Full Text of HB2338 98th General Assembly
HB2338 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2338 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 755 ILCS 5/11a-9 | from Ch. 110 1/2, par. 11a-9 |
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Amends the Probate Act of 1975. Provides that a licensed clinical psychologist may sign a report relating to the adjudication of disability when the evaluation is limited to the respondent's mental condition.
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| | A BILL FOR |
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| | | HB2338 | | LRB098 06746 JLS 36794 b |
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| 1 | | AN ACT concerning probate proceedings.
| 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 signatures of all | 23 | | persons who performed
the evaluations upon which the report is |
| | | HB2338 | - 2 - | LRB098 06746 JLS 36794 b |
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| 1 | | based, one of whom shall be
a licensed physician unless the | 2 | | evaluation and report are completed by a licensed clinical | 3 | | psychologist and the evaluation is limited to the respondent's | 4 | | mental condition, and a statement of the certification, | 5 | | license, or other
credentials that qualify the evaluators who | 6 | | prepared the report.
| 7 | | (b) If for any reason no report accompanies the petition, | 8 | | the court
shall order appropriate evaluations to be performed | 9 | | by a qualified
person or persons and a report prepared and | 10 | | filed with the court at least
10 days prior to the hearing.
| 11 | | (c) Unless the court otherwise directs, any report prepared | 12 | | pursuant
to this Section shall not be made
part of the public | 13 | | record of the proceedings but shall be available to
the court | 14 | | or an appellate court in which the proceedings are subject to
| 15 | | review, to the respondent, the petitioner, the guardian, and | 16 | | their
attorneys, to the
respondent's guardian ad litem, and to | 17 | | such other persons as the court
may direct.
| 18 | | (Source: P.A. 89-396, eff. 8-20-95.)
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