HB4306 93RD GENERAL ASSEMBLY

LRB093 20427 RAS 46209 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4306

Introduced 02/02/04, by James H. Meyer

SYNOPSIS AS INTRODUCED:

20 ILCS 505/5.25 new

Amends the Children and Family Services Act. Provides that every child placed under the Act shall be evaluated for the purpose of mental illness diagnosis. Provides that every child with a diagnosis of mental illness shall receive the necessary mental health services. Provides that no later than January 1, 2005, the Department of Children and Family Services shall file a proposal addressing the implementation of mental health services. Provides that the Department shall provide or arrange for the training of staff responsible for the oversight of childcare agencies or facilities. Requires that the child be placed in or near the community in which the child resided prior to the placement or in the community in which the child's family or nearest next of kin presently reside. Provides that prior to any placement, a determination shall be made as to the capability and suitability of the program, facility, or home to adequately meet the needs of the child being placed and to ensure that an appropriate training plan for staff is provided. Provides that all children must be visited by trained personnel at least once during the first month following placement and once every month thereafter. Provides that upon a complaint or a discovery of abuse, neglect, improper care, or inadequate care, the Department shall immediately investigate and remove the child. Provides for the independent expert evaluation of every child with a primary or secondary diagnosis of mental illness residing in every program, facility, or home licensed under the Child Care Act or receiving State funds for certain services. Provides that the Department shall prepare an assessment of each mental health community service network and complete all required individual and network assessments by January 1, 2006. Effective immediately.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children and Family Services Act is amended by adding Section 5.25 as follows:

(20 ILCS 505/5.25 new)

Section 5.25. Mental health services.

(a) Every child placed under this Act shall be evaluated for the purpose of mental illness diagnosis. Every child placed under this Act with a diagnosis of mental illness shall receive necessary mental health services, including but not limited to medical management, individual and group therapy, psychosocial rehabilitation, vocational services, and hospitalization. Services shall be appropriate to meet the needs of the individual child; may be provided by a program, a facility, a home, or an outside mental health services provider; and may be provided to the child at the site of the program, facility, or home or at an otherwise appropriate location. A program, facility, or home shall assist in arranging for a child to receive mental health services from an outside provider when those services are necessary in meeting the child's needs and the child wishes to receive them.

(b) As used in this Section, "mental illness" means a mental or emotional disorder verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised (or any subsequent edition), or International Classification of Diseases, Ninth Revision, Clinical Modification (or any subsequent revision) that substantially impairs the individual's cognitive, emotional, or behavioral functioning; excluding (i) V codes, (ii) organic disorders such as dementia and those associated with known or unknown physical conditions such as hallucinosis, amnestic disorder, and delirium, (iii) psychoactive substance induced organic disorders, (iv) mental retardation, and (v) psychoactive substance use disorder. Not excluded, however, is a dual diagnosis of mental illness and mental retardation or of mental illness and psychoactive substance use disorder.

(c) No later than January 1, 2005, in cooperation with the Illinois Department of Human Services, the Department of Children and Family Services shall file a proposed rule or a proposed amendment to an existing rule regarding the provision of mental health services to children who have a serious mental illness. The proposal shall address, but is not limited to, the implementation of the following: assessment, care planning, treatment, and discharge planning for those who are under the supervision or admitted to a child welfare agency, secure child care facility, foster family home, group home, or child care institution licensed or funded by the Department.

(d) The Department shall provide or arrange for the training of staff responsible for the oversight of childcare agencies or facilities in the following areas: (i) assessment, (ii) care planning, and (iii) care of children with mental illness. The training shall enable these staff surveyors to determine whether an agency, program, facility, or home is complying with State and federal requirements concerning the assessment, care planning, and care of those children.

(e) The program, facility, or home in which a child is placed under this Act shall, to the extent that resources permit, be located in or near the community in which the child resided prior to the placement, or in the community in which the child's family or nearest next of kin presently reside. Placement of the child in programs, facilities, or homes located outside of this State shall not be made by the Department unless there are no appropriate programs, facilities, or homes available within this State. Out-of-state placements shall be subject to the return of the children so placed upon the availability of programs, facilities, or homes within this State, except when placement in a contiguous state results in locating a child in a program, facility, or home closer to the child's home or family. If an appropriate program, facility, or home equidistant or closer to the child's home or family becomes available, the child shall be returned to and placed at the appropriate program, facility, or home within this State.

(f) Prior to any placement by the Department under this Act, a determination shall be made by personnel of the Department as to the capability and suitability of the program, facility, or home to adequately meet the needs of the child being placed. When specialized programs are necessary, the Department shall place the children so that specialized care can be provided in accordance with Department standards, which may include a restricted admission policy, special staffing, and programming for social and vocational rehabilitation, in addition to licensing requirements. The Department shall not place any children in a program, facility, or home the license of which has been revoked or not renewed on the grounds of inadequate programming, staffing, or medical or adjunctive services, regardless of the pendency of an action for administrative review regarding the revocation or failure to renew.

(g) Prior to placement of any child under this Act, the Department shall ensure that an appropriate training plan for staff is provided by the program, facility, or home in which the child is to be placed. The training may include instruction and demonstrations by Department personnel qualified in the area of mental illness, as applicable to the child being placed. The training shall be on a continual basis as the needs of the program, facility, home, and children change.

The Department shall not place any child into a program, facility, or home that does not have appropriately trained staff in numbers sufficient to accommodate the children in the program, facility, or home. As a condition of further or future placements of children, the Department may require the employment of additional trained staff members at the program, facility, or home where the children are to be placed. The Director, or his or her designate, shall establish written guidelines for placement of persons in programs, facilities, and homes under this Section. The Department shall keep written records detailing which programs, facilities, or homes have been determined to have appropriately trained staff or have been determined not to have appropriately trained staff, and all training that the Department has provided or required under this Section.

(h) The Department shall cause all children who are placed under this Act to be visited at least once during the first month following placement and once every month thereafter. Visits shall be made by personnel qualified and trained in the area of mental health or developmental disabilities applicable to the child visited, and shall be made on a more frequent basis when indicated. The Department may not use any personnel connected with or responsible to the representatives of any program, facility, or home in which children have been placed under this Act. In the course of the visits consideration shall be given to areas including, but not limited to (i) the physical and mental health of the person, (ii) the sufficiency of care required by the person, (iii) the sufficiency of staff personnel, (iv) the ability of staff personnel to provide care for the child, (v) the availability of educational, social, recreational, and programmatic activities, and (vi) other appropriate aspects of the child's environment. A report containing these observations shall be made to the Department and to any other appropriate agency after each visitation. The report shall contain a detailed assessment of whether the child is receiving adequate and humane care and services in the least restrictive environment. If the child is not receiving those services, the Department shall require that the program, facility, or home either modify the treatment plan to ensure that those services are provided or make arrangements necessary to provide those services elsewhere.

(i) Upon the complaint of any child placed in accordance with this Act or any responsible citizen, or upon discovery that the child has been abused, neglected, or improperly cared for or that the placement does not provide the type of care required by the child's current condition, the Department shall immediately investigate and determine if the well-being, health, care, or safety of the child is affected. If abuse, neglect, improper care, or inadequate care is verified, the Department shall immediately remove the child to another program, facility, or home if the child's needs can be met at the new program, facility, or home.

(j) The Department shall arrange for the independent expert evaluation of every child with a primary or secondary diagnosis of mental illness residing in every program, facility, or home licensed under the Child Care Act or receiving State funds for services provided to children under this Act. The evaluation shall describe, at a minimum, each individual's current mental health status, rehabilitation potential, treatment needs, and the extent that the current placement is meeting those needs. The evaluation shall include a recommendation about the most appropriate treatment setting for the individual. The assessment of treatment needs and rehabilitation potential shall be made without regard for the current availability of the services an individual may need. Evaluations shall be performed by qualified mental health professionals. The Department may use existing pre-admission screening agencies and pre-admission agents to perform the evaluations.

(k) The Department shall also prepare an assessment of each mental health community service network in the State. This assessment shall evaluate the resources needed in each network to provide appropriate mental health services for all children within the network's service area who have mental illness. The assessments shall include, at a minimum, an analysis of the current availability and needs in each of the following areas: (i) mental health treatment, (ii) qualified mental health professionals, (iii) case managers, (iv) programs for psychosocial rehabilitation, (v) housing and supportive services, (vi) vocational assistance, and (vii) programs for substance abuse.

By January 1, 2006, the Department shall complete all required individual and network assessments and shall submit a written report to the Governor and the General Assembly that describes the results of the assessment and contains a specific plan to address the identified needs for mental health services.

(l) The Department shall adopt rules governing the purchase of care for children who are wards of or who are receiving services from the Department. The rules shall apply to all moneys expended by any agency of the State for services rendered by any person, corporate entity, agency, governmental agency, or political subdivision, whether public or private, outside of the Department, whether payment is made through a contractual, per-diem, or other arrangement. No funds shall be paid to any person, corporation, agency, governmental entity, or political subdivision without compliance with these rules. The rules governing the purchase of care shall describe the categories and types of services deemed appropriate for purchase by the Department and the accounting standards that provide assurances that those services have been provided.

Section 99. Effective date. This Act takes effect upon becoming law.