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Illinois Compiled Statutes

405 ILCS 5/3-400 (2026)

Voluntary admission to mental health facility

✓ current as of May 2026
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(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
    Sec. 3-400. Voluntary admission to mental health facility.
    (a) Any person 16 or older, including a person adjudicated a person with a disability, may be admitted to a mental health facility as a voluntary recipient for treatment of a mental illness upon the filing of an application with the facility director of the facility if the facility director determines and documents in the recipient's medical record that the person (1) is clinically suitable for admission as a voluntary recipient and (2) has the capacity to consent to voluntary admission.
    (b) For purposes of consenting to voluntary admission, a person has the capacity to consent to voluntary admission if, in the professional judgment of the facility director or his or her designee, the person is able to understand that:
        (1) He or she is being admitted to a mental health
    
facility.
        (2) He or she may request discharge at any time. The
    
request must be in writing, and discharge is not automatic.
        (3) Within 5 business days after receipt of the
    
written request for discharge, the facility must either discharge the person or initiate commitment proceedings.
    (c) No mental health facility shall require the completion of a petition or certificate as a condition of accepting the admission of a recipient who is being transported to that facility from any other inpatient or outpatient healthcare facility if the recipient has completed an application for voluntary admission to the receiving facility pursuant to this Section.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 9 cases, 1994–2020 · leading case: In re Lance H., 2014 IL 114899 (Ill. 2015).
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In re Lance H., 2014 IL 114899 (Ill. 2015). · cites it 5× “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
People v. James E., 797 N.E.2d 622 (Ill. 2003). · cites it 2× “Article IV of chapter III of the Mental Health and Developmental Disabilities Code (405 ILCS 5/3-400 (West 2000)) addresses the "Voluntary Admission of Adults" to mental health facilities.”
In re Lance H., 2014 IL 114899 (Ill. 2014). · cites it 5× “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
Diane M. Wilson v. Ugo Formigoni, Carlos Deeb & Bruce Wilosinski, 42 F.3d 1060 (7th Cir. 1994). “Nor does the involuntary commitment procedures provided by the Illinois Mental Health Code, 405 ILCS 5/3-400 et seq., create in Wilson an entitlement to involuntary commitment.”
In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012). “The legislature has established procedures for both an initial voluntary admission (see 405 ILCS 5/3-400 to 3-405 (West 2010) (procedures for voluntary admissions to and discharge from mental health facilities)) and a change of status when an involuntarily committed patient…”
In re Jian L., 2018 IL App (4th) 170387 (Ill. App. Ct. 2018). “Mental Health and Developmental Disabilities Code ¶ 15 Section 3-400 of the Code (405 ILCS 5/3-400 (West 2016)) establishes a process for individuals to voluntarily admit themselves to a mental health facility in the following manner: “Any person 16 or older, including a person…”
People v. Jian L. (In Re Jian L.), 2018 IL App (4th) 170387 (Ill. App. Ct. 2018). “Mental Health and Developmental Disabilities Code ¶ 15 Section 3-400 of the Code ( 405 ILCS 5/3-400 (West 2016) ) establishes a process for individuals to voluntarily admit themselves to a mental health facility in the following manner: "Any person 16 or older, including a…”
In re Julie M., 2019 IL App (4th) 180753 (Ill. App. Ct. 2020). “that burden, whether it be the mental health patient whose conditions are of such severity as to warrant a petition for involuntary commitment or the mental health facility that could secure proof of voluntariness by complying with the Mental Health Code, which obligates such…”
In re Lance H., 2014 IL 114899 (Ill. 2014). · cites it 5× “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
— 405 ILCS 5/3-400(a) — 3 cases
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
— 405 ILCS 5/3-400(b) — 3 cases
In re Lance H., 2014 IL 114899 (Ill. 2015). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
In re Lance H., 2014 IL 114899 (Ill. 2014). “405 ILCS 5/3-400 to 3-405, 3-700 to 3-706 (West 2010).”
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