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92_SB1075sam001
LRB9201251EGfgam01
1 AMENDMENT TO SENATE BILL 1075
2 AMENDMENT NO. . Amend Senate Bill 1075 by replacing
3 the title with the following:
4 "AN ACT in relation to human services."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Civil Administrative Code of Illinois is
8 amended by changing Sections 1-5, 5-15, and 5-20 and adding
9 Sections 5-402 and 5-407 as follows:
10 (20 ILCS 5/1-5)
11 Sec. 1-5. Articles. The Civil Administrative Code of
12 Illinois consists of the following Articles:
13 Article 1. Short title and General Provisions (20 ILCS
14 5/1-1 and following).
15 Article 5. Departments of State Government Law (20 ILCS
16 5/5-1 and following).
17 Article 50. State Budget Law (15 ILCS 20/ 50/).
18 Article 110. Department on Aging Law (20 ILCS 110/).
19 Article 205. Department of Agriculture Law (20 ILCS
20 205/).
21 Article 250. State Fair Grounds Title Law (5 ILCS 620/
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1 250/).
2 Article 310. Department of Human Services (Alcoholism and
3 Substance Abuse) Law (20 ILCS 310/).
4 Article 405. Department of Central Management Services
5 Law (20 ILCS 405/).
6 Article 510. Department of Children and Family Services
7 Powers Law (20 ILCS 510/).
8 Article 605. Department of Commerce and Community Affairs
9 Law (20 ILCS 605/).
10 Article 805. Department of Natural Resources
11 (Conservation) Law (20 ILCS 805/).
12 Article 1005. Department of Employment Security Law (20
13 ILCS 1005/).
14 Article 1405. Department of Insurance Law (20 ILCS
15 1405/).
16 Article 1505. Department of Labor Law (20 ILCS 1505/).
17 Article 1710. Department of Human Services (Mental Health
18 and Developmental Disabilities) Law (20 ILCS 1710/).
19 Article 1905. Department of Natural Resources (Mines and
20 Minerals) Law (20 ILCS 1905/).
21 Article 2005. Department of Nuclear Safety Law (20 ILCS
22 2005/).
23 Article 2105. Department of Professional Regulation Law
24 (20 ILCS 2105/).
25 Article 2205. Department of Public Aid Law (20 ILCS
26 2205/).
27 Article 2310. Department of Public Health Powers and
28 Duties Law (20 ILCS 2310/).
29 Article 2400. Department of Rehabilitation Services Law
30 (20 ILCS 2400/).
31 Article 2450. Department of Services for the Visually
32 Impaired Law (20 ILCS 2450/).
33 Article 2505. Department of Revenue Law (20 ILCS 2505/).
34 Article 2605. Department of State Police Law (20 ILCS
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1 2605/).
2 Article 2705. Department of Transportation Law (20 ILCS
3 2705/).
4 Article 3000. University of Illinois Exercise of
5 Functions and Duties Law (110 ILCS 355/).
6 (Source: P.A. 91-239, eff. 1-1-00; revised 7-27-99.)
7 (20 ILCS 5/5-15) (was 20 ILCS 5/3)
8 Sec. 5-15. Departments of State government. The
9 Departments of State government are created as follows:
10 The Department on Aging.
11 The Department of Agriculture.
12 The Department of Central Management Services.
13 The Department of Children and Family Services.
14 The Department of Commerce and Community Affairs.
15 The Department of Corrections.
16 The Department of Employment Security.
17 The Department of Financial Institutions.
18 The Department of Human Rights.
19 The Department of Human Services.
20 The Department of Insurance.
21 The Department of Labor.
22 The Department of the Lottery.
23 The Department of Natural Resources.
24 The Department of Nuclear Safety.
25 The Department of Professional Regulation.
26 The Department of Public Aid.
27 The Department of Public Health.
28 The Department of Rehabilitation Services.
29 The Department of Revenue.
30 The Department of Services for the Visually Impaired.
31 The Department of State Police.
32 The Department of Transportation.
33 The Department of Veterans' Affairs.
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1 (Source: P.A. 91-239, eff. 1-1-00.)
2 (20 ILCS 5/5-20) (was 20 ILCS 5/4)
3 Sec. 5-20. Heads of departments. Each department shall
4 have an officer as its head who shall be known as director or
5 secretary and who shall, subject to the provisions of the
6 Civil Administrative Code of Illinois, execute the powers and
7 discharge the duties vested by law in his or her respective
8 department.
9 The following officers are hereby created:
10 Director of Aging, for the Department on Aging.
11 Director of Agriculture, for the Department of
12 Agriculture.
13 Director of Central Management Services, for the
14 Department of Central Management Services.
15 Director of Children and Family Services, for the
16 Department of Children and Family Services.
17 Director of Commerce and Community Affairs, for the
18 Department of Commerce and Community Affairs.
19 Director of Corrections, for the Department of
20 Corrections.
21 Director of Employment Security, for the Department of
22 Employment Security.
23 Director of Financial Institutions, for the Department of
24 Financial Institutions.
25 Director of Human Rights, for the Department of Human
26 Rights.
27 Secretary of Human Services, for the Department of Human
28 Services.
29 Director of Insurance, for the Department of Insurance.
30 Director of Labor, for the Department of Labor.
31 Director of the Lottery, for the Department of the
32 Lottery.
33 Director of Natural Resources, for the Department of
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1 Natural Resources.
2 Director of Nuclear Safety, for the Department of Nuclear
3 Safety.
4 Director of Professional Regulation, for the Department
5 of Professional Regulation.
6 Director of Public Aid, for the Department of Public Aid.
7 Director of Public Health, for the Department of Public
8 Health.
9 Director of Rehabilitation Services, for the Department
10 of Rehabilitation Services.
11 Director of Revenue, for the Department of Revenue.
12 Director of Services for the Visually Impaired, for the
13 Department of Services for the Visually Impaired.
14 Director of State Police, for the Department of State
15 Police.
16 Secretary of Transportation, for the Department of
17 Transportation.
18 Director of Veterans' Affairs, for the Department of
19 Veterans' Affairs.
20 (Source: P.A. 91-239, eff. 1-1-00.)
21 (20 ILCS 5/5-402 new)
22 Sec. 5-402. In the Department of Rehabilitation Services.
23 The Director of Rehabilitation Services shall receive an
24 annual salary as set by the Governor from time to time or as
25 set by the Compensation Review Board, whichever is greater.
26 (20 ILCS 5/5-407 new)
27 Sec. 5-407. In the Department of Services for the
28 Visually Impaired. The Director of Services for the Visually
29 Impaired shall receive an annual salary as set by the
30 Governor from time to time or as set by the Compensation
31 Review Board, whichever is greater.
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1 Section 10. The Department of Human Services Act is
2 amended by adding Section 80-5 and Article 85 as follows:
3 (20 ILCS 1305/80-5 new)
4 Sec. 80-5. Provisions relating to Department of
5 Rehabilitation Services superseded. The provisions of this
6 Article 80 relating to the Department of Rehabilitation
7 Services are superseded by Article 85 of this Act and
8 Articles 2400 and 2450 of the Civil Administrative Code of
9 Illinois.
10 (20 ILCS 1305/Art. 85 heading new)
11 ARTICLE 85. TRANSFERS RELATING TO REHABILITATION
12 SERVICES AND SERVICES FOR THE VISUALLY IMPAIRED
13 (20 ILCS 1305/85-5 new)
14 Sec. 85-5. Transfer of powers relating to rehabilitation
15 services and services for the blind or visually impaired.
16 (a) All of the rights, powers, duties, and functions
17 vested by law in the Department of Human Services or in any
18 office, council, committee, division, or bureau thereof that
19 relate to rehabilitation services other than services for the
20 blind or visually impaired are transferred to the re-created
21 Department of Rehabilitation Services on July 1, 2002.
22 (b) All of the rights, powers, duties, and functions
23 vested by law in the Department of Human Services or in any
24 office, council, committee, division, or bureau thereof that
25 relate to services for the blind or visually impaired are
26 transferred to the Department of Services for the Visually
27 Impaired on July 1, 2002.
28 (c) In implementing the transfers provided for under
29 this Article, the Department of Human Services, the successor
30 agencies, and all other affected governmental entities and
31 employees shall endeavor to ensure the continued and
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1 unimpaired operation of all programs and services affected by
2 the transfer.
3 (20 ILCS 1305/85-10 new)
4 Sec. 85-10. Transfer of personnel.
5 (a) Except as otherwise provided in this Section, all
6 personnel employed by the Department of Human Services on
7 June 30, 2002 in positions relating to rehabilitation
8 services, other than services for the blind or visually
9 impaired, are transferred to the Department of Rehabilitation
10 Services on July 1, 2002.
11 (b) Except as otherwise provided in this Section, all
12 personnel employed by the Department of Human Services on
13 June 30, 2002 in positions relating to services for the blind
14 or visually impaired are transferred to the Department of
15 Services for the Visually Impaired on July 1, 2002.
16 (c) In the case of a person employed by the Department
17 of Human Services to perform both duties pertaining to a
18 function transferred to a successor agency under this Article
19 and duties pertaining to a function retained by the
20 Department of Human Services, the Secretary, in consultation
21 with the director of the successor agency, shall determine
22 whether to transfer the employee to the successor agency;
23 until that determination has been made, the transfer shall
24 not take effect.
25 (d) In the case of a person employed by the Department
26 of Human Services to perform duties pertaining to functions
27 transferred to more than one successor agency under this
28 Article, the Secretary, in consultation with the directors of
29 the successor agencies, shall determine to which successor
30 agency the employee shall be transferred; until that
31 determination has been made, the transfer shall not take
32 effect.
33 (e) The rights of State employees, the State, and its
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1 agencies under the Personnel Code and applicable collective
2 bargaining agreements and retirement plans are not affected
3 by this Article.
4 (f) Persons serving on an advisory council, board, or
5 other body that is transferred to a successor agency under
6 this Article may continue to serve, without reappointment,
7 until their terms expire or they are otherwise replaced by
8 the administering agency or by operation of law.
9 (20 ILCS 1305/85-15 new)
10 Sec. 85-15. Transfer of property.
11 (a) Except as provided in subsection (c), all books,
12 records, documents, property (real and personal), unexpended
13 appropriations, and pending business pertaining to the
14 rights, powers, duties, and functions transferred to the
15 Department of Rehabilitation Services under this Article
16 shall be transferred and delivered to that Department
17 effective July 1, 2002.
18 (b) Except as provided in subsection (c), all books,
19 records, documents, property (real and personal), unexpended
20 appropriations, and pending business pertaining to the
21 rights, powers, duties, and functions transferred to the
22 Department of Services for the Visually Impaired under this
23 Article shall be transferred and delivered to that Department
24 effective July 1, 2002.
25 (c) In the case of books, records, or documents that
26 pertain both to a function retained by the Department of
27 Human Services and to a function transferred to a successor
28 agency under this Article, or pertain to functions
29 transferred to more than one successor agency under this
30 Article, the Secretary, in consultation with the director of
31 each affected successor agency, shall determine whether the
32 books, records, or documents shall be transferred, copied, or
33 left with the Department of Human Services; until that
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1 determination has been made, the transfer shall not take
2 effect.
3 In the case of property or an unexpended appropriation
4 that pertains both to a function retained by the Department
5 of Human Services and to a function transferred to a
6 successor agency under this Article, or pertains to functions
7 transferred to more than one successor agency under this
8 Article, the Secretary, in consultation with the director of
9 each affected successor agency, shall determine whether the
10 property or unexpended appropriation shall be transferred,
11 divided, or left with the Department of Human Services; until
12 that determination has been made (and, in the case of an
13 unexpended appropriation, notice of the determination has
14 been filed with the State Comptroller), the transfer shall
15 not take effect.
16 (20 ILCS 1305/85-20 new)
17 Sec. 85-20. Rules and standards.
18 (a) The rules and standards of the Department of Human
19 Services that are in effect on June 30, 2002 and pertain to
20 the rights, powers, duties, and functions transferred to the
21 Department of Rehabilitations Services under this Article
22 shall become the rules and standards of the Department of
23 Rehabilitation Services on July 1, 2002 and shall continue in
24 effect until amended or repealed by that Department.
25 (b) The rules and standards of the Department of Human
26 Services that are in effect on June 30, 2002 and pertain to
27 the rights, powers, duties, and functions transferred to the
28 Department of Services for the Visually Impaired under this
29 Article shall become the rules and standards of the
30 Department of Services for the Visually Impaired on July 1,
31 2002 and shall continue in effect until amended or repealed
32 by that Department.
33 (c) Any rules pertaining to the rights, powers, duties,
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1 and functions transferred to a successor agency under this
2 Article that have been proposed by the Department of Human
3 Services but have not taken effect or been finally adopted by
4 June 30, 2002 shall become proposed rules of the successor
5 agency on July 1, 2002, and any rulemaking procedures that
6 have already been completed by the Department of Human
7 Services for those proposed rules need not be repeated.
8 (d) As soon as practical after July 1, 2002, the
9 successor agencies shall revise and clarify the rules
10 transferred to them under this Article to reflect the
11 reorganization of rights, powers, duties, and functions
12 effected by this Article, using the procedures for
13 recodification of rules available under the Illinois
14 Administrative Procedure Act; except that existing title,
15 part, and section numbering for the affected rules may be
16 retained. The Department of Human Services and the successor
17 agencies may propose and adopt under the Illinois
18 Administrative Procedure Act such other rules as may be
19 necessary to consolidate and clarify the rules of the
20 agencies reorganized under this Article.
21 (20 ILCS 1305/85-25 new)
22 Sec. 85-25. Savings provisions.
23 (a) The rights, powers, duties, and functions
24 transferred from the Department of Human Services by this
25 Article shall be vested in and exercised by the successor
26 agencies subject to the provisions of this Article. An act
27 done by a successor agency or an officer, employee, or agent
28 of a successor agency in the exercise of the transferred
29 rights, powers, duties, or functions shall have the same
30 legal effect as if done by the Department or an officer,
31 employee, or agent of the Department.
32 (b) The transfer of rights, powers, duties, and
33 functions from the Department of Human Services under this
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1 Article does not invalidate any previous action taken by or
2 in respect to the Department or its officers, employees, or
3 agents.
4 (c) The transfer of rights, powers, duties, and
5 functions from the Department of Human Services under this
6 Article does not affect any person's rights, obligations, or
7 duties, including any civil or criminal penalties applicable
8 thereto, arising out of those transferred rights, powers,
9 duties, and functions.
10 (d) With respect to matters that pertain to a right,
11 power, duty, or function transferred from the Department of
12 Human Services under this Article:
13 (1) Beginning July 1, 2002, a report or notice that
14 was previously required to be made or given by any person
15 to the Department or any of its officers, employees, or
16 agents shall be made or given in the same manner to the
17 successor agency or its appropriate officer, employee, or
18 agent.
19 (2) Beginning July 1, 2002, a document that was
20 previously required to be furnished or served by any
21 person to or upon the Department or any of its officers,
22 employees, or agents shall be furnished or served in the
23 same manner to or upon the successor agency or its
24 appropriate officer, employee, or agent.
25 (e) This Article does not affect any act done, ratified,
26 or cancelled, any right occurring or established, or any
27 action or proceeding had or commenced in an administrative,
28 civil, or criminal cause before July 1, 2002. Any such
29 action or proceeding that pertains to a right, power, duty,
30 or function transferred from the Department of Human Services
31 under this Article and that is pending on that date may be
32 prosecuted, defended, or continued by the successor agency.
33 (20 ILCS 1305/85-30 new)
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1 Sec. 85-30. References. Beginning July 1, 2002, in
2 statutes, rules, documents, agreements, and other material
3 relating to any of the rights, powers, duties, or functions
4 transferred by this Article:
5 (1) References to the Department of Human Services,
6 in appropriate contexts, shall be deemed to refer to the
7 applicable successor agency under this Article.
8 (2) References to the Secretary of Human Services,
9 in appropriate contexts, shall be deemed to refer to the
10 director of the applicable successor agency under this
11 Article.
12 (3) References to the Department of Rehabilitation
13 Services, in contexts relating to services for the
14 visually impaired that are administered by the Department
15 of Services for the Visually Impaired, shall be deemed to
16 refer to the Department of Services for the Visually
17 Impaired.
18 (4) References to the Director of Rehabilitation
19 Services, in contexts relating to services for the
20 visually impaired that are administered by the Department
21 of Services for the Visually Impaired, shall be deemed to
22 refer to the Director of Services for the Visually
23 Impaired.
24 Section 15. The Civil Administrative Code of Illinois is
25 amended by adding Articles 2400 and 2450 as follows:
26 (20 ILCS 2400/Art. 2400 heading new)
27 ARTICLE 2400. DEPARTMENT OF REHABILITATION SERVICES
28 (20 ILCS 2400/2400-1 new)
29 Sec. 2400-1. Article short title. This Article 2400 of
30 the Civil Administrative Code of Illinois may be cited as the
31 Department of Rehabilitation Services Law.
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1 (20 ILCS 2400/2400-5 new)
2 Sec. 2400-5. Purpose. It is the purpose of this Law to
3 provide for the re-creation of the Department of
4 Rehabilitation Services and to transfer to it certain rights,
5 powers, duties, and functions relating to rehabilitation
6 (other than services for the blind and visually impaired)
7 that were vested by law in the Department of Human Services
8 as of June 30, 2002. This transfer is intended to make
9 possible the more effective and efficient operation of the
10 affected programs and services and to maximize the available
11 federal funding for those programs and services.
12 (20 ILCS 2400/2400-10 new)
13 Sec. 2400-10. Definitions. In this Law, unless the
14 context otherwise indicates:
15 "Department" means the Department of Rehabilitation
16 Services.
17 "Director" means the Director of Rehabilitation Services.
18 (20 ILCS 2400/2400-15 new)
19 Sec. 2400-15. Operation; organization.
20 (a) The Department of Rehabilitation Services is
21 re-created and shall begin operation on July 1, 2002.
22 (b) The Department shall be under the direction of the
23 Director of Rehabilitation Services.
24 (c) The Director may appoint one or more Associate
25 Directors. The duties and compensation of the Associate
26 Directors shall be determined by the Director.
27 (d) The Director shall create divisions and
28 administrative units within the Department and shall assign
29 functions, powers, duties, and personnel as may now or in the
30 future be required by State or federal law. The Director may
31 create other divisions and administrative units and may
32 assign other functions, powers, duties, and personnel as may
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1 be necessary or desirable to carry out the functions and
2 responsibilities vested by law in the Department.
3 (20 ILCS 2400/2400-20 new)
4 Sec. 2400-20. General powers and duties.
5 (a) The Department shall exercise the rights, powers,
6 duties, and functions provided by law, including (but not
7 limited to) the rights, powers, duties, and functions
8 transferred to the Department under Article 85 of the
9 Department of Human Services Act.
10 (b) Whenever an Act or program administered by the
11 Department includes a component that relates to services for
12 the visually impaired, the Director, in consultation with the
13 Director of Services for the Visually Impaired, shall
14 consider whether all or a portion of the administration of
15 that Act or program should lie within the purview of the
16 Department of Services for the Visually Impaired. If the
17 Directors, in consultation, determine that all or a portion
18 of the administration of that Act or program should be
19 undertaken by the Department of Services for the Visually
20 Impaired, the Directors shall provide by administrative
21 agreement for the transfer of the appropriate administrative
22 responsibilities to the Department of Services for the
23 Visually Impaired.
24 (c) The Department may employ personnel in accordance
25 with the Personnel Code, provide facilities, contract for
26 goods and services, and adopt rules as necessary to carry out
27 its functions and purposes, all in accordance with applicable
28 State and federal law.
29 (20 ILCS 2450/Art. 2450 heading new)
30 ARTICLE 2450. DEPARTMENT OF SERVICES
31 FOR THE VISUALLY IMPAIRED
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1 (20 ILCS 2450/2450-1 new)
2 Sec. 2450-1. Article short title. This Article 2450 of
3 the Civil Administrative Code of Illinois may be cited as the
4 Department of Services for the Visually Impaired Law.
5 (20 ILCS 2450/2450-5 new)
6 Sec. 2450-5. Purpose. It is the purpose of this Law to
7 provide for the creation of the Department of Services for
8 the Visually Impaired and to transfer to it certain rights,
9 powers, duties, and functions relating to services for the
10 blind and visually impaired that were vested by law in the
11 Department of Human Services as of June 30, 2002. This
12 transfer is intended to make possible the more effective and
13 efficient operation of the affected programs and services and
14 to maximize the available federal funding for those programs
15 and services.
16 (20 ILCS 2450/2450-10 new)
17 Sec. 2450-10. Definitions. In this Law, unless the
18 context otherwise indicates:
19 "Department" means the Department of Services for the
20 Visually Impaired.
21 "Director" means the Director of Services for the
22 Visually Impaired.
23 (20 ILCS 2450/2450-15 new)
24 Sec. 2450-15. Operation; organization.
25 (a) The Department of Services for the Visually Impaired
26 is created and shall begin operation on July 1, 2002.
27 (b) The Department shall be under the direction of the
28 Director of Services for the Visually Impaired.
29 (c) The Director may appoint one or more Associate
30 Directors. The duties and compensation of the Associate
31 Directors shall be determined by the Director.
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1 (d) The Director shall create divisions and
2 administrative units within the Department and shall assign
3 functions, powers, duties, and personnel as may now or in the
4 future be required by State or federal law. The Director may
5 create other divisions and administrative units and may
6 assign other functions, powers, duties, and personnel as may
7 be necessary or desirable to carry out the functions and
8 responsibilities vested by law in the Department.
9 (20 ILCS 2450/2450-20 new)
10 Sec. 2450-20. General powers and duties.
11 (a) The Department shall exercise the rights, powers,
12 duties, and functions provided by law, including (but not
13 limited to) the rights, powers, duties, and functions
14 transferred to the Department under Article 85 of the
15 Department of Human Services Act.
16 (b) The Department may employ personnel in accordance
17 with the Personnel Code, provide facilities, contract for
18 goods and services, and adopt rules as necessary to carry out
19 its functions and purposes, all in accordance with applicable
20 State and federal law.
21 Section 90. The Disabled Persons Rehabilitation Act is
22 amended by changing Sections 1b, 10, 12a, and 13a as follows:
23 (20 ILCS 2405/1b) (from Ch. 23, par. 3432)
24 Sec. 1b. For the purpose of this Act, the term "person
25 with one or more disabilities" means any person who, by
26 reason of a physical or mental impairment, is or may be
27 expected to be totally or partially incapacitated for
28 independent living or gainful employment; the term
29 "rehabilitation" or "habilitation" means those vocational or
30 other appropriate services which increase the opportunities
31 for independent functioning or gainful employment; the term
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1 "comprehensive rehabilitation" means those services necessary
2 and appropriate for increasing the potential for independent
3 living or gainful employment as applicable; the term
4 "vocational rehabilitation administrator" means the head of
5 the designated State unit within the Department responsible
6 for administration of rehabilitation services provided for in
7 this Act, including but not limited to the administration of
8 the federal Rehabilitation Act; the term "Department" means
9 the Department of Rehabilitation Human Services; and the term
10 "Director" "Secretary" means the Director of Rehabilitation
11 Services Secretary of Human Services.
12 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
13 (20 ILCS 2405/10) (from Ch. 23, par. 3441)
14 Sec. 10. Residential schools; visual and hearing
15 handicaps.
16 (a) The Department of Rehabilitation Human Services
17 shall operate residential schools for the education of
18 children with visual and hearing handicaps who are unable to
19 take advantage of the regular educational facilities provided
20 in the community, and shall provide in connection therewith
21 such academic, vocational, and related services as may be
22 required. Children shall be eligible for admission to these
23 schools only after proper diagnosis and evaluation, in
24 accordance with procedures prescribed by the Department.
25 (b) In administering the Illinois School for the Deaf,
26 the Department shall adopt an admission policy which permits
27 day or residential enrollment, when resources are sufficient,
28 of children with hearing handicaps who are able to take
29 advantage of the regular educational facilities provided in
30 the community and thus unqualified for admission under
31 subsection (a). In doing so, the Department shall establish
32 an annual deadline by which shall be completed the enrollment
33 of children qualified under subsection (a) for admission to
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1 the Illinois School for the Deaf. After the deadline, the
2 Illinois School for the Deaf may enroll other children with
3 hearing handicaps at the request of their parents or
4 guardians if the Department determines there are sufficient
5 resources to meet their needs as well as the needs of
6 children enrolled before the deadline and children qualified
7 under subsection (a) who may be enrolled after the deadline
8 on an emergency basis. The Department shall adopt any rules
9 and regulations necessary for the implementation of this
10 subsection.
11 (c) The Department of Services for the Visually Impaired
12 shall operate residential schools for the education of
13 children with visual handicaps who are unable to take
14 advantage of the regular educational facilities provided in
15 the community, and shall provide in connection therewith such
16 academic, vocational, and related services as may be
17 required. Children shall be eligible for admission to these
18 schools only after proper diagnosis and evaluation, in
19 accordance with procedures prescribed by the Department of
20 Services for the Visually Impaired.
21 In administering the Illinois School for the Visually
22 Impaired, the Department of Services for the Visually
23 Impaired shall adopt an admission policy that permits day or
24 residential enrollment, when resources are sufficient, of
25 children with visual handicaps who are able to take advantage
26 of the regular educational facilities provided in the
27 community and thus unqualified for admission under subsection
28 (a). In doing so, the Department of Services for the
29 Visually Impaired shall establish an annual deadline by which
30 the enrollment of children qualified under this subsection
31 (a) for admission to the Illinois School for the Visually
32 Impaired shall be completed. After the deadline, the
33 Illinois School for the Visually Impaired may enroll other
34 children with visual handicaps at the request of their
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1 parents or guardians if the Department of Services for the
2 Visually Impaired determines there are sufficient resources
3 to meet their needs as well as the needs of children enrolled
4 before the deadline and children qualified under subsection
5 (a) who may be enrolled after the deadline on an emergency
6 basis. The Department of Services for the Visually Impaired
7 shall adopt any rules and regulations necessary for the
8 implementation of this subsection.
9 (Source: P.A. 89-264, eff. 8-10-95; 89-507, eff. 7-1-97.)
10 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
11 Sec. 12a. Centers for independent living.
12 (a) Purpose. Recognizing that persons with significant
13 disabilities deserve a high quality of life within their
14 communities regardless of their disabilities, the Department,
15 working with the Statewide Independent Living Council, shall
16 develop a State plan for submission on an annual basis to the
17 Commissioner. The Department shall adopt rules for
18 implementing the State plan in accordance with the federal
19 Act, including rules adopted under the federal Act governing
20 the award of grants.
21 (b) Definitions. As used in this Section, unless the
22 context clearly requires otherwise:
23 "Federal Act" means the federal Rehabilitation Act of
24 1973, as amended.
25 "Center for independent living" means a consumer
26 controlled, community based, cross-disability,
27 non-residential, private non-profit agency that is designated
28 and operated within a local community by individuals with
29 disabilities and provides an array of independent living
30 services.
31 "Consumer controlled" means that the center for
32 independent living vests power and authority in individuals
33 with disabilities and that at least 51% of the directors of
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1 the center are persons with one or more disabilities as
2 defined by this Act.
3 "Commissioner" means the Commissioner of the
4 Rehabilitation Services Administration in the United States
5 Department of Education.
6 "Council" means the Statewide Independent Living Council
7 appointed under subsection (d).
8 "Individual with a disability" means any individual who
9 has a physical or mental impairment that substantially limits
10 a major life activity, has a record of such an impairment, or
11 is regarded as having such an impairment.
12 "Individual with a significant disability" means an
13 individual with a significant physical or mental impairment,
14 whose ability to function independently in the family or
15 community or whose ability to obtain, maintain, or advance in
16 employment is substantially limited and for whom the delivery
17 of independent living services will improve the ability to
18 function, continue functioning, or move toward functioning
19 independently in the family or community or to continue in
20 employment.
21 "State plan" means the materials submitted by the
22 Department to the Commissioner on an annual basis that
23 contain the State's proposal for:
24 (1) The provision of statewide independent living
25 services.
26 (2) The development and support of a statewide
27 network of centers for independent living.
28 (3) Working relationships between (i) programs
29 providing independent living services and independent
30 living centers and (ii) the vocational rehabilitation
31 program administered by the Department under the federal
32 Act and other programs providing services for individuals
33 with disabilities.
34 (c) Authority. The unit of the Department of
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1 Rehabilitation Services headed by the vocational
2 rehabilitation administrator shall be designated the State
3 unit under Title VII of the federal Act and shall have the
4 following responsibilities:
5 (1) To receive, account for, and disburse funds
6 received by the State under the federal Act based on the
7 State plan.
8 (2) To provide administrative support services to
9 centers for independent living programs.
10 (3) To keep records, and take such actions with
11 respect to those records, as the Commissioner finds to be
12 necessary with respect to the programs.
13 (4) To submit additional information or provide
14 assurances the Commissioner may require with respect to
15 the programs.
16 The vocational rehabilitation administrator and the
17 Chairperson of the Council are responsible for jointly
18 developing and signing the State plan required by Section 704
19 of the federal Act. The State plan shall conform to the
20 requirements of Section 704 of the federal Act.
21 (d) Statewide Independent Living Council.
22 The Governor shall appoint a Statewide Independent Living
23 Council, comprised of 18 members, which shall be established
24 as an entity separate and distinct from the Department. The
25 composition of the Council shall include the following:
26 (1) At least one director of a center for
27 independent living chosen by the directors of centers for
28 independent living within the State.
29 (2) A representative from the unit of the
30 Department of Rehabilitation Human Services responsible
31 for the administration of the vocational rehabilitation
32 program and a representative from another unit in the
33 Department of Rehabilitation Human Services that provides
34 services for individuals with disabilities and a
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1 representative each from the Department on Aging, the
2 Department of Human Services, the Department of Services
3 for the Visually Impaired, the State Board of Education,
4 and the Department of Children and Family Services, all
5 as ex-officio, non-voting members who shall not be
6 counted in the 18 members appointed by the Governor.
7 In addition, the Council may include the following:
8 (A) One or more representatives of centers for
9 independent living.
10 (B) One or more parents or guardians of individuals
11 with disabilities.
12 (C) One or more advocates for individuals with
13 disabilities.
14 (D) One or more representatives of private
15 business.
16 (E) One or more representatives of organizations
17 that provide services for individuals with disabilities.
18 (F) Other appropriate individuals.
19 After soliciting recommendations from organizations
20 representing a broad range of individuals with disabilities
21 and organizations interested in individuals with
22 disabilities, the Governor shall appoint members of the
23 Council for terms beginning July 1, 1993. The Council shall
24 be composed of members (i) who provide statewide
25 representation; (ii) who represent a broad range of
26 individuals with disabilities from diverse backgrounds; (iii)
27 who are knowledgeable about centers for independent living
28 and independent living services; and (iv) a majority of whom
29 are persons who are individuals with disabilities and are not
30 employed by any State agency or center for independent
31 living.
32 The council shall elect a chairperson from among its
33 voting membership.
34 Each member of the Council shall serve for terms of 3
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1 years, except that (i) a member appointed to fill a vacancy
2 occurring before the expiration of the term for which the
3 predecessor was appointed shall be appointed for the
4 remainder of that term and (ii) terms of the members
5 initially appointed after the effective date of this
6 amendatory Act of 1993 shall be as follows: 6 of the initial
7 members shall be appointed for terms of one year, 6 shall be
8 appointed for terms of 2 years, and 6 shall be appointed for
9 terms of 3 years. No member of the council may serve more
10 than 2 consecutive full terms.
11 Appointments to fill vacancies in unexpired terms and new
12 terms shall be filled by the Governor or by the Council if
13 the Governor delegates that power to the Council by executive
14 order. The vacancy shall not affect the power of the
15 remaining members to execute the powers and duties of the
16 Council. The Council shall have the duties enumerated in
17 subsections (c), (d), and (e) of Section 705 of the federal
18 Act.
19 Members shall be reimbursed for their actual expenses
20 incurred in the performance of their duties, including
21 expenses for travel, child care, and personal assistance
22 services, and a member who is not employed or who must
23 forfeit wages from other employment shall be paid reasonable
24 compensation for each day the member is engaged in performing
25 the duties of the Council. The reimbursement or compensation
26 shall be paid from moneys made available to the Department
27 under Part B of Title VII of the federal Act.
28 In addition to the powers and duties granted to advisory
29 boards by Section 5-505 of the Departments of State
30 Government Law (20 ILCS 5/5-505), the Council shall have the
31 authority to appoint jointly with the vocational
32 rehabilitation administrator a peer review committee to
33 consider and make recommendations for grants to eligible
34 centers for independent living.
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1 (e) Grants to centers for independent living. Each
2 center for independent living that receives assistance from
3 the Department under this Section shall comply with the
4 standards and provide and comply with the assurances that are
5 set forth in the State plan and consistent with Section 725
6 of the federal Act. Each center for independent living
7 receiving financial assistance from the Department shall
8 provide satisfactory assurances at the time and in the manner
9 the vocational rehabilitation administrator requires.
10 Beginning October 1, 1994, the vocational rehabilitation
11 administrator may award grants to any eligible center for
12 independent living that is receiving funds under Title VII of
13 the federal Act, unless the vocational rehabilitation
14 administrator makes a finding that the center for independent
15 living fails to comply with the standards and assurances set
16 forth in Section 725 of the federal Act.
17 If there is no center for independent living serving a
18 region of the State or the region is underserved, and the
19 State receives a federal increase in its allotment sufficient
20 to support one or more additional centers for independent
21 living in the State, the vocational rehabilitation
22 administrator may award a grant under this subsection to one
23 or more eligible agencies, consistent with the provisions of
24 the State plan setting forth the design of the State for
25 establishing a statewide network for centers for independent
26 living.
27 In selecting from among eligible agencies in awarding a
28 grant under this subsection for a new center for independent
29 living, the vocational rehabilitation administrator and the
30 chairperson of (or other individual designated by) the
31 Council acting on behalf of and at the direction of the
32 Council shall jointly appoint a peer review committee that
33 shall rank applications in accordance with the standards and
34 assurances set forth in Section 725 of the federal Act and
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1 criteria jointly established by the vocational rehabilitation
2 administrator and the chairperson or designated individual.
3 The peer review committee shall consider the ability of the
4 applicant to operate a center for independent living and
5 shall recommend an applicant to receive a grant under this
6 subsection based on the following:
7 (1) Evidence of the need for a center for
8 independent living, consistent with the State plan.
9 (2) Any past performance of the applicant in
10 providing services comparable to independent living
11 services.
12 (3) The applicant's plan for complying with, or
13 demonstrated success in complying with, the standards and
14 assurances set forth in Section 725 of the federal Act.
15 (4) The quality of key personnel of the applicant
16 and the involvement of individuals with significant
17 disabilities by the applicant.
18 (5) The budgets and cost effectiveness of the
19 applicant.
20 (6) The evaluation plan of the applicant.
21 (7) The ability of the applicant to carry out the
22 plan.
23 The vocational rehabilitation administrator shall award
24 the grant on the basis of the recommendation of the peer
25 review committee if the actions of the committee are
26 consistent with federal and State law.
27 (f) Evaluation and review. The vocational
28 rehabilitation administrator shall periodically review each
29 center for independent living that receives funds from the
30 Department under Title VII of the federal Act, or moneys
31 appropriated from the General Revenue Fund, to determine
32 whether the center is in compliance with the standards and
33 assurances set forth in Section 725 of the federal Act. If
34 the vocational rehabilitation administrator determines that
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1 any center receiving those federal or State funds is not in
2 compliance with the standards and assurances set forth in
3 Section 725, the vocational rehabilitation administrator
4 shall immediately notify the center that it is out of
5 compliance. The vocational rehabilitation administrator
6 shall terminate all funds to that center 90 days after the
7 date of notification or, in the case of a center that
8 requests an appeal, the date of any final decision, unless
9 the center submits a plan to achieve compliance within 90
10 days and that plan is approved by the vocational
11 rehabilitation administrator or (if on appeal) by the
12 Commissioner.
13 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
14 90-372, eff. 7-1-98; 90-453, eff. 8-16-97; 91-239, eff.
15 1-1-00; 91-540, eff. 8-13-99; revised 10-25-99.)
16 (20 ILCS 2405/13a) (from Ch. 23, par. 3444a)
17 Sec. 13a. (a) The Department shall be responsible for
18 coordinating the establishment of local Transition Planning
19 Committees. Members of the committees shall consist of
20 representatives from special education; vocational and
21 regular education; post-secondary education; parents of youth
22 with disabilities; persons with disabilities; local business
23 or industry; the Department of Rehabilitation Services; the
24 Department of Services for the Visually Impaired; the
25 Department of Human Services; public and private adult
26 service providers; case coordination; and other consumer,
27 school, and adult services as appropriate. The Committee
28 shall elect a chair and shall meet at least quarterly. Each
29 Transition Planning Committee shall:
30 (1) identify current transition services, programs,
31 and funding sources provided within the community for
32 secondary and post-secondary aged youth with disabilities
33 and their families as well as the development of
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1 strategies to address unmet needs;
2 (2) facilitate the development of transition
3 interagency teams to address present and future
4 transition needs of individual students on their
5 individual education plans;
6 (3) develop a mission statement that emphasizes the
7 goals of integration and participation in all aspects of
8 community life for persons with disabilities;
9 (4) provide for the exchange of information such as
10 appropriate data, effectiveness studies, special
11 projects, exemplary programs, and creative funding of
12 programs;
13 (5) develop consumer in-service and awareness
14 training programs in the local community; and
15 (6) assist in staff training for individual
16 transition planning and student transition needs
17 assessment.
18 (b) Each Transition Planning Committee shall select a
19 chair from among its members who shall serve for a term of
20 one year. Each committee shall meet at least quarterly, or
21 at such other times at the call of the chair.
22 (c) Each Transition Planning Committee shall annually
23 prepare and submit to the Interagency Coordinating Council a
24 summary which assesses the level of currently available
25 services in the community as well as the level of unmet needs
26 of secondary students with disabilities.
27 (Source: P.A. 89-507, eff. 7-1-97.)
28 Section 91. The Bureau for the Blind Act is amended by
29 changing Sections 2, 3, and 7 as follows:
30 (20 ILCS 2410/2) (from Ch. 23, par. 3412)
31 Sec. 2. Definitions. As used in this Act:
32 (a) "Bureau" means the Bureau for the Blind.
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1 (b) "Department" means the Department of Human Services
2 for the Visually Impaired.
3 (c) "Director" Secretary means the Director of Services
4 for the Visually Impaired Secretary of Human Services.
5 (d) "Bureau Director" means the Director of the Bureau
6 for the Blind.
7 (e) "Blind" means any person whose central visual acuity
8 does not exceed 20/200 in the better eye with corrective
9 lenses or a visually impaired person whose vision with best
10 correction is 20/60 in the better eye, or with a field
11 restriction of 105 degrees if monocular vision; 140 degrees
12 if binocular vision.
13 (f) "Blind Services Planning Council" or "Council" means
14 that Council established pursuant to Section 7.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 (20 ILCS 2410/3) (from Ch. 23, par. 3413)
17 Sec. 3. Creation. A Bureau for the Blind shall be
18 established within the Department of Services for the
19 Visually Impaired division or other programmatic unit of the
20 Department of Human Services that administers vocational
21 rehabilitation services under the federal Rehabilitation Act
22 of 1973, as amended. The Bureau shall be headed by a Bureau
23 Director who shall be fully qualified by education,
24 experience and demonstrated ability. If all other attributes
25 are equal, preference shall be given to a blind person. The
26 Bureau Director shall be appointed by the Director Secretary
27 of the Department with full consideration given to a list of
28 candidates recommended by the Blind Services Planning
29 Council. The Bureau Director shall report to the Director
30 Secretary and be fully responsible for administering the
31 offices of the Bureau. The Bureau shall be staffed with an
32 adequate number of professional people especially qualified
33 to develop specialized services to blind people, with
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1 appropriate preference given in choosing staff to those who
2 are blind.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (20 ILCS 2410/7) (from Ch. 23, par. 3417)
5 Sec. 7. Council. There shall be created within the
6 Department a Blind Services Planning Council which shall
7 review the actions of the Bureau for the Blind and provide
8 advice and consultation to the Director Secretary on services
9 to blind people. The Council shall be composed of 11 members
10 appointed by the Governor. All members shall be selected
11 because of their ability to provide worthwhile consultation
12 or services to the blind. No fewer than 6 members shall be
13 blind. A relative balance between the number of males and
14 females shall be maintained. Broad representation shall be
15 sought by appointment, with 2 members from each of the major
16 statewide consumer organizations of the blind and one member
17 from a specific service area including, but not limited to,
18 the Hadley School for the Blind, Chicago Lighthouse,
19 Department-approved Low Vision Aides Clinics, Vending
20 Facilities Operators, the Association for the Education and
21 Rehabilitation of the Blind and Visually Impaired (AER),
22 blind homemakers, outstanding competitive employers of blind
23 people, providers and recipients of income maintenance
24 programs, in-home care programs, subsidized housing, nursing
25 homes and homes for the blind.
26 Initially, 4 members shall be appointed for terms of one
27 year, 4 for terms of 2 years and 3 for terms of 3 years with
28 a partial term of 18 months or more counting as a full term.
29 Subsequent terms shall be 3 years each. No member shall
30 serve more than 2 terms. No Department employee shall be a
31 member of the Council.
32 Members shall be removed for cause including, but not
33 limited to, demonstrated incompetence, unethical behavior and
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1 unwillingness or inability to serve.
2 Members shall serve without pay but shall be reimbursed
3 for actual expenses incurred in the performance of their
4 duties.
5 Members shall be governed by appropriate and applicable
6 State and federal statutes and regulations on matters such as
7 ethics, confidentiality, freedom of information, travel and
8 civil rights.
9 Department staff may attend meetings but shall not be a
10 voting member of the Council. The Council shall elect a
11 chairperson and a recording secretary from among its number.
12 Sub-committees and ad hoc committees may be created to
13 concentrate on specific program components or initiative
14 areas.
15 The Council shall perform the following functions:
16 (a) facilitate communication and cooperative efforts
17 between the Department and all agencies which have any
18 responsibility to deliver services to blind and visually
19 impaired persons.
20 (b) identify needs and problems related to blind and
21 visually impaired persons, including children, adults, and
22 seniors, and make recommendations to the Director Secretary,
23 Bureau Director, and Governor.
24 (c) recommend programmatic and fiscal priorities
25 governing the provision of services and awarding of grants or
26 contracts by the Department to any person or agency, public
27 or private.
28 (d) conduct, encourage and advise independent research
29 by qualified evaluators to improve services to blind and
30 visually impaired persons, including those with multiple
31 handicaps.
32 (e) participate in the development and review of
33 proposed and amended rules and regulations of the Department
34 relating to services for the blind and visually impaired.
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1 (f) review and comment on all budgets (drafted and
2 submitted) relating to services for blind and visually
3 impaired persons.
4 (g) promote policies and programs to educate the public
5 and elicit public support for services to blind and visually
6 impaired persons.
7 (h) encourage creative and innovative programs to
8 strengthen, expand and improve services for blind and
9 visually impaired persons, including outreach services.
10 (i) perform such other duties as may be required by the
11 Governor, Director Secretary, and Bureau Director.
12 The Council shall supersede and replace all advisory
13 committees now functioning within the Bureau of
14 Rehabilitation Services for the Blind, with the exception of
15 federally mandated advisory groups.
16 (Source: P.A. 89-507, eff. 7-1-97.)
17 Section 92. The Blind Persons Operating Vending
18 Facilities Act is amended by changing Sections 2, 3, 5, and 7
19 as follows:
20 (20 ILCS 2420/2) (from Ch. 23, par. 3332)
21 Sec. 2. Definitions. As used in this Act, unless
22 otherwise indicated, the terms below mean:
23 1. "Department" means the Department of Human Services
24 for the Visually Impaired;
25 2. "Director Secretary" means the Director of the
26 Department Secretary of Human Services;
27 3. "Vending Facility" means, but is not limited to,
28 automatic vending machines, manually operated snackbars,
29 cafeterias, cart service, shelters, counters, portable and
30 semi-portable structures, and such other appropriate
31 auxiliary equipment as the Director Secretary may prescribe
32 by regulation as being necessary for the sale of foods,
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1 beverages, products and other articles or services dispensed
2 or provided automatically or manually and prepared on or off
3 the premises;
4 4. "Blind Person" means a person whose central visual
5 acuity does not exceed 20/200 in the better eye with
6 corrective lenses or whose visual acuity, if better than
7 20/200, is accompanied by a limit to the field of vision in
8 the better eye such that its widest diameter subtends an
9 angle of no greater than 20 degrees. In determining whether
10 an individual is blind, there shall be an examination by an
11 ophthalmologist or by an optometrist, whichever the
12 individual shall select;
13 5. "Operator" means a self-employed blind person
14 licensed by the Department to operate a vending facility.
15 (Source: P.A. 89-507, eff. 7-1-97.)
16 (20 ILCS 2420/3) (from Ch. 23, par. 3333)
17 Sec. 3. Cooperation with the Department.) Each officer
18 and employee, hereinafter referred to as property custodian,
19 of a department, agency, board, commission, educational
20 institution, hospital or other branch of the State or local
21 governmental unit or school district or instrumentalities
22 thereof, who is charged with the responsibility of permitting
23 the operation of vending facilities on any public property
24 shall cooperate with the Department in its program to return
25 trained and qualified blind persons to remunerative
26 employment and to assist the Department in making a survey of
27 possibilities for the operation by such blind persons and the
28 employment of such blind persons in the operation of vending
29 facilities on public property over which he exercises
30 authority. Such property custodians shall give preference to
31 blind persons when granting permission to operate a vending
32 facility where the Director Secretary determines that such
33 vending facility can be properly and satisfactorily operated
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1 by blind persons.
2 (Source: P.A. 89-507, eff. 7-1-97.)
3 (20 ILCS 2420/5) (from Ch. 23, par. 3335)
4 Sec. 5. Non-profit corporations as trustees of vending
5 facility program; Reimbursement of expenses. The Department
6 may, in its discretion, utilize appropriate not for profit
7 corporations organized under the laws of this State, or other
8 agencies, as trustees to provide day-to-day management and
9 supervisory services for the Illinois vending facility
10 program for the blind. The corporations and other agencies
11 providing services and benefits as designated trustees shall
12 be reimbursed for their actual and necessary expenses by the
13 operators of the vending facility units which comprise the
14 Illinois vending facility program for the blind and by
15 federal matching funds, pursuant to the provisions of the
16 Disabled Persons Rehabilitation Act and the federal
17 Rehabilitation Act of 1973, as now or hereafter amended.
18 Payments made by the operators for the foregoing purpose and
19 other lawful purposes shall be in amounts, in addition to
20 federal matching funds, reasonably necessary for the
21 conducting of the program and shall be determined from time
22 to time by the Department and such advisory bodies as may be
23 appointed by the Director Secretary.
24 (Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
25 (20 ILCS 2420/7) (from Ch. 23, par. 3337)
26 Sec. 7. Rules and regulations - Administrative
27 procedures - Judicial review. The Director Secretary may
28 prescribe rules and regulations for the administration of the
29 vending facilities program for the blind. Such rules and
30 regulations shall be consistent with pertinent Federal Acts.
31 The Director Secretary shall prescribe rules and
32 regulations establishing procedures which will protect the
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1 rights and interests of blind persons licensed by the
2 Department.
3 The provisions of the Administrative Review Law, and all
4 amendments and modifications thereof, and the rules adopted
5 pursuant thereto shall apply to and govern all proceedings
6 for the judicial review of final administrative decisions
7 made under this Act.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 Section 93. The Hearing Impaired and Behavior Disordered
10 Children Services Act is amended by changing Section 1 as
11 follows:
12 (20 ILCS 2425/1) (from Ch. 23, par. 3405)
13 Sec. 1. The Department of Rehabilitation Services shall
14 study the needs of hearing impaired and behavior disordered
15 children in this State and shall develop a State plan for the
16 provision of a continuum of services appropriate for meeting
17 those needs. The Department's study shall include
18 consideration of the role of local services and the
19 responsibility of State agencies in the delivery of such
20 services.
21 In achieving the purposes of this Act, the Department of
22 Rehabilitation Services shall be assisted by the Department
23 of Mental Health and Developmental Disabilities and the State
24 Board of Education and shall seek advice from consumers and
25 consumer groups.
26 The Department of Rehabilitation Services shall submit
27 its plan to the General Assembly by April 1, 1990.
28 Beginning July 1, 1997 and until July 1, 2002, the State
29 plan referred to in this Section shall be under the
30 administration of the Department of Human Services as
31 successor to the Department of Rehabilitation Services.
32 Beginning July 1, 2002, the State plan referred to in this
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1 Section shall be under the administration of the Department
2 of Rehabilitative Services as successor to the Department of
3 Human Services.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 Section 94. The Abuse of Adults with Disabilities
6 Intervention Act is amended by changing Sections 15, 20, 35,
7 and 55 as follows:
8 (20 ILCS 2435/15) (from Ch. 23, par. 3395-15)
9 Sec. 15. Definitions. As used in this Act:
10 "Abuse" means causing any physical, sexual, or mental
11 injury to an adult with disabilities, including exploitation
12 of the adult's financial resources. Nothing in this Act
13 shall be construed to mean that an adult with disabilities is
14 a victim of abuse or neglect for the sole reason that he or
15 she is being furnished with or relies upon treatment by
16 spiritual means through prayer alone, in accordance with the
17 tenets and practices of a recognized church or religious
18 denomination. Nothing in this Act shall be construed to mean
19 that an adult with disabilities is a victim of abuse because
20 of health care services provided or not provided by licensed
21 health care professionals.
22 "Adult with disabilities" means a person aged 18 through
23 59 who resides in a domestic living situation and whose
24 physical or mental disability impairs his or her ability to
25 seek or obtain protection from abuse, neglect, or
26 exploitation.
27 "Department" means the Department of Rehabilitation Human
28 Services.
29 "Director" means the Director of the Department.
30 "Adults with Disabilities Abuse Project" or "project"
31 means that program within the Office of Inspector General
32 designated by the Department of Human Services to receive and
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1 assess reports of alleged or suspected abuse, neglect, or
2 exploitation of adults with disabilities.
3 "Domestic living situation" means a residence where the
4 adult with disabilities lives alone or with his or her family
5 or household members, a care giver, or others or at a board
6 and care home or other community-based unlicensed facility,
7 but is not:
8 (1) A licensed facility as defined in Section 1-113
9 of the Nursing Home Care Act.
10 (2) A life care facility as defined in the Life
11 Care Facilities Act.
12 (3) A home, institution, or other place operated by
13 the federal government, a federal agency, or the State.
14 (4) A hospital, sanitarium, or other institution,
15 the principal activity or business of which is the
16 diagnosis, care, and treatment of human illness through
17 the maintenance and operation of organized facilities and
18 that is required to be licensed under the Hospital
19 Licensing Act.
20 (5) A community living facility as defined in the
21 Community Living Facilities Licensing Act.
22 (6) A community-integrated living arrangement as
23 defined in the Community-Integrated Living Arrangements
24 Licensure and Certification Act or community residential
25 alternative as licensed under that Act.
26 "Emergency" means a situation in which an adult with
27 disabilities is in danger of death or great bodily harm.
28 "Exploitation" means the illegal, including tortious, use
29 of the assets or resources of an adult with disabilities.
30 Exploitation includes, but is not limited to, the
31 misappropriation of assets or resources of an adult with
32 disabilities by undue influence, by breach of a fiduciary
33 relationship, by fraud, deception, or extortion, or by the
34 use of the assets or resources in a manner contrary to law.
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1 "Family or household members" means a person who as a
2 family member, volunteer, or paid care provider has assumed
3 responsibility for all or a portion of the care of an adult
4 with disabilities who needs assistance with activities of
5 daily living.
6 "Neglect" means the failure of another individual to
7 provide an adult with disabilities with or the willful
8 withholding from an adult with disabilities the necessities
9 of life, including, but not limited to, food, clothing,
10 shelter, or medical care.
11 Nothing in the definition of "neglect" shall be construed to
12 impose a requirement that assistance be provided to an adult
13 with disabilities over his or her objection in the absence of
14 a court order, nor to create any new affirmative duty to
15 provide support, assistance, or intervention to an adult with
16 disabilities. Nothing in this Act shall be construed to mean
17 that an adult with disabilities is a victim of neglect
18 because of health care services provided or not provided by
19 licensed health care professionals.
20 "Physical abuse" includes sexual abuse and means any of
21 the following:
22 (1) knowing or reckless use of physical force,
23 confinement, or restraint;
24 (2) knowing, repeated, and unnecessary sleep
25 deprivation; or
26 (3) knowing or reckless conduct which creates an
27 immediate risk of physical harm.
28 "Secretary" means the Secretary of Human Services.
29 "Sexual abuse" means touching, fondling, sexual threats,
30 sexually inappropriate remarks, or any other sexual activity
31 with an adult with disabilities when the adult with
32 disabilities is unable to understand, unwilling to consent,
33 threatened, or physically forced to engage in sexual
34 behavior.
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1 "Substantiated case" means a reported case of alleged or
2 suspected abuse, neglect, or exploitation in which the Adults
3 with Disabilities Abuse Project staff, after assessment,
4 determines that there is reason to believe abuse, neglect, or
5 exploitation has occurred.
6 (Source: P.A. 91-671, eff. 7-1-00.)
7 (20 ILCS 2435/20) (from Ch. 23, par. 3395-20)
8 Sec. 20. Inspector General; establishment of project.
9 (a) The Department shall establish an Office of
10 Inspector General. The Inspector General shall be appointed
11 by the Director and shall have such powers and duties as may
12 be assigned by the Director or provided by law.
13 (b) The Office of Inspector General shall establish an
14 Adults with Disabilities Abuse Project as provided in this
15 Act for adults with disabilities who have been abused,
16 neglected, or exploited.
17 (Source: P.A. 91-671, eff. 7-1-00.)
18 (20 ILCS 2435/35) (from Ch. 23, par. 3395-35)
19 Sec. 35. Assessment of reports.
20 (a) The Adults with Disabilities Abuse Project shall,
21 upon receiving a report of alleged or suspected abuse,
22 neglect, or exploitation obtain the consent of the subject of
23 the report to conduct an assessment with respect to the
24 report. The assessment shall include, but not be limited to,
25 a face-to-face interview with the adult with disabilities who
26 is the subject of the report and may include a visit to the
27 residence of the adult with disabilities, and interviews or
28 consultations with service agencies or individuals who may
29 have knowledge of the circumstances of the adult with
30 disabilities. A determination shall be made whether each
31 report is substantiated. If the Office of Inspector General
32 determines that there is clear and substantial risk of death
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1 or great bodily harm, it shall immediately secure or provide
2 emergency protective services for purposes of preventing
3 further abuse, neglect, or exploitation, and for safeguarding
4 the welfare of the person. Such services must be provided in
5 the least restrictive environment commensurate with the adult
6 with disabilities' needs.
7 (a-5) The Adults with Disabilities Abuse Project shall
8 initiate an assessment of all reports of alleged or suspected
9 abuse or neglect within 7 days after receipt of the report,
10 except reports of abuse or neglect that indicate that the
11 life or safety of an adult with disabilities is in imminent
12 danger shall be assessed within 24 hours after receipt of the
13 report. Reports of exploitation shall be assessed within 30
14 days after the receipt of the report.
15 (b) (Blank).
16 (c) The Department shall effect written interagency
17 agreements with other State departments and any other public
18 and private agencies to coordinate and cooperate in the
19 handling of substantiated cases; to accept and manage
20 substantiated cases on a priority basis; and to waive
21 eligibility requirements for the adult with disabilities in
22 an emergency.
23 (d) Every effort shall be made by the Adults with
24 Disabilities Abuse Project to coordinate and cooperate with
25 public and private agencies to ensure the provision of
26 services necessary to eliminate further abuse, neglect, and
27 exploitation of the adult with disabilities who is the
28 subject of the report.
29 The Office of Inspector General shall promulgate rules
30 and regulations to ensure the effective implementation of the
31 Adults with Disabilities Abuse Project statewide. Rules
32 adopted under this subsection by the Office of Inspector
33 General of the Department of Human Services shall continue in
34 force as rules of the Office of Inspector General of the
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1 Department of Rehabilitation Services until amended or
2 repealed.
3 (e) When the Adults with Disabilities Abuse Project
4 determines that a case is substantiated, it shall refer the
5 case to the appropriate office within the Department of Human
6 Services to develop, with the consent of and in consultation
7 with the adult with disabilities, a service plan for the
8 adult with disabilities.
9 (f) The Adults with Disabilities Abuse Project shall
10 refer reports of alleged or suspected abuse, neglect, or
11 exploitation to another State agency when that agency has a
12 statutory obligation to investigate such reports.
13 (g) If the Adults with Disabilities Abuse Project has
14 reason to believe that a crime has been committed, the
15 incident shall be reported to the appropriate law enforcement
16 agency.
17 (Source: P.A. 91-671, eff. 7-1-00.)
18 (20 ILCS 2435/55) (from Ch. 23, par. 3395-55)
19 Sec. 55. Access to records. All records concerning
20 reports of abuse, neglect, or exploitation of an adult with
21 disabilities and all records generated as a result of the
22 reports shall be confidential and shall not be disclosed
23 except as specifically authorized by this Act or other
24 applicable law. Access to the records, but not access to the
25 identity of the person or persons making a report of alleged
26 abuse, neglect, or exploitation as contained in the records,
27 shall be allowed to the following persons and for the
28 following purposes:
29 (a) Adults with Disabilities Abuse Project staff in the
30 furtherance of their responsibilities under this Act;
31 (b) A law enforcement agency investigating alleged or
32 suspected abuse, neglect, or exploitation of an adult with
33 disabilities;
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1 (c) An adult with disabilities reported to be abused,
2 neglected, or exploited, or the guardian of an adult with
3 disabilities unless the guardian is the alleged perpetrator
4 of the abuse, neglect, or exploitation;
5 (d) A court, upon its finding that access to the records
6 may be necessary for the determination of an issue before the
7 court. However, the access shall be limited to an in camera
8 inspection of the records, unless the court determines that
9 disclosure of the information contained therein is necessary
10 for the resolution of an issue then pending before it;
11 (e) A grand jury, upon its determination that access to
12 the records is necessary to the conduct of its official
13 business;
14 (f) Any person authorized by the Director Secretary, in
15 writing, for audit or bona fide research purposes;
16 (g) A coroner or medical examiner who has reason to
17 believe that abuse or neglect contributed to or resulted in
18 the death of an adult with disabilities;
19 (h) The agency designated pursuant to the Protection and
20 Advocacy for Developmentally Disabled Persons Act and the
21 Protection and Advocacy for Mentally Ill Persons Act.
22 (Source: P.A. 91-671, eff. 7-1-00.)
23 Section 99. Effective date. This Act takes effect July
24 1, 2002.".