Full Text of SB3333 96th General Assembly
SB3333 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3333
Introduced 2/10/2010, by Sen. Dan Cronin SYNOPSIS AS INTRODUCED: |
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Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the Illinois Department of Human Services shall prepare, publish, evaluate, disseminate and serve as a central
repository for educational materials dealing with the nature and effects of
alcoholism and other drug abuse and dependency, and that such materials may deal with
the educational needs of the citizens of Illinois, and shall (rather than may) include at least
pamphlets which describe the causes and effects of fetal alcohol syndrome,
which the Department may distribute free of charge to each county clerk in
sufficient quantities that the county clerk may provide a pamphlet to the
recipients of all marriage licenses issued in the county. Effective immediately.
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A BILL FOR
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SB3333 |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Alcoholism and Other Drug Abuse and | 5 |
| Dependency Act is amended by changing Section 5-10 as follows:
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| (20 ILCS 301/5-10)
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| Sec. 5-10. Functions of the Department.
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| (a) In addition to the powers, duties and functions vested | 9 |
| in the Department
by this Act, or by other laws of this State, | 10 |
| the Department shall carry out the
following activities:
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| (1) Design, coordinate and fund a comprehensive and | 12 |
| coordinated
community-based and culturally and | 13 |
| gender-appropriate array of services
throughout the State | 14 |
| for the prevention, intervention, treatment and
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| rehabilitation of alcohol and other drug abuse and | 16 |
| dependency that is
accessible and addresses the needs of | 17 |
| at-risk or addicted individuals and their
families.
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| (2) Act as the exclusive State agency to accept, | 19 |
| receive and expend,
pursuant to appropriation, any public | 20 |
| or private monies, grants or services,
including those | 21 |
| received from the federal government or from other State
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| agencies, for the purpose of providing an array of services | 23 |
| for the prevention,
intervention, treatment and |
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| rehabilitation of alcoholism or other drug abuse or
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| dependency. Monies received by the Department shall be | 3 |
| deposited into
appropriate funds as may be created by State | 4 |
| law or administrative action.
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| (3) Coordinate a statewide strategy among State | 6 |
| agencies for the
prevention, intervention, treatment and | 7 |
| rehabilitation of alcohol and other
drug abuse and | 8 |
| dependency. This strategy shall include the development of | 9 |
| an
annual comprehensive State plan for the provision of an | 10 |
| array of services for
education, prevention, intervention, | 11 |
| treatment, relapse prevention and other
services and | 12 |
| activities to alleviate alcoholism and other drug abuse and
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| dependency. The plan shall be based on local | 14 |
| community-based needs and upon
data including, but not | 15 |
| limited to, that which defines the prevalence of and
costs | 16 |
| associated with the abuse of and dependency upon alcohol | 17 |
| and other drugs.
This comprehensive State plan shall | 18 |
| include identification of problems, needs,
priorities, | 19 |
| services and other pertinent information, including the | 20 |
| needs of
minorities and other specific populations in the | 21 |
| State, and shall describe how
the identified problems and | 22 |
| needs will be addressed. For purposes of this
paragraph, | 23 |
| the term "minorities and other specific populations" may | 24 |
| include,
but shall not be limited to, groups such as women, | 25 |
| children, intravenous drug
users, persons with AIDS or who | 26 |
| are HIV infected, African-Americans, Puerto
Ricans, |
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| Hispanics, Asian Americans, the elderly, persons in the | 2 |
| criminal
justice system, persons who are clients of | 3 |
| services provided by other State
agencies, persons with | 4 |
| disabilities and such other specific populations as the
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| Department may from time to time identify. In developing | 6 |
| the plan, the
Department shall seek input from providers, | 7 |
| parent groups, associations and
interested citizens.
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| Beginning with State fiscal year 1996, the annual | 9 |
| comprehensive State plan
developed under this Section | 10 |
| shall include an explanation of the rationale to
be used in | 11 |
| ensuring that funding shall be based upon local community | 12 |
| needs,
including, but not limited to, the incidence and | 13 |
| prevalence of, and costs
associated with, the abuse of and | 14 |
| dependency upon alcohol and other drugs, as
well as upon | 15 |
| demonstrated program performance.
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| The annual comprehensive State plan developed under | 17 |
| this Section shall
contain a report detailing the | 18 |
| activities of and progress made by the programs
for the | 19 |
| care and treatment of addicted pregnant women, addicted | 20 |
| mothers and
their children established under subsection | 21 |
| (j) of Section 35-5 of this Act.
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| Each State agency which provides or funds alcohol or | 23 |
| drug prevention,
intervention and treatment services shall | 24 |
| annually prepare an agency plan for
providing such | 25 |
| services, and these shall be used by the Department in | 26 |
| preparing
the annual comprehensive statewide plan. Each |
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| agency's annual plan for alcohol
and drug abuse services | 2 |
| shall contain a report on the activities and progress
of | 3 |
| such services in the prior year. The Department may provide | 4 |
| technical
assistance to other State agencies, as required, | 5 |
| in the development of their
agency plans.
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| (4) Lead, foster and develop cooperation, coordination | 7 |
| and agreements
among federal and State governmental | 8 |
| agencies and local providers that provide
assistance, | 9 |
| services, funding or other functions, peripheral or | 10 |
| direct, in the
prevention, intervention, treatment or | 11 |
| rehabilitation of alcoholism and other
drug abuse and | 12 |
| dependency. This shall include, but shall not be limited | 13 |
| to,
the following:
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| (A) Cooperate with and assist the Department of | 15 |
| Corrections and
the Department on Aging in | 16 |
| establishing and conducting programs relating to | 17 |
| alcoholism
and other drug abuse and dependency among | 18 |
| those populations which they
respectively serve.
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| (B) Cooperate with and assist the Illinois | 20 |
| Department of Public Health
in the establishment, | 21 |
| funding and support of programs and services for the
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| promotion of maternal and child health and the | 23 |
| prevention and treatment of
infectious diseases, | 24 |
| including but not limited to HIV infection, especially
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| with respect to those persons who may abuse drugs by | 26 |
| intravenous injection, or
may have been sexual |
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| partners of drug abusers, or may have abused substances | 2 |
| so
that their immune systems are impaired, causing them | 3 |
| to be at high risk.
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| (C) Supply to the Department of Public Health and | 5 |
| prenatal care
providers a list of all alcohol and other | 6 |
| drug abuse service providers for
addicted pregnant | 7 |
| women in this State.
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| (D) Assist in the placement of child abuse or | 9 |
| neglect perpetrators
(identified by the Illinois | 10 |
| Department of Children and Family Services) who
have | 11 |
| been determined to be in need of alcohol or other drug | 12 |
| abuse services
pursuant to Section 8.2 of the Abused | 13 |
| and Neglected Child Reporting Act.
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| (E) Cooperate with and assist the Illinois | 15 |
| Department of Children and
Family Services in carrying | 16 |
| out its mandates to:
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| (i) identify alcohol and other drug abuse | 18 |
| issues among its clients and
their families; and
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| (ii) develop programs and services to deal | 20 |
| with such problems.
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| These programs and services may include, but shall not | 22 |
| be limited to,
programs to prevent the abuse of alcohol | 23 |
| or other drugs by DCFS clients and
their families, | 24 |
| rehabilitation services, identifying child care needs | 25 |
| within
the array of alcohol and other drug abuse | 26 |
| services, and assistance with other
issues as |
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| required.
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| (F) Cooperate with and assist the Illinois | 3 |
| Criminal Justice Information
Authority with respect to | 4 |
| statistical and other information concerning drug
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| abuse incidence and prevalence.
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| (G) Cooperate with and assist the State | 7 |
| Superintendent of Education,
boards of education, | 8 |
| schools, police departments, the Illinois Department | 9 |
| of
State Police, courts and other public and private | 10 |
| agencies and individuals in
establishing prevention | 11 |
| programs statewide and preparing curriculum materials
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| for use at all levels of education. An agreement shall | 13 |
| be entered into with the
State Superintendent of | 14 |
| Education to assist in the establishment of such
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| programs.
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| (H) Cooperate with and assist the Illinois | 17 |
| Department of Healthcare and Family Services in
the | 18 |
| development and provision of services offered to | 19 |
| recipients of public
assistance for the treatment and | 20 |
| prevention of alcoholism and other drug abuse
and | 21 |
| dependency.
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| (I) Provide training recommendations to other | 23 |
| State agencies funding
alcohol or other drug abuse | 24 |
| prevention, intervention, treatment or
rehabilitation | 25 |
| services.
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| (5) From monies appropriated to the Department from the |
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| Drunk and Drugged
Driving Prevention Fund, make grants to | 2 |
| reimburse DUI evaluation and remedial
education programs | 3 |
| licensed by the Department for the costs of providing
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| indigent persons with free or reduced-cost services | 5 |
| relating to a charge of
driving under the influence of | 6 |
| alcohol or other drugs.
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| (6) Promulgate regulations to provide appropriate | 8 |
| standards for publicly
and privately funded programs as | 9 |
| well as for levels of payment to government
funded programs | 10 |
| which provide an array of services for prevention,
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| intervention, treatment and rehabilitation for alcoholism | 12 |
| and other drug abuse
or dependency.
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| (7) In consultation with local service providers, | 14 |
| specify a uniform
statistical methodology for use by | 15 |
| agencies, organizations, individuals and the
Department | 16 |
| for collection and dissemination of statistical | 17 |
| information
regarding services related to alcoholism and | 18 |
| other drug use and abuse. This
shall include prevention | 19 |
| services delivered, the number of persons treated,
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| frequency of admission and readmission, and duration of | 21 |
| treatment.
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| (8) Receive data and assistance from federal, State and | 23 |
| local governmental
agencies, and obtain copies of | 24 |
| identification and arrest data from all federal,
State and | 25 |
| local law enforcement agencies for use in carrying out the | 26 |
| purposes
and functions of the Department.
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| (9) Designate and license providers to conduct | 2 |
| screening, assessment,
referral and tracking of clients | 3 |
| identified by the criminal justice system as
having | 4 |
| indications of alcoholism or other drug abuse or dependency | 5 |
| and being
eligible to make an election for treatment under | 6 |
| Section 40-5 of this Act, and
assist in the placement of | 7 |
| individuals who are under court order to participate
in | 8 |
| treatment.
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| (10) Designate medical examination and other programs | 10 |
| for determining
alcoholism and other drug abuse and | 11 |
| dependency.
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| (11) Encourage service providers who receive financial | 13 |
| assistance in any
form from the State to assess and collect | 14 |
| fees for services rendered.
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| (12) Make grants with funds appropriated from the Drug | 16 |
| Treatment Fund in
accordance with Section 7 of the | 17 |
| Controlled Substance and Cannabis Nuisance
Act, or in | 18 |
| accordance with Section 80 of the Methamphetamine Control | 19 |
| and Community Protection Act, or in accordance with | 20 |
| subsections (h) and (i) of Section 411.2 of the
Illinois | 21 |
| Controlled Substances Act.
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| (13) Encourage all health and disability insurance | 23 |
| programs to include
alcoholism and other drug abuse and | 24 |
| dependency as a covered illness.
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| (14) Make such agreements, grants-in-aid and | 26 |
| purchase-care arrangements
with any other department, |
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| authority or commission of this State, or any other
state | 2 |
| or the federal government or with any public or private | 3 |
| agency, including
the disbursement of funds and furnishing | 4 |
| of staff, to effectuate the purposes
of this Act.
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| (15) Conduct a public information campaign to inform | 6 |
| the State's
Hispanic residents regarding the prevention | 7 |
| and treatment of alcoholism.
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| (b) In addition to the powers, duties and functions vested | 9 |
| in it by this
Act, or by other laws of this State, the | 10 |
| Department may undertake, but shall
not be limited to, the | 11 |
| following activities:
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| (1) Require all programs funded by the Department to | 13 |
| include an education
component to inform participants | 14 |
| regarding the causes and means of transmission
and methods | 15 |
| of reducing the risk of acquiring or transmitting HIV | 16 |
| infection,
and to include funding for such education | 17 |
| component in its support of the
program.
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| (2) Review all State agency applications for federal | 19 |
| funds which include
provisions relating to the prevention, | 20 |
| early intervention and treatment of
alcoholism and other | 21 |
| drug abuse and dependency in order to ensure consistency
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| with the comprehensive statewide plan developed pursuant | 23 |
| to this Act.
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| (3) Prepare, publish, evaluate, disseminate and serve | 25 |
| as a central
repository for educational materials dealing | 26 |
| with the nature and effects of
alcoholism and other drug |
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| abuse and dependency. Such materials may deal with
the | 2 |
| educational needs of the citizens of Illinois, and shall | 3 |
| may include at least
pamphlets which describe the causes | 4 |
| and effects of fetal alcohol syndrome,
which the Department | 5 |
| may distribute free of charge to each county clerk in
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| sufficient quantities that the county clerk may provide a | 7 |
| pamphlet to the
recipients of all marriage licenses issued | 8 |
| in the county.
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| (4) Develop and coordinate, with regional and local | 10 |
| agencies, education
and training programs for persons | 11 |
| engaged in providing the array of services
for persons | 12 |
| having alcoholism or other drug abuse and dependency | 13 |
| problems,
which programs may include specific HIV | 14 |
| education and training for program
personnel.
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| (5) Cooperate with and assist in the development of | 16 |
| education, prevention
and treatment programs for employees | 17 |
| of State and local governments and
businesses in the State.
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| (6) Utilize the support and assistance of interested | 19 |
| persons in the
community, including recovering addicts and | 20 |
| alcoholics, to assist individuals
and communities in | 21 |
| understanding the dynamics of addiction, and to encourage
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| individuals with alcohol or other drug abuse or dependency | 23 |
| problems to
voluntarily undergo treatment.
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| (7) Promote, conduct, assist or sponsor basic | 25 |
| clinical, epidemiological
and statistical research into | 26 |
| alcoholism and other drug abuse and dependency,
and |
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| research into the prevention of those problems either | 2 |
| solely or in
conjunction with any public or private agency.
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| (8) Cooperate with public and private agencies, | 4 |
| organizations and
individuals in the development of | 5 |
| programs, and to provide technical assistance
and | 6 |
| consultation services for this purpose.
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| (9) Publish or provide for the publishing of a manual | 8 |
| to assist medical
and social service providers in | 9 |
| identifying alcoholism and other drug abuse and
dependency | 10 |
| and coordinating the multidisciplinary delivery of | 11 |
| services to
addicted pregnant women, addicted mothers and | 12 |
| their children. The manual may
be used only to provide | 13 |
| information and may not be used by the Department to
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| establish practice standards. The Department may not | 15 |
| require recipients to use
specific providers nor may they | 16 |
| require providers to refer recipients to
specific | 17 |
| providers. The manual may include, but need not be limited | 18 |
| to, the
following:
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| (A) Information concerning risk assessments of | 20 |
| women seeking prenatal,
natal, and postnatal medical | 21 |
| care.
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| (B) Information concerning risk assessments of | 23 |
| infants who may be
substance-affected.
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| (C) Protocols that have been adopted by the | 25 |
| Illinois Department of
Children and Family Services | 26 |
| for the reporting and investigation of allegations
of |
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| child abuse or neglect under the Abused and Neglected | 2 |
| Child Reporting Act.
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| (D) Summary of procedures utilized in juvenile | 4 |
| court in cases of
children alleged or found to be | 5 |
| abused or neglected as a result of being born
to | 6 |
| addicted women.
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| (E) Information concerning referral of addicted | 8 |
| pregnant women,
addicted mothers and their children by | 9 |
| medical, social service, and substance
abuse treatment | 10 |
| providers, by the Departments of Children and Family | 11 |
| Services, Public Aid, Public Health, and
Human | 12 |
| Services.
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| (F) Effects of substance abuse on infants and | 14 |
| guidelines on the
symptoms, care, and comfort of | 15 |
| drug-withdrawing infants.
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| (G) Responsibilities of the Illinois Department of | 17 |
| Public Health to
maintain statistics on the number of | 18 |
| children in Illinois addicted at birth.
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| (10) To the extent permitted by federal law or | 20 |
| regulation, establish and
maintain a clearinghouse and | 21 |
| central repository for the development and
maintenance of a | 22 |
| centralized data collection and dissemination system and a
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| management information system for all alcoholism and other | 24 |
| drug abuse
prevention, early intervention and treatment | 25 |
| services.
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| (11) Fund, promote or assist programs, services, |
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| demonstrations or
research dealing with addictive or | 2 |
| habituating behaviors detrimental to the
health of | 3 |
| Illinois citizens.
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| (12) With monies appropriated from the Group Home Loan | 5 |
| Revolving Fund,
make loans, directly or through | 6 |
| subcontract, to assist in underwriting the
costs of housing | 7 |
| in which individuals recovering from alcohol or other drug
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| abuse or dependency may reside in groups of not less than 6 | 9 |
| persons, pursuant
to Section 50-40 of this Act.
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| (13) Promulgate such regulations as may be necessary | 11 |
| for the
administration of grants or to otherwise carry out | 12 |
| the purposes and enforce the
provisions of this Act.
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| (14) Fund programs to help parents be effective in | 14 |
| preventing
substance abuse by building an awareness of | 15 |
| drugs and alcohol and the family's
role in preventing abuse | 16 |
| through adjusting expectations, developing new skills,
and | 17 |
| setting positive family goals. The programs shall include, | 18 |
| but not be
limited to, the following subjects: healthy | 19 |
| family communication; establishing
rules and limits; how | 20 |
| to reduce family conflict; how to build self-esteem,
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| competency, and responsibility in children; how to improve | 22 |
| motivation and
achievement; effective discipline; problem | 23 |
| solving techniques; and how to talk
about drugs and | 24 |
| alcohol. The programs shall be open to all parents.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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