SB2254 Engrossed

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    AN ACT concerning State government.

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

 
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    Section 5. The Mental Health and Developmental 
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Disabilities Administrative Act is amended  by adding Section 
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15f as follows:
 
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    (20 ILCS 1705/15f new)

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    Sec. 15f. Individualized behavioral support plan.
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    (a) As used in this Section:
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    "Behavioral challenges" means episodes of significant 
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property destruction, self-injurious behavior, assaultive 
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behavior, or any other behavior that prevents a person from 
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successful participation in a Home and Community Based Services 
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Waiver for Persons with Developmental Disabilities, as 
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determined by the community support team.

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    "Home and Community Based Services Waiver for Persons with 
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Developmental Disabilities" means a program that is funded 
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through that waiver and administered by the Department of Human 
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Services' Division of Developmental Disabilities. These 
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programs include Community Integrated Living Arrangements, 
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Community Living Facilities of 16 or fewer individuals, 
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home-based support services, day programs, and therapies. The 
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term also includes newly developed programs and settings that 
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are funded through the Home and Community Based Services Waiver 
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Program for Persons with Developmental Disabilities.

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    (b) Each individual participating in a Home and Community 
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Based Services Waiver for Persons with Developmental 
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Disabilities, regardless of whether the individual is eligible 
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for federal financial participation for these services, who 
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exhibits behavioral challenges shall have an individualized 
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behavioral support plan. Each individualized support plan 
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shall: (i) be designed to meet individual needs; (ii) be in the 
 


 






SB2254 Engrossed
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LRB094 17063 BDD 52345 b




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immediate and long-term best interests of the individual; (iii) 
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be non-aversive; (iv) teach the individual new skills; (v) 
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provide alternatives to behavioral challenges; (vi) offer 
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opportunities for choice and social integration; and (vii) 
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allow for environmental modifications. The plan must be based 
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on a functional behavioral assessment conducted by a 
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professional trained in its use. The plan shall be implemented 
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by staff who have been trained in and are qualified to 
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effectively apply positive non-aversive intervention. All 
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behavioral supports required by the plan shall be applied in a 
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humane and caring manner that respects the dignity of the 
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individual and shall be implemented in a positive and socially 
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supportive environment, including the home.
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    Interventions must not: (1) include electric shock; (2) 
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withhold essential food and drink; (3) cause physical or 
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psychological pain; (4) use drugs as restraints; or (5) produce 
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humiliation or discomfort.

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    Nothing in this subsection shall preclude, for therapeutic 
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purposes, variant scheduling of food or drink or the 
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application of safe and appropriate time-out procedures.
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    (c) The Department of Human Services shall be responsible 
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for developing and promulgating rules to implement the 
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provisions of this Section and to carry out the intent of this 
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Section.

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    (d) To the extent this Section conflicts with Article I of 
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Chapter II of the  Mental Health and Developmental Disabilities 
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Code, that Article  controls.

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