- Mental Health Proceedings
- FAQs for the Self-Represented
- Resources
Civil mental health cases, which include petitions for involuntary commitment, petitions for involuntary treatment and emergency requests to have individuals transported to a hospital for a mental health evaluation, are heard in the County Division.
Civil mental health cases arise under the Mental Health and Developmental Disabilities Code 405 ILCS 5/1-1et.seq., often referred to as the Mental Health Code. These matters include requests to have individuals transported to a hospital for a mental health evaluation as well as petitions for involuntary commitment and petitions for involuntary treatment.
Persons age 18 or older may request the court for an Order for Detention and Examination (also known as a "Writ") to have someone transported to a hospital for a mental health evaluation. The Office of the Cook County State's Attorney is available to provide assistance in determining whether a petition is appropriate and in helping to complete the necessary court paperwork.
For more information, contact the Office of the Cook County's State's Attorney at (312) 603-8600 or
see "How to Obtain an Emergency Writ."
Emergency requests for an Order for Detention and Examination are heard Monday through Friday by the assigned emergency judge in the Richard J. Daley Center, 50 W. Washington St., 17th floor.
Administrative Order 2017-1
(click here) sets forth the procedures to be followed by hospitals in filing petitions for involuntary admission and petitions for involuntary treatment under the Mental Health Code.
The procedures are the same for a private attorney filing on behalf of a non-hospital petitioner.
Upon filing, every case is scheduled for a case management conference ("CMC") and a hearing date.
Click here to see the schedule by day and hospital.
The CMC is typically scheduled for the day prior to the hearing date. At the CMC, the parties inform the court about any motions, independent examination, and whether the case is ready for hearing. The location of the hearing will be determined at the CMC.
Please note that the hearing date my be changed at the CMC. The assistant state's attorneys will inform the hospitals of any change in the hearing date.
A Case Management Conference call is held Monday through Thursday at 11 a.m. in the Richard J. Daley Center, 50 W. Washington St., Chicago, Illinois in courtroom 1708. The LAS attorneys may appear by telephone for scheduling and agreed matters by calling (312) 603-7213. However, they must appear in person on contested matters.
Circuit Court Rule 10.9
(click here) provides for the use of video conferencing equipment in civil mental health proceedings. The rule is intended to reduce unnecessary, clinically inappropriate, and burdensome transportation of persons with serious mental illness from mental health facilities to courtrooms.
Hospitals are required to use equipment that is compatible with the court's poly cam system and permits all participants to be heard and seen and to communicate. The hospital must also have Integrated Services for Digital Network (ISDN) capability to dial in to Cook County's bridge service phone number that will be provided by the court. (An ISDN is a set of communication standards for simultaneous digital transmission of voice, video, data, and other network services.) The hospital must also establish a secure means of transmission to the court.
For approval to hold hearings by video conferencing, contact the Office of the Presiding Judge of the County Division at (312) 603-6194. Requests can be sent to the court at CJCAL3@cookcountyil.gov. Please specify the location within the facility, the video, and sound equipment, means of transmission, and contact person. The MIS Department will contact the facility to set up a test connection.
Clerk of the Circuit Court of Cook County Mental Health Desk, County Division: (312) 603-1341
Cook County State's Attorney's Office, Special Prosecutions Bureau, Seniors and Persons with Disabilities Unit: (312) 603-8600
The State's Attorney represents the people of the State of Illinois in court proceedings under the Mental Health Code. The office also assists individuals, free of charge, in obtaining an Order for Detention and Examination.
The Illinois Guardianship and Advocacy Commission, Legal Advocacy Service (GAC/LAS): (312) 793-5900
www.gac.state.il.us
The LAS attorneys provide representation to patients free of charge in all civil mental health cases.
Hearings are held at the University of Illinois at Chicago, Read Mental Health Facility, Madden Health Center or any facility designated by the Chief Judge as a place of holding court.
Any hospital interested in obtaining approval as a place of holding court should contact the Office of the Presiding Judge of the County Division at (312) 603-6194. The hospital must identify a room with suitable light, security, and sufficient space for the judge, court reporter, court clerk, assistant state's attorney, respondent and respondent's attorney.
Hearings may be held by video conferencing if approved. See tab on video conferencing.
What is an order for detention and examination?
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.
What is the procedure to request an order for detention and examination?
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. 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.
Does the person filing the petition have to appear in court?
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."
What happens if the court grants an order for detention and examination?
If the order for detention and examination or "writ" is granted, it directs law enforcement, generally the police of the municipality where the respondent 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.
How long does the order for detention and examination remain in effect?
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.
What happens when the person with the mental illness (respondent) arrives at the hospital?
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.
Will the person with the mental health illness (respondent) be detained at the hospital and treated?
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.
The Center for Disability and Elder Law
Mental Health Pro Bono Program
312-767-7013
- Will connect families with a pro bono attorney who can offer legal information and advice on different options such as guardianship, orders for detention and examination and inpatient and outpatient commitment.
Illinois Guardianship and Advocacy Commission
www.gac.state.il.us
- Information on Advance Directives such as Declarations for Mental Health Treatment and Power of Attorney for Health Care (Click here.)
- Legal Advocacy Services (LAS) attorneys represent patients in civil mental health proceedings