Health & Benefits

Voluntary outpatient care for minors

Any child age 12 or older may receive outpatient counseling and psychotherapy upon the child's request. A child under age 17 can be seen for up to eight 90-minute sessions without parental consent When someone gives permission for someone else to do something . 

After that, the child can request to continue the treatment. If the child allows the health care provider to contact the parent for consent, the provider must try to get parental consent. Treatment may continue without parental consent if:

• Getting consent would hurt the minor A person under 18 years old 's well-being, or
• The parents could not be reached after at least two tries.

The parents are not responsible for the costs of any treatment given without their consent.

Voluntary admission of minors upon the minor's request

Any child age 16 and up may volunteer to be admitted to a mental health facility. The procedures are the same as with adults. The facility must notify the child's parents or guardian.

Voluntary admission of minors upon the parent's or guardian's request

A child's parent or guardian may seek to admit a child to a facility. If the child does not have a parent or guardian, some other person who is taking care of the child can make the request.

Certification before the voluntary admission of a child

Before, the child must be examined by one of the following:

• A psychiatrist,
• A clinical psychologist,
• A clinical social worker, or
• A clinical professional counselor.

The examiner must provide a certificate in writing. The certificate must contain:

• The child has a mental illness or emotional disturbance,
• The illness must be so severe that hospitalization is necessary, 
• The child will likely benefit from inpatient treatment, 
• The reasons for coming to this conclusion, and 
• An explanation of what alternatives to hospitalization were explored.

Emergency admission of minors

Some emergencies might require immediate admission to a facility. In this case, a certificate is not required. The following people may request an emergency admission:

• The parent or guardian of the child,
• An interested person over age 18 when the child's parent or guardian cannot be found or refuses to consent to admission, or
• Any police officer who has observed the child's behavior.

If the child is admitted by someone other than the child's parents or guardian, the facility must make efforts to contact the parent or guardian. If they cannot within three business days of the admission, or if the parent or guardian refuses to consent to the admission, a court petition (noun) A written request to a court (verb) To request from a court will be filed to ensure appropriate guardianship When a person is appointed by a judge to take care of a child or an adult with a disability for the child.

A child may be admitted in an emergency even if the child's parents refuse to give consent. In this case, the parent or guardian has the right to take legal action to seek the child's discharge. This is called an objection A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. to admission. Also, any interested person age 18 or older, or a child age 12 or older, can submit a written objection. 

Certification after the emergency admission of a child

A psychiatrist or clinical psychologist must examine the child within 24 hours. The examiner must certify in writing that the child meets the admission standard. The certificate must state that the child needs hospitalization. The facility must release the child immediately if a certificate is not issued within 24 hours.

Review to determine the need for continuing treatment of a minor

Within 30 days, the facility director must decide whether continued hospitalization is necessary. To make the decision, the director should review the child's treatment record. The director must also consult with the child's parents, guardian, or the person who admitted the child. If continued treatment is needed, the director must obtain the permission of the parent or guardian.

This same procedure must then be repeated every 60 days. The child's parents can object to continued hospitalization. The facility must consider this as a request for discharge. The rules concerning the release of a minor are explained below.

Admission to a facility just to examine the child

Sometimes, the extent or nature of a child's illness is unknown. Whether a child needs hospitalization might also be unclear. In this situation, the mental health facility may only admit to examine the child.

A petition must be filed to admit a child for an exam. Either one of the following can file a petition in Illinois Circuit Court The lowest level of court in Illinois :

• The child's parent or guardian, or
• Another person who is taking care of the child.

The judge will decide whether to order the admission. To do so, the evidence Anything used to show that something is true must show that it is not feasible to perform the exam in a less harsh environment. The judge may order a police officer or another person to take the child to a facility.

Objections to the admission of a child

Whenever a child is admitted to a mental health facility, an objection can be filed.

An "objection" may be filed by:

• The child, if he or she is age 12 or older,
• The child's parents or guardian, if the child was admitted without their consent, or
• Any other interested person over age 18. This may include some other person who has been providing for the child's care. This could also include the child's doctor or counselor.

The person must file the objection in writing. It must be filed with the facility director. Upon receiving the objection, the facility must release the child as soon as possible. The child must be discharged within 15 business days of the filing of objection, unless: 

• the objection is withdrawn, or
• the facility files a petition for review and two certificates with the court.

If a petition is filed, the facility will not need to release the child. The petition for review requests a court to determine whether the child needs to remain hospitalized. The rules governing the court proceedings are described below.

Request for transfer

A child's representative may make a request for the child to be moved to another facility. The person must show that the other facility will provide more appropriate treatment and that the transfer does not threaten the safety of the child or others. The facility director must hold a hearing When the parties in a case present their sides of a case to a judge or other officer on the application within 7 days of receiving it. If it is approved, the transfer should happen within 30 days.

Request for the discharge of a child

A parent or guardian may file a request that the child is discharged at any time. This is true even if they initially consented to the admission. The request must be in writing. It must be filed with the facility director. Upon receiving the request, the facility must release the child as soon as possible. The child must be discharged within 5 business days of the request, unless a petition for review is filed in court.

The facility can file a petition for review. The petition must be accompanied by two certificates. The petition must be filed in court within 5 days of the request. The child age 12 or over, or someone acting on their behalf, may file the petition if they object to the discharge.

A petition for review may be filed following an objection to admission or a request for discharge. In either case, the court proceedings are the same.

The judge will hold a court hearing within 5 business days of the filing of the petition for review. The child may continue to be hospitalized while the court proceedings are pending.

The court hearing rules that apply for involuntary admission of adults also apply in child cases. The judge will appoint a lawyer Someone who represents clients in courts or who gives legal advice to represent the child. The child will be entitled to have an independent mental assessment. He or she is also entitled to a jury trial A trial decided by a judge and a jury .

The judge must order the child discharged if the judge or jury finds that:

• The child does not have a mental illness or emotional disturbance. This means hospitalization is not necessary,
• The child cannot benefit from inpatient treatment, or
• The child can be cared for in a less drastic setting.

A parent or guardian's unwillingness to provide care for the child is not a reason for the court to refuse to order a discharge. 

If the court finds that the child should not be discharged, the judge will authorize continued treatment. The judge may also order the child to enter into alternative treatment. They will do so if the find that this will adequately meet the child's needs.

Examples of alternative treatment:

• Attending out-patient counseling,
• Taking certain medications, and
• Residing in the home of a relative or other supervised setting.

When the court allows continued hospitalization of the child, no new objection can be heard for 20 days without court permission. 

Discharge from treatment

A facility may discharge a child upon request if there is no objection. A court, based on a petition for review, may order a child to be released. The director may discharge a child if they believe that the child no longer needs hospitalization.