Full Text of HB2661 101st General Assembly
HB2661 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2661 Introduced , by Rep. Robert Martwick SYNOPSIS AS INTRODUCED: |
| 755 ILCS 5/11a-9 | from Ch. 110 1/2, par. 11a-9 |
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Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that one of the persons who performed the evaluations upon which the report relating to the adjudication of disability is based shall be a licensed physician or a licensed clinical psychologist (rather than "shall be a licensed physician"). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Probate Act of 1975 is amended by changing | 5 | | Section 11a-9 as follows:
| 6 | | (755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
| 7 | | Sec. 11a-9. Report. ) | 8 | | (a) The petition for adjudication of disability
and for | 9 | | appointment of a guardian
should be accompanied by a report | 10 | | which contains (1) a description of
the nature and type of the | 11 | | respondent's disability and an assessment of how
the disability | 12 | | impacts on the ability of the respondent to make decisions or
| 13 | | to function independently; (2) an analysis and results of | 14 | | evaluations of
the respondent's mental and physical condition | 15 | | and, where
appropriate, educational condition, adaptive | 16 | | behavior and social skills,
which have been performed within 3 | 17 | | months of the date of the filing of the
petition; (3) an | 18 | | opinion as to whether guardianship is
needed, the type and | 19 | | scope of the guardianship needed, and the reasons
therefor; (4) | 20 | | a recommendation as to the most suitable living arrangement
| 21 | | and, where appropriate, treatment or habilitation plan for the | 22 | | respondent
and the reasons therefor; (5) the name, business | 23 | | address, business telephone number, and signatures of all |
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| 1 | | persons who performed
the evaluations upon which the report is | 2 | | based, one of whom shall be
a licensed physician or a licensed | 3 | | clinical psychologist, and a statement of the certification, | 4 | | license, or other
credentials that qualify the evaluators who | 5 | | prepared the report.
| 6 | | (b) If for any reason no report accompanies the petition, | 7 | | the court
shall order appropriate evaluations to be performed | 8 | | by a qualified
person or persons and a report prepared and | 9 | | filed with the court at least
10 days prior to the hearing.
| 10 | | (b-5) Upon oral or written motion by the respondent or the | 11 | | guardian ad
litem or upon the court's own motion, the court | 12 | | shall appoint one or more
independent experts to examine the | 13 | | respondent. Upon the filing with the
court of a verified | 14 | | statement of services rendered by the expert or
experts, the | 15 | | court shall determine a reasonable fee for the services
| 16 | | performed. If the respondent is unable to pay the fee, the | 17 | | court may
enter an order upon the petitioner to pay the entire | 18 | | fee or such
amount as
the respondent is unable to pay.
However, | 19 | | in cases where the Office of State Guardian is the petitioner,
| 20 | | consistent with Section 30 of the Guardianship and Advocacy | 21 | | Act, no expert
services fees shall be assessed against the | 22 | | Office of the State Guardian. | 23 | | (c) Unless the court otherwise directs, any report prepared | 24 | | pursuant
to this Section shall not be made
part of the public | 25 | | record of the proceedings but shall be available to
the court | 26 | | or an appellate court in which the proceedings are subject to
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| 1 | | review, to the respondent, the petitioner, the guardian, and | 2 | | their
attorneys, to the
respondent's guardian ad litem, and to | 3 | | such other persons as the court
may direct.
| 4 | | (Source: P.A. 98-1094, eff. 1-1-15 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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