Public Act 102-0899
 
SB3889 EnrolledLRB102 24255 RJT 33486 b


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


 
    Section 5. The Children's Mental Health Act of 2003 is 
amended  by changing Sections 1  and 5 as follows:
 



    (405 ILCS 49/1)



    Sec. 1. Short title. This Act may be cited as the 
Children's Mental
Health
Act of 2003.

(Source: P.A. 93-495, eff. 8-8-03.)

 


    (405 ILCS 49/5)


    Sec. 5. Children's Mental Health Partnership; Children's 
Mental Health Plan. 

    (a) The Children's Mental Health Partnership (hereafter 
referred to as "the Partnership") created under Public Act 
93-495 and continued under this amendatory Act of the 102nd 
General Assembly shall advise State agencies on designing and 
implementing short-term and long-term strategies to provide 
comprehensive and coordinated services for children from birth 
to age 25 and their families with the goal of addressing 
children's mental health needs across a full continuum of 
care, including social determinants of health, prevention, 
early identification, and treatment.  The recommended 
strategies shall build upon the recommendations in the 
Children's Mental Health Plan of 2022 and may include, but are 
not limited to, recommendations regarding the following: The 
State of Illinois shall develop a Children's Mental Health 
Plan
containing short-term and long-term recommendations to 
provide
comprehensive, coordinated mental
health prevention, 
early intervention, and treatment services for children from

birth through age 18. This Plan
shall include but not be 
limited to:


        (1) Increasing public awareness on issues connected to 
    children's mental health and wellness to decrease stigma, 
    promote acceptance, and strengthen the ability of 
    children, families, and communities to access supports. 
    Coordinated provider services and interagency referral 
    networks for
children from birth through age 18 to 
    maximize resources and
minimize duplication of services.


        (2) Coordination of programs, services, and policies 
    across child-serving State agencies to best monitor and 
    assess spending, as well as foster innovation of adaptive 
    or new practices. Guidelines for incorporating social and 
    emotional development into
school learning standards and 
    educational programs, pursuant to
Section 15 of this Act.


        (3) Funding and resources for children's mental health 
    prevention, early identification, and treatment across 
    child-serving State agencies. Protocols for implementing 
    screening and assessment of children prior
to any 
    admission to an inpatient hospital for psychiatric 
    services,
pursuant to subsection (a) of Section 5-5.23 of 
    the Illinois Public Aid
Code.


        (4) Facilitation of research on best practices and 
    model programs and dissemination of this information to 
    State policymakers, practitioners, and the general public. 
    Recommendations regarding a State budget for children's 
    mental
health prevention, early intervention, and 
    treatment across all State
agencies.


        (5) Monitoring programs, services, and policies 
    addressing children's mental health and wellness. 
    Recommendations for State and local mechanisms for 
    integrating
federal, State, and local
funding sources for 
    children's mental health.


        (6) Growing, retaining, diversifying, and supporting 
    the child-serving workforce, with special emphasis on 
    professional development around child and family mental 
    health and wellness services. Recommendations for building 
    a qualified and adequately trained
workforce prepared to 
    provide mental health services for children
from birth 
    through age 18 and their families.


        (7) Supporting the design, implementation, and 
    evaluation of a quality-driven children's mental health 
    system of care across all child services that prevents 
    mental health concerns and mitigates trauma. 
    Recommendations for facilitating research on best 
    practices and
model programs, and dissemination of this 
    information to Illinois
policymakers, practitioners, and 
    the general public through training,
technical assistance, 
    and educational materials.


        (8) Improving the system to more effectively meet the 
    emergency and residential placement needs for all children 
    with severe mental and behavioral challenges. 
    Recommendations for a comprehensive, multi-faceted public

    awareness campaign to reduce the stigma of mental illness 
    and
educate families, the general public, and other key 
    audiences about the
benefits of children's social and 
    emotional development, and how to
access services.


        (9) Recommendations for creating a quality-driven 
    children's mental
health system with shared accountability 
    among key State agencies
and programs that conducts 
    ongoing needs assessments, uses outcome
indicators and 
    benchmarks to measure progress, and implements
quality 
    data tracking and reporting systems.
        (10) Recommendations for ensuring all Illinois youth 
    receive mental health education and have access to mental 
    health care in the school setting. In developing these 
    recommendations, the Children's Mental Health Partnership 
    created under subsection (b) shall consult with the State 
    Board of Education, education practitioners, including, 
    but not limited to, administrators, regional 
    superintendents of schools,
teachers, and school support 
    personnel, health care

professionals, including mental 
    health professionals and child health leaders, disability 
    advocates, and other representatives as necessary to 
    ensure the interests of all students are represented. 

    (b) The Children's Mental Health Partnership (hereafter 
referred to as "the
Partnership") is created. The Partnership 
shall have the responsibility of
developing and updating the 
Children's Mental Health Plan and advising the relevant State 
agencies on implementation of the Plan.  The Children's Mental 
Health Partnership shall be comprised of the following 
members:
        (1) The Governor or his or her designee. 
        (2) The Attorney General or his or her designee. 
        (3) The Secretary of the Department of Human Services 
    or his or her designee. 
        (4) The State Superintendent of Education or his or 
    her designee. 
        (5) The Director of the Department of Children and 
    Family Services or his or her designee. 
        (6) The Director of the Department of Healthcare and 
    Family Services or his or her designee. 
        (7) The Director of the Department of Public Health or 
    his or her designee. 
        (8) The Director of the Department of Juvenile Justice 
    or his or her designee. 
        (9) The Executive Director of the Governor's Office of 
    Early Childhood Development or his or her designee. 
        (10) The Director of the Criminal Justice Information 
    Authority or his or her designee. 
        (11) One member of the General Assembly appointed by 
    the Speaker of the House. 
        (12) One member of the General Assembly appointed by 
    the President of the Senate. 
        (13) One member of the General Assembly appointed by 
    the Minority Leader of the Senate. 
        (14) One member of the General Assembly appointed by 
    the Minority Leader of the House. 
        (15) Up to 25 representatives from the public 
    reflecting a diversity of age, gender identity, race, 
    ethnicity, socioeconomic status, and geographic location, 
    to be appointed by the Governor. Those public members 
    appointed under this paragraph must include, but are not 
    limited to: 
            (A) a family member or individual with lived 
        experience in the children's mental health system; 
            (B) a child advocate; 
            (C) a community mental health expert, 
        practitioner, or provider; 
            (D) a representative of a statewide association 
        representing a majority of hospitals in the State; 
            (E) an early childhood expert or practitioner; 
            (F) a representative from the K-12 school system; 
            (G) a representative from the healthcare sector; 
            (H) a substance use prevention expert or 
        practitioner, or a representative of a statewide 
        association representing community-based mental health 
        substance use disorder treatment providers in the 
        State; 
            (I) a violence prevention expert or practitioner; 
            (J) a representative from the juvenile justice 
        system; 
            (K) a school social worker; and 
            (L) a representative of a statewide organization 
        representing pediatricians.
        (16) Two co-chairs appointed by the Governor, one 
    being a representative from the public and one being a 
    representative from the State. 
    The members appointed by the Governor shall be appointed 
for 4 years with one opportunity for reappointment, except as 
otherwise provided for in this subsection. Members who were 
appointed by the Governor and are serving on the effective 
date of this amendatory Act of the 102nd General Assembly 
shall maintain their appointment until the term of their 
appointment has expired. For new appointments made pursuant to 
this amendatory Act of the 102nd General Assembly, members 
shall be appointed for one-year, two-year, or four-year terms, 
as determined by the Governor, with no more than 9 of the 
Governor's new or existing appointees serving the same term. 
Those new appointments serving a one-year or 2-year term may 
be appointed to 2 additional 4-year terms. If a vacancy occurs 
in the Partnership membership, the vacancy shall be filled in 
the same manner as the original appointment for the remainder 
of the term. 
    The Partnership shall be convened no later than January 
31, 2023 to discuss the changes in this amendatory Act of the 
102nd General Assembly. 
    The members of the Partnership shall serve without 
compensation but may be entitled to reimbursement for all 
necessary expenses incurred in the performance of their 
official duties as members of the Partnership from funds 
appropriated for that purpose. 
    The Partnership may convene and appoint special committees 
or study groups to operate under the direction of the 
Partnership.  Persons appointed to such special committees or 
study groups shall only receive reimbursement for reasonable 
expenses.  
monitoring the implementation of the Children's Mental
Health 
Plan as approved by the Governor. The Children's Mental Health

Partnership shall be comprised of: the Secretary of Human 
Services or his or
her designee; the State Superintendent of 
Education or his or her
designee; the directors of the 
departments of Children and Family
Services, Healthcare and 
Family Services, Public Health, and Juvenile Justice, or their

designees;
the head of the Illinois Violence Prevention 
Authority, or his or her
designee; the Attorney General or his 
or her designee; up to 25
representatives of community mental 
health authorities and statewide mental
health, children and 
family advocacy,
early childhood, education, health, substance 
abuse, violence prevention,
and juvenile justice organizations 
or associations, to be appointed by the
Governor; and 2 
members of each caucus of the House of
Representatives and 
Senate appointed by the Speaker of the House of

Representatives and the President of the Senate, respectively. 
The
Governor shall appoint the Partnership Chair and shall 
designate a
Governor's staff liaison to work with the 
Partnership.

    (c) (Blank). The Partnership shall submit a Preliminary 
Plan to the Governor on
September 30, 2004 and shall submit the 
Final Plan on June 30, 2005.
Thereafter, on September 30 of 
each year, the Partnership shall submit an
annual report to 
the Governor on the progress of Plan implementation
and 
recommendations for revisions in the Plan.
The Final Plan and 
annual reports submitted in subsequent years shall include

estimates of savings achieved in prior fiscal years under 
subsection (a) of
Section
5-5.23 of the Illinois Public Aid 
Code and federal financial participation
received under 
subsection (b) of
Section 5-5.23 of that Code.  The Department 
of Healthcare and Family Services shall provide
technical 
assistance in developing these estimates and reports.

    (d) The Illinois Children's Mental Health Partnership has 
the following powers and duties: 
        (1) Conducting research assessments to determine the 
    needs and gaps of programs, services, and policies that 
    touch children's mental health. 
        (2) Developing policy statements for interagency 
    cooperation to cover all aspects of mental health 
    delivery, including social determinants of health, 
    prevention, early identification, and treatment. 
        (3) Recommending policies and provide information on 
    effective programs for delivery of mental health services. 
        (4) Using funding from federal, state, or 
    philanthropic partners, to fund pilot programs or research 
    activities to resource innovative practices by 
    organizational partners that will address children's 
    mental health.  However, the Partnership may not provide 
    direct services. 
        (5) Submitting an annual report, on or before December 
    30 of each year, to the Governor and the General Assembly 
    on the progress of the Plan, any recommendations regarding 
    State policies, laws, or rules necessary to fulfill the 
    purposes of the Act, and any additional recommendations 
    regarding mental or behavioral health that the Partnership 
    deems necessary. 
        (6) Employing an Executive Director and setting the 
    compensation of the Executive Director and other such 
    employees and technical assistance as it deems necessary 
    to carry out its duties under this Section. 
    The Partnership may designate a fiscal and administrative 
agent that can accept funds to carry out its duties as outlined 
in this Section. 
    The Department of Healthcare and Family Services shall 
provide technical and administrative support for the 
Partnership. 
    (e) The Partnership may accept monetary gifts or grants 
from the federal government or any agency thereof, from any 
charitable foundation or professional association, or from any 
reputable source for implementation of any program necessary 
or desirable to carry out the powers and duties as defined 
under this Section. 
    (f) On or before January 1, 2027, the Partnership shall 
submit recommendations to the Governor and General Assembly 
that includes recommended updates to the Act to reflect the 
current mental health landscape in this State. 
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)


 

    Section 99. Effective date. This Act takes effect January 
1, 2023.