Illinois Bar Journal

Articles on Mental Health

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." 

Mental Health and Developmental Disabilities Code amended. 095-0602

April
2008
Illinois Law Update
Page 180
The Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq, has been amended to add a new section defining "Dangerous conduct," and by changing other existing definitions concerning a person's awareness of the need for treatment.

Problem-Solving Courts

By Helen W. Gunnarsson
April
2008
Cover Story
Page 184
Supporters of drug, mental-health, and other specialty courts say they reduce recidivism and help offenders get control of their lives.

2007 Spring Session Roundup

By Jim Covington
August
2007
Column
Page 408
Highlights of this year's legislative session.

Bill would make involuntary commitment easier

By Helen W. Gunnarsson
August
2007
LawPulse
Page 398
But critics of the legislation say lack of resources, not a too-high commitment standard, is the problem with Illinois' mental health system.

Involuntary treatment authorization and patient refusal right laws amended - PA 094-1066

July
2007
Illinois Law Update
Page 348
The Illinois General Assembly has changed the Mental Health and Developmental Disabilities Code, 405 ILCS 5/2-107 et seq.

Tax nonpayment sales and the mentally ill - does the system work?

By Helen W. Gunnarsson
June
2007
LawPulse
Page 286
Do recent cases indicate that Illinois should change its laws to further protect mentally ill property owners?

Limitations placed on property patients in mental health facilities may possess

March
2007
Illinois Law Update
Page 124
Effective December 27, 2006, the Department of Human Services has implemented new rules in 59 Ill Adm Code 110.30 that allow the staff at mental health facilities to keep contraband, dangerous, and restricted items away from patients in order to protect the safety of both staff and patients. 59 Ill Adm Code 110.30. 

Mental disorder defined regarding acts of sexual violence PA 094-705

March
2006
Illinois Law Update
Page 118
Effective June 1, 2006, the Illinois General Assembly has added section 4.03 to the Sexually Dangerous Persons Act, 750 ILCS 205/4.03, in order to recognize those with mental disorders.

Department of Human Services to Implement Model Protocol for State-Operated Facilities; P.A. 93-0636

March
2004
Illinois Law Update
Page 124
The Mental Health and Developmental Disabilities Act has been amended to require that, no later than January 1, 2005, the Department of Human Services must adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each state-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the department. 

Involuntary Administration of Psychotropic Drugs: Balancing Safety and Civil Liberties

By Anthony E. Rothert
October
2003
Article
Page 496
A look at recent cases and trends in this dynamic area of law.

Trial court erred in granting state guardian authority to place disabled adult in skilled-care nursing home prior to holding involuntary commitment hearing

March
2003
Illinois Law Update
Page 116
On December 10, 2002, the Appellate Court of Illinois, Fourth District, affirmed in part and reversed and remanded in part the order of the Circuit Court of Adams County appointing the state guardian as limited guardian of Muellner.

Defendant’s mental retardation a relevant factor in determining whether statements made prior to custody and absent police misconduct voluntarily made

February
2003
Illinois Law Update
Page 62
On November 8, 2002, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County denying the defendant's motion to suppress statements made before the defendant was in custody and absent police misconduct.

Involuntary administration of psychotropic drugs: Does Illinois need new standards?

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
Some experts think Illinois law should be changed to make it easier to involuntarily admit mental patients and force them to take psychotropic drugs if they're unwilling. Others fear the changes would crowd mental-health facilities beyond capacity.

The varying standards of client capacity

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Making a will, signing a deed, executing a POA for property; they all require different standards of competence. What are they, and what do they mean for you and your clients?

Availability of access to records of psychological treatment further narrowed

May
2002
Illinois Law Update
Page 232
On February 22, 2002, the Illinois Supreme Court reversed the judgment of the appellate court in ruling that when a patient and his wife brought a malpractice action against a hospital and doctors, they did not place the patient's mental health at issue.

Mental health services in nursing facilities

May
2002
Illinois Law Update
Page 232
On February 15, 2002, the Illinois Department of Public Aid adopted amendments to section 145 of the Illinois Administrative Code. 89 Ill Adm Code 145.

Investigations of maltreatment of individuals in state-operated facilities

April
2002
Illinois Law Update
Page 176
On January 1, 2002, the Illinois Department of Human Services (department) adopted emergency amendments to section 50 of the Illinois Administrative Code. 59 Ill Adm Code 50.

Will prosecutors pass on the Sexually Dangerous Persons Act?

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
Because of a recent Illinois Supreme Court decision, more state's attorneys will pass up the Sexually Dangerous Persons Act in favor of criminal prosecution, a downstate prosecutor opines.

Legislation enacts changes regarding sexually violent persons P.A. 92-415

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan approved House Bill 2088, which makes a number of changes to the Sexually Violent Persons Commitment Act (Act) and related laws.

Mental health treatment

October
2001
Illinois Law Update
Page 516
On August 2, 2001, the Illinois Department of Human Services (department) adopted amendments to section 112 of the Illinois Administrative Code. 59 Ill Adm Code 112.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Pet hoarders would be treated as mentally ill under proposed legislation; H.B. 0599

May
2001
Illinois Law Update
Page 230
The Illinois House Agriculture Committee unanimously approved a bill intended to reduce incidents of "animal hoarding" in the state.

Legislation shifts burden of proof—P.A. 91-770

December
2000
Illinois Law Update
Page 690
Persons found not guilty by reason of insanity will bear the burden of proving that they are well enough to leave a secure mental hospital under an amendment to the Uniform Code of Corrections.

The Lawyer’s Journal

By Bonnie McGrath
July
1999
Column
Page 348
Different rulings on the same-part-of-the-body rule.

Changes in Individual Care Grants for Mentally Ill Children

December
1998
Illinois Law Update
Page 662
On September 17, 1998, the Department of Human Services adopted emergency amendments to various parts of section 135 of its administrative rules concerning individual care grants for children with mental illnesses. 59 Ill Adm Code 135.

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