730 ILCS 5/3-10-5
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-10-5)Sec. 3-10-5. Transfers to the Department of Human Services.(a) If a person committed to the Department of Juvenile Justice meets the  standard for admission of a minor to a mental health facility or is suitable  for admission to a developmental disability facility, as these terms are  used in the Mental Health and Developmental Disabilities Code, the  Department may transfer the person to an appropriate State  hospital or institution of the Department of Human Services  for a period not to exceed 6 months, if the person consents in writing to  the transfer. The person shall be advised of his right not to consent, and  if he does not consent, the transfer may be effected only by  commitment under paragraph (e) of this Section.(b) The parent, guardian or nearest relative and the attorney of record  shall be advised of his right to object. If an  objection is made, the  transfer may be effected only by commitment under paragraph (e) of this  Section. Notice of the transfer shall be mailed to the person's parent,  guardian or nearest relative marked for delivery to addressee only at his  last known address by certified mail with return receipt requested together  with written notification of the manner and time within which he may object  to the transfer. Objection to the transfer must be made by  the parent, guardian  or nearest relative within 15 days of receipt of the notification of  transfer, by written notice of the objection to the Director of Juvenile Justice or  chief administrative officer of the institution or facility of the  Department of Juvenile Justice where the person was confined.(c) If a person committed to the Department under the Juvenile Court Act  or the Juvenile Court Act of 1987 is committed to a hospital or facility of the  Department of Human Services under this Section, the Director of Juvenile Justice shall so notify the committing juvenile court.(d) Nothing in this Section shall limit the right of the Director  of Juvenile Justice or the chief administrative officer of any institution  or facility to utilize the emergency admission provisions of the Mental  Health and Developmental Disabilities Code with respect to any person in  his custody or care. The transfer of a person to an institution or facility  of the Department of Human Services under  paragraph (a) of this Section does not discharge the person from the control  of the Department of Juvenile Justice.(e) If the person does not consent to his transfer to the Department of  Human Services or if a  person objects under paragraph (b) of this Section, or if the Department of  Human Services determines  that a transferred person requires  admission to the Department of Human Services  for more than 6 months for any reason, the Director of Juvenile Justice shall file a petition in the circuit court of the county in which  the institution or facility is located requesting admission of the person  to the Department of Human Services. A  certificate of a clinical psychologist, licensed clinical social  worker who is a qualified examiner as defined in Section 1-122 of the  Mental Health and Developmental Disabilities Code, or psychiatrist,  or, if admission to  a developmental disability  facility is sought, of a physician that the  person is in need of commitment to the Department of Human Services for treatment or habilitation  shall be attached  to the petition. Copies of the petition shall be furnished to the named  person, his parent, or guardian or nearest relative, the committing  court, and to the state's attorneys of the county in which the institution  or facility of the Department of Juvenile Justice from which the person was transferred  is located and the county from which the named person was committed to  the Department of Juvenile Justice.(f) The court shall set a date for a hearing on the petition within the  time limit set forth in the Mental Health and Developmental Disabilities  Code. The hearing shall be conducted in the manner prescribed by the Mental  Health and Developmental Disabilities Code. If the person is found to be  in need of commitment to the Department of Human Services for treatment or  habilitation, the court may  commit him to  that Department.(g) In the event that a person committed to the Department under the  Juvenile Court Act or the Juvenile Court Act of 1987 is committed to facilities  of the Department of Human Services under paragraph (e) of this Section, the   Director of Juvenile Justice shall petition the committing juvenile court for an  order terminating the Director's custody.    (Source: P.A. 94-696, eff. 6-1-06.)