Illinois Statutes Chapter 405. Mental Health and Developmental Disabilities § 5/4-308. Discharge or transfer; care and residence

§ 4-308. (a) If the court finds that the client is not a person with a developmental disability, that he is not in need of the services which are available at the facility, or that a less restrictive alternative is appropriate, it shall disapprove the admission and order the client discharged. If the client is in a Department facility and the court finds that he or she is a person with a developmental disability but that he is not in need of the services which are available at the facility or that a less restrictive alternative is appropriate, the court may order him transferred to a more appropriate Department facility. If the person who executed the application for admission objects to the transfer, the court shall order the client discharged.

(b) Unless the court orders the discharge or transfer of the client, the facility may continue to provide the client with residential and habilitation services.

(c) Unwillingness or inability of the client's parent, guardian or person in loco parentis to provide for his care or residence shall not be grounds for the court's refusing to order discharge. In that event, a petition may be filed under the Juvenile Court Act of 1987  1 or the Probate Act of 1975, approved August 7, 1975, as now or hereafter amended,  2 to ensure that appropriate care and residence are provided.