The DHS FOID Mental Health Reporting System was authorized by the FOID Act (430 ILCS 65).
LCPCs report under Illinois Department of Human Services.
Who is mandated to report:
A licensed clinical professional counselor with a master's or doctoral degree in counseling or psychology or a similar master's or doctorate program from a regionally accredited institution who has at least 3 years of supervised postmaster's clinical professional counseling experience that includes the provision of mental health services for the evaluation, treatment, and prevention of mental and emotional disorders. [from 405 ILCS 5/1-122]
If a LCPC has only 2 years experience (brand new LCPC) are they mandated? NO
Required to report the following:
"Clear and Present Danger" means a person who:
(1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official. (FOID Act, Sec. 1.1)
You need to use your clinical judgement to determine if they fit this criteria. Note: Nothing in this requires or refers to firearms. This is the law the legislator inserted it in.
You may still need to contact local police.
The Illinois DHS FOID Mental Health Reporting System website provides qualified examiners and facilities with 24-hour and immediate access to report an individual that is receiving mental health treatment or is determined to be a clear and present danger, developmentally disabled or intellectually disabled. DHS is responsible for comparing the data reported against the State Police FOID files to identify possible matches. The ISP is then responsible for investigating and processing the application for the FOID card.
On July 9th 2013, Illinois passed HB 183 (Public Act 098-0063), also known as the Firearm Concealed and Carry Act. The Firearm Concealed and Carry Act expands the reporting requirements for healthcare facilities and physicians, clinical psychologists and qualified examiners to include any person that is: adjudicated mentally disabled person; voluntarily admitted to a psychiatric unit; determined to be a "clear and present danger"; and/or determined to be "developmentally disabled/intellectually disabled".
If you are a healthcare facility or individual physician, clinical psychologist or qualified examiner in Illinois you may have responsibilities for reporting mental health information to the DHS.
If you have any questions or concerns, you may contact us at DHS.FOID@illinois.gov