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92_HB3002eng HB3002 Engrossed LRB9200780TAtm 1 AN ACT concerning human services. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Mental Health and Developmental 5 Disabilities Administrative Act is amended by changing 6 Sections 4.2 and 22 as follows: 7 (20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2) 8 Sec. 4.2. Facility staff. (a) The Department shall 9 describe and delineate guidelines for each of the facilities 10 it operates regarding the number and qualifications of the 11 staff required to carry out prescribed duties. The guidelines 12 shall be based on consideration of recipient needs as well as 13 professional and programmatic requirements, including those 14 established for purposes of national accreditation and for 15 certification under Titles XVIII and XIX of the federal 16 Social Security Act.The Department shall utilize those17guidelines in the preparation of its annual plan and shall18include in the plan a report of efforts in management and19budgeting at each facility to achieve staffing targets20established in relation to the guidelines.21 (b) As used in this Section, "direct care position" 22 means any position with the Department in which the job 23 titles which will regularly or temporarily entail contact 24 with recipients in the Department's facilities for persons 25 with a mental illness or a developmental disability. 26 (c) The Department shall require that each candidate for 27 employment in a direct care position, as a condition of 28 employment, shall submit to a fingerprint-based criminal 29 background investigation to determine whether the candidate 30 for employment in a direct care position has ever been 31 charged with a crime and, if so, the disposition of those HB3002 Engrossed -2- LRB9200780TAtm 1 charges. This authorization shall indicate the scope of the 2 inquiry and the agencies which may be contacted. Upon this 3 authorization, the Director (or, on or after July 1, 1997, 4 the Secretary) shall request and receive information and 5 assistance from any federal, State or local governmental 6 agency as part of the authorized investigation. The 7 Department of State Police shall provide information 8 concerning any criminal charges, and their disposition, now 9 or hereafter filed against a candidate for employment in a 10 direct care position upon request of the Department when the 11 request is made in the form and manner required by the 12 Department of State Police. 13 Information concerning convictions of a candidate for 14 employment in a direct care position investigated under this 15 Section, including the source of the information and any 16 conclusions or recommendations derived from the information, 17 shall be provided, upon request, to the candidate for 18 employment in a direct care position before final action by 19 the Department on the application. Information on convictions 20 of a candidate for employment in a direct care position under 21 this Act shall be provided to the director of the employing 22 unit, and, upon request, to the candidate for employment in a 23 direct care position. Any information concerning criminal 24 charges and the disposition of those charges obtained by the 25 Department shall be confidential and may not be transmitted 26 outside the Department, except as required in this Act, and 27 may not be transmitted to anyone within the Department except 28 as needed for the purpose of evaluating an application of a 29 candidate for employment in a direct care position. Only 30 information and standards which bear a reasonable and 31 rational relation to the performance of a direct care 32 position shall be used by the Department. Any employee of the 33 Department or the Department of State Police receiving 34 confidential information under this Section who gives or HB3002 Engrossed -3- LRB9200780TAtm 1 causes to be given any confidential information concerning 2 any criminal convictions of a candidate for employment in a 3 direct care position shall be guilty of a Class A misdemeanor 4 unless release of the information is authorized by this 5 Section. 6 A Department employing unit may hire, on a probationary 7 basis, any candidate for employment in a direct care 8 position, authorizing a criminal background investigation 9 under this Section, pending the result of the investigation. 10 A candidate for employment in a direct care position shall be 11 notified before he or she is hired that his or her employment 12 may be terminated on the basis of criminal background 13 information obtained by the employing unit. 14 No person may be employed in a direct care position who 15 refuses to authorize an investigation as required by this 16 subsection (c). 17 (Source: P.A. 90-423, eff. 8-15-97.) 18 (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22) 19 Sec. 22. To accept and hold in behalf of the State, if 20 for the public interest, a grant, gift or legacy of money or 21 property to the State of Illinois, to the Department, or to 22 any facility of the Department made in trust for the 23 maintenance or support of a recipient at a facility of the 24 Department, or for any other legitimate purpose connected 25 with such facility. The Department shall accept any donation 26 for the board and treatment of any recipient. The Department 27 also may accept and hold a grant, gift, or legacy of money or 28 property made or given to a facility of the Department that 29 is no longer operating or to a facility of the Department 30 that is operating under a different name, provided that if 31 the grant, gift or legacy was made for a particular purpose, 32 the Department shall, to the extent practicable, use the 33 grant, gift or legacy in a manner that carries out that HB3002 Engrossed -4- LRB9200780TAtm 1 purpose with regard to another facility operated by the 2 Department for the same purpose, or in the latter case, with 3 regard to that same facility of the Department that is 4 operating under a different name. The Department shall cause 5 each gift, grant or legacy to be kept as a distinct fund, and 6 shall invest the same in the manner provided by the laws of 7 this State as the same now exist, or shall hereafter be 8 enacted, relating to securities in which the deposit in a 9 savings bank may be invested. But the Department may, in its 10 discretion, deposit in a proper trust company or savings 11 bank, during the continuance of the trust, any fund so left 12 in trust for the life of a person, and shall adopt rules and 13 regulations governing the deposit, transfer, or withdrawal of 14 such fund. The Department shall on the expiration of any 15 trust as provided in any instrument creating the same, 16 dispose of the fund thereby created in the manner provided in 17 such instrument.The Department shall include in its annual18report a statement showing what funds are so held by it and19the condition thereof.Monies found on the recipients at the 20 time of their admission, or accruing to them during their 21 period of facility care, and monies deposited with the 22 facility director by relatives, guardians or friends of 23 recipients for the special comfort and pleasure of such 24 recipients, shall remain in the custody of such facility 25 director who shall act as trustee for disbursement to, in 26 behalf of, or for the benefit of such recipients. All types 27 of retirement and pension benefits from private and public 28 sources may be paid directly to the director of the facility 29 where the recipient is a resident, for deposit to the 30 recipient's trust fund account. Banks, trust companies, 31 savings and loan companies and insurance carriers having in 32 their possession funds of $1,000 or less belonging to a 33 recipient in a facility of the Department shall release such 34 funds to the director of the facility where the recipient is HB3002 Engrossed -5- LRB9200780TAtm 1 a resident, for deposit to the recipient's trust fund 2 account. The facility director shall provide a receipt to any 3 bank, trust company, savings and loan company or insurance 4 carrier for the amount received and such receipt shall 5 constitute a valid and sufficient discharge and release of 6 the obligation of such bank, trust company, savings and loan 7 company or insurance carrier to the recipient for whom such 8 payment was so made, to the extent of the payment made. Each 9 facility director shall keep in a book an itemized account of 10 all receipts and expenditures of funds described in the above 11 proviso, which book shall be open at all times to the 12 inspection of the Department. 13 (Source: P.A. 91-357, eff. 7-29-99.) 14 (20 ILCS 1705/48 rep.) 15 (20 ILCS 1705/50 rep.) 16 (20 ILCS 1705/52 rep.) 17 Section 10. The Mental Health and Developmental 18 Disabilities Administrative Act is amended by repealing 19 Sections 48, 50, and 52.