment of eligibility criteria in accordance with the following guidelines:(A) preference for programs that are to be         established at locations that exhibit potential for extending psychiatric  practice physician availability to designated shortage areas;(B) preference for programs that are located away         from communities in which medical schools are located; and(C) preference for programs located in hospitals         that have affiliation agreements with medical schools located within the State.In distributing such funds, the Department may also     consider as secondary criteria whether or not a psychiatric practice residency program has (i) adequate courses of instruction in the child and adolescent behavioral disorder sciences;     (ii) availability and systematic utilization of opportunities for residents to gain experience through local health departments, community mental health centers, or other preventive or occupational medical facilities;     (iii) a continuing program of community oriented research in such areas as risk factors in community populations;     (iv) sufficient mechanisms for maintenance of quality training, such as peer review, systematic progress reviews, referral system, and maintenance of adequate records; and     (v) an appropriate course of instruction in societal, institutional, and economic conditions affecting psychiatric practice.(3) To receive and disburse federal funds in     accordance with the purpose stated in Section 5 of this Act.(4) To enter into contracts or agreements with any     agency or department of this State  or the United States to carry out the provisions of this Act.(5) To coordinate the psychiatric residency grants     program established under this Act with other student assistance and residency programs administered by the Department and the Board of Higher Education under the Health Services Education Grants Act.(6) To design and coordinate a study for the purpose     of assessing the characteristics of practice resulting from the psychiatric practice residency programs including, but not limited to, information regarding the nature and scope of practices, location of practices, years of active practice following completion of residency and other information deemed necessary for the administration of this Act.(7) To establish a program, and the criteria for such         program, for the repayment of the educational loans of     physicians who agree to (i) serve in designated shortage areas     for a specified period of time, no less than 3 years, (ii) accept medical payments, as defined in this Act, and (iii) serve targeted populations to the extent required by the program. Payments under this program may be made for the principal, interest, and related expenses of government and commercial loans received by the individual for tuition expenses and all other reasonable educational expenses incurred by the individual. Payments made under this provision are exempt from State income tax, as provided by law.(8) To require psychiatric practice residency     programs seeking grants under this Act to make application according to procedures consistent with the priorities and guidelines established in items (1) and (2) of this Section.(9) To adopt rules and regulations that are necessary     for the establishment and maintenance of the programs required by this Act.(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/20)Sec. 20. Application requirement; ratio of State support to local support. Residency programs seeking funds under this Act must make application to the Department. The application shall include evidence of local support for the program, either in the form of funds, services, or other resources. The ratio of State support to local support shall be determined by the Department in a manner that is consistent with the purposes of this Act, as set forth in Section 5 of this Act. In establishing such ratio of State support to local support, the Department may vary the amount of the required local support depending upon the criticality of the need for more professional health care services, the geographic location, and the economic base of the designated shortage area.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/25)Sec. 25. Study participation. Residency programs qualifying for grants under this Act shall participate in the study required in item (6) of Section 15 of this Act.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/30)Sec. 30. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of such Act were included in this Act.
(Source: P.A. 96-1411, eff. 1-1-11.) (405 ILCS 100/35)Sec. 35. Annual report. The Department may annually report to the General Assembly and the Governor the results and progress of all programs established under this Act.The annual report to the General Assembly and the Governor must include the impact of programs established under this Act on the ability of designated shortage areas to attract and retain physicians and other health care personnel. The report shall include recommendations to improve that ability.The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and by filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 99-933, eff. 1-27-17; 100-1148, eff. 12-10-18.) (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 recipient of assistance shall pay to the Department a sum equal to 3 times the amount of the assistance provided for each year that the recipient fails to fulfill such obligation. A recipient of assistance who fails to fulfill his or her practice obligation shall have 30 days after the date on which that failure begins to enter into a contract with the Department that sets forth the manner in which that sum is required to be paid. The amounts paid to the Department under this Section shall be deposited into the Community Health Center Care Fund and shall be used by the Department to improve access to primary health care services as authorized by subsection (a) of Section 2310-200 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois (20 ILCS 2310/2310-200).The Department may transfer to the Illinois Finance Authority, into an account outside of the State treasury, moneys in the Community Health Center Care Fund as needed, but not to exceed an amount established by rule by the Department to establish a reserve or credit enhancement escrow account to support a financing program or a loan or equipment leasing program to provide moneys to support the purposes of subsection (a) of Section 2310-200 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois (20 ILCS 2310/2310-200). The disposition of moneys at the conclusion of any financing program under this Section shall be determined by an interagency agreement.
(Source: P.A. 96-1411, eff. 1-1-11.)
(405 ILCS 105/1)Sec. 1. Short title. This Act may be cited as the Illinois Mental Health First Aid Training Act.
(Source: P.A. 98-195, eff. 8-7-13.) (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 or a substance use disorder, or who is experiencing a mental health or substance use disorder crisis and it can be reasonably assumed that a mental health disorder or a substance use disorder is a contributing or precipitating factor.

(Source: P.A. 100-759, eff. 1-1-19.) (405 ILCS 105/10)Sec. 10. Definitions."Illinois Mental Health First Aid training program" means the Mental Health First Aid training program administered by the Department of Human Services."Certified trainers"  means individuals who obtain certification in Mental Health First Aid training by successfully completing (i) the Instructor Training Program offered by the Illinois Mental Health First Aid training program or (ii) the Instructor Training Program offered by the National Authorities of Mental Health First Aid.

(Source: P.A. 98-195, eff. 8-7-13.) (405 ILCS 105/15)Sec. 15. Illinois Mental Health First Aid training program. 
The Department of Human Services shall  administer the Illinois Mental Health First Aid training program so that certified trainers can provide Illinois residents, professionals, and members of the public with training on how to identify and assist someone who is believed to be developing or has developed a mental health disorder or a substance use disorder or who is believed to be experiencing a mental health or substance use disorder crisis.
(Source: P.A. 100-759, eff. 1-1-19.) (405 ILCS 105/20)Sec. 20. Mental Health First Aid training grants.
Subject to appropriations made to the Department of Human Services and other State agencies, the Department of Human Services and other State agencies shall support training grants for Illinois Mental Health First Aid training.  These training grants may support hardship subsidies for Illinois Mental Health First Aid training fees.

(Source: P.A. 98-195, eff. 8-7-13.) (405 ILCS 105/25)Sec. 25. Objectives of the training program. The Illinois Mental Health First Aid training program shall be designed to train individuals to accomplish the following objectives as deemed appropriate for the individuals to be trained, taking into consideration the  individual's age:(1) Build mental health and substance use disorder     literacy designed to help the public identify, understand, and respond to the signs of mental illness and substance use disorders.(2) Assist someone who is believed to be developing     or has developed a mental health disorder or a substance use disorder or who is believed to be experiencing a mental health disorder or a substance use disorder crisis. Such assistance shall include the following:(A) Knowing how to recognize the symptoms of a         mental health disorder or a substance use disorder.(B) Knowing how to provide initial help.(C) Knowing how to guide individuals requiring         assistance toward appropriate professional help, including help for individuals who may be in crisis.(D) Knowing how to provide comfort to the person         experiencing a mental health disorder or a substance use disorder.(E) Knowing how to prevent a mental health         disorder or a substance use disorder from deteriorating into a more serious condition which may lead to more costly interventions and treatments.(F) Knowing how to promote healing, recovery, and         good mental health.(Source: P.A. 100-759, eff. 1-1-19.) (405 ILCS 105/30)Sec. 30. Distribution of training grants.
 When awarding training grants under this Act, the Department or other appropriate State agency shall distribute training grants equitably among the geographical regions of the State, paying particular attention to the training needs of rural areas and areas with underserved populations or professional shortages.
(Source: P.A. 98-195, eff. 8-7-13; 98-756, eff. 7-16-14.) (405 ILCS 105/35)Sec. 35. Evaluation. The Department of Human Services, as the Illinois Mental Health First Aid training authority, shall ensure that evaluative criteria are established which measure the distribution of the training grants and the fidelity of the training processes to the objective of building mental health and substance use disorder literacy designed to help the public identify, understand, and respond to the signs of mental illness and substance use disorders.
(Source: P.A. 100-759, eff. 1-1-19.) (405 ILCS 105/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 98-195, eff. 8-7-13.)
(405 ILCS 110/1)(Section scheduled to be repealed on January 1, 2025)Sec. 1. Short title. This Act may be cited as the Out-of-State Person Subject to Involuntary Admission on an Inpatient Basis Mental Health  Treatment Act.
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/5)(Section scheduled to be repealed on January 1, 2025)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."Person 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."Pilot project area" means the Eastern Iowa Mental Health Region and Rock Island County, Illinois."Receiving agency" means a mental health facility located in Rock Island, Illinois  which accepts and provides treatment to a person from the sending state."Receiving state" means Illinois."Sending state" means Iowa.
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/10)(Section scheduled to be repealed on January 1, 2025)Sec. 10. Pilot project reciprocal agreement. On or before January 1, 2018, there is created a 2-year mental health pilot project for which the receiving agency may accept the admission of an Iowa resident from the Eastern Iowa Mental Health Region who is a person subject to involuntary admission on an inpatient basis under an order issued by an Iowa court for treatment at a receiving agency in this State for which the Iowa court shall have jurisdiction over the recipient while committed to a receiving agency in this State as provided under Section 331.910 of the Iowa Code. The pilot project shall also provide that a resident of Rock Island County, Illinois  who is a person subject to involuntary admission on an inpatient basis under an order issued by a court of this State for treatment at a receiving agency in this State may receive inpatient treatment in the sending state.  The sending state  or receiving agency shall provide mental health services to the recipient for the duration of the court order and shall return the recipient to his or her state of legal residence upon discharge.  If a recipient has to enter a State-operated facility, the recipient must be returned to his or her state of legal residence.
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/15)(Section scheduled to be repealed on January 1, 2025)Sec. 15. Reciprocal agreement.    For the purpose of the pilot project, the reciprocal agreement is limited to court orders issued by the courts in the Eastern Iowa Mental Health Region and in Rock Island County, Illinois.  Court orders valid under the law of the sending state are granted recognition and reciprocity in the receiving state's respective pilot project area to the extent that the court orders relate to commitment for inpatient treatment of a mental illness. The court orders are not subject to legal challenge in the courts of the receiving state. Persons who are detained, committed or placed under the law of a sending state and who are transferred to a receiving state under this Section continue to be in the legal custody of the authority responsible for them under the law of the sending state. Except in emergencies, those persons may not be transferred, removed, or furloughed from a facility of the receiving agency without the specific approval of the authority responsible for them under the law of the sending state.  The receiving  facility, whether public or private, must agree to the transfer from the sending state before a transfer takes place.  Specifically excluded from this pilot project are those persons who are involved in criminal proceedings.  
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/20)(Section scheduled to be repealed on January 1, 2025)Sec. 20. Applicable law. While in the receiving state, a person shall be subject to all of the provisions of law, rules, and regulations applicable to persons detained, committed, or placed under the corresponding laws of the receiving state, except those laws, rules, and regulations of the receiving state relating to length of commitment, reexaminations, and extensions of commitment or recommitment and except as otherwise provided by this Act. Specifically, the laws of the receiving state on emergency use of psychotropic medication and the procedures for involuntary forced psychotropic medications shall apply to the person while in the receiving state. The laws, rules, and regulations of the sending state relating to length of commitment, reexaminations, and extensions of commitment or recommitment shall apply. 
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/25)(Section scheduled to be repealed on January 1, 2025)Sec. 25. Records.   Treatment records shall be managed in accordance with the laws of the receiving state.
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/30)(Section scheduled to be repealed on January 1, 2025)Sec. 30. Receiving agency responsibility.(a) The receiving agency shall secure a re-examination for a person and arrange any extension or recommitment of a person's period of commitment.  The receiving agency shall arrange transportation of persons from the receiving facility.(b)  If a person receiving services under a contract under this Act escapes from the receiving agency and the person at the time of the escape is subject to involuntary admission under the law of the sending state, the receiving agency shall use all reasonable means to recapture the escapee. The receiving agency shall immediately report the escape to the sending state. The receiving state has the primary responsibility for, and may direct, the pursuit, retaking, and prosecution of escaped persons within its jurisdiction.(c)  The receiving agency shall seek reimbursement from public or private insurance or from the county of residence or the sending state.

(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/35)(Section scheduled to be repealed on January 1, 2025)Sec. 35. Residence not established.  No person establishes legal residence in the state where the receiving agency is located while the person is receiving services under this Act.
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/40)(Section scheduled to be repealed on January 1, 2025)Sec. 40. Report to the Department. The receiving agency shall submit to the Department demographic information on the number of persons served in this pilot project, lengths of stay, cost data, and any specific problems or concerns that were raised during their stay.  The agency shall also provide information about the number of Illinois residents who were served during the same period and whether any Illinois residents were denied services due to this pilot project.  The receiving agency shall also notify other providers, hospitals, courts, law enforcement organizations, and advocacy organizations in the pilot project area on or before July 1, 2019 of the report to the Department on the pilot project and ask them to supply any comments to the Department.  The receiving agency shall provide the information on or before  August 1, 2019.      
(Source: P.A. 100-12, eff. 7-1-17.) (405 ILCS 110/45)(Section scheduled to be repealed on January 1, 2025)Sec. 45. Repeal. This Act is repealed on January  1, 2025.
(Source: P.A. 100-12, eff. 7-1-17; 101-472, eff. 8-23-19.) (405 ILCS 110/99)(Section scheduled to be repealed on January 1, 2025)Sec. 99. Effective date. This Act takes effect July 1, 2017.
(Source: P.A. 100-12, eff. 7-1-17.)
(405 ILCS 115/1)Sec. 1. Short title. This Act may be cited as the Advisory Council on Early Identification and Treatment of Mental Health Conditions Act.
(Source: P.A. 100-184, eff. 1-1-18.) (405 ILCS 115/5)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 years for a child or young adult with a significant condition to receive the right diagnosis and treatment from the time the first symptoms began, and nearly two-thirds of children and adults never get treatment;(2) long treatment lags can lead to debilitating     conditions and permanent disability;(3) suicide, often due to untreated depression, is     the second leading cause of death in this State for children and young adults ranging in age from 10 to 34;(4) between 40% to 50% of heroin and other drug     addiction begins to self-medicate an underlying, untreated mental health condition;(5) important State reforms on improving access to     mental health and substance use treatment are underway and others are pending, but more needs to be done to address this State's serious systemic challenges to early identification and treatment of mental health conditions;(6) the medical and mental health treatment     communities across this State are implementing many evidence-based best practices on early screening, identification and treatment of mental health conditions, including co-located and integrated care, despite limited resources and major access to care challenges across the State; and(7) establishing an Advisory Council on Early     Identification and Treatment of Mental Health Conditions to:(A) report and share information on         evidence-based best practices related to early identification and treatment being implemented across this State and other states;(B) assist in advancing all providers to move         toward implementation of evidence-based best practices, irrespective of payer such as Medicaid or private insurance;(C) identify the barriers to statewide         implementation of early identification and treatment across all providers; and(D) reduce the stigma of mental health conditions         by treating them like any other medical condition;will outline the path to enabling thousands of children,     youth, and young adults in this State living with mental health conditions, including those related to trauma, to get the early diagnosis and treatment they need to effectively manage their condition and avoid potentially life-long debilitating symptoms. (Source: P.A. 100-184, eff. 1-1-18; 100-863, eff. 8-14-18.) (405 ILCS 115/10)Sec. 10. Advisory Council on Early Identification and Treatment of Mental Health Conditions.(a) There is created the Advisory Council on Early Identification and Treatment of Mental Health Conditions within the Department of Human Services. The Department of Human Services shall provide administrative support for the Advisory Council.  The report, recommendations, and action plan required by this Section shall reflect the consensus of a majority of the Council.(b) The Advisory Council shall:(1) review and identify evidence-based best practice     models and promising practices supported by peer-reviewed literature being implemented in this State and other states on regular screening and early identification of mental health and substance use conditions in children and young adults, including depression, bipolar disorder, schizophrenia, and other similar conditions, beginning at the age endorsed by the American Academy of Pediatrics, through young adulthood, irrespective of coverage by public or private health insurance, resulting in early treatment;(2) identify evidence-based mental health prevention     and promotion initiatives;(3) identify strategies to enable additional medical     providers and community-based providers to implement evidence-based best practices on regular screening, and early identification and treatment of mental health conditions;(4) identify barriers to the success of early     screening, identification and treatment of mental health conditions across this State, including but not limited to, treatment access challenges, specific mental health workforce issues, regional challenges, training and knowledge-base needs of providers, provider infrastructure needs, reimbursement and payment issues, and public and private insurance coverage issues;(5) based on the findings in paragraphs (1) through     (4) of this subsection (b), develop a set of recommendations and an action plan to address the barriers to early and regular screening and identification of mental health conditions in children, adolescents and young adults in this State; and(6) complete and deliver the recommendations and     action plan required by paragraph (5) of this subsection (b) to the Governor and the General Assembly within one year of the first meeting of the Advisory Council.Upon completion and delivery of the recommendations and action plan to the Governor and General Assembly, the Advisory Council shall be dissolved.(c) The Advisory Council shall be composed of no more than 27 members and 3 ex officio members, including:(1) Two members of the House of Representatives, one     appointed by the Speaker of the House of Representatives and one appointed by the Minority Leader of the House of Representatives.(2) Two members of the Senate, one appointed by the     President of the Senate and one appointed by the Minority Leader of the Senate.(3) One representative of the Office of the Governor     appointed by the Governor.(4) Twenty-two members of the public as follows;     however,  provider representatives selected shall include a balance of those delivering care to persons with private health insurance and those serving underserved populations:(A) Four pediatricians recommended by a statewide         organization that represents pediatricians, one from the Chicago area, one from suburban Chicago, one from central Illinois, and one from downstate Illinois, appointed by the Speaker of the House of Representatives.(B) Four family primary care physicians         recommended by a statewide organization that represents family physicians, one from the Chicago area, one from suburban Chicago, one from central Illinois, and one from downstate Illinois, appointed by the President of the Senate.(C) Two advanced practice registered nurses         recommended by a statewide organization that represents advanced practice registered nurses, one from Chicago  and one from central or downstate Illinois, appointed by the Speaker of the House of Representatives.(D) Two psychiatrists, including one child         psychiatrist, recommended by a statewide organization that represents psychiatrists, one from the Chicago metropolitan region and one from central or downstate Illinois, appointed by the President of the Senate.(E) Two psychologists, including one child         psychologist, recommended by a statewide organization that represents psychologists, one from the Chicago metropolitan region and one from central or downstate Illinois, appointed by the Speaker of the House of Representatives.(F) One representative from an organization that         advocates for families and youth with mental health conditions who is a parent with a child living with a mental health condition, appointed by the President of the Senate.(G) Two community mental health service providers         recommended by a statewide organization that represents community mental health providers, one from the Chicago metropolitan region and one from central Illinois or downstate Illinois, appointed by the Speaker of the House of Representatives.(H) Two substance use treatment providers         recommended by a statewide organization that represents substance use treatment providers, one from the Chicago metropolitan region, one from central or downstate Illinois, appointed by the President of the Senate.(I) One representative from an organization that         advocates for families and youth with mental health conditions who is an individual with lived experience of a mental health condition, appointed by the President of the Senate.(J) Two representatives from private insurance         companies, one appointed by the Speaker of the House of Representatives and one appointed by the President of the Senate.(K) The following 3 officials shall serve as ex         officio members:(i) the Director of Public Health, or his or             her designee;(ii) the Director of Healthcare and Family             Services, or his or her designee; and(iii) the Director of the Division of Mental             Health within the Department of Human Services, or his or her designee.(d) Members shall serve without compensation and are responsible for the cost of all reasonable and necessary travel expenses connected to Advisory Council business.  Advisory Council members shall not be reimbursed by the State for these costs.  Advisory Council members shall be appointed within 60 days after January 1, 2018 (the effective date of this Act).  The Advisory Council shall hold its initial meeting within 60 days after at least 50% of the members have been appointed.  One representative from the pediatricians or primary care physicians and one representative from the mental health treatment community shall be the co-chairs of the Advisory Council.  At the first meeting of the Advisory Council, the members shall select a 7-person Steering Committee that includes the co-chairs.  The Advisory Council may establish committees that address specific issues or populations and may appoint persons with relevant expertise who are not appointed members of the Advisory Council to serve on the committees as needed.
(Source: P.A. 100-184, eff. 1-1-18; 100-863, eff. 8-14-18.)
(405 ILCS 120/1)Sec. 1. Short title. This Act may be cited as the Maternal Mental Health Conditions Education, Early Diagnosis, and Treatment Act.
(Source: P.A. 101-512, eff. 1-1-20; 102-558, eff. 8-20-21.) (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) Maternal mental health conditions affect one in 5     women during or after pregnancy, but all women are at risk of suffering from maternal mental health conditions.(3) Untreated maternal mental health conditions     significantly and negatively impact the short-term and long-term health and well-being of affected women and their children.(4) Untreated maternal mental health conditions cause     adverse birth outcomes, impaired maternal-infant bonding, poor infant growth, childhood emotional and behavioral problems, and significant medical and economic costs, estimated to be $22,500 per mother.(5) Lack of understanding and social stigma of mental     health conditions prevent women and families from understanding the signs, symptoms, and risks involved with maternal mental health conditions and disproportionately affect women who lack access to social support networks.(6) It is the intent of the General Assembly to raise     awareness of the risk factors, signs, symptoms, and treatment options for maternal mental health conditions among pregnant women and their families, the general public, primary health care providers, and health care providers who care for pregnant women, postpartum women, and newborn infants.(Source: P.A. 101-512, eff. 1-1-20.) (405 ILCS 120/10)Sec. 10. Definitions. In this Act:"Birthing hospital" means a hospital that has an approved obstetric category of service and licensed beds by the Health Facilities and Services Review Board."Department" means the Department of Human Services."Maternal mental health condition" means a mental health condition that occurs during pregnancy or during the postpartum period and includes, but is not limited to, postpartum depression.
(Source: P.A. 101-512, eff. 1-1-20.) (405 ILCS 120/15)Sec. 15. Educational materials about maternal mental health conditions.  The Department shall develop educational materials for health care professionals and patients about maternal mental health conditions. A birthing hospital shall, on or before January 1, 2021, distribute these materials to employees regularly assigned to work with pregnant or postpartum women and incorporate these materials in any employee training that is related to patient care of pregnant or postpartum women. A birthing hospital shall supplement the materials provided by the Department to include relevant resources to the region or community in which the birthing hospital is located. The educational materials developed under this Section shall include all of the following:(1) Information for postpartum women and families     about maternal mental health conditions, post-hospital treatment options, and community resources.(2) Information for hospital employees regularly     assigned to work in the perinatal unit, including, as appropriate, registered nurses and social workers, about maternal mental health conditions.(3) Any other service the birthing hospital     determines should be included in the program to provide optimal patient care.(Source: P.A. 101-512, eff. 1-1-20.)
(405 ILCS 125/1)Sec. 1. Short title. This Act may be cited as the Housing is Recovery Pilot Program Act.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/3)Sec. 3. Definitions.  As used in this Act:"Individual at high risk of unnecessary institutionalization" means a person who has a serious mental illness who is homeless (or will be homeless upon hospital discharge or correctional facility release) and who has had:(1) three or more psychiatric inpatient hospital     admissions within the most recent 12-month period;(2) three or more stays in a State or county     correctional facility in the State of Illinois within the most recent 12-month period; or(3) a disability determination due to a serious     mental illness and has been incarcerated in a State or county correctional facility in Illinois for the most recent 12 consecutive months."Individual at high risk of overdose" means a person with a substance use disorder who is homeless (or will be homeless upon hospital discharge or correctional facility release) who has had:(A) three or more hospital inpatient or inpatient     detoxification admissions for a substance use disorder within the most recent 12-month period;(B) three or more stays in a State or county     correctional facility in the State of Illinois within the most recent 12-month period; or(C) one or more drug overdoses in the last 12 months."Engagement services" means home-based or community-based visits that assist the individual with maintaining his or her housing, and providing other wrap-around support, including linkage to mental health or substance use recovery support services. Such engagement services shall align with Medicaid-covered tenancy support services, and Medicaid community-based mental health and substance use treatment services, including case management, to ensure alignment with any existing or future Illinois Medicaid benefits, waivers or State plan amendments that include these services, and to maximize any potential federal Medicaid matching dollars that may be available to support engagement services."Homeless" means the definition used by the U.S. Department of Health and Human Services, Health Resources and Services Administration in Section 330(h)(5)(A) of the Public Health Services Act (42 U.S.C. 254(b)). Under Section 330(h)(5)(A), a homeless individual is an individual who lacks housing (without regard to whether the individual is a member of a family), including an individual whose primary residence during the night is a supervised public or private facility that provides temporary living accommodations, and an individual who is a resident in transitional housing. This includes individuals who are doubled up with other households."Serious mental illness" means meeting both the diagnostic and functioning criteria consistent with the definition of Serious Mental Illness in the most current edition of the Illinois Department of Human Services/Division of Mental Health Community Mental Health Provider Manual."Substance use disorder" as defined in Section 1-10 of the Substance Use Disorder Act.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/5)Sec. 5. Establishment of program. Subject to appropriation, the Housing is Recovery pilot program shall be established and administered by the Department of Human Services, Division of Mental Health. The purpose of the program is to prevent a person with a serious mental illness who is at high risk of unnecessary institutionalization, or a person with a substance use disorder who is at high risk of overdose, due to homelessness, a lack of access to recovery support services, and repeating cycles of hospitalizations or justice system involvement from being institutionalized or dying. This will be accomplished by enabling affordable housing through the use of a bridge rental subsidy combined with access to recovery support services or treatment. The triple aim of Housing is Recovery is:(1) preventing institutionalization and overdose     deaths;(2) improving health outcomes and access to recovery     support services; and(3) reducing State costs.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/10)Sec. 10. Eligibility.  An individual meeting the requirements listed in this Section shall be eligible to receive a Housing is Recovery bridge rental subsidy for purposes of stabilizing his or her mental illness or substance use disorder.(1) An individual at high risk of unnecessary     institutionalization who is 21 years of age or older, or is aging out of guardianship under the Department of Children and Family Services, and who is eligible to enroll in, or is enrolled in, Medicaid for purposes of receiving mental health treatment pursuant to 89 Ill. Adm. Code 140.(2) An individual at high risk of overdose who is 21     years of age or older, or is aging out of guardianship under the Department of Children and Family Services, and who is eligible to enroll in, or is enrolled in, Medicaid for purposes of receiving substance use treatment.(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/15)Sec. 15. Housing is Recovery bridge rental subsidy.  A bridge rental subsidy received by an individual (the "subsidy holder") pursuant to this Act shall mirror the subsidies issued by the Department of Human Services, Division of Mental Health through the Moving On Program. The rental subsidy shall be for scattered-site rental units owned by a landlord or for rental units secured through a master lease. The rental subsidy shall assist the subsidy holder with monthly rental payments for rent that does not exceed the Fair Market Rent published annually for that year by the U.S. Department of Housing and Urban Development. The Department of Human Services, Division of Mental Health, shall have the discretion to allow a subsidy to apply to rent up to 120% of the Fair Market Rent if this is justified by the lack of available affordable housing in the local housing market. Community Mental Health Centers certified pursuant to 59 Ill. Adm. Code 132 or supported housing service providers participating in this pilot program shall be responsible for assisting the subsidy holder with maintaining his or her housing that is supported by the bridge rental subsidy and either providing or coordinating engagement services with a mental health or substance use treatment provider.(1) The subsidy holder shall be responsible for     contributing 30% of his or her income toward the cost of rent (zero income does not preclude participation).(2) The subsidy holder must agree to sign a lease     with a landlord or a sublease agreement with the Community Mental Health Center or the housing services provider that has a master lease for the rental unit and agree to engagement services initiated by the supported housing provider, the Community Mental Health Center or contracted mental health or substance use treatment provider at least 2 times a month, with at least one of those visits being a home visit. The engagement services shall be permitted in a home-based or community-based setting, and do not require a clinic visit.(3) A goal of this program is to encourage the     subsidy holder to engage in mental health and substance use recovery support services or treatment when the individual is ready. However, this is a Housing First model that does not require abstinence from substance or alcohol use and does not require mental health or substance use treatment.(4) If a subsidy holder does not have an income due     to a psychiatric disability, he or she shall be offered the opportunity for assistance with filing a "SOAR application" (Supplemental Security Income (SSI)/Social Security Disability Income (SSDI), Outreach, Access and Recovery application) by the Community Mental Health Center participating in the Housing is Recovery program that is providing his or her mental health support or treatment within 6 months of the initiation of mental health services. If the subsidy holder is only receiving housing support services, the housing services provider must partner with a Community Mental Health Center to do SOAR applications for individuals who elect to apply for a psychiatric disability. A subsidy holder is not required to apply for a disability determination.(5) The subsidy holder, if he or she is eligible,     must apply for rental assistance or housing through the appropriate Public Housing Authority within 6 months of receiving a Housing is Recovery bridge rental subsidy or agree to apply when it is permissible to do so, and also be placed on the Illinois Housing Development Authority's Statewide Referral Network.(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/20)Sec. 20. Identification and referral of eligible individuals prior to hospital discharge or correctional facility release for purposes of rapid housing post discharge/release and illness stability. The pilot program is intended to enable affordable housing to avoid institutionalization or overdose death by providing for connection to housing through a variety of settings, including in hospitals, county jails, prisons, homeless shelters and inpatient detoxification facilities and the referral process established must take this into account. Within 2 months of the effective date of this Act, the Department of Human Services, Division of Mental Health, in partnership with the Department of Healthcare and Family Services and the Department of Human Services, Division of Substance Use Prevention and Recovery (SUPR), the Department of Corrections, and with meaningful stakeholder input through a working group of Community Mental Health Centers, homeless service providers, substance use treatment providers, hospitals with inpatient psychiatric units or detoxification units, representatives from county jails, persons with lived experience, and family support organizations, shall develop a process for identifying and referring eligible individuals for the Housing is Recovery program prior to hospital discharge or correctional system release, or other appropriate place for referral, including homeless shelters. The process developed shall aim to enable rapid access to housing post-discharge/release to avoid unnecessary institutionalization or a return to homelessness or unstable housing. The working group shall meet at least monthly prior to development of an administrative rule or policy established to carry out the intent of this Act. The Department of Human Services, Division of Mental Health, shall explore ways to collaborate with the U.S. Department of Housing and Urban Development's Coordinated Entry System and other ways for electronic referral. The Department of Human Services, Division of Mental Health, and the Department of Healthcare and Family Services shall collaborate to ensure that the referral process aligns with any existing or future Medicaid waivers or State plan amendments for tenancy support services.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/25)Sec. 25. Participating Community Mental Health Centers and housing service provider responsibilities for locating and transitioning the individual into housing, assisting in retaining housing, and the provision of engagement and recovery support services.  The Department of Human Services, Division of Mental Health, shall select interested Community Mental Health Centers that are certified pursuant to 59 Ill. Adm. Code 132 and interested housing service providers for participation in the Housing is Recovery program.(1) For purposes of incentivizing continuity of care,     the same participating Community Mental Health Center may be responsible for providing both the housing support and the mental health or substance use engagement, recovery support services and treatment to a subsidy holder. If a housing support services provider does not also provide the mental health or substance use treatment services the individual engages in, there must be strong coordination of care between the housing services provider and the treatment provider.(2) The provider must demonstrate that the rental     units secured through this program pass minimum quality inspection standards.(3) Community Mental Health Centers providing housing     support through this program shall be responsible for any SOAR applications for a subsidy holder that has a psychiatric disability who does not have SSI or SSDI if the subsidy holder chooses to apply for disability. A housing services provider delivering the housing support services through this program must contract with a Community Mental Health Center to provide assistance with SOAR applications to subsidy holders electing to apply for SSI or SSDI within 6 months of the subsidy holder receiving the subsidy.(4) Service providers shall be permitted to engage in     master leasing to secure apartments for those who are hard to house due to criminal backgrounds, history of substance use and stigma.(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/30)Sec. 30. Securing rental housing units for purposes of immediate temporary housing following hospital discharge or release from a correctional facility while a long-term rental unit is secured.  Up to 20% of the available annual appropriation for the Housing is Recovery program shall be available to Community Mental Health Centers or the housing services provider for purposes of securing critical time intervention rental units to house an eligible individual immediately following discharge from a hospitalization or release from a correctional facility because locating an apartment unit for a longer-term one-year lease and the related move-in can take up to 3 months. Such temporary units may be used for immediate temporary housing, not to exceed 90 days for purposes of preventing the individual from reentering homelessness or unstable housing, or avoiding unnecessary institutionalization. The Department of Human Services, Division of Mental Health, shall allow providers to certify that such rental units meet minimum housing quality standards and ensure a process by which community providers are able to secure vacant rental units for the purpose of immediate short-term housing post-hospital discharge or correctional system release while a longer term housing rental unit is secured.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/35)Sec. 35. Basic move-in expenses.  The Housing is Recovery program shall include reasonable payment for the basic move-in expenses of the subsidy holder, including, but not limited to, payment of a security deposit and other move-in fees or expenses, and basic household supplies and furnishings.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/40)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 community-based organizations with experience and expertise in housing subsidy administration and by Community Mental Health Centers that the Department of Human Services, Division of Mental Health, determines have the administrative infrastructure for subsidy administration. Such organizations shall manage and administer all aspects of the subsidy (such as payment of rent, quality inspections) on behalf of the subsidy holder.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/45)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 prospective landlords that may lease to individuals receiving a bridge rental subsidy through the Housing is Recovery program. This educational plan shall include written materials that indicate that individuals with psychiatric disabilities and substance use disorders often have criminal justice involvement due to their previously untreated mental health or substance use condition and periods of homelessness. Implementation of this plan shall be rolled out in conjunction with the implementation of the Housing is Recovery program.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/50)Sec. 50. State agency coordination.  The Department of Human Services, Division of Mental Health, shall partner with SUPR to ensure coordination of the services required pursuant to this Act and all substance use recovery support services and treatment for which SUPR has oversight. The Department of Human Services, Division of Mental Health, shall also work with the Department of Healthcare and Family Services to maximize all recovery support services and treatment that are or can be covered by Medicaid.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/55)Sec. 55. Provider and State agency education on the pilot program.  The Department of Human Services, Division of Mental Health shall put together written materials on the Housing is Recovery program and eligibility criteria for purposes of educating participating providers, county jails, the Department of Corrections, hospitals and other relevant stakeholders on the program. The Department of Human Services, Division of Mental Health, shall engage in an ongoing education effort to ensure that all stakeholders are aware of the program and how to screen for eligibility and referral.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/60)Sec. 60. Reimbursement for subsidy administration, housing support and engagement services and other program costs.  The Department of Human Services, Division of Mental Health shall develop a reimbursement approach for community providers doing subsidy administration that covers all costs of subsidy administration, quality inspection and other services. The Department of Human Services, Division of Mental Health shall also develop a reimbursement approach that covers all costs incurred by Community Mental Health Centers and housing services providers for identifying and securing rental units for subsidy holders, including all travel related to finding and locating an apartment and move-in of the subsidy holder, quality inspections for temporary housing units, completing and submitting SOAR applications, the costs associated with obtaining necessary documents associated with obtaining a lease for the subsidy holder (such as obtaining a State ID); for engagement services not covered by Medicaid; and for any other reasonable and necessary costs associated with the program outlined in this Act. Reimbursement shall also include all costs associated with collecting and tracking data for purposes of program evaluation and improvement. At the discretion of the Department of Human Services, Division of Mental Health, up to 5% of the annual appropriation may be applied to growing mental health or substance use treatment or recovery support capacity if a participating provider in the Housing is Recovery program demonstrates an inability to take eligible individuals due to such capacity limitations.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/65)Sec. 65. Subsidy termination.  The subsidy holder shall continue to hold the subsidy until he or she receives a housing voucher or rental subsidy through a Public Housing Authority unless:(1) The individual has a stay in a nursing home,     Institution for Mental Disease (IMD) or specialized mental health rehabilitation facility (SMHRF) exceeding 6 consecutive months. During a stay in nursing home, IMD or SMHRF of less than 6 months, the program will continue to pay the subsidized portion of the rent in order to maintain the housing unit for the subsidy holder upon discharge.(2) The individual has a stay in a correctional     facility exceeding 6 consecutive months. During a correctional facility stay of less than 6 months, the program will continue to pay the subsidized portion of the rent in order to maintain the housing unit for the subsidy holder.(3) A subsidy does not terminate if the subsidy     holder is required to move multiple times due to landlord eviction or does not engage in treatment, as the target population for this pilot program is expected to have multiple barriers to remaining housed.(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/70)Sec. 70. Developing public-private partnerships to expand affordable housing options for those with serious mental illnesses.  The Department of Human Services, Division of Mental Health shall work with the Department of Healthcare and Family Services, Medicaid managed care organizations and hospitals across the State to develop public-private partnerships to incentivize private funding from hospitals and managed care organizations to match State dollars invested in the Housing is Recovery program for purposes of preventing repeated preventable hospitalizations, overdose deaths and unnecessary institutionalization.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/75)Sec. 75. Data collection and program evaluation.(a) For purposes of evaluating the effectiveness of the Housing is Recovery program and for making improvements to the program, the Department of Human Services, Division of Mental Health shall contract with an independent outside research organization with expertise in housing services for individuals with serious mental illnesses and substance use disorders to evaluate the program's effectiveness on enabling housing stability, reducing hospitalizations and justice system involvement, encouraging engagement in mental health and substance use treatment, fostering employment engagement, and reducing institutionalization and overdose deaths. Such evaluation shall commence after 4 years of implementation of the program and shall be submitted to the General Assembly by the end of the fifth year of implementation. For purposes of assisting with this evaluation, the working group established pursuant to Section 20 shall also make recommendations to the Department of Human Services, Division of Mental Health, regarding what data must be tracked by providers and the Department of Human Services, Division of Mental Health, to evaluate the program and to make future changes to the program to ensure its effectiveness in meeting the triple aim stated in  Section 5.(b) Beginning after the first 12 months of implementation and on an annual basis, the Department of Human Services, Division of Mental Health, shall track and make public the following information: (1) the number of individuals receiving subsidies in reporting period (12-month average); (2) participant demographics including age, race, gender identity, and primary language; (3) the average duration of time individuals are enrolled in the program (by months); (4) the number of individuals removed from the program and reasons for removal; (5) the number of grievances filed by participants and a summary of grievance type; and (6) program referral sources. Reports shall be generated on an annual basis and publicly posted on the Department of Human Services website.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/80)Sec. 80. Act subject to appropriation.  This Act is subject to appropriation. The appropriation shall be divided equally between bridge subsidies issued to individuals who are at high risk of unnecessary institutionalization and those who are at high risk of overdose.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/85)Sec. 85. Rulemaking authority.  Any administrative rules necessary to implement this Act shall be filed within 12 months following the effective date of this Act.
(Source: P.A. 102-66, eff. 7-9-21.) (405 ILCS 125/99)Sec. 99. Effective date. This Act takes effect upon becoming law. 
(Source: P.A. 102-66, eff. 7-9-21.)
(405 ILCS 130/1)Sec. 1. Short title. This Act may be cited as the Interstate Contracts for Mental Health Disorder Treatment Act.
(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/3)Sec. 3. Purpose. The purpose of this Act is to enable Illinois and Wisconsin residents who are subject, by court order, to involuntary admission on an inpatient basis for the treatment of a mental health disorder to obtain appropriate treatment across state lines in qualified private hospitals and facilities that are closer to their homes than are facilities available in their home states.
(Source: P.A. 102-371, eff. 1-1-22.) (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 mental health facility that provides substance use disorder or mental health treatment to a person from a state other than the state in which a facility is located."Receiving state" means the state in which the receiving agency is located."Northern border county" means the Illinois counties of Boone, DeKalb, DuPage, Kane, Lake, McHenry, and Winnebago."Sending agency" means a mental health facility located in a state which sends a person to a receiving state for substance use disorder or mental health treatment."Sending state" means the state in which a sending agency is located."Wisconsin Southeast Region" means the Wisconsin counties of Kenosha, Milwaukee, Ozaukee, Racine, Rock, Walworth, Washington, and Waukesha.

(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/10)Sec. 10. Purchase of services.  A private mental health facility located in a northern border county may contract as provided under this Act with a county department located in the Wisconsin Southeast Region to secure mental health treatment for Illinois residents who are subject to involuntary admission on an inpatient basis under orders issued by courts of this State for treatment at the mental health facility or hospital, except that mental health treatment may not be secured for persons committed under Section 104-13 or 104-25 of the Code of Criminal Procedure of 1963 or under Section 5-2-4 of the Unified Code of Corrections.
(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/15)Sec. 15. Provision of services.  A private mental health facility located in a northern border county may contract as provided under this Act with a county department located in the Wisconsin Southeast Region to provide mental health treatment to Wisconsin residents who are subject to involuntary admission on an inpatient basis under orders issued by Wisconsin courts which shall have jurisdiction over the Wisconsin residents while they are committed to the private mental health facility or private hospital for treatment as provided under Section 51.87 of the Wisconsin Statutes, except that mental health treatment may not be provided for  Wisconsin residents who are involved in a criminal proceeding.


(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/20)Sec. 20. Residence not established. No person establishes legal residence in the state where the receiving agency is located while the person is receiving services in accordance with a contract under this Act.
(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/25)Sec. 25. Treatment records. Treatment records shall be managed in accordance with the laws of the receiving state.
(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/30)Sec. 30. Involuntary commitments.  An individual who is detained, committed, or placed on an involuntary basis under Article VI or VII of the Mental Health and Developmental Disabilities Code may be confined and treated for a mental health disorder in a private hospital or mental health facility located in the Wisconsin Southeast Region in accordance with a contract under this Act. An individual who is detained, committed, or placed under the civil laws of Wisconsin may be confined and treated in this State in accordance with a contract under this Act. Court orders valid under the law of the sending state are granted recognition and reciprocity in the receiving state for individuals covered by a contract under this Act to the extent that the court orders relate to confinement for treatment or care of a mental health disorder. Such court orders are not subject to legal challenge in the courts of the receiving state. Persons who are detained, committed, or placed under the law of a sending state and who are transferred to a receiving state under this Act continue to be in the legal custody of the authority responsible for them under the law of the sending state. Except in emergencies, those persons may not be transferred, removed, or furloughed from a facility of the receiving agency without the specific approval of the authority responsible for them under the law of the sending state.
(Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/35)Sec. 35. Applicable laws.  While in the receiving state in accordance with a contract under this Act, an individual shall be subject to all of the provisions of law, rules, and regulations applicable to persons detained, committed, or placed in accordance with the corresponding laws of the receiving state, except those laws, rules, and regulations of the receiving state relating to length of confinement, reexaminations, and extensions of confinement and except as otherwise provided by this Act. The law, rules, and regulations of the sending state relating to length of confinement, reexaminations, and extensions of confinement shall apply. No person may be sent to another state in accordance with a contract under this Act until the receiving state has enacted a law recognizing the validity and applicability of this State's laws as provided in this Act.
(Source: P.A. 102-371, eff. 1-1-22.) (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 130/50)Sec. 50. Required contract provisions.  All contracts under this Act shall do all of the following:(1) Establish the responsibility for the costs of all     services to be provided under the contract.(2) Establish the responsibility for the     transportation of clients to and from receiving facilities.(3) Provide for reports by the receiving agency to     the sending agency on the condition of each client covered by the contract.(4) Provide for arbitration of disputes arising out     of the provisions of the contract which cannot be settled through discussion between the contracting parties and specify how arbitrators will be chosen.(5) Include provisions ensuring the nondiscriminatory     treatment, as required by law, of employees, clients, and applicants for employment and services.(6) Establish the responsibility for providing legal     representation for clients in legal proceedings involving the legality of confinement and the conditions of confinement.(7) Establish the responsibility for providing legal     representation for employees of the contracting parties in legal proceedings initiated by persons receiving treatment in accordance with the contract.(8) Include provisions concerning the length of the     contract and the means by which the contract can be terminated.(9) Establish the right of qualified employees and     representatives of the sending agency and sending state to inspect, at all reasonable times, the records of the receiving agency and its treatment facilities to determine if appropriate standards of care are met for clients receiving services under the contract.(10) Require the sending agency to provide the     receiving agency with copies of all relevant legal documents authorizing confinement of persons who are confined in accordance with the law of the sending state and receiving services in accordance with a contract under this Act.(11) Establish the responsibility for securing a     reexamination for an individual and for extending an individual's period of confinement.(12) Include provisions specifying when a receiving     facility can refuse to admit or retain an individual.(13) Specify the circumstances under which     individuals will be permitted home visits and granted passes to leave the facility. (Source: P.A. 102-371, eff. 1-1-22.) (405 ILCS 130/55)Sec. 55. Applicability. This Act does not apply to state-operated or public facilities or hospitals located in Wisconsin or Illinois. 
(Source: P.A. 102-371, eff. 1-1-22.)
(405 ILCS 135/1)Sec. 1. Short title. This Act may be cited as the First Responder Mental Health Grant Program Act.
(Source: P.A. 102-911, eff. 1-1-23.) (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 responders, including police, firefighters, emergency medical technicians, and public safety telecommunicators across this State have full access to supportive and responsive behavioral health services and treatment.(c) The General Assembly recognizes that these services should be responsive to the individual's needs and must be kept confidential.(d) The General Assembly recognizes that the administration and provision of these services both recognize and reduce the historical barrier of stigma and a lack of confidentiality that first responders face when attempting to access behavioral health services and treatment.


(Source: P.A. 102-911, eff. 1-1-23.) (405 ILCS 135/10)Sec. 10. Definitions. In this Act:"Behavioral health" means mental health, health relating to substance use, or both."Behavioral health care" means services, treatment, medication, and other measures to overcome, mitigate, or prevent a behavioral health issue. These services, treatment, medication, and other measures qualify as "behavioral health care" even if there is no formal diagnosis of a specific condition."Department" means the Department of Human Services."First responder" means a law enforcement officer, firefighter, emergency medical services personnel as defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, or public safety telecommunicator as defined in Section 2 of the Emergency Telephone Systems Act."Record" means any record kept by a therapist or by an agency in the course of providing behavioral health care to a first responder concerning the first responder and the services provided. "Record" includes the personal notes of the therapist or agency. "Record" includes all records maintained by a court that have been created in connection with, in preparation for, or as a result of the filing of any petition or certificate under Chapter II, Chapter III, or Chapter IV of the Mental Health and Developmental Disabilities Code and includes the petitions, certificates, dispositional reports, treatment plans, and reports of diagnostic evaluations and of hearings under Article VIII of Chapter III or under Article V of Chapter IV of that Code. "Record" does not include information that has been de-identified in accordance with HIPAA, as specified in 45 CFR 164.514. "Record" does not include a reference to the receipt of behavioral health care noted during a patient history and physical or other summary of care.
(Source: P.A. 102-911, eff. 1-1-23.) (405 ILCS 135/15)Sec. 15. First Responder Behavioral Health Grant Program.(a)  Subject to appropriation, there is created within the Department of Human Services a First Responder Behavioral Health Grant Program to provide grants to the following recipients:(1) units of local government;(2) law enforcement agencies;(3)  fire protection districts;(4) school districts;(5) public or private hospitals; or(6) ambulance services that employ first responders.(b) The First Responder Behavioral Health Grant Fund is hereby created as a special fund in the State treasury. Moneys in the First Responder Behavioral Health Grant Fund shall be used by the Secretary of Human Services to make grants to eligible recipients as provided in subsection (a).(c) Recipients eligible for grants under this Section shall use the grants for expenses related to behavioral health care services for first responders, including, but not limited to, telehealth services. An employer may not reduce behavioral health care provided through a first responder's employee benefit package as a result of the receipt of grant funds under this Act.(d) All records, notes, and conclusions by a treatment provider providing behavioral health care to first responders whose employers receive grants under this Act shall not be shared with the employer unless otherwise mandated by law.(e) Applicants seeking grants under this Act shall apply to the Department in a form and manner prescribed by the Department.(f) The Department may adopt any rules necessary to implement this  Act.

(Source: P.A. 102-911, eff. 1-1-23.) (405 ILCS 135/900)Sec. 900. (Amendatory provisions; text omitted).
(Source: P.A. 102-911, eff. 1-1-23; text omitted.)
(405 ILCS 140/1)Sec. 1. Short title. This Act may be cited as the Mental Health Inpatient Facility Access Act.
(Source: P.A. 102-913, eff. 5-27-22.) (405 ILCS 140/5)Sec. 5. Findings. The General Assembly finds that:(1) In 1955, Illinois had more than 30,000 adult     State-operated inpatient mental health beds.(2) In 2019, prior to the COVID-19 pandemic, Illinois     had fewer than 1,200 adult State-operated inpatient mental health beds.(3) Due to the COVID-19 pandemic, there are now only     approximately 1,100 State-operated inpatient mental health beds.(4) More than 500,000 people in Illinois have serious     mental health conditions.(5) While most people with even the most serious     mental health conditions can be successfully treated in the community or in private hospitals, many will need inpatient care from a State-operated inpatient mental health facility.(6) Given the small number of remaining beds in     State-operated inpatient mental health facilities, it is vital that adults who need a hospital-level of care are able to obtain services in such facilities.(7) Due to the lack of available inpatient mental     health beds:(A) Many people in need of inpatient psychiatric         care wait for days or weeks in emergency departments or non-psychiatric units of general hospitals where it is difficult to provide them with safe and effective mental health treatment.(B) Persons found unfit to stand trial or not         guilty by reason of insanity and committed to the custody of the Department of Human Services often wait for weeks or months in county jails where it is difficult to provide them with safe and effective mental health treatment.(C) Adults with a continuing need for mental         health services are discharged into the community before their mental health condition makes such a discharge safe and appropriate or before arrangements have been made for needed long-term community mental health services.(D) Adults who need inpatient care are often         denied access to such care.(Source: P.A. 102-913, eff. 5-27-22.) (405 ILCS 140/10)Sec. 10. Strategic plan on improving access to inpatient psychiatric beds.   The Department of Human Services' Division of Mental Health shall develop a written, strategic plan that comprehensively addresses improving access to inpatient psychiatric beds in State-operated mental health facilities for individuals needing a hospital level of care. This plan shall address achieving the best use of State-operated psychiatric beds across Illinois, with strategies specifically to mitigate inefficient use of forensic beds and reduce lengths of stays for the forensic population. A comprehensive approach to this plan shall include training and education, ongoing assessment of individuals receiving inpatient services, reviewing and updating policies and procedures, and increasing community-based capacity for individuals in all State-operated forensic beds. The plan shall include:(1) Annual training. Required annual training for all     State-operated inpatient mental health facility clinicians shall include:(A) Best practices for evaluating whether         individuals found not guilty by reason of insanity or unfit to stand trial meet the legal criteria for inpatient treatment.(B) Best practices for determining appropriate         treatment for individuals found not guilty by reason of insanity or unfit to stand trial.(C) The requirements of treatment plan reports.(D) The types of mental health services available         following discharge, including, but not limited to: assertive community treatment, community support teams, supportive housing, medication management, psychotherapy, peer support services, specialized mental health rehabilitation facilities, and nursing homes.(2) Regular and periodic assessment of mental health     condition and progress. At least once every year following the admission of any individual under Section 5-2-4 of the Unified Code of Corrections or Section 104-17 of the Code of Criminal Procedure of 1963, the Director of the Division of Mental Health, or his or her designee, shall meet with the treatment team assigned to that individual to review whether:(A) The individual continues to meet the standard         for inpatient care.(B) The individual may be appropriate for          unsupervised on-grounds privileges, off-grounds privileges (with or without escort by personnel of the Department of Human Services), home visits, and participation in work programs.(C) The current treatment plan is reasonably         expected to result in the improvement of the individual's clinical condition so that the individual no longer needs inpatient treatment, and, if not, what other treatments or placements are available to meet the individual's needs and safety.(3) Updated policies and procedures.(A) Revise facility policies and procedures to         increase opportunities for home visits and work programs that assist with community reintegration. This shall include a review of unsupervised on-grounds privileges, off-grounds privileges (with or without escort by personnel of the Department of Human Services), home visits, and participation in work or educational programs to ensure that policies do not limit the ability to approve these activities. The plan shall also address the frequency for which individuals are assessed to be eligible for these activities.(B) Ensure all individuals found unfit to stand         trial or not guilty by reason of insanity, who can be treated on an outpatient basis are recommended for outpatient services.(C) Develop benchmarks to ensure that:(i) every individual found unfit to stand             trial or not guilty by reason of insanity who has been committed by a court to the Department for treatment shall be admitted to a Department facility within the time periods set forth in subsection (b) of Section 104-17 of the Code of Criminal Procedure of 1963 and subsection (a) of Section 5-2-4 of Unified Code of Corrections; and(ii) no individual who needs inpatient             psychiatric care remains in an emergency department of any hospital or in any other non-psychiatric unit longer than 48 hours.(4) Building community treatment capacity.(A) Specific steps to increase access to         community-based mental health services that provide (i) outpatient alternatives to those being assessed for inpatient stays at State-operated inpatient mental health facilities and (ii) step-down services for those no longer meeting inpatient stay criteria, specifically the population of individuals found not guilty by reason of insanity. Such steps must specifically identify community-based treatment alternatives and how these services will be funded.(B) Specific steps to ensure each State-operated         inpatient mental health facility has sufficient qualified psychiatrists, psychologists, social workers, peer support professionals, and other staff so that the Department may provide adequate and humane care and services for all patients.  That plan shall include:(i) an assessment of whether the salary and             other benefits provided to professional staff are sufficient to attract and retain staff;(ii) an assessment of the annual budget             needed to attract and retain staff;(iii) an assessment of any other impediments             to attracting and retaining staff, and a mitigation plan for those impediments; and(iv) a detailed plan for recruiting             psychiatrists, psychologists, social workers, peer support professionals, and other mental health staff.(5) Certification of mental health clinicians.  The     Division of Mental Health shall outline in the strategic plan a plan for training, implementing standard qualifications, and credentialing all psychiatrists, clinical social workers, clinical psychologists, and qualified examiners who conduct any evaluations, as employees, agents, or vendors of the Division concerning:(A) findings of unfitness to stand trial and all         other evaluations of individuals receiving treatment in accordance with Section 104-10 of the Code of Criminal Procedure of 1963:(B) individuals receiving treatment in accordance         with Section 5-2-4 of the Unified Code of Corrections;(C) whether individuals are subject to         involuntary admission on an inpatient or outpatient basis in accordance with the Mental Health and Developmental Disabilities Code; and(D) whether individuals are subject to         court-ordered treatment in accordance with Section 2-107.1 of the Mental Health and Developmental Disabilities Code.Such evaluations shall include any treatment reports     required under the Code of Criminal Procedure of 1963 or the Mental Health and Developmental Disabilities Code.(6) There shall be stakeholder input during the     planning process from the Division of Mental Health's forensic workgroup.(Source: P.A. 102-913, eff. 5-27-22.) (405 ILCS 140/15)Sec. 15. Implementation.   The strategic plan developed by the Division of Mental Health shall be finalized and made publicly available one year after the effective date of this Act. The plan shall include:(1) Benchmarks and timelines for implementing each     provision of the plan.(2) Strategy for obtaining resources needed to     implement each provision of the plan.(3) Ongoing stakeholder engagement during the     implementation of the plan through the Division of Mental Health's forensic workgroup.(Source: P.A. 102-913, eff. 5-27-22.) (405 ILCS 140/20)Sec. 20. Prohibition on reduction of State-operated psychiatric inpatient beds.  The Department shall make no further reductions in State-operated inpatient mental health bed capacity.  Nothing in
this Section shall affect the authority of the Governor to
issue emergency executive orders to protect the health or
safety of recipients or employees of State-operated inpatient psychiatric facilities.
(Source: P.A. 102-913, eff. 5-27-22.) (405 ILCS 140/99)Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-913, eff. 5-27-22.)
(405 ILCS 145/Art. 1 heading) 
Article 1. 
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-1)Sec. 1-1. Short title.  This Article may be cited as the Ensuring a More Qualified, Competent, and Diverse Community Behavioral Health Workforce Act. References in this Article to "this Act" mean this Article.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-5)Sec. 1-5. Findings.  The General Assembly finds that:(1) The behavioral health workforce shortage, already     at dire levels before 2020, has been exacerbated by the COVID-19 pandemic and is at a crisis point.(2) Behavioral health workforce shortages,     particularly licensed clinical staff, staff turnover in all positions, and workforce development are major concerns in the behavioral health field.(3) By 2026, unfilled mental healthcare jobs in     Illinois are expected to reach 8,353, according to Mercer's 2021 External Healthcare Labor Market Analysis.(4) Community based mental health agencies often     serve as training or supervision sites for interns and new entrants to the workforce seeking supervision hours to meet licensure requirements. These professionals are mandated to complete up to 3000 hours of supervised clinical experience. This places financial and time-resource hardships on these already lean organizations to provide the supervision.(5) Many new mental health clinicians have to pay an     estimated $10,000-$30,000 in fees for supervision according to Motivo. The amount is unaffordable for many students, particularly lower-income students, who graduate with tens of thousands of dollars in debt.(6) Community mental health agencies frequently serve     the most complex and chronically ill behavioral health clients, which can be a challenging population for new entrants to the workforce. Many times, professionals leave for better-paid opportunities with lower acuity patients after completing their facility-sponsored supervision requirements.(7) The lack of compensation for serving as a     training or supervision site and staff turnover adversely impact the ability of agencies to better prepare the workforce and meet the needs of their behavioral health clients.(8) Recognizing and providing financial support for     this function will help community-based agencies provide more training or supervision opportunities and may also assist with recruiting and retaining professionals at these sites.(9) Providing financial support for this role would     help to address reductions in standard clinical productivity as a result of time spent supervising new workers, enabling better absorption of the costs of high turnover, or allowing for these settings to staff appropriately to support training or supervision.(10) For individuals seeking their licensure,     roadblocks to supervision include cost-prohibitive fees, difficulty finding supervisors, and an even greater supervisor shortage in rural areas.(11) Beyond fulfilling the required hours to get     licensed, clinical supervision has a profound impact on the trajectory of an individual's career and the lives of their clients. Ultimately, effective clinical supervision helps ensure that clients are competently served.(12) At a time when behavioral health providers     report crisis level wait lists that force individuals seeking care to wait for months before they receive care, now more than ever, we need immediate solutions to help strengthen our State's behavioral health workforce.(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-10)Sec. 1-10. Grant awards.  To develop and enhance professional development opportunities and diversity in the behavioral health field, and increase access to quality care, the Department of Human Services, Division of Mental Health, shall award grants or contracts to community mental health centers or behavioral health clinics licensed or certified by the Department of Human Services or the Department of Healthcare and Family Services to establish or enhance training and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-15)Sec. 1-15. Use of funds. An eligible entity receiving a grant or contract under this Act shall use funds received through the grant or contract to establish new, or enhance existing, training, and supervision of interns and behavioral health providers-in-training pursuing licensure as a licensed clinical social worker, licensed clinical professional counselor, and licensed marriage and family therapist.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-20)Sec. 1-20. Priority. In awarding grants and contracts under this Act, the Department of Human Services, Division of Mental Health, shall give priority to eligible entities in underserved urban areas and rural areas of the State.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-25)Sec. 1-25. Grant terms. A grant or contract awarded under this Act shall be for a period of 3 years. Nothing in the Act precludes grantees to reapply for additional rounds of funding. 
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-30)Sec. 1-30. Application submission. An entity seeking a grant or contract under this Act shall submit an application at such time, in such manner, and accompanied by such information as the Department of Human Services, Division of Mental Health, may require. Requirements by the Department of Human Services, Division of Mental Health shall be done in a way that ensures minimum additional administrative work.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-35)Sec. 1-35. Reporting.  Reporting requirements for the grant agreement shall be set forth by the Department of Human Services, Division of Mental Health.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/1-40)Sec. 1-40. Funding. Funding for the grants or contracts is subject to appropriation.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/Art. 3 heading) 
Article 3.
(The Recovery and Mental Health Tax Credit Act
is compiled at 35 ILCS 50/)(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/Art. 5 heading) 
Article 5.
(Amendatory provisions; text omitted)(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/Art. 15 heading) 
Article 15.
(Amendatory provisions; text omitted)(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/Art. 99 heading) 
Article 99.
(Source: P.A. 102-1053, eff. 6-10-22.) (405 ILCS 145/99-99)Sec. 99-99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 102-1053, eff. 6-10-22.)
(405 ILCS 15/0.01) (from Ch. 91 1/2, par. 140)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Mental Treatment for Incarcerated Persons Act.
		(Source: P.A. 86-1324.) (405 ILCS 15/1) (from Ch. 91 1/2, par. 141)Sec. 1. 
		
		In the event that any person is sentenced and committed under
the laws of this State or the ordinances or resolutions of any municipal
corporation or political subdivision to any penal or correctional
institution other than the penitentiary or reformatory, any person 18
years of age or over may file with the Circuit Court a petition
asserting that the person named in the petition has become subject to involuntary
admission under the Mental Health and Developmental Disabilities Code since
his commitment. The petition shall be accompanied
by the certificate of a qualified examiner, psychiatrist, clinical psychologist
or physician stating in reasonable detail the basis
for the conclusion of said certificate that the person whose
hospitalization is desired is subject to involuntary admission as that term
is defined in Section 1-119 of the Mental Health and Developmental Disabilities Code.The petitioner shall provide the State's Attorney and the person
named in the petition with a copy of the petition.
		(Source: P.A. 81-337.) (405 ILCS 15/2) (from Ch. 91 1/2, par. 142)Sec. 2. 
		
		The court shall set a date for a hearing on the petition within
5 days, excluding Saturdays, Sundays and holidays, after the filing of the
petition. The hearing shall be conducted in the manner prescribed in Article
VIII of Chapter III of the "Mental Health and Developmental Disabilities
Code", as now and hereafter amended. If the jury by its verdict, or the
court if no jury is requested, finds that the named person is not subject
to involuntary admission, he shall be returned to the institution to which
he was sentenced and committed. If the jury by its verdict, or the court
if no jury is requested, finds that
the named person is subject to involuntary admission, the court shall commit
him to the Department of Human Services.
If the named person is deemed no longer subject to involuntary admission
and the time for which he was sentenced has not expired, he shall be returned
by the Department of Human Services to the penal or correctional institution from which he was
committed to finish his
original sentence. If the time has expired, he shall be discharged in
accordance
with Article IX of Chapter III of the "Mental Health
and Developmental Disabilities Code", as now and hereafter amended.
		(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 20/0.1) (from Ch. 91 1/2, par. 300.1)Sec. 0.1. 
		
		This Act shall be known and may be cited as the "Community Mental
Health Act".
		(Source: Laws 1967, p. 3457.) (405 ILCS 20/1) (from Ch. 91 1/2, par. 301)Sec. 1. As used in this Act:"Direct recipient services" means only those services required to carry out a completed individualized treatment plan that is signed by a service recipient or legal guardian. Crisis assessment and stabilization services are excluded, although these services may be anticipated in a treatment plan."Governmental unit" means any county, city, village, incorporated
town, or township."Person with a developmental disability" means any person or persons so
diagnosed and as defined in the Mental Health and Developmental Disabilities
Code. Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "person with a developmental disability"."Mental illness" has the meaning ascribed to that term in the Mental Health and Developmental Disabilities Code.  Community mental health boards operating under this Act may in their jurisdiction, by a majority vote, add to the definition of "mental illness"."Substance use disorder" encompasses substance abuse, dependence, and addiction, not inconsistent with federal or State definitions.

(Source: P.A. 97-813, eff. 7-13-12.) (405 ILCS 20/2) (from Ch. 91 1/2, par. 302)Sec. 2. Any county, city, village, incorporated town, township,
public health district, county health department, multiple-county health
department, school district or any combination thereof, in consultation
with and being advised by the Department of Human Services,
shall
have the power to construct, repair, operate, maintain and regulate
community mental health facilities to provide mental health services as
defined by the local community mental health board, including services
for, persons with a developmental disability or substance use disorder, for
residents thereof and/or to contract therefor with any private or public
entity which provides such facilities and services, either in or without
such county, city, village, incorporated town, township, public health
district, county health department, multiple-county health department,
school district or any combination thereof.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/3) (from Ch. 91 1/2, par. 303)Sec. 3. 
		
		Any such county, city, village, incorporated town, township, public
health district, county health department, multiple-county health
department, school district, community mental health board or any combination
thereof, may accept
donations of property and funds for the purposes specified in this Act.
		(Source: P.A. 81-898.) (405 ILCS 20/3a) (from Ch. 91 1/2, par. 303a)Sec. 3a. Every governmental unit authorized to levy an annual tax
under any of the provisions of this Act shall, before it may levy such
tax, establish a 7 member community mental health board who shall
administer this Act.  Such board shall be appointed by the chairman of
the governing body of a county, the mayor of a city, the president of a
village, the president of an incorporated town, or the supervisor of a
township, as the case may be, with the advice and consent of the
governing body of such county, city, village, incorporated town or the
town board of trustees of any township.  Members of the community mental
health board shall be residents of the government unit and, as nearly as
possible, be representative of interested groups of the community such
as local health departments, medical societies, local comprehensive
health planning agencies, hospital boards, lay associations concerned
with mental health, developmental disabilities and substance abuse, as well as
the general public.  Only one member shall be a member of the governing body.
The chairman of the governing body may, upon the request of the community
mental health board, appoint 2 additional members to the community mental
health board.  No member of the community mental health board may be a
full-time or part-time employee of the Department of Human Services or a board member, employee or any other individual
receiving compensation from any facility or service
operating under contract to the board. If a successful referendum is
held under Section 5 of this Act, all members of such board shall be
appointed within 60 days of the referendum.Home rule units are exempt from this Act.  However, they may, by
ordinance, adopt the provisions of this Act, or any portion thereof,
that they may deem advisable.The tax rate set forth in Section 4 may be levied by any
non-home rule unit only pursuant to the approval by the voters at a
referendum.  Such referendum may have been held at any time subsequent to the
effective date of the Community Mental Health Act.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/3b) (from Ch. 91 1/2, par. 303b)Sec. 3b. 
		
		The term of office of each member of the community mental health
board shall be for 4 years, provided, however, that of the members first
appointed, 2 shall be appointed for a term of 2 years, 2 for a term of 3
years and 3 for a term of 4 years. All terms shall be measured from the
first day of the year of appointment. Vacancies shall be filled for the
unexpired term in the same manner as original appointments.
		(Source: Laws 1965, p. 1037.) (405 ILCS 20/3c) (from Ch. 91 1/2, par. 303c)Sec. 3c. 
		
		
		Any member of the community mental health board may be removed by the
appointing officer for absenteeism, neglect of duty, misconduct or
malfeasance in office, after being given a written statement of the charges
and an opportunity to be heard thereon.
		(Source: P.A. 77-1500.) (405 ILCS 20/3d) (from Ch. 91 1/2, par. 303d)Sec. 3d. 
		
		
		The expenses incurred by any community mental health board in the
performance of duties imposed upon it or its members shall be a charge on
the board and shall be paid out of the "Community Mental Health Fund"
hereinafter established. No member shall receive payment, except expenses,
for service on the board.
		(Source: P.A. 78-574.) (405 ILCS 20/3e) (from Ch. 91 1/2, par. 303e)Sec. 3e. Board's powers and duties.(1) Every community mental health board shall, immediately
after appointment, meet and organize, by the election of one of its
number as president and one as secretary and such other officers as it
may deem necessary.  It shall make rules and regulations concerning the
rendition or operation of services and facilities which it directs,
supervises or funds, not inconsistent with the provisions of this Act.  It shall:(a) Hold a meeting prior to July 1 of each year at     which officers shall be elected for the ensuing year beginning July 1;(b) Hold meetings at least quarterly;(c) Hold special meetings upon a written request     signed by at least 2 members and filed with the secretary;(d) Review and evaluate community mental health     services and facilities, including services and facilities for the treatment of alcoholism, drug addiction, developmental disabilities, and intellectual disabilities;(e) Authorize the disbursement of money from the     community mental health fund for payment for the ordinary and contingent expenses of the board;(f) Submit to the appointing officer and the members     of the governing body a written plan for a program of community mental health services and facilities for persons with a mental illness, a developmental disability, or a substance use disorder.  Such plan shall be for the ensuing 12 month period.  In addition, a plan shall be developed for the ensuing 3 year period and such plan shall be reviewed at the end of every 12 month period and shall be modified as deemed advisable.(g) Within amounts appropriated therefor, execute     such programs and maintain such services and facilities as may be authorized under such appropriations, including amounts appropriated under bond issues, if any;(h)  Publish the annual budget and report within 120      days after the end of the fiscal year in a newspaper distributed  within the jurisdiction of the board, or, if no newspaper is published within the jurisdiction of the board, then one published in the county, or, if no newspaper is published in the county, then in a newspaper having general circulation within the jurisdiction of the board.  The report shall show the condition of its trust of that year, the sums of money received from all sources, giving the name of any donor, how all monies have been expended and for what purpose, and such other statistics and program information in regard to the work of the board as it may deem of general interest.  A copy of the budget and the annual report shall be made available to the Department of Human Services and to members of the General Assembly whose districts include any part of the jurisdiction of such board.  The names of all employees, consultants, and other personnel shall be set forth along with the amounts of money received;(i) Consult with other appropriate private and public     agencies  in the development of local plans for the most efficient delivery of mental health, developmental disabilities, and substance use disorder services.  The Board is authorized to join and to participate in the activities of associations organized for the purpose of promoting more efficient and effective services and programs;(j)  Have the authority to review and comment on all     applications for grants by any person, corporation, or governmental unit providing services within the geographical area of the board which provides mental health facilities and services, including services for the person with a mental illness, a developmental disability, or a substance use disorder.  The board may require funding applicants to send a copy of their funding application to the board at the time such application is submitted to the Department of Human Services or to any other local, State or federal funding source or governmental agency.  Within 60 days of the receipt of any application, the board shall submit its review and comments to the Department of Human Services or to any other appropriate local, State or federal funding source or governmental agency.  A copy of the review and comments shall be submitted to the funding  applicant.  Within 60 days thereafter, the Department of Human Services or any other appropriate local or State governmental agency shall issue a written response to the board and the funding applicant.  The Department of Human Services shall supply any community mental health board such information about purchase-of-care funds, State facility utilization, and costs in its geographical area as the board may request provided that the information requested is for the purpose of the Community Mental Health Board complying with the requirements of Section 3f, subsection (f) of this Act;(k) Perform such other acts as may be necessary or     proper to carry out the purposes of this Act.(2) The community mental health board has the following powers:(a) The board may enter into multiple-year contracts     for rendition or operation of services, facilities and educational programs.(b) The board may arrange through intergovernmental     agreements or intragovernmental agreements or both for the rendition of services and operation of facilities by other agencies or departments of the governmental unit or county in which the governmental unit is located with the approval of the governing body.(c) To employ, establish compensation for, and set     policies for its personnel, including legal counsel, as may be necessary to carry out the purposes of this Act and prescribe the duties thereof. The board may enter into multiple-year employment contracts as may be necessary for the recruitment and retention of personnel and the proper functioning of the board.(d) The board may enter into multiple-year joint     agreements, which shall be written, with other  mental health boards and boards of health to provide jointly agreed upon community mental health facilities and services and to pool such funds as may be deemed necessary and available for this purpose.(e) The board may organize a not-for-profit     corporation for the purpose of providing direct recipient services.  Such corporations shall have, in addition to all other lawful powers, the power to contract with persons to furnish services for recipients of the corporation's facilities, including psychiatrists and other physicians licensed in this State to practice medicine in all of its branches.  Such physicians shall be considered independent contractors, and liability for any malpractice shall not extend to such corporation, nor to the community mental health board, except for gross negligence in entering into such a contract.(f) The board shall not operate any direct recipient     services for more than a 2-year period when such services are being provided in the governmental unit, but shall encourage, by financial support, the development of private agencies to deliver such needed services, pursuant to regulations of the board.(g) Where there are multiple boards within the same     planning area, as established by the Department of Human Services, services may be purchased through a single delivery system.  In such areas, a coordinating body with representation from each board shall be established to carry out the service functions of this Act. In the event any such coordinating body purchases or improves real property, such body shall first obtain the approval of the governing bodies of the governmental units in which the coordinating body is located.(h) The board may enter into multiple-year joint     agreements with other governmental units located within the geographical area of the board.  Such agreements shall be written and shall provide for the rendition of services by the board to the residents of such governmental units.(i) The board may enter into multiple-year joint     agreements with federal, State, and local governments, including the Department of Human Services, whereby the board will provide certain services.  All such joint agreements must provide for the exchange of relevant data.  However, nothing in this Act shall be construed to permit the abridgement of the confidentiality of patient records.(j) The board may receive gifts from private sources     for purposes not inconsistent with the provisions of this Act.(k) The board may receive Federal, State and local     funds for purposes not inconsistent with the provisions of this Act.(l) The board may establish scholarship programs.      Such programs shall require equivalent service or reimbursement pursuant to regulations of the board.(m) The board may sell, rent, or lease real property     for purposes consistent with this Act.(n) The board may: (i) own real property, lease real     property as lessee, or acquire real property by purchase, construction, lease-purchase agreement, or otherwise; (ii) take title to the property in the board's name; (iii) borrow money and issue debt instruments, mortgages, purchase-money mortgages, and other security instruments with respect to the property; and (iv) maintain, repair, remodel, or improve the property. All of these activities must be for purposes consistent with this Act as may be reasonably necessary for the housing and proper functioning of the board. The board may use moneys in the Community Mental Health Fund for these purposes.(o) The board may organize a not-for-profit     corporation (i) for the purpose of raising money to be distributed by the board for providing community mental health services and facilities for the treatment of alcoholism, drug addiction, developmental disabilities, and intellectual disabilities or (ii) for other purposes not inconsistent with this Act.(Source: P.A. 97-227, eff. 1-1-12.) (405 ILCS 20/3f) (from Ch. 91 1/2, par. 303f)Sec. 3f. Annually, each community mental health board shall prepare and submit, for informational purposes in the appropriations process,
to the appointing officer and governing body referred to in Section 3a:
(a) an annual budget showing the estimated receipts and intended
disbursements pursuant to this Act for the fiscal year immediately
following the date the budget is submitted, which date must be at least
30 days prior to the start of the fiscal year, and (b) an annual report
detailing the income received and disbursements made pursuant to this
Act during the fiscal year just preceding the date the annual report is
submitted, which date must be within 90 days of the close of that fiscal
year. Such report shall also include those matters set forth in Section
8 of this Act.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/3g) (from Ch. 91 1/2, par. 303g)Sec. 3g. 
		
		Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
		(Source: P.A. 84-731.) (405 ILCS 20/4) (from Ch. 91 1/2, par. 304)Sec. 4. In order to provide the necessary funds or to supplement
existing funds for such community mental health facilities and services,
including facilities and services for the person with a developmental
disability or a substance use disorder, the governing body of any governmental
unit, subject to the provisions of Section 5, may levy an annual tax of not to
exceed .15% upon all of the taxable property in such governmental unit at the
value thereof, as equalized or assessed by the Department of Revenue.  Such tax
shall be levied and collected in the same manner as other governmental unit
taxes, but shall not be included in any limitation otherwise prescribed as to
the rate or amount of governmental unit taxes, but shall be in addition thereto
and in excess thereof.When collected, such tax shall be paid into a special fund to be
designated as the "Community Mental Health Fund" which shall, upon
authorization by the appropriate governmental unit, be administered by
the community mental health board and used only for the purposes
specified in this Act.  Nothing contained herein shall in any way
preclude the use of other funds available for such purposes under any
existing Federal, State or local statute.  Interest earned from moneys
deposited in this Fund shall only be used for purposes which are
authorized by this Act.In any city, village, incorporated town, or township which levies a
tax for the purpose of providing community mental health facilities and
services and part or all of such city, village, incorporated town, or
township is in a county or township, as the case may be, which levies a
tax to provide community mental health facilities and services under the
provisions of this Act, such county or township, as the case may be,
shall pay to such city, village, incorporated town, or township, as the
case may be, the entire amount collected from taxes under this Section
on property subject to a tax which any city, village, incorporated town,
or township thereof levies to provide community mental health facilities
and services.Whenever any city, village, incorporated town, or township receives
any payments from a county or township as provided above, such city,
village, incorporated town, or township shall reduce and abate from the
tax levied by the authority of this Section a rate which would produce
an amount equal to the amount received from such county or township.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)(Text of Section from P.A. 102-839)Sec. 5. (a) When the governing body of a governmental unit passes a
resolution as provided in Section 4 asking that an annual tax may be
levied for the purpose of providing such mental health facilities and
services, including facilities and services for the person with a
developmental disability or a substance  use disorder, in the community and so
instructs the clerk of the governmental unit such clerk shall certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:
--------------------------------------------------------------Shall............  (governmentalunit) levy an annual tax of not to               YESexceed .15% for the purpose of providingcommunity mental health facilities and        ----------------services including facilities and servicesfor the person with a developmental              NOdisability or a substance use disorder?--------------------------------------------------------------(a-5) If the governmental unit is also subject to the Property Tax Extension Limitation Law, then the proposition shall also comply with the Property Tax Extension Limitation Law. Notwithstanding any provision of this subsection, any referendum imposing an annual tax on or after January 1, 1994 and prior to the effective date of this amendatory Act of the 102nd General Assembly that complies with subsection (a) is hereby validated.(b) If a majority of all the votes cast upon the proposition are for the
levy of such tax, the governing
 body of such governmental unit shall
thereafter annually levy a tax not to exceed the rate set forth in
Section 4.  Thereafter, the governing body shall in the annual
appropriation bill appropriate from such funds such sum or sums of money
as may be deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and the local
mental health  plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.(c)  If the governing body of a governmental unit levies a tax under Section 4 of this Act and the rate specified in the proposition under subsection (a) of this Section is less than 0.15%, then the governing body of the governmental unit may, upon referendum approval,  increase that rate to not more than 0.15%.   The governing body shall instruct the clerk of the governmental unit to certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:"Shall the tax imposed by (governmental unit) for the     purpose of providing community mental health facilities and services, including facilities and services for persons with a developmental disability or substance use disorder be increased to (not more than 0.15%)?"If a majority of all the votes cast upon the proposition are for the
increase of the tax, then the governing
 body of the governmental unit may
thereafter annually levy a tax not to exceed the rate set forth in the referendum question. (Source: P.A. 102-839, eff. 5-13-22.)(Text of Section from P.A. 102-935)Sec. 5. (a) When the governing body of a governmental unit passes a
resolution as provided in Section 4 asking that an annual tax may be
levied for the purpose of providing such mental health facilities and
services, including facilities and services for the person with a
developmental disability or a substance  use disorder, in the community and so
instructs the clerk of the governmental unit such clerk shall certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:
--------------------------------------------------------------Shall............ (governmentalunit) levy an annual tax of                      YES(not more than .15%) for the purpose of providingcommunity mental health facilities and        ----------------services including facilities and servicesfor the person with a developmental              NOdisability or a substance use disorder?--------------------------------------------------------------(b) If a majority of all the votes cast upon the proposition are for the
levy of such tax, the governing
 body of such governmental unit shall
thereafter annually levy a tax not to exceed the rate set forth in
Section 4.  Thereafter, the governing body shall in the annual
appropriation bill appropriate from such funds such sum or sums of money
as may be deemed necessary, based upon the community mental health
board's budget, the board's annual mental health report, and the local
mental health  plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.(c)  If the governing body of a governmental unit levies a tax under Section 4 of this Act and the rate specified in the proposition under subsection (a) of this Section is less than 0.15%, then the governing body of the governmental unit may, upon referendum approval,  increase that rate to not more than 0.15%.   The governing body shall instruct the clerk of the governmental unit to certify the
proposition to the proper election officials for submission at a regular
election in accordance with the general election law. The proposition shall be
in the following form:"Shall the tax imposed by (governmental unit) for the     purpose of providing community mental health facilities and services, including facilities and services for persons with a developmental disability or substance use disorder be increased to (not more than 0.15%)?"If a majority of all the votes cast upon the proposition are for the
increase of the tax, then the governing
 body of the governmental unit may
thereafter annually levy a tax not to exceed the rate set forth in the referendum question. (Source: P.A. 102-935, eff. 7-1-22.) (405 ILCS 20/6) (from Ch. 91 1/2, par. 306)Sec. 6. Whenever the governing body of any governmental unit has
not provided the community mental health facilities and services
provided in Section 2 and levied the tax provided in Section 4 and a
petition signed by electors of the governmental unit equal in number to
at least 10% of the total votes cast for the office which received the greatest
total number of votes at the last preceding general governmental unit election
is presented to the clerk of the governmental unit requesting the establishment
and maintenance of such community mental health facilities and services,
including facilities and services for the person with a developmental
disability or a substance use disorder, for residents
thereof and the levy of such an annual tax therefor, the governing body
of the governmental unit, subject to the provisions of Section 7, shall
establish and maintain such community mental health facilities and
services and shall levy such an annual tax of not to exceed .15% upon
all of the taxable property in such governmental unit at the value
thereof, as equalized or assessed by the Department of Revenue.  Such tax
shall be levied and collected in the same manner as
other governmental unit taxes, but shall not be included in any
limitation otherwise prescribed as to the rate or amount of governmental
unit taxes, but shall be in addition thereto and in excess thereof.When collected, such tax shall be paid into a special fund to be
designated as the "Community Mental Health Fund" which shall, upon
authorization by the appropriate governmental unit, be administered by
the community mental health board and used only for the purposes
specified in this Act.  Nothing contained herein shall in any way
preclude the use of other funds available for such purposes under any
existing Federal, State or local statute.  Interest earned from moneys
deposited in this Fund shall only be used for purposes which are
authorized by this Act.In any city, village, incorporated town, or township which levies a
tax for the purpose of providing community mental health facilities and
services and part or all of such city, village, incorporated town, or
township is in a county or township, as the case may be, which levies a
tax to provide community mental health facilities and services under the
provisions of this Act, such county or township, as the case may be,
shall pay to such city, village, incorporated town, or township, as the
case may be, the entire amount collected from taxes under this Section
on property subject to a tax which any city, village, incorporated town,
or township thereof levies to provide community mental health facilities
and services.Whenever any city, village, incorporated town, or township receives
any payments from a county or township as provided above, such city,
village, incorporated town, or township shall reduce and abate from the
tax levied by the authority of this Section a rate which would produce
an amount equal to the amount received from such county or township.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/7) (from Ch. 91 1/2, par. 307)Sec. 7. When the petition provided for in Section 6 is presented to
the clerk of the governmental unit requesting the establishment and
maintenance of such mental health facilities and services for residents
of the community and the levy of such an annual tax therefor, the clerk
of the governmental unit shall certify to the proper election officials
the proposition for the levy of such tax which shall be submitted at a regular
election in accordance with the general election law. The proposition shall be
in substantially the following form:
					--------------------------------------------------------------Shall....................(governmental unit) establish andmaintain community mental health           YESfacilities and services includingfacilities and services for the        -----------------------person with a developmentaldisability or a substance                  NOuse disorder and levy therefor anannual tax of not to exceed .15%?		--------------------------------------------------------------If a majority of all the votes cast upon the proposition are in favor
thereof, the governing
						 body of such governmental unit shall establish
and maintain such community mental health facilities and services and
shall annually levy such tax.  Thereafter, the governing body shall in
the annual appropriation bill appropriate from such funds such sum or
sums of money as may be deemed necessary, based upon the community
mental health board's budget, the board's annual mental health report,
and the board's plan to defray necessary expenses and liabilities in
providing for such community mental health facilities and services.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/8) (from Ch. 91 1/2, par. 308)Sec. 8. 
		
		The Secretary of Human Services may make grants-in-aid to such
county, city, village, incorporated town, township, public health district,
county health department, multiple-county health department, school district or
any combination thereof in accordance with the provisions of Section 34 of the
Mental Health and Developmental Disabilities Administrative Act.  However, no
such grants shall be made without first considering the review and comments
made by the board as set forth in Section 3e and responding
thereto.  The Department shall make all rules necessary for carrying out the
provisions of this Section, including the setting of standards of eligibility
for state assistance.
		(Source: P.A. 91-357, eff. 7-29-99.) (405 ILCS 20/8.1) (from Ch. 91 1/2, par. 308.1)Sec. 8.1. 
		
		The provisions of the Illinois Administrative Procedure Act
are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (405 ILCS 20/8.5)Sec. 8.5. (Repealed).
	 
	 (Source: P.A. 92-159, eff. 1-1-02. Repealed by P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/9) (from Ch. 91 1/2, par. 309)Sec. 9. Whenever electors, equal in number to at least 10% of the
total votes cast for the office on which the greatest total number of
votes were cast at the last preceding general governmental unit
election, of a governmental unit which has adopted the taxing provisions
of this Act, present a petition to the clerk of the governmental unit,
requesting that the levying of a tax annually in such governmental unit
for the purpose of providing community mental health facilities and
services be discontinued, the clerk shall certify the proposition to the
proper election officials for submission at a regular election in accordance
with the general election law. The proposition shall be substantially in
the following form:
					--------------------------------------------------------------Shall.... (governmental unit)discontinue the levying of an annual tax for    YESthe purpose of providing community mentalhealth facilities and services including     -----------------facilities and services for theperson with a developmental disability           NOor a substance use disorder?--------------------------------------------------------------If a majority of all the votes cast upon the proposition are for the
discontinuance of the levying of such tax, the governing body of the
governmental unit shall not thereafter levy such a tax unless a
proposition authorizing such levy again receives a majority of all the
votes cast upon the proposition as provided in Sections 5 and 7 of this Act.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/10) (from Ch. 91 1/2, par. 310)Sec. 10. Whenever the board and the governing body of a governmental unit by
resolution determines that it is necessary to issue bonds of the governmental
unit to enable it to provide buildings for or to make permanent improvements in
the community mental health facilities, including facilities for the person
with a developmental disability or a substance use disorder, the governing body
shall so instruct the clerk of the governmental unit.  Thereupon, such clerk
shall certify the proposition to the proper election officials who shall submit
the proposition at a regular election in accordance with the general election
law.  However, before such resolution is adopted, a report must be filed with
the board and the governing body by the Department of Human Services as to the advisability of any
proposed building or of any proposed permanent improvements in existing
facilities.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/11) (from Ch. 91 1/2, par. 311)Sec. 11. 
					The proposition pursuant to Section 10 shall be in the following
form:--------------------------------------------------------------Shall the.... (governmental unit) issuebonds to the amount of.... dollars for thepurpose of enabling the governmental unit        YESto.... (purpose to be stated, which shallbe either to provide buildings for or to     -----------------make permanent improvements in the communitymental health facilities including facilities    NOfor the person with a developmentaldisability or a substance use disorder)?	--------------------------------------------------------------In case a majority of the votes cast upon the propositions shall be
in favor of the issuance of such bonds, the governing body of the
governmental unit shall issue the bonds of the governmental unit not
exceeding the amount authorized at the referendum. Such bonds shall become
due not more than 40 years after their date, shall be in denominations
of $100 or any multiple thereof, and shall bear interest, evidenced by
coupons, payable semi-annually, as shall be determined by the governing body.
					(Source: P.A. 95-336, eff. 8-21-07.) (405 ILCS 20/12) (from Ch. 91 1/2, par. 312)Sec. 12. 
		
		
		The bonds authorized by this Act shall be sold and the proceeds thereof
used solely for the specified purpose. At or before the time of delivery of
any bond, the governing body of the governmental unit shall file with the
clerk of the governmental unit its certificates, stating the amount of
bonds to be issued, or denominations, rate of interest, where payable, and
shall include a form of bond to be issued. The governing body of the
governmental unit shall levy a direct tax upon all of the taxable property
within the governmental unit sufficient to pay the principal and interest
on the bonds as and when the same respectively mature. Such tax shall be in
addition to all other taxes and shall not be within any rate limitation
otherwise prescribed by law.The proceeds received from the sale of the bonds shall be placed in a
special fund in the governmental unit treasury to be designated as the
"Bond Community Mental Health Fund" and thereafter the governing body shall
in the annual appropriation bill appropriate from such funds such sum or
sums as may be necessary to carry out the provisions of this Section.
Interest earned from moneys deposited in this Fund shall only be used for
purposes which are authorized by this Act.
		(Source: P.A. 78-574.) (405 ILCS 20/13) (from Ch. 91 1/2, par. 313)Sec. 13. 
		
		Both the proposition for the levy of an annual tax pursuant to
Section 5 of this Act and the proposition for issuance of bonds pursuant
to Section 10 of this Act may be submitted to the electors at the same
election.
		(Source: Laws 1967, p. 1171.) (405 ILCS 20/14)Sec. 14. (Repealed).
(Source: P.A. 97-1170, eff. 3-12-13. Repealed internally, eff. 12-31-18.)
(405 ILCS 22/1)Sec. 1. Short title. This Act may be cited as the Community Expanded Mental Health Services Act.
(Source: P.A. 96-1548, eff. 1-1-12.) (405 ILCS 22/5)Sec. 5. Purpose.  The purpose of an Expanded Mental Health Services Program and Governing Commission created under the provisions of this Act by the voters of a territory within a municipality with a population of more than 1,000,000 shall be to expand the availability of mental health services to an additional population of mentally ill residents, in keeping with the model of community-based mental health care instituted by the 1963 federal Community Mental Health Centers Act.  The Program is intended to expand and extend mental health services to mentally ill residents who need     the assistance of their communities in overcoming or coping with mental or emotional disorders, with a         special focus on early intervention and prevention of such disorders.  The Expanded Mental Health Services Program may also assist the severely mentally ill, but shall not replace existing services currently mandated by law for the severely mentally ill.
(Source: P.A. 96-1548, eff. 1-1-12.) (405 ILCS 22/10)Sec. 10. Definitions.  As used in  this Act:"Clinical psychologist" means a psychologist who is licensed by the Illinois Department of Financial and Professional Regulation and who: (i) has a doctoral degree from a regionally accredited university, college, or professional school, and has 2 years of supervised experience in health services of which at least one year is postdoctoral and one year is in an organized health service program; or (ii) has a graduate degree in psychology from a regionally accredited university or college, and has not less than 6 years of experience as a psychologist with at least 2 years of supervised experience in health services."Clinical social worker" means a person who is licensed as a clinical social worker by the Illinois Department of Financial and Professional Regulation and who: (i) has a master's or doctoral degree in social work from an accredited graduate school of social work; and (ii) has at least 2 years of supervised post-master's clinical social work practice which shall include the provision of mental health services for the evaluation, treatment and prevention of mental and emotional disorders."Community organization" means a not for profit organization which has been registered with this State for at least 5 years as a not for profit organization, which qualifies for tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as now or hereafter amended, which continuously maintains an office or business location within the territory of an Expanded Mental Health Services Program together with a current listed telephone number, or a majority of whose members reside within the territory of an Expanded Mental Health Services Program."Eligible person" means any person living within a described territory who suffers from, or is at risk of suffering from, a mental illness and such a person's immediate family (including a spouse, child, and parent).  Each eligible person may receive described services within a territory, and those services shall be free of charge after the person has exhausted all available payment subsidies, including but not limited to Medicare, Medicaid, and private insurance."Governing Commission" means the governing body of an Expanded Mental Health Services Program created under this Act."Mental illness" means a mental or emotional disorder that substantially impairs a person's thought, perception of reality, emotional process, judgment, behavior, or ability to cope with the ordinary demands of life, but does not include a developmental disability, dementia, or Alzheimer's disease absent psychosis, or an abnormality manifested only by repeated criminal or otherwise antisocial conduct."Mental health professionals" include clinical social workers, clinical psychologists, and psychiatrists as defined by this Act."Program" means the Expanded Mental Health Services Program governed by a specific Governing Commission."Program guidelines" means those policies, rules, regulations, and bylaws established from time to time by the Governing Commission to explain, clarify, or modify the Program in order to fulfill its goals and objectives."Psychiatrist" means a physician who has successfully completed a residency program in psychiatry accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association."Severe mental illness" means the manifestation of all of the following characteristics: (i) a primary diagnosis of one of the major mental disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed as follows: schizophrenia disorder; delusional disorder; schizo-affective disorder; bipolar affective disorder; atypical psychosis; major depression, recurrent; (ii) substantial impairment of functioning in at least 2 of the following areas: self-maintenance, social functioning, activities of community living, and work skills; and (iii) presence or expected presence of the disability for at least one year.A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist, and shall not be based solely on behaviors relating to environmental, cultural or economic differences."Territory" means a geographically contiguous area with a population of 75,000 to 250,000 based on the most recent decennial census."Treatment" means an effort to accomplish an improvement in the mental condition or related behavior of a recipient. "Treatment" includes, but is not limited to, examination, diagnosis, evaluation, care, training, psychotherapy, pharmaceuticals, outpatient services, and other services provided for recipients by mental health facilities.
(Source: P.A. 96-1548, eff. 1-1-12.) (405 ILCS 22/15)Sec. 15. Creation of Expanded Mental Health Services Program and Governing Commission.(a) Whenever in a municipality with more than 1,000,000 inhabitants, the question of creating an Expanded Mental Health Services Program within a contiguous territory included entirely within the municipality is initiated by resolution or ordinance of the corporate authorities of the municipality or by a petition signed by not less than 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election by registered voters of the territory, the registered voters of which are eligible to sign the petition, it shall be the duty of the election authority having jurisdiction over such municipality to submit the question of creating an Expanded Mental Health Services Program to the electors of the territory at the regular election specified in the resolution, ordinance, or petition initiating the question. A petition initiating a question described in this Section shall be filed with the election authority having jurisdiction over the municipality. The petition shall be filed and objections thereto shall be made in the manner provided in the general election law. A resolution, ordinance, or petition initiating a question described in this Section shall specify the election at which the question is to be submitted. The referendum on such question shall be held in accordance with general election law. Such question, and the resolution, ordinance, or petition initiating the question, shall include a description of the territory, the name of the proposed Expanded Mental Health Services Program, and the maximum rate at which the Expanded Mental Health Services Program shall be able to levy a property tax.  The question shall be in substantially the following form:Shall there be established, to serve the territory commonly described on this ballot or notice of this question, a ........ (fill in community name)  Expanded Mental Health Services Program, to provide direct free mental health services for any resident of the territory who needs assistance in     overcoming or coping with mental or emotional disorders, where such program will be funded through an increase of not more than ..... (fill in tax rate from .025% to .044%) of the equalized assessed valuation of all properties within the boundaries of the territory?All of that area within the geographic boundaries of the territory described in such question shall be included in the Program, and no area outside the geographic boundaries of the territory described in such question shall be included in the Program. If the election authority determines that the description cannot be included within the space limitations of the ballot, the election authority shall prepare large printed copies of a notice of the question, which shall be prominently displayed in the polling place of each precinct in which the question is to be submitted.(b) Whenever a majority of the voters on such public question approve the creation of an Expanded Mental Health Services Program as certified by the proper election authorities, within 90 days of the passage of the referendum the Governor shall appoint 5 members and the Mayor of the municipality shall appoint 4 members, to be known as commissioners, to serve as the governing body of the Expanded Mental Health Services Program.(c) Of the 5 commissioners appointed by the Governor, the Governor shall choose 4 commissioners from a list of nominees supplied by a community organization or community organizations as defined in this Act; these 4 commissioners shall reside in the territory of the Program. Of the  commissioners appointed by the Governor, one shall be a mental health professional and one shall be a mental health consumer residing in the territory of the Program.(d) Of the 4 commissioners appointed by the Mayor of the municipality,  the Mayor shall choose 3 commissioners from a list of nominees supplied by a community organization or community organizations as defined in this Act; these 3 commissioners shall reside in the territory of the Program.  Of the  commissioners appointed by the Mayor,  one shall be a mental health professional and one shall be  a mental health consumer residing in the territory of the Program.(e) A community organization may recommend up to 10 individuals to the Governor and up to 10 individuals to the Mayor to serve on the Governing Commission.(f) No fewer than 7 commissioners serving at one time shall reside within the territory of the Program.(g) Upon creation of a Governing Commission, the terms of the initial commissioners shall be as follows: (i) of the Governor's initial appointments, 2 shall be for 3 years, one for 2 years, and 2 for one year; and (ii) of the Mayor's initial appointments, one shall be for 3 years, 2 for 2 years, and one for one year.  All succeeding terms shall be for 3 years, or until a successor is appointed and qualified. Commissioners shall serve without compensation except for reimbursement for reasonable expenses incurred in the performance of duties as a commissioner. A vacancy in the office of a member of a Governing Commission shall be filled in like manner as an original appointment.(h)  Any member of the Governing Commission may be removed by a majority vote of all other commissioners for absenteeism, neglect of duty, misconduct or malfeasance in the office, after being given a written statement of the charges and an opportunity to be heard thereon.(i) All proceedings and meetings of the Governing Commission shall be conducted in accordance with the provisions of the Open Meetings Act.
(Source: P.A. 98-630, eff. 5-29-14.) (405 ILCS 22/20)Sec. 20. Duties and functions of Governing Commission.   The duties and functions of the Governing Commission of an Expanded Mental Health Services Program shall include the following:(1)  To, immediately after appointment, meet and     organize, by the election of one of its number as president and one as secretary and such other officers as it may deem necessary.  It shall establish policies, rules, regulations, bylaws, and procedures for both the Governing Commission and the Program concerning the rendition or operation of services and facilities which it directs, supervises, or funds, not inconsistent with the provisions of this Act.  No policies, rules, regulations, or bylaws shall be adopted by the Governing Commission without prior notice to the residents of the territory of a Program and an opportunity for such residents to be heard.(2) To hold meetings at least quarterly, and to hold     special meetings upon a written request signed by at least 2 commissioners and filed with the secretary of the Governing Commission.(3)  To provide annual status reports on the Program     to the Governor, the Mayor of the municipality, and the voters of the territory within 120 days after the end of the fiscal year, such report to show the condition of the expanded mental health services fund for that year, the sums of money received from all sources, how all monies have been expended and for what purposes, how the Program has conformed with the mental health needs assessment conducted in the territory, and such other statistics and Program information in regard to the work of the Governing Commission as it may deem of general interest.(4) To manage, administer, and invest the financial     resources contained in the expanded mental health services fund.(5) To employ necessary personnel, acquire necessary     office space, enter into contractual relationships, and disburse funds in accordance with the provisions of this Act.  In this regard, to the extent the Governing Commission chooses to retain the services of another public or private agency with respect to the provision of expanded mental health services under this Act, such selection shall be based upon receipt of a comprehensive plan addressing the following factors: the conducting of a thorough mental health needs assessment for the territory; the development of specific mental health programs and services tailored to this assessment; and the percentage of the proposed budget devoted to responding to these demonstrated needs.  Within 14 days of the selection of any individual or organization, the Governing Commission shall provide a written report of its decision, with specific reference to the factors used in reaching its decision, to the Mayor of the municipality, the Governor, and the voters of the territory.  Subsequent decisions by the Governing Commission to retain or terminate the services of a provider shall be based upon the provider's success in achieving its stated goals, especially with regards to servicing the maximum number of residents of the territory identified as needing mental health services in the initial needs assessment and subsequent updates to it.(6) To disburse the funds collected annually from tax     revenue in such a way that no less than 85% of those funds are expended on direct mental and emotional health services provided by licensed mental health professionals or by mental health interns or persons with a bachelor's degree in social work supervised by those professionals.(7) To establish criteria and standards necessary for     hiring the licensed mental health professionals to be employed to provide the direct services of the Program.(8) To identify the mental and emotional health needs     within the Program territory and determine                       the programs for meeting those needs annually as well as the eligible persons whom the Program may         serve.(9) To obtain errors and omissions insurance for all     commissioners in an amount of no less than $1,000,000.(10) To perform such other functions in connection     with the Program and the expanded mental health services fund as required under this Act.(Source: P.A. 96-1548, eff. 1-1-12; 97-813, eff. 7-13-12.) (405 ILCS 22/25)Sec. 25. Expanded mental health services fund.(a) The Governing Commission shall maintain the expanded mental health services fund for the purposes of paying the costs of administering the Program and carrying out its duties under this Act, subject to the limitations and procedures set forth in this Act.(b) The expanded mental health services fund shall be raised by means of an annual tax levied on each property within the territory of the Program.  The rate of this tax may be changed from year to year by majority vote of the Governing Commission but in no case shall it exceed the ceiling rate established by the voters in the territory of the Program in the binding referendum to approve the creation of the Expanded Mental Health Services Program.  The ceiling rate must be set within the range of .025% to .044% of the equalized assessed valuation of all properties in the territory of the Program.  A higher ceiling rate for a territory may be established within that range only by the voters in a binding referendum from time to time to be held in a manner as set forth in this legislation.  The commissioners shall cause the amount to be raised by taxation in each year to be certified to the county clerk in the manner provided by law, and any tax so levied and certified shall be collected and enforced in the same manner and by the same officers as those taxes for the purposes of the county and city within which the territory of the Governing Commission is located. Any such tax, when collected, shall be paid over to the proper officer of the Governing Commission who is authorized to receive and receipt for such tax. The Governing Commission may issue tax anticipation warrants against the taxes to be assessed for a calendar year.(c) The moneys deposited in the expanded mental health services fund shall, as nearly as practicable, be fully and continuously invested or reinvested by the Governing Commission in investment obligations which shall be in such amounts, and shall mature at such times, that the maturity or date of redemption at the option of the holder of such investment obligations shall coincide, as nearly as practicable, with the times at which monies will be required for the purposes of the Program. For the purposes of this Section, "investment obligation" means direct general municipal, state, or federal obligations which at the time are legal investments under the laws of this State and the payment of principal of and interest on which are unconditionally guaranteed by the governing body issuing them.(d) The fund shall be used solely and exclusively for the purpose of providing expanded mental health services and no more than 15% of the annual levy may be used for reasonable salaries, expenses, bills, and fees incurred in administering the Program.(e) The fund shall be maintained, invested, and expended exclusively by the Governing Commission of the Program for whose purposes it was created. Under no circumstances shall the fund be used by any person or persons, governmental body, or public or private agency or concern other than the Governing Commission of the Program for whose purposes it was created. Under no circumstances shall the fund be commingled with other funds or investments.(f) No commissioner or family member of a commissioner, or employee or family member of an employee, may receive any financial benefit, either directly or indirectly, from the fund. Nothing in this subsection shall be construed to prohibit payment of expenses to a commissioner in accordance with subsection (g) of Section 15.(g)  Annually, the Governing Commission shall prepare for informational purposes in the appropriations process:  (1) an annual budget showing the estimated receipts and intended disbursements pursuant to this Act for the fiscal year immediately following the date the budget is submitted, which date must be at least 30 days prior to the start of the fiscal year; and (2) an independent financial audit of the fund and the management of the Program detailing the income received and disbursements made pursuant to this Act during the fiscal year just preceding the date the annual report is submitted, which date must be within 90 days of the close of that fiscal year.  These reports shall be made available to the public through any office of the Governing Commission or a public facility such as a local public library located within the territory of the Program.  In addition, and in an effort to increase transparency of public programming, the Governing Commission shall effectively create and operate a publicly accessible website, which shall publish results of all audits for a period of no less than six months after the initial disclosure of the results and findings of each audit.(h) Any expanded Mental Health Services Program existing on the effective date of this amendatory Act of the 98th General Assembly and created before December 31, 2012 by majority voter support on a binding referendum shall be authorized to levy for the 2013 levy year at the minimum tax rate of .025% of the equalized assessed valuation of all properties within its territory. (Source: P.A. 97-813, eff. 7-13-12; 98-630, eff. 5-29-14.) (405 ILCS 22/30)Sec. 30. Termination of a Program.   An Expanded Mental Health Services Program may be terminated only by the submission of and approval of the issue in the form of a public question before the voters of the territory of the Program at a regularly scheduled election in the same manner as the question of the creation of the Program, as set forth in Section 15 of this Act. If a majority of the voters voting upon the question approve the termination of the Expanded Mental Health Services Program, as certified by the proper election authorities, the Program shall conclude its business and cease operations within one year of the date on which the election containing the public question was held.
(Source: P.A. 96-1548, eff. 1-1-12.) (405 ILCS 22/35)Sec. 35. Immunity and indemnification.  No commissioner, officer, or employee, whether on salary, wage, or voluntary basis, shall be personally liable and no cause of action may be brought for damages resulting from the exercise of judgment or discretion in connection with the performance of Program duties or responsibilities, unless the act or omission involved willful or wanton conduct.A Program shall indemnify each commissioner, officer, and employee, except for the mental health professionals who will be expected to maintain malpractice insurance appropriate to their professional positions, whether on salary, wage, or voluntary basis against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney fees, and any other liabilities incurred by, imposed upon, or suffered by such individual in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of Program duties. Any settlement of any claim must be made with prior approval of the Governing Commission in order for indemnification, as provided in this Section, to be available.The immunity and indemnification provided by a Program under this Section shall not cover any acts or omissions which involve willful or wanton conduct, breach of good faith, intentional misconduct, knowing violation of the law, or for any transaction from which such individual derives an improper personal benefit.
(Source: P.A. 96-1548, eff. 1-1-12.) (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 suit is brought within 12 months after the event which is the subject of the legal action.
(Source: P.A. 96-1548, eff. 1-1-12.) (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 offense and shall be fined not more than $1,000 for each offense.
(Source: P.A. 96-1548, eff. 1-1-12.) (405 ILCS 22/50)Sec. 50. Home rule.  The authority or duty to establish or prohibit the establishment of Expanded Mental Health Services Programs in any municipality with more than 1,000,000 inhabitants, including home rule units, and the determination of the terms of such Programs are declared to be exclusive powers and functions of the State which may not be exercised concurrently by any such municipality. No municipality with more than 1,000,000 inhabitants, including home rule units, shall establish or maintain an Expanded Mental Health Services Program other than as provided in this Act, and any such municipality shall affirmatively establish and maintain an Expanded Mental Health Services Program when required to do so pursuant to this Act. This Section is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(Source: P.A. 96-1548, eff. 1-1-12.)
(405 ILCS 25/1) (from Ch. 91 1/2, par. 601)Sec. 1. 
		
		Short title.)  This Act shall be known and may
be cited as the "Specialized Living Centers Act".
		(Source: P.A. 79-970.) (405 ILCS 25/2) (from Ch. 91 1/2, par. 602)Sec. 2. 
		Definitions. 
		As used in this Act, unless
the context otherwise requires, the terms specified in the following
Sections preceding Section 3 have the meanings
ascribed to them
in those Sections.
		(Source: P.A. 87-866.) (405 ILCS 25/2.01) (from Ch. 91 1/2, par. 602.01)Sec. 2.01. 
		
		"Board" means the Capital Development Board of the State of
Illinois created by the "Capital Development Board Act", approved July 10, 1972, as
such Act may be now or hereafter amended.
		(Source: P.A. 79-970.) (405 ILCS 25/2.02) (from Ch. 91 1/2, par. 602.02)Sec. 2.02. 
		
		"Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)Sec. 2.03. 
"Person with a developmental disability" means a person with a "developmental disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.
(Source: P.A. 102-972, eff. 1-1-23.) (405 ILCS 25/2.04) (from Ch. 91 1/2, par. 602.04)Sec. 2.04. 
		
		"Specialized living centers" means, for the purpose of
this Act, an Intermediate Care Facility specializing in living
arrangements for the person with a developmental disability providing a
means by which they can reach their highest level of independent living.
		(Source: P.A. 88-380.) (405 ILCS 25/2.05) (from Ch. 91 1/2, par. 602.05)Sec. 2.05. 
		
		"Sponsoring authority" means any public
entity except the State of Illinois or any Community Mental
Health Board, and such term includes any not for profit private mental
health agency, organization or association.
		(Source: P.A. 79-970.) (405 ILCS 25/2.06) (from Ch. 91 1/2, par. 602.06)Sec. 2.06. 
		
		"Durable, moveable equipment" means for the purposes of
this Act all items of initial equipment, other than built-in equipment,
which are necessary and appropriate for the functioning of a particular
facility.  Such equipment shall have an extended, useful life; not be consumed
in use; and have an identity and function which will not be lost through
incorporation into a more complex unit.
		(Source: P.A. 79-1477.) (405 ILCS 25/2.07) (from Ch. 91 1/2, par. 602.07)Sec. 2.07. 
		
		"Takeover entity" means any
agency, organization or association, public or private, for profit or
not-for-profit, qualified under the Department's rules and regulations to
operate a facility for providing care or service to persons with
developmental disabilities or mental illness and that agrees to provide that
care or service.
		(Source: P.A. 87-866.) (405 ILCS 25/3) (from Ch. 91 1/2, par. 603)Sec. 3. 
		Department's powers and duties. 
		The Secretary
of the Department has the powers and shall perform the functions and duties
specified in Sections 3.01 through 3.07 of this Act.
		(Source: P.A. 89-507, eff. 7-1-97.) (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 not less than 50 nor more than 100 persons with a developmental
disability.
		(Source: P.A. 88-380.) (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 completed by
the Department within 90 days of the receipt of any such request.
		(Source: P.A. 79-970.) (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 and distribution
throughout the State, and select proposals representing,
as nearly as practicable, all geographic regions of the State.
If from the same geographic region of the State proposals are submitted
by more than one sponsoring authority, in making its selection
the Department shall consider: (i) the sponsoring authority
which is located in the community with the largest number of
persons with a developmental disability who would be eligible
for the services rendered in these facilities, (ii) the access to
and availability of social services to each sponsoring authority, (iii) the
access to and availability of public transportation to each sponsoring
authority.  Upon selection of site proposals the Department shall
forward its selections to the Capital Development Board for the
consideration and review of such Board.
		(Source: P.A. 88-380.) (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 adopted and shall apply to all administrative rules
and procedures of the Department under this Act, except that in case of
conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5-35 of the
Illinois Administrative Procedure Act relating to procedures for rule-making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
		(Source: P.A. 88-45.) (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 character of the individuals holding office
in forming, representing or being affiliated with a sponsoring authority.
		(Source: P.A. 79-970.) (405 ILCS 25/4) (from Ch. 91 1/2, par. 604)Sec. 4. 
		
		Capital Development Board, powers and duties.)
The Capital Development Board shall have the rights and exercise the
powers and duties specified in Sections 4.01 through 4.04 of this Act.
		(Source: P.A. 83-884.) (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 living centers.
		(Source: P.A. 79-970.) (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 centers.  The Capital Development Board shall be
the final authority in the selection of such sites.
		(Source: P.A. 79-970.) (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 may be now or hereafter amended.
		(Source: P.A. 79-970.) (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 25/5) (from Ch. 91 1/2, par. 605)Sec. 5. 
		
		Sponsoring authorities, rights and duties.)
A sponsoring authority has the rights and shall exercise the powers
and functions specified in Sections 5.01 through 5.03 of this Act.
		(Source: P.A. 79-970.) (405 ILCS 25/5.01) (from Ch. 91 1/2, par. 605.01)Sec. 5.01. 
		
		Any sponsoring authority may request specifications
from the Department for the establishment of specialized living centers.
Upon receipt of such specifications from the Department a sponsoring
authority may develop a detailed proposal for the establishment of a
specialized living center for the person with a developmental disability.  Such
detailed proposal shall include the selection of a specific site
for the location of a specialized living center and shall take into account
and shall be based upon the specifications developed by the Department.
A sponsoring authority shall have 90 days after receipt of specifications
from the Department to develop a detailed proposal.  After the
expiration of such 90 day period the Department may, at
its option, refuse to accept the submission of such proposal.
		(Source: P.A. 88-380.) (405 ILCS 25/5.02) (from Ch. 91 1/2, par. 605.02)Sec. 5.02. 
		
		A sponsoring authority may upon acceptance
of its proposal for the establishment of a specialized living
center and the construction of such facilities as may be
required, receive such legal title to such land and buildings and such interest
in moveable, durable equipment
as are prescribed in Sections 6 and 7 of this Act.  Upon the
transfer of legal title and durable, moveable equipment to the sponsoring
authority, such authority
shall be subject to the rules and regulations adopted by the Department
for the conduct, maintenance and operation of the specialized living center.
		(Source: P.A. 79-1477.) (405 ILCS 25/5.03) (from Ch. 91 1/2, par. 605.03)Sec. 5.03. 
		(Repealed). 
		(Source: Repealed by P.A. 88-330.) (405 ILCS 25/6) (from Ch. 91 1/2, par. 606)Sec. 6. 
		Conveyance of title to or leasing of lands and buildings. 
		Upon the
completion of construction of all buildings and facilities of a specialized
living center for persons with a developmental disability the Capital
Development Board may convey to the sponsoring authority for nominal
consideration a fee simple interest.
		(Source: P.A. 87-866; 88-330; 88-380; 88-670, eff. 12-2-94.) (405 ILCS 25/7) (from Ch. 91 1/2, par. 607)Sec. 7. 
		Lease of durable, moveable equipment. 
		Upon conveyance of legal
title to the sponsoring authority, the Capital Development Board may lease
to the sponsoring authority for nominal consideration the initial durable,
moveable equipment required for the operation of the Specialized Living
Center in accordance with rules and regulations of the Department.  The
lease shall contain at minimum the covenants binding the sponsoring authority
to maintain and repair the equipment and to maintain a perpetual inventory
of the equipment.  The interest in such equipment transferred under this
Act to a sponsoring authority shall terminate upon the happening of any
condition causing legal title to the land and building to revert to the
Capital Development Board.
		(Source: P.A. 79-1477.)
(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)Sec. 1. Purpose. It is declared to be the policy and intent of the Illinois
General Assembly that the Department of Human Services assume leadership in
facilitating the establishment of
comprehensive
and coordinated arrays of private and public services for persons with mental
illness, persons with a developmental disability, and alcohol and drug
dependent citizens residing in communities throughout the state.   The
Department shall work
in partnership with local government entities, direct service providers,
voluntary
associations and communities to create a system that is sensitive to the needs
of local communities and which complements existing family and other natural
supports, social institutions and programs.The goals of the service system shall include but not be limited to the
following: to strengthen the independence, self-esteem,
and ability of the individual with a disability to participate in and contribute to community life; to insure
continuity of care for clients; to enable persons with disabilities to access needed
services, commensurate with their individual wishes and needs, regardless
of where they reside in the state; to prevent unnecessary institutionalization
and the dislocation of individuals from their home communities; to provide
a range of services so that persons can receive these services in settings
which do not unnecessarily restrict their liberty; and to encourage clients
to move among settings as their needs change.The system shall include provision of services in the areas of prevention,
client assessment and diagnosis, case coordination, crisis and emergency
care, treatment and habilitation and support services, and community
residential alternatives to institutional settings. The General Assembly
recognizes that community programs are an integral part of the larger service
system, which includes state-operated facilities for persons who cannot receive
appropriate services in the community.Towards achievement of these ends, the Department of Human Services, working
in coordination with other State agencies, shall assume responsibilities
pursuant to this Act, which includes activities in the areas of planning,
quality assurance, program evaluation, community education, and the provision
of financial and technical assistance to local provider agencies.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 30/2) (from Ch. 91 1/2, par. 902)Sec. 2. Community services system. Services should be planned,
developed, delivered and evaluated as part of a comprehensive and
coordinated system.  The Department of Human Services
shall encourage the establishment of services in each area of the State
which cover the services categories described below.  What specific
services are provided under each service category shall be based on local
needs; special attention shall be given to unserved and underserved
populations, including children and youth, racial and ethnic minorities,
and the elderly.  The service categories shall include:(a) Prevention: services designed primarily to reduce     the incidence and ameliorate the severity of developmental disabilities, mental illness, and substance use disorders as defined in the Substance Use Disorder Act;(b) Client Assessment and Diagnosis: services     designed to identify persons with developmental disabilities, mental illness, and substance use disorders; to determine the extent of the disability and the level of functioning; to ensure that the individual's need for treatment of mental disorders or substance use disorders or co-occurring substance use and mental health disorders is determined using a uniform screening, assessment, and evaluation process inclusive of criteria; for purposes of this subsection (b), a uniform screening, assessment, and evaluation process refers to a process that includes an appropriate evaluation and, as warranted, a referral; "uniform" does not mean the use of a singular instrument, tool, or process that all must utilize; information obtained through client evaluation can be used in individual treatment and habilitation plans; to assure appropriate placement and to assist in program evaluation;(c) Case Coordination: services to provide     information and assistance to persons with disabilities to ensure that they obtain needed services provided by the private and public sectors; case coordination services should be available to individuals whose functioning level or history of institutional recidivism or long-term care indicate that such assistance is required for successful community living;(d) Crisis and Emergency: services to assist     individuals and their families through crisis periods, to stabilize individuals under stress and to prevent unnecessary institutionalization;(e) Treatment, Habilitation and Support: services     designed to help individuals develop skills which promote independence and improved levels of social and vocational functioning and personal growth; and to provide non-treatment support services which are necessary for successful community living;(f) Community Residential Alternatives to     Institutional Settings: services to provide living arrangements for persons unable to live independently; the level of supervision, services provided and length of stay at community residential alternatives will vary by the type of program and the needs and functioning level of the residents; other services may be provided in a community residential alternative which promote the acquisition of independent living skills and integration with the community.(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.) (405 ILCS 30/3) (from Ch. 91 1/2, par. 903)Sec. 3. Responsibilities for community services. Pursuant
to this Act, the Department of Human Services
shall facilitate the
establishment of a comprehensive and coordinated array of community services
based upon a federal, State and local partnership.  In order to assist in
implementation of this Act, the Department shall prescribe and publish rules
and
regulations.  The Department may request the assistance of other
State agencies, local
government entities, direct services providers, trade associations, and others in the development of
these regulations or other policies related to community services.The Department shall assume the following roles and responsibilities for
community services:(a) Service Priorities.  Within the service     categories described in Section 2 of this Act, establish and publish priorities for community services to be rendered, and priority populations to receive these services.(b) Planning.  By January 1, 1994 and by January 1 of     each third year thereafter, prepare and publish a Plan which describes goals and objectives for community services state-wide and for regions and subregions needs assessment, steps and time-tables for implementation of the goals also shall be included; programmatic goals and objectives for community services shall cover the service categories defined in Section 2 of this Act; the Department shall insure local participation in the planning process.(c) Public Information and Education.  Develop     programs aimed at improving the relationship between communities and their residents with disabilities; prepare and disseminate public information and educational materials on the prevention of developmental disabilities, mental illness, and substance use disorders, and on available treatment and habilitation services for persons with these disabilities.(d) Quality Assurance.  Promulgate minimum program     standards, rules and regulations to insure that Department funded services maintain acceptable quality and assure enforcement of these standards through regular monitoring of services and through program evaluation; this applies except where this responsibility is explicitly given by law to another State agency.(d-5) Accreditation requirements for providers of     mental health and substance abuse treatment services. Except when the federal or State statutes authorizing a program, or the federal regulations implementing a program, are to the contrary, accreditation shall be accepted by the Department in lieu of the Department's facility or program certification or licensure onsite review requirements and shall be accepted as a substitute for the Department's administrative and program monitoring requirements, except as required by subsection (d-10), in the case of:(1) Any organization from which the Department         purchases mental health or substance abuse services and that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (Joint Commission on Accreditation of Healthcare Organizations (JCAHO)); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (Council on Accreditation for Children and Family Services (COA)); or the Standards Manual for Organizations Serving People with Disabilities (the Rehabilitation Accreditation Commission (CARF)).(2) Any mental health facility or program         licensed or certified by the Department, or any substance abuse service licensed by the Department, that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (JCAHO); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (COA); or the Standards Manual for Organizations Serving People with Disabilities (CARF).(3) Any network of providers from which the         Department purchases mental health or substance abuse services and that is accredited under any of the following: the Comprehensive Accreditation Manual for Behavioral Health Care (JCAHO); the Comprehensive Accreditation Manual for Hospitals (JCAHO); the Standards Manual for the Council on Accreditation for Children and Family Services (COA); the Standards Manual for Organizations Serving People with Disabilities (CARF); or the National Committee for Quality Assurance. A provider organization that is part of an accredited network shall be afforded the same rights under this subsection.(d-10) For mental health and substance abuse     services, the Department may develop standards or promulgate rules that establish additional standards for monitoring and licensing accredited programs, services, and facilities that the Department has determined are not covered by the accreditation standards and processes. These additional standards for monitoring and licensing accredited programs, services, and facilities and the associated monitoring must not duplicate the standards and processes already covered by the accrediting bodies.(d-15) The Department shall be given proof of     compliance with fire and health safety standards, which must be submitted as required by rule.(d-20) The Department, by accepting the survey or     inspection of an accrediting organization, does not forfeit its rights to perform inspections at any time, including contract monitoring to ensure that services are provided in accordance with the contract. The Department reserves the right to monitor a provider of mental health and substance abuse treatment services when the survey or inspection of an accrediting organization has established any deficiency in the accreditation standards and processes.(d-25) On and after the effective date of this     amendatory Act of the 92nd General Assembly, the accreditation requirements of this Section apply to contracted organizations that are already accredited.(e) Program Evaluation.  Develop a system for     conducting evaluation of the effectiveness of community services, according to preestablished performance standards; evaluate the extent to which performance according to established standards aids in achieving the goals of this Act; evaluation data also shall be used for quality assurance purposes as well as for planning activities.(f) Research.  Conduct research in order to increase     understanding of mental illness, developmental disabilities, and substance use disorders.(g) Technical Assistance. Provide technical     assistance to provider agencies receiving funds or serving clients in order to assist these agencies in providing appropriate, quality services; also provide assistance and guidance to other State agencies and local governmental bodies serving persons with disabilities in order to strengthen their efforts to provide appropriate community services; and assist provider agencies in accessing other available funding, including federal, State, local, third-party and private resources.(h) Placement Process. Promote the appropriate     placement of clients in community services through the development and implementation of client assessment and diagnostic instruments to assist in identifying the individual's service needs; client assessment instruments also can be utilized for purposes of program evaluation; whenever possible, assure that placements in State-operated facilities are referrals from community agencies.(i) Interagency Coordination. Assume leadership in     promoting cooperation among State health and human service agencies to insure that a comprehensive, coordinated community services system is in place; to insure persons with a disability  access to needed services; and to insure continuity of care and allow clients to move among service settings as their needs change; also work with other agencies to establish effective prevention programs.(j) Financial Assistance. Provide financial     assistance to local provider agencies through purchase-of-care contracts and grants, pursuant to Section 4 of this Act.(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19.) (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 Government, and the Community" was provided for members of the General Assembly.  The report, which was developed by a steering committee of community providers, trade associations, and designated representatives from the Departments of Children and Family Services, Healthcare and Family Services, Human Services, and Public Health, issued a series of recommendations, including recommended changes to Administrative Rules and Illinois statutes, on the categories of deemed status for accreditation, fiscal audits, centralized repository of information, Medicaid, technology, contracting, and streamlined monitoring procedures.  It is the intent of the 97th General Assembly to pursue implementation of those recommendations that have been determined to require Acts of the General Assembly.(b) For provider organizations established under this Act, the Office of the State Fire Marshal shall provide the necessary fire inspection to comply with this Act. The Office of the State Fire Marshal may enter into an agreement with another State agency to conduct this inspection if qualified personnel are employed by that agency. Code enforcement inspection of the facility by the local authority shall only occur if the local authority  having jurisdiction enforces code requirements that are more stringent than those enforced by the State Fire Marshal. Nothing in this Section shall prohibit a local fire authority from conducting fire incident planning activities.
(Source: P.A. 97-321, eff. 8-12-11.) (405 ILCS 30/4) (from Ch. 91 1/2, par. 904)Sec. 4. Financing for community services.(a) The Department of Human Services
is authorized to
provide financial reimbursement to eligible private service providers,
corporations, local government entities or voluntary associations for the
provision of services to persons with mental illness, persons with a
developmental disability, and persons with substance use disorders who are living in the
community for the purpose of achieving the goals of this Act.The Department shall utilize the following funding mechanisms for community
services:(1) Purchase of Care Contracts: services purchased on     a predetermined fee per unit of service basis from private providers or governmental entities. Fee per service rates are set by an established formula which covers some portion of personnel, supplies, and other allowable costs, and which makes some allowance for geographic variations in costs as well as for additional program components.(2) Grants: sums of money which the Department grants     to private providers or governmental entities pursuant to the grant recipient's agreement to provide certain services, as defined by departmental grant guidelines, to an approximate number of service recipients. Grant levels are set through consideration of personnel, supply and other allowable costs, as well as other funds available to the program.(3) Other Funding Arrangements: funding mechanisms     may be established on a pilot basis in order to examine the feasibility of alternative financing arrangements for the provision of community services.The Department shall establish and maintain an equitable system of
payment
which allows providers to improve persons with disabilities'

capabilities for
independence and reduces their reliance on State-operated
services.For services classified as entitlement services under federal law or guidelines, caps may not be placed on the total amount of payment a provider may receive in a fiscal year and the Department shall not require that a portion of the payments due be made in a subsequent fiscal year based on a yearly payment cap.(b) (Blank).(c) (Blank).(d) (Blank).(e) The funding methodologies must reflect economic factors inherent in providing services and supports, recognize individual  disability needs, and consider geographic differences, transportation costs, required staffing ratios, and mandates not currently funded.(f) In accepting Department funds, providers shall recognize
their responsibility to be
accountable to the Department and the State for the delivery of services
which are consistent
with the philosophies and goals of this Act and the rules and regulations
promulgated under it.
(Source: P.A. 102-1071, eff. 6-10-22.) (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 a substitute caregiver on a short-term basis to provide temporary relief to
the usual caregiver maintaining a person with a developmental disability in his
home.  Respite services shall be classified as substitute care provided on any
of the following bases:(1) hourly or daily, which may include overnight, in     the home of a person with a developmental disability;(2) daily, which shall include overnight, in a     community residential setting which is licensed, certified, approved or otherwise sanctioned by the Department or another State agency; or(3) hourly, which shall not include overnight, in a     community provider location.(b) A person is eligible for respite services if he or she is a person with
a developmental disability and lives in a natural or foster family home with
natural or foster family members whose care and supervision are essential to
his or her well-being.(c) In allocating funds to community providers for respite services, the
Department shall give preference to programs which serve special population
groups and targeted geographic areas, as determined by the Department.  In
determining special population groups, the Department shall consider the
adequacy of current service programs in meeting the unique needs of
minority groups and persons with certain types of disabilities.  In determining
targeted geographic areas, the Department shall consider an area's current
funding and service levels and demographic indicators of need, such as the
total population, the population in poverty and the infant mortality rate.The Department's provision of funds to community providers shall be
subject to available appropriations.(d) Community providers may fund respite services through monies
provided by the Department, local units of government, fees and other
revenue sources.  Any fees charged by a community provider shall be in
accordance with a sliding fee scale established by the community provider
pursuant to guidelines developed by the Department.  The Department's
guidelines shall include, but are not limited to, the following criteria:(1) fees may be charged only to responsible     relatives, as defined in Section 1-124 of the Mental Health and Developmental Disabilities Code;(2) no parent or guardian may be charged a fee for     respite services provided to his or her child less than 18 years of age or 18 through 21 years of age who is receiving services under the Education for All Handicapped Children Act of 1975 (Public Law 94-142);(3) no fee may exceed the provider's cost for the     service;(4) no fee shall be charged which constitutes a     hardship for the respite service recipient's family or which impedes receiving needed respite services;(5) fee scales shall incorporate consideration of the     income and size of the respite service recipient's family and any unusual expenses of the family, including those relating to the medical or disabling condition of the recipient.(e) If a community provider has insufficient funds to provide respite
services to all eligible persons, it shall give preference to those
eligible persons in greatest need as defined by the Department.  In
defining need, the Department may consider the capacity of the person's
family to provide care and the person's need for special services or
programs based on such factors as functional level, medical and physical
impairments and maladaptive behavior.
		(Source: P.A. 88-380; 89-507, eff. 7-1-97.) (405 ILCS 30/4.2) (from Ch. 91 1/2, par. 904.2)Sec. 4.2. 
		(Repealed). 
		(Source: P.A. 89-507, eff. 7-1-97.  Repealed by P.A. 92-111, eff. 1-1-02.) (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
subsection (d).(b) The Department of Human Services shall establish a Family Support
Services Voucher Pilot Program which shall be a conversion of the program
defined in Section 4.1.  The Department may establish no more than 5 pilot
programs.(c) The purpose of the pilot program is to do the following:(1) Increase the number of families who are able to     access family support services.(2) Provide families with greater control over family     support services.(3) Ensure that the diverse family support services     needs of families can be accommodated.(4) Encourage a family's contribution toward payment     for the family support services they receive.(5) Serve as a pilot program to evaluate the merits     of a family support services voucher program in comparison to the traditional respite program.(d) The Department shall contract with community agencies to issue vouchers
to
participating families, or to employ a voucher-like method that similarly makes
services available based on the choice of families.
A family may use the vouchers to purchase the
following services and activities or to otherwise provide for those services
and activities:(1) Services of an in-home caregiver to supervise the     family member with a developmental disability in the home or in the community or both when other family members are not present.(2) Services of a person to accompany the family     member with a developmental disability on outings, community activities, and similar activities.(3) Registration of the family member with a     developmental disability in park district programs, extracurricular school activities, community college classes, and other similar types of community-based programs.(4) Services of home health care personnel if medical     training or expertise is required to meet the needs of the family member with a developmental disability.(e) Families may employ the following types of individuals to provide family
support services:(1) Related family members who do not reside in the     same home as the family member with a developmental disability.(2) Friends or neighbors whom the family designates     as capable of meeting the needs of the family member with a developmental disability.(3) Individuals recruited from the community (for     example, church members or college students).(4) Individuals who work with the family member with     a developmental disability in a different capacity (for example, classroom aide or day program staff).(5) Persons whose services are contracted for through     a home health agency licensed under the Home Health, Home Services, and Home Nursing Agency Licensing Act.(f) Family support services moneys under the pilot program may not be used
to
purchase or provide for any of the following
services or activities:(1) Out-of-home medical services.(2) Medical, therapeutic, or developmental     evaluations.(3) Any product or item (for example, sports     equipment, therapeutic devices, or clothing).(4) Family support services provided by a family     member whose primary residence is the same as that of the family member with a developmental disability.(5) Services of a person to accompany the family on     an overnight trip.(6) Any service or activity that should be provided     by the school in which the family member with a developmental disability is enrolled or that occurs as part of that school's typical school routine.(7) Child care services while the primary caretaker     works.(g) The Department of Human Services shall submit a report to the General
Assembly by March 1, 2000 evaluating the merits
of the pilot program.
					(Source: P.A. 94-379, eff. 1-1-06.) (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 institutionalization of a person with a disability who could live in the community with proper support, and wishes to do so, is unlawful discrimination in violation of the Americans with Disabilities Act (ADA). The State of Illinois, along with all other states, is required to provide appropriate residential and community-based support services to persons with disabilities who wish to live in a less restrictive setting.(2) It is the purpose of this Section to help fulfill     the State's obligations under the Olmstead decision by maximizing the level of funds for both developmental disability and mental health services and supports in order to maintain and create an array of residential and supportive services for people with mental health needs and developmental disabilities whenever they are transferred into another facility or a community-based setting.(b) In this Section:"Office of Developmental Disabilities" means the Office of Developmental
Disabilities within the Department of Human Services."Office of Mental Health" means the Office of Mental Health within the
Department of Human Services.(c) On and after the effective date of this amendatory Act of the 94th
General Assembly, every appropriation of State moneys relating to funding for
the Office of Developmental Disabilities or the Office of Mental Health must
comply with this Section.(d) Whenever any appropriation, or any portion of an appropriation, for any
fiscal year relating to the funding of any State-operated facility operated by
the Office of Developmental Disabilities or any mental health facility operated
by the Office of Mental Health is reduced because of any of the reasons set
forth in the following items (1) through (3), to the extent that savings are
realized from these items, those moneys must be directed toward providing
other services and supports for persons with developmental disabilities or
mental health needs:(1) The closing of any such State-operated facility     for persons with developmental disabilities or mental health facility.(2) Reduction in the number of units or available     beds in any such State-operated facility for persons with developmental disabilities or mental health facility.(3) Reduction in the number of staff employed in any     such State-operated facility for persons with developmental disabilities or mental health facility.In determining whether any savings are realized from items (1) through
(3),
sufficient moneys shall be made available to ensure that there is an
appropriate level of
staffing and that life, safety, and care concerns are addressed so as to
provide for the
remaining persons with developmental disabilities or mental illness at any
facility in the
case of item (2) or (3) or, in the case of item (1), such remaining persons at
the
remaining State-operated facilities that will be expected to handle the
individuals
previously served at the closed facility.(e) The purposes of redirecting this funding shall include, but not be
limited to, providing the following services and supports for individuals with
developmental disabilities and mental health needs:(1) Residence in the most integrated setting     possible, whether independent living in a private residence, a Community Integrated Living Arrangement (CILA), a supported residential program, an Intermediate Care Facility for persons with Developmental Disabilities (ICFDD), a supervised residential program, or supportive housing, as appropriate.(2) Residence in another State-operated facility.(3) Rehabilitation and support services, including     assertive community treatment, case management, supportive and supervised day treatment, and psychosocial rehabilitation.(4) Vocational or developmental training, as     appropriate, that contributes to the person's independence and employment potential.(5) Employment or supported employment, as     appropriate, free from discrimination pursuant to the Constitution and laws of this State.(6) In-home family supports, such as respite services     and client and family supports.(7) Periodic reevaluation, as needed.(f) An appropriation may not circumvent the purposes of this Section by
transferring moneys within the funding system for services and supports for persons with developmental disabilities and the mentally ill and then compensating for this
transfer by redirecting other moneys away from these services to provide
funding for some other governmental purpose or to relieve other State funding
expenditures.


(Source: P.A. 99-143, eff. 7-27-15.) (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 Department of Human Services or (ii) a mental health facility
operated by the
Office of Mental Health within the Department of Human Services is reduced
because of
any of the reasons set forth in items (1) through (3) of subsection (d) of
Section 4.4, the
plan for using any savings realized from those items (1) through (3) shall be
shared and
discussed with advocates, advocacy organizations, and advisory groups whose
mission
includes advocacy for persons with developmental disabilities or persons with
mental
illness.
				
(Source: P.A. 94-498, eff. 8-8-05.) (405 ILCS 30/4.6)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 which the facility is located is sold by the State, then, to the extent that net proceeds are realized from the sale of that real estate, those net proceeds must be used for mental health services or to support mental health services. To that end, those net proceeds shall be deposited into the Community Mental Health Medicaid Trust Fund. The net proceeds from the sale of a State mental health facility may be spent over a number of fiscal years and are not required to be spent in the same fiscal year in which they are deposited.(b) Whenever a State developmental disabilities facility operated by the Department of Human Services is closed and the real estate on which the facility is located is sold by the State, then, to the extent that net proceeds are realized from the sale of that real estate, those net proceeds must be directed toward providing
other services and supports for persons with developmental disabilities needs. To that end, those  net proceeds shall be deposited into the Community Developmental Disability Services Medicaid Trust Fund. The net proceeds from the sale of a State developmental disabilities facility may be spent over a number of fiscal years and are not required to be spent in the same fiscal year in which they are deposited.(c) The sale of a State mental health or developmental disabilities facility shall be done in accordance with applicable State laws and, if a State mental health or developmental disabilities facility to be sold has been financed or refinanced with tax-exempt bonds, applicable federal laws. In determining whether any net proceeds are realized from a sale of real estate described in subsection (a) or (b), the Division of Developmental Disabilities and the Division of Mental Health of the Department of Human Services shall each first determine the money, if any, that shall be made available for infrastructure not to exceed 25% of the proceeds of the sale of the real estate to ensure that life, safety, and care concerns are addressed so as to provide for persons with developmental disabilities or mental illness at the remaining respective State-operated facilities. That amount shall be excluded from the calculation of net proceeds by the Division of Developmental Disabilities or the Division of Mental Health, or both, of the Department of Human Services.  Amounts determined by the Department for infrastructure to be necessary to ensure that life, safety, and care concerns are addressed shall be deposited, respectively, into the Community Mental Health Medicaid Trust Fund or the Community Developmental Disability Services Medicaid Trust Fund.(c-1) To the extent that a State mental health facility which has been closed served a geographical area, at minimum, 40% of the resulting net proceeds of its sale shall be made exclusively in the facility's geographical area.  If any other State-operated mental health facility which served a specific geographic area was closed within one year before or after the closure of the facility whose sale has resulted in net proceeds under this Section, 20% of the proceeds shall be used to provide services in the geographic area of this facility.  The remainder of the net proceeds may be spent anywhere in the State.  All net proceeds may be used for the following mental health services and supports, to include, but not limited to:(1) Permanent Supportive housing.(2) Technology that enables behavioral health     providers to participate in health information exchanges.(3) Assertive Community Treatment and Community     Support Team.(4) Transitional living apartments.(5) Crisis residential services targeted at diverting     persons with mental illnesses from emergency departments (including peer run crisis services).(6) Psychiatric services.(7) Community mental health services targeted at     diverting persons with mental illness from the criminal justice system.(8) Individual Placement and Support and other     services to support employment.(9) Alcohol and substance abuse treatment.(d) The purposes for which the net proceeds from a sale of real estate as provided in subsection (b) of this Section may be used include, but are not limited to, the following:(1) Providing individuals with developmental     disabilities community-based Medicaid services and supports such as residential habilitation, day programs, supported employment, home-based supports, therapies, adaptive equipment, and home modifications.(2) Assisting individuals with developmental     disabilities through case management, service coordination, and assessments.(3) Strengthening the service delivery system through     crisis intervention services.(4) Enhancing the service delivery system through     infrastructure improvements, including technology improvements.(e) Whenever any net proceeds are realized from a sale of real estate as provided in this Section, the Department of Human Services shall share and discuss its plan or plans for using those net proceeds with advocates, advocacy organizations, and advisory groups whose
mission
includes advocacy for persons with developmental disabilities or persons with
mental
illness.(f)  Consistent with the provisions of Sections 4.4 and 4.5 of this Act, whenever a State mental health facility operated by the Department of Human Services is closed, the Department of Human Services, at the direction of the Governor, shall transfer funds from the closed facility to the appropriate line item providing appropriation authority for the new venue of care to facilitate the transition of services to the new venue of care, provided that the new venue of care is a Department of Human Services funded provider or facility.(g)  As used in this Section, the term "mental health facility" has the meaning ascribed to that term in the Mental Health and Developmental Disabilities Code. (Source: P.A. 98-403, eff. 1-1-14; 98-815, eff. 8-1-14.) (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 care in an amount equal to or greater than 10% of the facility's prior highest population during the preceding 12-month period, the Department of Human Services shall file a report with the General Assembly specifying the:(1)   Total change in resident population for the     facility.(2) Anticipated new venues for care by venue     category, in the aggregate, for the individuals no longer receiving care in the facility.(3) Estimated corresponding changes in appropriation     level necessary for the facility reducing population as well as additional appropriation authority required for other facilities or community care alternatives which are expected to experience an increase in the number of individuals served.The report required under this Section shall be given to the General Assembly within 30 days of when a decision by the Secretary of the Department of Human Services is made to decrease the population of a facility by 10% or more, or in cases where population changes are due to unplanned caseload changes, within 30 days of the actual change in population by 10% or more.Notwithstanding any provision of the law to the contrary, including, but not limited to, Section 13.2 of the State Finance Act, based on information contained in the reports required under this Section, the Department, at the direction of the Governor, shall transfer funds from the facility realizing a reduction in the number of individuals served to the appropriate line item providing appropriation authority for the new venues of care,  as necessary to carry out the objectives of the Governor's long-term care rebalancing efforts or to otherwise facilitate the transition of services to the new venues of care, provided that the new venue of care is a Department of Human Services funded provider or facility. 
(Source: P.A. 97-626, eff. 11-9-11; 97-793, eff. 7-13-12.) (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 community services under this Act in Sangamon County through participation in that pilot program.
(Source: P.A. 96-691, eff. 8-25-09; 96-1000, eff. 7-2-10.) (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) For purposes of this Section:"Community Medicaid mental health services" means all mental health services outlined in Section 132 of Title 59 of the Illinois Administrative Code that are funded through the Department of Human Services, eligible for federal financial participation, and provided by a community-based provider."Community-based provider" means an entity enrolled as a provider pursuant to Sections 140.11 and 140.12 of Title 89 of the Illinois Administrative Code and certified to provide community Medicaid mental health services in accordance with Section 132 of Title 59 of the Illinois Administrative Code. 
(Source: P.A. 96-1405, eff. 7-29-10.) (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 30/6)Sec. 6. Geographic analysis of supports and services in community settings.(a) For purposes of this Section:"Direct support professionals"  means direct support workers, direct care workers, personal assistants, personal attendants, and paraprofessionals that provide assistance to individuals with developmental disabilities or mental illness in the form of daily living, and provide the habilitation, rehabilitation, and training needs of these individuals."Licensed professionals" means, but is not limited to, dentists, dental hygienists, dental assistants, advanced practice nurses, licensed practical nurses, registered nurses, psychiatrists, psychologists, and qualified mental health professionals."Supports and services" means direct support professionals, licensed professionals, and residential services, including, but not limited to, private residences, community-integrated living arrangements, supported residential programs, supervised residential programs, or supportive housing programs.(b) Long-term care rebalancing. Pursuant to Public Act 96-1501, the State of Illinois has established a long-term care rebalancing initiative.  This amendatory Act of the 97th General Assembly seeks to further the goals of that initiative by ensuring that individuals with developmental disabilities or mental illness who utilize long-term care services under the medical assistance program and other long-term care related benefit programs administered by the State have meaningful access to a reasonable array of community-based and institutional program options. Furthermore, the General Assembly declares that it is the policy of the State to ensure that the clinical, habilitative, and social needs of individuals with developmental disabilities or mental illness who choose to reside in integrated community-based settings can have those needs met in integrated community-based settings. In order to meaningfully comply with this policy, the General Assembly must have an understanding of the existing capacity in integrated-community based settings, including direct support professionals and licensed professionals, such as dentists, nurses, and psychiatrists, as well as residential capacity to provide for these needs.(c) By no later than July 1, 2012,  subject to appropriation, the Department shall conduct a geographic analysis of supports and services for individuals with developmental disabilities or mental illness.  The Department may work with other State agencies to perform the geographic analysis or to gather data for purposes of performing the geographic analysis. This analysis shall also identify gaps between required supports and services by region of the State.  The Department shall prepare a final report by no later than January 1, 2013 that shall be made available to the Governor and shall be presented by the Department to the appropriate standing committees in the Senate, as determined by and on a date determined by the President of the Senate, and the House of Representatives, as determined by and on a date determined by the Speaker of the House.  The final report shall be made available to the public and shall be published on the Department's website in an appropriate location a minimum of one week prior to presentation of the report to the General Assembly. 
(Source: P.A. 97-528, eff. 8-23-11.)
(405 ILCS 35/1) (from Ch. 91 1/2, par. 1101)Sec. 1. 
		Purpose. 
		The statewide development and implementation of local
community support systems to serve the chronically mentally ill with emphasis
on care and treatment of extended and/or repeated users of inpatient and/or
other intensive mental health services such as day treatment, emergency
and non-medical residential care shall be a priority for the Department of
Human Services, hereinafter referred to as the Department, in community program
funding.  In order to achieve this goal, the Department shall develop and
facilitate, in cooperation with community agencies serving the mentally
ill, the implementation of appropriate plans providing guidance for the
Department and community agencies
in planning, securing, funding, client assessment, service system evaluation,
technical assistance, and local level development of community support
systems.  In addition, the Department shall continue funding community support
system pilot projects established pursuant to Section 16.2 of the Mental Health
and
Developmental Disabilities Administrative Act for the duration of the
established pilot project period, and shall give priority for continuing
funding of such community support system program components of proven
effectiveness
at cessation of the pilot project period through the Department's regular
grant-in-aid and purchase care resources.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 35/2) (from Ch. 91 1/2, par. 1102)Sec. 2. 
		Department responsibilities.(a) The Secretary of Human Services shall designate
staff of the Department to coordinate the development of the Department's
community support system strategic plan.  In developing
the appropriate plans the responsibilities of the coordinator and any
additional required staff shall include:(1) the development of a statewide inventory of     community support system service components currently available, including those components funded or provided by other public and private agencies;(2) delineation of a comprehensive set of community     support services with adequate flexibility to accommodate the needs of disparate chronically mentally ill populations including the young chronically mentally ill client, and local conditions in the state, which shall serve as the basis of the development and enhancement of community support systems statewide;(3) the development of a statewide client assessment     system providing descriptive data appropriate for use in individual service planning, aggregate statistics descriptive of client population groups which can be utilized in the development of local community support systems, statistics for discrimination of varying client populations according to client characteristics and needs, and information for statewide planning;(4) a study of mechanisms currently employed in     funding community support system components, followed by the establishment of a Department policy specifying funding mechanisms appropriate for specific community support system program components;(5) the development of program standards to enhance     accountability and evaluation of community support systems on both a system-wide and component-by-component basis;(b) The coordinator and his staff shall provide technical assistance and
training to local community agencies involved in the development and provision
of community support systems;(c) The coordinator and his staff shall serve as the Department liaison
with other public and private agencies involved through funding or service
provision in the development and maintenance of community support systems;(d) The coordinator and his staff shall coordinate internal Department
efforts to develop community support systems.  Activities shall include consultation,
technical assistance, leadership in implementation of the strategic plan,
and administration of pilot projects as established in Section 3 of this Act.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 35/3) (from Ch. 91 1/2, par. 1103)Sec. 3. 
		Funding of special initiatives.(a) The Department may establish
special funding initiatives to accomplish a variety of objectives related
to the development of community support systems.  Any funds appropriated
by the General Assembly for any of these special initiatives shall be expended
only for the stated purpose.(1) The Department may fund innovative community     support system components on a pilot project basis.  Such funding shall be on a start-up basis, and shall include requirements for evaluation of program effectiveness. Continuation funding for program components developed in this way shall be based on demonstrated effectiveness.(2) The Department may fund selected pilot projects     to investigate key issues or problems encountered in development, planning and implementation of community support systems.  Such funding shall include monies for research and evaluation of pilot project components.(3) The Department may provide continuing research     and evaluation funding grants for community support systems established or enhanced through pilot projects funded pursuant to Section 16.2 of the Mental Health and Developmental Disabilities Administrative Act, or as provided herein, after the period of program component funding has elapsed.  The purpose of such funding shall be the assessment of long-term effects of community support systems on the needs of the chronically mentally ill, on service system development and responsiveness, and for continuing study of certain defined key issues.(b) (Blank).
		(Source: P.A. 89-507, eff. 7-1-97; 90-372, eff. 7-1-98.) (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 community support system services under this Act in Sangamon County through participation in that pilot program.
(Source: P.A. 96-691, eff. 8-25-09.) (405 ILCS 35/4) (from Ch. 91 1/2, par. 1104)Sec. 4. 
		(Repealed). 
		(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.) (405 ILCS 35/5) (from Ch. 91 1/2, par. 1105)Sec. 5. 
		
		This Act shall be known and may be cited as the Community Support Systems Act.
		(Source: P.A. 83-698.)
(405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)Sec. 0.01. Short title. This Act may be cited as the
Protection and Advocacy for Persons with Developmental Disabilities Act.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 40/1) (from Ch. 91 1/2, par. 1151)Sec. 1. 
The Governor may designate a private not-for-profit corporation as
the agency to administer a State plan to protect and advocate the rights of
persons with developmental disabilities pursuant to the requirements of the
federal Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C.
6001 to 6081, as now or hereafter amended. The designated
agency may pursue legal, administrative, and other appropriate remedies to
ensure the protection of the rights of such persons who are receiving
treatment, services or habilitation within this State. The agency
designated by the Governor shall be independent of any agency which
provides treatment, services, guardianship, or habilitation to persons with
developmental disabilities, and such agency shall not be administered by
the Governor's Planning Council on Developmental Disabilities or any
successor State Planning Council organized pursuant to federal law.The designated agency may receive and expend funds to protect and advocate
the rights of persons with developmental disabilities. In order to properly
exercise its powers and duties, such agency shall have access to developmental
disability facilities and mental health facilities, as defined under Sections
1-107 and 1-114 of the Mental Health and Developmental Disabilities Code, 
facilities as defined in Section 1-113 of the Nursing Home Care Act, Section 1-113 of the ID/DD Community Care Act, or Section 1-113 of the MC/DD Act, and community-integrated living arrangements as defined in Section 3 of the  Community-Integrated Living Arrangements Licensure and Certification Act. Such
access shall be granted for the purposes of meeting with residents and staff,
informing them of services available from the agency, distributing written
information about the agency and the rights of persons with developmental
disabilities, conducting scheduled and unscheduled visits, and performing other
activities designed to protect the rights of persons with developmental
disabilities. The agency also shall have access, for the purpose of inspection
and copying, to the records of a person with developmental disabilities who
resides in any such facility subject to the limitations of this Act, the Mental
Health and Developmental Disabilities Confidentiality Act, the Nursing Home
Care Act, the ID/DD Community Care Act, and the MC/DD Act. The agency also shall have access, for the purpose of inspection and
copying, to the records of a person with developmental disabilities who resides
in any such facility if (1) a complaint is received by the agency from or on
behalf of the person with a developmental disability, and (2) such person does
not have a legal guardian or the State or the designee of the State is the
legal guardian of such person. The designated agency shall provide written
notice to the person with developmental disabilities and the State guardian of
the nature of the complaint based upon which the designated agency has gained
access to the records. No record or the contents of any record shall be
redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. Any person who
in good faith complains to the designated agency on behalf of a person with
developmental disabilities, or provides information or participates in the
investigation of any such complaint shall have immunity from any liability,
civil, criminal or otherwise, and shall not be subject to any penalties,
sanctions, restrictions or retaliation as a consequence of making such
complaint, providing such information or participating in such investigation.Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with
developmental disabilities shall be removed from the records.
However, the designated agency may not inspect or copy any records or other
materials when the removal of personally identifiable information imposes
an unreasonable burden on mental health and developmental disabilities
facilities pursuant to the Mental Health and Developmental Disabilities
Code or facilities as defined in the Nursing Home Care Act, the ID/DD Community Care Act, or the MC/DD Act.The Governor shall not redesignate the agency to administer the State
plan to protect and advocate the rights of persons with developmental
disabilities unless there is good cause for the redesignation and unless
notice of the intent to make such redesignation is given to persons with
developmental disabilities or their representatives, the federal Secretary
of Health and Human Services, and the General Assembly at least 60 days
prior thereto.The designated agency shall submit to the Department of Human Services an annual report to be made available to
the public. The annual report shall include, but is not limited to:(1) how many visits were made by the designated     agency to developmental disability facilities in the year preceding the report;(2)  which community provider agencies or     State-operated developmental centers were visited in the year preceding the report; and(3)   the nature of each visit, such as meeting with     residents and staff of the developmental disability facility, distributing written information to the developmental disability facility, or whether the visit was  scheduled or unscheduled.As used in this Act, the term "developmental disability" means a severe,
chronic disability of a person which:(A) is attributable to a mental or physical     impairment or combination of mental and physical impairments;(B) is manifested before the person attains age 22;(C) is likely to continue indefinitely;(D) results in substantial functional limitations in     3 or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and(E) reflects the person's need for combination and     sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.(Source: P.A. 99-180, eff. 7-29-15; 100-694, eff. 1-1-19.)
(405 ILCS 45/0.01) (from Ch. 91 1/2, par. 1350)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Protection and Advocacy for Mentally Ill Persons Act.
		(Source: P.A. 86-1324.) (405 ILCS 45/1) (from Ch. 91 1/2, par. 1351)Sec. 1. 
		Purpose. 
		The Governor shall designate an agency to administer the
protection and advocacy system for mentally ill persons, pursuant to the
federal Protection and Advocacy of Mentally Ill Individuals Act of 1986.  The
agency shall be independent of any agency which provides disability-related
services (other than advocacy services), including treatment,
rehabilitation, guardianship or habilitation. The agency may receive and
expend funds to protect and advocate the rights of mentally ill persons.
		(Source: P.A. 85-623.) (405 ILCS 45/2) (from Ch. 91 1/2, par. 1352)Sec. 2. 
		Definitions. 
		For the purposes of this Act, the following terms
shall have the following meanings unless the context clearly requires otherwise:(1) "Mentally ill person" means an individual who has a significant mental
illness or emotional impairment as determined by a mental health professional
qualified under the laws and regulations of this State and who is receiving
care or treatment.(2) "Abuse" means any act or failure to act by an employee of a facility
rendering care or treatment, which act or failure was performed knowingly,
recklessly or with intentional disregard for the rights of a mentally ill
person, and which caused, or may have caused, injury to a mentally ill person,
and includes but is not limited to acts such as: (1) the rape or sexual
assault of a mentally
ill person; (2) the striking of a mentally ill person; (3) the use of
excessive force when placing a mentally ill person in bodily restraints;
and (4) the use of bodily or chemical restraints on a mentally ill person
which is not in compliance with federal and State laws and regulations.(3) "Neglect" means a negligent act or omission by any individual responsible
for providing services in a facility rendering care or treatment, which
caused or may have caused injury to a mentally ill person or which placed
a mentally ill person at risk of injury and includes an act or omission
such as failure to establish or carry out an appropriate individual program
plan or treatment plan for a mentally ill person; the failure to provide
adequate nutrition, clothing or health care to a mentally ill person; or
the failure to provide a safe environment for a mentally ill person.(4) "Authorized agency" or "agency" means the agency designated by the Governor
pursuant to Section 1 of this Act.
		(Source: P.A. 85-623.) (405 ILCS 45/3) (from Ch. 91 1/2, par. 1353)Sec. 3. Powers and duties.(A) In order to properly exercise its powers
and duties, the agency shall have the authority to:(1) Investigate incidents of abuse and neglect of     mentally ill persons if the incidents are reported to the agency or if there is probable cause to believe that the incidents occurred.  In case of conflict with provisions of the Abused and Neglected Child Reporting Act or the Nursing Home Care Act, the provisions of those Acts shall apply.(2) Pursue administrative, legal and other     appropriate remedies to ensure the protection of the rights of mentally ill persons who are receiving care and treatment in this State.(3) Pursue administrative, legal and other remedies     on behalf of an individual who:(a) was a mentally ill individual; and(b) is a resident of this State, but only with         respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care and treatment.(4) Establish a board which shall:(a) advise the protection and advocacy system on         policies and priorities to be carried out in protecting and advocating the rights of mentally ill individuals; and(b) include attorneys, mental health         professionals, individuals from the public who are knowledgeable about mental illness, a provider of mental health services, individuals who have received or are receiving mental health services and family members of such individuals.  At least one-half the members of the board shall be individuals who have received or are receiving mental health services or who are family members of such individuals.(5) On January 1, 1988, and on January 1 of each     succeeding year, prepare and transmit to the Secretary of the United States Department of Health and Human Services and to the Illinois Secretary of Human Services a report describing the activities, accomplishments and expenditures of the protection and advocacy system during the most recently completed fiscal year.(B) The agency shall have access to all mental health facilities as
defined in Sections 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, all facilities as defined in Section 1-113 of the
Nursing Home Care Act, all facilities as defined in Section 1-102 of the Specialized Mental Health Rehabilitation Act of 2013, all facilities as defined in Section 1-113 of the
ID/DD Community Care Act, all facilities as defined in Section 1-113 of the MC/DD Act, all facilities as defined in Section 2.06 of the Child
Care Act of 1969, as now or hereafter amended, and all other facilities
providing care or treatment to mentally ill persons.  Such access shall be
granted for the purposes of meeting with residents and staff, informing
them of services available from the agency, distributing written
information about the agency and the rights of persons who are mentally
ill, conducting scheduled and unscheduled visits, and performing other
activities designed to protect the rights of mentally ill persons.(C) The agency shall have access to all records of mentally ill
persons who are receiving care or treatment from a facility, subject to the
limitations of this Act, the Mental Health and Developmental Disabilities
Confidentiality Act, the Nursing Home Care Act and the Child Care Act of
1969, as now or hereafter amended.  If the mentally ill person has a legal
guardian other than the State or a designee of the State, the facility
director shall disclose the guardian's name, address and telephone number
to the agency upon its request.  In cases of conflict with provisions of
the Abused and Neglected Child Reporting Act and the Nursing Home Care Act,
the provisions of the Abused and Neglected Child Reporting Act and the
Nursing Home Care Act shall apply.  The agency shall also have access, for
the purpose of inspection and copying, to the records of a mentally ill
person (i) who by reason of his or her mental or physical condition is
unable to authorize the agency to have such access; (ii) who does not have
a legal guardian or for whom the State or a designee of the State is the
legal guardian; and (iii) with respect to whom a complaint has been
received by the agency or with respect to whom there is probable cause to
believe that such person has been subjected to abuse or neglect.The agency shall provide written notice
to the mentally ill person and the State guardian of the nature of the
complaint based upon which the agency has gained access to
the records.  No record or the contents of the record shall be redisclosed
by the agency unless the person who is mentally ill and the State guardian
are provided 7 days advance written notice, except in emergency situations,
of the agency's intent to redisclose such record.  Within such 7-day
period, the mentally ill person or the State guardian may seek an
injunction prohibiting the agency's redisclosure of such record on the
grounds that such redisclosure is contrary to the interests of the mentally
ill person.Upon request, the authorized agency shall be entitled to inspect and copy
any clinical or trust fund records of mentally ill persons which may further
the agency's investigation
of alleged problems affecting numbers of mentally ill persons.  When
required by law, any personally identifiable information of mentally ill
persons shall be removed from the records.  However, the agency may not
inspect or copy any records or other materials when the removal of
personally identifiable information imposes an unreasonable burden on any
facility as defined by the Mental Health and Developmental Disabilities
Code, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the Child Care Act of 1969, or any other
facility providing care or treatment to mentally ill persons.(D) Prior to instituting any legal action in a federal or State
court on behalf of a mentally ill individual, an eligible protection and
advocacy system, or a State agency or nonprofit
organization which entered into a contract with such an eligible system under
Section 104(a) of the federal Protection and Advocacy for Mentally Ill
Individuals Act of 1986, shall exhaust in a timely manner all
administrative remedies where appropriate.  If, in pursuing administrative
remedies, the system, State agency or organization determines that any
matter with respect to such individual will not be resolved within a
reasonable time, the system, State agency or organization may pursue
alternative remedies, including the initiation of appropriate legal action.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (405 ILCS 45/4) (from Ch. 91 1/2, par. 1354)Sec. 4. 
		Immunity. 
		Any person who in good faith complains to the agency
on behalf of a mentally ill person or a person with any other disability,
or who provides information or participates in the investigation of any
such complaint, shall have immunity from any liability, civil, criminal
or otherwise, and shall not be subject to any penalties, sanctions, restrictions
or retaliation as a consequence of making such complaint, providing such
information or participating in such investigation.
		(Source: P.A. 85-623.)
(405 ILCS 47/Art. 5 heading) 
Article 5.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 10 heading) 
Article 10.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 15 heading) 
Article 15.
(The Equitable Early Childhood Education and Care Act 

is compiled at 325 ILCS 75/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 20 heading) 
Article 20.
(The Data Governance and Organization to Support Equity and Racial Justice Act 

is compiled at 20 ILCS 65/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 25 heading) 
Article 25.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 35 heading) 
Article 35.
(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/35-1)Sec. 35-1. Short title. This Article may be cited as the Infant/Early Childhood Mental Health Consultations Act. References in this Article to "this Act" mean this Article.
(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/35-5)Sec. 35-5. Findings; policies.(a) The General Assembly finds the following:(1) Social and emotional development is a core     developmental domain in young children and is codified in the Illinois Early Learning Standards.(2) Fostering social and emotional development in     early childhood means both providing the supportive settings and interactions to maximize healthy social and emotional development for all children, as well as providing communities, programs, and providers with systems of tiered supports with training to respond to more significant social and emotional challenges or where experiences of trauma may be more prevalent.(3) Early care and education programs and providers,     across a range of settings, have an important role to play in supporting young children and families, especially those who face greater challenges, such as trauma exposure, social isolation, pervasive poverty, and toxic stress; if programs, teaching staff, caregivers, and providers are not provided with the support, services, and training needed to accomplish these goals, it can lead to children and families being asked to leave programs, particularly without connection to more appropriate services, thereby creating a disruption in learning and social-emotional development; investments in reflective supervision, professional development specific to diversity, equity and inclusion practice, culturally responsive training, implicit bias training, and how trauma experienced during the early years can manifest in challenging behaviors will create systems for serving children that are informed in developmentally appropriate and responsive supports.(4) Studies have shown that the expulsion of infants,     toddlers, and young children in early care and education settings is occurring at alarmingly high rates, more than 3 times that of students in K-12; further, expulsion occurs more frequently for Black children and Latinx children and more frequently for boys than for girls, with Black boys being most frequently expelled; there is evidence to show that the expulsion of Black girls is occurring with increasing frequency.(5) Illinois took its first steps toward addressing     this disparity through Public Act 100-105 to prohibit expulsion due to child behavior in early care and education settings, but further work is needed to implement this law, including strengthening provider understanding of a successful transition and beginning to identify strategies to reduce "soft expulsions" and to ensure more young children and their teachers, providers, and caregivers, in a range of early care and education settings, can benefit from services, such as Infant/Early Childhood Mental Health Consultations (I/ECMHC) and positive behavior interventions and supports such as the Pyramid Model.(6) I/ECMHC is a critical component needed to align     social-emotional well-being with the public health model of promotion, prevention, and intervention across early care and education systems.(b) The General Assembly encourages that all of the following actions be taken by:(1) the State to increase the availability of     Infant/Early Childhood Mental Health Consultations (I/ECMHC) through increased funding in early childhood programs and sustainable funding for coordination of I/ECMHC and other social and emotional support at the State level;(2) the Department of Human Services (IDHS), the     Illinois State Board of Education (ISBE), the Governor's Office of Early Childhood Development (GOECD), and other relevant agencies to develop and promote provider-accessible and parent-accessible materials, including native language, on the role and value of I/ECMHC, including targeted promotion in underserved communities, and promote the use of existing I/ECMHCs, the I/ECMHC consultant database, or other existing services;(3) the State to increase funding to promote and     provide training and implementation support for systems of tiered support, such as the Pyramid Model, across early childhood settings and urge DHS, ISBE, GOECD, and other relevant State agencies to coordinate efforts and develop strategies to provide outreach to and support providers in underserved communities and communities with fewer programmatic resources; and(4) ISBE and DCFS to provide the data required by     Public Act 100-105, even if the data is incomplete at the time due to data system challenges.(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 40 heading) 
Article 40.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 45 heading) 
Article 45.
(The Early Childhood Workforce Act 

is compiled at 325 ILCS 80/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 50 heading) 
Article 50.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 60 heading) 
Article 60.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 65 heading) 
Article 65.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 70 heading) 
Article 70.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 75 heading) 
Article 75.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 85 heading) 
Article 85.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 95 heading) 
Article 95.
(The Equity in Higher Education Act 

is compiled at 110 ILCS 235/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 100 heading) 
Article 100.
(The Developmental Education Reform Act 

is compiled at 110 ILCS 175/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 115 heading) 
Article 115.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 120 heading) 
Article 120.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 125 heading) 
Article 125.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 130 heading) 
Article 130.
(The Transitions in Education Act 

is compiled at 110 ILCS 180/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 135 heading) 
Article 135.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 145 heading) 
Article 145.
(The Early Education Act 

is compiled at 325 ILCS 21/)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 150 heading) 
Article 150.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 155 heading) 
Article 155.
(Amendatory provisions; text omitted)(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/Art. 999 heading) 
Article 999.
(Source: P.A. 101-654, eff. 3-8-21.) (405 ILCS 47/999-999)Sec. 999-999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 101-654, eff. 3-8-21.)
(405 ILCS 48/1)Sec. 1. Short title. This Act may be cited as the Youth Mental Health Protection Act.
(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/5)Sec. 5. Legislative findings.   The General Assembly finds and declares the following:(1) Being lesbian, gay, or bisexual is not a disease,     disorder, illness, deficiency, or shortcoming. The major professional associations of mental health practitioners and researchers in the United States have recognized this fact for nearly 40 years.(2) The American Psychological Association convened a     Task Force on Appropriate Therapeutic Responses to Sexual Orientation. The Task Force conducted a systematic review of peer-reviewed journal literature on sexual orientation change efforts and issued a report in 2009. The Task Force concluded that sexual orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people, including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal, suicidality, substance abuse, stress, disappointment, self-blame, decreased self-esteem and authenticity to others, increased self-hatred, hostility and blame towards parents, feelings of anger and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional intimacy, sexual dysfunction, high-risk sexual behaviors, a feeling of being dehumanized and untrue to self, a loss of faith, and a sense of having wasted time and resources.(3) The American Psychological Association issued a     resolution on Appropriate Affirmative Responses to Sexual Orientation Distress and Change Efforts in 2009 that states: "The American Psychological Association advises parents, guardians, young people, and their families to avoid sexual orientation change efforts that portray homosexuality as a mental illness or developmental disorder and to seek psychotherapy, social support, and educational services that provide accurate information on sexual orientation and sexuality, increase family and school support, and reduce rejection of sexual minority youth.".(4) The American Psychiatric Association published a     position statement in March of 2000 that states:  "Psychotherapeutic modalities to convert or 'repair' homosexuality are based on developmental theories whose scientific validity is questionable. Furthermore, anecdotal reports of 'cures' are counterbalanced by anecdotal claims of psychological harm.  In the last four decades, 'reparative' therapists have not produced any rigorous scientific research to substantiate their claims of cure. Until there is such research available, the American Psychiatric Association recommends that ethical practitioners refrain from attempts to change individuals' sexual orientation, keeping in mind the medical dictum to first, do no harm. The potential risks of reparative therapy are great, including depression, anxiety and self-destructive behavior, since therapist alignment with societal prejudices against homosexuality may reinforce self-hatred already experienced by the patient. Many patients who have undergone reparative therapy relate that they were inaccurately told that homosexuals are lonely, unhappy individuals who never achieve acceptance or satisfaction. The possibility that the person might achieve happiness and satisfying interpersonal relationships as a gay man or lesbian is not presented, nor are alternative approaches to dealing with the effects of societal stigmatization discussed. Therefore, the American Psychiatric Association opposes any psychiatric treatment such as reparative or conversion therapy which is based upon the assumption that homosexuality per se is a mental disorder or based upon the a priori assumption that a patient should change his or her sexual homosexual orientation.".(5) The American Academy of Pediatrics published an     article in 1993 in its journal, Pediatrics, that states: "Therapy directed at specifically changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having little or no potential for achieving changes in orientation.".(6) The American Medical Association Council on     Scientific Affairs prepared a report in 1994 that states: "Aversion therapy (a behavioral or medical intervention which pairs unwanted behavior, in this case, homosexual behavior, with unpleasant sensations or aversive consequences) is no longer recommended for gay men and lesbians. Through psychotherapy, gay men and lesbians can become comfortable with their sexual orientation and understand the societal response to it.".(7) The National Association of Social Workers     prepared a policy statement in 1997 that states: "Social stigmatization of lesbian, gay, and bisexual people is widespread and is a primary motivating factor in leading some people to seek sexual orientation changes. Sexual orientation conversion therapies assume that homosexual orientation is both pathological and freely chosen. No data demonstrates that reparative or conversion therapies are effective, and, in fact, they may be harmful.".(8) The American Counseling Association Governing     Council issued a position statement in April, 1999 that states: "We oppose the promotion of 'reparative therapy' as a 'cure' for individuals who are homosexual.".(9) The American Psychoanalytic Association issued a     position statement in June, 2012 on attempts to change sexual orientation, gender, identity, or gender expression that states: "As with any societal prejudice, bias against individuals based on actual or perceived sexual orientation, gender identity or gender expression negatively affects mental health, contributing to an enduring sense of stigma and pervasive self-criticism through the internalization of such prejudice. Psychoanalytic technique does not encompass purposeful attempts to 'convert', 'repair', change or shift an individual's sexual orientation, gender identity or gender expression. Such directed efforts are against fundamental principles of psychoanalytic treatment and often result in substantial psychological pain by reinforcing damaging internalized attitudes.".(10) The American Academy of Child and Adolescent     Psychiatry published an article in 2012 in its journal, Journal of the American Academy of Child and Adolescent Psychiatry, that states: "Clinicians should be aware that there is no evidence that sexual orientation can be altered through therapy, and that attempts to do so may be harmful. There is no empirical evidence adult homosexuality can be prevented if gender nonconforming children are influenced to be more gender conforming. Indeed, there is no medically valid basis for attempting to prevent homosexuality, which is not an illness. On the contrary, such efforts may encourage family rejection and undermine self-esteem, connectedness and caring, important protective factors against suicidal ideation and attempts. Given that there is no evidence that efforts to alter sexual orientation are effective, beneficial or necessary, and the possibility that they carry the risk of significant harm, such interventions are contraindicated.".(11) The Pan American Health Organization, a regional     office of the World Health Organization, issued a statement in May, 2012 that states: "These supposed conversion therapies constitute a violation of the ethical principles of health care and violate human rights that are protected by international and regional agreements.". The organization also noted that reparative therapies "lack medical justification and represent a serious threat to the health and well-being of affected people.".(12) Minors who experience family rejection based on     their sexual orientation face especially serious health risks. In one study, lesbian, gay, and bisexual young adults who reported higher levels of family rejection during adolescence were 8.4 times more likely to report having attempted suicide, 5.9 times more likely to report high levels of depression, 3.4 times more likely to use illegal drugs, and 3.4 times more likely to report having engaged in unprotected sexual intercourse compared with peers from families that reported no or low levels of family rejection. This is documented by Caitlin Ryan et al. in their article entitled Family Rejection as a Predictor of Negative Health Outcomes in White and Latino Lesbian, Gay, and Bisexual Young Adults (2009), 123 Pediatrics 346.(13) Illinois has a compelling interest in protecting     the physical and psychological well-being of minors, including lesbian, gay, bisexual, and transgender youth and in protecting its minors against exposure to serious harms caused by sexual orientation change efforts.(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/10)Sec. 10. Purpose. The purpose of this Act is to protect lesbian, gay, bisexual, and transgender youth from sexual orientation change efforts, also known as conversion therapy.
(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/15)Sec. 15. Definitions. For the purposes of this Act:"Mental health provider" means a clinical psychologist licensed under the Clinical Psychology Licensing Act; a school psychologist as defined in the School Code; a psychiatrist as defined in Section 1-121 of the Mental Health and Developmental Disabilities Code; a clinical social worker or social worker licensed under the Clinical Social Work and Social Work Practice Act; a marriage and family therapist or associate licensed marriage and family therapist licensed under the Marriage and Family Therapy Licensing Act; a professional counselor or clinical professional counselor licensed under the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act; or any students, interns, volunteers, or other persons assisting or acting under the direction or guidance of any of these licensed professionals."Sexual orientation change efforts" or "conversion therapy" means any practices or treatments that seek to change an individual's sexual orientation, as defined by subsection (O-1) of Section 1-103 of the Illinois Human Rights Act, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings towards individuals of the same sex. "Sexual orientation change efforts" or "conversion therapy" does not include counseling or mental health services that provide acceptance, support, and understanding of a person without seeking to change sexual orientation or mental health services that facilitate a person's coping, social support, and gender identity exploration and development, including sexual orientation neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, without seeking to change sexual orientation.

(Source: P.A. 99-411, eff. 1-1-16; 100-372, eff. 8-25-17.) (405 ILCS 48/20)Sec. 20. Prohibition on conversion therapy.  Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a person under the age of 18.


(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/25)Sec. 25. Advertisement and sales; misrepresentation. No person or entity may, in the conduct of any trade or commerce, use or employ any deception, fraud, false pretense, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact in advertising or otherwise offering conversion
therapy services in a manner that represents homosexuality as a
mental disease, disorder, or illness, with intent that others rely upon the concealment, suppression, or omission of such material fact. A violation of this Section constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/30)Sec. 30. Discipline. Any sexual orientation change efforts attempted on a person under the age of 18 by a mental health provider may be considered unprofessional conduct. Mental health providers found to have engaged in a sexual orientation change effort on a patient under the age of 18 may be subject to discipline by the licensing entity or disciplinary review board with competent jurisdiction.
(Source: P.A. 99-411, eff. 1-1-16.) (405 ILCS 48/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 99-411, eff. 1-1-16; text omitted.)
(405 ILCS 49/1)Sec. 1. Short title. This Act may be cited as the Children's Mental
Health
Act.
(Source: P.A. 102-899, eff. 1-1-23.) (405 ILCS 49/5)(Text of Section from P.A. 102-116)Sec. 5. Children's Mental Health Plan.(a) The State of Illinois shall develop a Children's Mental Health Plan
containing short-term and long-term recommendations to provide
comprehensive, coordinated mental
health prevention, early intervention, and treatment services for children from
birth through age 18. This Plan
shall include but not be limited to:(1) Coordinated provider services and interagency     referral networks for children from birth through age 18 to maximize resources and minimize duplication of services.(2) Guidelines for incorporating social and emotional     development into school learning standards and educational programs, pursuant to Section 15 of this Act.(3) Protocols for implementing screening and     assessment of children prior to any admission to an inpatient hospital for psychiatric services, pursuant to subsection (a) of Section 5-5.23 of the Illinois Public Aid Code.(4) Recommendations regarding a State budget for     children's mental health prevention, early intervention, and treatment across all State agencies.(5) Recommendations for State and local mechanisms     for integrating federal, State, and local funding sources for children's mental health.(6) Recommendations for building a qualified and     adequately trained workforce prepared to provide mental health services for children from birth through age 18 and their families.(7) Recommendations for facilitating research on best     practices and model programs, and dissemination of this information to Illinois policymakers, practitioners, and the general public through training, technical assistance, and educational materials.(8) Recommendations for a comprehensive,     multi-faceted public awareness campaign to reduce the stigma of mental illness and educate families, the general public, and other key audiences about the benefits of children's social and emotional development, and how to access services.(9) Recommendations for creating a quality-driven     children's mental health system with shared accountability among key State agencies and programs that conducts ongoing needs assessments, uses outcome indicators and benchmarks to measure progress, and implements quality data tracking and reporting systems.(10) Recommendations for ensuring all Illinois youth     receive mental health education and have access to mental health care in the school setting. In developing these recommendations, the Children's Mental Health Partnership created under subsection (b) shall consult with the State Board of Education, education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, health care  professionals, including mental health professionals and child health leaders, disability advocates, and other representatives as necessary to ensure the interests of all students are represented.(b) The Children's Mental Health Partnership (hereafter referred to as "the
Partnership") is created. The Partnership shall have the responsibility of
developing and monitoring the implementation of the Children's Mental
Health Plan as approved by the Governor. The Children's Mental Health
Partnership shall be comprised of: the Secretary of Human Services or his or
her designee; the State Superintendent of Education or his or her
designee; the directors of the departments of Children and Family
Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their
designees;
the head of the Illinois Violence Prevention Authority, or his or her
designee; the Attorney General or his or her designee; up to 25
representatives of community mental health authorities and statewide mental
health, children and family advocacy,
early childhood, education, health, substance abuse, violence prevention,
and juvenile justice organizations or associations, to be appointed by the
Governor; and 2 members of each caucus of the House of
Representatives and Senate appointed by the Speaker of the House of
Representatives and the President of the Senate, respectively. The
Governor shall appoint the Partnership Chair and shall designate a
Governor's staff liaison to work with the Partnership.(c) The Partnership shall submit a Preliminary Plan to the Governor on
September 30, 2004 and shall submit the Final Plan on June 30, 2005.
Thereafter, on September 30 of each year, the Partnership shall submit an
annual report to the Governor on the progress of Plan implementation
and recommendations for revisions in the Plan.
The Final Plan and annual reports submitted in subsequent years shall include
estimates of savings achieved in prior fiscal years under subsection (a) of
Section
5-5.23 of the Illinois Public Aid Code and federal financial participation
received under subsection (b) of
Section 5-5.23 of that Code.  The Department of Healthcare and Family Services shall provide
technical assistance in developing these estimates and reports.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)(Text of Section from P.A. 102-899)Sec. 5. Children's Mental Health Partnership; Children's Mental Health Plan.(a) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") created under Public Act 93-495 and continued under this amendatory Act of the 102nd General Assembly shall advise State agencies on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment.  The recommended strategies shall build upon the recommendations in the Children's Mental Health Plan of 2022 and may include, but are not limited to, recommendations regarding the following:(1) Increasing public awareness on issues connected     to children's mental health and wellness to decrease stigma, promote acceptance, and strengthen the ability of children, families, and communities to access supports.(2) Coordination of programs, services, and policies     across child-serving State agencies to best monitor and assess spending, as well as foster innovation of adaptive or new practices.(3) Funding and resources for children's mental     health prevention, early identification, and treatment across child-serving State agencies.(4) Facilitation of research on best practices and     model programs and dissemination of this information to State policymakers, practitioners, and the general public.(5) Monitoring programs, services, and policies     addressing children's mental health and wellness.(6) Growing, retaining, diversifying, and supporting     the child-serving workforce, with special emphasis on professional development around child and family mental health and wellness services.(7) Supporting the design, implementation, and     evaluation of a quality-driven children's mental health system of care across all child services that prevents mental health concerns and mitigates trauma.(8) Improving the system to more effectively meet the     emergency and residential placement needs for all children with severe mental and behavioral challenges.(b) The Partnership shall have the responsibility of
developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan.  The Children's Mental Health Partnership shall be comprised of the following members:(1) The Governor or his or her designee.(2) The Attorney General or his or her designee.(3) The Secretary of the Department of Human Services     or his or her designee.(4) The State Superintendent of Education or his or     her designee.(5) The Director of the Department of Children and     Family Services or his or her designee.(6) The Director of the Department of Healthcare and     Family Services or his or her designee.(7) The Director of the Department of Public Health     or his or her designee.(8) The Director of the Department of Juvenile     Justice or his or her designee.(9) The Executive Director of the Governor's Office     of Early Childhood Development or his or her designee.(10) The Director of the Criminal Justice Information     Authority or his or her designee.(11) One member of the General Assembly appointed by     the Speaker of the House.(12) One member of the General Assembly appointed by     the President of the Senate.(13) One member of the General Assembly appointed by     the Minority Leader of the Senate.(14) One member of the General Assembly appointed by     the Minority Leader of the House.(15) Up to 25 representatives from the public     reflecting a diversity of age, gender identity, race, ethnicity, socioeconomic status, and geographic location, to be appointed by the Governor. Those public members appointed under this paragraph must include, but are not limited to:(A) a family member or individual with lived         experience in the children's mental health system;(B) a child advocate;(C) a community mental health expert,         practitioner, or provider;(D) a representative of a statewide association         representing a majority of hospitals in the State;(E) an early childhood expert or practitioner;(F) a representative from the K-12 school system;(G) a representative from the healthcare sector;(H) a substance use prevention expert or         practitioner, or a representative of a statewide association representing community-based mental health substance use disorder treatment providers in the State;(I) a violence prevention expert or practitioner;(J) a representative from the juvenile justice         system;(K) a school social worker; and(L) a representative of a statewide organization         representing pediatricians.(16) Two co-chairs appointed by the Governor, one     being a representative from the public and one being a representative from the State.The members appointed by the Governor shall be appointed for 4 years with one opportunity for reappointment, except as otherwise provided for in this subsection. Members who were appointed by the Governor and are serving on the effective date of this amendatory Act of the 102nd General Assembly shall maintain their appointment until the term of their appointment has expired. For new appointments made pursuant to this amendatory Act of the 102nd General Assembly, members shall be appointed for one-year, two-year, or four-year terms, as determined by the Governor, with no more than 9 of the Governor's new or existing appointees serving the same term. Those new appointments serving a one-year or 2-year term may be appointed to 2 additional 4-year terms. If a vacancy occurs in the Partnership membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the term.The Partnership shall be convened no later than January 31, 2023 to discuss the changes in this amendatory Act of the 102nd General Assembly.The members of the Partnership shall serve without compensation but may be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Partnership from funds appropriated for that purpose.The Partnership may convene and appoint special committees or study groups to operate under the direction of the Partnership.  Persons appointed to such special committees or study groups shall only receive reimbursement for reasonable expenses.(c) (Blank).(d) The Illinois Children's Mental Health Partnership has the following powers and duties:(1) Conducting research assessments to determine the     needs and gaps of programs, services, and policies that touch children's mental health.(2) Developing policy statements for interagency     cooperation to cover all aspects of mental health delivery, including social determinants of health, prevention, early identification, and treatment.(3) Recommending policies and provide information on     effective programs for delivery of mental health services.(4) Using funding from federal, state, or     philanthropic partners, to fund pilot programs or research activities to resource innovative practices by organizational partners that will address children's mental health.  However, the Partnership may not provide direct services.(5) Submitting an annual report, on or before     December 30 of each year, to the Governor and the General Assembly on the progress of the Plan, any recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act, and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary.(6) Employing an Executive Director and setting the     compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties under this Section.The Partnership may designate a fiscal and administrative agent that can accept funds to carry out its duties as outlined in this Section.The Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership.(e) The Partnership may accept monetary gifts or grants from the federal government or any agency thereof, from any charitable foundation or professional association, or from any reputable source for implementation of any program necessary or desirable to carry out the powers and duties as defined under this Section.(f) On or before January 1, 2027, the Partnership shall submit recommendations to the Governor and General Assembly that includes recommended updates to the Act to reflect the current mental health landscape in this State. (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-899, eff. 1-1-23.)(Text of Section from P.A. 102-1034)Sec. 5. Children's Mental Health Plan.(a) The State of Illinois shall develop a Children's Mental Health Plan
containing short-term and long-term recommendations to provide
comprehensive, coordinated mental
health prevention, early intervention, and treatment services for children from
birth through age 18. This Plan
shall include but not be limited to:(1) Coordinated provider services and interagency     referral networks for children from birth through age 18 to maximize resources and minimize duplication of services.(2) Guidelines for incorporating social and emotional     development into school learning standards and educational programs, pursuant to Section 15 of this Act.(3) Protocols for implementing screening and     assessment of children prior to any admission to an inpatient hospital for psychiatric services, pursuant to subsection (a) of Section 5-5.23 of the Illinois Public Aid Code.(4) Recommendations regarding a State budget for     children's mental health prevention, early intervention, and treatment across all State agencies.(5) Recommendations for State and local mechanisms     for integrating federal, State, and local funding sources for children's mental health.(6) Recommendations for building a qualified and     adequately trained workforce prepared to provide mental health services for children from birth through age 18 and their families.(7) Recommendations for facilitating research on best     practices and model programs, and dissemination of this information to Illinois policymakers, practitioners, and the general public through training, technical assistance, and educational materials.(8) Recommendations for a comprehensive,     multi-faceted public awareness campaign to reduce the stigma of mental illness and educate families, the general public, and other key audiences about the benefits of children's social and emotional development, and how to access services.(9) Recommendations for creating a quality-driven     children's mental health system with shared accountability among key State agencies and programs that conducts ongoing needs assessments, uses outcome indicators and benchmarks to measure progress, and implements quality data tracking and reporting systems.(10) Recommendations for ensuring all Illinois youth     receive mental health education and have access to mental health care in the school setting. In developing these recommendations, the Children's Mental Health Partnership created under subsection (b) shall consult with the State Board of Education, education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, health care  professionals, including mental health professionals and child health leaders, disability advocates, and other representatives as necessary to ensure the interests of all students are represented.(b) The Children's Mental Health Partnership (hereafter referred to as "the
Partnership") is created. The Partnership shall have the responsibility of
developing and monitoring the implementation of the Children's Mental
Health Plan as approved by the Governor. The Children's Mental Health
Partnership shall be comprised of: the Secretary of Human Services or his or
her designee; the State Superintendent of Education or his or her
designee; the directors of the departments of Children and Family
Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their
designees;
the head of the Illinois Violence Prevention Authority, or his or her
designee; the Attorney General or his or her designee; up to 25
representatives of community mental health authorities and statewide mental
health, children and family advocacy,
early childhood, education, health, substance abuse, violence prevention,
and juvenile justice organizations or associations, to be appointed by the
Governor; and 2 members of each caucus of the House of
Representatives and Senate appointed by the Speaker of the House of
Representatives and the President of the Senate, respectively. The
Governor shall appoint the Partnership Chair and shall designate a
Governor's staff liaison to work with the Partnership.(b-5) The Partnership shall include an adjunct council comprised of no more than 6 youth aged 14 to 25 and 4 representatives of 4 different community based organizations that focus on youth mental health. Of the community-based organizations that focus on youth mental health, one of the community-based organizations shall be led by an LGBTQ-identified person, one of the community-based organizations shall be led by a person of color, and one of the community-based organizations shall be led by a woman. Of the representatives appointed to the council from the community-based organizations, at least one representative shall be LGBTQ-identified, at least one representative shall be a person of color, and at least one representative shall be a woman. The council members shall be appointed by the Chair of the Partnership and shall reflect the racial, gender identity, sexual orientation, ability, socioeconomic, ethnic, and geographic diversity of the State, including rural, suburban, and urban appointees. The council shall make recommendations to the Partnership regarding youth mental health, including, but not limited to, identifying barriers to youth feeling supported by and empowered by the system of mental health and treatment providers, barriers perceived by youth in accessing mental health services, gaps in the mental health system, available resources in schools, including youth's perceptions and experiences with outreach personnel, agency websites, and informational materials, methods to destigmatize mental health services, and how to improve State policy concerning student mental health. The mental health system may include services for substance use disorders and addiction. The council shall meet at least 4 times annually.(c) The Partnership shall submit a Preliminary Plan to the Governor on
September 30, 2004 and shall submit the Final Plan on June 30, 2005.
Thereafter, on September 30 of each year, the Partnership shall submit an
annual report to the Governor on the progress of Plan implementation
and recommendations for revisions in the Plan.
The Final Plan and annual reports submitted in subsequent years shall include
estimates of savings achieved in prior fiscal years under subsection (a) of
Section
5-5.23 of the Illinois Public Aid Code and federal financial participation
received under subsection (b) of
Section 5-5.23 of that Code.  The Department of Healthcare and Family Services shall provide
technical assistance in developing these estimates and reports.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-1034, eff. 1-1-23.) (405 ILCS 49/10)Sec. 10. 
		Office of Mental Health services. 
		The Office of Mental Health
within the Department of Human Services shall allow grant and
purchase-of-service
moneys to be used for services for children from birth through age 18.
		(Source: P.A. 93-495, eff. 8-8-03.) (405 ILCS 49/15)Sec. 15. Mental health and schools.(a) The Illinois State Board of Education shall develop and implement a plan
to
incorporate social and emotional development standards as part of the Illinois
Learning Standards for the purpose of enhancing and measuring children's school
readiness and ability to achieve academic success.
The plan shall be submitted to the Governor, the General Assembly, and the
Partnership by December 31, 2004.(b) Every Illinois school district shall develop a policy for incorporating
social and emotional development into the district's educational program.
The policy shall address teaching and assessing social and emotional
skills and protocols for responding to children with social, emotional, or
mental health problems, or a combination of such problems, that impact
learning ability. School social workers may implement a continuum of social and emotional education programs and services in accordance with students' needs. Each district must submit this policy to the Illinois State
Board of Education by August 31, 2004.
(Source: P.A. 98-338, eff. 8-13-13.) (405 ILCS 49/95)Sec. 95. 
		(Amendatory provisions; text omitted). 
		(Source: P.A. 93-495, eff. 8-8-03; text omitted.) (405 ILCS 49/99)Sec. 99. 
		Effective date. 
		This Act takes  effect upon
becoming law.
		(Source: P.A. 93-495, eff. 8-8-03.)
(405 ILCS 5/Ch. I heading) CHAPTER I 
SHORT TITLE AND DEFINITIONS (405 ILCS 5/1-100) (from Ch. 91 1/2, par. 1-100)Sec. 1-100. 
		
		This Act shall be known and may be cited as the "Mental
Health and Developmental Disabilities Code".
		(Source: P.A. 80-1414.) (405 ILCS 5/1-101) (from Ch. 91 1/2, par. 1-101)Sec. 1-101. 
		
		As used in this Act, unless the context otherwise requires,
the terms defined in this Chapter have the meanings ascribed to them herein.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-101.1) (from Ch. 91 1/2, par. 1-101.1)Sec. 1-101.1. 
		
		"Abuse" means any physical injury, sexual abuse, or mental
injury inflicted on a recipient of services other than by accidental means.
		(Source: P.A. 86-1013.) (405 ILCS 5/1-101.2)Sec. 1-101.2. 
		
		"Adequate and humane care and services" means services
reasonably calculated to result in a significant improvement of the condition
of a recipient of services confined in an inpatient mental health facility so
that he or she may be released or services reasonably calculated to prevent
further decline in the clinical condition of a recipient of services so that he
or she does not present an imminent danger to self or others.
		(Source: P.A. 91-536, eff. 1-1-00.) (405 ILCS 5/1-101.3)Sec. 1-101.3. Advanced practice psychiatric nurse. "Advanced practice psychiatric nurse" means a nurse who is licensed to practice as an advanced
practice registered nurse under Section 65-5 of the Nurse Practice Act and has been certified by the American Nurses Credentialing Center as a psychiatric mental health clinical nurse specialist or a psychiatric mental health nurse practitioner.
(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/1-102) (from Ch. 91 1/2, par. 1-102)Sec. 1-102. 
		
		"Care and custody" means authorization to an appropriate
person, with his consent, to provide or arrange for proper and adequate
treatment of another person who is subject to involuntary admission but
does not include the authority to require hospitalization of the recipient
unless such authority is expressly granted by court order pursuant to Article
VII of Chapter III.
		(Source: P.A. 88-380.) (405 ILCS 5/1-102.1)Sec. 1-102.1. "Clinical professional counselor" means a person licensed as a clinical professional counselor in accordance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act.
(Source: P.A. 98-724, eff. 7-16-14.) (405 ILCS 5/1-103) (from Ch. 91 1/2, par. 1-103)Sec. 1-103. 
"Clinical psychologist" means a person licensed by the Department of Financial and Professional Regulation under the Clinical Psychologist Licensing Act.


(Source: P.A. 98-75, eff. 7-15-13.) (405 ILCS 5/1-104) (from Ch. 91 1/2, par. 1-104)Sec. 1-104. 
"Facility director" means the chief officer of a mental
health or developmental disabilities facility or his designee or the supervisor
of a program of treatment or habilitation, or his designee.  Designee may
include a physician, clinical psychologist, social worker, clinical professional counselor, or nurse.
(Source: P.A. 97-753, eff. 7-6-12.) (405 ILCS 5/1-104.5)Sec. 1-104.5. (Repealed).
	 
	 (Source: P.A. 95-602, eff. 6-1-08. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/1-105) (from Ch. 91 1/2, par. 1-105)Sec. 1-105. 
		
		"Department" means the Department of Human Services in its
capacity as successor to the Department of Mental Health and Developmental
Disabilities.  Unless the context otherwise requires, direct or indirect
references in this Code to the programs,
employees, facilities, service providers, or service recipients of the
Department shall be construed to refer only to those programs, employees,
facilities, service providers, or service recipients of the Department that
pertain to its mental health and developmental disabilities functions.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)Sec. 1-106. 
"Developmental disability" means a severe, chronic disability, other than mental illness, found to be closely related to an intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with ID, and requires services similar to those required for a person with an intellectual disability.  In addition, a developmental disability: (1) is manifested before the individual reaches 22 years of age; (2) is likely to continue indefinitely; (3) results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and (4) reflects the individual's need for a combination and sequence of special interdisciplinary or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. This definition does not supersede the "developmental disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.) (405 ILCS 5/1-107) (from Ch. 91 1/2, par. 1-107)Sec. 1-107. 
		
		"Developmental disability facility" means a facility or
section thereof which is licensed or operated by or under contract with
the State or a political subdivision thereof and which admits persons with a
developmental disability for residential and habilitation services.
		(Source: P.A. 88-380.) (405 ILCS 5/1-108) (from Ch. 91 1/2, par. 1-108)Sec. 1-108. 
		"Secretary" means the Secretary of Human Services. 
		
		
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 5/1-109) (from Ch. 91 1/2, par. 1-109)Sec. 1-109. 
		
		"Discharge" means the full release of any person admitted
or otherwise detained under this Act from treatment, habilitation, or care and custody.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-110) (from Ch. 91 1/2, par. 1-110)Sec. 1-110. 
		
		"Guardian" means the court appointed guardian or conservator
of the person.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-110.5)Sec. 1-110.5. 
		
		"Substitute decision maker" means a person who
possesses the
authority to make decisions under the Powers of
Attorney for Health Care Law or under the Mental Health Treatment Preference
Declaration Act.
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)Sec. 1-111. 
		
		"Habilitation" means an effort directed toward the alleviation
of a developmental disability or toward increasing a person with a
developmental disability's level of physical, mental, social or economic
functioning. Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, day care, special living
arrangements, training, education, sheltered employment, protective services,
counseling and other services provided to persons with a developmental
disability by developmental disabilities facilities.
		(Source: P.A. 88-380.) (405 ILCS 5/1-112) (from Ch. 91 1/2, par. 1-112)Sec. 1-112. 
		
		"Hospitalization" means the treatment of a person by a
mental health facility as an inpatient.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-113) (from Ch. 91 1/2, par. 1-113)Sec. 1-113. 
		
		"Licensed private hospital" means any privately owned home,
hospital, or institution, or any section thereof which is licensed by the
Department of Public Health and which provides treatment for persons with
mental illness.
		(Source: P.A. 88-380.) (405 ILCS 5/1-113.5)Sec. 1-113.5. 
		
		"Long-acting psychotropic medications" means psychotropic
medications, including but not limited to Haldol
Decanoate and Prolixin Decanoate, that are designed so that a single dose will
have an intended clinical effect for a period of at least 48
hours.
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-114) (from Ch. 91 1/2, par. 1-114)Sec. 1-114. 
		
		"Mental health facility" means any licensed private hospital,
institution, or facility or section thereof, and any facility, or section
thereof, operated by the State or a political subdivision thereof for the
treatment of persons with mental illness and includes all hospitals,
institutions, clinics, evaluation facilities, and mental health centers which
provide treatment for such persons.
		(Source: P.A. 88-380.) (405 ILCS 5/1-114.1)Sec. 1-114.1. 
		
		"State-operated mental health facility" means a mental
health facility operated by the Department.
		(Source: P.A. 88-484.) (405 ILCS 5/1-114.2)Sec. 1-114.2. 
		(Repealed). 
		(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-114.3)Sec. 1-114.3. 
		(Repealed). 
		(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-114.4)Sec. 1-114.4. 
		(Repealed). 
		(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-114.5)Sec. 1-114.5. 
		(Repealed). 
		(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/1-115) (from Ch. 91 1/2, par. 1-115)Sec. 1-115. 
		
		"Mental health or developmental disability services" or
"services" means treatment or habilitation.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)Sec. 1-116. Intellectual disability. "Intellectual disability" means a disorder with onset during the developmental period (before the individual reaches age 22), that includes both intellectual and adaptive deficits in conceptual, social and practical domains.  The following 3 criteria must be met: (1) deficits in intellectual functions such as reasoning, problem solving, planning, abstract thinking, judgment, academic learning, and learning from experience confirmed by both clinical assessment and individualized, standardized intelligence testing (generally indicated with an IQ score of about 70 or below), (2) deficits in adaptive functioning that result in failure to meet developmental and sociocultural standards for personal independence and social responsibility. Without ongoing support, the adaptive deficits limit functioning in one or more activities of daily life, such as communication, social participation, and independent living, across multiple environments, such as home, school, work, and community, and (3) onset of intellectual and adaptive deficits during the developmental period. This definition does not supersede the "intellectual disability" definition in Section 1.1 of the Firearm Owners Identification Card Act which is required to be applied under that Act for the purpose of mandatory reporting.
(Source: P.A. 102-972, eff. 1-1-23.) (405 ILCS 5/1-117) (from Ch. 91 1/2, par. 1-117)Sec. 1-117. 
		"Minor" means a person under 18 years of age. 
		(Source: P.A. 80-1414.) (405 ILCS 5/1-117.1) (from Ch. 91 1/2, par. 1-117.1)Sec. 1-117.1. 
		
		"Neglect" means the failure to provide adequate medical or
personal care or maintenance to a recipient of services, which failure
results in physical or mental injury to a recipient or in the deterioration
of a recipient's physical or mental condition.
		(Source: P.A. 86-1013.) (405 ILCS 5/1-118) (from Ch. 91 1/2, par. 1-118)Sec. 1-118. 
		
		"Peace officer" means any sheriff, police officer, or other
person deputized by proper authority to serve as a peace officer.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-119) (from Ch. 91 1/2, par. 1-119)Sec. 1-119. "Person subject to involuntary admission on an inpatient basis" means:(1) A person with mental illness who because of his     or her illness is reasonably expected, unless treated on an inpatient basis, to engage in conduct placing such person or another in physical harm or in reasonable expectation of being physically harmed;(2) A person with mental illness who because of his     or her illness is unable to provide for his or her basic physical needs so as to guard himself or herself from serious harm without the assistance of family or others, unless treated on an inpatient basis; or(3) A person with mental illness who:(i) refuses treatment or is not adhering         adequately to prescribed treatment;(ii) because of the nature of his or her illness,         is unable to understand his or her need for treatment; and(iii) if not treated on an inpatient basis, is         reasonably expected, based on his or her behavioral history, to suffer mental or emotional deterioration and is reasonably expected, after such deterioration, to meet the criteria of either paragraph (1) or paragraph (2) of this Section.In determining whether a person meets the criteria specified in paragraph
(1), (2), or (3), the court may consider evidence of the person's repeated past pattern
of specific behavior
and actions related to the
person's illness.
(Source: P.A. 95-602, eff. 6-1-08; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/1-119.1)Sec. 1-119.1. "Person subject to involuntary admission on an outpatient basis" means:(1) A person who would meet the criteria for     admission on an inpatient basis as specified in Section 1-119 in the absence of treatment on an outpatient basis and for whom treatment on an outpatient basis can only be reasonably ensured by a court order mandating such treatment; or(2) A person with a mental illness which, if left     untreated, is reasonably expected to result in an increase in the symptoms caused by the illness to the point that the person would meet the criteria for commitment under Section 1-119, and whose mental illness has, on more than one occasion in the past, caused that person to refuse needed and appropriate mental health services in the community. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/1-120) (from Ch. 91 1/2, par. 1-120)Sec. 1-120. 
		
		"Physician" means any person licensed by the State of Illinois
to practice medicine in all its branches and includes any person holding
a temporary license, as provided in the Medical Practice Act of 1987.
Physician includes a psychiatrist as defined in Section 1-121.
		(Source: P.A. 85-1209.) (405 ILCS 5/1-121) (from Ch. 91 1/2, par. 1-121)Sec. 1-121. 
		
		"Psychiatrist" means a physician as defined in the first
sentence of Section 1-120 who has successfully completed a residency program
in psychiatry accredited by either the Accreditation Council for Graduate
Medical Education or the American Osteopathic Association.
		(Source: P.A. 91-726, eff. 6-2-00; 91-787, eff. 1-1-01.) (405 ILCS 5/1-121.1) (from Ch. 91 1/2, par. 1-121.1)Sec. 1-121.1. 
		
		"Psychotropic medication" means medication whose use for
antipsychotic, antidepressant, antimanic, antianxiety, behavioral
modification or behavioral management purposes is listed in AMA Drug
Evaluations, latest edition, or Physician's Desk Reference, latest edition,
or which are administered for any of these purposes.  For the purposes of
Sections 2-107, 2-107.1, and 2-107.2 of this Act, "psychotropic medication"
also includes those tests and related procedures that are essential for the
safe and effective administration of a psychotropic medication.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/1-121.5)Sec. 1-121.5. (Repealed).
	 
	 (Source: P.A. 90-538, eff. 12-1-97. Repealed by P.A. 95-172, eff. 8-14-07.) (405 ILCS 5/1-122) (from Ch. 91 1/2, par. 1-122)Sec. 1-122. Qualified examiner. "Qualified examiner" means a person
who is:(a) a Clinical
social worker as defined in this Act,(b) a registered nurse with a master's degree in     psychiatric nursing who has 3 years of clinical training and experience in the evaluation and treatment of mental illness which has been acquired subsequent to any training and experience which constituted a part of the degree program,(c) a licensed clinical professional counselor with a     master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised post-master's  clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders, or(d) a licensed marriage and family therapist with a     master's or doctoral degree in marriage and family therapy from a regionally accredited educational institution or a similar master's program or from a program accredited by either the Commission on Accreditation for Marriage and Family Therapy or the Commission on Accreditation for Counseling Related Educational Programs, who has at least 3 years of supervised post-master's experience as a marriage and family therapist that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders.A social worker who is a qualified examiner shall be a licensed clinical
social worker under the Clinical Social Work and Social Work Practice Act.(Source: P.A. 96-1357, eff. 1-1-11; 97-333, eff. 8-12-11.) (405 ILCS 5/1-122.1) (from Ch. 91 1/2, par. 1-122.1)Sec. 1-122.1. 
"Clinical social worker" means a person who (1) has a
master's or doctoral degree in social work from an accredited graduate
school of social work and (2) has at least 3 years of supervised
post-master's clinical social work practice which shall include the
provision of mental health  services for the evaluation, treatment and
prevention of mental and emotional disorders.
(Source: P.A. 97-333, eff. 8-12-11.) (405 ILCS 5/1-122.4) (from Ch. 91 1/2, par. 1-122.4)Sec. 1-122.4. 
"Qualified intellectual disabilities professional" as used in
this Act means those persons who meet this definition under Section 483.430
of Chapter 42 of the Code of Federal Regulations, subpart G.
(Source: P.A. 97-227, eff. 1-1-12.) (405 ILCS 5/1-123) (from Ch. 91 1/2, par. 1-123)Sec. 1-123. 
		
		"Recipient of services" or "recipient" means a person who
has received or is receiving treatment or habilitation.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-124) (from Ch. 91 1/2, par. 1-124)Sec. 1-124. 
		
		"Responsible relative" means the spouse or, if the recipient
is under 18 years of age, parent of a recipient or client receiving services
in facilities or programs of the Department.  However, if the definition of
"responsible relative" in this Act is in conflict with the definition of
"responsible relative" in any Federal statute and rules or regulations
thereunder, under which the recipient or client is otherwise eligible to
receive benefits, the definition of the Federal Act, rules, or regulations
shall prevail.
		(Source: P.A. 88-380.) (405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)Sec. 1-125. 
"Restraint" means direct restriction through mechanical
means or personal physical force of the limbs, head or body of a recipient.
The partial or total immobilization of a recipient for the purpose
of performing a medical, surgical or dental procedure or as
part of a medically prescribed procedure for the treatment of an existing
physical disorder or the amelioration of a physical disability shall not
constitute restraint, provided that the duration, nature and purposes of
the procedures or immobilization are properly documented in the
recipient's record and, that if the procedures or immobilization are
applied continuously or regularly for a period in excess of 24 hours, and
for every 24 hour period thereafter during which the immobilization may
continue, they are authorized in writing by a physician or dentist; and
provided further, that any such immobilization which extends for more than
30 days be reviewed by a physician or dentist other than the one who
originally authorized the immobilization.Momentary periods of physical restriction by direct person-to-person
contact, without the aid of material or mechanical devices, accomplished
with limited force, and that are designed to prevent a recipient from
completing an act that would result in potential physical harm to himself
or another shall not constitute restraint, but shall be documented in the
recipient's clinical record.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/1-126) (from Ch. 91 1/2, par. 1-126)Sec. 1-126. 
		
		"Seclusion" means the sequestration by placement of a
recipient alone in a room which he has no means of leaving.  The
restriction of a recipient to a given area or room as part of a behavior
modification program which has been authorized pursuant to his individual
services plan shall not constitute seclusion, provided that such
restriction does not exceed any continuous period in excess of two hours
nor any periods which total more than four hours in any twenty-four hour
period and that the duration, nature and purposes of each such restriction
are promptly documented in the recipient's record. 
		(Source: P.A. 86-1402.) (405 ILCS 5/1-127) (from Ch. 91 1/2, par. 1-127)Sec. 1-127. 
		
		"Service provider" means any mental health or developmental
disabilities facility, or any other person which is devoted in whole or
part to providing mental health or developmental disabilities services.
		(Source: P.A. 80-1414.) (405 ILCS 5/1-128) (from Ch. 91 1/2, par. 1-128)Sec. 1-128. 
		
		"Treatment" means an effort to accomplish an improvement
in the mental condition or related behavior of a recipient. Treatment includes,
but is not limited to, hospitalization, partial hospitalization, outpatient
services, examination, diagnosis, evaluation, care, training, psychotherapy,
pharmaceuticals, and other services provided for recipients by mental health
facilities.
		(Source: P.A. 88-380.) (405 ILCS 5/1-129)Sec. 1-129. Mental illness. "Mental illness" means a mental, or
emotional disorder that substantially impairs a person's thought, perception of
reality,
emotional process, judgment, behavior, or ability to cope with the ordinary
demands of
life, but does not include a developmental disability, dementia or Alzheimer's
disease absent psychosis, a substance use 
disorder, or an
abnormality manifested only by repeated criminal or otherwise antisocial
conduct.
(Source: P.A. 100-759, eff. 1-1-19.)
(405 ILCS 5/Ch. II heading) CHAPTER II 
RIGHTS OF RECIPIENTS OF MENTAL HEALTH
AND DEVELOPMENTAL DISABILITIES SERVICES (405 ILCS 5/Ch. II Art. I heading) ARTICLE I.  
		RIGHTS (405 ILCS 5/2-100) (from Ch. 91 1/2, par. 2-100)Sec. 2-100. 
		
		(a) No recipient of services shall be deprived of any
rights, benefits, or privileges guaranteed by law, the Constitution of the
State of Illinois, or the Constitution of the United States solely on
account of the receipt of such services.(b) A person with a known or suspected mental illness or developmental
disability shall not be denied mental health or developmental services
because of age, sex, race, religious belief, ethnic origin, marital status,
physical or mental disability or criminal record unrelated to present
dangerousness.
		(Source: P.A. 86-1416.) (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 separate from a judicial proceeding held
to determine whether a person is subject to involuntary admission or meets
the standard for judicial admission.
(Source: P.A. 99-143, eff. 7-27-15.) (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 shall not be informed, without the consent of the adult, of such counseling or psychotherapy unless the counselor or therapist believes such disclosure is necessary. If the counselor or therapist intends to disclose the fact of counseling or psychotherapy, the adult shall be so informed. However, until the consent of the adult's guardian has been obtained, counseling or psychotherapy provided to an adult under guardianship shall be limited to not more than 12 sessions, a session lasting not more than 60 minutes.(b) The adult's guardian shall not be liable for the costs of counseling or psychotherapy which is received by the adult without the consent of the adult's guardian.
(Source: P.A. 101-59, eff. 7-12-19.) (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
reviewed with the participation of the recipient to the extent feasible
and the recipient's
guardian, the recipient's substitute decision maker, if any, or any other
individual
designated in writing by the recipient.  The facility shall advise the
recipient of
his or her right to designate a family member or other individual to
participate in the formulation and review of the treatment plan.  In
determining whether care and services are being provided in the least
restrictive environment, the facility shall consider the views of the
recipient, if any, concerning the treatment being provided.  The recipient's
preferences regarding emergency interventions under
subsection (d) of Section 2-200 shall be noted in the recipient's treatment
plan.(a-5) If
the services include the administration of electroconvulsive therapy or psychotropic medication,
the
physician or the physician's designee shall advise the recipient, in
writing, of the side effects,
risks, and benefits of
the treatment, as well as alternatives to the proposed treatment, to the
extent such advice is consistent with the recipient's ability to understand the
information communicated.
The physician shall determine and state in writing whether the
recipient has the capacity to make a reasoned decision about the treatment.
The physician or the physician's designee shall provide to the recipient's
substitute decision maker, if any, the same written information that is
required to be presented to the recipient in writing.
If
the recipient lacks the capacity to make a reasoned decision about the
treatment, the treatment may be administered only (i) pursuant to the
provisions
of Section 2-107 or 2-107.1 or (ii) pursuant to
a power of attorney for health care under the Powers of
Attorney for Health Care Law or a declaration for mental health treatment
under the Mental Health Treatment Preference Declaration
Act.
A surrogate decision maker, other than a court appointed guardian, under the
Health Care Surrogate Act  may not consent to the administration of electroconvulsive therapy or psychotropic medication.  A surrogate may, however, petition for administration of such
						
						treatment pursuant to this Act.
 If the recipient is under guardianship and the guardian is
authorized
to consent to the administration of electroconvulsive therapy or psychotropic medication pursuant
to subsection (c) of Section
2-107.1 of this Code,
the
physician shall advise the guardian in writing of the side effects and risks of
the treatment, alternatives to the proposed treatment, and the risks and
benefits of the treatment.  A qualified professional shall be responsible for overseeing
the implementation of such plan. Such care and treatment shall
make reasonable accommodation of any physical disability of the recipient,
including but not limited to
the regular use of sign language for any hearing impaired individual for
whom sign language is a primary mode of communication.
If the recipient is unable to communicate effectively in English, the
facility shall make reasonable efforts to provide services to the
recipient in a language that the recipient understands.(b) A recipient of services who is an adherent or a member of any
well-recognized religious denomination, the principles and tenets of which
teach reliance upon services by spiritual means through prayer alone for
healing by a duly accredited practitioner thereof, shall have the right to
choose such services. The parent or guardian of a recipient of services who
is a minor, or a guardian of a recipient of services who is not a minor,
shall have the right to choose services by spiritual means through prayer
for the recipient of services.
					(Source: P.A. 95-172, eff. 8-14-07.) (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 mail, telephone and visitation.(a) The facility director shall ensure that correspondence can be
conveniently received and mailed, that telephones are reasonably
accessible, and that space for visits is available.  Writing materials,
postage and telephone usage funds shall be provided in reasonable amounts
to recipients who reside in Department facilities and who are unable to
procure such items.(b) Reasonable times and places for the use of telephones and for visits
may be established in writing by the facility director.(c) Unimpeded, private and uncensored communication by mail, telephone,
and visitation may be reasonably restricted by the facility director only
in order to protect the recipient or others from harm, harassment or
intimidation, provided that notice of such restriction shall be given to
all recipients upon admission.  When communications are restricted, the
facility shall advise the recipient that he has the right to require the
facility to notify the affected parties of the restriction, and to notify
such affected party when the restrictions are no longer in effect.
However, all letters addressed by a recipient to the Governor, members of
the General Assembly, Attorney General, judges, state's attorneys,
Guardianship and Advocacy Commission, or the Agency designated pursuant to
"An Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named", approved
September 20, 1985, officers of the Department, or licensed attorneys at
law must be forwarded at once to the persons to whom they are addressed
without examination by the facility authorities.  Letters in reply from the
officials and attorneys mentioned above must be delivered to the recipient
without examination by the facility authorities.(d) No facility shall prevent any attorney who represents a recipient
or who has been requested to do so by any relative or family member of the
recipient, from visiting a recipient during normal business hours, unless
that recipient refuses to meet with the attorney.(e)  Whenever, as the result of the closing or the reduction in the number of units or available beds of any mental health facility operated by the Department of Human Services, the State determines to enter into a contract with any mental health facility to provide hospitalization to persons who would otherwise be served by the State-operated mental health facility, the resident shall be entitled to the same rights under this Section.(Source: P.A. 97-1007, eff. 8-17-12.) (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
therefor, except in the circumstances and under the conditions provided in this Section.(a) Possession and use of certain classes of property may be restricted
by the facility director when necessary to protect the recipient or others
from harm, provided that notice of such restriction shall be given to all recipients
upon admission.(b) The professional responsible for overseeing the implementation of
a recipient's services plan may, with the approval of the facility director,
restrict the right to property when necessary to protect such recipient
or others from harm.(c) When a recipient is discharged from the mental health or developmental
disabilities facility, all of his lawful personal property which is in the
custody of the facility shall be returned to him.
		(Source: P.A. 80-1414.) (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 service provider or financial institution with the approval of the
provider or financial institution.  Money deposited with a service provider
shall not be retained by the service provider.  Any earnings attributable
to a recipient's money shall accrue to him.Except where a recipient has given informed consent, no service provider
nor any of its employees shall be made representative payee for his social
security, pension, annuity, trust fund, or any other form of direct payment
or assistance.When a recipient is discharged from a service provider, all of his money,
including earnings, shall be returned to him.
		(Source: P.A. 80-1414.) (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 would be consistent with such plan.  A recipient who performs labor
which is of any consequential economic benefit to a service provider shall
receive wages which are commensurate with the value of the work performed,
in accordance with applicable federal and state laws and regulations.  A
recipient may be required to perform tasks of a personal housekeeping nature
without compensation.Wages earned by a recipient of services shall be considered money which
he is entitled to receive pursuant to Section 2-105, and such wages shall
be paid by the service provider not less than once a month.
		(Source: P.A. 80-1414.) (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 the recipient's right to
refuse medication or electroconvulsive therapy.  The recipient and the recipient's guardian or substitute
decision maker shall be given the opportunity to
refuse generally accepted mental health or developmental disability services,
including but not limited to medication or electroconvulsive therapy.  If such services are refused, they
shall not be given unless such services are necessary to prevent the recipient
from causing serious and imminent physical harm to the recipient or others and
no less restrictive alternative is available.
The facility director shall inform a recipient, guardian, or
substitute decision maker, if any, who refuses such
services of alternate services available and the risks of such alternate
services, as well as the possible consequences to the recipient of refusal of
such services.(b) Psychotropic medication or electroconvulsive therapy may be administered

under this Section for
up to 24 hours only if the circumstances leading up to the need for emergency
treatment are set forth in writing in the recipient's record.(c) Administration of medication or electroconvulsive therapy may not be continued unless the need
for such treatment is redetermined at least every 24 hours based upon a
personal examination of the recipient by a physician or a nurse under the
supervision of a physician and the circumstances demonstrating that need are
set forth in writing in the recipient's record.(d) Neither psychotropic medication nor electroconvulsive therapy may be administered under this
Section for a period in excess of 72 hours, excluding Saturdays, Sundays, and
holidays, unless a petition is filed  under Section 2-107.1 and the treatment
continues to be necessary under subsection (a) of this Section. Once the
petition has been filed, treatment may continue in compliance with subsections
(a), (b), and (c) of this Section until the final outcome of the hearing on the
petition.(e) The Department shall issue rules designed to insure that in
State-operated mental health facilities psychotropic medication and electroconvulsive therapy are

administered in accordance with this Section and only when appropriately
authorized and monitored by a physician or a nurse under the supervision
of a physician
in accordance with accepted medical practice.  The facility director of each
mental health facility not operated by the State shall issue rules designed to
insure that in that facility psychotropic medication and electroconvulsive therapy are administered
in
accordance with this Section and only when appropriately authorized and
monitored by a physician or a nurse under the supervision of a
physician in accordance with accepted medical practice.  Such rules shall be
available for public inspection and copying during normal business hours.(f) The provisions of this Section with respect to the emergency
administration of psychotropic medication and electroconvulsive therapy do not apply to facilities
licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act.(g) Under no circumstances may long-acting psychotropic medications be
administered under this Section.(h) Whenever psychotropic medication or electroconvulsive therapy is refused pursuant to subsection (a) of this Section at least once that day, the physician shall determine and state in writing the reasons why the recipient did not meet the criteria for administration of medication or electroconvulsive therapy under subsection (a) and whether the recipient meets the  standard for administration of psychotropic  medication or electroconvulsive therapy under Section 2-107.1 of this Code. If the physician determines that the recipient meets the standard for administration of psychotropic medication or electroconvulsive therapy

under Section 2-107.1, the facility director or his or her designee shall petition the court for administration of psychotropic medication or electroconvulsive therapy pursuant to that Section unless the facility director or his or her designee states in writing in the recipient's record why the filing of such a petition is not warranted. This subsection (h) applies only to State-operated mental health facilities.(i) The Department shall conduct annual trainings for all physicians and registered nurses working in State-operated mental health facilities on the appropriate use of emergency administration of psychotropic medication and electroconvulsive therapy, standards for their use, and the methods of authorization under this Section.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) (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 electroconvulsive therapy may be administered to an adult recipient of
services on an inpatient or outpatient basis without the informed consent of the recipient under the following
standards:(1) Any person 18 years of age or older, including     any guardian, may petition the circuit court for an order authorizing the administration of psychotropic medication and electroconvulsive therapy to a recipient of services. The petition shall state that the petitioner has made a good faith attempt to determine whether the recipient has executed a power of attorney for health care under the Powers of Attorney for Health Care Law or a declaration for mental health treatment under the Mental Health Treatment Preference Declaration Act and to obtain copies of these instruments if they exist.  If either of the above-named instruments is available to the petitioner, the instrument or a copy of the instrument shall be attached to the petition as an exhibit. The petitioner shall deliver a copy of the petition, and notice of the time and place of the hearing, to the respondent, his or her attorney, any known agent or attorney-in-fact, if any, and the guardian, if any, no later than 3 days prior to the date of the hearing. Service of the petition and notice of the time and place of the hearing may be made by transmitting them via facsimile machine to the respondent or other party.  Upon receipt of the petition and notice, the party served, or the person delivering the petition and notice to the party served, shall acknowledge service.  If the party sending the petition and notice does not receive acknowledgement of service within 24 hours, service must be made by personal service.The petition may include a request that the court     authorize such testing and procedures as may be essential for the safe and effective administration of the psychotropic medication or electroconvulsive therapy sought to be administered, but only where the petition sets forth the specific testing and procedures sought to be administered.If a hearing is requested to be held immediately     following the hearing on a petition for involuntary admission, then the notice requirement shall be the same as that for the hearing on the petition for involuntary admission, and the petition filed pursuant to this Section shall be filed with the petition for involuntary admission.(2) The court shall hold a hearing within 7 days of     the filing of the petition.  The People, the petitioner, or the respondent shall be entitled to a continuance of up to 7 days as of right.  An additional continuance of  not more than 7 days may be granted to any party (i) upon a showing that the continuance is needed in order to adequately prepare for or present evidence in a hearing under this Section or (ii) under exceptional circumstances.  The court may grant an additional continuance not to exceed 21 days when, in its discretion, the court determines that such a continuance is necessary in order to provide the recipient with an examination pursuant to Section 3-803 or 3-804 of this Act, to provide the recipient with a trial by jury as provided in Section 3-802 of this Act, or to arrange for the substitution of counsel as provided for by the Illinois Supreme Court Rules. The hearing shall be separate from a judicial proceeding held to determine whether a person is subject to involuntary admission but may be heard immediately preceding or following such a judicial proceeding and may be heard by the same trier of fact or law as in that judicial proceeding.(3) Unless otherwise provided herein, the procedures     set forth in Article VIII of Chapter III of this Act, including the provisions regarding appointment of counsel, shall govern hearings held under this subsection (a-5).(4) Psychotropic medication and electroconvulsive     therapy may be administered to the recipient if and only if  it has been determined by clear and convincing evidence that all of the following factors are present. In determining whether a person meets the criteria specified in the following paragraphs (A) through (G), the court may consider evidence of the person's history of serious violence, repeated past pattern of specific behavior, actions related to the person's illness, or past outcomes of various treatment options.(A) That the recipient has a serious mental         illness or developmental disability.(B) That because of said mental illness or         developmental disability, the recipient currently exhibits any one of the following: (i) deterioration of his or her ability to function, as compared to the recipient's ability to function prior to the current onset of symptoms of the mental illness or disability for which treatment is presently sought, (ii) suffering, or (iii) threatening behavior.(C) That the illness or disability has existed         for a period marked by the continuing presence of the symptoms set forth in item (B) of this subdivision (4) or the repeated episodic occurrence of these symptoms.(D) That the benefits of the treatment outweigh         the harm.(E) That the recipient lacks the capacity to make         a reasoned decision about the treatment.(F) That other less restrictive services have         been explored and found inappropriate.(G) If the petition seeks authorization for         testing and other procedures, that such testing and procedures are essential for the safe and effective administration of the treatment.(5) In no event shall an order issued under this     Section be effective for more than 90 days. A second 90-day period of involuntary treatment may be authorized pursuant to a hearing that complies with the standards and procedures of this subsection (a-5). Thereafter, additional 180-day periods of involuntary treatment may be authorized pursuant to the standards and procedures of this Section without limit. If a new petition to authorize the administration of psychotropic medication or electroconvulsive therapy  is filed at least 15 days prior to the expiration of the prior order, and if any continuance of the hearing is agreed to by the recipient, the administration of the treatment may continue in accordance with the prior order pending the completion of a hearing under this Section.(6) An order issued under this subsection (a-5) shall     designate the persons authorized to administer the treatment under the standards and procedures of this subsection (a-5). Those persons shall have complete discretion not to administer any treatment authorized under this Section. The order shall also specify the medications and the anticipated range of dosages that have been authorized and may include a list of any alternative medications and range of dosages deemed necessary.(a-10) The court may, in its discretion, appoint a guardian ad litem for a recipient before the court or authorize an existing guardian of the person to monitor treatment and compliance with court orders under this Section.(b) A guardian may be authorized to consent to the administration
of psychotropic medication or electroconvulsive therapy to an
objecting recipient only under the
standards and procedures of subsection (a-5).(c) Notwithstanding any other provision of this Section, a guardian may
consent to the administration of psychotropic medication or electroconvulsive therapy to a
non-objecting
recipient under Article XIa of the Probate Act of 1975.(d) Nothing in this Section shall prevent the administration of psychotropic medication or electroconvulsive therapy to recipients
in an emergency under Section 2-107 of
this Act.(e) Notwithstanding any of the provisions of this Section, psychotropic medication or electroconvulsive therapy may be administered pursuant to a power of attorney for
health care under the Powers of Attorney for Health Care Law or a declaration
for mental health treatment under the Mental Health Treatment Preference
Declaration Act over the objection of the recipient if the recipient has not revoked the power of attorney or declaration for mental health treatment as provided in the relevant statute.(f) The Department shall conduct annual trainings for physicians and registered nurses working in State-operated mental health facilities on the appropriate use of psychotropic medication and electroconvulsive therapy, standards for their use, and the preparation of court petitions under this Section.
(Source: P.A. 100-710, eff. 8-3-18.) (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 or on a regular basis for a
period of 3 months, and, if the treatment is continued while
the recipient
is a resident in that facility, every 6 months
thereafter, for so long as the treatment shall continue, the
facility
director shall convene a treatment review panel to review the treatment.(b) At least 7 days prior to the date of the meeting, the recipient, his
or her guardian, if any, and the person designated under subsection (b) of
Section 2-200 shall be given written notification of the time and place of the
treatment review meeting.  The notice shall also advise the recipient of his or
her right to designate some person to attend the meeting and assist the
recipient.(c) If, during the course of the review, the recipient or guardian, if
any, advises the committee that
he no longer agrees to continue receiving the treatment,
the treatment must be
discontinued except that the treatment may be administered
under either
Section 2-107 or 2-107.1.  If the recipient and guardian, if any, continues
to agree to the treatment, the treatment
shall be continued if the
committee determines that the recipient is receiving appropriate treatment and that the benefit to the recipient outweighs any risk of harm
to the
recipient.(d) The Department shall issue rules to implement the requirements of this
Section.
					(Source: P.A. 95-172, eff. 8-14-07.) (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 therapy but for whom it was determined that the filing of such a petition was not warranted as provided for in subsection (h) of Section 2-107 of this Code and the reasons for each such determination. The Department shall prepare and publish an annual report summarizing the information received under this Section. The Department's report shall include the data from each facility filing such a report and shall separately report the data from each such facility, identified by facility.
					(Source: P.A. 94-1066, eff. 8-1-06; 95-172, eff. 8-14-07.) (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, including the respondent, and     their attorneys, including the State's Attorney, are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported, and the judge and any court personnel are in another location; or(2) if the respondent and his or her attorney are at     a mental health facility or some other location to which the respondent may be safely and conveniently transported, and all of the other participants including the judge are in another location, if, and only if, agreed to by the respondent and the respondent's attorney.(b)  In any hearing under Section 2-107.1, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting that testimony.
(Source: P.A. 99-535, eff. 1-1-17.) (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 trained in the application of the particular type of restraint to be
utilized. In no event shall restraint be utilized  to punish or discipline a
recipient, nor is restraint to be used as a convenience for the staff.(a) Except as provided in this Section, restraint shall be employed only
upon the written order of a physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities.  No restraint
shall be ordered unless the physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice psychiatric nurse, or registered nurse with supervisory responsibilities, after personally
observing and examining the recipient, is clinically satisfied that the use of
restraint is justified to prevent the recipient from causing physical harm to
himself or others. In no event may restraint continue for longer than 2 hours
unless within that time period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a
physician confirms, in writing, following a personal examination of the
recipient, that the restraint does not pose an undue risk to the recipient's
health in light of the recipient's physical or medical condition.  The order
shall state the events leading up to the need for restraint and the purposes
for which restraint is employed.  The order shall also state the length of time
restraint is to be employed and the clinical justification for that length of
time.  No order for restraint shall be valid for more than 16 hours.  If
further restraint is required, a new order must be issued pursuant to the
requirements provided in this Section.(b) In the event there is an emergency requiring the immediate use
of restraint, it may be ordered temporarily by a qualified person only
where a physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities is not immediately
available.  In that event, an order by a nurse, clinical psychologist, clinical
social worker, clinical professional counselor, advanced practice psychiatric nurse, or physician shall be obtained pursuant to the requirements of
this Section as quickly as possible, and the recipient shall be examined by a
physician or supervisory nurse within 2 hours after the initial employment of
the emergency restraint. Whoever orders restraint in emergency situations shall
document its necessity and place that documentation in the recipient's record.(c) The person who orders restraint shall inform the facility director or
his designee in writing of the use of restraint within 24 hours.(d) The facility director shall review all restraint orders daily and shall
inquire into the reasons for the orders for restraint by any person who
routinely orders them.(e) Restraint may be employed during all or part of one 24 hour
period, the period commencing with the initial application of the
restraint.  However, once restraint has been employed during one 24 hour
period, it shall not be used again on the same recipient during the next
48 hours without the prior written authorization of the facility director.(f) Restraint shall be employed in a humane and therapeutic manner and
the person being restrained shall be observed by a qualified person as often
as is clinically appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the observations.
Specifically, unless there is an immediate danger that the recipient
will physically harm himself or others, restraint shall be loosely
applied to permit freedom of movement.  Further, the recipient shall be
permitted to have regular meals and toilet privileges free from the
restraint, except when freedom of action may result in physical harm to
the recipient or others.(g) Every facility that employs restraint shall provide training in the
safe and humane application of each type of restraint employed.
The facility shall not authorize the use of any type of restraint by an
employee who has not received training in the safe and humane application
of that type of restraint.  Each facility in which restraint is used shall
maintain records detailing which employees have been trained and are
authorized to apply restraint, the date of the training and the type of
restraint that the employee was trained to use.(h) Whenever restraint is imposed upon any recipient whose primary mode
of communication is sign language, the recipient shall be permitted to have
his hands free from restraint for brief periods each hour, except
when freedom may result in physical harm to the recipient or others.(i) A recipient who is restrained may only be secluded at the same time
pursuant to an explicit written authorization as provided in Section 2-109
of this Code.  Whenever a recipient is restrained, a member of the facility
staff shall remain with the recipient at all times unless the recipient has
been secluded.  A recipient who is restrained and secluded shall be
observed by a qualified person as often as is clinically appropriate but in
no event less than every 15 minutes.(j) Whenever restraint is used, the recipient shall be advised of his
right, pursuant to Sections 2-200 and 2-201 of this Code, to have any
person of his choosing, including the Guardianship and Advocacy Commission
or the agency designated pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Act  notified of the restraint.  A recipient
who is under guardianship may request that any person of his choosing be
notified of the restraint whether or not the guardian approves of the notice.
Whenever the Guardianship and Advocacy Commission is notified that a recipient
has been restrained, it shall contact that recipient to determine the
circumstances of the restraint and whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.) (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 recipient, nor is seclusion to be used as a convenience for the staff.(a) Seclusion shall be employed only upon the written order of a
physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities. No seclusion shall be ordered
unless the physician, clinical psychologist, clinical social worker, clinical professional counselor, advanced practice psychiatric nurse, or
registered nurse with supervisory responsibilities, after personally
observing and examining the recipient, is clinically satisfied that the use
of seclusion is justified to prevent the recipient from causing physical
harm to himself or others.  In no event may seclusion continue for longer
than 2 hours unless within that time
period a nurse with supervisory responsibilities, advanced practice psychiatric nurse, or a physician confirms in
writing, following a personal examination of the recipient, that the
seclusion does not pose an undue risk to the recipient's health in light of
the recipient's physical or medical condition.  The order
shall state the events leading up to the need for seclusion and the
purposes for which seclusion is employed.  The order shall also
state the length of time seclusion is to be employed and the clinical
justification for the length of time.  No order for seclusion shall be
valid for more than 16 hours.  If further seclusion is required, a new
order must be issued pursuant to the requirements
provided in this Section.(b) The person who orders seclusion shall inform the facility
director or his designee in writing of the use of seclusion within 24
hours.(c) The facility director shall review all seclusion orders daily and
shall inquire into the reasons for the orders for seclusion by any
person who routinely orders them.(d) Seclusion may be employed during all or part of one 16 hour
period, that period commencing with the initial application of the
seclusion. However,  once seclusion has been employed during one 16 hour
period, it shall not be used again on the same recipient during the next
48 hours without the prior written authorization of the facility director.(e) The person who ordered the seclusion shall assign a qualified
person to observe the recipient at all times.
A recipient who is restrained and secluded shall be observed by a qualified
person as often as is clinically appropriate but in no event less than once
every 15 minutes.(f) Safety precautions shall be followed to prevent injuries to the
recipient in the seclusion room.  Seclusion rooms shall be adequately
lighted, heated, and furnished.  If a door is locked, someone with a key
shall be in constant attendance nearby.(g) Whenever seclusion is used, the recipient shall be advised of his
right, pursuant to Sections 2-200 and 2-201 of this Code, to have any
person of his choosing, including the Guardianship and Advocacy Commission
notified of the seclusion.  A person who is under guardianship may request
that any person of his choosing be notified of the seclusion whether or not
the guardian approves of the notice.  Whenever the Guardianship and
Advocacy Commission is notified that a recipient has been secluded, it shall
contact that recipient to determine the circumstances of the seclusion and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.) (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 recipient's
parent or guardian is authorized, only with the approval of the court, to
provide informed consent for participation of the ward in any such services
which the guardian deems to be in the best interests of the ward.
		(Source: P.A. 90-538, eff. 12-1-97.) (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 improving patient care.(b) A report shall state the following for each quarter:(1) The number of persons who received the therapy,     including:(A) the number of persons who gave informed         consent to the therapy;(B) the number of persons confined as subject to         involuntary admission who gave informed consent to the therapy;(C) the number of persons who received the         therapy without informed consent pursuant to Section 2-107.1; and(D) the number of persons who received the         therapy on an emergency basis pursuant to subsection (d) of Section 2-107.1.(2) The age, sex, and race of the recipients of the     therapy.(3) The source of the treatment payment.(4) The average number of electroconvulsive     treatments administered for each complete series of treatments, but not including maintenance treatments.(5) The average number of maintenance     electroconvulsive treatments administered per month.(6) Any significant adverse reactions to the     treatment as defined by rule.(7) Autopsy findings if death followed within 14 days     after the date of the administration of the therapy.(8) Any other information required by the Department     by rule.(c) The Department shall prepare and publish an annual written report
summarizing the information received under this Section.
The report shall not contain any information that identifies or tends to
identify any facility, physician, health care provider, or patient.
(Source: P.A. 102-558, eff. 8-20-21.) (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 minor in electroconvulsive 
therapy if the parent or guardian deems it to be in the best interest of the
minor.  In addition to the requirements in Section 2-107.1, prior to the court
entering an order approving treatment by electroconvulsive therapy, 2 licensed
psychiatrists, one of which may
be the minor's treating psychiatrist, who have examined the patient must concur
in the determination that the minor should participate in treatment by electroconvulsive

therapy.
(Source: P.A. 102-558, eff. 8-20-21.) (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 emergency exists, if a physician or licensed dentist who examines
a recipient determines that the recipient is not capable of giving informed
consent, essential medical or dental procedures may be performed without
consent.  No physician nor licensed dentist shall be liable for a non-negligent
good faith determination that a medical or dental emergency exists or a
non-negligent good faith determination that the recipient is not capable of
giving informed consent.
		(Source: P.A. 85-971.) (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 concerning his admission, the facility shall immediately
attempt to make phone contact with at least two designated persons or
agencies or by mail within 24 hours.(b) Any person may request information from a developmental
disability or mental health facility relating to whether an adult recipient
or minor recipient admitted pursuant to Section 3-502 has been admitted to
the facility.  Any parties requesting information must submit proof of
identification and list their name, address, phone number, relationship to
the recipient and reason for the request.(c) The facility shall respond to the inquirer within 2 working days.
If the recipient is located at the facility, the facility director shall
inform the recipient of the request and shall advise the recipient that
disclosure of his presence at the facility will not obligate the recipient
to have contact with the inquirer.  No information shall be disclosed
unless the recipient consents in writing to the disclosure.(d) If the recipient has consented to the release of information the
facility shall inform the requesting party that the recipient is located at
the facility.  The facility shall, with the recipient's consent, tell the
requesting party how to contact the recipient.(e) When the recipient is not located at the facility or when the
recipient does not consent in writing to release such information, the
facility shall inform the consenting party that no information is available
regarding that person.(f) Transactions pursuant to this Section shall be noted in the
recipient's record.
		(Source: P.A. 86-1417.) (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 Disabilities Act or any
other attorney advises a facility in which a recipient is receiving
inpatient mental health services that he is presently representing the
recipient, or has been appointed by any court or administrative agency to
do so or has been requested to represent the recipient by a member of the
recipient's family, the facility shall, subject to the provisions of
Section 2-113 of this Code, disclose to the attorney or advocate
whether the recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the recipient.(b) The facility may take reasonable precautions to identify the
attorney or advocate. No further information shall be disclosed to the
attorney or advocate except in conformity with the authorization procedures
contained in the Mental Health and Developmental Disabilities
Confidentiality Act.(c) Whenever the location of the recipient has been disclosed to an
attorney or advocate, the facility director shall inform the recipient of
that fact and shall note this disclosure in the recipient's records.(d) An attorney or advocate who receives any information under this
Section may not disclose this information to anyone else without the
written consent of the recipient obtained pursuant to Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.) (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 circuit in this State.
		(Source: P.A. 92-120, eff. 1-1-02.) (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 monitoring devices placed in the
room pursuant to the Authorized Electronic Monitoring in
Community-Integrated Living Arrangements and Developmental Disability Facilities Act.(b) No person shall:(1) intentionally retaliate or discriminate against     any recipient for consenting to authorized electronic monitoring under the Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act; or(2) prevent the installation or use of an electronic     monitoring device by a recipient who resides in a developmental disability facility who has provided the staff of the developmental disability facility with notice and consent as required in Section 20 of the Authorized Electronic Monitoring in Community-Integrated Living Arrangements Act and Developmental Disability Facilities Act.A violation of this subsection is a business offense, punishable by a fine not to exceed $1,000. The State's Attorney of the county in which the developmental disability facility is located, or the Attorney General, shall be notified by the Director of any violations of this subsection. 
(Source: P.A. 101-229, eff. 1-1-20.) (405 ILCS 5/Ch. II Art. II heading) ARTICLE II.  
		PROCEDURES (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
years of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of the rights
guaranteed by this Chapter which are relevant to the nature of the
recipient's services
program. The notice shall include, if applicable, the recipient's right to request a transfer to a different Department facility under Section 3-908. Every facility shall also post conspicuously in public areas
a summary of the rights which are relevant to the services delivered by
that facility as well as contact information for the Guardianship and Advocacy Commission and the agency designated by the Governor under Section 1 of the Protection and Advocacy for Persons with Developmental
Disabilities Act.(b) A recipient who is 12 years of age or older and the parent or guardian
of a minor or person under guardianship at any time may designate, and upon
commencement of services shall be informed of the right to designate, a
person or agency to receive notice under Section 2-201 or to direct that
no information about the recipient be disclosed to any person or agency.(c) Upon commencement of services, or as soon thereafter as the
condition of the recipient permits, the facility shall ask the adult
recipient or minor recipient admitted pursuant to Section 3-502 whether the
recipient wants the facility to contact the recipient's spouse, parents,
guardian, close relatives, friends, attorney, 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
Disabilities Act, or others and
inform them of the recipient's presence at the facility.  The facility
shall by phone or by mail contact at least two of those people designated
by the recipient and shall inform them of the recipient's location.  If the
recipient so requests, the facility shall also inform them of how to
contact the recipient.(d) Upon commencement of services, or as soon thereafter as the condition
of the recipient permits, the facility shall advise the recipient as to the
circumstances under which the law permits the use of emergency forced
medication or electroconvulsive therapy under subsection (a) of Section 2-107, restraint under Section
2-108, or seclusion under Section 2-109.  At the same time, the facility shall
inquire of the recipient which form of intervention the recipient would prefer
if any of these circumstances should arise.  The recipient's preference shall
be noted in the recipient's record and communicated by the facility to the
recipient's guardian or substitute decision maker, if any, and any other
individual designated by the recipient.  If any such circumstances subsequently
do arise, the facility shall give due consideration to the preferences of the
recipient regarding which form of intervention to use as communicated to the
facility by the recipient or as stated in the recipient's advance directive.
(Source: P.A. 102-593, eff. 8-27-21.) (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 for promptly giving notice of the restriction or
use of restraint or seclusion and the reason therefor to:(1) the recipient and, if such recipient is a minor     or under guardianship, his parent or guardian;(2) a person designated under subsection (b) of     Section 2-200 upon commencement of services or at any later time to receive such notice;(3) the facility director;(4) the Guardianship and Advocacy Commission, or the     agency designated under "An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named", approved September 20, 1985, if either is so designated; and(5) the recipient's substitute decision maker, if any.The professional shall also be responsible for promptly recording
such restriction or use of restraint or seclusion and the
reason therefor in the recipient's record.(b) The facility director shall maintain a file of all notices of
restrictions of rights, or the use of restraint or seclusion for the past 3
years. The facility director shall allow the Guardianship and Advocacy
Commission, the agency designated by the Governor under Section 1 of "An
Act in relation to the protection and advocacy of the rights of persons
with developmental disabilities, and amending Acts therein named," approved
September 20, 1985, and the Department to examine and copy such records
upon request. Records obtained under this Section shall not be further
disclosed except pursuant to written authorization of the recipient under
Section 5 of the Mental Health and Developmental Disabilities
Confidentiality Act.
		(Source: P.A. 91-726, eff. 6-2-00.) (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 or expand, but shall not restrict or limit, the rights guaranteed to
recipients by this Chapter.
		(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 5/Ch. III heading) CHAPTER III 
ADMISSION, TRANSFER AND DISCHARGE
PROCEDURES FOR THE MENTALLY ILL (405 ILCS 5/Ch. III Art. I heading) ARTICLE I.  
		JURISDICTION; DUTIES OF STATE'S ATTORNEY (405 ILCS 5/3-100) (from Ch. 91 1/2, par. 3-100)Sec. 3-100. 
The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who are subject to involuntary admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VIII of this Chapter may be instituted as to any such inmate at any time
within 90 days prior to discharge of such inmate by expiration of sentence
or otherwise, and if such inmate is found to be subject to involuntary admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody. The circuit court has jurisdiction over all persons alleged to be in need of treatment  under Section 2-107.1 of this Code, whether or not they are charged with a felony. 
(Source: P.A. 99-179, eff. 7-29-15.) (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 attend such proceedings either in person or by assistant, and shall
ensure that petitions, reports and orders are properly prepared.  Nothing
herein contained shall prevent any party, including any petitioner, from being represented by his own
counsel.(b) Any community mental health provider or inpatient  mental health facility, including hospitals operated by the Department, may be represented by counsel in court proceedings under this Chapter if they are providing services or funding for services to the respondent, or if an order by the court directing said entity to provide services or funding for services to the respondent is being sought by any party. (Source: P.A. 97-375, eff. 8-15-11.) (405 ILCS 5/Ch. III Art. II heading) ARTICLE II.  
		GENERAL PROVISIONS (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 pursuant to the Unified Code of Corrections. A person transferred
by the Department of Corrections in this manner may be released only as
provided in the Unified Code of Corrections.(b) No person who is diagnosed as a person with an
intellectual disability or a person with a
developmental disability may be admitted or transferred to a Department mental
health facility or, any portion thereof, except as provided in this Chapter.
However, the evaluation and placement of such persons shall be governed by
Article II of Chapter 4 of this Code.
(Source: P.A. 99-143, eff. 7-27-15.) (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 forms in electronic format and post the forms to its website.
(Source: P.A. 97-752, eff. 7-6-12.) (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
documentation for such admission and status.(b) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any mental health facility to determine the
qualifications of persons who may be permitted to admit recipients to such
facility.  This subsection shall not affect or limit the powers of any court to
order hospitalization or admission to a program of alternative
treatment as set
forth in this Chapter.
		(Source: P.A. 91-357, eff. 7-29-99.) (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
which he understands.  Such statement or explanation shall be communicated in
sign language for any hearing impaired person for whom sign language is a
primary mode of communication. When a statement or explanation is provided in a
language other than English, or through the use of sign language, that fact and
the name of the persons by whom it was provided shall be noted in the
recipient's record.  This Section does not apply to copies of petitions and
court orders.
		(Source: P.A. 88-380.) (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
written statement explaining the person's legal status and his right to
counsel and to a court hearing.  Following admission, any changes in the
person's legal status shall be fully explained to him.  When an explanation
required by this Chapter must be given in a language other than English
or through the use of sign language, it shall be given within a reasonable
time before any hearing is held.
		(Source: P.A. 82-205.) (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 or arrange for a comprehensive physical
examination, mental examination, and social investigation of that person.  The
examinations and social investigation shall be used to determine whether some
program other than hospitalization will meet the needs of the person, with
preference being given to care or treatment that will enable the person to
return to his or her own home or community.
		(Source: P.A. 91-726, eff. 6-2-00.) (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 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.
		(Source: P.A. 88-380.) (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.  Each such committee
shall consist of a multi-disciplinary group of professional staff members who
are trained and equipped to deal with the clinical and treatment needs of
recipients. The recipient and the objector may be represented by persons of
their choice.(b) The committee shall not be bound by rules of evidence or procedure
but shall conduct the proceedings in a manner intended to ensure a fair
hearing.  The committee may make such investigation as it deems necessary.
A record of the proceedings shall be made and shall be kept in the recipient's
record.  Within 3 days of conclusion of the hearing, the committee shall
submit to the facility director its written recommendations which include its factual findings
and conclusions.  A copy of the recommendations shall be given to the recipient
and the objector.(c) Within 7 days of receipt of the recommendations, the facility director shall give written
notice to the recipient and objector of his acceptance or rejection of the
recommendations and his reason therefor.  If the director of the facility rejects the recommendations or if the
recipient or objector requests review of the director's decision, the director
shall promptly forward a copy of his decision, the recommendations, and the
record of the hearing to the Secretary of the Department for
final review.  The decision of the director or the decision of the
Secretary of the Department, if his review was requested,
shall be considered a final administrative decision.
(Source: P.A. 102-593, eff. 8-27-21.) (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 the person being examined in a simple comprehensible manner of the
purpose of the examination; that he does not have to talk to the examiner; and
that any statements he makes may be disclosed at a court hearing on the issue
of whether he is subject to involuntary admission.  If the person being
examined has not been so informed, the examiner shall not be permitted to
testify at any subsequent court hearing concerning the respondent's admission.
		(Source: P.A. 91-726, eff. 6-2-00.) (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 needs, a description of the services recommended for treatment,
the goals of each type of element of service, an anticipated timetable for
the accomplishment of the goals, and a designation of the qualified professional
responsible for the implementation of the plan. The plan shall include a
written assessment of whether or not the recipient is in need of psychotropic medications.  The plan shall be reviewed
and updated as the clinical condition warrants, but not less than every 30 days.
					(Source: P.A. 94-1066, eff. 8-1-06.) (405 ILCS 5/3-210) (from Ch. 91 1/2, par. 3-210)Sec. 3-210. Employee as perpetrator of abuse. When an initial investigation of a reported allegation  of abuse, neglect or financial exploitation of a recipient of services indicates, based upon credible evidence, that an employee of a mental health or developmental disability facility is the perpetrator of the abuse, that employee shall immediately be barred from any further contact with recipients of services of the facility. An employee barred from contact with recipients of services shall remain barred:(1) pending the outcome of any further investigation,     prosecution or disciplinary action against the employee; or(2) until the Department of Human Services Office of     Inspector General independently determines that the allegation or allegations against the employee will be unsubstantiated or unfounded in the Office of Inspector General's final investigative report.For the purposes of this Section, "credible evidence" is any evidence that relates to the allegation or incident and that is considered believable and reliable.
(Source: P.A. 102-501, eff. 1-1-22.) (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 developmental disability facility is the perpetrator of the
abuse, the condition of the recipient suspected of being the perpetrator
shall be immediately evaluated to determine the most suitable therapy and
placement, considering the safety of that recipient as well as the safety
of other recipients of services and employees of the facility.
		(Source: P.A. 86-1013.) (405 ILCS 5/Ch. III Art. III heading) ARTICLE III.  
		INFORMAL ADMISSION (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 director
considers that person clinically suitable for admission upon an informal
basis.(b) Each recipient admitted under this Section shall be informed in writing
and orally at the time of admission of his right to be discharged from the
facility at any time during the normal daily day-shift hours of operation,
which shall include but need not be limited to 9 a.m. to 5 p.m.  Such right to
be discharged shall commence with the first
day-shift hours of operation after his admission.(c) If the facility director decides to admit a person as a voluntary
recipient, he shall state in the recipient's record the reason why informal
admission is not suitable.
		(Source: P.A. 91-726, eff. 6-2-00.) (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. 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 a mental illness upon the
filing of an application with the facility director of the facility if the
facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.(b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:(1) He or she is being admitted to a mental health     facility.(2) He or she may request discharge at any time. The     request must be in writing, and discharge is not automatic.(3) Within 5 business days after receipt of the     written request for discharge, the facility must either discharge the person or initiate commitment proceedings.(c) No mental health facility shall require the completion of a petition or certificate as a condition of accepting the admission of a recipient who is being transported to that facility from any other inpatient or outpatient healthcare facility if the recipient has completed an application for voluntary admission to the receiving facility pursuant to this Section. (Source: P.A. 99-143, eff. 7-27-15.) (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; or2. Any interested person, 18 or older, at the request     of the person seeking admission; or3. A minor, 16 or older, as provided in Section 3-502.(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 5/3-401.1)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 another. An ambulance service, acting in good faith and without negligence in connection with the transportation of recipients shall incur no liability, civil or criminal, by reason of such transportation.
(Source: P.A. 97-375, eff. 8-15-11.) (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.) (405 ILCS 5/Ch. III Art. V heading) ARTICLE V.  
		ADMISSION OF MINORS (405 ILCS 5/3-500) (from Ch. 91 1/2, par. 3-500)Sec. 3-500. 
		
		A minor may be admitted to a mental health facility for
treatment of a mental illness or emotional disturbance only as provided
in this Article or as provided in Sections 3-10-5 or 5-2-4
of the Unified Code of
Corrections, as now or hereafter amended.
		(Source: P.A. 81-1497.) (405 ILCS 5/3-501)Sec. 3-501. (Repealed).
	 
	 (Source: P.A. 100-196, eff. 1-1-18. Repealed by P.A. 100-614, eff. 7-20-18.) (405 ILCS 5/3-502) (from Ch. 91 1/2, par. 3-502)Sec. 3-502. 
		
		Any minor 16 years of age or older may be admitted to a mental
health facility as a voluntary recipient under Article IV of this Chapter
if the minor himself executes the application.  A minor so admitted shall be
treated as an adult under
Article IV and shall be subject to all of the provisions of that Article.  The
minor's parent, guardian or person in loco parentis shall be immediately
informed of the admission. 
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/3-503) (from Ch. 91 1/2, par. 3-503)Sec. 3-503. Admission on application of parent or guardian.(a) Any minor may be admitted to a mental health
facility for inpatient treatment upon application to the facility
director, if the facility director finds that the minor
has a mental illness or emotional disturbance of such severity that
hospitalization is necessary and that the minor is likely to benefit
from inpatient treatment.  Except in cases of admission under
Section 3-504, prior to admission, a psychiatrist, clinical social worker, clinical professional counselor, or
clinical psychologist who has personally examined the minor shall state in
writing that the minor meets the standard for admission.  The statement shall
set forth in detail the reasons for that conclusion and shall indicate what
alternatives to hospitalization have been explored.(b) The application may be executed by a parent or guardian or, in
the absence of a parent or guardian, by a person in loco parentis.
Application may be made for a minor who is a youth in care as defined in Section 4d of the Children and Family Services Act by the
Department of Children and Family Services or by the Department of
Corrections.
(Source: P.A. 100-159, eff. 8-18-17.) (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)Sec. 3-504. Minors; emergency admissions.(a) A minor who is eligible for admission under Section 3-503 and who is in
a condition that immediate hospitalization is necessary may be admitted upon
the application of a parent or guardian, or person in loco parentis, or of an
interested person 18 years of age or older when, after diligent effort, the
minor's parent, guardian or person in loco parentis cannot be located or
refuses to consent to admission.
Following
admission of the minor, the facility director of the mental health facility
shall continue efforts to locate the minor's parent, guardian or person in loco
parentis.  If that person is located and consents in writing to the admission,
the minor may continue to be hospitalized.  However, upon notification of the
admission, the parent, guardian or person in loco parentis may request the
minor's discharge subject to the provisions of Section 3-508.(b) A peace officer may take a minor into custody and transport the minor
to a mental health facility when
the peace officer has reasonable grounds to believe that the minor is eligible
for admission under Section 3-503 and is in a condition that immediate
hospitalization is necessary in order to protect the minor or others from
physical harm.  Upon arrival at the facility,
the peace officer shall complete an application under Section 3-503 and shall
further include a detailed statement of the reason for the assertion that
immediate hospitalization is necessary, including a description of any acts or
significant threats supporting the assertion, the time and place of the
occurrence of those acts or threats, and the names, addresses and telephone
numbers of other witnesses of those acts or threats.(c) If no parent, guardian or person in loco parentis can be found
within 3 days, excluding Saturdays, Sundays or holidays, after the
admission of a minor, or if that person refuses either to consent to
admission of the minor or to request his discharge, a petition shall be
filed under the Juvenile Court Act of 1987 to ensure that appropriate
guardianship is provided.(d) If, however, a court finds, based on the evaluation by a
psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical
psychologist or the testimony or other information offered by a parent,
guardian, person acting in loco parentis or other interested adults, that
it is necessary in order to complete an examination of a minor, the court
may order that the minor be admitted to a mental health
facility pending examination and may order a peace officer or other person to
transport the minor to the facility.(e) If a parent, guardian, or person acting in loco parentis is unable
to transport a minor to a mental health facility for examination, the parent,
guardian, or person acting in loco parentis may petition the court to compel
a peace officer to take the minor into custody and transport the minor to
a mental health facility for examination.  The court may grant the order
if the court finds, based on the evaluation by a psychiatrist, licensed
clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony
of a parent, guardian, or person acting in loco parentis that the
examination is necessary and that the assistance of a peace officer is
required to effectuate admission of the minor to a
mental health facility.(f) Within 24 hours after admission under this Section, a psychiatrist
or clinical psychologist who has personally examined the minor shall
certify in writing that the minor meets the standard for admission. If no
certificate is furnished, the minor shall be discharged immediately.
(Source: P.A. 98-975, eff. 8-15-14.) (405 ILCS 5/3-505) (from Ch. 91 1/2, par. 3-505)Sec. 3-505. 
		
		The application for admission under Section 3-503 or 3-504
shall contain in large, bold-face type a statement in simple nontechnical
terms of the minor's objection and hearing rights under this Article.  A
minor 12 years of age or older shall be given a copy of the application
and his right to object shall be explained to him in an understandable manner.
A copy of the application shall also be given to the person who executed
it, to the minor's parent, guardian or person in loco parentis, and attorney,
if any, and to 2 other persons whom the minor may designate.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-506) (from Ch. 91 1/2, par. 3-506)Sec. 3-506. 
		
		Thirty days after the admission of a minor under Section 3-503
or 3-504, the facility director shall review the minor's record and assess
the need for continuing hospitalization.  The facility director shall consult
with the person who executed the application for admission if continuing
hospitalization is indicated and request authorization for continued treatment
of the minor.  The request and authorization shall be noted in the minor's
record.  Every 60 days thereafter a review shall be conducted and a new
authorization shall be secured from the person who executed the application
for as long as the hospitalization continues.  Failure or refusal to authorize
continued treatment shall constitute a request for the minor's discharge.
		(Source: P.A. 81-799.) (405 ILCS 5/3-507) (from Ch. 91 1/2, par. 3-507)Sec. 3-507. 
		
		(a) Objection may be made to the admission of a minor under
Section 3-503 or 3-504.  When an objection is made, the minor shall be
discharged
at the earliest appropriate time, not to exceed 15 days, excluding Saturdays,
Sundays and holidays, unless the objection is withdrawn in writing or unless,
within that time, a petition for review of the admission and 2 certificates
are filed with the court.(b) The written objection shall be submitted to the facility director of the
facility by an interested person 18 years of age or older on the minor's
behalf or by the minor himself if he is 12 years of age or older.  Each
objection shall be noted in the minor's record.(c) The 2 certificates which accompany the petition shall be executed
pursuant to Section 3-703. Each certificate shall be based upon a personal
examination and shall specify that the minor has a mental illness or an
emotional disturbance of such severity that hospitalization is necessary,
that he can benefit from inpatient treatment, and that a less restrictive
alternative is not appropriate.  If the minor is 12 years of age or older
the certificate shall state whether the minor was advised of his rights
under Section 3-208.
		(Source: P.A. 85-643.) (405 ILCS 5/3-508) (from Ch. 91 1/2, par. 3-508)Sec. 3-508. 
		
		Whenever a parent, guardian, or person in loco parentis
requests the discharge of a minor admitted under Section 3-503 or 3-504,
the minor shall be discharged at the earliest appropriate time, not to exceed
5 days to the custody of such person unless within that time the minor,
if he is 12 years of age or older, or the facility director objects to the
discharge in which event he shall file with the court a petition for
review of the admission accompanied by 2 certificates prepared pursuant
to paragraph (c) of Section 3-507.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-509) (from Ch. 91 1/2, par. 3-509)Sec. 3-509. 
		
		Upon receipt of a petition filed pursuant to Section 3-507
or 3-508, the court shall appoint counsel for the minor and shall set a
hearing to be held within 5 days, excluding Saturdays, Sundays  and holidays.
The court shall direct that notice of the time and place of the hearing
be served upon the minor, his attorney, the person who executed the application,
the objector, and the facility director.  The hearing shall be conducted
pursuant to Article VIII of this Chapter.  Hospitalization of the minor
may continue pending further order from the court.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-510) (from Ch. 91 1/2, par. 3-510)Sec. 3-510. 
		
		(a) The court shall disapprove the admission and order the
minor discharged if it determines that the minor does not have a mental
illness or an emotional disturbance of such a severity that hospitalization
is necessary, or if it determines that he cannot benefit from inpatient
treatment, or if it determines that a
less restrictive alternative is appropriate.  If any of these 3
conditions is met, the court shall order the minor discharged
from hospitalization.(b) If, however, the court finds that the minor does have a mental
illness or an emotional disturbance for which the minor is likely to
benefit from hospitalization, but that a less restrictive alternative is
appropriate, the court may order alternative treatment pursuant to Section 3-812.(c) Unless the
court orders the
discharge of the minor, the court shall authorize the continued hospitalization
of the minor for the remainder of the admission period or may make such
orders as it deems appropriate pursuant to Section 3-815.  When the court
has authorized continued hospitalization, no new objection to the hospitalization
of the minor may be heard for 20 days without leave of the court.
		(Source: P.A. 86-922.) (405 ILCS 5/3-511) (from Ch. 91 1/2, par. 3-511)Sec. 3-511. 
		
		Unwillingness or inability of the minor's parent, guardian,
or person in loco parentis to provide for his care or residence shall not
be grounds for the court's refusing to order the discharge of the minor.
In that case, a petition may be filed under the Juvenile Court Act of
1987 to ensure that appropriate care or residence is provided.
		(Source: P.A. 85-1209.) (405 ILCS 5/Ch. III Art. V-A heading) 
	 
  
  ARTICLE V-A.  RIGHT OF MINORS TO CONSENT TO COUNSELING SERVICES OR PSYCHOTHERAPY ON AN OUTPATIENT BASIS(Source: P.A. 100-614, eff. 7-20-18.) (405 ILCS 5/3-5A-105)Sec. 3-5A-105. (Renumbered). 
(Source: P.A. 100-614, eff. 7-20-18. Renumbered by P.A. 102-558, eff. 8-20-21.) (405 ILCS 5/3-550)Sec. 3-550. Minors 12 years of age or older request to receive
counseling services or psychotherapy on an outpatient basis.(a) Any minor 12 years of age or older may request and receive
counseling services or psychotherapy on an outpatient basis.  The consent
of the minor's parent, guardian, or person in loco parentis shall not be necessary
to authorize outpatient counseling services or psychotherapy. However, until the consent of the minor's parent, guardian,
or person in loco parentis has been obtained, outpatient counseling services or
psychotherapy provided to a minor under the age of 17
shall be initially limited to not more than 8 90-minute sessions. The service provider shall consider the factors contained in subsection (a-1) of this Section throughout the therapeutic process to determine, through consultation with the minor, whether attempting to obtain the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being.  No later than the eighth session, the service provider shall determine and share with the minor the service provider's decision as described below:(1) If the service provider finds that attempting to     obtain consent would not be detrimental to the minor's well-being, the provider shall notify the minor that the consent of a parent, guardian, or person in loco parentis is required to continue counseling services or psychotherapy.(2)  If the minor does not permit the service     provider to notify the parent, guardian, or person in loco parentis for the purpose of consent after the eighth session the service provider shall discontinue counseling services or psychotherapy and shall not notify the parent, guardian, or person in loco parentis about the counseling services or psychotherapy.(3)  If the minor permits the service provider to     notify the parent, guardian, or person in loco parentis for the purpose of consent, without discontinuing counseling services or psychotherapy, the service provider shall make reasonable attempts to obtain consent. The service provider shall document each attempt to obtain consent in the minor's clinical record. The service provider may continue to provide counseling services or psychotherapy without the consent of the minor's parent, guardian, or person in loco parentis if:(A) the service provider has made at least 2         unsuccessful attempts to contact the minor's parent, guardian, or person in loco parentis to obtain consent; and(B) the service provider has obtained the minor's         written consent.(4)  If, after the eighth session, the service     provider of counseling services or psychotherapy determines that     obtaining consent would be detrimental to the minor's     well-being, the service provider shall consult with his or her supervisor when possible to review and authorize the determination under subsection (a) of this Section. The service provider shall document the basis     for the determination in the minor's clinical record and     may then accept the minor's written consent to continue to     provide counseling services or psychotherapy without also     obtaining the consent of a parent, guardian, or person in     loco parentis.(5) If the minor continues to receive counseling     services or psychotherapy without the consent of a parent, guardian, or person in loco parentis beyond 8 sessions, the service provider shall evaluate, in consultation with his or her supervisor when possible, his or her determination    under this subsection (a), and review the determination every 60 days until counseling services or psychotherapy ends or the minor reaches age 17. If it is determined appropriate to notify the parent, guardian, or person in loco parentis and the minor consents, the service provider shall proceed under paragraph (3) of subsection (a) of this Section.(6) When counseling services or psychotherapy are     related to allegations of neglect, sexual abuse, or mental or physical abuse by the minor's parent, guardian, or person in loco parentis, obtaining consent of that parent, guardian, or person in loco parentis shall be presumed to be detrimental to the minor's well-being.(a-1) Each of the following factors must be present in order for the service provider to find that obtaining the consent of a parent, guardian, or person in loco parentis would be detrimental to the minor's well-being:(1) requiring the consent or notification of a     parent, guardian, or person in loco parentis would cause the minor to reject the counseling services or psychotherapy;(2) the failure to provide the counseling services or     psychotherapy would be detrimental to the minor's well-being;(3) the minor has knowingly and voluntarily sought     the counseling services or psychotherapy; and(4) in the opinion of the service provider, the minor     is mature enough to participate in counseling services or psychotherapy productively.(a-2) The minor's parent, guardian, or person in loco parentis shall not be informed of the counseling services or psychotherapy without the written consent of the minor unless the service provider believes the disclosure is necessary under subsection (a) of this Section. If the facility director or service provider intends to disclose the fact of counseling services or psychotherapy, the minor shall be so informed and if the minor chooses to discontinue counseling services or psychotherapy after being informed of the decision of the facility director or service provider to disclose the fact of counseling services or psychotherapy to the parent, guardian, or person in loco parentis,  then the parent, guardian, or person in loco parentis shall not be notified.  Under the Mental Health and Developmental Disabilities Confidentiality Act, the facility director, his or her designee, or the service provider shall not allow the minor's parent,  guardian, or person in loco parentis, upon request, to inspect or copy the minor's record or any part of the record if the service provider finds that there are compelling reasons for denying the access. Nothing in this Section shall be interpreted to limit a minor's privacy and confidentiality protections under State law.(b) The minor's parent, guardian, or person in loco parentis shall not
be liable for the costs of outpatient counseling services or psychotherapy which
is received by the minor without the consent of the minor's parent, guardian,
or person in loco parentis.(c) Counseling services or psychotherapy provided under this Section shall be provided in compliance with the Professional Counselor and Clinical Professional Counselor Licensing and Practice Act, the Clinical Social Work and Social Work Practice Act, or the Clinical Psychologist Licensing Act. 
(Source: P.A. 102-558, eff. 8-20-21.) (405 ILCS 5/Ch. III Art. VI heading) ARTICLE VI.  
		EMERGENCY ADMISSION BY CERTIFICATION (405 ILCS 5/3-600) (from Ch. 91 1/2, par. 3-600)Sec. 3-600. A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis and in need of immediate hospitalization may be admitted to a
mental health facility pursuant to this Article.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-601) (from Ch. 91 1/2, par. 3-601)Sec. 3-601. Involuntary admission; petition.(a) When a person is asserted to be subject to involuntary
admission on an inpatient basis and in such a condition that immediate hospitalization is necessary
for the protection of such person or others from physical harm, any person
18 years of age or older may present a petition to the facility director
of a mental health facility in the county where the respondent resides or is
present.  The petition may be prepared by the facility director of the
facility.(b) The petition shall include all of the following:1. A detailed statement of the reason for the     assertion that the respondent is subject to involuntary admission on an inpatient basis, including the signs and symptoms of a mental illness and a description of any acts, threats, or other behavior or pattern of behavior supporting the assertion and the time and place of their occurrence.2. The name and address of the spouse, parent,     guardian, substitute decision maker, if any, and close relative, or if none, the name and address of any known friend of the respondent whom the petitioner has reason to believe may know or have any of the other names and addresses.  If the petitioner is unable to supply any such names and addresses, the petitioner shall state that diligent inquiry was made to learn this information and specify the steps taken.3. The petitioner's relationship to the respondent     and a statement as to whether the petitioner has legal or financial interest in the matter or is involved in litigation with the respondent.  If the petitioner has a legal or financial interest in the matter or is involved in litigation with the respondent, a statement of why the petitioner believes it would not be practicable or possible for someone else to be the petitioner.4. The names, addresses and phone numbers of the     witnesses by which the facts asserted may be proved.(c) Knowingly making a material false statement in the petition is a Class
A misdemeanor.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-601.1)Sec. 3-601.1. 
		(Repealed). 
		(Source: P.A. 88-484.  Repealed by P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/3-601.2)Sec. 3-601.2. 
		Consent to admission by healthcare surrogate. 
		A
surrogate decision maker under the Health Care Surrogate Act may not consent to
the
admission to a mental health facility of a person who lacks decision making
capacity.  A surrogate may, however, petition for involuntary admission
pursuant to this Code.  This Section does not affect the authority of a court
appointed guardian.
		(Source: P.A. 90-538, eff. 12-1-97.) (405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)Sec. 3-602. 
The petition shall be accompanied by a certificate executed
by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states
that the respondent is subject to involuntary admission on an inpatient basis and requires immediate
hospitalization.  The certificate shall indicate that the physician, qualified
examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not
more than 72 hours prior to admission.  It shall also contain the physician's,
qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations,
other factual information relied upon in reaching a diagnosis, and a statement
as to whether the respondent was advised of his rights under Section 3-208.
(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/3-603) (from Ch. 91 1/2, par. 3-603)Sec. 3-603. 
(a) If no physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical
psychologist
is immediately available or it is not possible after a diligent effort to
obtain the certificate provided for in Section 3-602, the respondent may
be detained for examination in a mental health facility upon presentation
of the petition alone pending the obtaining of such a certificate.(b) In such instance the petition shall conform to the requirements of
Section 3-601 and further specify that:1. the petitioner believes, as a result of his     personal observation, that the respondent is subject to involuntary admission on an inpatient basis;2. a diligent effort was made to obtain a certificate;3. no physician, qualified examiner, psychiatrist, or     clinical psychologist could be found who has examined or could examine the respondent; and4. a diligent effort has been made to convince the     respondent to appear voluntarily for examination by a physician, qualified examiner, psychiatrist, or clinical psychologist, unless the petitioner reasonably believes that effort would impose a risk of harm to the respondent or others.(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/3-604) (from Ch. 91 1/2, par. 3-604)Sec. 3-604. 
		
		No person detained for examination under this Article on
the basis of a petition alone may be held for more than 24 hours unless
within that period a certificate is furnished to or by the mental health
facility.  If no certificate is furnished, the respondent shall be released forthwith.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-605) (from Ch. 91 1/2, par. 3-605)Sec. 3-605. (a) In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared
pursuant to this Article, the county sheriff of the county in which a
respondent is found shall take a respondent into
custody and transport him to a mental health facility, or may make
arrangements
with another public or private entity including a licensed ambulance service to
transport the respondent to the mental health facility.
In the event it
is determined by such facility that the respondent is in need of commitment
or treatment at another mental health facility, the county sheriff
shall transport the respondent to the appropriate mental health facility,
or the county sheriff may make arrangements with another public or private
entity including a licensed
ambulance service to transport the respondent to the mental health facility.(b) The county
sheriff
may delegate his duties under subsection (a) to another law enforcement body within
that county if that law enforcement body agrees.(b-5) In counties with a population under 3,000,000, upon   receipt  of  a  petition  and certificate prepared pursuant to  this  Article,  the   Department  shall make arrangements   to appropriately transport the respondent to a  mental  health facility. In the event it is determined by the facility that the  respondent  is  in  need  of  commitment or treatment at another mental health facility, the Department shall make arrangements  to  appropriately transport the respondent to another mental health facility. The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the respondent is admitted to any Department facility.  In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure  (i) the provision of trained personnel and  the  use  of an appropriate vehicle for the safe transport of the respondent and (ii) that the respondent's  insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.The Department may not  make  arrangements  with  an existing   hospital   or   grant-in-aid   or  fee-for-service community provider for  transportation  services  under  this  Section  unless  the  hospital  or  provider  has voluntarily submitted a proposal for its  transportation  services.   This requirement does not eliminate or reduce  any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.(c) The transporting authority acting in good faith and without negligence
in connection with the transportation of respondents shall incur no liability,
civil or criminal, by reason of such transportation.(d) The respondent
and the estate of that respondent are liable for the payment
of transportation costs for transporting the respondent to a mental health
facility.  If the respondent
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the respondent's
estate and shall not be subject to payment for transportation costs for
transporting the respondent to a mental health facility
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the respondent is unable to pay or if the estate
of the respondent is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount owing has been paid.
If the respondent is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the respondent's insurance
policy.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.) (405 ILCS 5/3-606) (from Ch. 91 1/2, par. 3-606)Sec. 3-606. A peace officer may take a person into custody and transport
him to a mental health facility when
the peace officer has reasonable grounds to believe that the person is
subject to involuntary admission on an inpatient basis and in need of immediate hospitalization
to protect such person or others from physical harm.  Upon arrival at the
facility, the peace officer may

complete the petition under Section 3-601. If the petition is not completed by the peace officer transporting the person, the transporting officer's name, badge number, and employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-607) (from Ch. 91 1/2, par. 3-607)Sec. 3-607. Court ordered temporary detention and examination. When, as
a result of personal observation and testimony in open court, any court has
reasonable grounds to believe that a person appearing before it is subject to
involuntary admission on an inpatient basis and in need of immediate hospitalization to protect such
person or others from physical harm, the court may enter an order for the
temporary detention and examination of such person. The
order
shall set forth in detail the facts which are the basis for its conclusion.
The court may order a peace officer to take the person into custody and
transport him to a mental health facility. The person may be detained for
examination for no more than 24 hours to determine whether or not she or he is subject to involuntary admission and in need of immediate hospitalization.  If a petition and certificate are executed within the 24 hours, the person may be
admitted provided that the certificate states that the person is both subject to involuntary admission and in need of immediate hospitalization. If the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization, the person may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. The  provisions of this Article shall apply to all petitions and certificates executed pursuant to this Section.  If no petition or
certificate is executed, the person shall be released.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-608) (from Ch. 91 1/2, par. 3-608)Sec. 3-608. 
		
		Upon completion of one certificate, the facility may begin
treatment of the respondent.  However, the respondent shall be informed
of his right to refuse medication and if he refuses, medication shall not
be given unless it is necessary to prevent the respondent from causing serious
harm to himself or others.  The facility shall record what treatment
is given to the respondent together with the reasons therefor.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-609) (from Ch. 91 1/2, par. 3-609)Sec. 3-609. 
		
		Within 12 hours after his admission, the respondent shall
be given a copy of the petition and a statement as provided in Section
3-206.  Not later than 24 hours, excluding Saturdays, Sundays and holidays,
after admission, a copy of the petition and statement shall be given or
sent to the respondent's attorney and guardian, if any.  The respondent
shall be asked if he desires such documents sent to any other persons, and
at least 2 such persons designated by the respondent shall receive such
documents.  The respondent shall be allowed to complete no less than 2
telephone calls at the time of his admission to such persons as he chooses.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-610) (from Ch. 91 1/2, par. 3-610)Sec. 3-610. 
As soon as possible but not later than 24 hours, excluding
Saturdays, Sundays and holidays, after admission of a respondent pursuant
to this Article, the respondent shall be personally examined by a psychiatrist.  The
psychiatrist may be a member of the staff of the facility but shall not
be the person who executed the first certificate. If a certificate has already been completed by a psychiatrist following the respondent's admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. If the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment.  If the respondent is
not examined or if the psychiatrist, physician, clinical psychologist, advanced practice psychiatric nurse, or qualified examiner does not execute a certificate pursuant
to Section 3-602, the respondent shall be released forthwith. For
the purpose of this Section, a personal examination includes an
examination performed in real time (synchronous examination)
via an Interactive Telecommunication System as defined in 89
Ill. Adm. Code 140.403(a)(5). An examination via an Interactive
Telecommunication System may only be used for certification
under this Section when a psychiatrist is not on-site within
the time period set forth in this Section. If the examination
is performed via an Interactive Communication System, that fact
shall be noted on the certificate. 
(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/3-611) (from Ch. 91 1/2, par. 3-611)Sec. 3-611. 
Within 24 hours, excluding Saturdays, Sundays and holidays,
after the respondent's admission under this Article, the facility director
of the facility shall file 2 copies of the petition, the first certificate,
and proof of service of the petition and statement of rights upon the respondent
with the court in the county in which the facility is located.  Upon completion
of the second certificate, the facility director shall promptly file it with
the court and provide a copy to the respondent.  The facility director shall make copies of the certificates
available to the attorneys for the parties upon request.  Upon the filing
of the petition and first certificate, the court shall set a hearing to
be held within 5 days, excluding Saturdays, Sundays and holidays, after
receipt of the petition.  The court shall direct that notice of the time
and place of the hearing be served upon the respondent, his responsible
relatives, and the persons
entitled to receive a copy of the petition pursuant to Section 3-609.
(Source: P.A. 98-865, eff. 8-8-14.) (405 ILCS 5/Ch. III Art. VII heading) ARTICLE VII.  ADMISSION ON AN INPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-700) (from Ch. 91 1/2, par. 3-700)Sec. 3-700. 
A person 18 years of age or older who is subject to involuntary
admission on an inpatient basis may be admitted to an inpatient mental health facility upon court order pursuant
to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-701) (from Ch. 91 1/2, par. 3-701)Sec. 3-701. (a) Any person 18 years of age or older may execute a petition
asserting that another person is subject to involuntary admission on an inpatient basis.  The
petition shall be prepared pursuant to paragraph (b) of Section 3-601 and
shall be filed with the court in the county where the respondent resides or is
present.(b) The court may inquire of the petitioner whether there are reasonable
grounds to believe that the facts stated in the petition are true and whether
the respondent is subject to involuntary admission.  The inquiry may proceed
without notice to the respondent only if the petitioner alleges facts
showing
that an emergency exists such that immediate hospitalization is necessary and
the petitioner testifies before the court as to the factual basis for the
allegations.(c) A petition for involuntary admission on an inpatient basis may be combined with or accompanied by a petition for involuntary admission on an outpatient basis under Article VII-A. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-702) (from Ch. 91 1/2, par. 3-702)Sec. 3-702. 
(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 admission on an inpatient basis and which contains
the other information specified in Section 3-602.(b) Upon receipt of the petition either with or without a certificate,
if the court finds the documents are in order, it may make such orders pursuant
to Section 3-703 as are necessary to provide for examination of the respondent.
If the petition is not accompanied by 2 certificates executed pursuant to
Section 3-703, the court may order the respondent to present himself for
examination at a time and place designated by the court.
If the petition is accompanied by 2 certificates executed pursuant to Section
3-703 and the court finds the documents are in order, it shall set the matter
for hearing.
(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/3-703) (from Ch. 91 1/2, par. 3-703)Sec. 3-703. 
If no certificate was filed, the respondent shall be examined
separately by a physician, or clinical psychologist, advanced practice psychiatric nurse, or qualified examiner
and by a psychiatrist.  If a certificate executed by a psychiatrist was
filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist.  If a certificate executed by a qualified
examiner, clinical psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist
was filed, the respondent shall be examined by a psychiatrist.  The
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other
persons listed in the petition for involuntary admission. If, as a
result of an examination, a certificate is executed, the certificate shall
be promptly filed with the court.  If a certificate is executed, the
examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may also submit for filing with the court a report in which
his findings are described in detail, and may rely upon such findings for
his opinion that the respondent is subject to involuntary admission on an inpatient basis.
Copies of the certificates shall be made available to the attorneys for the
parties upon request prior to the hearing. A certificate prepared in compliance with this Article shall state whether or not the respondent is in need of immediate hospitalization. However, if both the certificates state that the respondent is not in need of immediate hospitalization, the respondent may remain in his or her place of residence pending a hearing on the petition unless he or she voluntarily agrees to inpatient treatment. 
(Source: P.A. 101-587, eff. 1-1-20.) (405 ILCS 5/3-704) (from Ch. 91 1/2, par. 3-704)Sec. 3-704. Examination; 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 examination. If,
however, the
court finds that it is necessary in order to complete the examination the court
may order that the person be admitted to a mental health facility pending
examination and may order a peace officer or other person to transport the
person
there.  The examination shall be conducted at a local mental health facility
or hospital or, if possible, in the respondent's own place of residence.
No person may be detained for examination under this Section for more than 24
hours.  The person shall be released upon completion of the examination unless
the physician, qualified examiner or clinical psychologist executes a
certificate stating that the person is subject to involuntary admission on an inpatient basis and in
need of immediate hospitalization to protect such person or others from
physical harm.  Upon admission under this Section treatment may be given
pursuant to Section 3-608.(a-5) Whenever a respondent has been transported to a mental health
facility for an examination, the admitting facility shall inquire, upon the
respondent's arrival, whether the respondent wishes any person or persons to be
notified of his or her detention at that facility.  If the respondent does
wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate
the individual identified by the respondent, or
at least 2 individuals identified by the respondent
if more than one has been identified,
and notify them
of the respondent's detention at the facility for a mandatory examination
pursuant to court order.(b) Not later than 24 hours, excluding Saturdays, Sundays, and holidays,
after admission under this Section, the respondent shall be asked if he
desires the petition and the notice required under Section 3-206 sent to
any other persons and at least 2 such persons designated by the respondent
shall be sent the documents.  At the time of his admission the respondent
shall be allowed to complete not fewer than 2 telephone calls to such persons
as he chooses.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-704.1)Sec. 3-704.1. (Repealed).
	 
	 (Source: P.A. 91-837, eff. 6-16-00. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/3-705) (from Ch. 91 1/2, par. 3-705)Sec. 3-705. 
		
		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 personally or sent by mail to his attorney
and guardian, if any.  If the respondent is admitted to a mental health
facility for examination under Section 3-704, such notices may be delivered
at the time of service of the order for admission.
		(Source: P.A. 80-1414.) (405 ILCS 5/3-706) (from Ch. 91 1/2, par. 3-706)Sec. 3-706. 
		
		The court shall set a hearing to be held within 5 days,
excluding Saturdays, Sundays and holidays, after its receipt of the second
certificate or after the respondent is admitted to a mental health facility,
whichever is earlier.  The court shall direct that notice of the time and
place of hearing be served upon the respondent, his attorney, and guardian,
if any, his responsible relatives, and the facility director.
Unless the respondent is admitted pursuant to Section 3-704, he may remain
at his residence pending the hearing.  If, however, the court finds it
necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing.
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/Ch. III Art. VII-A heading) ARTICLE VII-A.  ADMISSION ON AN OUTPATIENT BASIS BY COURT ORDER
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 or other person upon court order pursuant to this Article.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 Section 3-601 and shall be filed with the court in the county where the respondent resides or is present.(b) The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts stated in the petition are true and whether the respondent is subject to involuntary admission on an outpatient basis.(c) A petition for involuntary admission on an outpatient basis may be combined with or accompanied by a petition for involuntary admission on an inpatient basis under Article VII.(d) Notwithstanding any other provision in this Chapter, a petition may be filed under this Article prior to the expiration of an agreed order for outpatient admission issued pursuant to Section 3-801.5 of this Chapter, provided that the recipient has refused to agree to an extension of the agreed order as provided in subsection (g) of Section 3-801.5. The filing of such a petition at least 5 days prior to the expiration of such an agreed order shall continue the order in effect pending the disposition of the petition.(e) A petition for involuntary outpatient commitment may be filed pursuant to this Section concerning a person who has been admitted to a mental health facility on an informal basis under Section 3-300 of this Code or as a voluntary recipient under Section 3-400 of this Code provided that such a person has a documented history of illness and treatment demonstrating that he or she is unlikely to continue to receive needed treatment following release from informal or voluntary admission and that an order for alternative treatment or for care and custody is necessary in order to ensure continuity of treatment outside a mental health facility. The filing of such a petition shall not prevent the recipient from requesting and obtaining a discharge pursuant to subsection (b) of Section 3-300 or Section 3-404, nor shall it prevent the facility director from discharging the recipient pursuant to Section 3-902 of this Code. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) (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 admission on an outpatient basis. The certificate shall indicate that the physician, qualified examiner, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not more than 72 hours prior to the completion  of the certificate. It shall also contain the physician's, qualified examiner's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his or her rights under Section 3-208.(b) Upon receipt of the petition either with or without a certificate, if the court finds the
documents are in order, it may make such orders pursuant to Section 3-753 as are necessary to
provide for examination of the respondent. If the petition is not accompanied by 2 certificates
executed pursuant to Section 3-753, the court may order the respondent to present himself or herself for
examination at a time and place designated by the court. If the petition is accompanied by 2
certificates executed pursuant to Section 3-753 and the court finds the documents are in order, the court
shall set the matter for hearing. 
(Source: P.A. 101-587, eff. 1-1-20.) (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
psychiatrist was filed, the respondent shall be examined by a physician, clinical psychologist,
qualified examiner, advanced practice psychiatric nurse, or psychiatrist. If a certificate executed by a qualified examiner, clinical
psychologist, advanced practice psychiatric nurse, or a physician who is not a psychiatrist was filed, the respondent shall be examined
by a psychiatrist. The examining physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or
psychiatrist may interview by telephone or in person any witnesses or other persons listed in the
petition for involuntary admission. If, as a result of an examination, a certificate is executed, the
certificate shall be promptly filed with the court. If a certificate is executed, the examining
physician, clinical psychologist, qualified examiner, advanced practice psychiatric nurse, or psychiatrist may also submit for filing
with the court a report in which his or her findings are described in detail, and may rely upon such
findings for his opinion that the respondent is subject to involuntary admission. Copies of the
certificates shall be made available to the attorneys for the parties upon request prior to the
hearing. 
(Source: P.A. 101-587, eff. 1-1-20.) (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 examination. If, however, the respondent refuses
to cooperate with an examination on an outpatient basis, the court may order that the person be
admitted to a mental health facility solely for the purpose of such examination and may order a
peace officer or other person to transport the person there. The examination shall be conducted at
a local mental health facility or hospital or, if possible, in the respondent's own place of
residence. No person may be detained for examination under this Section for more than 24 hours.
The person shall be released upon completion of the examination unless the physician, qualified
examiner or clinical psychologist executes a certificate stating that the person is subject to
 involuntary admission on an inpatient basis and in need of immediate hospitalization to protect
 such person or others from physical harm and a petition is filed pursuant to Section 3-701. Upon
 admission under this Section, treatment may be given pursuant to Section 3-608. If the respondent
 is admitted on an inpatient basis, the facility shall proceed pursuant to Article VII.(b) Whenever a respondent has been transported to a mental health facility for an

 examination, the admitting facility shall inquire, upon the respondent's arrival, whether the
respondent wishes any person or persons to be notified of his or her detention at that facility. If
the respondent does wish to have any person or persons notified of his or her detention at the
facility, the facility must promptly make all reasonable attempts to locate the individual identified
by the respondent, or at least 2 individuals identified by the respondent if more than one has been
identified, and notify them of the respondent's detention at the facility for a mandatory
examination pursuant to court order. 
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 personally or sent by mail to his or her  attorney
and guardian, if any. If the respondent is admitted to a mental health facility for examination
under Section 3-754, such notices may be delivered at the time of service of the order for
admission. 
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 respondent, his or her attorney, and guardian, if any, and his
or her responsible relatives. The respondent may remain at his residence pending the hearing. If,
however, the court finds it necessary, it may order a peace officer or another person to have the
respondent before the court at the time and place set for hearing. 
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (405 ILCS 5/Ch. III Art. VIII heading) ARTICLE VIII.  
		COURT HEARINGS (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 the mental health facility
where the respondent is hospitalized.  The respondent may
request to have the proceedings transferred to the county of his or her residence. The court shall grant the request if and only if the court determines that the transfer is necessary to ensure the attendance of any material witness.(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court.  Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.(c) Court hearings under this Chapter, including hearings under Section
2-107.1, shall be open to the press and public unless the
respondent or some other party requests that they be closed.  The court may
also indicate its intention to close a hearing, including when it determines
that the respondent may be unable to make a reasoned decision to request that
the
hearing be closed.  A request that a hearing be closed shall be
granted unless there is an objection to closing the hearing by a party or any
other person. If
an objection is made, the court shall not close the hearing unless, following a
hearing, it determines that the patient's interest in having the hearing closed
is compelling.  The court shall support its determination with written findings
of fact and conclusions of law.  The court shall not close the hearing if the
respondent objects to its closure.  Whenever a court determines that a hearing
shall be closed, access to the records of the hearing, including but not
limited to transcripts and pleadings, shall be limited to the parties involved
in the hearing, court personnel, and any person or agency providing mental
health services that are the subject of the hearing.  Access may also
be granted, however, pursuant to the provisions of the Mental Health and
Developmental
Disabilities Confidentiality Act.(d) The provisions of subsection (a-5) of Section 6 of the Rights of Crime Victims and Witnesses Act shall apply to the initial commitment hearing, as provided under Section 5-2-4 of the Unified Code of Corrections, for a respondent found not guilty by reason of insanity of a violent crime in a criminal proceeding and the hearing has been ordered by the court under this Code to determine if the defendant is:(1) in need of mental health services on an inpatient     basis;(2) in need of mental health services on an     outpatient basis; or(3) not in need of mental health services.While the impact statement to the court allowed under this subsection (d)  may include the impact that the respondent's criminal conduct has had upon the victim, victim's representative, or victim's family or household member, the court may only consider the impact statement along with all other appropriate factors in determining the:(i) threat of serious physical harm posed by the     respondent to himself or herself, or to another person;(ii) location of inpatient or outpatient mental     health services ordered by the court, but only after complying with all other applicable administrative requirements, rules, and statutory requirements;(iii) maximum period of commitment for inpatient     mental health services; and(iv) conditions of release for outpatient mental     health services ordered by the court.(e) Notwithstanding the provisions of Section 2-1009 of the Code of Civil Procedure, a respondent may object to a motion for voluntary dismissal and the court may refuse to grant such a dismissal for good cause shown. (Source: P.A. 99-220, eff. 7-31-15.) (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 approve such a request unless the facility
director
determines
that the respondent lacks the capacity to consent to informal or voluntary
admission or
that informal or voluntary admission is clinically inappropriate. The director
shall not
find that voluntary admission is clinically inappropriate in the absence of a
documented
history of the respondent's illness and treatment demonstrating that the
respondent is
unlikely to continue to receive needed treatment following release from
informal or
voluntary admission and that an order for involuntary admission on an outpatient basis is
necessary in order to ensure continuity of
treatment outside a mental health facility.If the facility director approves such a request, the
petitioner shall be notified of the request and of his or her right to object thereto, if the petitioner has requested such notification on that individual recipient. The court may dismiss the pending proceedings, but shall consider any objection made by the petitioner, the respondent, or the State's Attorney and may require proof that such
dismissal is in the best interest of the respondent and of the public.
If voluntary admission is accepted and the petition is dismissed by the court, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) (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 basis as provided for in Sections 3-811,
3-812, and 3-813 of this Code, provided that:(1) The court and the parties have been presented     with a written report pursuant to Section 3-810 of this Code containing a recommendation for court-ordered admission on an outpatient basis and setting forth in detail the conditions for such an order, and the court is satisfied that the proposal for admission on an outpatient basis is in the best interest of the respondent and of the public.(2) The court advises the respondent of the     conditions of the proposed order in open court and is satisfied that the respondent understands and agrees to the conditions of the proposed order for admission on an outpatient basis.(3) The proposed custodian is advised of the     recommendation for care and custody and agrees to abide by the terms of the proposed order.(4) No such order may require the respondent to be     hospitalized except as provided in subsection (b) of this Section.(5) No order may include as one of its conditions the     administration of psychotropic medication, unless the court determines, based on the documented history of the respondent's treatment and illness, that the respondent is unlikely to continue to receive needed psychotropic medication in the absence of such an order.(b) An agreed order of care and custody entered pursuant to this Section may
grant the custodian the authority to admit a respondent to a hospital if the
respondent fails
to comply with the conditions of the agreed order. If necessary in order to
obtain the
hospitalization of the respondent, the custodian may apply to the court for an
order
authorizing an officer of the peace to take the respondent into custody and
transport the
respondent to the hospital specified in the agreed order. The provisions of
Section 3-605
of this Code shall govern the transportation of the respondent to a mental
health facility,
except to the extent that those provisions are inconsistent with this Section.
However, a
person admitted to a hospital pursuant to powers granted under an agreed order
for care
and custody shall be treated as a voluntary recipient pursuant to Article IV of
this Chapter
and shall be advised immediately of his or her right to request a discharge
pursuant to
Section 3-403 of this Code.(c) If the court has appointed counsel for the respondent pursuant to
Section 3-805
of this Code, that appointment shall continue for the duration of any order
entered under
this Section, and the respondent shall be represented by counsel in any
proceeding held
pursuant to this Section.(d) An order entered under this Section shall not constitute a finding that
the
respondent is subject to involuntary admission on an inpatient or outpatient basis.(e) Nothing in this Section shall be deemed to create an agency relationship
between the respondent and any custodian appointed pursuant to this Section.(f) Notwithstanding any other provision of Illinois law, no respondent may
be
cited for contempt for violating the terms and conditions of his or her agreed
order of care
and custody.(g) An order entered under this Section may be extended with the agreement of the parties for additional 180-day periods. (Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.) (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 jurors in other civil
proceedings.
A respondent is not entitled to a jury on the question of whether psychotropic medication or electroconvulsive therapy may be administered under Section 2-107.1.(Source: P.A. 95-172, eff. 8-14-07; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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
condition.  Any such physician or other examiner so appointed may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission.  The report shall be filed
with the court and copies shall be made available to the attorneys for
the parties.
		(Source: P.A. 85-558.) (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 involuntary admission proceeding, a discharge proceeding under Section 3-901 of this Code,  or in a proceeding under Section 2-107.1 of this Code, the respondent
may request that the court order an examination to be made by a physician, qualified examiner,
clinical psychologist, or other expert.  Any such physician or other
examiner, whether secured by the respondent or appointed by the court, may
interview by telephone or in person any witnesses or other persons listed
in the petition for involuntary admission, the petition for discharge under Section 3-901 of this Code, or in the petition for medication or therapy under Section 2-107.1 of this Code.  The physician or other examiner
may submit to the court a report in which his or her findings are described in
detail. The court must determine the compensation of the examiner or other expert. The compensation must be paid by the respondent's county of residence unless the respondent is not a resident of this State, in which case the fee must be paid by the county in which the proceeding is pending.
(Source: P.A. 98-853, eff. 1-1-15.) (405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)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 is indigent
or an appearance has not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him.  A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel.  Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes is necessary.1.  If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Mental Health Advocacy Commission, if available.2. If an attorney from the Guardianship and Mental Health Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is unable to pay.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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's attendance would subject
him to substantial risk of serious physical or emotional harm.(b) The court shall make reasonable accommodation of any request by the
recipient's attorney concerning the location of the hearing.  If the
recipient's attorney advises the court that the recipient refuses to attend,
the hearing may proceed in his or her absence.(c) No inference may be drawn from the recipient's non-attendance pursuant
to either subsection (a) or (b) of this Section.
		(Source: P.A. 89-439, eff. 6-1-96.) (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 to the following provisions:(1) Such hearings are permitted if the parties,     including the respondent, and their lawyers, including the State's Attorney, are at a mental health facility, or some other location to which the respondent may be safely and conveniently transported, and the judge and any court personnel are in another location.(2) Such hearings are permitted if the respondent and     his or her counsel are at a mental health facility or some other location to which the respondent may be safely and conveniently transported, and all of the other participants including the judge are in another location, if, and only if, agreed to by the respondent and the respondent's counsel.(3) Video conferencing under this subsection (a)     shall not be permitted in a jury trial under Section 3-802 of this Article.(b) Notwithstanding the above provisions, any court may permit any witness, including a psychiatrist, to testify by video conferencing equipment from any location in the absence of a court rule specifically prohibiting such testimony. 
(Source: P.A. 96-1321, eff. 1-1-11.) (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 qualified examiner who has examined the respondent testifies in person at the hearing.  The
respondent may waive the requirement of the testimony subject to the
approval of the court.(Source: P.A. 101-587, eff. 1-1-20.) (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, eff. 8-20-10.) (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 involuntary admission on an inpatient or outpatient basis, the court shall
enter an order so specifying.  If the court is not satisfied with the verdict
of the jury finding the respondent subject to involuntary admission on an inpatient or outpatient basis, it
may set aside such verdict and order the respondent discharged or it may
order another hearing.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 settings, a social investigation of the respondent, a preliminary
treatment plan, and any other information which the court may order.
The treatment plan shall describe the respondent's problems and needs, the
treatment goals, the proposed treatment methods, and a projected timetable for
their attainment. If the respondent is found subject to involuntary admission on an inpatient or outpatient basis,
the court shall consider the report in determining an appropriate disposition.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 appropriate for and
available to the respondent, including but not limited to hospitalization.  The
court may order the respondent to undergo a program of hospitalization in a
mental health facility designated by the Department, in a licensed private hospital or private
mental health facility if it agrees, or in a facility of the United
States
Veterans Administration if it agrees. If any person is found subject to involuntary admission on an outpatient basis, the court may order the respondent
to undergo a program of alternative treatment; or the court may place the
respondent
in the care and custody of a relative or other person willing and able to
properly care for him or her.  The court shall order the least
restrictive alternative for treatment which is appropriate.(b) Whenever a person is found subject to involuntary admission on an inpatient or outpatient basis, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).(c) An order that a person is found subject to involuntary admission on an inpatient basis does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility. Before implementing an order, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient. (Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-130, eff. 7-14-11.) (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 the care and custody of a relative or other
person willing and able to properly care for him or her; or (ii) committing the respondent to alternative
treatment at a community mental health provider.(b) An order placing the respondent in the care and custody of a relative or other person shall
specify the powers and duties of the custodian. An order of care and custody entered pursuant to
this Section may grant the custodian the authority to admit a respondent to a hospital if the
respondent fails to comply with the conditions of the order. If necessary in order to obtain the
hospitalization of the respondent, the custodian may apply to the court for an order authorizing an
officer of the peace to take the respondent into custody and transport the respondent to a mental health facility. The provisions of Section 3-605 shall govern
the transportation of the respondent to a mental health facility, except to the extent that those
provisions are inconsistent with this Section. No person admitted to a hospital pursuant to this
subsection shall be detained for longer than 24 hours, excluding Saturdays, Sundays, and holidays,
unless, within that period, a petition for involuntary admission on an inpatient basis and a
certificate supporting such petition have been filed as provided in Section 3-611.(c) Alternative treatment shall not be ordered unless the program being
considered is capable of providing adequate and humane treatment in the least
restrictive setting which is appropriate to the respondent's condition. The court shall have continuing authority to modify an order for
alternative treatment if the recipient fails to comply with the order or is
otherwise found unsuitable for alternative treatment.  Prior to modifying
such an order, the court shall receive a report from the facility director
of the program specifying why the alternative treatment is unsuitable.  The
recipient shall be notified and given an opportunity to respond when
modification of the order for alternative treatment is considered. If the court determines that the
respondent has violated the order for alternative treatment in the community or that alternative
treatment in the community will no longer provide adequate assurances for the safety of the
respondent or others, the court may revoke the order for alternative treatment in the community
and
may order a peace officer to take the recipient into custody and transport him to an inpatient
mental health facility. The provisions of
Section 3-605 shall govern the transportation of the respondent to a mental health
facility, except to the extent that those provisions are inconsistent with this Section. No person
admitted to a hospital pursuant to this subsection shall be detained for longer than 24 hours,
excluding Saturdays, Sundays, and holidays, unless, within that period, a petition for involuntary
admission on an inpatient basis and a certificate supporting such petition have been filed as
provided in Section 3-611.(Source: P.A. 98-221, eff. 1-1-14.) (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
subject to involuntary admission on an inpatient or outpatient basis, a new petition and 2 new certificates may
be filed with the court. If a petition is filed, the facility director
shall file with the court a current treatment plan which includes an
evaluation of the recipient's progress and the extent to which he is
benefiting from treatment. If no petition is filed prior to the expiration
of the initial order, the recipient shall be discharged. Following a hearing,
the court may order a second period of commitment on an inpatient basis not to exceed 90
days only if it finds that the recipient continues to be subject to
involuntary admission on an inpatient basis. If, following a hearing, the court determines that

 the respondent is subject to involuntary admission on an outpatient basis as provided in Section

 3-812, the court may order the respondent committed on an outpatient basis for a

 period not to exceed 180 days.(a-1) An initial order of commitment on an outpatient basis shall be for a period not to

 exceed 180 days. Prior to the expiration of the initial order, if the facility director or the custodian

 believes that the recipient continues to be subject to involuntary admission on an outpatient basis,

 a new petition and 2 new certificates may be filed with the court. If a petition is filed, the facility

 director or the custodian shall file with the court a current treatment plan which includes an

 evaluation of the recipient's progress and the extent to which he or she  is benefiting from treatment. If

 no petition is filed prior to the expiration of the initial order, the recipient shall be discharged.

 Following a hearing, the court may order a second period of commitment on an outpatient basis
not to exceed 180 days only if it finds that the recipient continues to be subject to involuntary
admission on an outpatient basis.(b) Additional 180 day periods of inpatient or outpatient commitment may be sought pursuant to
the procedures set out in this Section for so long as the recipient continues
to meet the standard for such commitment. The provisions of this chapter which
apply whenever an initial order is sought shall apply whenever an
additional period of inpatient or outpatient commitment is sought.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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, an evaluation of the recipient's progress and the extent to
which he is benefiting from treatment, the criteria which form the basis for
the determination that the patient is
subject to involuntary admission as defined in Section 1-119, and the specific
behaviors or conditions that demonstrate that the recipient meets these
criteria for continued confinement.
If the facility director is unable to determine any of the required
information, the treatment plan shall include an explanation of why the
facility director is unable to make this determination, what the facility
director is doing to enable himself or herself to determine the information,
and the date by which the facility director expects to be able to make this
determination.  The facility director shall forward a copy of the plan to the
State's Attorney, the recipient's attorney, if the recipient is represented by
counsel, the recipient, and any guardian of the recipient.(b) The purpose of the filing, forwarding, and review of treatment plans
and treatment is to ensure that the recipient is receiving adequate and humane
care and services as defined in Section 1-101.2 and to ensure that the
recipient
continues to meet the standards for involuntary confinement.(c) On request of the recipient or an interested person on his behalf, or on
the court's own initiative,
the court shall review the current treatment
plan
to determine whether its contents comply with the requirements of this
Section and Section 3-209.
A request to review the current treatment plan may be made by the recipient,
or by an interested person on his behalf, 30 days after initial commitment
under Section 3-813, 90 days after the initial commitment, and 90 days after
each additional period of commitment under subsection (b) of Section 3-813.
If the court determines that any of the information required by this Section
or Section 3-209 to be included in the treatment plan is not in the treatment
plan or that the treatment plan does not contain information from which the
court can determine whether the recipient continues to meet the criteria for
continued confinement, the court shall indicate what is lacking and order the
facility director to revise the current treatment plan to comply with this
Section and Section 3-209.
If the recipient has been ordered committed to the facility after
he has been found not guilty by reason of insanity, the treatment plan and
its review shall be subject to the provisions of Section 5-2-4 of the
Unified Code of Corrections.(d) The recipient or an interested person on his or her behalf may request
a
hearing or the court on its own motion may order a hearing to review the
treatment being received by the recipient.  The court, the recipient, or the
State's Attorney may call witnesses at the hearing.
The court may order any public agency, officer, or
employee to render such information, cooperation, and assistance as is within
its legal authority and as may be appropriate to achieve the objectives
of this Section. The
court may order an independent examination on
its own initiative and shall order such an evaluation if either the recipient
or the State's Attorney so requests and has demonstrated to the court that the
plan cannot be effectively reviewed by the court without such an examination.
Under no circumstances shall the court be required to order an independent
examination pursuant to this Section more than once each year.  The examination
shall be conducted by persons authorized to conduct independent examinations
under Section 3-804.  If
the court is satisfied that the recipient is benefiting from treatment, it may
continue the original order for the remainder of the admission period.  If the
court is not so satisfied, it may modify its original order or
it may order the recipient discharged.(e) In lieu of a treatment plan, the facility director may file a typed
summary of the treatment plan which contains the information required under
Section 3-209 and subsection (a) of this Section.
		(Source: P.A. 91-536, eff. 1-1-00.) (405 ILCS 5/3-815)Sec. 3-815. (Repealed).
	 
	 (Source: P.A. 86-1402. Repealed by P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 copy of such
order shall be promptly given to the recipient or his or her attorney and
to the
facility director of the facility or alternative treatment to which the
recipient is admitted or to the person in whose care and
custody the recipient is placed.(b) An appeal from a final order may be taken in the same manner as in
other civil cases.  Upon entry of a final order, the court shall notify
the recipient orally and in writing of his or her right to appeal and, if
he
or she is indigent,
of his or her right to a free transcript and counsel.  The cost of the
transcript shall be paid pursuant to subsection (c) of Section 3-818 and
subsection (c) of Section 4-615
of this Code.  If the recipient
wishes to appeal and is unable to obtain counsel, counsel shall be
appointed pursuant to Section 3-805.
		(Source: P.A. 90-765, eff. 8-14-98.) (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
may assess costs of the proceedings against the parties.
If the respondent is not a resident of the county in which the hearing is
held and the party against whom the court would otherwise assess costs has
insufficient funds to pay the costs, the court may enter an order upon the
State to pay the cost of the proceedings, from funds appropriated by the
General Assembly for that purpose.(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code.  Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Comptroller.
					(Source: P.A. 95-146, eff. 1-1-08.) (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 person is able to do so safely and humanely.  When
the Department indicates that it has transportation to the facility available,
the order may authorize the Department to transport the recipient there.
The court may order the sheriff of the county in which such proceedings
are held to transport the recipient to the facility. When a recipient is
hospitalized upon court order, and the recipient has been transported to a
mental health facility, other than a state-operated mental health facility, and
it is determined by the facility that the recipient is in need of commitment or
treatment at another mental health facility, the court shall determine whether
a relative or friend of the recipient or the Department is authorized to
transport the recipient between facilities, or whether the county sheriff
is responsible for transporting the recipient between facilities.  The sheriff
may make arrangements with another public or private entity including a
licensed ambulance service to transport the recipient to the facility.  The
transporting entity acting in good faith and without negligence in connection
with the transportation of recipients shall incur no liability, civil or
criminal, by reason of such transportation.(a-5) In counties with a population under 3,000,000, 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 the  person  is able to do so safely and humanely.  The  court  may  order  the Department  to transport the recipient to the facility.  When  a recipient is hospitalized upon court order, and the recipient has  been transported to a mental health facility other than a State-operated mental health facility, and it is determined by the facility that the recipient is in need  of  commitment or  treatment  at  another  mental health facility, the court shall determine whether a relative or friend of the recipient is authorized to  transport  the  recipient between  facilities, or whether the Department  is  responsible  for  transporting  the   recipient   between facilities.   If the court determines that the Department is responsible for the transportation, the   Department   shall    make arrangements  either  directly  or  through  agreements  with another  public  or  private  entity,  including   a  licensed ambulance service, to appropriately transport the recipient to the facility.  The making of such arrangements and agreements with public or private entities is independent of the Department's role as a provider of mental health services and does not indicate that the recipient is admitted to any Department facility.   In making such arrangements and agreements with other public or private entities, the Department shall include provisions to ensure (i) the provision of trained personnel and  the  use  of an appropriate vehicle for the safe transport of the recipient and (ii) that the recipient's  insurance carrier as well as other programs, both public and private, that provide payment for such transportation services are fully utilized to the maximum extent possible.The Department may not  make  arrangements  with  an existing   hospital   or   grant-in-aid   or  fee-for-service community provider for  transportation  services  under  this  Section  unless  the  hospital  or  provider  has voluntarily submitted a proposal for its  transportation  services.   This requirement does not eliminate or reduce  any responsibility on the part of a hospital or community provider to ensure transportation that may arise independently through other State or federal law or regulation.A transporting entity acting in good faith and without negligence in connection with the transportation of a recipient incurs no liability, civil or criminal, by reason of that transportation.(b) The transporting entity may

bill the recipient,
the estate of the recipient, legally responsible relatives, or insurance
carrier for the cost of providing transportation of the recipient to a mental
health facility.  The recipient and the estate of the recipient are liable
for the payment of transportation costs for transporting the recipient to a
mental health facility.  If the recipient is a beneficiary of a trust
described in Section 509 of the Illinois Trust Code, the trust shall
not be considered a part of the recipient's estate and shall not be subject
to payment for transportation costs for transporting the recipient to a
mental health facility under this section, except to the extent permitted
under Section 509 of the Illinois Trust Code.  If the recipient is
unable to pay or if the estate of the recipient is insufficient, the
responsible relatives are severally liable for the payment of those sums or
for the balance due in case less than the amount owing has been paid.  If
the recipient is covered by insurance, the insurance carrier shall be
liable for payment to the extent authorized by the recipient's insurance
policy.(c) Upon the delivery of a recipient to a facility, in accordance with the
procedure set forth in this Article, the facility director of the facility
shall sign a receipt acknowledging custody of the recipient and for any
personal property belonging to him, which receipt shall be filed with the clerk
of the court entering the hospitalization order.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.) (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 order
of protection alleges that a person who is party to or the subject of the
proceeding has been abused by or has abused a family or household member.
The Illinois Domestic Violence Act of 1986 shall govern the issuance,
enforcement, and recording of orders of protection issued
under this Section.
		(Source: P.A. 92-16, eff. 6-28-01.) (405 ILCS 5/Ch. III Art. IX heading) ARTICLE IX.  
		DISCHARGE RESTORATION TRANSFER (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 county where the recipient resides or
is found.(b) The petition shall set forth:  (1) the name of the recipient; (2) the
underlying circumstances and date of the order; (3) a request for discharge
from the order; and (4) the reasons for such request.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 of the time and place of the hearing be given to the recipient,
his attorney, his guardian, the facility director, the person having care
and custody of the recipient, and to at least 2 persons whom the recipient may
designate.(b) Article VIII of this Chapter applies to hearings held under this
Section. The court shall

 determine whether the recipient is: (i) subject to involuntary admission on an inpatient basis; (ii)

 subject to involuntary admission on an outpatient basis; or (iii) not subject to involuntary

 admission on either an inpatient or outpatient basis. If the court finds that the recipient is not subject to involuntary
admission on an inpatient or outpatient basis, the court shall enter an order so finding and discharging the
recipient. If the court orders the discharge of a recipient who was
adjudicated as having mental illness pursuant to any prior statute of this
State or who was otherwise adjudicated to be under legal disability, the court
shall also enter an order restoring the recipient to legal status without
disability unless the court finds that the recipient continues to be under
legal disability.  A copy of any order discharging the recipient shall be given
to the recipient and to the facility director.(b-1) If the court determines that the recipient is subject to involuntary admission on an
outpatient basis, the court shall enter an appropriate order pursuant to Section 3-812.(c) If the court determines that the recipient continues to be subject to
involuntary admission on an inpatient basis, the court may continue or modify its original order in
accordance with this Act.  Thereafter, no new petition for discharge may be
filed without leave of court.(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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 recipient admitted upon court
order under this Chapter or any prior statute where he is no longer subject
to involuntary admission on an inpatient basis.  If the facility director believes that continuing
treatment is advisable for such recipient, he shall inform the recipient of his
right to remain as an informal or voluntary recipient. If the facility director determines that the recipient is subject to involuntary admission
on an outpatient basis, he or she shall petition the court for such a commitment pursuant to this Chapter.(c) When a facility director discharges or changes the status of a recipient
pursuant to this Section he shall promptly notify the clerk of the court
which entered the original order of the discharge or change in status. Upon
receipt of such notice, the clerk of the court shall note the action taken in
the court record.  If the person being discharged is a person under legal
disability, the facility director shall also submit a certificate regarding his
legal status without disability pursuant to Section 3-907.(d) When the facility director determines that discharge is appropriate
for a recipient pursuant to this Section or Section 3-403 he or she shall
notify the state's attorney of the county
in which the recipient resided immediately prior to his admission to a mental
health facility and the state's attorney of the county where the last
petition for commitment was filed at least 48 hours prior to the discharge when
either state's attorney has requested in writing such notification on that
individual recipient or when
the facility director regards a recipient as a continuing threat to the peace
and safety of the community.  Upon receipt of such notice, the state's attorney
may take any court action or notify such peace officers that he deems
appropriate. When the facility director determines that discharge is appropriate for a recipient pursuant to this Section or Section 3-403, he or she shall notify the person whose petition pursuant to Section 3-701 resulted in the current hospitalization of the recipient's discharge at least 48 hours prior to the discharge, if  the petitioner has requested in writing such notification  on that individual recipient.(e) The facility director may grant a temporary release to a recipient whose
condition is not considered appropriate for discharge where such release
is considered to be clinically appropriate, provided that the release does
not endanger the public safety.(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.) (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,
guardian, or person in loco parentis who executed the application for
admission, to the resident school district when appropriate, and to the minor
if he is l2 years of age or older.  The notice, except that to the school
district, shall include the reason for discharge and a statement of the right
to object.  Whenever possible, this notice shall be given at least 7 days prior
to the date of intended discharge.(b) A recipient may object to his discharge or his attorney or guardian
may object on his behalf.  In the case of a minor, his attorney, the person
who executed the application or the minor himself if he is 12 years of age
or older may object to the discharge.  Prior to discharge a written objection
shall be submitted to the facility director of the mental health facility
where the recipient is located.  Upon receipt of an objection, the facility
director shall promptly schedule a hearing to be held within 7 days at the
facility pursuant to Section 3-207.  No discharge shall proceed pending
hearing on an objection, unless the person objecting to the discharge consents
to discharge pending the outcome of the hearing.(c) At the hearing the Department shall have the burden of proving that
the recipient meets the standard for discharge under this Chapter and under
Section 15 of the Mental Health and Developmental Disabilities Administrative
Act.  If the utilization review committee finds
that the Department sustained its burden and that the proposed discharge is
based upon substantial evidence, it shall recommend that the discharge proceed.
 If the utilization review committee does not so find, it shall recommend that
the recipient not be discharged but it may recommend that the recipient be
transferred to another mental health facility which can provide treatment
appropriate to the clinical condition and needs of the recipient.  It may
recommend that the Department or other agency assist the person in obtaining
such appropriate treatment.
		(Source: P.A. 88-380; 89-507, eff. 7-1-97.) (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 provisions.
		(Source: P.A. 88-380.) (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 the order of admission and the clerk
of the court shall file the order in the court record.
		(Source: P.A. 83-346.) (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
modification of the guardianship order of the court or for restoration to legal
status without disability.  The petition may be filed in the court which
adjudicated the person to be under legal disability or in the court of the
county where he resides or is present.  The petition may be accompanied by a
certificate of a physician, qualified examiner, or clinical psychologist or by
a notice of discharge issued pursuant to this Chapter.  The certificate shall
indicate the extent to which the recipient is capable of managing his person
and estate.  If no certificate accompanies the petition, the court may appoint
a physician, qualified examiner, or clinical psychologist to examine the
recipient and prepare a certificate regarding his status without disability.(b) The procedures for conduct of hearings set forth in Article VIII of
this Chapter apply to hearings held under this Section.
		(Source: P.A. 88-380.) (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 effective
date of this Act unless, prior to that date, a hearing is held pursuant
to the provisions of the Probate Act of 1975, approved August 7, 1975, as
now or hereafter amended, and a guardian is appointed.
		(Source: P.A. 83-706.) (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
clinically advisable and consistent with the treatment needs of the recipient.(b) A recipient, his or her attorney, guardian, if any, and responsible relative, in any Department facility may make a written application to the facility director of the recipient's current facility to transfer to another Department facility. The Department shall provide the form to make such an application to a recipient, his or her attorney, guardian, if any, and responsible relative upon request. A recipient of services shall not include a person with the primary diagnosis of a developmental disability.(c) Upon receipt of the recipient's application, the facility director shall promptly schedule a hearing to be held within 7 days under Section 3-207. The hearing shall be held at the recipient's current facility.(d) At the hearing the recipient shall have the burden of proving that:(1) the facility to which the recipient is requesting     a transfer to a less restrictive facility that provides treatment which is more clinically appropriate for the recipient. If the recipient refuses the transfer it shall be considered the same as if the recipient was denied a transfer and the recipient shall be prohibited from making another request for 180 days after the initial denial of transfer; and(2)  the transfer does not threaten the safety of the     recipient or others.If the utilization review committee finds that the recipient has sustained his burden and the request for transfer is supported by substantial evidence, it shall recommend that the transfer proceed within 30 days. If it does not so find, it shall recommend that the recipient not be transferred. If the transfer to a less restricted facility cannot be executed due to lack of beds, the transferring facility shall inform the recipient and his petitioning attorney or guardian, in writing, and provide an estimated time frame for the transfer.(e)  If a recipient's application for transfer is denied, no application may be filed for 180 days. The recipient does, however, have the right to administratively appeal any decision of the utilization review committee. 
(Source: P.A. 102-593, eff. 8-27-21.) (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
program of alternative treatment, to care and custody, or to the care and
custody of a different person.  His attorney, guardian, custodian, or
responsible relative may file such a petition on his behalf.  If the recipient
is in a private facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans Administration
facilities may petition for transfer to a mental health facility designated
by the Department.
Recipients may petition for transfer to a program of alternative treatment, or
to care and custody.  Recipients in private facilities may also petition for
transfer to United States Veterans Administration facilities.  Recipients in
United States Veterans Administration facilities may also petition for transfer
to private facilities.  Recipients in Department facilities may petition for
transfer to a private mental health facility, a United States Veterans
Administration facility, a program of alternative treatment, or to care and
custody.  Admission to a United States Veterans Administration facility
shall be governed by Article X of this Chapter 3.  No transfers between
Department facilities or between units of the same facility may be ordered
under this Section.  An order for hospitalization shall not be entered
under this Section if the original order did not authorize hospitalization
unless a hearing is held pursuant to Article VIII of this Chapter. An order of transfer entered under this Section does not eliminate any obligations under the federal Emergency Medical Transport and Active Labor Act (EMTALA) of the transferring facility toward the receiving facility.  Before implementing an order of transfer, the transferring facility shall notify the receiving facility of the recipient and obtain medical clearance for the recipient. 
(Source: P.A. 97-130, eff. 7-14-11.) (405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)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 of the facility shall give
written notice at least 14 days before the transfer to the recipient, his
attorney, guardian, if any, and responsible relative.  In the case of a
minor, notice shall be given to his attorney, to the parent, guardian,
or person in loco parentis who executed the application for his
admission, and to the minor himself if he is 12 years of age or older.
The notice shall include the reasons for transfer, a statement of the
right to object and the address and phone number of the Guardianship and
Advocacy Commission.  If the recipient requests, the facility director shall
assist him in contacting the Commission.(b) In an emergency, when the health of the recipient or the physical
safety of the recipient or others is imminently imperiled and appropriate
care is not available where the recipient is located, a recipient may be
immediately transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48 hours after
transfer.  The reason for the emergency shall be noted in the recipient's
record and specified in the notice.(c) A recipient may object to his transfer or his attorney, guardian,
or responsible relative may object on his behalf.  In the case of a
minor, his attorney, the person who executed the application for
admission, or the minor himself if he is 12 years of age or older, may
object to the transfer.  Prior to transfer or within 14 days after an
emergency transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is located.  Upon
receipt of an objection, the facility director shall promptly schedule a
hearing to be held within 7 days pursuant to Section 3-207.  The hearing
shall be held at the transferring facility except that when an emergency
transfer has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed pending
hearing on an objection.(d) At the hearing the Department shall have the burden of proving
that the standard for transfer under Section 3-908 is met. If the transfer
is to a facility which is substantially more physically restrictive than
the transferring facility, the Department shall also prove that the
transfer is reasonably required for the safety of the recipient or others.
If the utilization review committee finds that the Department has sustained
its burden and the decision to transfer is based upon substantial evidence,
it shall recommend that the transfer proceed.  If it does not so find, it
shall recommend that the recipient not be transferred.
		(Source: P.A. 88-380.) (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 conservator, guardian, or other legally authorized representative a written aftercare plan prior to the recipient's discharge from the facility.
 The written aftercare plan shall include, to the extent known, all of the following components:(1) the nature of the illness and followup required;(2) medications including side effects and dosage     schedules;(3) if the recipient was given an informed consent     form with his or her medications, the form shall satisfy the requirement for information on side effects of the medications;(4) expected course of recovery;(5) recommendations regarding treatment that is     relevant to the recipient's care;(6) referrals to providers of medical and mental     health services; and(7) other relevant information.(b)  The recipient shall be advised by facility personnel that he or she may designate another person to receive a copy of the aftercare plan.
(Source: P.A. 102-420, eff. 1-1-22.) (405 ILCS 5/Ch. III Art. X heading) ARTICLE X.  
		VETERANS ADMINISTRATION FACILITIES (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 that the person is eligible to receive them.  A person so admitted is
subject to the rules and regulations of the Veterans Administration or other
agency of the United States government which operates the facility in which
such treatment is provided.(b) The chief officer of such facility has with respect to a person admitted
under this Chapter, the same powers and duties as the facility director.(c) A person employed by the Veterans Administration as a physician may
perform the functions of a physician under this Act insofar as relates to
a person who is or is proposed to be admitted to a Veterans Administration facility.
		(Source: P.A. 80-1414.) (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
Administration, the Director of the Veterans Administration Regional Office
which has so rated the veteran may notify the court which found that the person
has a mental illness or under legal disability of such rating.  The court may
restore the person to legal status without disability on the basis of the
documents filed or may order a hearing.
		(Source: P.A. 88-380.) (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 the United States government, to any licensed private hospital which
has agreed to accept the recipient or, subject to the approval of the
Department, to a Department facility.  The Department may transfer any
recipient admitted to a Department facility, to a facility of the Veterans
Administration or other appropriate agency of the United States Government,
subject to eligibility and the prior approval of the agency.  If a recipient
transferred under this Section was admitted upon a court order, the
transferring facility or agency shall give notice of the transfer to the court
which entered the order of admission, and such order of admission shall
continue in effect.
		(Source: P.A. 88-380.)
(405 ILCS 5/Ch. IV heading) CHAPTER IV 
ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/Ch. IV Art. I heading) ARTICLE I.  
		JURISDICTION
DUTIES OF STATE'S ATTORNEY (405 ILCS 5/4-100) (from Ch. 91 1/2, par. 4-100)Sec. 4-100. 
		
		The circuit court has jurisdiction under this Chapter over
persons not charged with a felony who meet the standard for judicial admission.
Inmates of penal institutions shall not be considered as charged with a
felony within the meaning of this Chapter. Court proceedings under Article
VI of this Chapter may be instituted as to any such inmate at any time within
90 days prior to discharge of such inmate by expiration of sentence or otherwise,
and if such inmate is found to meet the standard for judicial admission,
the order of the court ordering hospitalization or other disposition shall
become effective at the time of discharge of the inmate from penal custody.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-101) (from Ch. 91 1/2, par. 4-101)Sec. 4-101. 
		
		The State's Attorneys of the several counties shall represent
the people of the State of Illinois in court proceedings under this Chapter
in their respective counties, shall attend such proceedings either in person
or by assistant, and shall ensure that petitions, reports and orders are
properly prepared.  Nothing herein contained shall prevent any party from
being represented by his own counsel.
		(Source: P.A. 80-1414.) (405 ILCS 5/Ch. IV Art. II heading) ARTICLE II.  
		GENERAL PROVISIONS (405 ILCS 5/4-200) (from Ch. 91 1/2, par. 4-200)Sec. 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, except that a person may be transferred by the Department of
Corrections pursuant to the Unified Code of Corrections, as now or hereafter
amended. A person transferred by the Department of Corrections in this manner
may be released only as provided in the Unified Code of Corrections.(b) Persons shall be admitted to Department facilities based on an
assessment of their current individual needs and not solely on the basis of
inclusion in a particular diagnostic category, identification by subaverage
intelligence test score, or consideration of a past history of hospitalization
or residential placement.(c) In all cases, the Department shall provide services to persons
identified as having a developmental disability in the least
restrictive environment as required by subsection (a) of Section 2-102 of this
Code.(d) Except as provided in Article VI of this Chapter, nothing in this
Chapter shall govern or prohibit the admission of a person with a developmental
disability to nonresidential services.
		(Source: P.A. 88-380; 89-439, eff. 6-1-96.) (405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)Sec. 4-201. 
(a) A person with an intellectual disability shall not reside in a Department
mental health facility unless the person is evaluated and is determined to be a
person with mental illness and the facility director determines that
appropriate treatment and habilitation are available and will be provided
to such person on the unit. In all such cases the Department mental health
facility director shall certify in writing within 30 days of the completion
of the evaluation and every 30 days thereafter, that the person has been
appropriately evaluated, that services specified in the treatment and
habilitation plan are being provided, that the setting in which services
are being provided is appropriate to the person's needs, and that
provision of such services fully complies with all applicable federal
statutes and regulations concerning the provision of services to persons with
a developmental disability. Those regulations shall include, but not be
limited to the regulations which govern the provision of services to persons
with a developmental disability in facilities certified under the Social
Security Act for federal financial participation, whether or not the facility
or portion thereof in which the recipient has been placed is presently
certified under the Social Security Act or would be eligible for such
certification under applicable federal regulations. The certifications shall be
filed in the recipient's record and with the office of the Secretary of the Department. A copy of the certification shall be given to
the person, an attorney or advocate who is representing the person and the
person's guardian.(b) Any person admitted to a Department mental health facility who is
reasonably suspected of having a mild or moderate intellectual disability,
including those who also have a mental illness, shall be evaluated by a
multidisciplinary team which includes a qualified intellectual disabilities
professional designated by the Department facility director. The evaluation
shall be consistent with Section 4-300 of Article III in this Chapter, and
shall include: (1) a written assessment of whether the person needs a
habilitation plan and, if so, (2) a written habilitation
plan consistent
with Section 4-309, and (3) a written determination whether the admitting
facility is capable of providing the specified habilitation services. This
evaluation shall occur within a reasonable period of time, but in no case
shall that period exceed 14 days after admission. In all events, a
treatment plan shall be prepared for the person within 3 days of admission,
and reviewed and updated every 30 days, consistent with Section 3-209 of
this Code.(c) Any person admitted to a Department mental health facility with an
admitting diagnosis of a severe or profound intellectual disability shall be
transferred to an appropriate facility or unit for persons with a
developmental disability within 72 hours of admission unless transfer is
contraindicated by the person's medical condition documented by appropriate
medical personnel. Any person diagnosed with a severe or profound intellectual disability while in a Department mental health facility shall be transferred to
an appropriate facility or unit for persons with a developmental disability
within 72 hours of such diagnosis unless transfer is contraindicated by the
person's medical condition documented by appropriate medical personnel.(d) The Secretary of the Department shall designate a
qualified intellectual disabilities professional in each of its mental health facilities who has
responsibility for insuring compliance with the provisions of Sections
4-201 and 4-201.1.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)Sec. 4-201.1. 
(a) A person residing in a Department mental health  facility who is evaluated as having a mild or moderate intellectual disability,
an attorney or advocate representing the person, or a guardian of such
person may object to the Department facility director's certification
required in Section 4-201, the treatment and habilitation plan, or
appropriateness of setting, and obtain an administrative decision requiring
revision of a treatment or habilitation plan or change of setting, by
utilization review as provided in Sections 3-207 and 4-209 of this
Code. As part of this utilization review, the Committee shall
include as one of its members a qualified intellectual disabilities professional.(b) The mental health facility director shall give written notice to
each person evaluated as having a mild or moderate intellectual disability, the
person's attorney and guardian, if any, or in the case of a minor, to his
or her attorney, to the parent, guardian or person in loco parentis and to
the minor if 12 years of age or older, of the person's right to request a
review of the facility director's initial or subsequent determination that
such person is appropriately placed or is receiving appropriate services.
The notice shall also provide the address and phone number of the Legal
Advocacy Service of the Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If requested, the
facility director shall assist the person or guardian in contacting the
Legal Advocacy Service. This notice shall be given within 24 hours of
Department's evaluation that the person has a mild or moderate intellectual disability.(c) Any recipient of services who successfully challenges a final
decision of the Secretary of the Department (or his or her designee) reviewing an objection to the certification required under Section
4-201, the treatment and habilitation plan, or the appropriateness of the
setting shall be entitled to recover reasonable attorney's fees incurred in
that challenge, unless the Department's position was substantially justified.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-202) (from Ch. 91 1/2, par. 4-202)Sec. 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 so prescribed.  The Department shall
publish all forms in electronic format and post the forms to its website. 
(Source: P.A. 97-752, eff. 7-6-12.) (405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)Sec. 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 change in the client's status, and
requisite documentation for such admission and status.(b) The Department shall ensure that a monthly report is maintained
for each Department mental health facility, and each unit of a Department
developmental disability facility for dually diagnosed persons, which lists
(1) initials of persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed persons of
Department developmental disability facility during that month with a
primary or secondary diagnosis of intellectual disability, (2) the date and
facility and unit of admission or continuing, care, (3) the legal admission
status, (4) the recipient's diagnosis, (5) the date and facility and unit
of transfer or discharge, (6) whether or not there is a public or private
guardian, (7) whether the facility director has certified that appropriate
treatment and habilitation are available for and being provided to such
person pursuant to Section 4-203 of this Chapter, and (8) whether the
person or a guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review.  The Secretary of the
Department
shall furnish a copy of each monthly report upon request to the
Guardianship and Advocacy Commission and the agency designated by the
Governor under Section 1 of "An Act in relation to the protection and
advocacy of the rights of persons with developmental disabilities, and
amending certain Acts therein named", approved September 20, 1985, and
under Section 1 of "An Act for the protection and advocacy of mentally ill
persons", approved September 20, 1987.(c) Nothing contained in this Chapter shall be construed to limit or
otherwise affect the power of any developmental disabilities facility to
determine the qualifications of persons permitted to admit clients to such
facility. This subsection shall not affect or limit the powers of any court
to order admission to a developmental disabilities facility as set forth
in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.) (405 ILCS 5/4-204) (from Ch. 91 1/2, par. 4-204)Sec. 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, but no acknowledgement is required.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-205) (from Ch. 91 1/2, par. 4-205)Sec. 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 such statement or explanation in a comprehensible language and in
a manner calculated to ensure understanding.  Such statement or explanation
shall be communicated in sign language for any hearing impaired person for
whom sign language is a primary mode of communication. When a statement
or explanation is provided in a language other than English, or through
the use of sign language, that fact and the name of the person providing
it shall be noted in the client's record.  This Section does not apply to
copies of petitions and court orders.
		(Source: P.A. 82-205.) (405 ILCS 5/4-206) (from Ch. 91 1/2, par. 4-206)Sec. 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 years of age, notice shall be given to his parent, guardian or
person in loco parentis.  If the client is 18 years of age or older, notice
shall be given to the client, his guardian, if any, and any 2 other persons
whom the client may designate.  If the client is 18 or older but lacks sufficient
capacity to understand and consent to the designation of persons to receive notice,
notice shall also be sent to his nearest adult relative.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-207) (from Ch. 91 1/2, par. 4-207)Sec. 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 facility
to determine whether he has the capacity to consent to administrative admission.
If the client does not have such capacity or otherwise requires a guardian,
his parent or another interested person shall be so notified and requested
to file a petition for the appointment of a guardian.  If no petition is
filed, the facility director of the facility shall file such a petition.(b) Six months prior to the eighteenth birthday of a client who is receiving
nonresidential services provided by or under contract with the Department,
the client's parent or another interested person shall be notified by the
facility providing the services or by the Department of the possible need
and procedures for the appointment of a guardian.  If such person so requests,
the client shall be evaluated by the facility or the Department for the
purpose of determining whether he requires a guardian and a report of the
evaluation shall be provided to such person.  If the report indicates that
the client requires a guardian but no petition is filed by the time the
client reaches 18, the facility or the Department shall file such a petition.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-208) (from Ch. 91 1/2, par. 4-208)Sec. 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
to be transferred or discharged or that his legal status is to
be changed, the facility director of the facility shall provide the persons
specified in Section 4-206 with the address and phone number of the
Guardianship and Advocacy Commission.  If any person so notified requests, the
facility director shall assist him in contacting the Commission.
		(Source: P.A. 85-1247.) (405 ILCS 5/4-209) (from Ch. 91 1/2, par. 4-209)Sec. 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 utilization review committee at each
Department
facility.  Each such committee shall consist of multi-disciplinary
professional staff members who are trained and equipped to deal with the
habilitation needs of clients.  At least one member of the committee shall
be a qualified intellectual disabilities professional. The client and the objector
may be represented by persons of their choice.(b) The utilization review committee shall not be bound by rules of
evidence or procedure but shall conduct the proceedings in a manner
intended to ensure a fair hearing.  The committee may make such
investigation as it deems necessary. It may administer oaths and compel by
subpoena testimony and the production of records.  A stenographic or audio
recording of the proceedings shall be made and shall be kept in the
client's record.  Within 3 days of conclusion of the hearing, the committee
shall submit to the facility director its written recommendations which
include its factual findings and conclusions.  A copy of the
recommendations shall be given to the client and the objector.(c) Within 7 days of receipt of the recommendations, the facility director
shall give written notice to the client and objector of his acceptance or
rejection of the recommendations and his reason therefor.  If the facility
director rejects the recommendations or if the client or objector requests
review of the facility director's decision, the facility director shall
promptly forward a copy of his decision, the recommendations, and the record
of the hearing to the Secretary of the Department for final
review. The review of the facility director's decision shall be decided by the
Secretary or his or her designee
within 30 days of the receipt of a request for final review.  The decision of
the facility director, or the decision of the Secretary (or his or her
designee) if review was requested, shall be considered a final
administrative decision, and shall be subject to review under and in accordance
with Article III of the Code of Civil Procedure.  The decision of the facility
director, or the decision of the Secretary (or his or her designee) if review
was requested, shall be
considered a final administrative decision.
(Source: P.A. 97-227, eff. 1-1-12.) (405 ILCS 5/4-210) (from Ch. 91 1/2, par. 4-210)Sec. 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 conducting this examination shall inform the person being examined
in a simple comprehensible manner:  that he is entitled to consult with
a relative, friend, or attorney before the examination and that an attorney
will be appointed for him if he desires;  that he will be evaluated to
determine
if he meets the standard for judicial or emergency admission;  that he does
not have to talk to the examiner; and that any statement made by him
may
be disclosed at a court hearing on the issue of whether he meets the standard
for judicial admission.
If the respondent is not so informed, the examiner shall not be permitted
to testify at any subsequent court hearing concerning the respondent's
admission.
		(Source: P.A. 91-357, eff. 7-29-99.) (405 ILCS 5/4-211)Sec. 4-211. Sex education for persons admitted to a
developmental disability facility and receiving habilitation. In this Section,  "healthy sexual practices" means a state of physical, emotional, mental, and social well-being in relation to sexuality.  A person
admitted to a developmental disability facility and receiving habilitation shall have access to sex education, related
resources, and treatment planning that supports his or her right to sexual health and healthy sexual practices and to be free from sexual exploitation and abuse.
The person receiving habilitation shall be assessed:(1) on whether he or she has decision making capacity     to give consent to sexual activity; and(2) for developmentally appropriate sex education     materials and resources.As part of the assessments, consideration shall be given to medical, psychological, and psycho-social
evaluations. The person's decision making capacity to consent to sexual activity and the
developmentally appropriate sex education materials and resources shall be determined by the
treatment team that includes the individual, professionals who have knowledge of the individual, and
the individual's guardian, if appointed.  Guardian decision making shall be made in accordance
with the court order of appointment and the
standards of decision making established by Section 11a-17 of the Probate Act of 1975.  The Department shall approve course material in sex education. Course material and
instruction in sex education shall:(A) be appropriate to the developmental disability of     the recipient;(B) present identity as a part of mature
adulthood;(C) replicate evidence-based programs or     substantially incorporate elements of evidence-based programs;(D) place substantial emphasis on the prevention of     pregnancy and sexually transmitted infections and diseases and shall stress that abstinence is the ensured method of avoiding unintended pregnancy and sexually transmitted infections and diseases, including HIV/AIDS;(E)  include a discussion of the possible emotional     and psychological consequences of sexual intercourse and the consequences of unwanted pregnancy;(F)  stress that sexually transmitted infections and     diseases are serious possible health hazards of unwanted pregnancy;(G)  provide information on the use or effectiveness     of condoms in preventing pregnancy, HIV/AIDS, and other sexually transmitted infections and diseases;(H) teach recipients to avoid behavior that could be     interpreted as unwanted sexual advances, and how to reject unwanted sexual advances; and(I)  explain signs of possible dangers from potential     predators.The Department may
not withhold approval of materials that otherwise meet the criteria specified in this Section on the basis that
they include or refer to a religious or faith based perspective.
(Source: P.A. 101-506, eff. 1-1-20.) (405 ILCS 5/Ch. IV Art. III heading) ARTICLE III.  ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES

(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-300) (from Ch. 91 1/2, par. 4-300)Sec. 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 has been conducted
to determine his suitability for admission.  Prior to an administrative
admission, the person may be admitted to a facility for not more than 14
days for such evaluation.(b) The evaluation shall include current psychological, physical,
neurological, social, educational or vocational, and developmental
evaluations.  It shall
be conducted under the supervision of qualified professionals including
at least one physician and either one clinical psychologist or one
clinical social worker.  Any tests which require
language familiarity shall be conducted in the person's primary language.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/4-301) (from Ch. 91 1/2, par. 4-301)Sec. 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;
a description of the methods of evaluation used; an evaluation of the ability
of the family to meet the needs of the person and a recommendation as to
the supportive services the family may need; a recommendation as to the
least restrictive living arrangement appropriate for the person; and the
names and positions of the persons who conducted the evaluations.(b) The report shall be signed by at least one clinical psychologist
or clinical social worker and one physician who have personally examined
the person to be admitted.  If the report does not recommend admission to a
residential facility or to the facility to which admission is sought, a
written explanation of the reasons therefor shall be included.  A summary
of the report shall be given to the person who executed the application.
		(Source: P.A. 87-530.) (405 ILCS 5/4-302) (from Ch. 91 1/2, par. 4-302)Sec. 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 he is suitable for admission.  A person 18 years
of age or older, if he has the capacity, or his guardian, if he is authorized
by the guardianship order of the Circuit Court, may execute an application
for administrative admission.  Application may be executed for a person
under 18 years of age by his parent, guardian, or person in loco parentis.
		(Source: P.A. 88-380.) (405 ILCS 5/4-303) (from Ch. 91 1/2, par. 4-303)Sec. 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
relative, and guardian, or if none, friend; the name and address of
the person executing the application and his relationship to the person
to be admitted; and a short statement explaining the reason for the application.(b) The application form shall contain in large type and simple language
the substance of Sections 4-302, 4-305, 4-306 and 4-700.  The rights set
forth in the application shall be explained to the person to be admitted
if he is 12 or older and to the person who executed the application.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-304) (from Ch. 91 1/2, par. 4-304)Sec. 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 explanation of the procedures for discharge, transfer and objection
to admission shall be given to the person if he is 12 years of age or older
and to the person who executed the application.  Within 3 days of the admission,
notice of the admission and an explanation of the objection procedure shall
be sent or given to the persons specified in Section 4-206.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-305) (from Ch. 91 1/2, par. 4-305)Sec. 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 to an administrative,
diagnostic or temporary admission under this Article.  An objection may
be made at any time following the admission, but once an objection has been
heard, no subsequent objection may be made for 6 months without leave of the court.(b) An objection shall be submitted in writing to the facility director
of the facility.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-306) (from Ch. 91 1/2, par. 4-306)Sec. 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 the earliest appropriate
time, not to exceed 5 days, excluding Saturdays, Sundays and holidays, after
he submits a written objection to the facility director, unless he either
withdraws the objection in writing or unless within the 5 day period a petition
and certificate conforming to the requirements of Section 4-501 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 VI of this Chapter.  Admission of the client may continue pending
further order of the court.  In all other objections to admission under
this Article, paragraph (b) of this Section and Sections 4-307 and 4-308 shall apply.(b) Unless the objection is withdrawn in writing or the client is discharged,
the facility director shall file a petition for review of the admission
with the court within 5 days of submission of the objection, excluding Saturdays,
Sundays and holidays as provided in Sections 4-307 and 4-308.  The facility
director shall also file the report of the client's diagnostic evaluation
and current habilitation plan with the court.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-307) (from Ch. 91 1/2, par. 4-307)Sec. 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 court shall direct that notice of the time and place of the hearing
be served upon the client, his attorney, the objector, the person who executed
the application, and the facility director of the facility.  The hearing
shall be conducted pursuant to Article VI of this Chapter.
		(Source: P.A. 86-820.) (405 ILCS 5/4-308) (from Ch. 91 1/2, par. 4-308)Sec. 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 services which are
available at the facility, or that a less restrictive alternative is
appropriate, it shall disapprove the admission and order the client discharged.
 If the client is in a Department facility and the court finds that he or she
is a person with a developmental disability but that he is not in need of the
services which are available at the facility or that a less restrictive
alternative is appropriate, the court may order him transferred to a more
appropriate Department facility. If the person who executed the application for
admission objects to the transfer, the court shall order the client discharged.(b) Unless the court orders the discharge or transfer of the client, the
facility may continue to provide the client with residential and habilitation
services.(c) Unwillingness or inability of the client's parent, guardian or person
in loco parentis to provide for his care or residence shall not be grounds
for the court's refusing to order discharge.  In that event, a petition may
be filed under the Juvenile Court Act of 1987 or the Probate Act of
1975, approved August 7, 1975, as now or hereafter amended, to ensure that
appropriate care and residence are provided.
		(Source: P.A. 88-380.) (405 ILCS 5/4-309) (from Ch. 91 1/2, par. 4-309)Sec. 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
Department shall fully implement habilitation plans. Every reasonable effort
shall be made to involve the client and his family in the preparation and
implementation of the plans.(b) The habilitation plan shall describe the habilitation goals; a projected
timetable for their attainment; the services to be provided; the role of the
family in the implementation of the plan; and the name of the person
responsible for supervising the habilitation plan.(c) The habilitation plan shall be reviewed regularly, but at least once
every calendar month, by the person responsible for its supervision.  They
shall be modified when necessary.  The client and the persons specified in
Section 4-206 shall be informed regularly of the client's progress.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/4-309.1) (from Ch. 91 1/2, par. 4-309.1)Sec. 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.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/4-309.2) (from Ch. 91 1/2, par. 4-309.2)Sec. 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 facility
directors may maintain these monies in a locally held account prior to
disbursements.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/4-310) (from Ch. 91 1/2, par. 4-310)Sec. 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, the facility director of the facility shall consult with the
person who made application for the admission and shall request authorization
for continued residence of the client.  The request and authorization shall
be noted in the client's record.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-311) (from Ch. 91 1/2, par. 4-311)Sec. 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
or guardian, or in the event of a crisis, care where immediate temporary
residential services are necessary, upon application by a person empowered to
make application for administrative admission, if the facility director
determines that the individual is suitable for temporary admission.  The
application shall describe the person's developmental disability and shall
conform with the provisions of paragraph (a) of Section 4-301.(b) A temporary admission may continue for not more than 30 days.  A client
admitted on a temporary basis shall be provided with such services as are
determined by mutual agreement between the facility director, the client,
and the person executing the application.(c) Upon temporary admission, a clear written statement and oral explanation
of the objection procedure shall be given to the client if he is 12 years
of age or older.  Within 3 days of a temporary admission, notice of the
admission and an explanation of the objection procedure shall be sent to
the persons specified in Section 4-206.  An objection to temporary admission
may be made and heard in the same manner as an objection to administrative
admission.
		(Source: P.A. 88-380.) (405 ILCS 5/4-312) (from Ch. 91 1/2, par. 4-312)Sec. 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 of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability.  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.  A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial.  Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission.  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 habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.
		(Source: P.A. 88-380.) (405 ILCS 5/Ch. IV Art. IV heading) ARTICLE IV.  EMERGENCY ADMISSION
OF PERSONS WITH INTELLECTUAL DISABILITIES

(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)Sec. 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 director
of the facility determines:  (1) that he is a person with an intellectual disability; (2) that he is
reasonably expected to inflict serious physical harm upon himself or another
in the near future; and (3) that immediate admission is necessary to prevent
such harm.(b) Persons with a developmental disability under 18 years of age and
persons with a developmental disability 18 years of age or over who are under
guardianship or who are seeking admission on their own behalf may be admitted
for emergency care under Section 4-311.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-401) (from Ch. 91 1/2, par. 4-401)Sec. 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 older.  The petition shall include a detailed statement of the
basis for the assertion that the respondent meets the criteria of
Section 4-400 including a description of any act or significant threat
supporting the assertion; the name and address of the spouse, parent,
guardian, and close relative or, if none, any known friend of the
respondent; a statement of the petitioner's relationship to the
respondent and interest in the matter; the name, address and phone
number of any witness by which the facts asserted may be proved.  The
petition may be prepared by the facility director of a facility.
		(Source: P.A. 81-1509.) (405 ILCS 5/4-402) (from Ch. 91 1/2, par. 4-402)Sec. 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 time a clinical
psychologist, clinical social worker, or physician examines the respondent
and certifies that he meets the standard for emergency admission.(b) The certificate shall contain the examiner's observations, other factual
information relied upon, and a statement as to whether the respondent was
advised of his rights under Section 4-503.  If no certificate is executed,
the respondent shall be released immediately.
		(Source: P.A. 87-530.) (405 ILCS 5/4-403) (from Ch. 91 1/2, par. 4-403)Sec. 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 to a developmental disabilities facility.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-404) (from Ch. 91 1/2, par. 4-404)Sec. 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 peace
officer has reasonable grounds to believe that the person meets the standard
for emergency admission.  Upon arrival at the facility, the peace officer
shall complete a petition for emergency admission. 
		(Source: P.A. 80-1414.) (405 ILCS 5/4-405) (from Ch. 91 1/2, par. 4-405)Sec. 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 it meets the standard for emergency admission, the court
may enter an order for the temporary detention and examination of such person.
The order shall set forth in detail the facts which are the basis for the
court's conclusion.  The court may order a peace officer to take the person
into custody and transport him to a facility.  The person may be detained
for examination for no more than 24 hours.  If a petition and certificate,
as provided in this Article, are executed within the 24 hours, the person
may be admitted and the provisions of this Article shall apply.  If no petition
or certificate is executed, the person shall be released.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-406) (from Ch. 91 1/2, par. 4-406)Sec. 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
VI of this Chapter.  Within 24 hours after admission, excluding Saturdays,
Sundays and holidays, a copy of the petition shall be given personally or
mailed to the persons specified in Section 4-206.  The respondent shall
be allowed to complete no fewer than 2 telephone calls at the time of his
admission to such persons as he chooses.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-407) (from Ch. 91 1/2, par. 4-407)Sec. 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 with the court 2 copies of the petition and certificate
and proof of service of the petition and the explanation of rights.(b) Upon admission under this Article, the respondent shall be evaluated
pursuant to the provisions of paragraph (b) of Section 4-300.  A report
of the evaluation prepared pursuant to Section 4-301 shall be filed with
the court not more than 7 days after the admission.  Upon receipt of the
report, the court shall set a hearing pursuant to Section 4-505 to determine
whether the respondent meets the standard for judicial admission.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-408) (from Ch. 91 1/2, par. 4-408)Sec. 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 refuse medication and if he refuses, medication
shall not be given unless it is necessary to prevent the respondent from
causing serious harm to himself or others.  The facility shall record what
habilitation is given to the respondent together with the reasons therefor.
		(Source: P.A. 80-1414.) (405 ILCS 5/Ch. IV Art. V heading) ARTICLE V.  JUDICIAL ADMISSION FORPERSONS WITH INTELLECTUAL DISABILITIES

(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)Sec. 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) that he is
a person with an intellectual disability; and (2) that he is reasonably expected to inflict serious
physical harm upon himself or another in the near future.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 5/4-501) (from Ch. 91 1/2, par. 4-501)Sec. 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 standard for judicial
admission as set out in Section 4-500.  The petition shall be prepared
according to the form specified in Section 4-401.  The court may inquire of
the petitioner whether there are reasonable grounds to believe that the
facts presented in the petition are true and whether the respondent meets
the standard for judicial admission.(b) The petition may be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician indicating that the
respondent was examined not more than 72 hours prior to the filing of the
petition and certifying that he meets the standard for judicial admission.
The certificate shall also set out the examiner's observations, other
factual information relied upon, and a statement as to whether the
respondent was advised of his rights under Section 4-210.
		(Source: P.A. 87-530.) (405 ILCS 5/4-502) (from Ch. 91 1/2, par. 4-502)Sec. 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 and that there is a valid
reason why no certificate has been filed, it may make any orders as are
necessary to provide for an examination of the respondent by a clinical
psychologist, clinical social worker, or physician.  If, as a result of the
examination, a certificate is executed, the certificate shall be promptly
filed with the court.(b) When a certificate is filed with the petition or is filed pursuant
to this Section, if the court finds that the documents are in order, it may
make any orders as are necessary to provide for a diagnostic evaluation
of the respondent pursuant to paragraph (b) of Section 4-300 of this Chapter.(c) Upon receipt of the diagnostic report prepared pursuant to Section
4-301, the court shall set the matter for hearing pursuant to Section 4-505.
		(Source: P.A. 87-530.) (405 ILCS 5/4-503) (from Ch. 91 1/2, par. 4-503)Sec. 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
Chapter shall be personally served upon the respondent and shall be given
or mailed to the persons specified in Section 4-206 at least 24 hours before
the court ordered examination or evaluation.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-504) (from Ch. 91 1/2, par. 4-504)Sec. 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 by one or more of his relatives or friends or by his
attorney to the place of examination.  If, however, the court finds that
it is necessary in order to complete the examination the court may order
that the person be admitted to a developmental disabilities facility pending
examination and may order a peace officer or other person to transport him
there.  Whenever possible the examination shall be conducted at a local developmental
disabilities facility.  No person may be detained for examination for certification
for more than 24 hours and for a diagnostic evaluation for more than 7 days.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-505) (from Ch. 91 1/2, par. 4-505)Sec. 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 court shall direct that notice of the time and place of the hearing
be given or sent to the respondent, his attorney, the facility director
of the facility, and the persons specified in Section 4-206.  The facility
director shall make copies of the certificate and the diagnostic report
available to the attorneys for the parties upon request.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-506) (from Ch. 91 1/2, par. 4-506)Sec. 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
or other person to have the respondent before the court at the time of the hearing.
		(Source: P.A. 80-1414.) (405 ILCS 5/Ch. IV Art. VI heading) ARTICLE VI.  
		COURT HEARINGS (405 ILCS 5/4-600) (from Ch. 91 1/2, par. 4-600)Sec. 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 court directs.  To the extent practical, hearings shall
be held at the developmental disabilities facility where the respondent
is located.  Any party may request a change of venue transfer to any other
county because of the convenience of parties or witnesses or the condition
of the respondent.  The respondent may have the proceedings transferred
to the county of his residence.(b) If the court grants a continuance on its own motion or upon the motion
of one of the parties, the respondent may continue to be detained pending
further order of the court.  Such continuance shall not extend beyond 15
days except to the extent that continuances are requested by the respondent.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-601) (from Ch. 91 1/2, par. 4-601)Sec. 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 request, the court may dismiss the pending proceedings but
may require proof that such dismissal is in the best interest of the respondent
and of the public.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-602) (from Ch. 91 1/2, par. 4-602)Sec. 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
6 persons to be chosen in the same manner as are jurors in other civil proceedings.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-603) (from Ch. 91 1/2, par. 4-603)Sec. 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 and make a detailed written report
of his or their findings regarding the respondent's condition.  The report
shall be filed with the court and copies shall be made available to the
attorneys for the parties.
		(Source: P.A. 87-530.) (405 ILCS 5/4-604) (from Ch. 91 1/2, par. 4-604)Sec. 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 choice.  If the respondent
is unable to obtain an examination, he may request that the court order an
examination to be made by an impartial medical expert pursuant to Supreme
Court Rules or by a clinical psychologist, clinical social worker, or other
expert.  Determination of the compensation of the physician, clinical
psychologist, clinical social worker, or other expert and its payment shall
be governed by Supreme Court Rule.
		(Source: P.A. 80-1414; 87-530.) (405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)Sec. 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 not been entered on his behalf at the time the matter
is set for hearing, the court shall appoint counsel for him.  A hearing
shall not proceed when a respondent is not represented by counsel unless,
after conferring with counsel, the respondent requests to represent himself
and the court is satisfied that the respondent has the capacity to make
an informed waiver of his right to counsel.  Counsel shall be allowed time
for adequate preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an investigation of the
matters in issue and presenting such relevant evidence as he believes
is necessary.1.  If the court determines that the respondent is unable to obtain counsel,
the court shall appoint as counsel an attorney employed by or under contract
with the Guardianship and Advocacy Commission, if available.2. If an attorney from the Guardianship and Advocacy Commission
is not available, the court shall appoint as counsel the public defender
or, only if no public defender is available, an attorney licensed to practice
law in this State.3. Upon filing with the court of a verified statement of legal services
rendered by the private attorney appointed pursuant to paragraph (2) of
this Section, the court shall determine a reasonable fee for such services.
 If the respondent is unable to pay the fee, the court shall enter an order
upon the county to pay the entire fee or such amount as the respondent is
unable to pay.
		(Source: P.A. 85-1247.) (405 ILCS 5/4-606) (from Ch. 91 1/2, par. 4-606)Sec. 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 is satisfied by a
clear showing that the respondent's
attendance would subject him to substantial risk of serious physical or emotional harm.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-607) (from Ch. 91 1/2, par. 4-607)Sec. 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, or physician who has examined him
testifies in person at the hearing. The respondent may waive the
requirement of this testimony subject to the approval of the court.
		(Source: P.A. 87-530.) (405 ILCS 5/4-608) (from Ch. 91 1/2, par. 4-608)Sec. 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: P.A. 80-1414.) (405 ILCS 5/4-609) (from Ch. 91 1/2, par. 4-609)Sec. 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 the petition
and order the respondent
discharged.(b) If it is found that the respondent meets the standard for judicial
admission, the court may
order him admitted to a developmental disabilities facility designated by
the Department; to a private
facility, if it agrees; or to a program of nonresidential habilitation.
If the court is not satisfied
with the verdict of the jury finding that the respondent meets the standard
for judicial admission, it
may set aside such verdict and order the respondent discharged or it may
order another hearing.  Before
disposition is determined, the court shall consider the diagnostic report
and its recommendations and
shall select the least restrictive alternative which is consistent with
the respondent's needs.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-610) (from Ch. 91 1/2, par. 4-610)Sec. 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 is capable of providing adequate and
humane habilitation appropriate to the respondent's condition.(b) The court shall have continuing authority to modify an order for
nonresidential habilitation if the respondent fails to comply with it or is
otherwise found unsuitable for such habilitation.  Prior to modifying such an
order, the court must receive a report from the facility director specifying
why the habilitation is unsuitable.  The respondent shall be notified and given
an opportunity to respond when modification is considered.(c) If the court revokes an order for nonresidential habilitation and
orders admission of the respondent to a developmental disabilities facility,
it may order a peace officer or other person to transport the respondent
to the facility.
		(Source: P.A. 89-439, eff. 6-1-96.) (405 ILCS 5/4-611) (from Ch. 91 1/2, par. 4-611)Sec. 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 exceed 180 days.  Prior to the expiration of the order, if the facility
director of the facility or program believes that the client continues to
meet the standard for judicial admission, a new petition and certificate
may be filed with the court.  In the event that a new petition is filed,
the facility director of the facility shall file with the court a current
habilitation plan which includes an evaluation of the respondent's progress
and the extent to which he is benefiting from habilitation.  If no petition
is filed prior to expiration of the order, the client shall be discharged.
Following a hearing on the petition, the court may order an additional 180
day period of admission to a facility or to a program of nonresidential
habilitation only if the client continues to meet the standard for judicial admission.(b) Additional 180 day periods of judicial admission may be sought pursuant
to the procedures set out in this Section for so long as the client continues
to meet the standard for judicial admission. The provisions of this Article
which apply whenever an initial order is
sought shall apply whenever an additional period of admission is sought.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-612) (from Ch. 91 1/2, par. 4-612)Sec. 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 the court which
includes an evaluation
of the client's progress and the extent to which he is benefiting from habilitation.
The court shall
review the habilitation plan. The court may order any public agency, officer,
or employee to render such information, cooperation, and assistance as is
within its legal authority and as may be necessary to achieve the objectives
of this Section. The client or any person on his behalf may request a hearing to review
the habilitation plan or the court on its own motion may order such a hearing.
If the court is satisfied
that the client is benefiting from habilitation, it may continue the original order
for the remainder of the admission period.  If the court is not so satisfied,
it may modify its original order
or it may order the client discharged.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-613) (from Ch. 91 1/2, par. 4-613)Sec. 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 record of the court's findings of fact and conclusions of law.  A
copy of such order shall be promptly
given to the client, his or her attorney, and the facility director of the
developmental
disabilities facility or
program to which the respondent is admitted.(b) An appeal from a final order may be taken in the same manner as in
other civil cases.  Upon entry of a final
order, the court shall notify the client of his or her right to appeal
and, if he or she is indigent, of his or her right to a free transcript
and counsel.  The cost of the transcript shall be paid pursuant to
subsection (c) of Section
3-818 and subsection (c) of Section 4-615 of this Code.  If the client wishes
to appeal and is
unable
to obtain counsel, counsel shall be appointed pursuant to the provisions
of Section 4-605.
		(Source: P.A. 90-765, eff. 8-14-98.) (405 ILCS 5/4-614) (from Ch. 91 1/2, par. 4-614)Sec. 4-614. 
		
		A verbatim record shall be made of all judicial hearings held
pursuant to this Chapter.
		(Source: P.A. 80-1414.) (405 ILCS 5/4-615) (from Ch. 91 1/2, par. 4-615)Sec. 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 civil proceedings.(b) Except as provided under subsection (c) of this Section, the court
may assess costs of the proceedings against the parties.
If the respondent is not a
resident of the county in which the hearing is held and the party against
whom the court would otherwise
assess costs has insufficient funds to pay the costs, the court may enter
an order upon the State to pay
the cost of the proceedings, from funds appropriated by the General Assembly
for that purpose.(c) If the respondent is a party against whom the court would otherwise
assess costs and that respondent is determined by the court to have
insufficient funds to pay the cost of transcripts for the purpose of appeal,
the
court shall enter an order upon the State to pay the cost of one original and
one
copy of a transcript of proceedings established under this Code.  Payment of
transcript costs authorized under this subsection (c) shall be paid from funds
appropriated by the General Assembly to the Administrative Office of the
Illinois Courts.
		(Source: P.A. 90-765, eff. 8-14-98.) (405 ILCS 5/4-616) (from Ch. 91 1/2, par. 4-616)Sec. 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 to the developmental disabilities facility if such person is able
to do so safely and humanely.  When the Department indicates that it has
transportation to the facility available, the order may authorize the Department
to transport the client there.  The court may order the sheriff of the county
in which such proceedings are held to transport the client to the facility.(b) Upon the delivery of a client to a facility, in accordance with the
procedure set forth in this
Article, the facility director of the facility shall sign a receipt acknowledging
custody of the client and for
any personal property belonging to him or her, which receipt shall be
filed with the clerk of the court which entered
the admission order.
		(Source: P.A. 83-346.) (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 the order of admission and the clerk
of the court shall file the order in the
court record.
		(Source: P.A. 83-346.) (405 ILCS 5/Ch. IV Art. VII heading) ARTICLE VII.  
		DISCHARGE AND TRANSFER (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 by the facility director of the developmental disabilities
facility.
		(Source: P.A. 80-1414.) (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 program of nonresidential services
upon court order under Article V
of this Chapter or admitted upon court order as a person with an intellectual disability or as mentally
deficient under any prior statute
shall be discharged whenever the facility director determines that he no
longer meets the standard for judicial
admission.  When the facility director believes that continued residence
is advisable for such a client, he shall
inform the client and his guardian, if any, that the client may remain at
the facility on administrative
admission status.  When a facility director discharges or changes the status
of such client, he shall promptly notify the clerk of the court who shall
note the action in the court record.(c) When the facility director discharges a client pursuant to subsection
(b) of this Section, he shall promptly notify the State's Attorney of the
county in which the client resided immediately prior to his admission to
a developmental disabilities facility. Upon receipt of such notice, the State's
Attorney may notify such peace officers that he deems appropriate.(d) The facility director may grant a temporary release to any client
when such release is appropriate and
consistent with the habilitation needs of the client.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.) (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 a Department facility.  The facility director may
grant a conditional discharge to a
client when he determines that conditional discharge is appropriate and
consistent with the habilitation
needs of the client.(b) A conditional discharge shall terminate within one year unless it
is extended for one additional year.
Written notice of the extension shall be given to the persons specified
in Section 4-206 and to the facility, if
any, where the client is residing.(c) A conditionally discharged client may be readmitted to the facility
if the facility director determines
that such readmission is consistent with the client's habilitation needs
and if the court, in the event that the
client was judicially admitted, or the person who executed the application
for administrative admission, consents thereto.
		(Source: P.A. 80-1414.) (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 shall be consulted in the preparation and implementation
of the plan.(b) Prior to discharge if the client is 18 years of age or older and does
not have a guardian, he shall be evaluated to
determine whether he requires one.  If it is determined that the client
requires a guardian, his parent or another
interested person shall be notified and requested to file a petition for
the appointment of a guardian.  If no
petition is filed, the facility director of the facility may file such a petition.
		(Source: P.A. 80-1414.) (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, if he is 12 years of age or older, to his attorney
and guardian, if any, to the person who
executed the application for admission and to the resident school
district when appropriate.  The notice, except that to the school
district, shall include the reason for the discharge and a
statement of the right to object.(b) The client, if he is 12 years of age or older, may object to his
discharge or the attorney or guardian of a
client or the person who executed the application may object on behalf of
a client.  Prior to discharge
a written objection shall be submitted to the facility director of the facility
where the client is located.
Upon receipt of an objection, the facility director shall promptly schedule
a hearing to be held at the
facility within 7 days pursuant to Section 4-209.  No discharge shall proceed
pending hearing on an objection, unless the person objecting to the discharge
consents to discharge pending the hearing.(c) At the hearing the Department shall have the burden of proving that
the client meets the
standard for discharge under this Chapter and under Section 15 of the Mental Health and
Developmental Disabilities Administrative Act.  If the utilization
review committee finds that the Department has sustained its burden and that
the proposed discharge is based upon substantial evidence, it shall recommend
that the discharge proceed.  If the utilization review committee does not so
find, it shall recommend that the client not be discharged but it may recommend
that the client be transferred to another facility which can provide
habilitation
appropriate to the condition and needs of the client. It may recommend that
the Department or other agency assist the person in obtaining such appropriate
habilitation.
		(Source: P.A. 89-507, eff. 7-1-97.) (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 for discharge with the court.(b) The petition shall set forth: (1)  the name of the client; (2) the
events that precipitated the admission and the date of the admission order;
and (3) a request for discharge and the reasons for the request.  The
petition shall be accompanied by the certificate of a clinical
psychologist, clinical social worker, or physician stating that the client
no longer meets the standard for judicial admission and specifying the
reasons for that conclusion.(c) If the petition is not accompanied by a certificate, the court shall
appoint a clinical psychologist, clinical social worker, or
physician to examine the client.  If the clinical psychologist, clinical
social worker, or physician determines that the client does not meet the
standard for judicial admission, he shall execute a certificate so stating.
 The client is also entitled to an independent examination pursuant to
Section 4-605.
		(Source: P.A. 87-530.) (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 in Section 4-206, and to the facility director.
Article VI of this Chapter
shall apply to hearings held under this Section.(b) If the court finds that the client does not meet the standard for
judicial admission, the court
shall enter an order so finding and shall order the client discharged.
If the court determines that the
client continues to meet the standard for judicial admission, the court
may continue or modify its original
order.  Thereafter, no new petition for discharge may be filed for 60 days
without leave of the court.
		(Source: P.A. 80-1414.) (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 appropriate facility which
is close to the client's place
of residence shall be preferred unless the client requests otherwise or
unless compelling reasons exist
for preferring another facility.
		(Source: P.A. 80-1414.) (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 transfer to a different facility or program of nonresidential
services.  If the client
is in a private facility, the facility may also petition for transfer.
An order for admission to a facility
shall not be entered under this Section if the original order did not authorize
such admission unless a hearing
is held pursuant to Article VI of this Chapter.
		(Source: P.A. 80-1414.) (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
days before transfer to the client's attorney and to the persons specified
in Section 4-206 of the reasons for
the transfer and of the right to object.  In an emergency, when the health
of the client or the physical safety
of the client or others is imminently imperiled and appropriate care and
services are not available where the
client is located, a client may be immediately transferred to another facility
provided that notice is given as soon as possible but not more than 48 hours after the
transfer.  The reason for the emergency shall be noted in the client's record
and specified in the notice.(b) A client may object to his transfer or his attorney or any person
receiving notice under Section 4-206
may object on his behalf.  Prior to transfer or within 14 days after an
emergency transfer, a written objection
shall be submitted to the facility director of the facility where the client
is located.  Upon receipt of an objection,
the facility director shall promptly schedule a hearing to be held within
7 days pursuant to the procedures in Section 4-209.
The hearing shall be held at the transferring facility except that when
an emergency transfer has taken place,
the hearing may be held at the receiving facility.  Except
in an emergency, no transfer shall proceed pending hearing on an objection.(c) At the hearing the Department shall have the burden of proving that
the standard for transfer under
Section 4-707 is met.  If the transfer is to a facility which is substantially
more physically
restrictive than the transferring facility, the Department shall
also prove that the transfer is
reasonably required for the safety of the client or others.  If the utilization
review committee finds that the Department
has sustained its burden and the decision to transfer is based upon substantial
evidence, it shall recommend
that the transfer proceed.  If it does not so find, it shall recommend that
the client not be transferred.
		(Source: P.A. 80-1414.)
(405 ILCS 5/Ch. V heading) CHAPTER V 
GENERAL PROVISIONS (405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)Sec. 5-100. 
		
		Written notice of the death of a recipient of services
which occurs at a mental health or developmental disabilities facility, or
the death of a recipient of services who has not been discharged from a
mental health or developmental disabilities facility but whose death occurs
elsewhere, shall within 10 days of the death of a recipient be mailed to
the Department of Public Health which, for the primary purpose of
monitoring patterns of abuse and neglect of recipients of services, shall
make such notices available to the Guardianship and Advocacy Commission and
to the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", approved
September 20, 1985. Such notice shall include the name of the
recipient, the name and address of the facility at which the death
occurred, the recipient's age, the nature of the recipient's condition,
including any evidence of the previous injuries or disabilities, or
relevant medical conditions or any other information which might be helpful
in establishing the cause of death.Written notice of the death of a recipient of services who was admitted
by court order, and the cause thereof shall, in all cases, be mailed by the
facility director to the court entering the original admission order, and
if possible, to the same judge, and the time, place and alleged cause of
such death shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.In the event of a sudden or mysterious death of any recipient of services
at any public or private facility, a coroner's inquest shall be held as
provided by law in other cases.In cases where the deceased person was a recipient or client of any state
facility, and the fees for holding an inquest cannot be collected out of his
estate, such fees shall be paid by the Department.
		(Source: P.A. 88-380.) (405 ILCS 5/5-100A)Sec. 5-100A. (Repealed).
	 
	 (Source: P.A. 89-507, eff. 7-1-97. Repealed by P.A. 96-1235, eff. 1-1-11.) (405 ILCS 5/5-101) (from Ch. 91 1/2, par. 5-101)Sec. 5-101. 
		
		If any recipient of services leaves a facility without
being duly discharged or being free to do so, as provided in this Act, or if
any resident is placed on conditional discharge or temporarily released from
the facility and if such recipient is considered by the facility director to
be in such condition as to require immediate detention for the protection of
such recipient or other persons, then upon the request of the facility director
of the facility, any peace officer shall apprehend such recipient and return
him to the nearest Department facility which provides residential services.
The Department shall then arrange for the return of the recipient to the
appropriate facility.  The cost of returning a recipient whose absence from
a private facility or a Veterans Administration facility is unauthorized
shall be paid by such facility.  If the unauthorized absence is from a facility
of the Department, such cost shall be paid by the Department in accordance
with the fee schedule set forth in Section 19 of "An Act concerning fees and salaries,
and to classify the several counties of the state with reference
thereto", approved March 29, 1872, as now or hereafter amended.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-102) (from Ch. 91 1/2, par. 5-102)Sec. 5-102. 
		
		Persons who are not residents of this State may not be
detained in any facility unless admitted thereto in accordance with the laws
of this State, or of the state having jurisdiction of such persons.A person who is not a resident of this State and who is admitted to a
Department facility for services may be returned by the Department to the
state of which he is a resident, but no such person may be returned unless
arrangements to receive him have been made in the state to which he is to be
returned.The Department, subject to the approval of the Attorney General, may
enter into reciprocal agreements with corresponding agencies of other states
regarding the interstate transportation or transfer of recipients
and may arrange with the proper officials for the acceptance, transfer and
support of persons who are residents of this State but who are temporarily
detained or who are receiving services in public facilities of other states
in accordance with the terms of such agreements.  In the case of persons
brought to this State under any agreements authorized under this Section,
local peace officers may upon request of the Department receive and arrange
for admission of such persons pursuant to this Act.
		(Source: P.A. 84-871.) (405 ILCS 5/5-103) (from Ch. 91 1/2, par. 5-103)Sec. 5-103. 
		
		The Department, or any health officer of this State or
any municipality where any person subject to involuntary admission or who
meets the standard for judicial admission may be, may inquire into the manner
in which any such person who is not a recipient of services in a state facility
is cared for and maintained.  Whenever the Department has reason to believe
that any person asserted or adjudged to be subject to involuntary admission or
to meet the standard for judicial admission is confined and may be wrongfully
deprived of his liberty, or is cruelly, negligently or improperly treated,
or that inadequate provision is made for his care, supervision and safekeeping,
it may ascertain the facts or may order an investigation of the facts.  The
Department, or any duly authorized representative of the Department, may at
any time visit and examine the persons in any place to ascertain if persons
subject to involuntary admission or who meet the standard for judicial
admission are kept therein.  The Secretary, or any duly
authorized representative of the Department conducting the investigation, may
administer oaths and issue
subpoenas requiring the attendance of and the giving of testimony by witnesses
and subpoenas duces tecum requiring the production of books, papers, records,
or memoranda.  All subpoenas issued under this Act may be served by any
person 18 years of age or older.  The fees of witnesses for attendance and
travel are the
same as the fees of witnesses before the circuit courts of this State.  Such
fees are to be paid when the witness is excused from further attendance.
When the witness is subpoenaed at the instance of the Department or any
officer or employee thereof, such fees shall be paid in the same manner as
other expenses of the Department, and when the witness is subpoenaed at the
instance of any other party to any such proceeding the Department may require
that the cost of service of the subpoena and the fee of the witness be borne
by such party.  In such case the Department, in its discretion, may require
a deposit to cover the cost of such service and witness fees.  A subpoena
issued under this Section must be served in the same manner as a subpoena
issued out of a court.Any court of this State, upon the application of the Department or any
officer or employee thereof may compel the attendance of witnesses, the
production of books, papers, records, or memoranda and the giving of testimony
before the Department or any officer or employee thereof conducting an
investigation or holding a hearing authorized by this Act, by an attachment
for contempt, or otherwise, in the same manner as production of evidence may
be compelled before that court. The Department or any officer or employee
thereof, or any party interested in an investigation or hearing before the
Department, may cause the depositions of witnesses residing within or without
the State to be taken in the manner prescribed by law for like depositions
in civil actions in courts of this State and, to that end, compel the
attendance of witnesses and the production of books, papers, records or
memoranda.Whenever the Department undertakes an investigation into the general
management and administration of any facility, it may give notice to the
Attorney General who shall appear personally or by an assistant and examine
witnesses who may be in attendance and otherwise represent the Department in
such investigation.Any recipient's records or confidential communications disclosed under
this Section or under proceedings pursuant thereto shall not lose their
confidential and privileged character as established by the "Mental Health
and Developmental Disabilities Confidentiality Act", enacted by the 80th
General Assembly; such records or confidential communications shall not
be utilized for any other purpose nor be redisclosed or otherwise discoverable
except in connection with such investigation and proceedings pursuant thereto.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 5/5-104) (from Ch. 91 1/2, par. 5-104)Sec. 5-104. 
		
		The Department may prescribe and publish rules and regulations
to carry out the purposes of this Act and to enforce the provisions this Act
and may alter, amend and supplement such rules and regulations relating to this
Act; but any person affected adversely by any order or ruling of the Department
is entitled to review as provided in Section 6-100 of this Act. Pending final
decision on such review, the acts, orders and rulings of the Department shall
remain in full force and effect unless modified or suspended by order of court
pending final judicial decision thereof.The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and shall apply to all administrative rules and procedures
of the Department under this Act, except that in case of conflict between
the Illinois Administrative Procedure Act and this Act the provisions of
this Act shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rule-making does
not apply to the adoption of any rule required by federal law in connection
with which the Department is precluded by law from exercising any discretion.As part of such rules and regulations, the Department shall require
that any State operated facility and any community agency, whether public
or private, which provides mental health or developmental disabilities
services to any person shall, with respect to such person, use a uniform
case opening form approved by the Department.  The form shall require that
such person's Social Security number be obtained and stated among other
information requested.  The facility or agency may assign a case number to
each recipient of its services, and that number shall be provided to the
Department on any reports requested by the Department.
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)Sec. 5-105. 
Each recipient of services provided directly or funded by
the Department and the estate of that recipient is liable for the payment
of sums representing charges for services to the recipient at a rate to be
determined by the Department in accordance with this Act.  If a recipient
is a beneficiary of a trust described in Section 509 of the Illinois Trust Code, the trust shall not be considered a part of the recipient's
estate and shall not be subject to payment for services to the recipient
under this Section except to the extent permitted under Section 509 of the Illinois Trust Code. If the recipient is unable to pay or if the estate
of the recipient is insufficient, the responsible relatives are severally
liable for the payment of those sums or for the balance due in case less
than the amount prescribed under this Act has been paid.  If the recipient
is under the age of 18, the recipient and responsible relative shall be liable
for medical costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling condition.
The liability shall be the lesser of the cost of medical care or the
amount of responsible relative liability established by the Department
under Section 5-116.  Any person 18 through 21 years of age who is
receiving services under the Education for All Handicapped Children Act of
1975 (Public Law 94-142) or that person's responsible relative shall only
be liable for medical costs on a case-by-case basis for services for the
diagnosis and treatment of conditions other than the person's disabling
condition.  The liability shall be the lesser of the cost of medical care
or the amount of responsible relative liability established by the
Department under Section 5-116.  In the case of any person who has received
residential services from the Department, whether directly from the
Department or through a public or private agency or entity funded by the
Department, the liability shall be the same regardless of the source of
services. The maximum services charges for each recipient assessed against
responsible relatives collectively may not exceed financial liability
determined from income in accordance with Section 5-116. Where the
recipient is placed in a nursing home or other facility outside the
Department, the Department may pay the actual cost of services in that
facility and may collect reimbursement for the entire amount paid from the
recipient or an amount not to exceed those amounts determined under Section
5-116 from responsible relatives according to their proportionate ability
to contribute to those charges. The liability of each responsible relative
for payment of services charges ceases when payments on the basis of
financial ability have been made for a total of 12 years for any recipient,
and any portion of that 12 year period during which a responsible relative
has been determined by the Department to be financially unable to pay any
services charges must be included in fixing the total period of liability.
No child is liable under this Act for services to a parent. No spouse is
liable under this Act for the services to the other spouse who willfully
failed to contribute to the spouse's support for a period of 5 years
immediately preceding his or her admission. Any spouse claiming exemption
because of willful failure to support during any such 5 year period must
furnish the Department with clear and convincing evidence substantiating
the claim. No parent is liable under this Act for the services charges
incurred by a child after the child reaches the age of majority.  Nothing
in this Section shall preclude the Department from applying federal
benefits that are specifically provided for the care and treatment of a
person with a disability toward the cost of care provided by a State facility or
private agency.
(Source: P.A. 101-48, eff. 1-1-20; 102-279, eff. 1-1-22.) (405 ILCS 5/5-106) (from Ch. 91 1/2, par. 5-106)Sec. 5-106. 
		
		The rate at which sums for the services to recipients in a mental
health or developmental disabilities program of the Department is calculated
by the Department is the average per capita cost of the services to all such
recipients, such cost to be computed by the Department on the general average
per capita cost of operation of all State facilities for the fiscal year
immediately preceding the period of State care for which the rate is being
calculated, except the Department may, in its discretion, set the rate at a
lesser amount than such average per capita cost. The Department in its rules
and regulations may establish a maximum rate not to exceed the rate set by
the Office of Health Finance for the cost of services furnished to persons in
mental health or developmental disabilities programs involving residential
care. If a recipient is placed in a residential program or facility outside
the Department, the ability of responsible relatives to pay these costs shall
be determined under Section 5-116 of this Act. The Department
may supplement the contribution of these persons to private facilities after
all other sources of income have been utilized, provided responsible relatives
do not contribute to actual cost of services in excess of amounts charged to
responsible relatives as established under Section 5-116 of this Act. The
Department shall make an annual report to the Commission on Mental Health and
Developmental Disabilities setting forth proposed changes in rules and
regulations relating to Sections 5-105 through 5-115 and summarizing all
amounts expended by
the Department on behalf of recipients in private facilities. The Department
may pay the actual costs of services or maintenance in such facility and may
collect reimbursement for the entire amount paid from the recipient, or an
amount not to exceed the amount listed in Section 5-106 of this Act from
responsible relatives according to their proportionate ability to contribute
to such charges. Lesser or greater amounts may be accepted by the Department
when conditions warrant such action or when offered by persons not liable
under this Act. The amounts so received shall be deposited with the State
Treasurer and placed in the Mental Health Fund.
		(Source: P.A. 83-578.) (405 ILCS 5/5-107) (from Ch. 91 1/2, par. 5-107)Sec. 5-107. Remittances from intermediary agencies under Title XVIII of
the Federal Social Security Act for services to persons in State facilities
shall be deposited with the State Treasurer and placed in the Mental Health
Fund. Payments received from the Department of Healthcare and Family Services under Title XIX
of the Federal Social Security Act for services to persons in State
facilities shall be deposited with the State Treasurer and shall be placed
in the General Revenue Fund.The Auditor General shall audit or cause to be audited all amounts
collected by the Department.
					(Source: P.A. 95-331, eff. 8-21-07.) (405 ILCS 5/5-107.1) (from Ch. 91 1/2, par. 5-107.1)Sec. 5-107.1. Remittances from or on behalf of licensed long-term care
facilities through Department of Healthcare and Family Services reimbursement and monies from
other funds for Day Training Programs for clients with a developmental
disability shall be deposited with the State Treasurer and placed in the Mental
Health Fund.The Auditor General shall audit or cause to be audited all amounts
collected by the Department.
					(Source: P.A. 95-331, eff. 8-21-07.) (405 ILCS 5/5-107.2) (from Ch. 91 1/2, par. 5-107.2)Sec. 5-107.2. 
		
		The Department shall charge, collect and receive fees or
money equivalent to the cost of providing Department personnel, equipment,
commodities and services
to other agencies and branches of State government, units of local
government or the federal government, on such terms and conditions as in
the judgment of the Secretary are in the best interest of the
State.All services provided by the Department shall be conducted pursuant to
contracts in accordance with the Intergovernmental Cooperation Act.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 5/5-108) (from Ch. 91 1/2, par. 5-108)Sec. 5-108. 
		
		The Department may investigate the financial condition of
each person liable under this Act, may make determinations of the
ability of each such person to pay sums representing services charges,
and for such purposes may set a standard as a basis of judgment of
ability to pay under Section 5-116 of this Act. The
Department shall by rule make provisions for unusual and exceptional
circumstances in the application of such standard. The Department may
issue to any person liable under this Act a statement of amount due as
treatment charges requiring him to pay monthly, quarterly or otherwise
as may be arranged, an amount not exceeding that required under this
Act, plus fees to which the Department may be entitled under the Act.Whenever an individual is covered, in part or in whole,
under any type of insurance arrangement, private or public for services
provided by the Department, the proceeds from such insurance shall be
considered as part of the individual's ability to pay, notwithstanding
that the insurance contract was entered into by a person other than the
individual or notwithstanding that the premiums for such insurance were
paid for by a person other than the individual.
		(Source: P.A. 83-578.) (405 ILCS 5/5-108.1)Sec. 5-108.1. 
		Exemption from charges. 
		Any recipient of services who is
participating in a research program conducted by the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois, under an
intergovernmental agreement between the Board of Trustees of the University of
Illinois and the Department shall not be liable for any charges as set forth in
Sections 5-105, 5-106, and 5-107 of this Act.  This exemption shall apply only
to those charges incurred for services rendered at the Psychiatric Institute
located at 1601 West Taylor Street, Chicago, Illinois.
		(Source: P.A. 89-552, eff. 7-26-96.) (405 ILCS 5/5-108.2)Sec. 5-108.2. Exemption from charges; veterans. Any veteran  who receives services provided by a State mental health facility that are not covered by the veteran's existing insurance plan shall not be liable for any charges as set forth in Sections 5-105, 5-106, and 5-107 of this Code. For purposes of this Section, "veteran" means an Illinois resident who is a veteran as defined under subsection (h) of Section 1491 of Title 10 of the United States Code.
(Source: P.A. 96-1013, eff. 7-8-10.) (405 ILCS 5/5-109) (from Ch. 91 1/2, par. 5-109)Sec. 5-109. 
		
		No admission of a recipient in a State facility may be limited or
conditioned in any manner by the financial status or ability to pay of the
recipient, the estate of the recipient, or any responsible relative of the
recipient.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-110) (from Ch. 91 1/2, par. 5-110)Sec. 5-110. 
		
		Services charges against responsible relatives take effect on
the date of admission or acceptance of the recipient for services or as soon
thereafter as each responsible relative's financial ability during the
period which the recipient receives services subjects him to liability for
charges as required under this Act. Payment in full by a responsible
relative of established services charges as provided in this Act constitutes
full discharge of the liability of such responsible relative, unless there has
been material misrepresentation in revealing the extent of financial resources.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-111) (from Ch. 91 1/2, par. 5-111)Sec. 5-111. 
		
		Any person who has been issued a Notice of Determination of sums
due as services charges may petition the Department for a review of that
determination.  The petition must be in writing and filed with the Department
within 90 days
from the date of the Notice of Determination. The Department shall provide
for a hearing to be held on the charges for the period covered by the petition.
The Department may after such hearing, cancel, modify or increase such former
determination to an amount not to exceed the maximum provided for such person
by this Act. The Department at its expense shall take testimony and
preserve a record of all proceedings at the hearing upon any petition for a
release from or modification of such determination. The petition and other
documents in the nature of pleadings and motions filed in the case, a
transcript of testimony, findings of the Department, and orders of the
Secretary
constitute the record.  The Secretary shall furnish a
transcript of such
record to any person upon payment therefor of 75 per page for each original
transcript and 25 per page for each copy thereof. Any person aggrieved by
the decision of the Department upon such hearing may, within 30 days
thereafter,
file a petition with the Department for review of such decision by the Board
of Reimbursement Appeals. The Board of Reimbursement Appeals may approve
action taken by the Department or may remand the case to the Secretary with
recommendations for redetermination of charges.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 5/5-112) (from Ch. 91 1/2, par. 5-112)Sec. 5-112. 
		
		A Board of Reimbursement Appeals, consisting of 3 persons
appointed by
the Governor, is created to review decisions of the Department under Sections
5-105 through 5-115 of this Act. Board members shall serve for terms of
3 years commencing January 1
of the year their appointment becomes effective and continuing until their
successors are appointed and qualified.  All Board members appointed under
law prior to the effective date of this Act shall serve until the expiration
of the terms for which they were appointed and until their successors are
appointed and qualified.  All Board members shall
take and subscribe to the constitutional oath of office and file it with the
Secretary of State. They shall receive no compensation but the Department
shall reimburse them for expenses necessarily incurred in the performance of
their duties. Persons appointed as Board members may have no other connection
or duties with the Department.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-113) (from Ch. 91 1/2, par. 5-113)Sec. 5-113. 
		
		Upon receiving a petition for review under Section 5-111, the Department
shall thereupon notify the Board of Reimbursement Appeals which shall render
its decision thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of the Board is
necessary in any such decision. Upon request of the Department, the State's
Attorney of the county in which a responsible relative or a recipient who is
liable under this Act for payment of sums representing services charges
resides, shall institute appropriate legal action against any such responsible
relative, or the recipient, or within the time provided by law shall file a
claim against the estate of such recipient who fails or refuses to pay those
charges. The court shall order the payment of sums due for services charges
for such period or periods of time as the circumstances require, except that
no responsible relative may be held liable for charges for services furnished
to a recipient if such charges were assessed more than 5 years prior to the
time the action is filed; but such 5 year limitation does not apply to the
liability of a recipient or recipient's estate. Such order may be entered
against any or all such defendants and may be based upon the proportionate
ability of each defendant to contribute to the payment of sums representing
services charges including the actual charges for services in facilities
outside the Department where the Department has paid such charges. Orders
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants and, in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned
among them.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-114) (from Ch. 91 1/2, par. 5-114)Sec. 5-114. 
		
		A decedent's representative who has actual knowledge that the
decedent has been a recipient in a State facility shall notify the Department
of the death of the decedent and, if the representative has been
appointed by a court, shall furnish the Department with a copy of his letters
of office. Within the time allowed by law for the
filing of claims,
the Department may file a claim against the decedent's estate for any balance
due for services charges by the decedent while a recipient. Such claim shall
be allowed and paid as other lawful claims against the estate. Nothing
contained in this Section imposes upon the legal representative any personal
liability for the payment of any amount so due or claimed to be due.As used in this Section, " representative" means executor or
administrator of the decedent's estate or anyone holding assets of the
decedent.
		(Source: P.A. 83-388.) (405 ILCS 5/5-115) (from Ch. 91 1/2, par. 5-115)Sec. 5-115. 
		
		In case any recipient, the estate of any recipient, or the responsible
relatives of such recipient are unable to pay the services charges for the
recipient provided for by this Act, then the cost of services of such recipient
shall be borne by the State, but the cost of clothing, transportation and
other incidental expenses not constituting any part of the services shall
be defrayed at the expense of the recipient, or the estate of the recipient,
or the responsible relatives of the recipient, or of the county of his residence,
except that the county is not required to defray expense of clothing.  No
child is liable under this Act for clothing, transportation, or other incidental
expenses of a parent
and no spouse is liable under this Act for clothing, transportation or other
incidental expenses of a spouse who wilfully failed to contribute to the
spouse's support for a period of 5 years immediately preceding the maintenance,
such spouse being in need of support or maintenance for hospitalization,
however.  No parent is liable under this Act for the services charges incurred
by a child after such child reaches the age of majority.
		(Source: P.A. 80-1414.) (405 ILCS 5/5-116) (from Ch. 91 1/2, par. 5-116)Sec. 5-116. 
		Standard and Regulations for Determining Ability to Support. 
		
The Department shall establish a standard by which shall be measured the
ability of responsible relatives to provide support, and shall implement
the standard by rules governing its application.  The standard and the rules
shall take into account the buying and consumption patterns of self-supporting
persons of modest income, present or future contingencies having direct
bearing on maintenance of the relative's self-support status and fulfillment
of his obligations to his immediate family, and any unusual or exceptional
circumstances including estrangement or other personal or social factors,
that have a bearing on family relationships and the relative's ability to
meet his support obligations.  The standard shall be recomputed periodically
to reflect changes in the cost of living and other pertinent factors.
		(Source: P.A. 83-578.) (405 ILCS 5/5-117) (from Ch. 91 1/2, par. 5-117)Sec. 5-117. 
		
		The Attorney General shall defend all civil actions and
proceedings against any employee or agent of the Department arising out of
official duties in
connection
with the apprehension, transportation, examination, services, detention or
discharge of any individual under this Act, in any of the courts of this State
or in federal court.
		(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/Ch. VI heading) CHAPTER VI 
MISCELLANEOUS PROVISIONS (405 ILCS 5/6-100) (from Ch. 91 1/2, par. 6-100)Sec. 6-100. 
		
		Judicial proceedings conducted pursuant to this Act shall
be conducted in accordance with the Civil Practice Law, except to the
extent the provisions of this Act indicate to the contrary or are inconsistent,
in which case this Act governs.
		(Source: P.A. 82-783.) (405 ILCS 5/6-101) (from Ch. 91 1/2, par. 6-101)Sec. 6-101. 
		
		Any person affected by a final administrative decision of
the Department or the Board of Reimbursement Appeals, pursuant to this Act,
may have such decisions reviewed only under and in accordance with
the Administrative Review Law, as now or hereafter amended.
The Administrative Review Law, as amended, and the rules adopted pursuant
thereto, apply to and govern all proceedings for the judicial review of
final administrative decisions of the Department hereunder.  The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
		(Source: P.A. 82-783.) (405 ILCS 5/6-102) (from Ch. 91 1/2, par. 6-102)Sec. 6-102. 
		
		Any person who conspires unlawfully to cause, or unlawfully
causes, any person to be adjudicated as subject to involuntary or judicial
admission or as a person under legal disability or to be detained at, or
admitted to any mental health facility or developmental disabilities facility,
or any person who receives or detains a person with mental illness or person
with a developmental disability, contrary to this Act, or any person who
maltreats a person with mental illness or person with a developmental
disability, or any person who knowingly aids, abets or assists or encourages a
person with mental illness or person with a developmental disability to be
absent without permission from any facility or custodian in which or by whom
such person is lawfully detained, or any person who violates any provision
contained in this Act or rule or regulation of the Department issued under this
Act commits a Class A misdemeanor.
		(Source: P.A. 88-380.) (405 ILCS 5/6-103) (from Ch. 91 1/2, par. 6-103)Sec. 6-103. 
		
		(a) All persons acting in good faith and without negligence in
connection with the preparation of applications, petitions, certificates
or other documents, for the apprehension, transportation, examination,
treatment, habilitation, detention or discharge of an individual under the
provisions of this Act incur no liability, civil or criminal, by reason of
such acts.(b) There shall be no liability on the part of, and no cause of action
shall arise against, any person who is a physician, clinical psychologist,
or qualified examiner based upon that person's failure to warn of and
protect from a recipient's threatened or actual violent behavior except where
the recipient has communicated to the person a serious threat of physical
violence against a reasonably identifiable victim or victims. Nothing in
this Section shall relieve any employee or director of any residential
mental health or developmental disabilities facility from any duty he may
have to protect the residents of such a facility from any other resident.(c) Any duty which any person may owe to anyone other than a resident
of a mental health and developmental disabilities facility shall be
discharged by that person making a reasonable effort to communicate the
threat to the victim and to a law enforcement agency, or by a reasonable
effort to obtain the hospitalization of the recipient.(d) An act of omission or commission by a peace officer acting
in good faith in rendering emergency assistance or otherwise enforcing this
Code does not impose civil liability on the peace officer or his or
her supervisor or employer unless the act is a result of willful or wanton
misconduct.
		(Source: P.A. 91-726, eff. 6-2-00.) (405 ILCS 5/6-103.1)Sec. 6-103.1. Adjudication as a person with a mental disability. When a person has been adjudicated as a person with a mental disability as defined in Section 1.1 of the Firearm Owners Identification Card Act, including, but not limited to, an adjudication as a person with a disability as defined in Section 11a-2 of the Probate Act of 1975, the court shall direct
the circuit court clerk to notify the
Illinois State Police, Firearm Owner's Identification
(FOID) Office, in a form and manner prescribed by the Illinois State Police, and shall forward a copy of the court order to the Department no later than 7 days after the entry of the order.  Upon receipt of the order, the Illinois State Police shall provide notification to the National Instant Criminal Background Check System.
(Source: P.A. 102-538, eff. 8-20-21.) (405 ILCS 5/6-103.2)Sec. 6-103.2. Developmental disability; notice. If a person 14 years old or older is determined to be a person with a developmental disability  by a physician, clinical psychologist, or qualified examiner, the physician, clinical psychologist, or qualified examiner shall notify the Department of Human Services within 7 days of making the determination that the person has a developmental disability.  The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and  if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.  Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this  information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report.The physician, clinical psychologist, or qualified examiner making the determination and his or her employer may not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct.For purposes of this Section, "developmental disability" means a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. The disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:(i) self-care;(ii) receptive and expressive language;(iii) learning;(iv) mobility; or(v) self-direction."Determined to be a person with a developmental disability by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person is diagnosed, assessed, or evaluated as having a developmental disability. (Source: P.A. 102-538, eff. 8-20-21.) (405 ILCS 5/6-103.3)Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police, within 24 hours of making the determination that the person poses a clear and present danger. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police.  Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services.  The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. This Section does not apply to a law enforcement official, if  making the notification under this Section will interfere with an ongoing or pending criminal investigation.For the purposes of this Section:"Clear and present danger" has the meaning ascribed     to it in Section 1.1 of the Firearm Owners Identification Card Act."Determined to pose a clear and present danger to     himself, herself, or to others by a physician, clinical psychologist, or qualified examiner" means in the professional opinion of the physician, clinical psychologist, or qualified examiner, a person poses a clear and present danger."School administrator" means the person required to     report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.(Source: P.A. 102-538, eff. 8-20-21.) (405 ILCS 5/6-104) (from Ch. 91 1/2, par. 6-104)Sec. 6-104. 
		
		Unless otherwise specifically provided elsewhere by law, nothing
contained in this Act or in any Act amendatory thereof affects or impairs
the validity of any act done or right accruing, accrued, acquired,
or any order, judgment or status established prior to the enactment of this
Act or prior to the enactment of any Act amendatory thereof, and, as to
any persons admitted or committed pursuant to any Act in effect prior to
the effective date of this Act, the provisions of any such prior Act shall
continue to govern, except where there are express provisions in this Act relating
to such persons.
		(Source: P.A. 80-1414.) (405 ILCS 5/6-104.3)Sec. 6-104.3. Comparable programs for the services contained
in the Specialized Mental Health Rehabilitation Act of 2013. The Division of Mental Health of the Department of Human
Services shall oversee the creation of comparable programs for
the services contained in the Specialized Mental Health
Rehabilitation Act of 2013 for community-based providers to
provide the following services:(1) triage center;(2) crisis stabilization; and(3) transitional living.These comparable programs shall operate under the
regulations that may currently exist for such programs, or, if
no such regulations are in existence, regulations shall be
created. The comparable programs shall be provided through a
managed care entity, a coordinated care entity, or an
accountable care entity. The Department shall work in concert
with any managed care entity, care coordination entity, or
accountable care entity to gather the data necessary to report
and monitor the progress of the services offered under this
Section. The services to be provided under this Section shall
be subject to a specific appropriation of the General Assembly
for the specific purposes of this Section.The Department shall adopt any emergency rules necessary to
implement this Section. 
(Source: P.A. 98-104, eff. 7-22-13.) (405 ILCS 5/6-105) (from Ch. 91 1/2, par. 6-105)Sec. 6-105. 
		
		The provisions for repeal contained in this Act do not in
any way affect an offense committed, an act done, a penalty, punishment
or forfeiture incurred, or a claim, right, power or remedy accrued under
any law in force prior to the effective date of this Act.
		(Source: P.A. 80-1414.) (405 ILCS 5/6-106) (from Ch. 91 1/2, par. 6-106)Sec. 6-106. 
		
		The "Mental Health Code of 1967", approved August 14, 1967,
as amended, is repealed.
		(Source: P.A. 80-1414.) (405 ILCS 5/6-107) (from Ch. 91 1/2, par. 6-107)Sec. 6-107. 
		This Act takes effect January 1, 1979. 
		(Source: P.A. 80-1414.)
(405 ILCS 55/0.01) (from Ch. 91 1/2, par. 1450)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Mental Health Patient Travel Act.
		(Source: P.A. 86-1324.) (405 ILCS 55/1) (from Ch. 91 1/2, par. 1451)Sec. 1. 
		
		The Department of Human Services
may establish and maintain a trust fund to be known as the
"Patient Travel Trust Fund".  This trust fund shall be used for advancing
money for travel expenses in connection with the travel or transfer of
patients in State mental health and developmental disabilities
facilities, whether such travel or transfer is within this
State or to or from other states, including the travel expenses of
employees designated to accompany the patients.  The trust fund shall be
established and reimbursed from any applicable appropriation for travel
expenses of the Department of Human Services (as successor to the Department
of Mental Health and Developmental Disabilities).
		(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 75/0.01) (from Ch. 91 1/2, par. 1750)Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Mental Health Hispanic Interpreter Act.
		(Source: P.A. 86-1324.) (405 ILCS 75/1) (from Ch. 91 1/2, par. 1751)Sec. 1. 
		
		Every State-operated mental health and developmental disability
facility where at least 1% of total annual admissions for inpatient or
outpatient care consists of recipients of Hispanic descent shall provide a
qualified interpreter when such recipient lacks proficiency in the English
language to such an extent that communication with facility staff for purposes
of receiving care or treatment is prevented. An interpreter shall be provided
at any time such a recipient is admitted to a State-operated facility or seeks
or receives care or treatment at such a facility.  The administrator of each
State-operated facility may utilize existing facility staff in complying with
the requirements of this Act.  For purposes of this Act, "State-operated
facility" means a facility operated by a Department of State government created
under Section 5-15 of the Departments of State Government Law (20
ILCS 5/5-15) or by a public
university of this State.
		(Source: P.A. 91-239, eff. 1-1-00.)
(405 ILCS 80/Art. I heading) ARTICLE I 
(Article repealed by P.A. 93-638, eff. 12-31-03)
(405 ILCS 80/Art. II heading) ARTICLE II  (405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)Sec. 2-1. 
This Article may be cited as the
Home-Based Support Services Law for Adults with Mental Disabilities.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)Sec. 2-2. 
The purpose of this Article is to authorize the
Department of Human Services to encourage,
develop, sponsor and fund home-based and community-based services for adults with mental disabilities in order to provide alternatives to institutionalization
and to permit adults with mental disabilities to remain in their own homes.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)Sec. 2-3. As used in this Article, unless the context requires otherwise:(a) "Agency" means an agency or entity licensed by the Department
pursuant to this Article or pursuant to the Community Residential
Alternatives Licensing Act.(b) "Department" means the Department of Human Services, as successor to
the Department of Mental Health and Developmental Disabilities.(c) "Home-based services" means services provided to an adult with a mental disability who lives in his or her own home.  These services include but are
not limited to:(1) home health services;(2) case management;(3) crisis management;(4) training and assistance in self-care;(5) personal care services;(6) habilitation and rehabilitation services;(7) employment-related services;(8) respite care; and(9) other skill training that enables a person to     become self-supporting.(d) "Legal guardian" means a person appointed by a court of competent
jurisdiction to exercise certain powers on behalf of an adult with a mental disability.(e) "Adult with a mental disability" means a person over the age of 18 years
who lives in his or her own home; who needs home-based services,
but does not require 24-hour-a-day supervision; and who has one of the
following conditions: severe autism, severe mental illness, a severe or
profound intellectual disability, or severe and multiple impairments.(f) In one's "own home" means that an adult with a mental disability lives
alone; or that an adult with a mental disability is in full-time residence with his
or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to
licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the
adult with a mental disability who do not provide home-based services to the
adult with a mental disability.(g) "Parent" means the biological or adoptive parent
of an adult with a mental disability, or a person licensed as a
foster parent under the laws of this State who acts as a foster parent to an adult with a mental disability.(h) "Relative" means any of the following relationships
by blood, marriage or adoption: parent, son, daughter, brother, sister,
grandparent, uncle, aunt, nephew, niece, great grandparent, great uncle,
great aunt, stepbrother, stepsister, stepson, stepdaughter, stepparent or
first cousin.(i) "Severe autism" means a lifelong developmental disability which is
typically manifested before 30 months of age and is characterized by
severe disturbances in reciprocal social interactions; verbal and
nonverbal communication and imaginative activity; and repertoire of
activities and interests.  A person shall be determined severely
autistic, for purposes of this Article, if both of the following are present:(1) Diagnosis consistent with the criteria for     autistic disorder in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.(2) Severe disturbances in reciprocal social     interactions; verbal and nonverbal communication and imaginative activity; repertoire of activities and interests.  A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist.  A determination of severe autism shall not be based solely on behaviors relating to environmental, cultural or economic differences.(j) "Severe mental illness" means the manifestation of all of the
following characteristics:(1) A primary diagnosis of one of the major mental     disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed below:(A) Schizophrenia disorder.(B) Delusional disorder.(C) Schizo-affective disorder.(D) Bipolar affective disorder.(E) Atypical psychosis.(F) Major depression, recurrent.(2) The individual's mental illness must     substantially impair his or her functioning in at least 2 of the following areas:(A) Self-maintenance.(B) Social functioning.(C) Activities of community living.(D) Work skills.(3) Disability must be present or expected to be     present for at least one year.A determination of severe mental illness shall be based upon a
comprehensive, documented assessment with an evaluation by a licensed
clinical psychologist or psychiatrist, and shall not be based solely on
behaviors relating to environmental, cultural or economic differences.(k) "Severe or profound intellectual disability" means a manifestation of all
of the following characteristics:(1) A diagnosis which meets Classification in Mental     Retardation or criteria in the current edition of the Diagnostic and Statistical Manual of Mental Disorders for severe or profound mental retardation (an IQ of 40 or below).  This must be measured by a standardized instrument for general intellectual functioning.(2) A severe or profound level of disturbed adaptive     behavior.  This must be measured by a standardized adaptive behavior scale or informal appraisal by the professional in keeping with illustrations in Classification in Mental Retardation, 1983.(3) Disability diagnosed before age of 18.A determination of a severe or profound intellectual disability shall be based
upon a comprehensive, documented assessment with an evaluation by a
licensed clinical psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors relating to
environmental, cultural or economic differences.(l) "Severe and multiple impairments" means the manifestation of all of
the following characteristics:(1) The evaluation determines the presence of a     developmental disability which is expected to continue indefinitely, constitutes a substantial disability and is attributable to any of the following:(A) Intellectual disability as defined in Section         1-116 of the Mental Health and Developmental Disabilities Code.(B) Cerebral palsy.(C) Epilepsy.(D) Autism.(E) Any other condition which results in         impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities.(2) The evaluation determines multiple disabilities     in physical, sensory, behavioral or cognitive functioning which constitute a severe or profound impairment attributable to one or more of the following:(A) Physical functioning, which severely impairs         the individual's motor performance that may be due to:(i) Neurological, psychological or physical             involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia,(ii) Severe organ systems involvement such as             congenital heart defect,(iii) Physical abnormalities resulting in the             individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or(iv) The need for regular medical or nursing             supervision such as gastrostomy care and feeding.Assessment of physical functioning must be based         on clinical medical assessment by a physician licensed to practice medicine in all its branches, using the appropriate instruments, techniques and standards of measurement required by the professional.(B) Sensory, which involves severe restriction         due to hearing or visual impairment limiting the individual's movement and creating dependence in completing most daily activities. Hearing impairment is defined as a loss of 70 decibels aided or speech discrimination of less than 50% aided. Visual impairment is defined as 20/200 corrected in the better eye or a visual field of 20 degrees or less. Sensory functioning must be based on clinical medical assessment by a physician licensed to practice medicine in all its branches using the appropriate instruments, techniques and standards of measurement required by the professional.(C) Behavioral, which involves behavior that is         maladaptive and presents a danger to self or others, is destructive to property by deliberately breaking, destroying or defacing objects, is disruptive by fighting, or has other socially offensive behaviors in sufficient frequency or severity to seriously limit social integration.  Assessment of behavioral functioning may be measured by a standardized scale or informal appraisal by a clinical psychologist or psychiatrist.(D) Cognitive, which involves intellectual         functioning at a measured IQ of 70 or below.  Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.(3) The evaluation determines that development is     substantially less than expected for the age in cognitive, affective or psychomotor behavior as follows:(A) Cognitive, which involves intellectual         functioning at a measured IQ of 70 or below.  Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.(B) Affective behavior, which involves over and         under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society.  Affective behavior must be based on clinical assessment using the appropriate instruments, techniques and standards of measurement required by the professional.(C) Psychomotor, which includes a severe         developmental delay in fine or gross motor skills so that development in self-care, social interaction, communication or physical activity  will be greatly delayed or restricted.(4) A determination that the disability originated     before the age of 18 years.A determination of severe and multiple impairments shall be based upon a
comprehensive, documented assessment with an evaluation by a licensed
clinical psychologist or psychiatrist.If the examiner is a licensed clinical psychologist, ancillary evaluation
of physical impairment, cerebral palsy or epilepsy must be made by a
physician licensed to practice medicine in all its branches.Regardless of the discipline of the examiner, ancillary evaluation of
visual impairment must be made by an ophthalmologist or a licensed optometrist.Regardless of the discipline of the examiner, ancillary evaluation of
hearing impairment must be made by an otolaryngologist or an audiologist
with a certificate of clinical competency.The only exception to the above is in the case of a person with cerebral
palsy or epilepsy who, according to the eligibility criteria listed below,
has multiple impairments which are only physical and sensory.  In such a
case, a physician licensed to practice medicine in all its branches may
serve as the examiner.(m) "Twenty-four-hour-a-day supervision" means 24-hour-a-day care by a
trained mental health or developmental disability professional on an ongoing
basis.
(Source: P.A. 102-972, eff. 1-1-23.) (405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)Sec. 2-4. 
The Department shall establish a Home-Based Support
Services Program for Adults with Mental Disabilities ("the Program") under this Article.  The
purpose of the Program
is to provide alternatives to institutionalization of adults with mental disabilities and to permit these individuals to live in their own homes.
 The Department shall implement the purpose of the
Program by providing home-based
services to adults with mental disabilities who need home-based services and who
live in their own homes.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)Sec. 2-5. 
The Department shall establish eligibility standards for
the Program, taking into consideration the disability levels and service
needs of the target population.  The Department shall create application
forms which shall be used to determine the eligibility of adults with mental disabilities to participate in the Program. The forms shall be made available by
the Department and shall require at least the following items of
information which constitute eligibility criteria for participation in the
Program:(a) A statement that the adult with a mental     disability resides in the State of Illinois and is over the age of 18 years.(b) Verification that the adult with a mental     disability has one of the following conditions:  severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments.(c) Verification that the adult with a mental     disability has applied and is eligible for federal Supplemental Security Income or federal Social Security Disability Income benefits.(d) Verification that the adult with a mental     disability resides full-time in his or her own home or that, within 2 months of receipt of services under this Article, he or she will reside full-time in his or her own home.The Department may by rule adopt provisions establishing liability of
responsible relatives of a recipient of services under this Article for the
payment of sums representing charges for services to such recipient.  Such
rules shall be substantially similar to the provisions for such liability
contained in Chapter V of the Mental Health and Developmental Disabilities
Code, as now or hereafter amended, and rules adopted pursuant thereto.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.) (405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)Sec. 2-6. 
An application for the Program shall be submitted to the
Department by the adult with a mental disability or, if the adult with a mental disability 
requires a guardian, by his or her legal guardian.  If the application for
participation in the Program is approved by the Department and the adult with a mental disability is eligible to receive services under this Article, the adult with a mental disability shall be made aware of the availability of a community support
team and shall be offered case management services.  The amount of the
home-based services provided by the Department in any month shall be determined
by the service plan of the adult with a mental disability, but in no case shall it be
more than either:(a) three hundred percent of the monthly federal     Supplemental Security Income payment for an individual residing alone if the adult with a mental disability  is not enrolled in a special education program by a local education agency, or(b) two hundred percent of the monthly Supplemental     Security Income payment for an individual residing alone if the adult with a mental disability is enrolled in a special education program by a local education agency.Upon approval of the Department, all or part of the monthly amount approved
for home-based services to participating adults may be used as a one-time or
continuing payment to the eligible adult or the adult's parent or guardian to
pay for specified tangible items that are directly related to meeting basic
needs related to the person's mental disabilities.Tangible items include, but are not limited to: adaptive equipment,
medication not covered by third-party payments, nutritional supplements, and
residential modifications.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-7) (from Ch. 91 1/2, par. 1802-7)Sec. 2-7. 
		
		Services supported by this Article shall be offered by
community health and developmental service providers which have been
approved and designated by the Department.
		(Source: P.A. 86-921.) (405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)Sec. 2-8. 
Services provided by the Department under the
Program shall be denied:(a) if the adult with a mental disability no longer     meets the eligibility criteria,(b) if the adult with a mental disability submits     false information in an application or reapplication for participation in the Program, or(c) if the adult with a mental disability fails to     request or access any services after 120 days.  Prior to making the decision, if the adult with mental disabilities has failed to request or access any services within 90 days, the Department shall give written notice to the person who signed the application that participation in the Program will be denied if services are not requested or accessed within 30 days.Whenever services provided by the Department under the Program are denied
for the reasons in paragraphs (a), (b), or (c) of this Section, the Department shall give
written notice of the decision and the reasons for denial of services to
the person who signed the application.  Such notice shall contain
information on requesting an appeal under Section 2-13.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-9) (from Ch. 91 1/2, par. 1802-9)Sec. 2-9. 
		
		Reapplication for participation in the
Program shall be made annually.
		(Source: P.A. 86-921.) (405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)Sec. 2-10. 
Before eligible adults with mental disabilities receive services
under this Article, they shall maximize use of other services provided by
other governmental agencies, including but not limited to educational and
vocational services.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)Sec. 2-11. 
The Department, as successor to any agreements between the
Department of Mental Health and
Developmental Disabilities and the Department of Rehabilitation
Services for the provision of training, employment placement, and
employment referral services for the adults with mental disabilities served under this
Article, shall carry out the responsibilities, if any, incurred by its
predecessor agencies under those agreements.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-12) (from Ch. 91 1/2, par. 1802-12)Sec. 2-12. 
		(Repealed). 
		(Source: P.A. 86-921.  Repealed by P.A. 92-111, eff. 1-1-02.) (405 ILCS 80/2-13) (from Ch. 91 1/2, par. 1802-13)Sec. 2-13. 
		
		If the Department denies an application for participation
in the Program or denies services as provided in Section 2-8,
the Department shall give written notice of the denial to the person who
signed the application.  The person who signed the application may appeal
the Department's denial within 20 days after receipt of the Department's
written notice by mailing a written appeal request to the Department.  The
Department's denial of an appeal shall constitute a final administrative
decision.  Final administrative decisions shall be subject to judicial
review exclusively as provided in the Administrative Review Law, as now or
hereafter amended, except that any petition for judicial review of a final
administrative decision by the Department under this Article shall be filed
within 30 days after receipt of notice of the Department's final
administrative decision.  The term "administrative decision" has the meaning
ascribed
to it in Section 3-101 of the Code of Civil Procedure, as now or hereafter
amended.
		(Source: P.A. 86-921; 87-1158.) (405 ILCS 80/2-14) (from Ch. 91 1/2, par. 1802-14)Sec. 2-14. 
		
		The Department shall make available financial assistance
to adults with a developmental disability to effectuate implementation of the
Developmental Disabilities Services Plan developed under Article I of this Act.
 The Department shall develop a plan and rules for making home-based services
uniformly available to eligible adults throughout the State to the extent that
appropriations allow.
		(Source: P.A. 88-380.) (405 ILCS 80/2-15) (from Ch. 91 1/2, par. 1802-15)Sec. 2-15. 
		
		The Department shall have all powers and duties necessary
to implement this Article.
		(Source: P.A. 86-921.) (405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)Sec. 2-16. 
The Department shall adopt rules pursuant to the Illinois
Administrative Procedure Act to implement the Home-Based Support Services
Program for Adults with Mental Disabilities.  The rules shall include the intake
procedures, application process and eligibility requirements for adults with mental disabilities who apply for services under the
Program.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/2-17)Sec. 2-17. Transition from special education.(a) If a person receiving special educational services under Article 14 of
the School Code at a school in this State has severe autism, severe mental
illness, a severe or profound intellectual disability, or severe and multiple
impairments and is not over 18 years of age but is otherwise eligible to
participate in the Program, the person shall be determined eligible to
participate in the
Program, subject to the availability of funds appropriated for this purpose,
when he or she becomes an adult and no longer receives special
educational services.(b) The Department shall implement this Section for fiscal years beginning
July 1, 1996 and thereafter.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 80/Art. IV heading) ARTICLE IV  (405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)Sec. 4-1. 
The Department of Human Services may provide access to home-based
and community-based services for
children and adults with mental disabilities through the designation of local
screening and assessment units and community support teams.  The screening
and assessment units shall provide comprehensive assessment; develop
individual service plans; link the persons with mental disabilities and
their families to community providers for implementation of the plan; and
monitor the plan's implementation for the time necessary to insure that the
plan is appropriate and acceptable to the persons with mental disabilities
and their families.  The Department also will make available community
support services in each local geographic area for persons with severe
mental disabilities.  Community support teams will provide case management,
ongoing guidance and assistance for persons with mental disabilities; will offer
skills training, crisis/behavioral intervention, client/family support, and
access to medication management; and provide individual client assistance to
access housing, financial benefits, and employment-related services.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 80/4-2) (from Ch. 91 1/2, par. 1804-2)Sec. 4-2. 
		
		Expenditures for services under Article IV of the Act shall
be subject to available appropriations.
		(Source: P.A. 86-921.)
(405 ILCS 80/Art. V heading) ARTICLE V  (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)Sec. 5-1. 
As the mental health and developmental disabilities or
intellectual disabilities authority for the State of Illinois, the Department
of Human Services shall
have the authority to license, certify and prescribe standards
governing the programs and services provided under this Act, as well as all
other agencies or programs which provide home-based or community-based
services to persons with mental disabilities, except those services, programs or
agencies established under or otherwise subject to the Child Care Act of
1969, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, as now or hereafter amended, and this
Act shall not be construed to limit the application of those Acts.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.) (405 ILCS 80/5-2) (from Ch. 91 1/2, par. 1805-2)Sec. 5-2. 
		
		The Department shall have all powers and duties necessary
to implement this Act.
		(Source: P.A. 86-921.) (405 ILCS 80/5-3) (from Ch. 91 1/2, par. 1805-3)Sec. 5-3. 
		
		The Department shall adopt rules pursuant to the Illinois
Administrative Procedure Act to implement this Act.
The rules shall include the intake procedures, application process and
eligibility requirements for those who apply for services under the Act.
The Department will convene a family advisory council and seek advice from
the council on ways to appropriately implement Articles II and III of the Act.
		(Source: P.A. 86-921.) (405 ILCS 80/5-4)Sec. 5-4. Home and Community-Based Services Waivers; autism spectrum disorder.   A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities, without regard to whether that person is also diagnosed with an intellectual disability, so long as the person otherwise meets applicable level-of-care criteria under those waivers.  This amendatory Act of the 95th General Assembly does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created
by any other law.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 80/Art. VI heading) ARTICLE VI.  COMMUNITY RESIDENTIAL CHOICES PROGRAM
(Source: P.A. 95-636, eff. 10-5-07.) (405 ILCS 80/6-1)Sec. 6-1. Community Residential Choices Program.(a) The purpose of this Article is to promote greater compatibility among individuals with developmental disabilities who live together by allowing individuals with developmental disabilities who meet either the emergency or critical need criteria of the Department of Human Services as defined under the Department's developmental disabilities cross-disability database (as required by Section 10-26 of the Department of Human Services Act), and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, to choose to live together in a community-based residential program.(b) For purposes of this Article:"Community-based residential program" means one of a variety of living arrangements for persons with developmental disabilities, including existing settings such as community-integrated living arrangements, and may also include newly developed settings that are consistent with this definition."Developmental disability" may include an autism spectrum disorder.(c) A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities without regard to whether that person is also diagnosed with an intellectual disability, so long as the person otherwise meets applicable level-of-care criteria under those waivers.  This provision does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law.
(Source: P.A. 97-227, eff. 1-1-12.) (405 ILCS 80/6-5)Sec. 6-5. Placements. Commencing with the State fiscal year beginning on July 1, 2007, subject to appropriation, the Department of Human Services shall fund residential capacities in geographic locations in the State with the goal of placing no fewer than 80 individuals who meet the emergency or critical need criteria of the Department's developmental disabilities cross-disabilities database,  and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, in community-based residential programs with chosen housemates. Priority in the allocation of funds for this program shall be given to individuals who choose to reside with 3 or fewer individuals.
(Source: P.A. 95-636, eff. 10-5-07.)
(405 ILCS 80/Art. VII-A heading) ARTICLE VII-A.  DIVERSION FROM FACILITY-BASED CARE PROGRAM
(Source: P.A. 100-924, eff. 7-1-19; 101-81, eff. 7-12-19.) (405 ILCS 80/7A-1)(Section scheduled to be repealed on January 1, 2025)Sec. 7A-1. Diversion from Facility-based Care Pilot Program.(a)     The purposes  of this Article are to:(1) decrease the number of admissions to     State-operated facilities;(2) address the needs of individuals receiving Home     and Community Based Services (HCBS)  with intellectual disabilities or developmental disabilities who are at risk of facility-based care due to significant behavioral challenges, some with a dual diagnosis of mental illness, by providing a community-based residential alternative to facility-based care  consistent with their individual plans, and to transition these individuals back to a traditional community-integrated living arrangement or other HCBS community setting program;(3) create greater capacity within the short-term     stabilization homes by allowing individuals who need an extended period of treatment to transfer to a long-term stabilization home;(4) stabilize the existing community-integrated     living arrangement homes where the presence of individuals with complex behavioral challenges is disruptive to their housemates; and(5) add support services to        enhance community     service providers who serve individuals with significant behavioral challenges.(b)   Subject to appropriation or the availability of other funds for these purposes at the discretion of the Department, the Department shall establish the Diversion from Facility-based Care Pilot Program consisting of at least 6 homes in various locations in this State in accordance with this Article and the following model:(1) the Diversion from Facility-based Care Model     shall serve individuals with intellectual disabilities or developmental disabilities who are currently receiving HCBS services and are at risk of facility-based care due to significant behavioral challenges, some with a dual diagnosis of mental illness, for a period ranging from one to 2 years, or longer if appropriate for the individual;(2) the Program shall be regulated in accordance with     the community-integrated living arrangement guidelines;(3) each home shall support no more than 4 residents,     each having his or her own bedroom;(4) if, at any point, an individual, his or her     guardian, or family caregivers, in conjunction with the provider and clinical staff, believe the individual is capable of participating in a HCBS service, those opportunities shall be offered as they become available; and(5) providers shall have adequate resources,     experience, and qualifications to serve the population target by the Program, as determined by the Department;(6) participating Program providers and the     Department shall participate in an ongoing collaborative whereby best practices and treatment experiences would be shared and utilized;(7) home locations shall be proposed by the provider     in collaboration with other community stakeholders;(8) The Department, in collaboration with     participating providers, by rule shall develop data collection and reporting requirements for participating community service providers. Beginning December 31, 2020 the Department shall submit an annual report electronically to the General Assembly and Governor that outlines the progress and effectiveness of the pilot program.  The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form only, in the manner that the Clerk and the Secretary shall direct;(9) the staffing model shall allow for a high level     of community integration and engagement and family involvement; and(10) appropriate day services, staff training     priorities, and home modifications shall be incorporated into the Program model, as allowed by HCBS authorization.(c)      This Section is repealed on January 1, 2025. 
(Source: P.A. 102-1109, eff. 12-21-22.)
(405 ILCS 80/Art. VII heading) ARTICLE VII.  FAMILY CENTERS
(Source: P.A. 101-61, eff. 1-1-20.) (405 ILCS 80/7-1)Sec. 7-1. Community-based pilot program.(a) Subject to appropriation, the Department of Human Services' Division of Mental Health shall make available funding for the development and implementation of a comprehensive and coordinated continuum of community-based pilot programs for persons with or at risk for a mental health diagnosis that is sensitive to the needs of local communities.The funding shall allow for the development of one or more pilot programs that will support the development of local social media campaigns that focus on the prevention or promotion of mental wellness and provide linkages to mental health services, especially for those individuals who are uninsured or underinsured.For a provider to be considered for the pilot program, the provider must demonstrate the ability to:(1) implement the pilot program in an area that shows     a high need or underutilization of mental health services;(2) offer a comprehensive strengths-based array of     mental health services;(3) collaborate with other systems and government     entities that exist in a community;(4) provide education and resources to the public on     mental health issues, including suicide prevention and wellness;(5) develop a local social media campaign that     focuses on the prevention or promotion of mental wellness;(6) ensure that the social media campaign is     culturally relevant, developmentally appropriate, trauma informed, and covers information across an individual's lifespan;(7) provide linkages to other appropriate services in     the community;(8) provide a presence staffed by mental health     professionals in natural community settings, which includes any setting where an individual who has not been diagnosed with a mental illness typically spends time; and(9) explore partnership opportunities with     institutions of higher learning in the areas of social work or mental health.(b) The Department of Human Services is authorized to adopt and implement any administrative rules necessary to carry out the pilot program.
(Source: P.A. 101-61, eff. 1-1-20.)
(405 ILCS 80/Art. X heading) ARTICLE X.  WORKFORCE TASK FORCE FOR
PERSONS WITH DISABILITIES
(Repealed)(Source: P.A. 95-876, eff. 8-21-08. Repealed by P.A 99-933, eff. 1-27-17.)
(405 ILCS 80/Art. XI heading) ARTICLE XI.  DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY BOARD
(Source: P.A. 98-607, eff. 12-27-13.) (405 ILCS 80/11-1)Sec. 11-1. Developmental Disabilities Regulatory Advisory Board.(a)  The Director of the Division of Developmental Disabilities within the Department shall appoint a Developmental Disabilities Regulatory Advisory Board, no later than October 1, 2013, whose members are capable of actively participating on the Advisory Board, to consult with the Department regarding Parts 115, 116, 117, 119, and 120 of Title 59 of the Illinois Administrative Code, as provided in this Section.(b)  The Advisory Board shall be composed of the following persons:(1)  The Director of the Division of Developmental     Disabilities, or his or her designee, shall serve as an ex-officio member and shall serve as chairperson of the Advisory Board.(2)  One representative of the Department of     Healthcare and Family Services and one representative of the Office of the State Fire Marshal, each of whom shall serve as ex-officio members.(3)  Five persons selected from recommendations of     organizations whose membership consists of providers within the developmental disabilities service delivery system.(4)  Two persons who are guardians or family members     of persons with developmental disabilities and who do not have responsibility for management or formation of policy regarding the programs subject to review of the Advisory Board.(5) Two persons who receive developmental     disabilities services funded by the Division.(6)  Two persons selected from the recommendations of     consumer organizations that engage solely in advocacy or legal representation on behalf of persons with developmental disabilities and their immediate families.(7)  One person who is a representative of a labor     organization which represents direct support persons, working within one of the programs subject to review of the Advisory Board.(c)  The Advisory Board shall meet as frequently as the chairperson deems necessary, but not less than once each calendar year.  Upon request of 6 or more members, the chairperson shall call a meeting of the Advisory Board.  A member of the Advisory Board may designate a replacement to serve at the Advisory Board meeting in place of the member by submitting a letter of designation to the chairperson prior to or at the Advisory Board meeting, but a replacement for an Advisory Board member may not serve as a replacement for more than 2 consecutive meetings.(d)  The Advisory Board shall advise the Department of Human Services Division of Developmental Disabilities on the format and content of any amendments to rules referenced in subsection (a) proposed by the Division of Developmental Disabilities.  Any of these rules, except emergency rules adopted under Section 5-45 of the Illinois Administrative Procedure Act, adopted without obtaining the advice of the Advisory Board are null and void.  If the Department fails to follow the advice of the Advisory Board on proposed rules, the Department shall, prior to the adoption of the rules, transmit a written explanation of the reason therefor to the Advisory Board.(e)  During its review of proposed rules as requested by the Department, the Advisory Board shall discuss the economic impact of those rules.(f)  If the Advisory Board, having been asked for its advice, fails to advise the Department within 45 days, the rules shall be considered acted upon.(g)  The Department shall provide staff and technical support to the Advisory Board to perform its functions under this Section. 
(Source: P.A. 98-607, eff. 12-27-13.)
(405 ILCS 82/1)Sec. 1. Short title. This Act may be cited as the Developmental Disability and Mental Health Safety Act or Brian's Law.
(Source: P.A. 96-1235, eff. 1-1-11.) (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 disabilities has been negatively impacted and, in an unacceptable number of instances, has resulted in serious health consequences and even death.(b) In response to growing concern over the safety of the State-operated developmental disability facilities, following a series of resident deaths, the agency designated by the Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act opened a systemic investigation to examine all such deaths for a period of time, including the death of a young man in his twenties, Brian Kent, on October 30, 2002, and released a public report, "Life and Death in State-Operated Developmental Disability Institutions," which included findings and recommendations aimed at preventing such tragedies in the future.(c) The documentation of substandard medical care and treatment of individual residents living in the State-operated facilities cited in that report necessitate that the State of Illinois take immediate action to prevent further injuries and deaths.(d) The agency designated by the Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act has also reviewed conditions and deaths of individuals with disabilities living in or transferred to community-based facilities and found similar problems in some of those settings.(e) The circumstances associated with deaths in both State-operated facilities and community-based facilities, and review of the State's investigations and findings regarding these incidents, demonstrate that the current federal and State oversight and investigatory systems are seriously under-funded.(f) An effective mortality review process enables state service systems to focus on individual deaths and consider the broader issues, policies, and practices that may contribute to these tragedies.  This critical information, when shared with public and private facilities, can help to reduce circumstances that place individuals at high risk of serious harm and even death.(g) The purpose of this Act is to establish within the Department of Human Services a low-cost, volunteer-based mortality review process conducted by an independent team of experts that will enhance the health and safety of the individuals served by Illinois' developmental disability and mental health service delivery systems.(h) This independent team of experts will be comparable to 2 existing types of oversight teams:  the Abuse Prevention Review Team created under the jurisdiction of the Department of Public Health, which examines deaths of individuals living in long-term care facilities, and Child Death Review Teams created under the jurisdiction of the Department of Children and Family Services, which reviews the deaths of children.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 82/10)Sec. 10. Definitions.   As used in this Act:"Community agency" means (i) a community agency licensed, funded, or certified by the Department of Human Services, but not licensed or certified by any other human services agency of the State, to provide developmental disabilities service or mental health service or (ii) a program licensed, funded, or certified by the Department of Human Services, but not licensed or certified by any other human services agency of the State, to provide developmental disabilities service or mental health service."Facility" means a developmental disabilities facility or mental health facility operated by the Department of Human Services.
(Source: P.A. 96-1235, eff. 1-1-11.) (405 ILCS 82/15)Sec. 15. Mortality Review Process.(a) The Department of Human Services shall develop an independent team of experts from the academic, private, and public sectors to examine all deaths at facilities and community agencies.(b) The Secretary of Human Services, in consultation with the Director of Public Health, shall appoint members to the independent team of experts, which shall consist of at least one member from each of the following categories:1. Physicians experienced in providing medical care     to individuals with developmental disabilities.2. Physicians experienced in providing medical care     to individuals with mental illness.3. Registered nurses experienced in providing medical     care to individuals with developmental disabilities.4. Registered nurses experienced in providing medical     care to individuals with mental illness.5. Psychiatrists.6. Psychologists.7. Representatives of the Department of Human     Services who are not employed at the facility at which the death occurred.8. Representatives of the Department of Public Health.9. Representatives of the agency designated by the     Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act.10. State's Attorneys or State's Attorneys'     representatives.11. Coroners or forensic pathologists.12. Representatives of local hospitals, trauma     centers, or providers of emergency medical services.13. Other categories of persons, as the Secretary of     Human Services may see fit.The independent team of experts may make recommendations to the Secretary of Human Services concerning additional appointments.  Each team member must have demonstrated experience and an interest in investigating, treating, or preventing the deaths of individuals with disabilities. The Secretary of Human Services shall appoint additional teams if the Secretary or the existing team determines that more teams are necessary to accomplish the purposes of this Act.  The members of a team shall be appointed for 2-year staggered terms and shall be eligible for reappointment upon the expiration of their terms.  Each independent team shall select a Chairperson from among its members.(c) The independent team of experts shall examine the deaths of all individuals who have died while under the care of a facility or community agency.(d) The purpose of the independent team of experts' examination of such deaths is to do the following:1. Review the cause and manner of the individual's     death.2. Review all actions taken by the facility, State     agencies, or other entities to address the cause or causes of death and the adequacy of medical care and treatment.3. Evaluate the means, if any, by which the death     might have been prevented.4. Report its observations and conclusions to the     Secretary of Human Services and make recommendations that may help to reduce the number of unnecessary deaths.5. Promote continuing education for professionals     involved in investigating and preventing the unnecessary deaths of individuals under the care of a facility or  community agency.6. Make specific recommendations to the Secretary of     Human Services concerning the prevention of unnecessary deaths of individuals under the care of facilities and community agencies, including changes in policies and practices that will prevent harm to individuals with disabilities, and the establishment of protocols for investigating the deaths of these individuals.(e) The independent team of experts must examine the cases submitted to it on a quarterly basis.  The team shall meet at least once in each calendar quarter if there are cases to be examined.  The Department of Human Services shall forward cases within 90 days after completion of a review or an investigation into the death of an individual residing at a facility or community agency.(f) Within 90 days after receiving recommendations made by the independent team of experts under subsection (d) of this Section, the Secretary of Human Services must review those recommendations, as feasible and appropriate, and shall respond to the team in writing to explain the implementation of those recommendations.(g) The Secretary of Human Services shall establish protocols governing the operation of the independent team.  Those protocols shall include the creation of sub-teams to review the case records or portions of the case records and report to the full team.  The members of a sub-team shall be composed of team members specially qualified to examine those records. In any instance in which the independent team does not operate in accordance with established protocol, the Secretary of Human Services shall take any necessary actions to bring the team into compliance with the protocol.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 82/20)Sec. 20. Independent team of experts' access to information.(a) The Secretary of Human Services shall provide to the independent team of experts, on the request of the team Chairperson, all records and information in the Department's possession that are relevant to the team's examination of a death of the sort described in subsection (c) of Section 10, including records and information concerning previous reports or investigations of any matter, as determined by the team.(b) The independent team shall have access to all records and information that are relevant to its review of a death and in the possession of a State or local governmental agency or other entity.  These records and information shall include, without limitation, death certificates, all relevant medical and mental health records, records of law enforcement agency investigations, records of coroner or medical examiner investigations, records of the Department of Corrections and Department of Juvenile Justice concerning a person's parole, aftercare release, records of a probation and court services department, and records of a social services agency that provided services to the person who died.
(Source: P.A. 98-558, eff. 1-1-14.) (405 ILCS 82/25)Sec. 25. Public access to and confidentiality of information.(a) Meetings of the independent team of experts shall be closed to the public.(b) Records and information provided to the independent team of experts are confidential.  Nothing contained in this subsection (b) prevents the sharing or disclosure of records, other than those produced by the independent team, relating or pertaining to the death of an individual.(c) Members of the independent team of experts are not subject to examination, in any civil or criminal proceeding, concerning information presented to members of the team or opinions formed by members of the team based on that information.  A person may, however, be examined concerning information provided to the team that is otherwise available to the public.(d) Records and information produced by the team are not subject to discovery or subpoena and are not admissible as evidence in any civil or criminal proceeding.  Those records and information are, however, subject to discovery or a subpoena, and are admissible as evidence to the extent they are otherwise available to the public.
(Source: P.A. 96-1235, eff. 1-1-11.) (405 ILCS 82/30)Sec. 30. Indemnification. The State shall indemnify and hold harmless members of the independent team for all their acts, omissions, decisions, or other conduct arising out of the scope of their service on the team, except those involving willful or wanton misconduct.  The method of providing indemnification shall be as provided in the State Employee Indemnification Act.
(Source: P.A. 96-1235, eff. 1-1-11.) (405 ILCS 82/35)Sec. 35. Department's annual report. The Department of Human Services shall include in its annual report to the General Assembly a report of the activities of the independent team of experts, the results of the team's observations and conclusions, categories of members of the team as prescribed in Section 10 of this Act which are currently vacant, recommendations made by the team to the Governor, State agencies, or other entities, and, as applicable, either (i) the implementation of the recommendations or (ii) the reasons the recommendations were not implemented.
(Source: P.A. 96-1235, eff. 1-1-11.) (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 and neglect, the right to receive quality services, and the right to an adequate discharge plan and timely transition to the least restrictive setting to meet their individual needs and desires.  The Department shall provide this information, which shall be developed in collaboration with the agency designated by the Governor pursuant to the Protection and Advocacy for Persons with Developmental Disabilities Act, in order to allow individuals with disabilities and their guardians and families to make informed decisions regarding the provision of services that can meet the individual's needs and desires.  The Department shall provide this information to all facilities and community agencies to be made available upon admission and at least annually thereafter for as long as the individual remains in the facility.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 82/90)Sec. 90. (Amendatory provisions; text omitted).
(Source: P.A. 96-1235, eff. 1-1-11; text omitted.) (405 ILCS 82/95)Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 96-1235, eff. 1-1-11; text omitted.) (405 ILCS 82/100)Sec. 100. (Amendatory provisions; text omitted).
(Source: P.A. 96-1235, eff. 1-1-11; text omitted.) (405 ILCS 82/105)Sec. 105. The Mental Health and Developmental Disabilities Code is amended  by repealing Section 5-100A.
(Source: P.A. 96-1235, eff. 1-1-11.) (405 ILCS 82/110)Sec. 110. (Amendatory provisions; text omitted).
(Source: P.A. 96-1235, eff. 1-1-11; text omitted.)
(405 ILCS 85/1) (from Ch. 91 1/2, par. 2001)Sec. 1. 
		Short title. 
		This Act may be cited as the Home Environment Living Program Act.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 85/2) (from Ch. 91 1/2, par. 2002)Sec. 2. 
		Purpose. 
		The purpose of this Act is to create a program which
provides services and care in substitute family homes for persons with a
developmental disability and which allows individuals who have skills in
parenting, and who are recipients of public assistance, to apply those
skills in caring for persons with a disability.
		(Source: P.A. 86-1385.) (405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)Sec. 3. Definitions. In this Act:(a) "Department" means the Department of Human Services.(b) "Project HELP" means the Home Environment Living Program.(c) "Home caregiver" means a substitute family home which provides
services and care to a child or adult who is a person with a severe disability.
(Source: P.A. 99-143, eff. 7-27-15.) (405 ILCS 85/4) (from Ch. 91 1/2, par. 2004)Sec. 4. 
		Powers and duties. 
		The Department shall have the power to
promulgate rules to effectuate the policies of this Act and shall:(a) administer Project HELP.(b) assure that any individual who serves as a home caregiver receives
adequate training prior to and during the employment period.(c) provide support services and monitoring to assure quality services
are provided which promote long term, stable placements.
		(Source: P.A. 89-507, eff. 7-1-97.) (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 benefits during the training and transition period.
		(Source: P.A. 89-507, eff. 7-1-97.) (405 ILCS 85/6) (from Ch. 91 1/2, par. 2006)Sec. 6. 
		Home caregivers. 
		Prospective home caregivers shall be
selected from among recipients of public assistance according to their
capacity to provide a safe, healthy, nurturing home environment and to
assure reliable quality care.  No individual shall be required to
participate nor may any individual's public assistance benefits be denied
due to declining to participate in this program.  Each home caregiver who
serves a child shall be licensed as a foster home by the Department of
Children and Family Services or a designated Child Welfare Agency prior to
placement of any individual in the home.  Each Project HELP home shall
serve one individual; the Department may waive this provision in
exceptional circumstances, but in no case may more than two individuals be
served in the same Project HELP home.
		(Source: P.A. 86-1385.) (405 ILCS 85/7) (from Ch. 91 1/2, par. 2007)Sec. 7. 
		Individuals to be served. 
		Individuals to be served in
Project HELP homes shall be children or adults with a severe disability who
would benefit from a family home environment.  The primary target
population is persons residing in State  operated developmental centers
prior to placement in a Project HELP home.  Clients shall exercise choice
in determining whether they wish to participate in Project HELP and in
selecting the individual who will serve as the Home caregiver.
		(Source: P.A. 86-1385.) (405 ILCS 85/8) (from Ch. 91 1/2, par. 2008)Sec. 8. 
		Implementation. 
		Implementation of this program is subject to
the availability of funds appropriated for this purpose.  Actual placement
of individuals shall not occur earlier than 180 days after the effective
date of this Act.
		(Source: P.A. 86-1385.) (405 ILCS 85/9) (from Ch. 91 1/2, par. 2009)Sec. 9. 
		This Act takes effect upon becoming law. 
		(Source: P.A. 86-1385.)
(405 ILCS 90/1)Sec. 1. Short title. This Act may be cited as the Health Care Workplace Violence Prevention Act.
(Source: P.A. 94-347, eff. 7-28-05.) (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 be greater than documented because of failure to report such incidents or failure to maintain records of incidents that are reported.(3) Patients, visitors, and health care employees     should be assured a reasonably safe and secure environment in a health care workplace.(4) Many health care workplaces have undertaken     efforts to ensure that patients, visitors, and employees are safe from violence, but additional personnel training and appropriate safeguards may be needed to prevent workplace violence and minimize the risk and dangers affecting people in connection with the delivery of health care. (Source: P.A. 94-347, eff. 7-28-05.) (405 ILCS 90/10)Sec. 10. Definitions. In this Act:"Department" means (i)  the Department of Human Services, in the case of a health care workplace that is operated or regulated by the Department of Human Services, or (ii) the Department of Public Health, in the case of a health care workplace that is operated or regulated by the Department of Public Health."Director" means the Secretary of Human Services or the Director of Public Health, as appropriate."Employee" means any individual who is employed on a full-time, part-time, or contractual basis by a health care workplace."Health care workplace" means a mental health facility or developmental disability facility as defined in the Mental Health and Developmental Disabilities Code, other than a hospital or unit thereof licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act. "Health care workplace" does not include, and shall not be construed to include, any office of a physician licensed to practice medicine in all its branches, an advanced practice registered nurse, or a physician assistant, regardless of the form of such office."Imminent danger" means a preliminary determination of immediate, threatened, or impending risk of physical injury as determined by the employee."Responsible agency" means the State agency that (i) licenses, certifies, registers, or otherwise regulates or exercises jurisdiction over a health care workplace or a health care workplace's activities or (ii) contracts with a health care workplace for the delivery of health care services."Violence" or "violent act" means any act by a patient or resident  that causes or threatens to cause an injury to  another person.

(Source: P.A. 100-513, eff. 1-1-18.) (405 ILCS 90/15)Sec. 15. Workplace violence plan.(a) By July 1, 2007 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2008 (in the case of health care workplaces not participating in the pilot project), every health care workplace must adopt and implement a plan to reasonably prevent and protect employees from violence at  that setting. The plan must address security considerations related to the following items, as appropriate to the particular workplace, based on the hazards identified in the assessment required under subsection (b):(1) The physical attributes of the health care     workplace.(2) Staffing, including security staffing.(3) Personnel policies.(4) First aid and emergency procedures.(5) The reporting of violent acts.(6) Employee education and training.(b) Before adopting the plan required under subsection (a), a health care workplace must conduct a security and safety assessment to identify existing or potential hazards for violence and determine the appropriate preventive action to be taken. The assessment must include, but need not be limited to, a measure of the frequency of, and an identification of the causes for and consequences of, violent acts at the workplace during at least the preceding 5 years or for the years for which records are available.(c) In adopting the plan required by subsection (a), a health care workplace may consider any guidelines on violence in the workplace or in health care workplaces issued by the Department of Public Health, the Department of Human Services, the federal Occupational Safety and Health Administration, Medicare, and health care workplace accrediting organizations.(d) It is the intent of the General Assembly that any violence protection and prevention plan developed under this Act be appropriate to the setting in which it is to be implemented. To that end, the General Assembly recognizes that not all health care services are provided in a facility or other formal setting. Many health care services are provided in other, less formal settings. The General Assembly finds that it may be inappropriate and impractical for all health care workplaces to address workplace violence in the same manner. When enforcing this Act, the Department shall allow a health care workplace sufficient flexibility in recognition of the unique circumstances in which the health care workplace may deliver services.(e) Promptly after adopting a plan under  subsection (a), a health care workplace must file a copy of its plan with the Department. The Department shall then forward a copy of the plan to the appropriate responsible  agency.(f) A health care workplace must review its plan at least once every 3 years and must report each such review to the Department, together with any changes to the plan adopted by the health care workplace. If a health care workplace does not adopt any changes to its plan in response to such a review, it must report that fact to the Department. A health care workplace must promptly report to the Department all changes to the health care workplace's plan, regardless of whether those changes were adopted in response to a periodic review required under this subsection. The Department shall then forward a copy of the review report and changes, if any, to the appropriate responsible agency.(g) A health care workplace that is required to submit written documentation of active safety and violence prevention plans to comply with national accreditation standards shall be deemed to be in compliance with subsections (a), (b), (c), and (f) of this Section when the health care workplace forwards a copy of that documentation to the Department.
(Source: P.A. 94-347, eff. 7-28-05.) (405 ILCS 90/20)Sec. 20. Violence prevention training. By July 1, 2006 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2009 (in the case of health care workplaces not participating in the pilot project), and on a regular basis thereafter, as set forth in the plan adopted under Section 15, a health care workplace must provide violence prevention training to all its affected employees as determined by the plan. For temporary employees, training must take into account unique circumstances. A health care workplace also shall provide periodic follow-up training for its employees as appropriate.  The training may vary by the plan and may include, but need not be limited to, classes, videotapes, brochures, verbal training, or other verbal or written training that is determined to be appropriate under the plan. The training must address the following topics, as appropriate to the particular health care workplace and to the duties and responsibilities of the particular employee being trained, based on the hazards identified in the assessment required under Section 15:(1) General safety procedures.(2) Personal safety procedures.(3) The violence escalation cycle.(4) Violence-predicting factors.(5) Obtaining patient history from a patient with a     history of violent behavior.(6) Verbal and physical techniques to de-escalate and     minimize violent behavior.(7) Strategies to avoid physical harm.(8) Restraining techniques, as permitted and governed     by law.(9) Appropriate use of medications to reduce violent     behavior.(10) Documenting and reporting incidents of violence.(11) The process whereby employees affected by a     violent act may debrief or be calmed down and the tension of the situation may be reduced.(12) Any resources available to employees for coping     with violence.(13) The workplace violence prevention plan adopted     under Section 15.(14) The protection of confidentiality in accordance     with the Health Insurance Portability and Accountability Act of 1996 and other related provisions of law.(Source: P.A. 94-347, eff. 7-28-05.) (405 ILCS 90/25)Sec. 25. Record of violent acts. Beginning no later than July 1, 2007 (in the case of a health care workplace participating in the pilot project under Section 35) or July 1, 2008 (in the case of health care workplaces not participating in the pilot project), every health care workplace must keep a record of any violent act against an employee, a patient, or a visitor occurring at the workplace. At a minimum, the record must include the following:(1) The health care workplace's name and address.(2) The date, time, and specific location at the     health care workplace where the violent act occurred.(3) The name, job title, department or ward     assignment, and staff identification or other identifier of the victim, if the victim was an employee.(4) A description of the person against whom the     violent act was committed as one of the following:(A) A patient.(B) A visitor.(C) An employee.(D) Other.(5) A description of the person committing the     violent act as one of the following:(A) A patient.(B) A visitor.(C) An employee.(D) Other.(6) A description of the type of violent act  as one     of the following:(A) A verbal or physical threat that presents         imminent danger.(B) A physical assault with major soreness, cuts,         or large bruises.(C) A physical assault with severe lacerations, a         bone fracture, or a head injury.(D) A physical assault with loss of limb or death.(E) A violent act requiring employee response, in         the course of which an employee is injured.(7) An identification of any body part injured.(8) A description of any weapon used.(9) The number of employees in the vicinity of the     violent act when it occurred.(10) A description of actions taken by employees and     the health care workplace in response to the violent act. (Source: P.A. 94-347, eff. 7-28-05.) (405 ILCS 90/30)Sec. 30. Assistance in complying with Act. A health care workplace that needs assistance in complying with this Act may contact the federal Department of Labor for assistance. The Illinois departments of Human Services and Public Health shall collaborate with representatives of health care workplaces to develop technical assistance and training seminars on developing and implementing a workplace violence plan as required under Section 15. Those departments shall coordinate their assistance to health care workplaces.
(Source: P.A. 94-347, eff. 7-28-05.) (405 ILCS 90/35)Sec. 35. Pilot project; task force.(a) The Department of Human Services and the Department of Public Health shall initially implement this Act as a 2-year pilot project in which only the following health care workplaces shall participate:(1) The Chester Mental Health Center.(2) The Alton Mental Health Center.(3) The Douglas Singer Mental Health Center.(4) The Andrew McFarland Mental Health Center.(5) The Jacksonville Developmental Center.Each health care workplace participating in the pilot project shall comply with this Act as provided in this Act.(b) The Governor shall convene a 11-member task force consisting of the following: one member appointed by the President of the Senate; one member appointed by the Minority Leader of the Senate; one member appointed by the Speaker of House of Representatives; one member appointed by the Minority Leader of the House of Representatives; one representative from a statewide association representing licensed registered professional nurses; one licensed registered professional nurse involved in direct patient care, appointed by the Governor; one representative of an organization representing State, county, and municipal employees, appointed by the Governor; one representative of an organization representing public employees, appointed by the Governor; and 3 representatives of the Department of Human Services, with one representative from the Division of Mental Health, one representative from the Division of Developmental Disabilities,
and one representative from the Division of Rehabilitation Services of the Department of Human Services. The task force shall submit a report to the Illinois General Assembly by January 1, 2008 that shall (i) evaluate the effectiveness of the health care workplace violence prevention pilot project in the facilities participating in the pilot project and (ii) make recommendations concerning the implementation of workplace violence prevention programs in all health care workplaces.(c) The Department of Human Services shall provide all necessary administrative support to the task force.
					(Source: P.A. 94-347, eff. 7-28-05; 94-1012, eff. 7-7-06.) (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 90/900)Sec. 900. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-347, eff. 7-28-05; text omitted.) (405 ILCS 90/905)Sec. 905. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-347, eff. 7-28-05; text omitted.) (405 ILCS 90/910)Sec. 910. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-347, eff. 7-28-05; text omitted.) (405 ILCS 90/915)Sec. 915. 
	(Amendatory provisions; text omitted).
	

(Source: P.A. 94-347, eff. 7-28-05; text omitted.) (405 ILCS 90/999)Sec. 999. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 94-347, eff. 7-28-05.)
(405 ILCS 95/1)Sec. 1. Short title. This Act may be cited as the Perinatal Mental Health Disorders Prevention and Treatment Act.
(Source: P.A. 95-469, eff. 1-1-08.) (405 ILCS 95/5)Sec. 5. Findings and purposes.(a) The General Assembly finds all of the following:(1) Perinatal mental health disorders, commonly     referred to as "postpartum depression", include a wide range of emotional, psychological, and physiological reactions to childbirth, including feelings of hopelessness, excessive guilt, sustained sadness, inability to feel pleasure, low energy, sleep and appetite disturbances, difficulty concentrating, and thoughts of death or suicide, which challenge the stamina of a woman during pregnancy or after childbirth, and impair her ability to function and care for her child.(2) Every year, more than 500,000 women experience     the anxiety, hopelessness, desolation, and fatigue of perinatal mental health disorders during pregnancy, in the early postpartum months, and into their child's first year of life.(3) Women at highest risk for perinatal mental health     disorders can be those with previous mental health disorders, such as depression, anxiety or panic disorder, and those with a family member with a history of such mental health disorders.  However, perinatal mental health disorders frequently strike without warning in women without any past mental health disorders and with or without any complications in pregnancy.(4) Many women suffering from perinatal mental health     disorders require counseling and treatment, yet many do not realize that they need help or are unable to find and secure appropriate resources.(5) In addition to the mother, the effects of     perinatal mental health disorders can also significantly impact the infant, as well as the father, other children, and extended family members.  Perinatal mental health disorders can affect the mother's ability to respond sensitively to her infant's needs and can strain the family relationships.(b) The purpose of this Act is:(1) to provide information to women and their     families about perinatal mental health disorders in order to lower the likelihood that new mothers will continue to suffer from this illness in silence;(2) to develop procedures for assessing women for     perinatal mental health disorders during prenatal and postnatal visits to licensed health care professionals; and(3) to promote early detection of perinatal mental     health disorders to promote early care and treatment and, when medically appropriate, to avoid medication.(Source: P.A. 95-469, eff. 1-1-08.) (405 ILCS 95/10)Sec. 10. Definitions. In this Act:"Hospital" has the meaning given to that term in the Hospital Licensing Act."Licensed health care professional" means a physician licensed to practice medicine in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant."Postnatal care" means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother."Prenatal care" means an office visit to a licensed health care professional for pregnancy-related care occurring before birth."Questionnaire" means an assessment tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated assessment methods.
(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.) (405 ILCS 95/15)Sec. 15. Perinatal mental health disorders prevention and treatment. The Department of Human Services, in conjunction with the Department of Healthcare and Family Services, the Department of Public Health, and the Department of Financial and Professional Regulation and the Medical Licensing Board, shall work with  hospitals and licensed health care professionals in this State to develop policies, procedures, information, and educational materials  to meet each of  the following requirements concerning perinatal mental health  disorders:(1) Licensed health care professionals  providing     prenatal care to women  shall provide education to women and, if possible and with permission, to their families about perinatal mental health disorders in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists.(2) All hospitals that provide labor and delivery     services in the State shall provide new mothers, prior to discharge following childbirth, and, if possible, shall provide fathers and other family members with complete information about perinatal mental health disorders, including its symptoms, methods of coping with the illness, and treatment resources.  The Department of Human Services shall provide written information that hospitals may use to satisfy this subsection (2).(3) Licensed health care professionals providing     prenatal care at a prenatal visit shall invite each pregnant patient  to complete a questionnaire and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists.  Assessment for perinatal mental health disorders must be repeated when, in the professional judgment of the licensed health care professional, a reasonable possibility exists that the woman suffers from perinatal mental health disorders.(4)  Licensed health care professionals providing     postnatal care to women shall invite each patient to complete a questionnaire and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists.(5) Licensed health care professionals providing     pediatric care to an infant shall invite the infant's mother to complete a questionnaire at any well-baby check-up at which the mother is present prior to the infant's first birthday, and shall review the completed questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists, in order to ensure that the health and well-being of the infant  are not compromised by an undiagnosed perinatal mental health disorder in the mother.  In order to share results from an assessment with the mother's primary licensed health care professional, consent should be obtained from the mother in accordance with the Illinois Health Insurance Portability and Accountability Act.  If the mother is determined to present an acute danger to herself or someone else, consent is not required.
		(Source: P.A. 95-469, eff. 1-1-08.)