Illinois Bar Journal

Articles on Mental Health

Keep Calm and … Thrive

By Joe Scally
September
2019
Column
Page 46
Developing resilience through practice, learning, and rest.

How Are You?

By Shelley Sandoval
June
2019
Column
Page 48
Mental well-being, everyday conversations, and achieving your best practice.

Do You Worry About How Much You Worry?

By Diana Uchiyama
March
2019
Column
Page 44
When anxiety crosses the threshold from normal to excessive, it's time to seek help.

Observe, Act, and Understand

By Jennifer M. Danish
December
2018
Column
Page 44
There is no contradiction between having a mental illness and being a successful attorney.

Psychiatric treatments may now be given over patient objections

October
2018
Illinois Law Update
Page 18
The Mental Health and Developmental Disabilities Code was amended to strengthen the powers of attorney for health care and declarations for mental health treatment.

The Killer Among Us

By Chelsy A. Castro
September
2018
Column
Page 46
Learning to address depression and suicide in the legal profession.

A Crucial Partnership: ISBA & LAP

By James F. McCluskey
August
2018
Column
Page 8
ISBA President Hon. James F. McCluskey dedicates his column to the Lawyers' Assistance Program.

The Mindful Lawyer

By Ed Finkel
March
2018
Cover Story
Page 28
Mindfulness and meditation - even a few minutes daily - can reduce stress, help you connect with clients, and enable you to concentrate better. And now you can earn MCLE credit as you learn meditation techniques.

Trial courts to allow petitions to show post-partum mental illnesses

March
2018
Illinois Law Update
Page 24
The Code of Criminal Procedure of 1963 is amended by changing section 122-1 (725 ILCS 5/122-1) to allow for petitions in the trial court for those imprisoned that can establish their participation in a felony was a direct result of post-partum depression or psychosis, or if no direct evidence of these mental states was presented at trial or sentencing.

Failure to object to unfulfilled statutory prerequisites for involuntary admission to mental facility constitutes ineffective assistance of counsel

October
2017
Illinois Law Update
Page 18
On August 3, 2017, the Appellate Court for the Third District held that Tara S. had been denied effective assistance of counsel and reversed the judgment of the circuit court of Peoria County.

Lawyers and addiction

By Matthew Hector
September
2017
LawPulse
Page 12
A recent ABA/Betty Ford Foundation study shows shockingly high levels of addiction and other mental health problems in the legal profession -- and that few lawyers seek help.

Mental illness officially taken into consideration for sentencing

November
2016
Illinois Law Update
Page 18
The Unified Code of Corrections was amended to ensure mental illness will be weighed in favor of withholding or minimizing a prison sentence.

Coming soon: bed reserves permitted in nursing and mental health facilities

March
2015
Illinois Law Update
Page 20
The Illinois Public Aid Code has been amended by specifying that effective June 1, 2015, payments will be authorized for bed reserves in nursing facilities and mental health facilities that are at least 90% occupied and have at least 80% of their occupants being Medicaid eligible.

Residents of private mental health facilities may be entitled to same rights as residents in state-operated mental health facilities. PA 097-1007

January
2013
Illinois Law Update
Page 16
The Mental Health and Developmental Disabilities Code is amended by providing rights to residents in private mental health facilities if said resident would otherwise be served by a state-operated facility. 405 ILCS 5/2-103.

New guidelines for disclosing mental health records. PA 097-0515

July
2012
Illinois Law Update
Page 352
The Mental Health and Developmental Disabilities Confidentiality Act has been amended to provide guidelines for the disclosure of treatment and coordination of care (740 ILCS 110/9.4 new).

Court-ordered mental health reports not confidential under IMDMA

By Helen W. Gunnarsson
April
2011
LawPulse
Page 174

“I’m worried my child might hurt someone”

By Helen W. Gunnarsson
March
2011
LawPulse
Page 118

Payments ensured for mental health, alcoholism and substance abuse treatment. PA 096-1472

March
2011
Illinois Law Update
Page 124
State lawmakers amended the Department of Human Services Act to ensure payments are received for services treating alcoholism, mental health, and substance abuse.

Video conferencing now permitted in some hearings. PA 096-1321

January
2011
Illinois Law Update
Page 16
Illinois lawmakers have amended the Mental Health and Developmental Disability Code to allow for video conferencing during hearings held pursuant to the act. 405 ILCS 5/3-806.1.

Raising the bar for involuntary commitment in Illinois

By Helen W. Gunnarsson
October
2010
LawPulse
Page 502

Committee charged with helping improve Illinois’ mental health courts

By Helen W. Gunnarsson
July
2010
LawPulse
Page 342
The supreme court has asked the committee to make recommendations for better information sharing, training for judges, and other improvements.

Taking the Cake

By Karen Erger
June
2010
Column
Page 322
How to put your temptation-resisting rational brain in charge.

Three-year pilot program focuses on the societal reintegration of persons with physical disabilities or mental illness. PA 096-0810

April
2010
Illinois Law Update
Page 180
Amendments to the Disabilities Services Act have charged the Department of Human Services with creating a new pilot program designed to show the reintegration possibilities of persons with disabilities who need short-term placement in nursing facilities.

Collateral estoppel does not apply to release of mental health records if prior action related to relevance of records, but not possible violations stemming from release of those records.

January
2010
Illinois Law Update
Page 16
On October 23, 2009, the Illinois Appellate Court, Fifth District, affirmed in part and reversed in part the decision of the Circuit Court of St. Clair County to grant defendant's motion to dismiss a complaint relating to the release of mental health records in a divorce proceeding. 

Involuntary commitment provision of Mental Health Code overturned

By Helen W. Gunnarsson
January
2010
LawPulse
Page 10
The Illinois Appellate Court rules that a code provision allowing involuntary commitment for "dangerous conduct" is unconstitutionally vague.

New rules set standards for dementia care units

November
2009
Illinois Law Update
Page 552
The Department of Healthcare and Family Services (the department) recently adopted new rules creating a pilot program for Dementia Care Units in Supportive Living Facilities (SLF) across the state. 

Crime victims may present victim impact statements in mental health commitment hearings. PA 096-0117

October
2009
Illinois Law Update
Page 496
Illinois lawmakers have amended the Rights of Crime Victims and Witnesses Act to allow for victims of a violent crime to submit impact statements in cases where the defendant has been found not guilty by reason of insanity.

A Guide to Involuntary Commitment in Illinois

By Rob Shumaker
November
2008
Article
Page 568
Too many involuntary commitments are overturned because the lawyers and judges fail to follow the law. Here's a how-to guide.

Correspondence from Our Readers

June
2008
Column
Page 274
 Sharia law; Rukavina and law-related services.

The Mental Health and Developmental Disabilities Administrative Act is amended. PA 095-0427

June
2008
Illinois Law Update
Page 284
Sections 4.3 and 70 of the Mental Heath and Developmental Disabilities Administrative Act have been amended by the General Assembly. 20 ILCS 1705/4.3 and 70. Subsection (b) of Section 4.3, concerning "Site visits and inspections," has been changed by adding language providing that the Department of Human Services will establish a system of "regular and ongoing" on-site inspections "that shall occur at least annually." 

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