Civil mental health cases arise under the Mental Health and Developmental Disabilities Code 405 ILCS 5/1-1et.seq., often referred to as the Mental Health Code. These matters include requests to have individuals transported to a hospital for a mental health evaluation as well as petitions for involuntary commitment and petitions for involuntary treatment.
Persons age 18 or older may request the court for an Order for Detention and Examination (also known as a "Writ") to have someone transported to a hospital for a mental health evaluation. The Office of the Cook County State's Attorney is available to provide assistance in determining whether a petition is appropriate and in helping to complete the necessary court paperwork.
For more information, contact the Office of the Cook County's State's Attorney at (312) 603-8600 or see "How to Obtain an Emergency Writ."
Emergency requests for an Order for Detention and Examination are heard Monday through Friday by the assigned emergency judge in the Richard J. Daley Center, 50 W. Washington St., 17th floor.
In addition, such requests may be heard at any of the suburban courthouses. The phone number for the State's Attorney's Office at the suburban courthouse is:
Skokie: (847) 470-7300
Rolling Meadows: (847) 818-2326
Maywood: (708) 865-6080
Bridgeview: (708) 974-6250
Markham: (708) 232-4040
Administrative Order 2017-1
(click here) sets forth the procedures to be followed by hospitals in filing petitions for involuntary admission and petitions for involuntary treatment under the Mental Health Code.
The procedures are the same for a private attorney filing on behalf of a non-hospital petitioner.
Upon filing, every case is scheduled for a case management conference ("CMC") and a hearing date.
Click here to see the schedule by day and hospital.
The CMC is typically scheduled for the day prior to the hearing date. At the CMC, the parties inform the court about any motions, independent examination, and whether the case is ready for hearing. The location of the hearing will be determined at the CMC.
Please note that the hearing date my be changed at the CMC. The assistant state's attorneys will inform the hospitals of any change in the hearing date.
A Case Management Conference call is held Monday through Thursday at 11 a.m. in the Richard J. Daley Center, 50 W. Washington St., Chicago, Illinois in courtroom 1708. The LAS attorneys may appear by telephone for scheduling and agreed matters by calling (312) 603-7213. However, they must appear in person on contested matters.
Circuit Court Rule 10.9
(click here) provides for the use of video conferencing equipment in civil mental health proceedings. The rule is intended to reduce unnecessary, clinically inappropriate, and burdensome transportation of persons with serious mental illness from mental health facilities to courtrooms.
Hospitals are required to use equipment that is compatible with the court's poly cam system and permits all participants to be heard and seen and to communicate. The hospital must also have Integrated Services for Digital Network (ISDN) capability to dial in to Cook County's bridge service phone number that will be provided by the court. (An ISDN is a set of communication standards for simultaneous digital transmission of voice, video, data, and other network services.) The hospital must also establish a secure means of transmission to the court.
For approval to hold hearings by video conferencing, contact the Office of the Presiding Judge of the County Division at (312) 603-6194. Requests can be sent to the court at CJCAL3@cookcountyil.gov. Please specify the location within the facility, the video, and sound equipment, means of transmission, and contact person. The MIS Department will contact the facility to set up a test connection.
Hearings are held at the University of Illinois at Chicago, Read Mental Health Facility, Madden Health Center or any facility designated by the Chief Judge as a place of holding court.
Any hospital interested in obtaining approval as a place of holding court should contact the Office of the Presiding Judge of the County Division at (312) 603-6194. The hospital must identify a room with suitable light, security, and sufficient space for the judge, court reporter, court clerk, assistant state's attorney, respondent and respondent's attorney.
Hearings may be held by video conferencing if approved. See tab on video conferencing.