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When can mental health facilities use restraints and seclusion in Illinois?

O'Flaherty Law
3 min readSep 6, 2019

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Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the question: when can illinois mental health facilities use restraints and seclusion in order to prevent recipients from harming themselves or others? We also answer the following:

  • What is the definition of “restraining” in the context of Illinois mental health treatment?
  • What are the rules for mental health facilities’ use of restraints in Illinois?
  • What is the definition of “seclusion” in the context of Illinois mental health treatment?
  • When can an Illinois mental health facility seclude a patient?

For more on the rights of mental health patients, check out our article: Rights of Mental Health Treatment Recipients in Illinois.

What is the definition of “restraining” in the context of Illinois mental health treatment?

“Restraining” refers to restricting a recipient’s ability to move a certain part of the body. This can mean straps, jackets, mitts, being pinned down by another person, etc. Brief physical force in emergency situations to prevent a person from harming another person doesn’t usually count as a restraint.

What is the definition of seclusion in the context of Illinois mental health…

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O'Flaherty Law
O'Flaherty Law

Written by O'Flaherty Law

At O'Flaherty Law we are your community law firm. Our attorneys are committed to providing exceptional client service in a cost-effective manner.

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