Public Act 102-0109
 
HB0055 EnrolledLRB102 02659 LNS 12662 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Probate Act of 1975 is amended  by changing 
Sections 11a-1 and 11a-9 as follows:
 



    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)



    Sec. 11a-1. "Developmental disability", "intellectual 
disability", and "related condition" defined. Developmental 
disability defined.)  
     "Developmental disability" means a disability that is 
attributable to an intellectual disability or a related 
condition. 
    "Intellectual disability" means significantly subaverage 
general intellectual functioning existing concurrently with 
deficits in adaptive behavior and manifested before the age of 
22 years. 
    "Related condition" means a condition that:
        (1) is attributable to cerebral palsy, epilepsy, or 
    any other condition, other than mental illness, found to 
    be closely related to an intellectual disability because 
    that condition results in impairment of general 
    intellectual functioning or adaptive behavior similar to 
    that of individuals with an intellectual disability, and 
    requires treatment or services similar to those required 
    for those individuals. For purposes of this Act, autism is 
    considered a related condition;
        (2) is manifested before the individual reaches age 
    22;
        (3) is likely to continue indefinitely; and
        (4) results in substantial functional limitation in 3 
    or more of the following areas of major life activity: 
    self-care, language, learning, mobility, self-direction, 
    and capacity for independent living. "Developmental 
    disability"
means a disability which is attributable to: 
    (a) an intellectual disability, cerebral
palsy, epilepsy 
    or autism; or to (b) any other condition which results in

    impairment similar to that caused by an intellectual 
    disability and which requires
services similar to those 
    required by persons with intellectual disabilities.  Such 
    disability
must originate before the age of 18 years, be 
    expected to continue indefinitely,
and constitute a 
    substantial disability.

(Source: P.A. 99-143, eff. 7-27-15.)

 


    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)




    Sec. 11a-9. Report.)
    (a) The petition for adjudication of disability
and for 
appointment of a guardian
should be accompanied by a report 
which contains (1) a description of
the nature and type of the 
respondent's disability and an assessment of how
the 
disability impacts on the ability of the respondent to make 
decisions or
to function independently; (2) an analysis and 
results of evaluations of
the respondent's mental and physical 
condition and, where
appropriate,  educational condition, 
adaptive behavior and social skills,
which have been performed 
within 3 months of the date of the filing of the
petition, or, 
in the case of an intellectual disability, a psychological 
evaluation of the respondent that has been performed by a 
clinical psychologist licensed under the Clinical Psychologist 
Licensing Act, within one year of the date of the filing of the 
petition; (3) an opinion as to whether guardianship is
needed, 
the type and scope of the guardianship needed, and the reasons

therefor; (4) a recommendation as to the most suitable living 
arrangement
and, where appropriate, treatment or habilitation 
plan for the respondent
and the reasons therefor; (5) the 
name, business address, business telephone number, and 
signatures of all persons who performed
the evaluations upon 
which the report is based, one of whom shall be
a licensed 
physician, or may, in the case of an intellectual disability, 
be a clinical psychologist licensed under the Clinical 
Psychologist Licensing Act, and a statement of the 
certification, license, or other
credentials that qualify the 
evaluators who prepared the report.

    (b) If for any reason no report accompanies the petition, 
the court
shall order appropriate evaluations to be performed 
by a qualified
person or persons and a report prepared and 
filed with the court at least
10 days prior to the hearing.

    (b-5) Upon oral or written motion by the respondent or the 
guardian ad
litem or upon the court's own motion, the court 
shall appoint one or more
independent experts to examine the 
respondent.  Upon the filing with the
court of a verified 
statement of services rendered by the expert or
experts, the 
court shall determine a reasonable fee for the services

performed.  If the respondent is unable to pay the fee, the 
court may
enter an order upon the petitioner to pay the entire 
fee or such
amount as
the respondent is unable to pay.
However, 
in cases where the Office of State Guardian is the petitioner,

consistent with Section 30 of the Guardianship and Advocacy 
Act, no expert
services fees shall be assessed against the 
Office of the State Guardian.
    (c) Unless the court otherwise directs, any report 
prepared pursuant
to this Section shall not be made
part of the 
public record of the proceedings but shall be available to
the 
court or an appellate court in which the proceedings are 
subject to
review, to the respondent, the petitioner, the 
guardian, and their
attorneys, to the
respondent's guardian ad 
litem, and to such other persons as the court
may direct.

(Source: P.A. 98-1094, eff. 1-1-15.)