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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Probate Act of 1975 is amended by changing | ||||||
5 | Sections 11a-1 and 11a-9 as follows:
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6 | (755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
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7 | Sec. 11a-1. "Developmental disability", "intellectual | ||||||
8 | disability", and "related condition" defined. Developmental | ||||||
9 | disability defined.) | ||||||
10 | "Developmental disability" means a disability that is | ||||||
11 | attributable to an intellectual disability or a related | ||||||
12 | condition. | ||||||
13 | "Intellectual disability" means significantly subaverage | ||||||
14 | general intellectual functioning existing concurrently with | ||||||
15 | deficits in adaptive behavior and manifested before the age of | ||||||
16 | 22 years. | ||||||
17 | "Related condition" means a condition that: | ||||||
18 | (1) is attributable to cerebral palsy, epilepsy, or | ||||||
19 | any other condition, other than mental illness, found to | ||||||
20 | be closely related to an intellectual disability because | ||||||
21 | that condition results in impairment of general | ||||||
22 | intellectual functioning or adaptive behavior similar to | ||||||
23 | that of individuals with an intellectual disability, and |
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1 | requires treatment or services similar to those required | ||||||
2 | for those individuals. For purposes of this Act, autism is | ||||||
3 | considered a related condition; | ||||||
4 | (2) is manifested before the individual reaches age | ||||||
5 | 22; | ||||||
6 | (3) is likely to continue indefinitely; and | ||||||
7 | (4) results in substantial functional limitation in 3 | ||||||
8 | or more of the following areas of major life activity: | ||||||
9 | self-care, language, learning, mobility, self-direction, | ||||||
10 | and capacity for independent living. "Developmental | ||||||
11 | disability"
means a disability which is attributable to: | ||||||
12 | (a) an intellectual disability, cerebral
palsy, epilepsy | ||||||
13 | or autism; or to (b) any other condition which results in
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14 | impairment similar to that caused by an intellectual | ||||||
15 | disability and which requires
services similar to those | ||||||
16 | required by persons with intellectual disabilities. Such | ||||||
17 | disability
must originate before the age of 18 years, be | ||||||
18 | expected to continue indefinitely,
and constitute a | ||||||
19 | substantial disability.
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20 | (Source: P.A. 99-143, eff. 7-27-15.)
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21 | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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22 | Sec. 11a-9. Report. ) | ||||||
23 | (a) The petition for adjudication of disability
and for | ||||||
24 | appointment of a guardian
should be accompanied by a report | ||||||
25 | which contains (1) a description of
the nature and type of the |
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1 | respondent's disability and an assessment of how
the | ||||||
2 | disability impacts on the ability of the respondent to make | ||||||
3 | decisions or
to function independently; (2) an analysis and | ||||||
4 | results of evaluations of
the respondent's mental and physical | ||||||
5 | condition and, where
appropriate, educational condition, | ||||||
6 | adaptive behavior and social skills,
which have been performed | ||||||
7 | within 3 months of the date of the filing of the
petition , or, | ||||||
8 | in the case of an intellectual disability, a psychological | ||||||
9 | evaluation of the respondent that has been performed by a | ||||||
10 | clinical psychologist licensed under the Clinical Psychologist | ||||||
11 | Licensing Act, within one year of the date of the filing of the | ||||||
12 | petition ; (3) an opinion as to whether guardianship is
needed, | ||||||
13 | the type and scope of the guardianship needed, and the reasons
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14 | therefor; (4) a recommendation as to the most suitable living | ||||||
15 | arrangement
and, where appropriate, treatment or habilitation | ||||||
16 | plan for the respondent
and the reasons therefor; (5) the | ||||||
17 | name, business address, business telephone number, and | ||||||
18 | signatures of all persons who performed
the evaluations upon | ||||||
19 | which the report is based, one of whom shall be
a licensed | ||||||
20 | physician , or may, in the case of an intellectual disability, | ||||||
21 | be a clinical psychologist licensed under the Clinical | ||||||
22 | Psychologist Licensing Act, and a statement of the | ||||||
23 | certification, license, or other
credentials that qualify the | ||||||
24 | evaluators who prepared the report.
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25 | (b) If for any reason no report accompanies the petition, | ||||||
26 | the court
shall order appropriate evaluations to be performed |
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1 | by a qualified
person or persons and a report prepared and | ||||||
2 | filed with the court at least
10 days prior to the hearing.
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3 | (b-5) Upon oral or written motion by the respondent or the | ||||||
4 | guardian ad
litem or upon the court's own motion, the court | ||||||
5 | shall appoint one or more
independent experts to examine the | ||||||
6 | respondent. Upon the filing with the
court of a verified | ||||||
7 | statement of services rendered by the expert or
experts, the | ||||||
8 | court shall determine a reasonable fee for the services
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9 | performed. If the respondent is unable to pay the fee, the | ||||||
10 | court may
enter an order upon the petitioner to pay the entire | ||||||
11 | fee or such
amount as
the respondent is unable to pay.
However, | ||||||
12 | in cases where the Office of State Guardian is the petitioner,
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13 | consistent with Section 30 of the Guardianship and Advocacy | ||||||
14 | Act, no expert
services fees shall be assessed against the | ||||||
15 | Office of the State Guardian. | ||||||
16 | (c) Unless the court otherwise directs, any report | ||||||
17 | prepared pursuant
to this Section shall not be made
part of the | ||||||
18 | public record of the proceedings but shall be available to
the | ||||||
19 | court or an appellate court in which the proceedings are | ||||||
20 | subject to
review, to the respondent, the petitioner, the | ||||||
21 | guardian, and their
attorneys, to the
respondent's guardian ad | ||||||
22 | litem, and to such other persons as the court
may direct.
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23 | (Source: P.A. 98-1094, eff. 1-1-15 .)
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