Illinois Compiled Statutes 405 ILCS 5/2-201 – (a) Whenever any rights of a recipient of services that are specified …
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(a) Whenever any rights of a recipient of services that are specified in this Chapter are restricted, the professional responsible for overseeing the implementation of the recipient’s services plan shall be responsible for promptly giving notice of the restriction or use of restraint or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor
(1) the recipient and, if such recipient is a minor
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or under guardianship, his parent or guardian;
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(2) a person designated under subsection (b) of
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Section 2-200 upon commencement of services or at any later time to receive such notice;
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(3) the facility director;
(4) the Guardianship and Advocacy Commission, or the
Terms Used In Illinois Compiled Statutes 405 ILCS 5/2-201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(4) the Guardianship and Advocacy Commission, or the
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agency designated under “An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named”, approved September 20, 1985, if either is so designated; and
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(5) the recipient’s substitute decision maker, if any.
The professional shall also be responsible for promptly recording such restriction or use of restraint or seclusion and the reason therefor in the recipient’s record.
(b) The facility director shall maintain a file of all notices of restrictions of rights, or the use of restraint or seclusion for the past 3 years. The facility director shall allow the Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of “An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named,” approved September 20, 1985, and the Department to examine and copy such records upon request. Records obtained under this Section shall not be further disclosed except pursuant to written authorization of the recipient under § 5 of the Mental Health and Developmental Disabilities Confidentiality Act.
The professional shall also be responsible for promptly recording such restriction or use of restraint or seclusion and the reason therefor in the recipient’s record.
(b) The facility director shall maintain a file of all notices of restrictions of rights, or the use of restraint or seclusion for the past 3 years. The facility director shall allow the Guardianship and Advocacy Commission, the agency designated by the Governor under Section 1 of “An Act in relation to the protection and advocacy of the rights of persons with developmental disabilities, and amending Acts therein named,” approved September 20, 1985, and the Department to examine and copy such records upon request. Records obtained under this Section shall not be further disclosed except pursuant to written authorization of the recipient under § 5 of the Mental Health and Developmental Disabilities Confidentiality Act.