ILCS » Chapter 405 · Act 5

405 ILCS 5/3-602

The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states that the respondent is subject to involuntary admission on an inpatient basis and requires immediate hospitalization

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(405 ILCS 5/3-602) (from Ch. 91 1/2, par. 3-602)
    Sec. 3-602. The petition shall be accompanied by a certificate executed by a physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist which states that the respondent is subject to involuntary admission on an inpatient basis and requires immediate hospitalization. The certificate shall indicate that the physician, qualified examiner, psychiatrist, advanced practice psychiatric nurse, or clinical psychologist personally examined the respondent not more than 72 hours prior to admission. It shall also contain the physician's, qualified examiner's, psychiatrist's, advanced practice psychiatric nurse's, or clinical psychologist's clinical observations, other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of his rights under Section 3-208.
(Source: P.A. 101-587, eff. 1-1-20.)

    
Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1995–2026 · leading case: Matter of Tiffin
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Matter of Tiffin (1995) illappct · cites it 3× “Section 3-403 of the Code provides a voluntary patient shall be discharged five days after requesting discharge unless, within the five-day period, a petition for involuntary commitment and two medical certificates conforming to the requirements of section 3-602 of the Code (405…”
People v. Hannah E. (2007) illappct · cites it 2× “" 405 ILCS 5/3-602 (West 2004). See also 405 ILCS 5/3-208 (West 2004) (the respondent has the right not to speak to her examiner).”
People v. Linda W. (2004) illappct · cites it 2× “Pursuant to section 3-602 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-602 (West 2002)): "The petition shall be accompanied by a certificate executed by a physician, qualified examiner, or clinical psychologist which states that the respondent is…”
People v. Linda B. (In Re Linda B.) (2017) ill “" 405 ILCS 5/3-602 (West 2012). The certificate must evince an examination of the respondent "not more than 72 hours prior to admission" and must contain "other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of…”
People v. James E. (2003) ill “The second petition was accompanied by a certificate from a qualified mental health examiner, as required by section 3-602 of the Code (405 ILCS 5/3-602 (West 2000)), in which the examiner indicated that he had examined respondent on September 8, at St.”
In re Linda B. (2018) ill “” 405 ILCS 5/3-602 (West 2012). The certificate must evince an examination of the respondent “not more than 72 hours prior to admission” and must contain “other factual information relied upon in reaching a diagnosis, and a statement as to whether the respondent was advised of…”
Jinkins v. Lee (2003) illappct “405 ILCS 5/3-602 (West 1996); 405 ILCS 5/3-610 (West 1996).”
In re Lance H. (2015) ill “405 ILCS 5/3-602 (West 2010). If no certificate is present, the court may order examination by a physician, clinical psychologist, or qualified examiner, and by a psychiatrist.”
Irvin v. Southern Illinois Healthcare (2019) illappct “Irvin was to be secured and kept until she could be evaluated by a doctor?" See 405 ILCS 5/3-602 (West 2014). Keown replied, "It was verbal.”
In re Linda B. (2015) illappct · cites it 2× “2d at 349 (citing 405 ILCS 5/3-602 (West 2006)). Further, the certifying professional’s statement -4- must be based on a physical examination of the individual within 72 hours of admission.”
In re Linda B. (2015) illappct “2d at 349 (citing 405 ILCS 5/3-602 (West 2006)). ¶ 17 As relevant here, section 3-611 of the Mental Health Code requires that the mental health facility director file in the trial court the petition and two supporting certificates within 24 hours following the individual's…”
In re Michael F. (2011) illappct “See 405 ILCS 5/3-602 (West 2008) (a certificate for an involuntary admission shall indicate that the physician personally examined the respondent not more than 72 hours prior to the admission).”
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