Article I. Rights
- Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-100
(a) No recipient of services shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois,... - Illinois Mental Health and Developmental
Disabilities Code. - 405 ILCS 5, Section 2-101
No recipient of services shall be presumed legally disabled, nor shall such person be held legally disabled except as determined by a court. Such... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-101.1
Counseling services; consent; costs. (a) Any adult under guardianship may request and receive counseling services or psychotherapy. The consent of the guardian shall not be... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-102
(a) A recipient of services shall be provided with adequate and humane care and services in the least restrictive environment, pursuant to an individual services... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-103
Except as provided in this Section, a recipient who resides in a mental health or developmental disabilities facility shall be permitted unimpeded, private, and uncensored... - Illinois Mental Health and Developmental Disabilities Code. - 405
ILCS 5, Section 2-104
Every recipient who resides in a mental health or developmental disabilities facility shall be permitted to receive, possess and use personal property and shall... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-105
A recipient of services may use his money as he chooses, unless he is a minor or prohibited from doing so under a court... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-106
A recipient of services may perform labor to which he consents for a service provider, if the professional responsible for overseeing the implementation of... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS
5, Section 2-107
Refusal of services; informing of risks. (a) An adult recipient of services or the recipient's guardian, if the recipient is under guardianship, and the recipient's... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-107.1
Administration of psychotropic medication and electroconvulsive therapy upon application to a court. (a) (Blank). (a-5) Notwithstanding the provisions of Section 2-107 of this Code, psychotropic... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-107.2
Review; notice. (a) Whenever any recipient, who is receiving treatment in a residential mental health facility, has been receiving psychotropic medication or electroconvulsive therapy in... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-107.3
Reports. Each facility director of a State-operated mental health facility shall prepare a quarterly report stating the number of persons who were determined to meet... - Illinois Mental Health and Developmental Disabilities Code. - 405
ILCS 5, Section 2-108
Use of restraint. Restraint may be used only as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-109
Seclusion. Seclusion may be used only as a therapeutic measure to prevent a recipient from causing physical harm to himself or physical abuse to others.... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-110
No recipient of services shall be subjected to any unusual, hazardous, or experimental services or psychosurgery, without his written and informed consent. If the... - Illinois Mental Health and Developmental
Disabilities Code. - 405 ILCS 5, Section 2-110.1
Reports. (a) A mental hospital or facility at which electro-convulsive therapy is administered shall submit to the Department quarterly reports relating to the administration... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-110.5
Electro-convulsive therapy for minors. If a recipient is a minor, that recipient's parent or guardian is authorized, only with the approval of the court... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-111
A medical or dental emergency exists when delay for the purpose of obtaining consent would endanger the life or adversely and substantially affect the... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-112
Freedom from abuse and neglect. Every recipient of services in a mental health or developmental disability facility shall be free from abuse and neglect.... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section
2-113
(a) Upon admission, the facility shall inquire of the recipient if a spouse, family member, friend or an agency is to be notified of... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-114
(a) Whenever an attorney or other advocate from the Guardianship and Advocacy Commission or the agency designated by the Governor under Section 1 of... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-115
Participants in mental health courts. Subject to appropriations, the Department shall establish pilot programs to provide the clinical services necessary to serve participants in...
Article II. Procedures
- Illinois Mental
Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-200
(a) Upon commencement of services, or as soon thereafter as the condition of the recipient permits, every adult recipient, as well as the recipient's guardian... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-201
(a) Whenever any rights of a recipient of services that are specified in this Chapter are restricted, the professional responsible for overseeing the implementation... - Illinois Mental Health and Developmental Disabilities Code. - 405 ILCS 5, Section 2-202
The Secretary of Human Services and the facility director of each service provider shall adopt in writing such policies and procedures as are necessary...
Last modified: February 18, 2015
What are Illinois laws on mental illness health?
Once a person receives mental health services, he or she cannot be denied any rights, benefits, or privileges guaranteed by law, the Illinois State Constitution, or the Constitution of the United States solely because he or she is receiving mental health services.
What is the Illinois mental health and Developmental Disabilities Confidentiality Act?
The Mental Health and Developmental Disabilities Confidentiality Act. This Illinois law is designed to protect informational privacy. It relates to mental health care and disabilities services. It aims to prevent the disclosure of records without consent .
Who regulates mental health facilities in Illinois?
More information about the services provided by the Illinois Department of Human Services' Division of Mental Health is available online at www.dhs.state.il.us/page.aspx? item=29728or by calling 800-843-6154.
Is Illinois a tarasoff state?
Other states, including Illinois, then enacted “Tarasoff Laws” that permit or require reporting when there is a serious, credible threat to a specific, targeted individual.