Illinois Compiled Statutes

405 ILCS 5/3-816 (2026)

Final orders; copies; appeal

✓ current as of May 2026
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(405 ILCS 5/3-816) (from Ch. 91 1/2, par. 3-816)
    Sec. 3-816. Final orders; copies; appeal.
    (a) Every final order entered by the court under this Act shall be in writing and shall be accompanied by a statement on the record of the court's findings of fact and conclusions of law. A copy of such order shall be promptly given to the recipient or his or her attorney and to the facility director of the facility or alternative treatment to which the recipient is admitted or to the person in whose care and custody the recipient is placed.
    (b) An appeal from a final order may be taken in the same manner as in other civil cases. Upon entry of a final order, the court shall notify the recipient orally and in writing of his or her right to appeal and, if he or she is indigent, of his or her right to a free transcript and counsel. The cost of the transcript shall be paid pursuant to subsection (c) of Section 3-818 and subsection (c) of Section 4-615 of this Code. If the recipient wishes to appeal and is unable to obtain counsel, counsel shall be appointed pursuant to Section 3-805.
(Source: P.A. 90-765, eff. 8-14-98.)

    
Notes of Decisions
Cited in 20 cases (3 in the last 5 years), 2001–2026 · leading case: In re Rita P., 2014 IL 115798 (Ill. 2014).
In re Rita P., 2014 IL 115798 (Ill. 2014). · cites it 4× “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In re Rita P., 2014 IL 115798 (Ill. 2014). · cites it 3× “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “405 ILCS 5/3-816(a) (West 2008). In support of his argument that the court's findings in this case were inadequate, Joseph cites In re James S.”
In re Rita P., 2013 IL App (1st) 112837 (Ill. App. Ct. 2013). · cites it 2× “On appeal, respondent contends that the order should be reversed because the trial court failed to make findings of fact, as required by section 3-816(a) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-816(a) (West 2010)). Respondent also contends…”
People v. Frances K., 749 N.E.2d 1082 (Ill. App. Ct. 2001). “405 ILCS 5/3-816 (West 1998). The second requirement to apply the exception to the mootness doctrine is also present.”
In re Lance H., 2014 IL 114899 (Ill. 2015). “It requires that a person be found subject to involuntary admission by “clear and convincing evidence” (405 ILCS 5/3-808 (West 2010)); provides for appeal rights and preservation of the record (405 ILCS 5/3-816, 3-817 (West 2010)); and sets requirements for a treatment plan.”
In re E.F., 2014 IL App (3d) 130814 (Ill. App. Ct. 2014). · cites it 2× “1(a-5)(6) (West 2012)), and neither the record nor the order contains the necessary findings of fact as dictated by section 3-816(a) of the Code (405 ILCS 5/3-816(a) (West 2012)); and (3) he was not give proper written information regarding the side effects of the psychotropic…”
In the Matter of Latoya C., 2013 IL App (1st) 121477 (Ill. App. Ct. 2013). · cites it 2× “On appeal, respondent contends that the order should be reversed because the trial court failed to make either oral or written findings of fact, as required by section 3-816(a) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-816(a) (West 2012)); the…”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). · cites it 3× “On appeal, defendant asserts that the trial court’s decision was against the manifest weight of the evidence, that the trial court based its decision on an impermissible standard, and that the trial court failed to make findings of fact as required by section 3-816(a) of the…”
In re E.F., 2014 IL App (3d) 130814 (Ill. App. Ct. 2014). · cites it 2× “1(a-5)(6) (West 2012)), and neither the record nor the order contains the necessary findings of fact as dictated by section 3-816(a) of the Code (405 ILCS 5/3-816(a) (West 2012)); and (3) he was not give proper written information regarding the side effects of the psychotropic…”
People v. Bethke, 2014 IL App (1st) 122502 (Ill. App. Ct. 2014). · cites it 4× “On appeal, defendant asserts that the trial court's decision was against the manifest weight of the evidence, that the trial court based its decision on an impermissible standard, and that the trial court failed to make findings of fact as required by section 3-816(a) of the…”
In Re Alfred HH, 910 N.E.2d 74 (Ill. 2009). · cites it 3× “See 405 ILCS 5/3-816(b) (West 2006). Section 3-816 provides: "(b) An appeal from a final order may be taken in the same manner as in other civil cases.”
— 405 ILCS 5/3-816(a) — 14 cases
In re Rita P., 2014 IL 115798 (Ill. 2014). “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In re Rita P., 2014 IL 115798 (Ill. 2014). “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In Re Joseph M., 939 N.E.2d 959 (Ill. App. Ct. 2010). “405 ILCS 5/3-816(a) (West 2008). In support of his argument that the court's findings in this case were inadequate, Joseph cites In re James S.”
In re Rita P., 2013 IL App (1st) 112837 (Ill. App. Ct. 2013). “On appeal, respondent contends that the order should be reversed because the trial court failed to make findings of fact, as required by section 3-816(a) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3-816(a) (West 2010)). Respondent also contends…”
In re E.F., 2014 IL App (3d) 130814 (Ill. App. Ct. 2014). “1(a-5)(6) (West 2012)), and neither the record nor the order contains the necessary findings of fact as dictated by section 3-816(a) of the Code (405 ILCS 5/3-816(a) (West 2012)); and (3) he was not give proper written information regarding the side effects of the psychotropic…”
— 405 ILCS 5/3-816(b) — 4 cases
In re Rita P., 2014 IL 115798 (Ill. 2014). “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In re Rita P., 2014 IL 115798 (Ill. 2014). “On appeal, respondent argued that the treatment order must be reversed because the trial court failed to comply with section 3-816(a) of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3-816(a) (West 2010)), providing that final orders…”
In Re Alfred HH, 910 N.E.2d 74 (Ill. 2009). “See 405 ILCS 5/3-816(b) (West 2006). Section 3-816 provides: "(b) An appeal from a final order may be taken in the same manner as in other civil cases.”
In re Angela C., 2022 IL App (3d) 170154-U (Ill. App. Ct. 2022).
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