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| Public Act 094-0812 |
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AN ACT concerning State government.
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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 Mental Health and Developmental | ||||
Disabilities Administrative Act is amended by adding Section | ||||
15f as follows: | ||||
(20 ILCS 1705/15f new)
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Sec. 15f. Individualized behavioral support plan. | ||||
(a) As used in this Section: | ||||
"Behavioral challenges" means episodes of significant | ||||
property destruction, self-injurious behavior, assaultive | ||||
behavior, or any other behavior that prevents a person from | ||||
successful participation in a Home and Community Based Services | ||||
Program for Persons with Developmental Disabilities, as | ||||
determined by the community support team.
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"Home and Community Based Services Program for Persons with | ||||
Developmental Disabilities" means a program that is funded | ||||
through a waiver authorized under Section 1915(c) of the | ||||
federal Social Security Act and that is administered by the | ||||
Department of Human Services' Division of Developmental | ||||
Disabilities. Services under the Program include Community | ||||
Integrated Living Arrangements, Community Living Facilities of | ||||
16 or fewer individuals, home-based support services, day | ||||
programs, and therapies. The term also includes newly developed | ||||
programs and settings that are funded through the Home and | ||||
Community Based Services Program for Persons with | ||||
Developmental Disabilities.
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(b) Each individual participating in a Home and Community | ||||
Based Services Program for Persons with Developmental | ||||
Disabilities, regardless of whether the individual is eligible | ||||
for federal financial participation for these services, who | ||||
exhibits behavioral challenges shall have an individualized | ||||
behavioral support plan. Each individualized support plan | ||
shall: (i) be designed to meet individual needs; (ii) be in the | ||
immediate and long-term best interests of the individual; (iii) | ||
be non-aversive; (iv) teach the individual new skills; (v) | ||
provide alternatives to behavioral challenges; (vi) offer | ||
opportunities for choice and social integration; and (vii) | ||
allow for environmental modifications. The plan must be based | ||
on a functional behavioral assessment conducted by a | ||
professional trained in its use. The plan shall be implemented | ||
by staff who have been trained in and are qualified to | ||
effectively apply positive non-aversive intervention. All | ||
behavioral supports required by the plan shall be applied in a | ||
humane and caring manner that respects the dignity of the | ||
individual and shall be implemented in a positive and socially | ||
supportive environment, including the home. | ||
Interventions must not: (1) include electric shock; (2) | ||
withhold essential food and drink; (3) cause physical or | ||
psychological pain; (4) use drugs as restraints; or (5) produce | ||
humiliation or discomfort.
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Nothing in this subsection shall preclude, for therapeutic | ||
purposes, variant scheduling of food or drink or the | ||
application of safe and appropriate time-out procedures. | ||
(c) The Department of Human Services shall be responsible | ||
for developing and promulgating rules to implement the | ||
provisions of this Section and to carry out the intent of this | ||
Section.
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(d) To the extent this Section conflicts with Article I of | ||
Chapter II of the Mental Health and Developmental Disabilities | ||
Code, that Article controls.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||