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1 | AN ACT concerning health.
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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 Children's Mental Health Act of 2003 is | ||||||
5 | amended by changing Sections 1 and 5 as follows:
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6 | (405 ILCS 49/1)
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7 | Sec. 1. Short title. This Act may be cited as the | ||||||
8 | Children's Mental
Health
Act of 2003 .
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9 | (Source: P.A. 93-495, eff. 8-8-03.)
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10 | (405 ILCS 49/5)
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11 | Sec. 5. Children's Mental Health Partnership; Children's | ||||||
12 | Mental Health Plan.
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13 | (a) The Children's Mental Health Partnership (hereafter | ||||||
14 | referred to as "the Partnership") created under Public Act | ||||||
15 | 93-495 and continued under this amendatory Act of the 102nd | ||||||
16 | General Assembly shall advise State agencies on designing and | ||||||
17 | implementing short-term and long-term strategies to provide | ||||||
18 | comprehensive and coordinated services for children from birth | ||||||
19 | to age 25 and their families with the goal of addressing | ||||||
20 | children's mental health needs across a full continuum of | ||||||
21 | care, including social determinants of health, prevention, | ||||||
22 | early identification, and treatment. The recommended |
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1 | strategies shall build upon the recommendations in the | ||||||
2 | Children's Mental Health Plan of 2022 and may include, but are | ||||||
3 | not limited to, recommendations regarding the following: The | ||||||
4 | State of Illinois shall develop a Children's Mental Health | ||||||
5 | Plan
containing short-term and long-term recommendations to | ||||||
6 | provide
comprehensive, coordinated mental
health prevention, | ||||||
7 | early intervention, and treatment services for children from
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8 | birth through age 18. This Plan
shall include but not be | ||||||
9 | limited to:
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10 | (1) Increasing public awareness on issues connected to | ||||||
11 | children's mental health and wellness to decrease stigma, | ||||||
12 | promote acceptance, and strengthen the ability of | ||||||
13 | children, families, and communities to access supports. | ||||||
14 | Coordinated provider services and interagency referral | ||||||
15 | networks for
children from birth through age 18 to | ||||||
16 | maximize resources and
minimize duplication of services.
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17 | (2) Coordination of programs, services, and policies | ||||||
18 | across child-serving State agencies to best monitor and | ||||||
19 | assess spending, as well as foster innovation of adaptive | ||||||
20 | or new practices. Guidelines for incorporating social and | ||||||
21 | emotional development into
school learning standards and | ||||||
22 | educational programs, pursuant to
Section 15 of this Act.
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23 | (3) Funding and resources for children's mental health | ||||||
24 | prevention, early identification, and treatment across | ||||||
25 | child-serving State agencies. Protocols for implementing | ||||||
26 | screening and assessment of children prior
to any |
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1 | admission to an inpatient hospital for psychiatric | ||||||
2 | services,
pursuant to subsection (a) of Section 5-5.23 of | ||||||
3 | the Illinois Public Aid
Code.
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4 | (4) Facilitation of research on best practices and | ||||||
5 | model programs and dissemination of this information to | ||||||
6 | State policymakers, practitioners, and the general public. | ||||||
7 | Recommendations regarding a State budget for children's | ||||||
8 | mental
health prevention, early intervention, and | ||||||
9 | treatment across all State
agencies.
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10 | (5) Monitoring programs, services, and policies | ||||||
11 | addressing children's mental health and wellness. | ||||||
12 | Recommendations for State and local mechanisms for | ||||||
13 | integrating
federal, State, and local
funding sources for | ||||||
14 | children's mental health.
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15 | (6) Growing, retaining, diversifying, and supporting | ||||||
16 | the child-serving workforce, with special emphasis on | ||||||
17 | professional development around child and family mental | ||||||
18 | health and wellness services. Recommendations for building | ||||||
19 | a qualified and adequately trained
workforce prepared to | ||||||
20 | provide mental health services for children
from birth | ||||||
21 | through age 18 and their families.
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22 | (7) Supporting the design, implementation, and | ||||||
23 | evaluation of a quality-driven children's mental health | ||||||
24 | system of care across all child services that prevents | ||||||
25 | mental health concerns and mitigates trauma. | ||||||
26 | Recommendations for facilitating research on best |
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1 | practices and
model programs, and dissemination of this | ||||||
2 | information to Illinois
policymakers, practitioners, and | ||||||
3 | the general public through training,
technical assistance, | ||||||
4 | and educational materials.
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5 | (8) Improving the system to more effectively meet the | ||||||
6 | emergency and residential placement needs for all children | ||||||
7 | with severe mental and behavioral challenges. | ||||||
8 | Recommendations for a comprehensive, multi-faceted public
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9 | awareness campaign to reduce the stigma of mental illness | ||||||
10 | and
educate families, the general public, and other key | ||||||
11 | audiences about the
benefits of children's social and | ||||||
12 | emotional development, and how to
access services.
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13 | (9) Recommendations for creating a quality-driven | ||||||
14 | children's mental
health system with shared accountability | ||||||
15 | among key State agencies
and programs that conducts | ||||||
16 | ongoing needs assessments, uses outcome
indicators and | ||||||
17 | benchmarks to measure progress, and implements
quality | ||||||
18 | data tracking and reporting systems. | ||||||
19 | (10) Recommendations for ensuring all Illinois youth | ||||||
20 | receive mental health education and have access to mental | ||||||
21 | health care in the school setting. In developing these | ||||||
22 | recommendations, the Children's Mental Health Partnership | ||||||
23 | created under subsection (b) shall consult with the State | ||||||
24 | Board of Education, education practitioners, including, | ||||||
25 | but not limited to, administrators, regional | ||||||
26 | superintendents of schools,
teachers, and school support |
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1 | personnel, health care
professionals, including mental | ||||||
2 | health professionals and child health leaders, disability | ||||||
3 | advocates, and other representatives as necessary to | ||||||
4 | ensure the interests of all students are represented.
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5 | (b) The Children's Mental Health Partnership (hereafter | ||||||
6 | referred to as "the
Partnership") is created. The Partnership | ||||||
7 | shall have the responsibility of
developing and updating the | ||||||
8 | Children's Mental Health Plan and advising the relevant State | ||||||
9 | agencies on implementation of the Plan. The Children's Mental | ||||||
10 | Health Partnership shall be comprised of the following | ||||||
11 | members: | ||||||
12 | (1) The Governor or his or her designee. | ||||||
13 | (2) The Attorney General or his or her designee. | ||||||
14 | (3) The Secretary of the Department of Human Services | ||||||
15 | or his or her designee. | ||||||
16 | (4) The State Superintendent of Education or his or | ||||||
17 | her designee. | ||||||
18 | (5) The Director of the Department of Children and | ||||||
19 | Family Services or his or her designee. | ||||||
20 | (6) The Director of the Department of Healthcare and | ||||||
21 | Family Services or his or her designee. | ||||||
22 | (7) The Director of the Department of Public Health or | ||||||
23 | his or her designee. | ||||||
24 | (8) The Director of the Department of Juvenile Justice | ||||||
25 | or his or her designee. | ||||||
26 | (9) The Executive Director of the Governor's Office of |
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1 | Early Childhood Development or his or her designee. | ||||||
2 | (10) The Director of the Criminal Justice Information | ||||||
3 | Authority or his or her designee. | ||||||
4 | (11) One member of the General Assembly appointed by | ||||||
5 | the Speaker of the House. | ||||||
6 | (12) One member of the General Assembly appointed by | ||||||
7 | the President of the Senate. | ||||||
8 | (13) One member of the General Assembly appointed by | ||||||
9 | the Minority Leader of the Senate. | ||||||
10 | (14) One member of the General Assembly appointed by | ||||||
11 | the Minority Leader of the House. | ||||||
12 | (15) Up to 25 representatives from the public | ||||||
13 | reflecting a diversity of age, gender identity, race, | ||||||
14 | ethnicity, socioeconomic status, and geographic location, | ||||||
15 | to be appointed by the Governor. Those public members | ||||||
16 | appointed under this paragraph must include, but are not | ||||||
17 | limited to: | ||||||
18 | (A) a family member or individual with lived | ||||||
19 | experience in the children's mental health system; | ||||||
20 | (B) a child advocate; | ||||||
21 | (C) a community mental health expert, | ||||||
22 | practitioner, or provider; | ||||||
23 | (D) a representative of a statewide association | ||||||
24 | representing a majority of hospitals in the State; | ||||||
25 | (E) an early childhood expert or practitioner; | ||||||
26 | (F) a representative from the K-12 school system; |
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1 | (G) a representative from the healthcare sector; | ||||||
2 | (H) a substance use prevention expert or | ||||||
3 | practitioner, or a representative of a statewide | ||||||
4 | association representing community-based mental health | ||||||
5 | substance use disorder treatment providers in the | ||||||
6 | State; | ||||||
7 | (I) a violence prevention expert or practitioner; | ||||||
8 | (J) a representative from the juvenile justice | ||||||
9 | system; | ||||||
10 | (K) a school social worker; and | ||||||
11 | (L) a representative of a statewide organization | ||||||
12 | representing pediatricians. | ||||||
13 | (16) Two co-chairs appointed by the Governor, one | ||||||
14 | being a representative from the public and one being a | ||||||
15 | representative from the State. | ||||||
16 | |||||||
17 | The members appointed by the Governor shall be appointed | ||||||
18 | for 4 years with one opportunity for reappointment, except as | ||||||
19 | otherwise provided for in this subsection. Members who were | ||||||
20 | appointed by the Governor and are serving on the effective | ||||||
21 | date of this amendatory Act of the 102nd General Assembly | ||||||
22 | shall maintain their appointment until the term of their | ||||||
23 | appointment has expired. For new appointments made pursuant to | ||||||
24 | this amendatory Act of the 102nd General Assembly, members | ||||||
25 | shall be appointed for one-year, two-year, or four-year terms, | ||||||
26 | as determined by the Governor, with no more than 9 of the |
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1 | Governor's new or existing appointees serving the same term. | ||||||
2 | Those new appointments serving a one-year or 2-year term may | ||||||
3 | be appointed to 2 additional 4-year terms. If a vacancy occurs | ||||||
4 | in the Partnership membership, the vacancy shall be filled in | ||||||
5 | the same manner as the original appointment for the remainder | ||||||
6 | of the term. | ||||||
7 | The Partnership shall be convened no later than January | ||||||
8 | 31, 2023 to discuss the changes in this amendatory Act of the | ||||||
9 | 102nd General Assembly. | ||||||
10 | The members of the Partnership shall serve without | ||||||
11 | compensation but may be entitled to reimbursement for all | ||||||
12 | necessary expenses incurred in the performance of their | ||||||
13 | official duties as members of the Partnership from funds | ||||||
14 | appropriated for that purpose. | ||||||
15 | The Partnership may convene and appoint special committees | ||||||
16 | or study groups to operate under the direction of the | ||||||
17 | Partnership. Persons appointed to such special committees or | ||||||
18 | study groups shall only receive reimbursement for reasonable | ||||||
19 | expenses. | ||||||
20 | monitoring the implementation of the Children's Mental
Health | ||||||
21 | Plan as approved by the Governor. The Children's Mental Health
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22 | Partnership shall be comprised of: the Secretary of Human | ||||||
23 | Services or his or
her designee; the State Superintendent of | ||||||
24 | Education or his or her
designee; the directors of the | ||||||
25 | departments of Children and Family
Services, Healthcare and | ||||||
26 | Family Services, Public Health, and Juvenile Justice, or their
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1 | designees;
the head of the Illinois Violence Prevention | ||||||
2 | Authority, or his or her
designee; the Attorney General or his | ||||||
3 | or her designee; up to 25
representatives of community mental | ||||||
4 | health authorities and statewide mental
health, children and | ||||||
5 | family advocacy,
early childhood, education, health, substance | ||||||
6 | abuse, violence prevention,
and juvenile justice organizations | ||||||
7 | or associations, to be appointed by the
Governor; and 2 | ||||||
8 | members of each caucus of the House of
Representatives and | ||||||
9 | Senate appointed by the Speaker of the House of
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10 | Representatives and the President of the Senate, respectively. | ||||||
11 | The
Governor shall appoint the Partnership Chair and shall | ||||||
12 | designate a
Governor's staff liaison to work with the | ||||||
13 | Partnership.
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14 | (c) (Blank). The Partnership shall submit a Preliminary | ||||||
15 | Plan to the Governor on
September 30, 2004 and shall submit the | ||||||
16 | Final Plan on June 30, 2005.
Thereafter, on September 30 of | ||||||
17 | each year, the Partnership shall submit an
annual report to | ||||||
18 | the Governor on the progress of Plan implementation
and | ||||||
19 | recommendations for revisions in the Plan.
The Final Plan and | ||||||
20 | annual reports submitted in subsequent years shall include
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21 | estimates of savings achieved in prior fiscal years under | ||||||
22 | subsection (a) of
Section
5-5.23 of the Illinois Public Aid | ||||||
23 | Code and federal financial participation
received under | ||||||
24 | subsection (b) of
Section 5-5.23 of that Code. The Department | ||||||
25 | of Healthcare and Family Services shall provide
technical | ||||||
26 | assistance in developing these estimates and reports.
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1 | (d) The Illinois Children's Mental Health Partnership has | ||||||
2 | the following powers and duties: | ||||||
3 | (1) Conducting research assessments to determine the | ||||||
4 | needs and gaps of programs, services, and policies that | ||||||
5 | touch children's mental health. | ||||||
6 | (2) Developing policy statements for interagency | ||||||
7 | cooperation to cover all aspects of mental health | ||||||
8 | delivery, including social determinants of health, | ||||||
9 | prevention, early identification, and treatment. | ||||||
10 | (3) Recommending policies and provide information on | ||||||
11 | effective programs for delivery of mental health services. | ||||||
12 | (4) Using funding from federal, state, or | ||||||
13 | philanthropic partners, to fund pilot programs or research | ||||||
14 | activities to resource innovative practices by | ||||||
15 | organizational partners that will address children's | ||||||
16 | mental health. However, the Partnership may not provide | ||||||
17 | direct services. | ||||||
18 | (5) Submitting an annual report, on or before December | ||||||
19 | 30 of each year, to the Governor and the General Assembly | ||||||
20 | on the progress of the Plan, any recommendations regarding | ||||||
21 | State policies, laws, or rules necessary to fulfill the | ||||||
22 | purposes of the Act, and any additional recommendations | ||||||
23 | regarding mental or behavioral health that the Partnership | ||||||
24 | deems necessary. | ||||||
25 | (6) Employing an Executive Director and setting the | ||||||
26 | compensation of the Executive Director and other such |
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1 | employees and technical assistance as it deems necessary | ||||||
2 | to carry out its duties under this Section. | ||||||
3 | The Partnership may designate a fiscal and administrative | ||||||
4 | agent that can accept funds to carry out its duties as outlined | ||||||
5 | in this Section. | ||||||
6 | The Department of Healthcare and Family Services shall | ||||||
7 | provide technical and administrative support for the | ||||||
8 | Partnership. | ||||||
9 | (e) The Partnership may accept monetary gifts or grants | ||||||
10 | from the federal government or any agency thereof, from any | ||||||
11 | charitable foundation or professional association, or from any | ||||||
12 | reputable source for implementation of any program necessary | ||||||
13 | or desirable to carry out the powers and duties as defined | ||||||
14 | under this Section. | ||||||
15 | (f) On or before January 1, 2027, the Partnership shall | ||||||
16 | submit recommendations to the Governor and General Assembly | ||||||
17 | that includes recommended updates to the Act to reflect the | ||||||
18 | current mental health landscape in this State. | ||||||
19 | (Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)
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20 | Section 99. Effective date. This Act takes effect January | ||||||
21 | 1, 2023.
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