HB0759 94TH GENERAL ASSEMBLY

LRB094 07435 AJO 37597 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0759

Introduced 2/1/2005, by Rep. Lou Lang

SYNOPSIS AS INTRODUCED:

20 ILCS 505/5.25 new

Amends the Children and Family Services Act. Provides that every child with a diagnosis of a mental illness who is placed under the Act shall receive mental health services. Requires DCFS, in cooperation with DHS, to file a proposed rule by January 1, 2006, regarding the mental health services to be provided to these children. Requires DCFS to assess each mental health community network in the State to determine what needs exist in each network for the required mental health services. Requires DCFS, by January 1, 2007, to submit a report describing the assessment of the mental health community networks and a plan to address the identified needs to the Governor and the General Assembly.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Children and Family Services Act is amended by adding Section 5.25 as follows:

(20 ILCS 505/5.25 new)

Sec. 5.25. Mental health services.

(a) Every child placed under this Act with a diagnosis of mental illness shall receive necessary mental health services, including but not limited to medical management, individual and group therapy, psychosocial rehabilitation, vocational services, and hospitalization. Services shall be appropriate to meet the needs of the individual child; may be provided by a program, a facility, a home, or an outside mental health services provider; and may be provided to the child at the site of the program, facility, or home or at an otherwise appropriate location. A program, facility, or home shall assist in arranging for a child to receive mental health services from an outside provider when those services are necessary in meeting the child's needs and the child wishes to receive them.

(b) As used in this Section, "mental illness" means a mental or emotional disorder verified by a diagnosis contained in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised (or any subsequent edition), or International Classification of Diseases, Ninth Revision, Clinical Modification (or any subsequent revision) that substantially impairs the individual's cognitive, emotional, or behavioral functioning; excluding (i) V codes, (ii) organic disorders such as dementia and those associated with known or unknown physical conditions such as hallucinosis, amnestic disorder, and delirium, (iii) psychoactive substance induced organic disorders, (iv) mental retardation, and (v) psychoactive substance use disorder. Not excluded, however, is a dual diagnosis of mental illness and mental retardation or of mental illness and psychoactive substance use disorder.

(c) No later than January 1, 2006, in cooperation with the Illinois Department of Human Services, the Department of Children and Family Services shall file a proposed rule or a proposed amendment to an existing rule regarding the provision of mental health services to children who have a serious mental illness. The proposal shall address, but is not limited to, the implementation of the following: assessment, care planning, treatment, and discharge planning for those who are under the supervision or admitted to a child welfare agency, secure child care facility, foster family home, group home, or child care institution licensed or funded by the Department.

(d) The Department shall also prepare an assessment of each mental health community service network in the State. This assessment shall evaluate the resources needed in each network to provide appropriate mental health services for all children within the network's service area who have mental illness. The assessments shall include, at a minimum, an analysis of the current availability and needs in each of the following areas: (i) mental health treatment, (ii) qualified mental health professionals, (iii) case managers, (iv) programs for psychosocial rehabilitation, (v) housing and supportive services, (vi) vocational assistance, and (vii) programs for substance abuse.

By January 1, 2007, the Department shall complete all required individual and network assessments and shall submit a written report to the Governor and the General Assembly that describes the results of the assessment and contains a specific plan to address the identified needs for mental health services.