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| Public Act 096-0271 |
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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 Guardianship and Advocacy Act is amended by | ||||
changing Sections 5, 7, 14, 15, 16, 21, 24, and 27 as follows:
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(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
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Sec. 5.
(a) The Commission shall establish throughout the | ||||
State such regions
as it considers appropriate to effectuate | ||||
the purposes of the Authority
under this Act, taking into | ||||
account the requirements of State and federal
statutes; | ||||
population; civic, health and social service boundaries; and | ||||
other
pertinent factors.
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(b) The Commission shall act through its divisions as | ||||
provided in this Act.
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(c) The Commission shall establish general policy | ||||
guidelines for the
operation of the Legal Advocacy Service, | ||||
Human Rights Authority and State Guardian in
furtherance of | ||||
this Act. Any action taken by a regional authority is subject
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to the review and approval of the Commission. The Commission, | ||||
acting on a request from the Director, may disapprove
any | ||||
action of a regional authority, in which case the regional | ||||
authority shall
cease such action.
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(d) The Commission shall hire a Director and staff to carry | ||||
out the powers
and duties of the Commission and its divisions | ||
pursuant to this Act and
the rules and regulations promulgated | ||
by the Commission. All staff other
than the Director shall be | ||
subject to the Personnel Code.
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(e) The Commission shall review and evaluate the operations | ||
of the
divisions.
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(f) The Commission shall operate subject to the provisions | ||
of the Illinois Procurement Code The Illinois
Purchasing Act.
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(g) The Commission shall prepare its budget.
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(h) The Commission shall prepare an annual report on its | ||
operations and
submit the report to the Governor and the | ||
General Assembly.
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The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader and
the Clerk of the House of | ||
Representatives and the President, the Minority
Leader and the | ||
Secretary of the Senate and the Legislative Research Unit, as
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required by Section 3.1 of "An Act to revise the law in | ||
relation to the General
Assembly", approved February 25, 1874, | ||
and filing such additional copies with
the State Government | ||
Report Distribution Center for the General Assembly as is
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required under paragraph (t) of Section 7 of the State Library | ||
Act.
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(i) The Commission shall establish rules and regulations | ||
for the conduct
of the work of its divisions, including rules | ||
and regulations for the Legal
Advocacy Service and the State | ||
Guardian in evaluating an eligible person's
or ward's financial | ||
resources for the purpose of determining whether the
eligible | ||
person or ward has the ability to pay for legal or guardianship
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services received. The determination of the eligible person's | ||
financial
ability to pay for legal services shall be based upon | ||
the number of dependents
in the eligible person's family unit | ||
and the income, liquid assets and
necessary expenses, as | ||
prescribed by rule of the Commission of: (1) the
eligible | ||
person; (2) the eligible person's spouse; and (3) the parents | ||
of minor
eligible persons. The determination of a ward's | ||
ability to pay for
guardianship services shall be based upon | ||
the ward's estate. An eligible
person or ward found to have | ||
sufficient financial resources shall be required
to pay the | ||
Commission in accordance with standards established by the
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Commission. No fees may be charged for legal services given | ||
unless the
eligible person is given notice at the start of such | ||
services that
such fees might be charged. No fees may be | ||
charged for guardianship
services given unless the ward is | ||
given notice of the request for fees
filed with the probate | ||
court and the court approves the amount of fees to
be assessed. | ||
All fees collected shall be deposited with the State Treasurer
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and placed in the Guardianship and Advocacy Fund. The | ||
Commission shall
establish rules and regulations regarding the | ||
procedures of appeal for clients
prior to termination or | ||
suspension of legal services. Such rules and
regulations shall | ||
include, but not be limited to, client notification
procedures | ||
prior to the actual termination, the scope of issues subject to
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appeal, and procedures specifying when a final administrative | ||
decision is made.
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(j) The Commission shall take such actions as it deems | ||
necessary and
appropriate to receive private, federal and other | ||
public funds to help support
the divisions and to safeguard the | ||
rights of eligible persons. Private funds
and property may be | ||
accepted, held, maintained, administered and disposed of by
the | ||
Commission, as trustee, for such purposes for the benefit of | ||
the People of
the State of Illinois pursuant to the terms of | ||
the instrument granting the
funds or property to the | ||
Commission.
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(k) The Commission may expend funds under the State's plan | ||
to protect
and advocate the rights of persons with a | ||
developmental disability established
under the federal | ||
Developmental Disabilities Services and Facilities
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Construction Act (Public Law 94-103, Title II). If the Governor | ||
designates the
Commission to be the organization or agency to | ||
provide the services called for
in the State plan, the | ||
Commission shall make these protection and advocacy
services | ||
available to persons with a developmental disability by | ||
referral or by
contracting for these services to the extent | ||
practicable. If the Commission is
unable to so make available | ||
such protection and advocacy services, it shall
provide them | ||
through persons in its own employ.
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(l) The Commission shall, to the extent funds are | ||
available, monitor
issues concerning the rights of eligible | ||
persons and the care and treatment
provided to those persons, | ||
including but not limited to the incidence of
abuse or neglect | ||
of eligible persons. For purposes of that monitoring the
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Commission shall have access to reports of suspected abuse or | ||
neglect and
information regarding the disposition of such | ||
reports, subject to the
provisions of the Mental Health and | ||
Developmental Disabilities Confidentiality
Act.
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(Source: P.A. 88-380.)
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(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
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Sec. 7.
The Director shall carry out the policies and | ||
programs of the
Commission and coordinate the activities of its | ||
divisions and may delegate to the Human Rights Authority | ||
Director any duties described in Sections 14, 15, and 16 of | ||
this Act.
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(Source: P.A. 80-1416.)
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(20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
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Sec. 14.
Each regional authority shall consist of the 9 | ||
members appointed
by the Director, in accordance with this | ||
Section Commission. Each regional authority shall include | ||
insofar as possible
one professionally knowledgeable and | ||
broadly experienced employee or officer
of a provider of each | ||
of the following services:
mental health, developmental | ||
disabilities, and vocational rehabilitation.
No other employee | ||
or officer of a service provider shall be appointed to
a | ||
regional authority. In making appointments, the Director | ||
Commission shall strive
to ensure representation of minority | ||
groups and of eligible persons, and
shall give due | ||
consideration to recommendations of persons and groups | ||
assisting
eligible persons. The Director Commission may remove | ||
for incompetence, neglect of
duty, or malfeasance in office any | ||
member of a regional authority. All actions taken by the | ||
Director to appoint or remove members shall be reported to the | ||
Commission at the next scheduled Commission meeting.
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Each regional authority shall annually elect a chairman and | ||
any other officers
it deems necessary. Members of the regional | ||
authorities shall
serve for a term of 3 years, except that the | ||
terms of the first appointees
shall be as follows: 3 members | ||
serving
for a 1 year term; 3 members serving for a 2 year term; | ||
and 3 members serving
for a 3 year term. Assignment of terms of | ||
such first appointees shall be
by lot. No member shall serve | ||
for more than 2 consecutive 3 year terms.
Five members shall | ||
constitute a quorum.
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Vacancies in the regional authorities shall be filled in | ||
the same manner
as original appointments.
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Members of the regional authorities shall serve without | ||
compensation but
shall be reimbursed for actual expenses | ||
incurred in the performance of their duties.
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Each regional authority shall meet not less than once every | ||
2 months.
Meetings may also be held upon call of the Regional | ||
Chairman or upon written request of
any 5 members of the | ||
regional authority.
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(Source: P.A. 80-1487.)
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(20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
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Sec. 15.
A regional authority which receives a complaint | ||
alleging that
the rights of an eligible person have been | ||
violated in the region in which
the authority sits, shall | ||
conduct an investigation unless it determines
that the | ||
complaint is frivolous or beyond the scope of its authority or
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competence, or unless the Director Commission finds that a | ||
conflict of interest
exists and directs another regional | ||
authority to conduct the
investigation. The authority shall | ||
inform the complainant whether it
will conduct an | ||
investigation, and if not, the reason therefor. The
authority | ||
may advise a complainant as to other remedies which may be | ||
available. Reassignments of investigations for conflicts of | ||
interest and refusals to investigate shall be reviewed and | ||
approved by the Director and the Director may seek direction | ||
from the Commission.
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(Source: P.A. 84-1358.)
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(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
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Sec. 16.
A regional authority may conduct investigations | ||
upon its own
initiative if it has reason to believe that the | ||
rights of an eligible
person have been violated in the region | ||
in which the authority sits,
unless the Director Commission | ||
finds that a conflict of interest exists and directs
another | ||
regional authority to conduct the investigation.
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(Source: P.A. 84-1358.)
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(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
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Sec. 21.
A regional authority may, subject to the | ||
provisions of the Open Meetings Act, conduct closed meetings | ||
and hearings
when necessary to ensure confidentiality or to | ||
protect the rights of any
eligible person or provider of | ||
services or other person. However, it shall
make public a | ||
summary of business conducted during any such meeting or
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hearing. Such summary shall not contain personally | ||
identifiable data.
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(Source: P.A. 80-1487.)
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(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
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Sec. 24.
If a regional authority determines that further | ||
action is required,
it may refer a matter to the Commission or | ||
another division thereof,
any federal, State or local agency or | ||
other persons, as it may deem appropriate
and as approved by | ||
the Director Commission.
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(Source: P.A. 80-1416.)
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(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
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Sec. 27.
A regional authority may, by acting through the | ||
Director, propose to the Commission legislation
for the purpose | ||
of safeguarding the rights of eligible persons.
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(Source: P.A. 80-1487.)
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