Illinois Mental Health Law
Applying Illinois State Law for involuntary psychiatric assessment, stabilization, and court-ordered drug rehab & mental health treatment can be as complex as the underlying issues themselves. Although we do not provide legal advice, we are experts in helping families in crisis successfully navigate through the system with strategically caring and clinically comprehensive intervention solutions that have been proven to significantly increase both compliance with, and continuity of care.
Article VI-Emergency Admission by Certification Illinois is an order to initiate an involuntary mental health assessment in the State of Illinois. 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.
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Involuntary Admission & Petition In Illinois, 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.
The petition shall include all of the following: 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. 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. 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. The names, addresses, and phone numbers of the witnesses by which the facts asserted may be proved. 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.
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. 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.
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