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SENATE JOINT RESOLUTION NO. 30
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(As Amended by Senate Amendment No. 3)


 


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    WHEREAS, The United States Supreme Court in Olmstead v. 
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L.C. Ex Rel. Zimring, 119 S. Ct. 2176 (1999), held that the 
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unjustifiable institutionalization of a person with a 
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disability who could live in the community with appropriate 
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supports and services, and wishes to do so, is unlawful 
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discrimination in violation of the Americans with Disabilities 
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Act (ADA); and
 
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    WHEREAS, Many individuals with developmental disabilities 
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in Illinois who desire home- or community-based residential 
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services are unable to obtain them due to the lack of funding

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for such options; and

 
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    WHEREAS, As a result of insufficient home- and 
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community-based service options for individuals with 
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developmental disabilities in Illinois, many individuals and 
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their families must choose between living with their parents or 
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other family members without the supports and services they 
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need, or living in an Intermediate Care Facility, or an 
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Intermediate Care Facility/DD 15 and under, or a State-operated 
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developmental center, even if they could live successfully in a 
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less restrictive setting with appropriate supports and 
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services; and
 
 


 






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    WHEREAS, There are now over 16,000 individuals with 
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developmental disabilities in Illinois with documented crisis, 
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emerging crisis, or future service needs who are on the 
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Department of Human Services' Priority of Urgency of Need of 
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Services (PUNS) waiting list database for services and

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supports, and the need is probably greater because this number 
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only represents those individuals who have actually signed up 
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for the PUNS waiting list database; and

 
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    WHEREAS, Almost 10 years after the Olmstead decision, a 
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report titled "The State of the States in Disabilities 2008" by 
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the Department of Psychiatry and Coleman Institute for 
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Cognitive Disabilities of the University of Colorado ranks the 
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State of Illinois 40th nationally in fiscal effort for services 
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for individuals with developmental disabilities, including all 
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programs - home based, group home, and congregate care; 43rd in 
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State fiscal effort for community services; 47th in home- and 
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community-based waiver spending per capita; and 51st in serving 
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people with developmental disabilities in environments of 6 or 
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less; and
 
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    WHEREAS, Other studies, including but not limited to, 
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"State Funding of Community Agencies for Services to Illinois 
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Residents with Mental Illness and/or Developmental 
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Disabilities: Final Report to the Illinois General Assembly", 
 


 






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"The Report of the Community Integrated Living Arrangement 
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Nursing Services Work Group", and "The Illinois Direct Support 
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Professional Workforce Initiative" address the issues with the 
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Illinois system; and
 
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    WHEREAS, "The Blueprint for System Redesign in Illinois" 
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reviewed the findings of these studies as well as the results 
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of a gaps analysis and created a framework for restructuring 
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the current service system for people with developmental 
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disabilities and their families; and
 
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    WHEREAS, These studies and numerous legislative measures 
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and lawsuits over the last decade have attempted to address the 
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shortcomings of Illinois' fragmented and inadequate system of

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services and supports to individuals with developmental 
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disabilities; and

 
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    WHEREAS, In order to meet the urgent need for quality home- 
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and community-based services in Illinois, major systemic 
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fiscal and policy changes are necessary and must be a real 
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priority for the State; and
 
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    WHEREAS, The workers who provide direct support in the 
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community to individuals with developmental disabilities 
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should be paid fair and adequate wages; and
 
 


 






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    WHEREAS, Until the State breaks the cycle of underfunding 
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and lack of significant growth of home- and community-based 
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services and supports for people with developmental 
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disabilities and their families which perpetuates short-term 
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measures to address crises in the system and which, in the long 
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term, has maintained and fostered the competition among many 
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for scarce public resources, the community-based system will 
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continue to be fragmented and inadequately funded; therefore, 
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be it
 
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    RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL 
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ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 
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CONCURRING HEREIN, that the Department of Human Services, 
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Division of Developmental Disabilities, shall develop a 7-year 
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Plan with yearly benchmarks to enhance and expand access to 
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quality community services and supports as informed by the 
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"Blueprint for System Redesign" (January 2008), "State Funding 
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of Community Agencies for Services to Illinois Residents with 
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Mental Illness and/or Developmental Disabilities: Final Report 
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to the Illinois General Assembly", "The Report of the Community 
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Integrated Living Arrangement Nursing Services Work Group", 
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and "The Illinois Direct Support Professional Workforce 
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Initiative"  by December 1, 2009; and be it further
 
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    RESOLVED, That increases in the resources available to the 
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Department shall be appropriated to services and supports 
 


 






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consistent with the Benchmarks of the 7-year Plan considering 
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factors including, but not limited to, fair and adequate wages 
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and benefits for Direct Support Professionals, funding 
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incentives, identifying new revenue sources, maximizing 
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current revenue sources, creating  opportunities for capacity 
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building, and new rate methodologies that enhance quality 
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service and quality assurance, crisis intervention, and 
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workforce development; and be it further
 
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    RESOLVED, That the Secretary of Human Services shall 
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provide an annual report on the implementation of the Plan, 
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including a year-by-year fiscal impact statement on each aspect 
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of the Plan, to the Governor and to each Member of the General 
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Assembly by not later than July 1st of each year and interim 
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progress reports to the Governor and to the Members of the 
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General Assembly not later than December 31st of each year 
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until the Plan is fully implemented; and be it further
 
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    RESOLVED, That appropriate committees of the House of 
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Representatives and the Senate shall convene at least one 
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hearing not later than July 1st of each year on the subject of 
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the Plan; and be it further
 
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     RESOLVED, That copies of this resolution be sent to the 
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Governor, the Secretary of the Department of Human Services, 
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the Director of the Governor's Office of Management and Budget, 
 


 






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and all Members of the General Assembly.