|
|
||||
| Public Act 095-0804 |
||||
| ||||
| ||||
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.
| ||