Current through Register Vol. 48, No. 12, March 22, 2024
a) The
rights of recipients of mental health and developmental disabilities services
in the public as well as the private sector are set forth in Sections 2-100
through 2-111 of the Code [405 ILCS 5/2-100 through 2 -111].
b) The observation and protection of
recipient rights, as specified in the statute, are applicable to all sections
of this Part.
c) As a general rule,
individuals lose none of their rights, benefits, or privileges because they
receive mental health or developmental disabilities services. For example, a
recipient does not lose the right to vote, attend religious services or any
other rights guaranteed by federal and State constitutions and laws.
d) A summary of rights to which the
recipients of services are entitled include the following:
1) Adequate and humane care and services in
the least restrictive environment and an individualized services
plan.
2) To communicate with other
people in private, without obstruction or censorship by the staff at the
facility. This right includes mail, telephone calls, and visits. There are
limits upon this right, e.g., communication by these means may be reasonably
restricted by the facility director, but only to protect the recipient or
others from harm, harassment or intimidation. All letters addressed by a
recipient to the Governor, members of the General Assembly, Attorney General,
judges, state's attorneys, officers of the Department, or licensed attorneys at
law must be forwarded at once to the persons to whom they are addressed without
examination by the facility authorities. Letters in reply from the officials
and attorneys mentioned above must be delivered to the recipient without
examination by the facility authorities.
3) To receive, possess, and use personal
property unless it is determined that certain items are harmful to the
recipient or others. On discharge all lawful property must be returned to the
recipient.
4) To use money as a
recipient chooses, unless the recipient is under 18 or under a court imposed
restriction, including the appointment of a guardian.
5) To deposit money in a bank or place it for
safekeeping with the facility. If the facility deposits a recipient's funds,
any interest earned will be the recipient's. Neither the facility nor any of
its employees may act as payee to receive any payment or assistance directed to
a recipient, including Social Security and pension, annuity, or trust fund
payments without informed consent of the recipient/guardian.
6) To be paid for work a recipient was asked
to perform which benefits the facility; the recipient may be required to do
personal housekeeping chores without being paid.
7) To refuse services, including medication.
If refused, the recipient will not be given such services except when necessary
to prevent serious harm to self or others.
8) To have restraints used only to protect
the recipient from physically harming self or others, or as a part of a
medical/surgical procedure.
9)
Seclusion used only to prevent the recipient from physically harming self or
others.
10) A recipient will not
receive electro-convulsive therapy (electroshock) without informed consent as
provided for in Section 2-110 of the Code [405 ILCS
5/2-110 ].
11) Any unusual, hazardous, or experimental
services require the recipient's written and informed consent.
12) Except in emergencies, medical or dental
services will not be provided without informed consent of the
recipient/guardian.
13) If
recipient rights are restricted, the facility must notify the following (using
form MHDD-4, "Notice Regarding Rights of Recipient"):
A) Recipient and the person of the
recipient's choice;
B) Parent or
guardian, if the recipient is under age 18;
C) Court-appointed guardian for adult
recipient;
D) The Guardianship and
Advocacy Commission, if so designated (see Section 2-201 of the Code
[405 ILCS
5/2-201 ]).