45 ILCS 40/5

Current through Public Act 103-1052

Section 45 ILCS 40/5 - Consents to transfer of service recipient to out-of-state institution

Whenever the Compact Administrator receives a request for the transfer of a service recipient from a Department facility to an institution in another party state such request shall include a consent for transfer from the following person or persons:

1.The parent or guardian of a recipient of service who has not attained 12 years of age;

2.The parent or guardian of a recipient of service who has attained 12 years of age but has not attained 18 years of age and is not clinically capable of giving consent;

3.The parent or guardian and the recipient of service who has attained 12 years of age but has not attained 18 years of age and is clinically capable of giving consent;

4.The recipient of service who has attained 18 years of age or the legal guardian, if appropriate.

The person giving consent may withdraw consent for transfer at any time prior to the transfer by giving written notice of withdrawal to the Compact Administrator.

When a recipient of service is transferred to an institution in another state pursuant to this compact and his or her admission was pursuant to a court order, the clerk of the court shall be promptly notified of the discharge from a Department facility for transfer to another state, as provided for in the Mental Health and Developmental Disabilities Code.

45 ILCS 40/5

P.A. 84-871.