If you have a loved one with a severe mental illness, you can get a court order for them to get outpatient treatment. This is called an Outpatient Commitment Order.

There are two types of Outpatient Commitment Orders:

• Involuntary Outpatient Commitment Orders. This is when the person does not agree to the treatment.
• Agreed Outpatient Commitment Orders. This is when the person agrees to the treatment

Under either scenario, the court will receive a written treatment report. The report should include:

• A social investigation of the person receiving treatment,
• The availability of alternative treatment settings, and
• A treatment plan.

You will need to file a petition in court to get an Outpatient Commitment Order. You will be called the "petitioner" and the person with the mental illness will be called the "respondent." Learn more about Starting a case to get an Outpatient Commitment Order.

What are the advantages to agreed orders?

With an agreed order, the respondent takes part in shaping their treatment . They agree to settle the case without a court hearing. The order may be extended by agreement without filing a new petition.

However, it may be difficult to get the respondent to agree to it.

What is a custodian?

A judge can place the respondent in the care of a person who will help them go to  appointments and/or therapy sessions. This is called a custodian. The proposed custodian must appear at the court hearing and testify that he or she is willing to take on this role.

The judge will decide if the custodian:

• Understands the terms of the order,
• Agrees to the order,
• Is willing and able to care for the respondent.

The order may grant the custodian the power to send the respondent to the hospital if they don't follow the terms of the order.

Is there legal help for the respondent?

The respondent is represented by the Legal Advocacy Services of the Illinois Guardianship and Advocacy Commission (GAC). The GAC ensures that the respondent’s legal rights are protected. The GAC does not charge for their services.

How long does the order last?

180 days.

Can the order be extended?

Yes. The court may extend the order by another 180 days. You must file a new petition with two new certificates before the first order expires. An Agreed Outpatient Order can be extended for 180 days by agreement of the parties. You don't need to file a new petition or have a new hearing.

Can the order include psychotropic medication?

An involuntary order can't include psychotropic medication. 

An agreed order can include psychotropic medication. The court must find that due to the respondent’s history of treatment and illness, they won't receive needed medication unless there is a court order in place.