705 ILCS 405/2-27.1
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article II - Abused, Neglected Or Dependent Minors

Sec. 2-27.1.     Placement; secure child care facility.(1) A minor under 18 years of age and who is subject under Article II of  this Act to a secure child care facility may be admitted to a secure child care  facility for inpatient treatment upon application to the facility director if,  prior to admission, the facility director and the Director of the Department of  Children and Family Services or the Director's designate find that: the minor  has a mental illness or emotional disturbance, including but not limited to a  behavior disorder, of such severity that placement in a secure child care  facility is necessary because in the absence of such a placement, the minor is  likely to endanger self or others or not meet his or her basic needs and this  placement is the least restrictive alternative.  Prior  to admission, a psychiatrist, clinical social worker, or clinical psychologist  who has personally examined the minor shall state in writing that the minor  meets the standards for admission.  The statement must set  forth in detail the reasons for that conclusion and shall indicate what  alternatives to secure treatment have been explored.  When the minor is placed in a child care facility which includes a secure child  care facility in addition to a less restrictive setting, and the application  for admission states that the minor will be permanently placed in the less  restrictive setting of the child care facility as part of his or her permanency  plan after the need for secure treatment has ended, the psychiatrist, clinical  social worker, or clinical psychologist shall state the reasons for the minor's  need to be placed in secure treatment, the conditions under which the minor may  be placed in the less restrictive setting of the facility, and the conditions  under which the minor may need to be returned to secure treatment.(2) The application for admission under this Section shall contain, in large  bold-face type, a statement written in simple non-technical terms of the  minor's right to object and the right to a hearing.  A minor 12 years of age or  older  must be given a copy of the application and the statement should be explained  to him or her in an understandable manner.  A copy of the application shall  also  be given to the person who executed it, the designate of the Director of the  Department of Children and Family Services, the minor's parent, the minor's  attorney, and, if the minor is 12 years of age or older, 2 other persons whom  the minor may designate, excluding persons whose whereabouts cannot reasonably  be ascertained.(3) Thirty days after admission, the facility director shall review the  minor's record and assess the need for continuing placement in a secure child  care  facility.  When the minor has been placed in a child care facility which  includes a secure child care facility in addition to a less restrictive  setting, and the application for admission states that the minor will be  permanently placed in the less restrictive setting of the child care facility  as part of his or her permanency plan after the need for secure treatment has  ended, the facility director shall review the stated reasons for the minor's  need to be placed in secure treatment, the conditions under which the minor may  be placed in the less restrictive setting of the facility, and the conditions  under which the minor may need to be returned to secure treatment.  The  director of the facility shall consult with the designate  of the  Director of the Department of Children  and Family Services and request authorization for continuing placement of the  minor.  Request and authorization should be noted in the minor's record.  Every  60 days thereafter a review shall be conducted and new authorization shall be  secured from the designate for as long as placement continues.  Failure or  refusal to authorize continued placement shall constitute a request for the  minor's discharge.(4) At any time during a minor's placement in a secure child care facility,  an  objection may be made to that placement by the minor, the minor's parents  (except where parental rights have been terminated), the minor's guardian ad  litem, or the minor's attorney.  When an objection is made, the minor shall be  discharged at the earliest appropriate time not to exceed 15 days, including  Saturdays, Sundays, and holidays unless the objection is withdrawn in writing  or unless, within that time, the Director or his or her designate files with  the Court a petition for review of the admission.  The petition must  be accompanied by a certificate signed by a psychiatrist, clinical social  worker, or clinical psychologist.  The 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 placement in a secure facility  is necessary, that the minor can benefit  from the placement, that a less restrictive alternative is not appropriate, and  that the placement is in the minor's best interest.(5) Upon receipt of a 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 shall be served upon  the minor, his or her attorney and the minor's guardian ad litem, the Director  of the Department of Children and Family Services or his or her designate, the  State's Attorney, and the attorney for the parents.(6) The court shall order the minor  discharged from the secure child care facility if it determines that the minor  does not have a mental illness or  emotional disturbance of such severity that placement in a secure facility is  necessary, or if it determines that a less restrictive alternative is  appropriate.(7) 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  treatment but that a less restrictive alternative is appropriate, the court  shall  order that the Department of Children and Family Services prepare a case plan  for the minor which permits alternative treatment which is capable of providing  adequate and humane treatment in the least restrictive setting that is  appropriate to the minor's condition and serves the minor's best interests, and  shall  authorize the continued placement of the minor in the secure child care  facility.  At each permanency hearing conducted thereafter, the court shall  determine whether the minor does not have a mental illness or emotional  disturbance of such severity that placement in a secure facility is necessary  or, if a less restrictive alternative is appropriate.  If either of these 2  conditions are not met, the court shall order the minor discharged from the  secure child care facility.(8) Unwillingness or inability of the Department of Children and Family  Services to find a placement for the minor shall not be grounds for the court's  refusing to order discharge of the minor.    (Source: P.A. 90-608, eff. 6-30-98.)