Full Text of HB0307 102nd General Assembly
HB0307sam001 102ND GENERAL ASSEMBLY | Sen. Sara Feigenholtz Filed: 5/14/2021
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| 1 | | AMENDMENT TO HOUSE BILL 307
| 2 | | AMENDMENT NO. ______. Amend House Bill 307 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 14-15.01 as follows:
| 6 | | (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| 7 | | Sec. 14-15.01. Community and Residential Services | 8 | | Authority.
| 9 | | (a) (1) The Community and Residential Services Authority | 10 | | is
hereby created and shall consist of the following members:
| 11 | | A representative of the State Board of Education;
| 12 | | Four representatives of the Department of Human Services | 13 | | appointed by the Secretary of Human Services,
with one member | 14 | | from the Division of Community Health and
Prevention, one | 15 | | member from the Division of Developmental Disabilities, one | 16 | | member
from the Division of Mental Health, and one member from |
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| 1 | | the Division of
Rehabilitation Services;
| 2 | | A representative of the Department of Children and Family | 3 | | Services;
| 4 | | A representative of the Department of Juvenile Justice;
| 5 | | A representative of the Department of Healthcare and | 6 | | Family Services;
| 7 | | A representative of the Attorney General's Disability | 8 | | Rights Advocacy
Division;
| 9 | | The Chairperson and Minority Spokesperson of the House and | 10 | | Senate
Committees on Elementary and Secondary Education or | 11 | | their designees; and
| 12 | | Six persons appointed by the Governor. Five of such
| 13 | | appointees shall be experienced or knowledgeable relative to
| 14 | | provision of services for individuals with a behavior
disorder
| 15 | | or a severe emotional disturbance
and shall include | 16 | | representatives of
both the private and public sectors, except | 17 | | that no more than 2 of those 5
appointees may be from the | 18 | | public sector and at least 2 must be or have been
directly | 19 | | involved in provision of services to such individuals. The | 20 | | remaining
member appointed by the Governor shall be or shall | 21 | | have been a parent of an
individual with a
behavior disorder or | 22 | | a severe emotional disturbance, and
that appointee may be from | 23 | | either the private or the public sector.
| 24 | | (2) Members appointed by the Governor shall be appointed | 25 | | for terms
of 4 years and shall continue to serve until their | 26 | | respective successors are
appointed; provided that the terms |
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| 1 | | of the original
appointees shall expire on August 1, 1990. Any | 2 | | vacancy in the office of a
member appointed by the Governor | 3 | | shall be filled by appointment of the
Governor for the | 4 | | remainder of the term.
| 5 | | A vacancy in the office of a member appointed by the | 6 | | Governor exists when
one or more of the following events | 7 | | occur:
| 8 | | (i) An appointee dies;
| 9 | | (ii) An appointee files a written resignation with the | 10 | | Governor;
| 11 | | (iii) An appointee ceases to be a legal resident of | 12 | | the State of Illinois;
or
| 13 | | (iv) An appointee fails to attend a majority of | 14 | | regularly scheduled
Authority meetings in a fiscal year.
| 15 | | Members who are representatives of an agency shall serve | 16 | | at the will
of the agency head. Membership on the Authority | 17 | | shall cease immediately
upon cessation of their affiliation | 18 | | with the agency. If such a vacancy
occurs, the appropriate | 19 | | agency head shall appoint another person to represent
the | 20 | | agency.
| 21 | | If a legislative member of the Authority ceases to be | 22 | | Chairperson or
Minority Spokesperson of the designated | 23 | | Committees, they shall
automatically be replaced on the | 24 | | Authority by the person who assumes the
position of | 25 | | Chairperson or Minority Spokesperson.
| 26 | | (b) The Community and Residential Services Authority shall |
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| 1 | | have the
following powers and duties:
| 2 | | (1) To conduct surveys to determine the extent of | 3 | | need, the degree to
which documented need is currently | 4 | | being met and feasible alternatives for
matching need with | 5 | | resources.
| 6 | | (2) To develop policy statements for interagency | 7 | | cooperation to cover
all aspects of service delivery, | 8 | | including laws, regulations and
procedures, and clear | 9 | | guidelines for determining responsibility at all times.
| 10 | | (3) To recommend policy statements
and provide | 11 | | information regarding effective programs for delivery of
| 12 | | services to all individuals under 22 years of age with a | 13 | | behavior disorder
or a severe emotional disturbance in | 14 | | public or private situations.
| 15 | | (4) To review the criteria for service eligibility, | 16 | | provision and
availability established by the governmental | 17 | | agencies represented on this
Authority, and to recommend | 18 | | changes, additions or deletions to such criteria.
| 19 | | (5) To develop and submit to the Governor, the General | 20 | | Assembly, the
Directors of the agencies represented on the | 21 | | Authority, and the
State Board of Education a master plan | 22 | | for individuals under 22 years of
age with a
behavior | 23 | | disorder or a severe emotional disturbance,
including
| 24 | | detailed plans of service ranging from the least to the | 25 | | most
restrictive options; and to assist local communities, | 26 | | upon request, in
developing
or strengthening collaborative |
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| 1 | | interagency networks.
| 2 | | (6) To develop a process for making determinations in | 3 | | situations where
there is a dispute relative to a plan of | 4 | | service for
individuals or funding for a plan of service.
| 5 | | (7) To provide technical assistance to parents, | 6 | | service consumers,
providers, and member agency personnel | 7 | | regarding statutory responsibilities
of human service and | 8 | | educational agencies, and to provide such assistance
as | 9 | | deemed necessary to appropriately access needed services.
| 10 | | (8) To establish a pilot program to act as a | 11 | | residential research hub to research and identify | 12 | | appropriate residential settings for youth who are being | 13 | | housed in an emergency room for more than 72 hours or who | 14 | | are deemed beyond medical necessity in a psychiatric | 15 | | hospital. If a child is deemed beyond medical necessity in | 16 | | a psychiatric hospital and is in need of residential | 17 | | placement, the program shall require that any State | 18 | | agencies involved report to the Authority. | 19 | | (c) (1) The members of the Authority shall receive no | 20 | | compensation for
their services but shall be entitled to | 21 | | reimbursement of reasonable
expenses incurred while performing | 22 | | their duties.
| 23 | | (2) The Authority may appoint special study groups to | 24 | | operate under
the direction of the Authority and persons | 25 | | appointed to such groups shall
receive only reimbursement of | 26 | | reasonable expenses incurred in the
performance of their |
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| 1 | | duties.
| 2 | | (3) The Authority shall elect from its membership a | 3 | | chairperson,
vice-chairperson and secretary.
| 4 | | (4) The Authority may employ and fix the compensation of
| 5 | | such employees and technical assistants as it deems necessary | 6 | | to carry out
its powers and duties under this Act. Staff | 7 | | assistance for the Authority
shall be provided by the State | 8 | | Board of Education.
| 9 | | (5) Funds for the ordinary and contingent expenses of the | 10 | | Authority
shall be appropriated to the State Board of | 11 | | Education in a separate line item.
| 12 | | (d) (1) The Authority shall have power to promulgate rules | 13 | | and
regulations to carry out its powers and duties under this | 14 | | Act.
| 15 | | (2) The Authority may accept monetary gifts or grants from | 16 | | the federal
government or any agency thereof, from any | 17 | | charitable foundation or
professional association or from any | 18 | | other reputable source for
implementation of any program | 19 | | necessary or desirable to the carrying out of
the general | 20 | | purposes of the Authority. Such gifts and grants may be
held in | 21 | | trust by the Authority and expended in the exercise of its | 22 | | powers
and performance of its duties as prescribed by law.
| 23 | | (3) The Authority shall submit an annual report of its | 24 | | activities and
expenditures to the Governor, the General | 25 | | Assembly, the
directors of agencies represented on the | 26 | | Authority, and the State
Superintendent of Education.
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| 1 | | (e) The Authority shall be added as an equal participant | 2 | | on the Interagency Clinical Team established in the | 3 | | intergovernmental agreement among the Department of Healthcare | 4 | | and Family Services, the Department of Children and Family | 5 | | Services, the Department of Human Services, the State Board of | 6 | | Education, the Department of Juvenile Justice, and the | 7 | | Department of Public Health, with consent of the youth or the | 8 | | youth's guardian or family pursuant to the Custody | 9 | | Relinquishment Prevention Act. | 10 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)".
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