Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 110 - RECIPIENT'S PROPERTY › Section 110.30 - Personal Property in State Mental Health Facilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals may possess a reasonable
			 amount of personal property for personal use under the following conditions:
1) 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 so long as the restriction does
			 not otherwise conflict with the rights provided in this Section.
2) Upon arrival at the facility, the
			 individual's belongings will be inventoried and checked against the contraband
			 and restricted items list. Items that are contraband/restricted will not be
			 given to the individual. Staff shall notify the individual of the contraband
			 and restricted items and ask whether the items should remain in personal
			 storage or whether the item should be sent to a family member or friend. Staff
			 shall post a list of contraband and restricted items in a common area of the
			 unit.
3) Property must be approved
			 by the individual's treatment team prior to use. Any personal property that the
			 treatment team determines, in the exercise of its professional judgment, may
			 pose harm to the individual or to others shall be restricted. Property shall
			 not be restricted on political, philosophical or religious grounds. Property
			 intended as a medically reasonable accommodation of a known disability shall
			 not be restricted except when determined by a physician and the treatment team,
			 in exercise of the their professional judgment, that the accommodation may pose
			 harm to the individual or others. A restriction of rights shall be issued in
			 accordance with the Mental Health and Developmental Disabilities Code
			 [405 ILCS
			 5/2-201 ] within 48 hours. When the restriction of
			 rights is issued, the treatment team member shall inform the individual of
			 his/her ability to request a review under subsection (a)(5). The individual
			 will have the option of placing the personal property in storage or returning
			 it to its place of origin.
A) Personal
			 property approved by staff for usage by an individual may not be shared with
			 any other individual unless the second individual is approved for such usage in
			 accordance with this Section. Violation of this subsection (a)(3)(A) may result
			 in a restriction of rights, including loss of use of the shared property, as
			 determined by the treatment team exercising its professional
			 judgment.
B) Individuals may
			 request prior approval, in accordance with subsection (a)(3), from designated
			 staff for any property they intend to have sent to the facility or intend to
			 receive during visits with the family or friends, but are not required to seek
			 prior approval. Property that has not been submitted for prior approval must
			 nonetheless be approved, in accordance with subsection (a)(3) and comply with
			 all other Sections of this Part before an individual may have access to
			 it.
C) Once approved by the
			 treatment team, personal property must be inspected by designated facility
			 staff prior to entering the treatment unit. Items approved for possession by an
			 individual may be indelibly marked or identified as belonging to that
			 individual prior to entering the treatment unit.
D) Media and media storage devices, including
			 but not limited to print media, tapes, DVDs, CDs, video games and digital music
			 players (MP3 players, Ipods, etc.) and related items, shall be considered
			 personal property and are subject to this Section, except as noted in
			 subsection (c).
E) Computers,
			 peripherals and related items are covered by 59 Ill. Adm. Code 109.
4) Property maintained in each
			 individual's room must fit within available storage space. In addition to the
			 storage available in each individual's room, each individual will be permitted
			 a designated amount of storage for personal property and for clothing. The
			 facility may set limits on off-unit storage in accordance with the Mental
			 Health and Developmental Disabilities Code [405 ILCS
			 5/2-104 ]. Additional space may be made available for
			 storage of medically approved reasonable accommodations of a known
			 disability.
5) If an individual
			 does not agree with the decision of the treatment team concerning the
			 restriction of an item, the individual may request a review of that decision by
			 a clinician who is not part of the treatment team. Decisions concerning
			 contraband or items on the restricted list in subsection (a)(1) are not subject
			 to review.
A) All such requests shall be
			 forwarded to the facility director, or designee, who shall assign a clinician,
			 who is not part of the treatment team that made the decision, to review the
			 decision of the treatment team.
B)
			 The individual who requested the review shall have the opportunity to speak
			 with the clinician performing the review before a recommendation is issued. The
			 assigned clinician shall schedule to speak with the individual requesting the
			 review within 10 days after being assigned. If the individual does not wish to
			 speak, that position shall be noted in the recommendation.
C) Within two weeks after being assigned the
			 request to review, the clinician shall issue a recommendation, with a copy
			 going to the individual who requested the review and another going to the
			 treatment team. The treatment team shall evaluate the recommendation of the
			 clinician and review its decision.