ILCS » Chapter 405 · Act 5
Illinois Compiled Statutes

405 ILCS 5/3-801 (2026)

A respondent may request admission as an informal or voluntary recipient at any time prior to an adjudication that he is subject to involuntary admission on an inpatient or outpatient basis

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(405 ILCS 5/3-801) (from Ch. 91 1/2, par. 3-801)
    Sec. 3-801. A respondent may request admission as an informal or voluntary recipient at any time prior to an adjudication that he is subject to involuntary admission on an inpatient or outpatient basis. The facility director shall approve such a request unless the facility director determines that the respondent lacks the capacity to consent to informal or voluntary admission or that informal or voluntary admission is clinically inappropriate. The director shall not find that voluntary admission is clinically inappropriate in the absence of a documented history of the respondent's illness and treatment demonstrating that the respondent is unlikely to continue to receive needed treatment following release from informal or voluntary admission and that an order for involuntary admission on an outpatient basis is necessary in order to ensure continuity of treatment outside a mental health facility.
    If the facility director approves such a request, the petitioner shall be notified of the request and of his or her right to object thereto, if the petitioner has requested such notification on that individual recipient. The court may dismiss the pending proceedings, but shall consider any objection made by the petitioner, the respondent, or the State's Attorney and may require proof that such dismissal is in the best interest of the respondent and of the public. If voluntary admission is accepted and the petition is dismissed by the court, notice shall be provided to the petitioner, orally and in writing, of his or her right to receive notice of the recipient's discharge pursuant to Section 3-902(d).
(Source: P.A. 96-570, eff. 1-1-10; 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10; 97-375, eff. 8-15-11.)

    
Notes of Decisions
Cited in 9 cases, 2009–2015 · leading case: In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012).
Sort: Relevance Newest Treatment
In re Lance H., 2012 IL App (5th) 110244 (Ill. App. Ct. 2012). · cites it 5× “” 405 ILCS 5/3-801 (West 2010). ¶ 15 The respondent does not dispute the facts of this case but argues that those facts are insufficient to satisfy the requirements of the Mental Health Code.”
People v. Robert F., 917 N.E.2d 1201 (Ill. App. Ct. 2009). · cites it 2× “The only provision in the Mental Health Code that addresses both an involuntary and voluntary status is section 3-801 (405 ILCS 5/3-801 (West 2008)). There, if a respondent requests voluntary admission at the time a petition for involuntary admission is pending, the trial court…”
In re Lance H., 2014 IL 114899 (Ill. 2015). · cites it 2× “” 405 ILCS 5/3-801 (West 2010). This section requires the facility director to approve the request unless he determines “the respondent lacks the capacity to consent to informal or voluntary admission or that informal or voluntary admission is clinically inappropriate.”
In re Lance H., 2014 IL 114899 (Ill. 2014). · cites it 2× “” 405 ILCS 5/3-801 (West 2010). This section requires the facility director to approve the request unless he determines “the respondent lacks the capacity to consent to informal or voluntary admission or that informal or voluntary admission is clinically inappropriate.”
People v. Johnson, 965 N.E.2d 602 (Ill. App. Ct. 2012). “2d at 710 (citing 405 ILCS 5/3-801 (West 2006)). If the court decides not to dismiss the petition, we explained, the petition "remains pending and is subject to all the procedural safeguards ordinarily applicable.”
People v. Johnson, 2012 IL App (5th) 70573 (Ill. App. Ct. 2012). “2d at 710 (citing 405 ILCS 5/3-801 (West 2006)). If the court decides not to dismiss the petition, we explained, the petition “remains pending and is subject to all the procedural safeguards ordinarily applicable.”
In re Lance H., 2014 IL 114899 (Ill. 2014). · cites it 2× “” 405 ILCS 5/3-801 (West 2010). This section requires the facility director to approve the request unless he determines “the respondent lacks the capacity to consent to informal or voluntary admission or that informal or voluntary admission is clinically inappropriate.”
In re Robert F. (Ill. App. Ct. 2009). · cites it 2× “The only provision in the Mental Health Code that addresses both an involuntary and voluntary status is section 3-801 (405 ILCS 5/3-801 (West 2008)). There, if a respondent requests voluntary admission at the time a petition for involun- tary admission is pending, the trial…”
In re Donrell S. (Ill. App. Ct. 2009). “2d at 714 (citing 405 ILCS 5/3-801 (West 2006)). If the court dismisses the petition, then the respondent is to be treated as a voluntarily admitted patient.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.