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You can get a court order requiring a professional examine a loved one with a mental health issue. This is an Order for Detention and Examination.
The person will be brought to a hospital. They will be examined within 24 hours. A psychiatrist or another mental health professional will examine them. The professional may be a physician, a clinical psychologist, a registered nurse with mental health clinical training, a licensed clinical professional counselor, or a licensed marriage and family therapist.
How do I request an Order for Detention and Examination?
A petition requesting the order must be filed with the circuit court.
For assistance in filing a petition in Cook County, contact the State's Attorney's Office, Special Prosecutions Bureau, Seniors and Persons with Disabilities Unit. The phone number is (312) 603-8600, and its office is located at 69 W. Washington St., Suite 3130, Chicago, IL 60602. (Call first as this location may change.) Office hours are from 8:30 a.m. through 4:30 p.m., Monday through Friday, and same day walk-ins are accepted until 1:30 p.m.
You may also hire a private attorney on your own.
Do I have to appear in court?
Yes. If you file the petition, you will have to testify under oath in court. You will be the "petitioner." The person with the mental health issue will be the "respondent."
What happens if the court grants the order?
You must give the order to the police in the area where the respondent is. They will transport the respondent to a hospital for an exam. It is suggested you call in advance and advise the police that you have such an order. If possible, ask that a CIT or crisis intervention trained police officer execute the order. Some families prefer to hire a private ambulance for transportation.
How long does the order remain in effect?
The order remains in effect for 72 hours from the time the judge signs it. If the 72 hours expire without the respondent being transported to the hospital, you may need to file another petition.
What happens at the hospital?
The respondent must be examined by a qualified mental health professional. They will decide whether the respondent will be released or admitted to the facility.
If they believe the respondent should be admitted, they will sign a certificate saying so. The respondent will then be involuntarily admitted to the hospital.
If they believe the respondent should be released, they will release them. The respondent can't be held for more than 24 hours unless a certificate is filed.
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Worried about doing this on your own? You may be able to get free legal help.
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