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Public Act 102-0109 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Probate Act of 1975 is amended by changing | ||||
Sections 11a-1 and 11a-9 as follows:
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(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
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Sec. 11a-1. "Developmental disability", "intellectual | ||||
disability", and "related condition" defined. Developmental | ||||
disability defined.) | ||||
"Developmental disability" means a disability that is | ||||
attributable to an intellectual disability or a related | ||||
condition. | ||||
"Intellectual disability" means significantly subaverage | ||||
general intellectual functioning existing concurrently with | ||||
deficits in adaptive behavior and manifested before the age of | ||||
22 years. | ||||
"Related condition" means a condition that: | ||||
(1) is attributable to cerebral palsy, epilepsy, or | ||||
any other condition, other than mental illness, found to | ||||
be closely related to an intellectual disability because | ||||
that condition results in impairment of general | ||||
intellectual functioning or adaptive behavior similar to | ||||
that of individuals with an intellectual disability, and |
requires treatment or services similar to those required | ||
for those individuals. For purposes of this Act, autism is | ||
considered a related condition; | ||
(2) is manifested before the individual reaches age | ||
22; | ||
(3) is likely to continue indefinitely; and | ||
(4) results in substantial functional limitation in 3 | ||
or more of the following areas of major life activity: | ||
self-care, language, learning, mobility, self-direction, | ||
and capacity for independent living. "Developmental | ||
disability"
means a disability which is attributable to: | ||
(a) an intellectual disability, cerebral
palsy, epilepsy | ||
or autism; or to (b) any other condition which results in
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impairment similar to that caused by an intellectual | ||
disability and which requires
services similar to those | ||
required by persons with intellectual disabilities. Such | ||
disability
must originate before the age of 18 years, be | ||
expected to continue indefinitely,
and constitute a | ||
substantial disability.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
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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
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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.
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(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.
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(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
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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,
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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.
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(Source: P.A. 98-1094, eff. 1-1-15 .)
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