|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5518 Introduced , by Rep. Ron Sandack SYNOPSIS AS INTRODUCED:
|
|
405 ILCS 5/3-504 | from Ch. 91 1/2, par. 3-504 |
|
Amends the Mental Health and Developmental Disabilities Code. Provides that 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 (deletes that the officer's reasons must be the result of his or her personal observation) to believe that the minor is eligible
for admission under the Code and is in a condition that immediate
hospitalization is necessary in order to protect the minor or others from
physical harm. Effective immediately.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB5518 | | LRB098 18190 RLC 53319 b |
|
|
| 1 | | AN ACT concerning health.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Mental Health and Developmental |
| 5 | | Disabilities Code is amended by changing Section 3-504 as |
| 6 | | follows:
|
| 7 | | (405 ILCS 5/3-504) (from Ch. 91 1/2, par. 3-504)
|
| 8 | | Sec. 3-504. Minors; emergency admissions.
|
| 9 | | (a) A minor who is eligible for admission under Section |
| 10 | | 3-503 and who is in
a condition that immediate hospitalization |
| 11 | | is necessary may be admitted upon
the application of a parent |
| 12 | | or guardian, or person in loco parentis, or of an
interested |
| 13 | | person 18 years of age or older when, after diligent effort, |
| 14 | | the
minor's parent, guardian or person in loco parentis cannot |
| 15 | | be located or
refuses to consent to admission.
Following
|
| 16 | | admission of the minor, the facility director of the mental |
| 17 | | health facility
shall continue efforts to locate the minor's |
| 18 | | parent, guardian or person in loco
parentis. If that person is |
| 19 | | located and consents in writing to the admission,
the minor may |
| 20 | | continue to be hospitalized. However, upon notification of the
|
| 21 | | admission, the parent, guardian or person in loco parentis may |
| 22 | | request the
minor's discharge subject to the provisions of |
| 23 | | Section 3-508.
|
|
| | HB5518 | - 2 - | LRB098 18190 RLC 53319 b |
|
|
|
| 1 | | (b) A peace officer may take a minor into custody and |
| 2 | | transport the minor
to a mental health facility when, as a |
| 3 | | result of his personal observation,
the peace officer has |
| 4 | | reasonable grounds to believe that the minor is eligible
for |
| 5 | | admission under Section 3-503 and is in a condition that |
| 6 | | immediate
hospitalization is necessary in order to protect the |
| 7 | | minor or others from
physical harm. Upon arrival at the |
| 8 | | facility,
the peace officer shall complete an application under |
| 9 | | Section 3-503 and shall
further include a detailed statement of |
| 10 | | the reason for the assertion that
immediate hospitalization is |
| 11 | | necessary, including a description of any acts or
significant |
| 12 | | threats supporting the assertion, the time and place of the
|
| 13 | | occurrence of those acts or threats, and the names, addresses |
| 14 | | and telephone
numbers of other witnesses of those acts or |
| 15 | | threats.
|
| 16 | | (c) If no parent, guardian or person in loco parentis can |
| 17 | | be found
within 3 days, excluding Saturdays, Sundays or |
| 18 | | holidays, after the
admission of a minor, or if that person |
| 19 | | refuses either to consent to
admission of the minor or to |
| 20 | | request his discharge, a petition shall be
filed under the |
| 21 | | Juvenile Court Act of 1987 to ensure that appropriate
|
| 22 | | guardianship is provided.
|
| 23 | | (d) If, however, a court finds, based on the evaluation by |
| 24 | | a
psychiatrist, licensed clinical social worker, licensed |
| 25 | | clinical professional counselor, or licensed clinical
|
| 26 | | psychologist or the testimony or other information offered by a |
|
| | HB5518 | - 3 - | LRB098 18190 RLC 53319 b |
|
|
|
| 1 | | parent,
guardian, person acting in loco parentis or other |
| 2 | | interested adults, that
it is necessary in order to complete an |
| 3 | | examination of a minor, the court
may order that the minor be |
| 4 | | admitted to a mental health
facility pending examination and |
| 5 | | may order a peace officer or other person to
transport the |
| 6 | | minor to the facility.
|
| 7 | | (e) If a parent, guardian, or person acting in loco |
| 8 | | parentis is unable
to transport a minor to a mental health |
| 9 | | facility for examination, the parent,
guardian, or person |
| 10 | | acting in loco parentis may petition the court to compel
a |
| 11 | | peace officer to take the minor into custody and transport the |
| 12 | | minor to
a mental health facility for examination. The court |
| 13 | | may grant the order
if the court finds, based on the evaluation |
| 14 | | by a psychiatrist, licensed
clinical social worker, licensed |
| 15 | | clinical professional counselor, or licensed clinical |
| 16 | | psychologist or the testimony
of a parent, guardian, or person |
| 17 | | acting in loco parentis that the
examination is necessary and |
| 18 | | that the assistance of a peace officer is
required to |
| 19 | | effectuate admission of the minor to a
mental health facility.
|
| 20 | | (f) Within 24 hours after admission under this Section, a |
| 21 | | psychiatrist
or clinical psychologist who has personally |
| 22 | | examined the minor shall
certify in writing that the minor |
| 23 | | meets the standard for admission. If no
certificate is |
| 24 | | furnished, the minor shall be discharged immediately.
|
| 25 | | (Source: P.A. 95-804, eff. 8-12-08.)
|
| 26 | | Section 99. Effective date. This Act takes effect upon |