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90_HB1805ham001
LRB9004749MWcdam
1 AMENDMENT TO HOUSE BILL 1805
2 AMENDMENT NO. . Amend House Bill 1805 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Department of Mental Health and
5 Developmental Disabilities Act (short title changed to Mental
6 Health and Developmental Disabilities Administrative Act
7 effective July 1, 1997) is amended by adding Section 69 as
8 follows:
9 (20 ILCS 1705/69 new)
10 Sec. 69. Joint planning by the Department of Human
11 Services and the Department of Children and Family Services.
12 (a) The purpose of this Section is to mandate that joint
13 planning occur between the Department of Children and Family
14 Services and the Department of Human Services to ensure that
15 the 2 agencies coordinate their activities and effectively
16 work together to provide wards with developmental
17 disabilities for whom the Department of Children and Family
18 Services is legally responsible a smooth transition to adult
19 living upon reaching the age of 21. The specific
20 programmatic and fiscal responsibilities of each agency are
21 listed in the following subsections to promote a common
22 understanding between the 2 agencies and to clearly identify
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1 the role of each agency in the transition process. Each ward
2 or his or her guardian shall be provided with a list of
3 available adult living arrangements including supports and
4 services associated with each arrangement. Whenever
5 possible, the ward or his or her guardian will be given a
6 choice to select the least restrictive setting.
7 For the purposes of this Section, "ward with
8 developmental disabilities" or "ward" means a child with
9 developmental disabilities for whom the Department of
10 Children and Family Services is legally responsible and who
11 upon attaining the age of 21 will not be able to live
12 independently and will need adult services and a guardian.
13 (b) The Department of Children and Family Services
14 shall:
15 (1) Ensure that its client computer tracking system
16 is capable of identifying all wards with developmental
17 disabilities.
18 (2) Before July 1 of each year, provide the
19 Department of Human Services with a computer listing of
20 all wards with developmental disabilities who are 17
21 years 6 months of age or older. This list shall include
22 the ward's name, age, birthdate, Department of Children
23 and Family Services Region, type of disability, type of
24 placement, current placement address, and contact person
25 at the current placement address.
26 (3) As each ward with a developmental disability
27 reaches 17 years 6 months of age, refer to the local
28 Department of Human Services designated agency
29 responsible for case coordination services to begin the
30 planning process for adult services and transitioning the
31 ward to adult living.
32 (4) Retain guardianship of the ward until he or she
33 reaches the age of 21, provided the ward remains in a
34 recognized public or private education program and
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1 coordinate with the Office of State Guardian for
2 transferring guardianship of the ward to the Office of
3 State Guardian upon the ward reaching the age of 21.
4 (5) Before October 1 of each year for purposes of
5 budget planning, provide to the Department of Human
6 Services a computer listing of all wards with
7 developmental disabilities who will reach the age of 21
8 in the next fiscal year. This list shall include the
9 ward's name, age, birthdate, Department of Children and
10 Family Services Region, type of disability, type of
11 placement, current per diem rate, current placement
12 address, and contact person at the current placement
13 address.
14 (6) Before June 30 of each year for purposes of an
15 assessment by a Pre-Admission Screening and Annual
16 Resident Review (PAS/ARR) agency, provide to the
17 Department of Human Services a computer listing of all
18 wards with developmental disabilities who will reach the
19 age of 20 in the following fiscal year. This list shall
20 include the ward's name, age, birthdate, Department of
21 Children and Family Services Region, type of disability,
22 type of placement, current per diem rate, current
23 placement address, and contact person at the current
24 placement address.
25 (7) Immediately notify the appropriate Department
26 of Human Services unit if according to the ward's service
27 plan a developmentally disabled ward of the Department of
28 Children and Family Services 18 years of age or older is
29 in transition to adult services and being disrupted from
30 his or her current placement.
31 (8) Provide all necessary and appropriate materials
32 or information for the transition process to the
33 appropriate Department of Human Services unit, PAS/ARR
34 agency, and the Office of State Guardian, when requested.
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1 (9) Apply to the Social Security Office for
2 Supplemental Security Income (SSI) as soon as the
3 Department of Children and Family Services receives
4 guardianship of the ward. The SSI funding shall be used
5 specifically for the benefit of that ward. The
6 Department shall also ensure that the SSI funds are
7 transferred to the young adult at his or her new adult
8 placement.
9 (10) Ensure that an application is made for medical
10 assistance under the Public Aid Code and that the
11 application is completed at least one month prior to
12 termination of guardianship by the Department of Children
13 and Family Services.
14 (11) Identify and notify the Department of Human
15 Services of individuals who may be willing to serve as a
16 personal guardian for the Department of Children and
17 Family Services ward. Expenses related to transferring
18 the guardianship shall be the responsibility of the
19 Department of Children and Family Services and not the
20 personal guardian.
21 (12) Refer the transitioning ward to the Office of
22 State Guardian that serves the office carrying the ward's
23 Department of Children and Family Services case and
24 coordinate and cooperate with the Office of State
25 Guardian requests for materials and other requirements
26 for the transfer of guardianship.
27 (13) Provide a copy of all necessary materials
28 including, but not limited to, the physician's report
29 when requested.
30 (14) When an adult placement is identified and the
31 adult planning process has been determined, refer the
32 ward to the Office of State Guardian that serves the
33 placement area in which the youth is to be placed.
34 (15) Mandate the Department of Children and Family
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1 Services legal staff from the Region in which the ward
2 resides to petition the appropriate probate court to
3 appoint the Office of State Guardian as guardian.
4 (16) Refer to the appropriate Department of Human
5 Services designated unit in the area in which the youth
6 resides to determine through appropriate screening or
7 testing the necessity of appointing a guardian for a
8 mildly retarded Department of Children and Family
9 Services ward.
10 (c) The Department of Human Services shall:
11 (1) Annually request sufficient funding in its
12 budget to pay for the services provided to Department of
13 Children and Family Services wards with developmental
14 disabilities who are transitioning to the Department of
15 Human Services and are 21 years of age.
16 (2) Direct the appropriate agency contracting with
17 the Department of Human Services to provide case
18 coordination services on behalf of Department of Children
19 and Family Services wards with developmental disabilities
20 who are 17 years 6 months of age or older, at no expense
21 to the Department of Children and Family Services.
22 (3) During the ward's 20th year of age, either
23 directly or through its contracted agents, determine
24 guardianship requirements and the level of supports and
25 services required to ensure the least restrictive and
26 most appropriate living arrangement for the transitioning
27 ward. In no circumstance shall the level of supports and
28 services to be provided by the Department of Human
29 Services be less than those provided by the Department of
30 Children and Family Services.
31 (4) Identify adult placements for Department of
32 Children and Family Services wards with developmental
33 disabilities who are 18 years of age or older when their
34 child welfare placements are disrupted and for whom
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1 further child welfare placement is not available or not
2 appropriate due to the level of services and supports
3 required by the ward and also identify adult placements
4 for the youths who are in temporary placements such as
5 shelters.
6 (5) Mandate its designated unit or contracted
7 agency in the area in which the Department of Children
8 and Family Services ward with developmental disabilities
9 resides to accept a referral for guardianship screening
10 for the wards who are mildly retarded or higher
11 functioning.
12 (6) Either directly or through its contracted
13 agents, identify the most appropriate and least
14 restrictive living arrangement based upon required
15 supports and services for Department of Children and
16 Family Services wards with developmental disabilities.
17 Placement of the wards shall occur before the wards reach
18 the age of 21 or within 90 days of their completion of a
19 recognized public or private education program.
20 (d) (1) The Department of Children and Family
21 Services shall continue funding responsibilities for all
22 Department of Children and Family Services wards with
23 developmental disabilities until they reach the age of 21
24 or are within 90 days of completion of a recognized
25 public or private education program.
26 (2) Annually, the Department of Human Services
27 shall request sufficient funding in its budget to pay for
28 the services provided to Department of Children and
29 Family Services wards with developmental disabilities who
30 are transitioning to Department of Human Service and are
31 21 years of age.
32 (3) If the General Assembly does not provide
33 sufficient funding in the year the Department of Children
34 and Family Services wards with developmental disabilities
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1 are transferred to the Department of Human Services, then
2 the Department of Children and Family Services shall fund
3 services to these wards for two-thirds of the remaining
4 months in that fiscal year, and the Department of Human
5 Services shall fund services to these wards for one-third
6 of the remaining months in that fiscal year.
7 (4) The Department of Human Services shall assume
8 all funding responsibilities for Department of Children
9 and Family Services wards with developmental disabilities
10 on July 1 of the year the wards reach 21 years of age.
11 (e) At least annually, the planning for the
12 transitioning of Department of Children and Family Services
13 wards with developmental disabilities to the Department of
14 Human Services shall be formally reviewed by a committee
15 consisting of the Director of Children and Family Services or
16 the Director's designee, the Secretary of Human Services or
17 the Secretary's designee, the Director of the Child Care
18 Association of Illinois, a representative of the Office of
19 State Guardian, a representative of the Governor, and 2
20 representatives of the private sector appointed by the
21 Governor.".