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1
SENATE JOINT RESOLUTION

 
2     WHEREAS, The United States Supreme Court in Olmstead v.
3 L.C. Ex Rel. Zimring, 119 S.Ct. 2176 (1999), held that the
4 unjustifiable institutionalization of a person with a
5 disability who could live in the community with appropriate
6 supports and services, and wishes to do so, is unlawful
7 discrimination in violation of the Americans with Disabilities
8 Act (ADA); and
 
9     WHEREAS, Many individuals with developmental disabilities
10 in Illinois who desire home or community-based residential
11 services are unable to obtain them due to the unavailability of
12 such options; and
 
13     WHEREAS, As a result of insufficient home and
14 community-based service options for individuals with
15 developmental disabilities in Illinois, many individuals and
16 their families must choose between living with their parents or
17 other family members without the supports and services they
18 need, or living in a State-operated development center or
19 another institution, even if they could live successfully in a
20 less restrictive setting with appropriate supports and
21 services; and
 
22     WHEREAS, There are now over 15,000 individuals with

 

 

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1 developmental disabilities in Illinois with documented
2 emergency, critical or future service needs who are on the
3 Department of Human Services' PUNS waiting list for services
4 and supports, and the need is probably greater because this
5 number only represents those individuals who have actually
6 signed up for the PUNS database; and
 
7     WHEREAS, Almost 10 years after the Olmstead decision, a
8 recent report titled "The State of the States in Disabilities
9 2008" by the Department of Psychiatry and Coleman Institute for
10 Cognitive Disabilities of the University of Colorado ranks the
11 State of Illinois 51st in the nation in terms of making small
12 community living arrangements (6 residents or fewer) available
13 to individuals with developmental disabilities; and
 
14     WHEREAS, The State of Illinois ranks near the very bottom
15 both nationally and among other Midwest states in per capita
16 spending for home and community-based supports and services for
17 individuals with developmental disabilities; and
 
18     WHEREAS, The level of need for individuals with
19 developmental disabilities in Illinois will grow each year as
20 the number of aging caregivers increases; and
 
21     WHEREAS, Numerous legislative measures and lawsuits over
22 the last decade have attempted to address the shortcomings of

 

 

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1 Illinois' fragmented and inadequate system of services and
2 supports to individuals with developmental disabilities; and
 
3     WHEREAS, Until the State breaks the cycle of underfunding
4 and lack of significant growth of home and community-based
5 services and supports for people with developmental
6 disabilities and their families which perpetuates short-term
7 measures to address crises in the system and which, in the long
8 term, has maintained and fostered the competition among many
9 for scarce public resources; therefore, be it
 
10     RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL
11 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
12 CONCURRING HEREIN, that the Department of Human Services,
13 Division of Developmental Disabilities, shall develop a 7-year
14 Plan with yearly benchmarks to enhance and expand access to
15 quality community services and supports as described in the
16 recommendations of the "Blueprint for System Redesign"
17 (January 2008) and other reports that have been done, by
18 December 1, 2009; and be it further
 
19     RESOLVED, That any increase in the resources available to
20 the Department shall be appropriated to services and supports
21 consistent with the action steps in the Plan considering, but
22 not limited to, funding incentives, maximizing current revenue
23 sources, creating opportunities for capacity building and new

 

 

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1 rate methodologies that enhance quality service and quality
2 assurance, crisis intervention and workforce development; and
3 be it further
 
4     RESOLVED, That the Secretary of Human Services shall
5 provide an annual report on the implementation of the Plan to
6 the Governor and to each member of the General Assembly by not
7 later than July 1 of each year and interim progress reports to
8 the Governor and to the members of the General Assembly not
9 later than December 31 of each year until the Plan is fully
10 implemented; and be it further
 
11     RESOLVED, That appropriate committees of the House of
12 Representatives and the Senate shall convene at least one
13 hearing not later than July 1 of each year on the subject of
14 the Plan; and be it further
 
15     RESOLVED, That copies of this Resolution be sent to the
16 Governor, the Secretary of Human Services, the Director of the
17 Governor's Office of Management and Budget, and all members of
18 the General Assembly.