Illinois Court-Ordered Mental Health Assessment & Drug Rehab Law

Illinois Law for court-ordered drug rehab and involuntary assessment, commitment, and treatment for mental health disorders are both inpatient and outpatient. Article VI-Emergency Admission by Certification Illinois is an order to initiate an involuntary mental health assessment in the State of IllinoisArticle VI-Emergency Admission by Certification Illinois.

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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 under this Article.

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 facility director of the facility may prepare the petition.

(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 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 cannot 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 a 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. Consent to admission by healthcare surrogate. Under the Health Care Surrogate Act, a surrogate decision-maker may not consent to the access to a mental health facility of a person who lacks decision-making capacity. A surrogate may, however, petition for involuntary admission according to this code. This Section does not affect the authority of a court-appointed guardian.

The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, 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, or clinical psychologist personally examined the respondent not more than 72 hours before admission. It shall also contain the physician’s, qualified examiner’s, psychiatrist’s, 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.

(a) If no physician, qualified examiner, psychiatrist, 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 an 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; and
  4. 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.

No person detained for examination under this Article based on 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.

In counties with a population of 3,000,000 or more, upon receipt of a petition and certificate prepared according 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 licensed ambulance service to transport the respondent to the mental health facility. In the event it is determined by such facility that the respondent needs 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 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 arrange to transport the respondent to a mental health facility appropriately. In the event, it is determined by the facility that the respondent needs commitment or treatment at another mental health facility. The Department shall make arrangements to transport the respondent to another mental health facility appropriately. 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 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 respondents' transportation shall incur no liability, civil or criminal, because 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 15.1 of the Trusts and Trustees Act, the trust shall not be considered a part of the respondent’s estate. It 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 15.1 of the Trusts and Trustees Act. Suppose the respondent is unable to pay or the respondent's estate is insufficient. In that case, the responsible relatives are severally liable for the payment of those sums or for the balance due in less than the amount owed 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.

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 the employer shall be included in the petition as a potential witness as provided in Section 3-601 of this Chapter.

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 is 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 outline 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. Suppose a petition and certificate are executed within 24 hours. In that case, 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. Suppose the certificate states that the person is subject to involuntary admission but not in need of immediate hospitalization. In that case, 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 under this Section. If no petition or certificate is executed, the person shall be released.

Upon completion of one certificate, the facility may begin the 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.

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 information 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 two such persons designated by the respondent shall receive such documents. The respondent shall be allowed to complete no less than two telephone calls at the time of his admission to such persons as he chooses.

As soon as possible but not later than 24 hours, excluding Saturdays, Sundays, and holidays, after the admission of a respondent pursuant to this Article, the respondent shall be examined by a psychiatrist. The psychiatrist may be a member of the facility's staff but shall not be the person who executed the first certificate. If a psychiatrist has already completed a certificate following the respondent’s admission, the respondent shall be examined by another psychiatrist or by a physician, clinical psychologist, or qualified examiner. If, as a result of this second examination, a certificate is executed, the certificate shall be promptly filed with the court. Suppose the certificate states that the respondent is subject to involuntary admission but not in need of immediate hospitalization. In that case, 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, or qualified examiner does not execute a certificate according to Section 3-602, the respondent shall be released forthwith.

Within 24 hours, excluding Saturdays, Sundays, and holidays, after the respondent’s admission under this Article, the facility director of the facility shall file two 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. The facility director shall make copies of the certificates available to the attorneys for the parties upon request. Upon filing the petition and first certificate, the court shall set a hearing to be held within five 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 according to Section 3‑609.

State laws are in place to support court-ordered involuntary treatment. Nevertheless, careful planning with a unified approach is essential for successfully using the laws to significantly increase the long term prognosis for your loved one’s recovery. Although we do not provide legal advice, we do provide services to help support the recovery process for all impacted by mental illness and substance abuse throughout the State of Illinois.