Illinois General Assembly - Full Text of Public Act 095-0804
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Public Act 095-0804


 

Public Act 0804 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0804
 
HB4199 Enrolled LRB095 14509 DRJ 40417 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 3-503 and
3-504 as follows:
 
    (405 ILCS 5/3-503)  (from Ch. 91 1/2, par. 3-503)
    Sec. 3-503. Admission on application of parent or guardian.
    (a) Any minor may be admitted to a mental health facility
for inpatient treatment upon application to the facility
director, if the facility director finds that the minor has a
mental illness or emotional disturbance of such severity that
hospitalization is necessary and that the minor is likely to
benefit from inpatient treatment. Except in cases of admission
under Section 3-504, prior to admission, a psychiatrist,
clinical social worker, clinical professional counselor, or
clinical psychologist who has personally examined the minor
shall state in writing that the minor meets the standard for
admission. The statement shall set forth in detail the reasons
for that conclusion and shall indicate what alternatives to
hospitalization have been explored.
    (b) The application may be executed by a parent or guardian
or, in the absence of a parent or guardian, by a person in loco
parentis. Application may be made for a minor who is a ward of
the State by the Department of Children and Family Services or
by the Department of Corrections.
(Source: P.A. 91-726, eff. 6-2-00.)
 
    (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, as a
result of his personal observation, 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. 91-726, eff. 6-2-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2008