(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report. (a) The petition for adjudication of disability
and for appointment of a guardian
should be accompanied by a report which contains (1) a description of
the nature and type of the respondent's disability and an assessment of how
the disability impacts on the ability of the respondent to make decisions or
to function independently; (2) an analysis and results of evaluations of
the respondent's mental and physical condition and, where
appropriate, educational condition, adaptive behavior and social skills,
which have been performed within 3 months of the date of the filing of the
petition, or, in the case of an intellectual disability, a psychological evaluation of the respondent that has been performed by a clinical psychologist licensed under the Clinical Psychologist Licensing Act, within one year of the date of the filing of the petition; (3) an opinion as to whether guardianship is
needed, the type and scope of the guardianship needed, and the reasons
therefor; (4) a recommendation as to the most suitable living arrangement
and, where appropriate, treatment or habilitation plan for the respondent
and the reasons therefor; (5) the name, business address, business telephone number, and signatures of all persons who performed
the evaluations upon which the report is based, one of whom shall be
a licensed physician, or may, in the case of an intellectual disability, be a clinical psychologist licensed under the Clinical Psychologist Licensing Act, and a statement of the certification, license, or other
credentials that qualify the evaluators who prepared the report.
(b) If for any reason no report accompanies the petition, the court
shall order appropriate evaluations to be performed by a qualified
person or persons and a report prepared and filed with the court at least
10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the guardian ad
litem or upon the court's own motion, the court shall appoint one or more
independent experts to examine the respondent. Upon the filing with the
court of a verified statement of services rendered by the expert or
experts, the court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the court may
enter an order upon the petitioner to pay the entire fee or such
amount as
the respondent is unable to pay.
However, in cases where the Office of State Guardian is the petitioner,
consistent with Section 30 of the Guardianship and Advocacy Act, no expert
services fees shall be assessed against the Office of the State Guardian. (c) Unless the court otherwise directs, any report prepared pursuant
to this Section shall not be made
part of the public record of the proceedings but shall be available to
the court or an appellate court in which the proceedings are subject to
review, to the respondent, the petitioner, the guardian, and their
attorneys, to the
respondent's guardian ad litem, and to such other persons as the court
may direct.
Accessibility to a report prepared pursuant to this Section shall be in accordance with Section 5 of the Court Record and Document Accessibility Act. (Source: P.A. 102-109, eff. 1-1-22; 103-166, eff. 1-1-24.)
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