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Full Text of SB2981  98th General Assembly

SB2981 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2981

 

Introduced 2/4/2014, by Sen. Heather A. Steans

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 301/5-10

    Amends the Alcoholism and Other Drug Abuse and Dependency Act. Makes a technical change in a Section concerning the powers, duties, and functions vested in the Department of Human Services.


LRB098 19691 KTG 54898 b

 

 

A BILL FOR

 

SB2981LRB098 19691 KTG 54898 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Alcoholism and Other Drug Abuse and
5Dependency Act is amended by changing Section 5-10 as follows:
 
6    (20 ILCS 301/5-10)
7    Sec. 5-10. Functions of the Department.
8    (a) In addition to the the powers, duties and functions
9vested in the Department by this Act, or by other laws of this
10State, the Department shall carry out the following activities:
11        (1) Design, coordinate and fund a comprehensive and
12    coordinated community-based and culturally and
13    gender-appropriate array of services throughout the State
14    for the prevention, intervention, treatment and
15    rehabilitation of alcohol and other drug abuse and
16    dependency that is accessible and addresses the needs of
17    at-risk or addicted individuals and their families.
18        (2) Act as the exclusive State agency to accept,
19    receive and expend, pursuant to appropriation, any public
20    or private monies, grants or services, including those
21    received from the federal government or from other State
22    agencies, for the purpose of providing an array of services
23    for the prevention, intervention, treatment and

 

 

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1    rehabilitation of alcoholism or other drug abuse or
2    dependency. Monies received by the Department shall be
3    deposited into appropriate funds as may be created by State
4    law or administrative action.
5        (3) Coordinate a statewide strategy among State
6    agencies for the prevention, intervention, treatment and
7    rehabilitation of alcohol and other drug abuse and
8    dependency. This strategy shall include the development of
9    an annual comprehensive State plan for the provision of an
10    array of services for education, prevention, intervention,
11    treatment, relapse prevention and other services and
12    activities to alleviate alcoholism and other drug abuse and
13    dependency. The plan shall be based on local
14    community-based needs and upon data including, but not
15    limited to, that which defines the prevalence of and costs
16    associated with the abuse of and dependency upon alcohol
17    and other drugs. This comprehensive State plan shall
18    include identification of problems, needs, priorities,
19    services and other pertinent information, including the
20    needs of minorities and other specific populations in the
21    State, and shall describe how the identified problems and
22    needs will be addressed. For purposes of this paragraph,
23    the term "minorities and other specific populations" may
24    include, but shall not be limited to, groups such as women,
25    children, intravenous drug users, persons with AIDS or who
26    are HIV infected, African-Americans, Puerto Ricans,

 

 

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1    Hispanics, Asian Americans, the elderly, persons in the
2    criminal justice system, persons who are clients of
3    services provided by other State agencies, persons with
4    disabilities and such other specific populations as the
5    Department may from time to time identify. In developing
6    the plan, the Department shall seek input from providers,
7    parent groups, associations and interested citizens.
8        Beginning with State fiscal year 1996, the annual
9    comprehensive State plan developed under this Section
10    shall include an explanation of the rationale to be used in
11    ensuring that funding shall be based upon local community
12    needs, including, but not limited to, the incidence and
13    prevalence of, and costs associated with, the abuse of and
14    dependency upon alcohol and other drugs, as well as upon
15    demonstrated program performance.
16        The annual comprehensive State plan developed under
17    this Section shall contain a report detailing the
18    activities of and progress made by the programs for the
19    care and treatment of addicted pregnant women, addicted
20    mothers and their children established under subsection
21    (j) of Section 35-5 of this Act.
22        Each State agency which provides or funds alcohol or
23    drug prevention, intervention and treatment services shall
24    annually prepare an agency plan for providing such
25    services, and these shall be used by the Department in
26    preparing the annual comprehensive statewide plan. Each

 

 

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1    agency's annual plan for alcohol and drug abuse services
2    shall contain a report on the activities and progress of
3    such services in the prior year. The Department may provide
4    technical assistance to other State agencies, as required,
5    in the development of their agency plans.
6        (4) Lead, foster and develop cooperation, coordination
7    and agreements among federal and State governmental
8    agencies and local providers that provide assistance,
9    services, funding or other functions, peripheral or
10    direct, in the prevention, intervention, treatment or
11    rehabilitation of alcoholism and other drug abuse and
12    dependency. This shall include, but shall not be limited
13    to, the following:
14            (A) Cooperate with and assist the Department of
15        Corrections and the Department on Aging in
16        establishing and conducting programs relating to
17        alcoholism and other drug abuse and dependency among
18        those populations which they respectively serve.
19            (B) Cooperate with and assist the Illinois
20        Department of Public Health in the establishment,
21        funding and support of programs and services for the
22        promotion of maternal and child health and the
23        prevention and treatment of infectious diseases,
24        including but not limited to HIV infection, especially
25        with respect to those persons who may abuse drugs by
26        intravenous injection, or may have been sexual

 

 

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1        partners of drug abusers, or may have abused substances
2        so that their immune systems are impaired, causing them
3        to be at high risk.
4            (C) Supply to the Department of Public Health and
5        prenatal care providers a list of all alcohol and other
6        drug abuse service providers for addicted pregnant
7        women in this State.
8            (D) Assist in the placement of child abuse or
9        neglect perpetrators (identified by the Illinois
10        Department of Children and Family Services) who have
11        been determined to be in need of alcohol or other drug
12        abuse services pursuant to Section 8.2 of the Abused
13        and Neglected Child Reporting Act.
14            (E) Cooperate with and assist the Illinois
15        Department of Children and Family Services in carrying
16        out its mandates to:
17                (i) identify alcohol and other drug abuse
18            issues among its clients and their families; and
19                (ii) develop programs and services to deal
20            with such problems.
21        These programs and services may include, but shall not
22        be limited to, programs to prevent the abuse of alcohol
23        or other drugs by DCFS clients and their families,
24        rehabilitation services, identifying child care needs
25        within the array of alcohol and other drug abuse
26        services, and assistance with other issues as

 

 

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1        required.
2            (F) Cooperate with and assist the Illinois
3        Criminal Justice Information Authority with respect to
4        statistical and other information concerning drug
5        abuse incidence and prevalence.
6            (G) Cooperate with and assist the State
7        Superintendent of Education, boards of education,
8        schools, police departments, the Illinois Department
9        of State Police, courts and other public and private
10        agencies and individuals in establishing prevention
11        programs statewide and preparing curriculum materials
12        for use at all levels of education. An agreement shall
13        be entered into with the State Superintendent of
14        Education to assist in the establishment of such
15        programs.
16            (H) Cooperate with and assist the Illinois
17        Department of Healthcare and Family Services in the
18        development and provision of services offered to
19        recipients of public assistance for the treatment and
20        prevention of alcoholism and other drug abuse and
21        dependency.
22            (I) Provide training recommendations to other
23        State agencies funding alcohol or other drug abuse
24        prevention, intervention, treatment or rehabilitation
25        services.
26        (5) From monies appropriated to the Department from the

 

 

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1    Drunk and Drugged Driving Prevention Fund, make grants to
2    reimburse DUI evaluation and remedial education programs
3    licensed by the Department for the costs of providing
4    indigent persons with free or reduced-cost services
5    relating to a charge of driving under the influence of
6    alcohol or other drugs.
7        (6) Promulgate regulations to provide appropriate
8    standards for publicly and privately funded programs as
9    well as for levels of payment to government funded programs
10    which provide an array of services for prevention,
11    intervention, treatment and rehabilitation for alcoholism
12    and other drug abuse or dependency.
13        (7) In consultation with local service providers,
14    specify a uniform statistical methodology for use by
15    agencies, organizations, individuals and the Department
16    for collection and dissemination of statistical
17    information regarding services related to alcoholism and
18    other drug use and abuse. This shall include prevention
19    services delivered, the number of persons treated,
20    frequency of admission and readmission, and duration of
21    treatment.
22        (8) Receive data and assistance from federal, State and
23    local governmental agencies, and obtain copies of
24    identification and arrest data from all federal, State and
25    local law enforcement agencies for use in carrying out the
26    purposes and functions of the Department.

 

 

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1        (9) Designate and license providers to conduct
2    screening, assessment, referral and tracking of clients
3    identified by the criminal justice system as having
4    indications of alcoholism or other drug abuse or dependency
5    and being eligible to make an election for treatment under
6    Section 40-5 of this Act, and assist in the placement of
7    individuals who are under court order to participate in
8    treatment.
9        (10) Designate medical examination and other programs
10    for determining alcoholism and other drug abuse and
11    dependency.
12        (11) Encourage service providers who receive financial
13    assistance in any form from the State to assess and collect
14    fees for services rendered.
15        (12) Make grants with funds appropriated from the Drug
16    Treatment Fund in accordance with Section 7 of the
17    Controlled Substance and Cannabis Nuisance Act, or in
18    accordance with Section 80 of the Methamphetamine Control
19    and Community Protection Act, or in accordance with
20    subsections (h) and (i) of Section 411.2 of the Illinois
21    Controlled Substances Act.
22        (13) Encourage all health and disability insurance
23    programs to include alcoholism and other drug abuse and
24    dependency as a covered illness.
25        (14) Make such agreements, grants-in-aid and
26    purchase-care arrangements with any other department,

 

 

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1    authority or commission of this State, or any other state
2    or the federal government or with any public or private
3    agency, including the disbursement of funds and furnishing
4    of staff, to effectuate the purposes of this Act.
5        (15) Conduct a public information campaign to inform
6    the State's Hispanic residents regarding the prevention
7    and treatment of alcoholism.
8    (b) In addition to the powers, duties and functions vested
9in it by this Act, or by other laws of this State, the
10Department may undertake, but shall not be limited to, the
11following activities:
12        (1) Require all programs funded by the Department to
13    include an education component to inform participants
14    regarding the causes and means of transmission and methods
15    of reducing the risk of acquiring or transmitting HIV
16    infection, and to include funding for such education
17    component in its support of the program.
18        (2) Review all State agency applications for federal
19    funds which include provisions relating to the prevention,
20    early intervention and treatment of alcoholism and other
21    drug abuse and dependency in order to ensure consistency
22    with the comprehensive statewide plan developed pursuant
23    to this Act.
24        (3) Prepare, publish, evaluate, disseminate and serve
25    as a central repository for educational materials dealing
26    with the nature and effects of alcoholism and other drug

 

 

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1    abuse and dependency. Such materials may deal with the
2    educational needs of the citizens of Illinois, and may
3    include at least pamphlets which describe the causes and
4    effects of fetal alcohol syndrome, which the Department may
5    distribute free of charge to each county clerk in
6    sufficient quantities that the county clerk may provide a
7    pamphlet to the recipients of all marriage licenses issued
8    in the county.
9        (4) Develop and coordinate, with regional and local
10    agencies, education and training programs for persons
11    engaged in providing the array of services for persons
12    having alcoholism or other drug abuse and dependency
13    problems, which programs may include specific HIV
14    education and training for program personnel.
15        (5) Cooperate with and assist in the development of
16    education, prevention and treatment programs for employees
17    of State and local governments and businesses in the State.
18        (6) Utilize the support and assistance of interested
19    persons in the community, including recovering addicts and
20    alcoholics, to assist individuals and communities in
21    understanding the dynamics of addiction, and to encourage
22    individuals with alcohol or other drug abuse or dependency
23    problems to voluntarily undergo treatment.
24        (7) Promote, conduct, assist or sponsor basic
25    clinical, epidemiological and statistical research into
26    alcoholism and other drug abuse and dependency, and

 

 

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1    research into the prevention of those problems either
2    solely or in conjunction with any public or private agency.
3        (8) Cooperate with public and private agencies,
4    organizations and individuals in the development of
5    programs, and to provide technical assistance and
6    consultation services for this purpose.
7        (9) Publish or provide for the publishing of a manual
8    to assist medical and social service providers in
9    identifying alcoholism and other drug abuse and dependency
10    and coordinating the multidisciplinary delivery of
11    services to addicted pregnant women, addicted mothers and
12    their children. The manual may be used only to provide
13    information and may not be used by the Department to
14    establish practice standards. The Department may not
15    require recipients to use specific providers nor may they
16    require providers to refer recipients to specific
17    providers. The manual may include, but need not be limited
18    to, the following:
19            (A) Information concerning risk assessments of
20        women seeking prenatal, natal, and postnatal medical
21        care.
22            (B) Information concerning risk assessments of
23        infants who may be substance-affected.
24            (C) Protocols that have been adopted by the
25        Illinois Department of Children and Family Services
26        for the reporting and investigation of allegations of

 

 

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1        child abuse or neglect under the Abused and Neglected
2        Child Reporting Act.
3            (D) Summary of procedures utilized in juvenile
4        court in cases of children alleged or found to be
5        abused or neglected as a result of being born to
6        addicted women.
7            (E) Information concerning referral of addicted
8        pregnant women, addicted mothers and their children by
9        medical, social service, and substance abuse treatment
10        providers, by the Departments of Children and Family
11        Services, Public Aid, Public Health, and Human
12        Services.
13            (F) Effects of substance abuse on infants and
14        guidelines on the symptoms, care, and comfort of
15        drug-withdrawing infants.
16            (G) Responsibilities of the Illinois Department of
17        Public Health to maintain statistics on the number of
18        children in Illinois addicted at birth.
19        (10) To the extent permitted by federal law or
20    regulation, establish and maintain a clearinghouse and
21    central repository for the development and maintenance of a
22    centralized data collection and dissemination system and a
23    management information system for all alcoholism and other
24    drug abuse prevention, early intervention and treatment
25    services.
26        (11) Fund, promote or assist programs, services,

 

 

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1    demonstrations or research dealing with addictive or
2    habituating behaviors detrimental to the health of
3    Illinois citizens.
4        (12) With monies appropriated from the Group Home Loan
5    Revolving Fund, make loans, directly or through
6    subcontract, to assist in underwriting the costs of housing
7    in which individuals recovering from alcohol or other drug
8    abuse or dependency may reside in groups of not less than 6
9    persons, pursuant to Section 50-40 of this Act.
10        (13) Promulgate such regulations as may be necessary
11    for the administration of grants or to otherwise carry out
12    the purposes and enforce the provisions of this Act.
13        (14) Fund programs to help parents be effective in
14    preventing substance abuse by building an awareness of
15    drugs and alcohol and the family's role in preventing abuse
16    through adjusting expectations, developing new skills, and
17    setting positive family goals. The programs shall include,
18    but not be limited to, the following subjects: healthy
19    family communication; establishing rules and limits; how
20    to reduce family conflict; how to build self-esteem,
21    competency, and responsibility in children; how to improve
22    motivation and achievement; effective discipline; problem
23    solving techniques; and how to talk about drugs and
24    alcohol. The programs shall be open to all parents.
25(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)