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| Public Act 098-0975 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Section 3-504 as | ||||
follows:
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(405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
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Sec. 3-504. Minors; emergency admissions.
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(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
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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
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admission, the parent, guardian or person in loco parentis may | ||||
request the
minor's discharge subject to the provisions of | ||||
Section 3-508.
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(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
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occurrence of those acts or threats, and the names, addresses | ||
and telephone
numbers of other witnesses of those acts or | ||
threats.
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(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
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guardianship is provided.
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(d) If, however, a court finds, based on the evaluation by | ||
a
psychiatrist, licensed clinical social worker, licensed | ||
clinical professional counselor, or licensed clinical
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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.
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(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.
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(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.
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(Source: P.A. 95-804, eff. 8-12-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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