Article V - Judicial Admission For The Mentally Retarded
(405 ILCS 5/Ch. IV Art. V heading) ARTICLE V. JUDICIAL ADMISSION FOR THE MENTALLY RETARDED
(405 ILCS 5/4‑500) (from Ch. 91 1/2, par. 4‑500)
Sec. 4‑500. A person 18 years of age or older may be admitted to a facility upon court order under this Article if the court determines: (1) that he is mentally retarded; and (2) that he is reasonably expected to inflict serious physical harm upon himself or another in the near future.
(Source: P.A. 80‑1414.) |
(405 ILCS 5/4‑501) (from Ch. 91 1/2, par. 4‑501)
Sec. 4‑501. Petition; certificate.
(a) Any person 18 years of age or older may file a petition with the court asserting that the respondent meets the standard for judicial admission as set out in Section 4‑500. The petition shall be prepared according to the form specified in Section 4‑401. The court may inquire of the petitioner whether there are reasonable grounds to believe that the facts presented in the petition are true and whether the respondent meets the standard for judicial admission.
(b) The petition may be accompanied by the certificate of a clinical psychologist, clinical social worker, or physician indicating that the respondent was examined not more than 72 hours prior to the filing of the petition and certifying that he meets the standard for judicial admission. The certificate shall also set out the examiner's observations, other factual information relied upon, and a statement as to whether the respondent was advised of his rights under Section 4‑210.
(Source: P.A. 87‑530.) |
(405 ILCS 5/4‑502) (from Ch. 91 1/2, par. 4‑502)
Sec. 4‑502. Orders; examination; setting for hearing.
(a) When no certificate is filed with the petition, if the court finds that the petition is in order and that there is a valid reason why no certificate has been filed, it may make any orders as are necessary to provide for an examination of the respondent by a clinical psychologist, clinical social worker, or physician. If, as a result of the examination, a certificate is executed, the certificate shall be promptly filed with the court.
(b) When a certificate is filed with the petition or is filed pursuant to this Section, if the court finds that the documents are in order, it may make any orders as are necessary to provide for a diagnostic evaluation of the respondent pursuant to paragraph (b) of Section 4‑300 of this Chapter.
(c) Upon receipt of the diagnostic report prepared pursuant to Section 4‑301, the court shall set the matter for hearing pursuant to Section 4‑505.
(Source: P.A. 87‑530.) |
(405 ILCS 5/4‑503) (from Ch. 91 1/2, par. 4‑503)
Sec. 4‑503. A copy of the petition, any order for examination or evaluation, and a statement of the respondent's hearing rights under Article VI of this Chapter shall be personally served upon the respondent and shall be given or mailed to the persons specified in Section 4‑206 at least 24 hours before the court ordered examination or evaluation.
(Source: P.A. 80‑1414.) |
(405 ILCS 5/4‑504) (from Ch. 91 1/2, par. 4‑504)
Sec. 4‑504. The respondent shall be permitted to remain in his place of residence pending any examination for certification or diagnostic evaluation. He may be accompanied by one or more of his relatives or friends or by his attorney to the place of examination. If, however, the court finds that it is necessary in order to complete the examination the court may order that the person be admitted to a developmental disabilities facility pending examination and may order a peace officer or other person to transport him there. Whenever possible the examination shall be conducted at a local developmental disabilities facility. No person may be detained for examination for certification for more than 24 hours and for a diagnostic evaluation for more than 7 days.
(Source: P.A. 80‑1414.) |
(405 ILCS 5/4‑505) (from Ch. 91 1/2, par. 4‑505)
Sec. 4‑505. The court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays, and holidays, after it receives the diagnostic report. The court shall direct that notice of the time and place of the hearing be given or sent to the respondent, his attorney, the facility director of the facility, and the persons specified in Section 4‑206. The facility director shall make copies of the certificate and the diagnostic report available to the attorneys for the parties upon request.
(Source: P.A. 80‑1414.) |
(405 ILCS 5/4‑506) (from Ch. 91 1/2, par. 4‑506)
Sec. 4‑506. The respondent may remain at his place of residence pending the hearing. If the court finds it necessary, it may order a peace officer or other person to have the respondent before the court at the time of the hearing.
(Source: P.A. 80‑1414.) |