Mental Health Overview

It is a court order for a person with a mental illness to be taken (or transported) to a medical facility and examined by a psychiatrist or other qualified examiner. The person must be examined within 24 hours of being brought to the hospital.

A petition requesting the order must be filed with the 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. - 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.

Yes, the person who files the petition is required to give testimony under oath before a judge who will determine whether the facts of the case meet the requirements of the Mental Health Code. In court documents, the person who files the petition is referred to as the "petitioner," and the person with the mental illness emergency is referred to as the "respondent."

If the order for detention and examination or "writ" is granted, it directs law enforcement, generally the police of the municipality where the respondent (the person with the mental illness emergency) is located, to transport the respondent to the identified hospital for a psychiatric examination.

The petitioner must give the order for detention and examination issued at the court hearing to the appropriate law enforcement agency.

The order for detention and examination remains in effect for 72 hours from the time it is signed by the judge. If the 72 hours expire without the person with the mental illness (respondent) being transported to the hospital, it may be necessary to start the process again by filing a new petition.

The respondent must be examined by a psychiatrist or other qualified mental health professional. The purpose of the examination is to determine whether the respondent will be released or admitted to the facility. If it is determined that the respondent is in need of immediate hospitalization to protect such person or others from physical harm, the medical health professional will execute a "certificate" stating that the respondent is subject to involuntary admission on an inpatient basis. According to the Mental Health Code, the respondent may be detained for no more than 24 hours unless a certificate is filed.
 

Not every respondent brought to the hospital on an order for detention and examination is admitted to the facility and treated. If no certificate is filed stating that the respondent is subject to involuntary admission on an inpatient basis, the respondent must be released.