94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2394

 

Introduced 1/18/2006, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2407/10
20 ILCS 4010/2002   from Ch. 91 1/2, par. 1952
105 ILCS 5/2-3.83   from Ch. 122, par. 2-3.83
210 ILCS 45/3-801.1   from Ch. 111 1/2, par. 4153-801.1
405 ILCS 5/1-106   from Ch. 91 1/2, par. 1-106
405 ILCS 25/2.03   from Ch. 91 1/2, par. 602.03
405 ILCS 40/1   from Ch. 91 1/2, par. 1151
410 ILCS 250/2   from Ch. 111 1/2, par. 2102
740 ILCS 110/8.1   from Ch. 91 1/2, par. 808.1
755 ILCS 5/11a-1   from Ch. 110 1/2, par. 11a-1

    Amends the Disabilities Services Act of 2003, the Illinois Council on Developmental Disabilities Law, the School Code, the Nursing Home Care Act, the Mental Health and Developmental Disabilities Code, the Specialized Living Centers Act, the Protection and Advocacy for Developmentally Disabled Persons Act, the Developmental Disability Prevention Act, the Mental Health and Developmental Disabilities Confidentiality Act, and the Probate Act of 1975. Changes the definition of "developmental disability" throughout the statutes to provide that the term means a severe, chronic disability of an individual that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more specified areas of major life activity; and (v) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. Contains a provision for infants and young children.


LRB094 17673 DRJ 52971 b

 

 

A BILL FOR

 

SB2394 LRB094 17673 DRJ 52971 b

1     AN ACT concerning health.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Disabilities Services Act of 2003 is amended
5 by changing Section 10 as follows:
 
6     (20 ILCS 2407/10)
7     Sec. 10. Application of Act; definitions.
8     (a) This Act applies to persons with disabilities. The
9 disabilities included are defined for purposes of this Act as
10 follows:
11     "Disability" means a disability as defined by the Americans
12 with Disabilities Act of 1990 that is attributable to a
13 developmental disability, a mental illness, or a physical
14 disability, or combination of those.
15     "Developmental disability" means a severe, chronic
16 disability of an individual that:
17         (1) is attributable to a mental or physical impairment
18     or combination of mental and physical impairments;
19         (2) is manifested before the individual attains age 22;
20         (3) is likely to continue indefinitely;
21         (4) results in substantial functional limitations in 3
22     or more of the following areas of major life activity:
23             (A) self-care;
24             (B) receptive and expressive language;
25             (C) learning;
26             (D) mobility;
27             (E) self-direction;
28             (F) capacity for independent living; and
29             (G) economic self-sufficiency; and
30         (5) reflects the individual's need for a combination
31     and sequence of special, interdisciplinary, or generic
32     services, individualized supports, or other forms of

 

 

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1     assistance that are of lifelong or extended duration and
2     are individually planned and coordinated.
3     An individual from birth to age 9, inclusive, who has a
4 substantial developmental delay or specific congenital or
5 acquired condition, may be considered to have a developmental
6 disability without meeting 3 or more of the criteria described
7 in clauses (1) through (5) of this definition if the
8 individual, without services and supports, has a high
9 probability of meeting those criteria later in life.
10     "Developmental disability" means a disability that is
11 attributable to mental retardation or a related condition. A
12 related condition must meet all of the following conditions:
13         (1) It must be attributable to cerebral palsy,
14     epilepsy, or any other condition (other than mental
15     illness) found to be closely related to mental retardation
16     because that condition results in impairment of general
17     intellectual functioning or adaptive behavior similar to
18     that of individuals with mental retardation, and requires
19     treatment or services similar to those required for those
20     individuals. For purposes of this Section, autism is
21     considered a related condition.
22         (2) It must be manifested before the individual reaches
23     age 22.
24         (3) It must be likely to continue indefinitely.
25         (4) It must result in substantial functional
26     limitations in 3 or more of the following areas of major
27     life activity: self-care, language, learning, mobility,
28     self-direction, and capacity for independent living.
29     "Mental Illness" means a mental or emotional disorder
30 verified by a diagnosis contained in the Diagnostic and
31 Statistical Manual of Mental Disorders-Fourth Edition,
32 published by the American Psychiatric Association (DSM-IV), or
33 its successor, or International Classification of Diseases,
34 9th Revision, Clinical Modification (ICD-9-CM), or its
35 successor, that substantially impairs a person's cognitive,
36 emotional, or behavioral functioning, or any combination of

 

 

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1 those, excluding (i) conditions that may be the focus of
2 clinical attention but are not of sufficient duration or
3 severity to be categorized as a mental illness, such as
4 parent-child relational problems, partner-relational problems,
5 sexual abuse of a child, bereavement, academic problems,
6 phase-of-life problems, and occupational problems
7 (collectively, "V codes"), (ii) organic disorders such as
8 substance intoxication dementia, substance withdrawal
9 dementia, Alzheimer's disease, vascular dementia, dementia due
10 to HIV infection, and dementia due to Creutzfeld-Jakob disease
11 and disorders associated with known or unknown physical
12 conditions such as hallucinosis hallucinasis, amnestic
13 disorders and delirium, and psychoactive substance-induced
14 organic disorders, and (iii) mental retardation or
15 psychoactive substance use disorders.
16     "Mental retardation" means significantly sub-average
17 general intellectual functioning existing concurrently with
18 deficits in adaptive behavior and manifested before the age of
19 22 years.
20     "Physical disability" means a disability as defined by the
21 Americans with Disabilities Act of 1990 that meets the
22 following criteria:
23         (1) It is attributable to a physical impairment.
24         (2) It results in a substantial functional limitation
25     in any of the following areas of major life activity: (i)
26     self-care, (ii) receptive and expressive language, (iii)
27     learning, (iv) mobility, (v) self-direction, (vi) capacity
28     for independent living, and (vii) economic sufficiency.
29         (3) It reflects the person's need for a combination and
30     sequence of special, interdisciplinary, or general care,
31     treatment, or other services that are of lifelong or of
32     extended duration and must be individually planned and
33     coordinated.
34     (b) In this Act:
35     "Chronological age-appropriate services" means services,
36 activities, and strategies for persons with disabilities that

 

 

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1 are representative of the lifestyle activities of nondisabled
2 peers of similar age in the community.
3     "Comprehensive evaluation" means procedures used by
4 qualified professionals selectively with an individual to
5 determine whether a person has a disability and the nature and
6 extent of the services that the person with a disability needs.
7     "Department" means the Department on Aging, the Department
8 of Human Services, the Department of Public Health, the
9 Department of Public Aid (now Department Healthcare and Family
10 Services), the University of Illinois Division of Specialized
11 Care for Children, the Department of Children and Family
12 Services, and the Illinois State Board of Education, where
13 appropriate, as designated in the implementation plan
14 developed under Section 20.
15     "Family" means a natural, adoptive, or foster parent or
16 parents or other person or persons responsible for the care of
17 an individual with a disability in a family setting.
18     "Family or individual support" means those resources and
19 services that are necessary to maintain an individual with a
20 disability within the family home or his or her own home. These
21 services may include, but are not limited to, cash subsidy,
22 respite care, and counseling services.
23     "Independent service coordination" means a social service
24 that enables persons with developmental disabilities and their
25 families to locate, use, and coordinate resources and
26 opportunities in their communities on the basis of individual
27 need. Independent service coordination is independent of
28 providers of services and funding sources and is designed to
29 ensure accessibility, continuity of care, and accountability
30 and to maximize the potential of persons with developmental
31 disabilities for independence, productivity, and integration
32 into the community. Independent service coordination includes,
33 at a minimum: (i) outreach to identify eligible individuals;
34 (ii) assessment and periodic reassessment to determine each
35 individual's strengths, functional limitations, and need for
36 specific services; (iii) participation in the development of a

 

 

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1 comprehensive individual service or treatment plan; (iv)
2 referral to and linkage with needed services and supports; (v)
3 monitoring to ensure the delivery of appropriate services and
4 to determine individual progress in meeting goals and
5 objectives; and (vi) advocacy to assist the person in obtaining
6 all services for which he or she is eligible or entitled.
7     "Individual service or treatment plan" means a recorded
8 assessment of the needs of a person with a disability, a
9 description of the services recommended, the goals of each type
10 of element of service, an anticipated timetable for the
11 accomplishment of the goals, and a designation of the qualified
12 professionals responsible for the implementation of the plan.
13     "Least restrictive environment" means an environment that
14 represents the least departure from the normal patterns of
15 living and that effectively meets the needs of the person
16 receiving the service.
17 (Source: P.A. 93-638, eff. 12-31-03; revised 12-15-05.)
 
18     Section 10. The Illinois Council on Developmental
19 Disabilities Law is amended by changing Section 2002 as
20 follows:
 
21     (20 ILCS 4010/2002)  (from Ch. 91 1/2, par. 1952)
22     Sec. 2002. Definitions. As used in this Article, unless the
23 context requires otherwise:
24     (a) "Council" means the Illinois Council on Developmental
25 Disabilities.
26     (b) "Chairperson" means the chairperson of the Illinois
27 Council on Developmental Disabilities.
28     (c) "Director" means the director of the Illinois Council
29 on Developmental Disabilities.
30     (d) "Developmental disability" means a severe, chronic
31 disability of an individual that:
32         (1) is attributable to a mental or physical impairment
33     or combination of mental and physical impairments;
34         (2) is manifested before the individual attains age 22;

 

 

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1         (3) is likely to continue indefinitely;
2         (4) results in substantial functional limitations in 3
3     or more of the following areas of major life activity:
4             (A) self-care;
5             (B) receptive and expressive language;
6             (C) learning;
7             (D) mobility;
8             (E) self-direction;
9             (F) capacity for independent living; and
10             (G) economic self-sufficiency; and
11         (5) reflects the individual's need for a combination
12     and sequence of special, interdisciplinary, or generic
13     services, individualized supports, or other forms of
14     assistance that are of lifelong or extended duration and
15     are individually planned and coordinated.
16     An individual from birth to age 9, inclusive, who has a
17 substantial developmental delay or specific congenital or
18 acquired condition, may be considered to have a developmental
19 disability without meeting 3 or more of the criteria described
20 in clauses (1) through (5) of this definition if the
21 individual, without services and supports, has a high
22 probability of meeting those criteria later in life.
23     (d) "Developmental disability" means, in general, a severe
24 chronic disability of an individual that:
25         (1) is attributable to a mental or physical impairment
26     or combination of mental and physical impairments;
27         (2) is manifested before the person attains age 22;
28         (3) is likely to continue indefinitely;
29         (4) results in substantial functional limitations in 3
30     or more of the following areas of major life activity: self
31     care, receptive and expressive language, learning,
32     mobility, self direction, capacity for independent living,
33     and economic sufficiency; and
34         (5) reflects the person's need for a combination and
35     sequence of special interdisciplinary or generic services
36     care, individualized supports, or other forms of

 

 

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1     assistance that are of life long or extended duration and
2     are individually planned and coordinated.
3     When applied to infants and young children, an individual
4 may be considered to have a "developmental disability" if the
5 individual from birth to age 9, inclusive, has (i) a
6 substantial developmental delay or specific congenital or
7 acquired conditions and (ii) does not meet 3 or more of the
8 criteria described in paragraphs (1) through (5) but who,
9 without services and support, has a high probability of meeting
10 those criteria later in life.
11 (Source: P.A. 91-798, eff. 7-9-00.)
 
12     Section 15. The School Code is amended by changing Section
13 2-3.83 as follows:
 
14     (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
15     Sec. 2-3.83. Individual transition plan model pilot
16 program.
17     (a) The General Assembly finds that transition services for
18 special education students in secondary schools are needed for
19 the increasing numbers of students exiting school programs.
20 Therefore, to ensure coordinated and timely delivery of
21 services, the State shall establish a model pilot program to
22 provide such services. Local school districts, using joint
23 agreements and regional service delivery systems for special
24 and vocational education selected by the Governor's Planning
25 Council on Developmental Disabilities, shall have the primary
26 responsibility to convene transition planning meetings for
27 these students who will require post-school adult services.
28     (b) For purposes of this Section:
29         (1) "Post-secondary Service Provider" means a provider
30     of services for adults who have any developmental
31     disability as defined in Section 1-106 of the Mental Health
32     and Developmental Disabilities Code or who are disabled as
33     defined in the Disabled Persons Rehabilitation Act.
34         (2) "Individual Education Plan" means a written

 

 

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1     statement for an exceptional child that provides at least a
2     statement of: the child's present levels of educational
3     performance, annual goals and short-term instructional
4     objectives; specific special education and related
5     services; the extent of participation in the regular
6     education program; the projected dates for initiation of
7     services; anticipated duration of services; appropriate
8     objective criteria and evaluation procedures; and a
9     schedule for annual determination of short-term
10     objectives.
11         (3) "Individual Transition Plan" (ITP) means a
12     multi-agency informal assessment of a student's needs for
13     post-secondary adult services including but not limited to
14     employment, post-secondary education or training and
15     residential independent living.
16         "Developmental disability" means a severe, chronic
17     disability of an individual that:
18             (1) is attributable to a mental or physical
19         impairment or combination of mental and physical
20         impairments;
21             (2) is manifested before the individual attains
22         age 22;
23             (3) is likely to continue indefinitely;
24             (4) results in substantial functional limitations
25         in 3 or more of the following areas of major life
26         activity:
27                 (A) self-care;
28                 (B) receptive and expressive language;
29                 (C) learning;
30                 (D) mobility;
31                 (E) self-direction;
32                 (F) capacity for independent living; and
33                 (G) economic self-sufficiency; and
34             (5) reflects the individual's need for a
35         combination and sequence of special,
36         interdisciplinary, or generic services, individualized

 

 

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1         supports, or other forms of assistance that are of
2         lifelong or extended duration and are individually
3         planned and coordinated.
4         An individual from birth to age 9, inclusive, who has a
5     substantial developmental delay or specific congenital or
6     acquired condition, may be considered to have a
7     developmental disability without meeting 3 or more of the
8     criteria described in clauses (1) through (5) of this
9     definition if the individual, without services and
10     supports, has a high probability of meeting those criteria
11     later in life.
12         (4) "Developmental Disability" means a disability
13     which is attributable to: (a) mental retardation, cerebral
14     palsy, epilepsy or autism; or to (b) any other condition
15     which results in impairment similar to that caused by
16     mental retardation and which requires services similar to
17     those required by mentally retarded persons. Such
18     disability must originate before the age of 18 years, be
19     expected to continue indefinitely, and constitute a
20     substantial handicap.
21         (5) "Exceptional Characteristic" means any disabling
22     or exceptional characteristic which interferes with a
23     student's education including, but not limited to, a
24     determination that the student is severely or profoundly
25     mentally disabled, trainably mentally disabled,
26     deaf-blind, or has some other health impairment.
27     (c) The model pilot program required by this Section shall
28 be established and administered by the Governor's Planning
29 Council on Developmental Disabilities in conjunction with the
30 case coordination pilot projects established by the Department
31 of Human Services pursuant to Section 4.1 of the Community
32 Services Act, as amended.
33     (d) The model pilot program shall include the following
34 features:
35         (1) Written notice shall be sent to the student and,
36     when appropriate, his or her parent or guardian giving the

 

 

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1     opportunity to consent to having the student's name and
2     relevant information shared with the local case
3     coordination unit and other appropriate State or local
4     agencies for purposes of inviting participants to the
5     individual transition plan meeting.
6         (2) Meetings to develop and modify, as needed, an
7     Individual Transition Plan shall be conducted annually for
8     all students with a developmental disability in the pilot
9     program area who are age 16 or older and who are receiving
10     special education services for 50% or more of their public
11     school program. These meetings shall be convened by the
12     local school district and conducted in conjunction with any
13     other regularly scheduled meetings such as the student's
14     annual individual educational plan meeting. The Governor's
15     Planning Council on Developmental Disabilities shall
16     cooperate with and may enter into any necessary written
17     agreements with the Department of Human Services and the
18     State Board of Education to identify the target group of
19     students for transition planning and the appropriate case
20     coordination unit to serve these individuals.
21         (3) The ITP meetings shall be co-chaired by the
22     individual education plan coordinator and the case
23     coordinator. The ITP meeting shall include but not be
24     limited to discussion of the following: the student's
25     projected date of exit from the public schools; his
26     projected post-school goals in the areas of employment,
27     residential living arrangement and post-secondary
28     education or training; specific school or post-school
29     services needed during the following year to achieve the
30     student's goals, including but not limited to vocational
31     evaluation, vocational education, work experience or
32     vocational training, placement assistance, independent
33     living skills training, recreational or leisure training,
34     income support, medical needs and transportation; and
35     referrals and linkage to needed services, including a
36     proposed time frame for services and the responsible agency

 

 

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1     or provider. The individual transition plan shall be signed
2     by participants in the ITP discussion, including but not
3     limited to the student's parents or guardian, the student
4     (where appropriate), multi-disciplinary team
5     representatives from the public schools, the case
6     coordinator and any other individuals who have
7     participated in the ITP meeting at the discretion of the
8     individual education plan coordinator, the developmental
9     disability case coordinator or the parents or guardian.
10         (4) At least 10 days prior to the ITP meeting, the
11     parents or guardian of the student shall be notified in
12     writing of the time and place of the meeting by the local
13     school district. The ITP discussion shall be documented by
14     the assigned case coordinator, and an individual student
15     file shall be maintained by each case coordination unit.
16     One year following a student's exit from public school the
17     case coordinator shall conduct a follow up interview with
18     the student.
19         (5) Determinations with respect to individual
20     transition plans made under this Section shall not be
21     subject to any due process requirements prescribed in
22     Section 14-8.02 of this Code.
23     (e) (Blank).
24 (Source: P.A. 91-96; eff. 7-9-99.)
 
25     Section 20. The Nursing Home Care Act is amended by
26 changing Section 3-801.1 as follows:
 
27     (210 ILCS 45/3-801.1)  (from Ch. 111 1/2, par. 4153-801.1)
28     Sec. 3-801.1. Notwithstanding the other provisions of this
29 Act to the contrary, the agency designated by the Governor
30 under Section 1 of "An Act in relation to the protection and
31 advocacy of the rights of persons with developmental
32 disabilities, and amending Acts therein named", enacted by the
33 84th General Assembly, shall have access to the records of a
34 person with developmental disabilities who resides in a

 

 

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1 facility, subject to the limitations of this Act. The agency
2 shall also have access for the purpose of inspection and
3 copying, to the records of a person with developmental
4 disabilities who resides in any such facility if (1) a
5 complaint is received by such agency from or on behalf of the
6 person with a developmental disability, and (2) such person
7 does not have a guardian or the State or the designee of the
8 State is the guardian of such person. The designated agency
9 shall provide written notice to the person with developmental
10 disabilities and the State guardian of the nature of the
11 complaint based upon which the designated agency has gained
12 access to the records. No record or the contents of any record
13 shall be redisclosed by the designated agency unless the person
14 with developmental disabilities and the State guardian are
15 provided 7 days advance written notice, except in emergency
16 situations, of the designated agency's intent to redisclose
17 such record, during which time the person with developmental
18 disabilities or the State guardian may seek to judicially
19 enjoin the designated agency's redisclosure of such record on
20 the grounds that such redisclosure is contrary to the interests
21 of the person with developmental disabilities. If a person with
22 developmental disabilities resides in such a facility and has a
23 guardian other than the State or the designee of the State, the
24 facility director shall disclose the guardian's name, address,
25 and telephone number to the designated agency at the agency's
26 request.
27     Upon request, the designated agency shall be entitled to
28 inspect and copy any records or other materials which may
29 further the agency's investigation of problems affecting
30 numbers of persons with developmental disabilities. When
31 required by law any personally identifiable information of
32 persons with a developmental disability shall be removed from
33 the records. However, the designated agency may not inspect or
34 copy any records or other materials when the removal of
35 personally identifiable information imposes an unreasonable
36 burden on the facility.

 

 

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1     For the purposes of this Section, "developmental
2 disability" means a severe, chronic disability of an individual
3 that:
4         (1) is attributable to a mental or physical impairment
5     or combination of mental and physical impairments;
6         (2) is manifested before the individual attains age 22;
7         (3) is likely to continue indefinitely;
8         (4) results in substantial functional limitations in 3
9     or more of the following areas of major life activity:
10             (A) self-care;
11             (B) receptive and expressive language;
12             (C) learning;
13             (D) mobility;
14             (E) self-direction;
15             (F) capacity for independent living; and
16             (G) economic self-sufficiency; and
17         (5) reflects the individual's need for a combination
18     and sequence of special, interdisciplinary, or generic
19     services, individualized supports, or other forms of
20     assistance that are of lifelong or extended duration and
21     are individually planned and coordinated.
22     An individual from birth to age 9, inclusive, who has a
23 substantial developmental delay or specific congenital or
24 acquired condition, may be considered to have a developmental
25 disability without meeting 3 or more of the criteria described
26 in clauses (1) through (5) of this definition if the
27 individual, without services and supports, has a high
28 probability of meeting those criteria later in life.
29     For the purposes of this Section, "developmental
30 disability" means a severe, chronic disability of a person
31 which -
32     (A) is attributable to a mental or physical impairment or
33 combination of mental and physical impairments;
34     (B) is manifested before the person attains age 22;
35     (C) is likely to continue indefinitely;
36     (D) results in substantial functional limitations in 3 or

 

 

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1 more of the following areas of major life activity: (i)
2 self-care, (ii) receptive and expressive language, (iii)
3 learning, (iv) mobility, (v) self-direction, (vi) capacity for
4 independent living, and (vii) economic self-sufficiency; and
5     (E) reflects the person's need for combination and sequence
6 of special, interdisciplinary or generic care, treatment or
7 other services which are of lifelong or extended duration and
8 are individually planned and coordinated.
9 (Source: P.A. 88-380.)
 
10     Section 25. The Mental Health and Developmental
11 Disabilities Code is amended by changing Section 1-106 as
12 follows:
 
13     (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
14     Sec. 1-106. "Developmental disability" means a severe,
15 chronic disability of an individual that:
16         (1) is attributable to a mental or physical impairment
17     or combination of mental and physical impairments;
18         (2) is manifested before the individual attains age 22;
19         (3) is likely to continue indefinitely;
20         (4) results in substantial functional limitations in 3
21     or more of the following areas of major life activity:
22             (A) self-care;
23             (B) receptive and expressive language;
24             (C) learning;
25             (D) mobility;
26             (E) self-direction;
27             (F) capacity for independent living; and
28             (G) economic self-sufficiency; and
29         (5) reflects the individual's need for a combination
30     and sequence of special, interdisciplinary, or generic
31     services, individualized supports, or other forms of
32     assistance that are of lifelong or extended duration and
33     are individually planned and coordinated.
34     An individual from birth to age 9, inclusive, who has a

 

 

SB2394 - 15 - LRB094 17673 DRJ 52971 b

1 substantial developmental delay or specific congenital or
2 acquired condition, may be considered to have a developmental
3 disability without meeting 3 or more of the criteria described
4 in clauses (1) through (5) of this definition if the
5 individual, without services and supports, has a high
6 probability of meeting those criteria later in life.
7 "Developmental disability" means a disability which is
8 attributable to: (a) mental retardation, cerebral palsy,
9 epilepsy or autism; or to (b) any other condition which results
10 in impairment similar to that caused by mental retardation and
11 which requires services similar to those required by mentally
12 retarded persons. Such disability must originate before the age
13 of 18 years, be expected to continue indefinitely, and
14 constitute a substantial handicap.
15 (Source: P.A. 80-1414.)
 
16     Section 30. The Specialized Living Centers Act is amended
17 by changing Section 2.03 as follows:
 
18     (405 ILCS 25/2.03)  (from Ch. 91 1/2, par. 602.03)
19     Sec. 2.03. "Person with a developmental disability" means
20 an individual who has a severe, chronic disability that:
21         (1) is attributable to a mental or physical impairment
22     or combination of mental and physical impairments;
23         (2) is manifested before the individual attains age 22;
24         (3) is likely to continue indefinitely;
25         (4) results in substantial functional limitations in 3
26     or more of the following areas of major life activity:
27             (A) self-care;
28             (B) receptive and expressive language;
29             (C) learning;
30             (D) mobility;
31             (E) self-direction;
32             (F) capacity for independent living; and
33             (G) economic self-sufficiency; and
34         (5) reflects the individual's need for a combination

 

 

SB2394 - 16 - LRB094 17673 DRJ 52971 b

1     and sequence of special, interdisciplinary, or generic
2     services, individualized supports, or other forms of
3     assistance that are of lifelong or extended duration and
4     are individually planned and coordinated.
5     An individual from birth to age 9, inclusive, who has a
6 substantial developmental delay or specific congenital or
7 acquired condition, may be considered to have a developmental
8 disability without meeting 3 or more of the criteria described
9 in clauses (1) through (5) of this definition if the
10 individual, without services and supports, has a high
11 probability of meeting those criteria later in life.
12 individuals whose disability is attributable to mental
13 retardation, cerebral palsy, epilepsy or other neurological
14 condition which generally originates before such individuals
15 attain age 18 which had continued or can be expected to
16 continue indefinitely and which constitutes a substantial
17 handicap to such individuals.
18 (Source: P.A. 88-380.)
 
19     Section 35. The Protection and Advocacy for
20 Developmentally Disabled Persons Act is amended by changing
21 Section 1 as follows:
 
22     (405 ILCS 40/1)  (from Ch. 91 1/2, par. 1151)
23     Sec. 1. The Governor may designate a private not-for-profit
24 corporation as the agency to administer a State plan to protect
25 and advocate the rights of persons with developmental
26 disabilities pursuant to the requirements of the federal
27 Developmental Disabilities Assistance and Bill of Rights Act,
28 42 U.S.C. 6001 to 6081, as now or hereafter amended. The
29 designated agency may pursue legal, administrative, and other
30 appropriate remedies to ensure the protection of the rights of
31 such persons who are receiving treatment, services or
32 habilitation within this State. The agency designated by the
33 Governor shall be independent of any agency which provides
34 treatment, services, guardianship, or habilitation to persons

 

 

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1 with developmental disabilities, and such agency shall not be
2 administered by the Governor's Planning Council on
3 Developmental Disabilities or any successor State Planning
4 Council organized pursuant to federal law.
5     The designated agency may receive and expend funds to
6 protect and advocate the rights of persons with developmental
7 disabilities. In order to properly exercise its powers and
8 duties, such agency shall have access to developmental
9 disability facilities and mental health facilities, as defined
10 under Sections 1-107 and 1-114 of the Mental Health and
11 Developmental Disabilities Code, and facilities as defined in
12 Section 1-113 of the Nursing Home Care Act. Such access shall
13 be granted for the purposes of meeting with residents and
14 staff, informing them of services available from the agency,
15 distributing written information about the agency and the
16 rights of persons with developmental disabilities, conducting
17 scheduled and unscheduled visits, and performing other
18 activities designed to protect the rights of persons with
19 developmental disabilities. The agency also shall have access,
20 for the purpose of inspection and copying, to the records of a
21 person with developmental disabilities who resides in any such
22 facility subject to the limitations of this Act, the Mental
23 Health and Developmental Disabilities Confidentiality Act, and
24 the Nursing Home Care Act. The agency also shall have access,
25 for the purpose of inspection and copying, to the records of a
26 person with developmental disabilities who resides in any such
27 facility if (1) a complaint is received by the agency from or
28 on behalf of the person with a developmental disability, and
29 (2) such person does not have a legal guardian or the State or
30 the designee of the State is the legal guardian of such person.
31 The designated agency shall provide written notice to the
32 person with developmental disabilities and the State guardian
33 of the nature of the complaint based upon which the designated
34 agency has gained access to the records. No record or the
35 contents of any record shall be redisclosed by the designated
36 agency unless the person with developmental disabilities and

 

 

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1 the State guardian are provided 7 days advance written notice,
2 except in emergency situations, of the designated agency's
3 intent to redisclose such record, during which time the person
4 with developmental disabilities or the State guardian may seek
5 to judicially enjoin the designated agency's redisclosure of
6 such record on the grounds that such redisclosure is contrary
7 to the interests of the person with developmental disabilities.
8 Any person who in good faith complains to the designated agency
9 on behalf of a person with developmental disabilities, or
10 provides information or participates in the investigation of
11 any such complaint shall have immunity from any liability,
12 civil, criminal or otherwise, and shall not be subject to any
13 penalties, sanctions, restrictions or retaliation as a
14 consequence of making such complaint, providing such
15 information or participating in such investigation.
16     Upon request, the designated agency shall be entitled to
17 inspect and copy any records or other materials which may
18 further the agency's investigation of problems affecting
19 numbers of persons with developmental disabilities. When
20 required by law any personally identifiable information of
21 persons with developmental disabilities shall be removed from
22 the records. However, the designated agency may not inspect or
23 copy any records or other materials when the removal of
24 personally identifiable information imposes an unreasonable
25 burden on mental health and developmental disabilities
26 facilities pursuant to the Mental Health and Developmental
27 Disabilities Code or facilities as defined in the Nursing Home
28 Care Act.
29     The Governor shall not redesignate the agency to administer
30 the State plan to protect and advocate the rights of persons
31 with developmental disabilities unless there is good cause for
32 the redesignation and unless notice of the intent to make such
33 redesignation is given to persons with developmental
34 disabilities or their representatives, the federal Secretary
35 of Health and Human Services, and the General Assembly at least
36 60 days prior thereto.

 

 

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1     As used in this Act, the term "developmental disability"
2 means a severe, chronic disability of an individual that:
3         (1) is attributable to a mental or physical impairment
4     or combination of mental and physical impairments;
5         (2) is manifested before the individual attains age 22;
6         (3) is likely to continue indefinitely;
7         (4) results in substantial functional limitations in 3
8     or more of the following areas of major life activity:
9             (A) self-care;
10             (B) receptive and expressive language;
11             (C) learning;
12             (D) mobility;
13             (E) self-direction;
14             (F) capacity for independent living; and
15             (G) economic self-sufficiency; and
16         (5) reflects the individual's need for a combination
17     and sequence of special, interdisciplinary, or generic
18     services, individualized supports, or other forms of
19     assistance that are of lifelong or extended duration and
20     are individually planned and coordinated.
21     An individual from birth to age 9, inclusive, who has a
22 substantial developmental delay or specific congenital or
23 acquired condition, may be considered to have a developmental
24 disability without meeting 3 or more of the criteria described
25 in clauses (1) through (5) of this definition if the
26 individual, without services and supports, has a high
27 probability of meeting those criteria later in life.
28 "developmental disability" means a severe, chronic disability
29 of a person which:
30         (A) is attributable to a mental or physical impairment
31     or combination of mental and physical impairments;
32         (B) is manifested before the person attains age 22;
33         (C) is likely to continue indefinitely;
34         (D) results in substantial functional limitations in 3
35     or more of the following areas of major life activity: (i)
36     self-care, (ii) receptive and expressive language, (iii)

 

 

SB2394 - 20 - LRB094 17673 DRJ 52971 b

1     learning, (iv) mobility, (v) self-direction, (vi) capacity
2     for independent living, and (vii) economic
3     self-sufficiency; and
4         (E) reflects the person's need for combination and
5     sequence of special, interdisciplinary or generic care,
6     treatment or other services which are of lifelong or
7     extended duration and are individually planned and
8     coordinated.
9 (Source: P.A. 88-380.)
 
10     Section 40. The Developmental Disability Prevention Act is
11 amended by changing Section 2 as follows:
 
12     (410 ILCS 250/2)  (from Ch. 111 1/2, par. 2102)
13     Sec. 2. Definitions.
14     As used in this Act:
15     a "perinatal" means the period of time between the
16 conception of an infant and the end of the first month of life;
17     b "congenital" means those intrauterine factors which
18 influence the growth, development and function of the fetus;
19     c "environmental" means those extrauterine factors which
20 influence the adaptation, well being or life of the newborn and
21 may lead to disability;
22     d "high risk" means an increased level of risk of harm or
23 mortality to the woman of childbearing age, fetus or newborn
24 from congenital and/or environmental factors;
25     e "perinatal center" means a referral facility intended to
26 care for the high risk patient before, during, or after labor
27 and delivery and characterized by sophistication and
28 availability of personnel, equipment, laboratory,
29 transportation techniques, consultation and other support
30 services;
31     f "Developmental disability" means a severe, chronic
32 disability of an individual that:
33         (1) is attributable to a mental or physical impairment
34     or combination of mental and physical impairments;

 

 

SB2394 - 21 - LRB094 17673 DRJ 52971 b

1         (2) is manifested before the individual attains age 22;
2         (3) is likely to continue indefinitely;
3         (4) results in substantial functional limitations in 3
4     or more of the following areas of major life activity:
5             (A) self-care;
6             (B) receptive and expressive language;
7             (C) learning;
8             (D) mobility;
9             (E) self-direction;
10             (F) capacity for independent living; and
11             (G) economic self-sufficiency; and
12         (5) reflects the individual's need for a combination
13     and sequence of special, interdisciplinary, or generic
14     services, individualized supports, or other forms of
15     assistance that are of lifelong or extended duration and
16     are individually planned and coordinated.
17     An individual from birth to age 9, inclusive, who has a
18 substantial developmental delay or specific congenital or
19 acquired condition, may be considered to have a developmental
20 disability without meeting 3 or more of the criteria described
21 in clauses (1) through (5) of this definition if the
22 individual, without services and supports, has a high
23 probability of meeting those criteria later in life.
24     f "developmental disability" means mental retardation,
25 cerebral palsy, epilepsy, or other neurological handicapping
26 conditions of an individual found to be closely related to
27 mental retardation or to require treatment similar to that
28 required by mentally retarded individuals, and the disability
29 originates before such individual attains age 18, and has
30 continued, or can be expected to continue indefinitely, and
31 constitutes a substantial handicap of such individuals;
32     g "disability" means a condition characterized by
33 temporary or permanent, partial or complete impairment of
34 physical, mental or physiological function;
35     h "Department" means the Department of Public Health.
36 (Source: P.A. 78-557.)
 

 

 

SB2394 - 22 - LRB094 17673 DRJ 52971 b

1     Section 45. The Mental Health and Developmental
2 Disabilities Confidentiality Act is amended by changing
3 Section 8.1 as follows:
 
4     (740 ILCS 110/8.1)  (from Ch. 91 1/2, par. 808.1)
5     Sec. 8.1. The agency designated by the Governor under
6 Section 1 of "An Act in relation to the protection and advocacy
7 of the rights of persons with developmental disabilities, and
8 amending Acts therein named", approved September 20, 1985, as
9 now or hereafter amended, shall have access, for the purpose of
10 inspection and copying, to the records of a person with
11 developmental disabilities who resides in a developmental
12 disability facility or mental health facility, as defined in
13 Sections 1-107 and 1-114, respectively, of the Mental Health
14 and Developmental Disabilities Code, as now or hereafter
15 amended, if (a) a complaint is received by such agency from or
16 on behalf of the person with a developmental disability, and
17 (b) such person does not have a guardian of the person or the
18 State or the designee of the State is his or her guardian of
19 the person. The designated agency shall provide written notice
20 of the receipt of a complaint to the custodian of the records
21 of the person from whom or on whose behalf a complaint is
22 received. The designated agency shall provide to the person
23 with developmental disabilities and to his or her State
24 guardian, if appointed, written notice of the nature of the
25 complaint based upon which the designated agency has gained
26 access to the records. No record or the contents of any record
27 shall be redisclosed by the designated agency unless the person
28 with developmental disabilities and the State guardian are
29 provided 7 days advance written notice, except in emergency
30 situations, of the designated agency's intent to redisclose
31 such record, during which time the person with developmental
32 disabilities or the State guardian may seek to judicially
33 enjoin the designated agency's redisclosure of such record on
34 the grounds that such redisclosure is contrary to the interests

 

 

SB2394 - 23 - LRB094 17673 DRJ 52971 b

1 of the person with developmental disabilities. If a person with
2 developmental disabilities resides in a developmental
3 disability or mental health facility and has a guardian other
4 than the State or the designee of the State, the facility
5 director shall disclose the guardian's name, address and
6 telephone number to the designated agency at the agency's
7 request.
8     Upon written request and after the provision of written
9 notice to the agency, facility or other body from which records
10 and other materials are sought of the designated agency's
11 investigation of problems affecting numbers of persons with
12 developmental disabilities, the designated agency shall be
13 entitled to inspect and copy any records or other materials
14 which may further the agency's investigation of problems
15 affecting numbers of persons with developmental disabilities.
16 When required by law any personally identifiable information of
17 persons with developmental disabilities shall be removed from
18 the records. However, the designated agency may not inspect or
19 copy records or other materials when the removal of personally
20 identifiable information imposes an unreasonable burden on
21 mental health and developmental disabilities facilities.
22     For the purposes of this Section, "developmental
23 disability" means a severe, chronic disability of an individual
24 that:
25         (1) is attributable to a mental or physical impairment
26     or combination of mental and physical impairments;
27         (2) is manifested before the individual attains age 22;
28         (3) is likely to continue indefinitely;
29         (4) results in substantial functional limitations in 3
30     or more of the following areas of major life activity:
31             (A) self-care;
32             (B) receptive and expressive language;
33             (C) learning;
34             (D) mobility;
35             (E) self-direction;
36             (F) capacity for independent living; and

 

 

SB2394 - 24 - LRB094 17673 DRJ 52971 b

1             (G) economic self-sufficiency; and
2         (5) reflects the individual's need for a combination
3     and sequence of special, interdisciplinary, or generic
4     services, individualized supports, or other forms of
5     assistance that are of lifelong or extended duration and
6     are individually planned and coordinated.
7     An individual from birth to age 9, inclusive, who has a
8 substantial developmental delay or specific congenital or
9 acquired condition, may be considered to have a developmental
10 disability without meeting 3 or more of the criteria described
11 in clauses (1) through (5) of this definition if the
12 individual, without services and supports, has a high
13 probability of meeting those criteria later in life.
14 "developmental disability" means a severe, chronic disability
15 of a person which -
16     (A) is attributable to a mental or physical impairment or
17 combination of mental and physical impairments;
18     (B) is manifested before the person attains age 22;
19     (C) is likely to continue indefinitely;
20     (D) results in substantial functional limitations in 3 or
21 more of the following areas of major life activity: (i)
22 self-care, (ii) receptive and expressive language, (iii)
23 learning, (iv) mobility, (v) self-direction, (vi) capacity for
24 independent living, and (vii) economic self-sufficiency; and
25     (E) reflects the person's need for a combination and
26 sequence of special, interdisciplinary or generic care,
27 treatment or other services which are of lifelong or extended
28 duration and are individually planned and coordinated.
29 (Source: P.A. 88-380.)
 
30     Section 50. The Probate Act of 1975 is amended by changing
31 Section 11a-1 as follows:
 
32     (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
33     Sec. 11a-1. Developmental disability defined.)
34 "Developmental disability" means a severe, chronic disability

 

 

SB2394 - 25 - LRB094 17673 DRJ 52971 b

1 of an individual that:
2         (1) is attributable to a mental or physical impairment
3     or combination of mental and physical impairments;
4         (2) is manifested before the individual attains age 22;
5         (3) is likely to continue indefinitely;
6         (4) results in substantial functional limitations in 3
7     or more of the following areas of major life activity:
8             (A) self-care;
9             (B) receptive and expressive language;
10             (C) learning;
11             (D) mobility;
12             (E) self-direction;
13             (F) capacity for independent living; and
14             (G) economic self-sufficiency; and
15         (5) reflects the individual's need for a combination
16     and sequence of special, interdisciplinary, or generic
17     services, individualized supports, or other forms of
18     assistance that are of lifelong or extended duration and
19     are individually planned and coordinated.
20     An individual from birth to age 9, inclusive, who has a
21 substantial developmental delay or specific congenital or
22 acquired condition, may be considered to have a developmental
23 disability without meeting 3 or more of the criteria described
24 in clauses (1) through (5) of this definition if the
25 individual, without services and supports, has a high
26 probability of meeting those criteria later in life.
27 "Developmental disability" means a disability which is
28 attributable to: (a) mental retardation, cerebral palsy,
29 epilepsy or autism; or to (b) any other condition which results
30 in impairment similar to that caused by mental retardation and
31 which requires services similar to those required by mentally
32 retarded persons. Such disability must originate before the age
33 of 18 years, be expected to continue indefinitely, and
34 constitute a substantial handicap.
35 (Source: P.A. 80-1415.)