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Public Act 102-0899


 

Public Act 0899 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0899
 
SB3889 EnrolledLRB102 24255 RJT 33486 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Children's Mental Health Act of 2003 is
amended by changing Sections 1 and 5 as follows:
 
    (405 ILCS 49/1)
    Sec. 1. Short title. This Act may be cited as the
Children's Mental Health Act of 2003.
(Source: P.A. 93-495, eff. 8-8-03.)
 
    (405 ILCS 49/5)
    Sec. 5. Children's Mental Health Partnership; Children's
Mental Health Plan.
    (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
birth through age 18. This Plan shall include but not be
limited to:
        (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.
        (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.
        (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.
        (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.
        (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.
        (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.
        (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.
        (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
    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.
        (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.
    (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
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
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
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.
    (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
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.
    (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.)
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023