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Developmental Disabilities and Mental Illness Committee
Filed: 3/16/2006
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LRB094 17063 BDD 56963 a |
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| AMENDMENT TO SENATE BILL 2254
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| AMENDMENT NO. ______. Amend Senate Bill 2254 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Mental Health and Developmental |
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| Disabilities Administrative Act is amended by adding Section |
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| 15f as follows:
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| (20 ILCS 1705/15f new)
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| Sec. 15f. Individualized behavioral support plan. |
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| (a) As used in this Section: |
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| "Behavioral challenges" means episodes of significant |
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| property destruction, self-injurious behavior, assaultive |
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| behavior, or any other behavior that prevents a person from |
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| successful participation in a Home and Community Based Services |
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| Program for Persons with Developmental Disabilities, as |
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| determined by the community support team.
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| "Home and Community Based Services Program for Persons with |
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| Developmental Disabilities" means a program that is funded |
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| through a waiver authorized under Section 1915(c) of the |
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| federal Social Security Act and that is administered by the |
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| Department of Human Services' Division of Developmental |
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| Disabilities. Services under the Program include Community |
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| Integrated Living Arrangements, Community Living Facilities of |
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| 16 or fewer individuals, home-based support services, day |
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| programs, and therapies. The term also includes newly developed |
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LRB094 17063 BDD 56963 a |
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| programs and settings that are funded through the Home and |
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| Community Based Services Program for Persons with |
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| Developmental Disabilities.
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| (b) Each individual participating in a Home and Community |
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| Based Services Program for Persons with Developmental |
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| Disabilities, regardless of whether the individual is eligible |
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| for federal financial participation for these services, who |
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| exhibits behavioral challenges shall have an individualized |
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| behavioral support plan. Each individualized support plan |
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| shall: (i) be designed to meet individual needs; (ii) be in the |
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| immediate and long-term best interests of the individual; (iii) |
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| be non-aversive; (iv) teach the individual new skills; (v) |
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| provide alternatives to behavioral challenges; (vi) offer |
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| opportunities for choice and social integration; and (vii) |
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| allow for environmental modifications. The plan must be based |
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| on a functional behavioral assessment conducted by a |
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| professional trained in its use. The plan shall be implemented |
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| by staff who have been trained in and are qualified to |
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| effectively apply positive non-aversive intervention. All |
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| behavioral supports required by the plan shall be applied in a |
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| humane and caring manner that respects the dignity of the |
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| individual and shall be implemented in a positive and socially |
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| supportive environment, including the home. |
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| Interventions must not: (1) include electric shock; (2) |
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| withhold essential food and drink; (3) cause physical or |
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| psychological pain; (4) use drugs as restraints; or (5) produce |
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| humiliation or discomfort.
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| Nothing in this subsection shall preclude, for therapeutic |
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| purposes, variant scheduling of food or drink or the |
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| application of safe and appropriate time-out procedures. |
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| (c) The Department of Human Services shall be responsible |
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| for developing and promulgating rules to implement the |
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| provisions of this Section and to carry out the intent of this |
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| Section.
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