Health & Benefits

Even if you are admitted to a mental health facility against your will, you still have rights. The facility must give you a written summary of your rights when they admit you.

Treatment plan

Within 3 days after you are admitted, the facility must create an individual services plan for you.

An individual services plan is a written plan for your treatment. It includes:

• An assessment of your treatment needs,
• A description of the services you will receive,
• The goals of each type of service,
• The role of your family in implementing the plan,
• Agreed upon and paid labor, if decided that the work would be consistent with your plan,
• The amount of time that you will need services to meet your goals, and
• The name of the person or persons who are responsible for providing the services required by the plan.

The facility must review and update the individual services plan on a regular basis to make sure that it continues to meet your needs.

At all times, you must be provided with adequate and humane care and services in the least restrictive environment.

Help available

The facility must give you the address and phone number for the Guardianship and Advocacy Commission (GAC). The GAC is an organization that advocates for the rights of people with disabilities. The facility must help you to contact the GAC if you request it.

Legal Disability

You can’t be presumed to be or held out as having a legal disability simply because you are receiving services.

Communication Rights

You are entitled to unimpeded, private, and uncensored communication by mail, telephone, and visitation. The facility director must make sure that letters can be conveniently received and mailed, telephones are reasonably accessible, and space for visits is available. Restrictions on communication can only be imposed to protect you or others from harm. You must be notified of such restrictions.

The facility may not prevent your attorney from visiting you during normal business hours, unless you refuse to meet with your attorney.

Restraint and seclusion

Restraint and seclusion may only be used as a therapeutic measure to prevent you from causing physical harm to yourself or others.

Anyone who orders restraint or seclusion must inform the facility director in writing within 24 hours.

Change in status

The facility must let you know whenever they try to change the legal status of your admission. It must give you a copy of the legal papers relating to the change of status.

Example: You voluntarily admit yourself, but the facility then tries to get a court order to force you to remain in the facility. The facility must give you copies of the papers they filed.

Personal property

You must be allowed to receive, possess, and use personal property (including money). You must also be given a reasonable amount of storage space. This right can be limited to protect you or others from harm.

Upon discharge, your property must be returned to you.

Right to request a transfer

You, or your representative, have the right to request a transfer to another facility. You must show that the other facility will provide more appropriate care. The facility director must hold a hearing within 7 days of receiving the request. If approved, the hearing committee should recommend transfer within 30 days. If you are denied, you may not apply again for 180 days. However, you may appeal the decision.

Refusal of services

You must be informed of your right to refuse generally accepted services, including medication and electroconvulsive therapy. Refused services can’t be given unless they are necessary to prevent serious and imminent physical harm and no less restrictive alternative is available. You will be informed of alternate services available and the risks of such alternate services, as well as possible consequences of refusal of such services.

If you allow administration of psychotropic medication or electroconvulsive therapy, there are additional restrictions regarding their use.

Different languages

The facility must give you all notices in your own language if you do not communicate in English. However, you will receive court pleadings and related documents only in English.

Equal treatment

You can’t be denied mental health or developmental services because of: 

• Age, 

• Sex, 

• Race, 

• Religious belief, 

• Ethnic origin, 

• Marital status, 

• Physical or mental disability, or 

• Criminal record, unrelated to present dangerousness.

You have the right to free exercise of religion. No religious beliefs, practices, or attendance at religious services may be imposed upon you.

Medical emergency

During a medical emergency, essential medical or dental procedures may be performed if you are not capable of providing consent.

Northern Illinois exception

You may have more protections if:

• You are involuntarily admitted,

• You are being treated for mental health or substance abuse, and

• You live in northern Illinois.

People who live in northern Illinois are entitled to appropriate treatment in Wisconsin if the facility would be closer to their home. This option is only available for private facilities.