There are extensive legal procedures available to prevent unneeded hospitalization and other unsuitable forms of care. In many cases, you are entitled to have a lawyer represent you in proceedings to protect your rights.

Equip for Equality and the Guardianship and Advocacy Commission advocate for the rights of recipients of mental health and developmental disability treatment and services. Both of these organizations may be able to provide you with legal services to help you in proceedings to protect your rights.

Your right to [no-lexicon]appeal[/no-lexicon]

You have the right to file an appeal if:

• You are denied admission to a state-operated mental health facility because it is determined that you do not require inpatient care,
• You disagree with a decision to discharge you from a state-operated mental health facility,
• Your request to transfer to a different facility is denied, or
• You object to a proposed transfer from one state-operated facility to another.

When the appeal must be filed

If you are appealing a denial of admission, you must do so in writing within 14 days. If you are appealing a proposed discharge, you can file at any time up until the date of discharge. If you are appealing a transfer, you must file before the transfer, or within 14 days after an emergency transfer.

Where to file the appeal

You must file all appeals in writing. You should file them with the director of the state-operated mental health facility.

The [no-lexicon]appeal[/no-lexicon] [no-lexicon]hearing[/no-lexicon]

Within 7 days of filing your appeal, a panel of mental health specialists called a Utilization Review Committee (URC) will conduct a hearing. The hearing is informal. You have the chance to testify and present witnesses and other evidence to support your case. You are entitled to have a lawyer represent you at the hearing.

In denial of admission cases

The program that denied your application has the burden of proving that you do not need to be admitted. They must show that suitable outpatient treatment is available and would meet your treatment needs.

In discharge cases

The facility director has the burden of proving

you are no longer "a person subject to involuntary admission" and:

• That you are safely able to live on your own, or
• That you will need assistance in your daily activities and suitable arrangements have been made.

You cannot be discharged while you are waiting for the hearing or the decision on your appeal.

In transfer cases

If you did not request the transfer, the facility director has the burden of proving that the transfer will not have a negative effect on your treatment. They must show that your treatment needs can be met at the new facility.

Within 3 days after the hearing, the URC must prepare a written report. This must indicate whether they vote to uphold or reverse the decision which you have appealed.

The URC sends a copy of this report to the director of the mental health facility. 

If you are requesting a transfer to another facility, you have the burden to show that the other facility provides treatment that is more appropriate.

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. In this case, you may ask for an appropriate transfer. However, this option is only available for private facilities.

Appeals to the Department of Human Services

Within 7 days after receiving the URC's report, the facility director must give you a written decision. This will state whether he or she has agreed to accept or reject the URC's opinion. If the URC holds in your favor and the program director disagrees, the program director may appeal to the Illinois Department of Human Services (IDHS). If the URC recommends against you, then you may appeal to IDHS.

You must file your appeal to IDHS within 7 days of the program director's decision. You must appeal in writing. You may send it either to the facility director or the Secretary of IDHS. Your appeal must state why you believe that the facility director's decision is incorrect. The Secretary of IDHS will not consider any new evidence. He or she will review all the evidence considered by the URC. The Secretary of IDHS will then send you a written decision within 30 days of your appeal.

Review of the IDHS decision in court

If the Secretary of IDHS upholds the decision which you appealed, you may file a complaint about administrative review in the circuit court. You must file this Complaint within 35 days of the Secretary of IDHS's decision. You or your lawyer will have the chance to make written and oral arguments in support of your case. The judge will decide whether the Secretary of IDHS fairly considered the facts and properly applied the law.

Appealing court orders

You are entitled to a hearing in the circuit court if you disagree with your admission or discharge or with other issues connected with your care.

Anytime the circuit court enters a final order, the order must be placed in writing. It must include an explanation of the reason(s) that the order was entered. A copy of the order must be given to you and your lawyer. The judge must explain that you have the right to appeal the order. The judge must also tell you that you have the right to have a lawyer appointed to represent you for free if you are low-income. He or she must give you a written statement to this effect.

Examples of final orders include:

• Disposition orders requiring you to be hospitalized or to enter alternative care,
• Orders denying your request for a change in your treatment plan,
• Orders denying your request for discharge, and
• Orders permitting your transfer.

The appeal from a final court order must be filed in the Illinois Appellate Court. You must file no later than 30 days after the entry of the final court order.