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405 ILCS 5/3-504
(405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
Sec. 3-504. Minors; emergency admissions.
(a) A minor who is eligible for admission under Section 3-503 and who is in
a condition that immediate hospitalization is necessary may be admitted upon
the application of a parent or guardian, or person in loco parentis, or of an
interested person 18 years of age or older when, after diligent effort, the
minor's parent, guardian or person in loco parentis cannot be located or
refuses to consent to admission.
Following
admission of the minor, the facility director of the mental health facility
shall continue efforts to locate the minor's parent, guardian or person in loco
parentis. If that person is located and consents in writing to the admission,
the minor may continue to be hospitalized. However, upon notification of the
admission, the parent, guardian or person in loco parentis may request the
minor's discharge subject to the provisions of Section 3-508.
(b) A peace officer may take a minor into custody and transport the minor
to a mental health facility when
the peace officer has reasonable grounds to believe that the minor is eligible
for admission under Section 3-503 and is in a condition that immediate
hospitalization is necessary in order to protect the minor or others from
physical harm. Upon arrival at the facility,
the peace officer shall complete an application under Section 3-503 and shall
further include a detailed statement of the reason for the assertion that
immediate hospitalization is necessary, including a description of any acts or
significant threats supporting the assertion, the time and place of the
occurrence of those acts or threats, and the names, addresses and telephone
numbers of other witnesses of those acts or threats.
(c) If no parent, guardian or person in loco parentis can be found
within 3 days, excluding Saturdays, Sundays or holidays, after the
admission of a minor, or if that person refuses either to consent to
admission of the minor or to request his discharge, a petition shall be
filed under the Juvenile Court Act of 1987 to ensure that appropriate
guardianship is provided.
(d) If, however, a court finds, based on the evaluation by a
psychiatrist, licensed clinical social worker, licensed clinical professional counselor, or licensed clinical
psychologist or the testimony or other information offered by a parent,
guardian, person acting in loco parentis or other interested adults, that
it is necessary in order to complete an examination of a minor, the court
may order that the minor be admitted to a mental health
facility pending examination and may order a peace officer or other person to
transport the minor to the facility.
(e) If a parent, guardian, or person acting in loco parentis is unable
to transport a minor to a mental health facility for examination, the parent,
guardian, or person acting in loco parentis may petition the court to compel
a peace officer to take the minor into custody and transport the minor to
a mental health facility for examination. The court may grant the order
if the court finds, based on the evaluation by a psychiatrist, licensed
clinical social worker, licensed clinical professional counselor, or licensed clinical psychologist or the testimony
of a parent, guardian, or person acting in loco parentis that the
examination is necessary and that the assistance of a peace officer is
required to effectuate admission of the minor to a
mental health facility.
(f) Within 24 hours after admission under this Section, a psychiatrist
or clinical psychologist who has personally examined the minor shall
certify in writing that the minor meets the standard for admission. If no
certificate is furnished, the minor shall be discharged immediately.
(Source: P.A. 98-975, eff. 8-15-14.)
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