Health & Benefits

Worried about doing this on your own?  You may be able to get free legal help.

My rights when admitted to a mental health facility

Even if you are admitted to a mental health facility against your will, you still have rights. The facility must give you a written summary of your rights when they admit you.

Treatment plan

Within 3 days after you are admitted, the facility must create an individual services plan for you.

An individual services plan is a written plan for your treatment. It includes:

  • An assessment of your treatment needs,
  • A description of the services you will receive,
  • The goals of each type of service,
  • The role of your family in implementing the plan,
  • The amount of time that you will need services to meet your goals, and
  • The name of the person or persons who are responsible for providing the services required by the plan.

The facility must review and update the individual services plan on a regular basis to make sure that it continues to meet your needs.

Help available

The facility must give you the address and phone number for the Guardianship and Advocacy Commission (GAC). The GAC is an organization that advocates for the rights of people with disabilities. The facility must help you to contact the GAC if you request it.

Change in status

The facility must let you know whenever they try to change the legal status of your admission. It must give you a copy of the legal papers relating to the change of status.

Example: You voluntarily admit yourself, but the facility then tries to get a court order to force you to remain in the facility. The facility must give you copies of the papers they filed.

Right to request a transfer

You, or your representative, have the right to request a transfer to another facility. You must show that the other facility will provide more appropriate care. The facility director must hold a hearing within 7 days of receiving the request. If approved, the hearing committee should recommend transfer within 30 days. If you are denied, you may not apply again for 180 days. However, you may appeal the decision.

Different languages

The facility must give you all notices in your own language, if you do not communicate in English. However, you will receive court pleadings and related documents only in English.

Northern Illinois exception

You may have more protections if:

  • You are involuntarily admitted,

  • You are being treated for mental health or substance abuse, and

  • You live in northern Illinois.

People who live in northern Illinois are entitled to appropriate treatment in Wisconsin if the facility would be closer to their home. This option is only available for private facilities.

Last full review by a subject matter expert
July 10, 2018
Last revised by staff
April 05, 2023

Comments & Ratings

Rate
No votes yet

Only logged-in users can post comments.  Please log in or register if you want to leave a comment.  We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.