Disabilities Guidebook: Institutional Care Overview

Disabilities Guidebook: Institutional Care Overview

Last updated: August 2010

(Chapter 12 Overview from Guidebook of Laws and Programs for People with Disabilities)

 

The first four sections of this Chapter explain your legal rights and remedies under the Mental Health and Developmental Disabilities Code (MHDD Code). That is an Illinois state law which establishes the procedures by which a person may be admitted to or discharged from a mental health or developmental disability facility. That law also establishes the rights of persons receiving mental health treatment or developmental disability habilitation services. The last section of this Chapter covers the Nursing Home Care Act, which is an Illinois state law which similarly protects the rights of persons residing in nursing homes.

Section 1 explains the procedures by which you may be either voluntarily or involuntarily admitted to or discharged from a mental health facility. Such facilities include both state and privately operated hospitals and other institutions which provide treatment to people with a mental illness.

Section 2 explains the procedures by which you may be either voluntarily or involuntarily admitted to or discharged from a developmental disability facility. Such facilities include both state and privately operated institutions which provide habilitation services to people with a developmental disability.

Section 3 explains your rights as a recipient of either mental health treatment or developmental disability habilitation services. This Section explains your right to receive humane and appropriate treatment in the least restrictive environment, your right to make your own health care decisions and your right to refuse treatment, and the circumstances under which you can receive treatment against your wishes. This Section also discusses your right to be free from unnecessary seclusion and restraint, and your rights in connection with the use of psychotropic medications.

Section 4 explains the circumstances under which recipients of services or their families can be required to pay for the costs of mental health care or developmental disability services provided in a state-operated facility.

Section 5 explains the Nursing Home Care Act, which is an Illinois state law that protects the rights of nursing home residents. That law establishes the rights of nursing home residents to receive humane care and also governs the procedures by which a person may be involuntarily discharged from a nursing home.

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Helpful Organizations
The following organizations may be able to help you with legal

Organizations 1 of 14 |

1.

Prairie State Legal Services, Inc. - Kankakee Office
191 South Chicago Kankakee, IL 60901 | View map

Phone: 815-935-2750
TTY: 815-935-2764
Toll-free: 800-346-2864

Languages: English
View Website

Prairie State Legal Services, Inc. provides free legal services in civil legal matters for low-income persons who have incomes below 125% of the federal poverty guidelines and senior citizens age 60 and older regardless of income.

Eligibility

Whether you are eligible for help from Prairie State Legal Services depends on the following factors:

  • You meet our income and asset guidelines, or are age 60 or older.
  • We have no ethical conflict of interest regarding your legal issue.
  • You live within the service area of Prairie State, or have a civil legal problem in one of the counties in our service area.
  • You meet the citizenship or immigration requirements established by Congress. It should be noted that immigrants who are fleeing domestic violence or trafficking are eligible for legal help regardless of immigration status in matters to address the abuse.
  • Government regulations do not prohibit Prairie State Legal Services from handling your type of legal problem.
  • You have one or more legal problems that can be addressed by PSLS attorneys and that fall within our established priorities.

Types of Legal Help

Due to high demand for our services, our staff is able to provide representation in certain areas of civil law designated as a priority. The following kinds of problems are illustrative of the cases that we may be able to help with (not an exclusive list):

High Priority Cases

  • Family Law: Protection from abuse or exploitation of domestic violence victims, elderly, children and persons w/disabilities; divorce and related relief for domestic violence victims.
  • Housing Law: Evictions and lock-outs; foreclosure defense; loss or denial of subsidized housing benefits; loss or denial of essential public utilities; substandard housing conditions cases that cannot be addressed by other agencies.
  • Health Care: Loss or denial of medical or nursing home care; loss or denial of medical benefits (Medicaid, Medicare).
  • Needs-based government assistance: Loss or denial of SSI, GA, TANF, VA, food stamps.
  • Other income benefits where alternative representation is unavailable: Loss or denial of unemployment insurance, Social Security Title II benefits.

Other Cases We May Handle

  • Family Law: Child support, custody, guardianship, visitation, parental rights, divorces for non-domestic violence victims.
  • Housing: Rent issues; security deposits; unit size; discrimination.
  • Education: admission, expulsion, special education & related services.
  • Health care and people with disabilities: powers of attorney and other health care documents; discrimination and reasonable accommodations.
  • Income or benefits: overpayments of government assistance; health insurance matters; employment issues.
  • Consumer Law: Bankruptcy or other debt relief; consumer fraud; protection of exempt income and assets; unfair debt collection practices; repossession; contract defenses.
     

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