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Fill out the following documents:
- Petition for Involuntary Outpatient Admission
- Outpatient Certificate (Psychiatrist)
- Outpatient Certificate (Another Clinician)
You are the petitioner. The respondent is the person for whom you are seeking treatment.
The petitioner may be anyone 18 older. You do not need to be related to the respondent to file a petition on their behalf. You must disclose any other legal cases that involve both you and the respondent.
The petition should have a detailed statement. It should include signs and symptoms of mental illness. It should also include a description of any act, threats, or behavior. Be sure to include the time and place of the occurrence.
You must file two certificates with your petition. Each must be from a clinician who has worked with the respondent. This may be a doctor, psychiatrist, clinical psychologist, or licensed clinical social worker. At least one certificate must be from a psychiatrist.
The petition may be filed with or without the certificates. Each clinician must examine the respondent within 72 hours of completing the certificate.
In Cook County, the State’s Attorney’s Office, Special Prosecutions Bureau, may be able to help you. Their number is 312-603-8600.
You should file the petition in the county where the respondent lives. There will be a fee to file. The clerk will then give you your court date.
Hearings for involuntary outpatient admission are set within 15 business days after receipt of the second certificate.
There are two types of Outpatient Commitment Hearings – contested and agreed.
Contested hearing
The judge will hear testimony from the mental health specialist who examined the respondent. They may also hear from family and friends of the respondent. They will ask about the signs of symptoms of mental illness and any acts, threats, or behavior. This demonstrates the need for the order. The respondent will have a chance to testify. The judge will decide whether to enter a Contested Outpatient Order.
Agreed hearing
This process is much faster. It does not require a court hearing with testimony from multiple witnesses. The judge will review a treating psychiatrist's report about the proposed treatment. They may ask the doctor a few questions. They may go over the terms of the agreed order with the respondent. If the judge decides the respondent understands and agrees to the terms, they will enter the Agreed Outpatient Order.
If the respondent does not comply with an Involuntary Outpatient Order, you can file a motion to revoke the order. A peace officer will take the respondent to an inpatient mental health facility for an assessment.
If the respondent does not comply with an Agreed Outpatient Order and is in the care of a custodian, the custodian may be authorized to admit the respondent. The custodian may ask the court to order a peace officer to take the respondent into custody. The peace officer will transport the respondent to a mental health facility.
In either situation, the respondent may not be held for longer than one business day. They may only be held longer if a petition for involuntary inpatient admission with a supporting certificate is filed.
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