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Public Act 102-0899 | ||||
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AN ACT concerning health.
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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 Children's Mental Health Act of 2003 is | ||||
amended by changing Sections 1 and 5 as follows:
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(405 ILCS 49/1)
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Sec. 1. Short title. This Act may be cited as the | ||||
Children's Mental
Health
Act of 2003 .
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(Source: P.A. 93-495, eff. 8-8-03.)
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(405 ILCS 49/5)
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Sec. 5. Children's Mental Health Partnership; Children's | ||||
Mental Health Plan.
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(a) The Children's Mental Health Partnership (hereafter | ||||
referred to as "the Partnership") created under Public Act | ||||
93-495 and continued under this amendatory Act of the 102nd | ||||
General Assembly shall advise State agencies on designing and | ||||
implementing short-term and long-term strategies to provide | ||||
comprehensive and coordinated services for children from birth | ||||
to age 25 and their families with the goal of addressing | ||||
children's mental health needs across a full continuum of | ||||
care, including social determinants of health, prevention, | ||||
early identification, and treatment. The recommended |
strategies shall build upon the recommendations in the | ||
Children's Mental Health Plan of 2022 and may include, but are | ||
not limited to, recommendations regarding the following: The | ||
State of Illinois shall develop a Children's Mental Health | ||
Plan
containing short-term and long-term recommendations to | ||
provide
comprehensive, coordinated mental
health prevention, | ||
early intervention, and treatment services for children from
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birth through age 18. This Plan
shall include but not be | ||
limited to:
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(1) Increasing public awareness on issues connected to | ||
children's mental health and wellness to decrease stigma, | ||
promote acceptance, and strengthen the ability of | ||
children, families, and communities to access supports. | ||
Coordinated provider services and interagency referral | ||
networks for
children from birth through age 18 to | ||
maximize resources and
minimize duplication of services.
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(2) Coordination of programs, services, and policies | ||
across child-serving State agencies to best monitor and | ||
assess spending, as well as foster innovation of adaptive | ||
or new practices. Guidelines for incorporating social and | ||
emotional development into
school learning standards and | ||
educational programs, pursuant to
Section 15 of this Act.
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(3) Funding and resources for children's mental health | ||
prevention, early identification, and treatment across | ||
child-serving State agencies. Protocols for implementing | ||
screening and assessment of children prior
to any |
admission to an inpatient hospital for psychiatric | ||
services,
pursuant to subsection (a) of Section 5-5.23 of | ||
the Illinois Public Aid
Code.
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(4) Facilitation of research on best practices and | ||
model programs and dissemination of this information to | ||
State policymakers, practitioners, and the general public. | ||
Recommendations regarding a State budget for children's | ||
mental
health prevention, early intervention, and | ||
treatment across all State
agencies.
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(5) Monitoring programs, services, and policies | ||
addressing children's mental health and wellness. | ||
Recommendations for State and local mechanisms for | ||
integrating
federal, State, and local
funding sources for | ||
children's mental health.
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(6) Growing, retaining, diversifying, and supporting | ||
the child-serving workforce, with special emphasis on | ||
professional development around child and family mental | ||
health and wellness services. Recommendations for building | ||
a qualified and adequately trained
workforce prepared to | ||
provide mental health services for children
from birth | ||
through age 18 and their families.
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(7) Supporting the design, implementation, and | ||
evaluation of a quality-driven children's mental health | ||
system of care across all child services that prevents | ||
mental health concerns and mitigates trauma. | ||
Recommendations for facilitating research on best |
practices and
model programs, and dissemination of this | ||
information to Illinois
policymakers, practitioners, and | ||
the general public through training,
technical assistance, | ||
and educational materials.
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(8) Improving the system to more effectively meet the | ||
emergency and residential placement needs for all children | ||
with severe mental and behavioral challenges. | ||
Recommendations for a comprehensive, multi-faceted public
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awareness campaign to reduce the stigma of mental illness | ||
and
educate families, the general public, and other key | ||
audiences about the
benefits of children's social and | ||
emotional development, and how to
access services.
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(9) Recommendations for creating a quality-driven | ||
children's mental
health system with shared accountability | ||
among key State agencies
and programs that conducts | ||
ongoing needs assessments, uses outcome
indicators and | ||
benchmarks to measure progress, and implements
quality | ||
data tracking and reporting systems. | ||
(10) Recommendations for ensuring all Illinois youth | ||
receive mental health education and have access to mental | ||
health care in the school setting. In developing these | ||
recommendations, the Children's Mental Health Partnership | ||
created under subsection (b) shall consult with the State | ||
Board of Education, education practitioners, including, | ||
but not limited to, administrators, regional | ||
superintendents of schools,
teachers, and school support |
personnel, health care
professionals, including mental | ||
health professionals and child health leaders, disability | ||
advocates, and other representatives as necessary to | ||
ensure the interests of all students are represented.
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(b) The Children's Mental Health Partnership (hereafter | ||
referred to as "the
Partnership") is created. The Partnership | ||
shall have the responsibility of
developing and updating the | ||
Children's Mental Health Plan and advising the relevant State | ||
agencies on implementation of the Plan. The Children's Mental | ||
Health Partnership shall be comprised of the following | ||
members: | ||
(1) The Governor or his or her designee. | ||
(2) The Attorney General or his or her designee. | ||
(3) The Secretary of the Department of Human Services | ||
or his or her designee. | ||
(4) The State Superintendent of Education or his or | ||
her designee. | ||
(5) The Director of the Department of Children and | ||
Family Services or his or her designee. | ||
(6) The Director of the Department of Healthcare and | ||
Family Services or his or her designee. | ||
(7) The Director of the Department of Public Health or | ||
his or her designee. | ||
(8) The Director of the Department of Juvenile Justice | ||
or his or her designee. | ||
(9) The Executive Director of the Governor's Office of |
Early Childhood Development or his or her designee. | ||
(10) The Director of the Criminal Justice Information | ||
Authority or his or her designee. | ||
(11) One member of the General Assembly appointed by | ||
the Speaker of the House. | ||
(12) One member of the General Assembly appointed by | ||
the President of the Senate. | ||
(13) One member of the General Assembly appointed by | ||
the Minority Leader of the Senate. | ||
(14) One member of the General Assembly appointed by | ||
the Minority Leader of the House. | ||
(15) Up to 25 representatives from the public | ||
reflecting a diversity of age, gender identity, race, | ||
ethnicity, socioeconomic status, and geographic location, | ||
to be appointed by the Governor. Those public members | ||
appointed under this paragraph must include, but are not | ||
limited to: | ||
(A) a family member or individual with lived | ||
experience in the children's mental health system; | ||
(B) a child advocate; | ||
(C) a community mental health expert, | ||
practitioner, or provider; | ||
(D) a representative of a statewide association | ||
representing a majority of hospitals in the State; | ||
(E) an early childhood expert or practitioner; | ||
(F) a representative from the K-12 school system; |
(G) a representative from the healthcare sector; | ||
(H) a substance use prevention expert or | ||
practitioner, or a representative of a statewide | ||
association representing community-based mental health | ||
substance use disorder treatment providers in the | ||
State; | ||
(I) a violence prevention expert or practitioner; | ||
(J) a representative from the juvenile justice | ||
system; | ||
(K) a school social worker; and | ||
(L) a representative of a statewide organization | ||
representing pediatricians. | ||
(16) Two co-chairs appointed by the Governor, one | ||
being a representative from the public and one being a | ||
representative from the State. | ||
The members appointed by the Governor shall be appointed | ||
for 4 years with one opportunity for reappointment, except as | ||
otherwise provided for in this subsection. Members who were | ||
appointed by the Governor and are serving on the effective | ||
date of this amendatory Act of the 102nd General Assembly | ||
shall maintain their appointment until the term of their | ||
appointment has expired. For new appointments made pursuant to | ||
this amendatory Act of the 102nd General Assembly, members | ||
shall be appointed for one-year, two-year, or four-year terms, | ||
as determined by the Governor, with no more than 9 of the |
Governor's new or existing appointees serving the same term. | ||
Those new appointments serving a one-year or 2-year term may | ||
be appointed to 2 additional 4-year terms. If a vacancy occurs | ||
in the Partnership membership, the vacancy shall be filled in | ||
the same manner as the original appointment for the remainder | ||
of the term. | ||
The Partnership shall be convened no later than January | ||
31, 2023 to discuss the changes in this amendatory Act of the | ||
102nd General Assembly. | ||
The members of the Partnership shall serve without | ||
compensation but may be entitled to reimbursement for all | ||
necessary expenses incurred in the performance of their | ||
official duties as members of the Partnership from funds | ||
appropriated for that purpose. | ||
The Partnership may convene and appoint special committees | ||
or study groups to operate under the direction of the | ||
Partnership. Persons appointed to such special committees or | ||
study groups shall only receive reimbursement for reasonable | ||
expenses. | ||
monitoring the implementation of the Children's Mental
Health | ||
Plan as approved by the Governor. The Children's Mental Health
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Partnership shall be comprised of: the Secretary of Human | ||
Services or his or
her designee; the State Superintendent of | ||
Education or his or her
designee; the directors of the | ||
departments of Children and Family
Services, Healthcare and | ||
Family Services, Public Health, and Juvenile Justice, or their
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designees;
the head of the Illinois Violence Prevention | ||
Authority, or his or her
designee; the Attorney General or his | ||
or her designee; up to 25
representatives of community mental | ||
health authorities and statewide mental
health, children and | ||
family advocacy,
early childhood, education, health, substance | ||
abuse, violence prevention,
and juvenile justice organizations | ||
or associations, to be appointed by the
Governor; and 2 | ||
members of each caucus of the House of
Representatives and | ||
Senate appointed by the Speaker of the House of
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Representatives and the President of the Senate, respectively. | ||
The
Governor shall appoint the Partnership Chair and shall | ||
designate a
Governor's staff liaison to work with the | ||
Partnership.
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(c) (Blank). The Partnership shall submit a Preliminary | ||
Plan to the Governor on
September 30, 2004 and shall submit the | ||
Final Plan on June 30, 2005.
Thereafter, on September 30 of | ||
each year, the Partnership shall submit an
annual report to | ||
the Governor on the progress of Plan implementation
and | ||
recommendations for revisions in the Plan.
The Final Plan and | ||
annual reports submitted in subsequent years shall include
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estimates of savings achieved in prior fiscal years under | ||
subsection (a) of
Section
5-5.23 of the Illinois Public Aid | ||
Code and federal financial participation
received under | ||
subsection (b) of
Section 5-5.23 of that Code. The Department | ||
of Healthcare and Family Services shall provide
technical | ||
assistance in developing these estimates and reports.
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(d) The Illinois Children's Mental Health Partnership has | ||
the following powers and duties: | ||
(1) Conducting research assessments to determine the | ||
needs and gaps of programs, services, and policies that | ||
touch children's mental health. | ||
(2) Developing policy statements for interagency | ||
cooperation to cover all aspects of mental health | ||
delivery, including social determinants of health, | ||
prevention, early identification, and treatment. | ||
(3) Recommending policies and provide information on | ||
effective programs for delivery of mental health services. | ||
(4) Using funding from federal, state, or | ||
philanthropic partners, to fund pilot programs or research | ||
activities to resource innovative practices by | ||
organizational partners that will address children's | ||
mental health. However, the Partnership may not provide | ||
direct services. | ||
(5) Submitting an annual report, on or before December | ||
30 of each year, to the Governor and the General Assembly | ||
on the progress of the Plan, any recommendations regarding | ||
State policies, laws, or rules necessary to fulfill the | ||
purposes of the Act, and any additional recommendations | ||
regarding mental or behavioral health that the Partnership | ||
deems necessary. | ||
(6) Employing an Executive Director and setting the | ||
compensation of the Executive Director and other such |
employees and technical assistance as it deems necessary | ||
to carry out its duties under this Section. | ||
The Partnership may designate a fiscal and administrative | ||
agent that can accept funds to carry out its duties as outlined | ||
in this Section. | ||
The Department of Healthcare and Family Services shall | ||
provide technical and administrative support for the | ||
Partnership. | ||
(e) The Partnership may accept monetary gifts or grants | ||
from the federal government or any agency thereof, from any | ||
charitable foundation or professional association, or from any | ||
reputable source for implementation of any program necessary | ||
or desirable to carry out the powers and duties as defined | ||
under this Section. | ||
(f) On or before January 1, 2027, the Partnership shall | ||
submit recommendations to the Governor and General Assembly | ||
that includes recommended updates to the Act to reflect the | ||
current mental health landscape in this State. | ||
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2023.
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