Illinois Code § 405 ILCS 5/4-312

(a) If the facility director of a Department facility declines
Open in Lexace · Ask the AI about this section
to admit a person seeking administrative or temporary admission under this
Article, a review of the denial may be requested by the person who executed
the application for admission or by the attorney or guardian of the person with
a developmental disability. Whenever admission to a Department facility is
denied, the person seeking admission shall immediately be given written notice
of the right to request review of the denial under this Section. A written
request for review shall be submitted to the facility director of the facility
to which admission is sought within 14 days of the denial. Upon receipt of the
request, the facility director shall promptly schedule a hearing to be held at
the facility within 7 days pursuant to Section 4-209.

 
(b) At the hearing the Department shall have the burden of proving that
the person denied admission does not meet the standard for administrative
admission. If the utilization review committee finds that the decision
denying admission is based upon substantial evidence, it shall recommend
that the denial of admission be upheld. However, if it finds that the facility
to which admission is sought can provide adequate and appropriate habilitation
for the person, it shall recommend that the person denied admission be
admitted. If it determines that another facility can provide habilitation
appropriate to the condition and needs of the person denied admission, it may
recommend that the Department or other agency assist the person in obtaining
such appropriate habilitation.

(405 ILCS 5/Ch. IV Art. IV heading)
 
ARTICLE IV. 
 
EMERGENCY ADMISSION

OF PERSONS WITH INTELLECTUAL DISABILITIES

‹ Prev All Illinois sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.