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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110425
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My friend has a severely mentally ill child (homicidal, suicidal,

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My friend has a severely mentally ill child (homicidal, suicidal, schizophrenia). The child has both acted out and verbally stated explicit plans to murder his parents. Their insurance will not cover residential treatment. He has had 4 hospitalizations in 2 months. He is involved with the law. He just attempted suicide and attacked his dad with a broXXXXX XXXXXght bulb. The judge said he would see them in January. they sleep behind a locked door with their other child. His behavior is escalating. Can they refuse to bring him home from the hospital? What will happen then? They are in Illinois.
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
They would need to apply to the court for an involuntary commission and can do so on an emergency basis under the Baker Act in FL. The parents need to call the police every time the child acts out and have them commit him to a facility under the Baker Act since he is a danger to himself and to others. They also need to contact Child Protection Services regarding the child because their complete refusal to take the child home from the hospital could trigger child neglect charges otherwise.

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Customer: replied 7 years ago.
Does the Baker act apply in the State of Illinois?
Expert:  Law Educator, Esq. replied 7 years ago.
I am so sorry, I do not know where I got FL from. Illinois has a very similar law, 405 Ill. Comp. Stat. Sec. 5/1-119 ( and the state’s criteria for court-ordered treatment are based on an opinion from an adult that, because of mental illness, a person may inflict serious harm upon himself or another. Threatening behavior that suggests such harm meets the criteria. A person who is unable to take care of basic physical needs or guard himself from serious harm without help also may be committed.

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