Involuntary Holds in Illinois: What You Need To Know
What is Involuntary Hold?
For families, an involuntary hold allows immediate, court-approved evaluation and treatment without consent when someone poses a danger, often worsened by substance abuse. Though unsettling, it’s essential for safety. This document explains the complex details families should know.
The Two Types of Involuntary Hold in Illinois
Emergency Admission by Certification
Anyone 18+ can request an involuntary hold for a loved one. To qualify, the person must be mentally ill and need immediate hospitalization to prevent harm to themselves or others.
Process: A court petition must be filed with a certificate from a qualified professional who examined the individual within 72 hours, confirming they meet criteria for involuntary admission. After admission, a psychiatrist must evaluate the patient within 24 hours.
If the certificate isn’t available, the hold can still proceed if the court and medical staff see that efforts were made to obtain it.
Admission by Court Order
Anyone 18+ can admit a patient under this hold. To qualify, the patient must show threatening behavior, be unable to care for themselves, and not understand their need for treatment.
Process: Two certificates are required—one from a qualified professional and another from a psychiatrist. After submission, the court schedules a hearing within 5 business days where the patient and family must attend and provide evidence that the patient meets involuntary admission criteria.
As a Family or Loved One, What Should I Keep in Mind?
Involuntary holds are complex and stressful; keep communication open, prepare for possible law enforcement involvement, seek support, and share helpful info while knowing everyone’s rights.
What are the Patients' Rights?
Right to Humane and Appropriate Care in the Least Restrictive Environment
Every patient is entitled to the right kind of care, the one that best suits their needs. No patient is discriminated against or does not receive the level of care necessary to meet their needs.
No Presumption of Legal Disability
Despite being admitted to a facility under involuntary hold, it does not mean that the patient is legally disabled or loses civil rights. This kind of disability can only be declared by a court order.
Right to Notice of Rights and Legal Status
In the language best preferred by the patient, the facility must provide the patient with a written summary of their rights, an explanation of their legal status, and the process of how to challenge their admission. If their rights are restricted, the patient is allowed to designate one person to advocate for them on their behalf.
Right to Communication
Patients are allowed to publicly communicate with others through any means necessary. This also includes making and receiving confidential phone calls.
Right to Communicate with Legal Counsel
Attorneys can visit patients during business hours unless refused by the patient, and their official letters must be delivered without censorship.
Restriction on Communication
Communication is a right but may be limited by the facility director to prevent harm, with the patient informed of any restrictions and reasons.
Right to Personal Property and Money
Patients can access their belongings and manage their money unless items are deemed harmful and restricted.
Right to Refuse Treatment
Adults usually have the right to refuse medical or mental health treatment, including medication and ECT, even if they previously consented.
Right to an Individualized Service Plan
The facility must create an individualized treatment plan with the patient within 3 days of admission (7 days for developmental disabilities).
Right to a Court Hearing and Legal Representation
The patient has the right to attend the hearing (unless harmful), present evidence, question witnesses, and request a jury trial.
Right to Petition for Discharge or Transfer
Patients who are receiving court-ordered mental health services have the right to file a discharge petition. The court must set a hearing within 5 days.
Right to Appeal
The patient has the right to appeal a court order for involuntary mental health treatment.
Right to Freedom from Restraint and Seclusion
With a qualified professional's order and documentation, restraint and seclusion can only be used therapeutically to prevent harm or during medical procedures.
Conclusion
Though stressful, this process aims to help patients. Attending support groups and knowing both family and patient rights is essential to ensure the best care.
