(20 ILCS 2407/Art. 2 heading)
(20 ILCS 2407/5)
Sec. 5. Purpose. It is the purpose of this Act to create an
advisory committee to develop and implement a disabilities
services
implementation plan as provided in Section 20 to ensure compliance by the State
of Illinois with the Americans with Disabilities Act and the decision in
Olmstead v. L.C., 119 S.Ct. 2176 (1999).
(Source: P.A. 93-638, eff. 12-31-03.)
(20 ILCS 2407/10)
Sec. 10. Application of Act; definitions.
(a) This Act
applies to persons with disabilities. The disabilities included are
defined for purposes of this Act as follows:
"Disability" means a disability as defined by the Americans
with Disabilities Act of 1990 that is attributable to a
developmental disability, a mental illness, or a physical
disability, or combination of those.
"Developmental disability" means "developmental disability" as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.
"Mental Illness" means a mental or emotional disorder
verified by a diagnosis contained in the
Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition, published
by the American Psychiatric Association (DSM-IV), or its successor, or
International Classification of Diseases, 9th Revision, Clinical Modification
(ICD-9-CM), or its successor, that
substantially impairs a person's cognitive, emotional, or
behavioral functioning, or any combination of those, excluding
(i) conditions that may be the focus of clinical attention but are not of
sufficient duration or severity to be categorized as a mental illness, such as
parent-child relational problems, partner-relational problems, sexual abuse of
a child, bereavement, academic problems, phase-of-life problems, and
occupational problems (collectively, "V codes"), (ii) organic disorders such as
substance intoxication dementia, substance withdrawal dementia, Alzheimer's
disease, vascular dementia, dementia due to HIV infection, and dementia due to Creutzfeldt-Jakob
disease
and disorders associated with
known or unknown physical conditions such as hallucinosis, amnestic
disorders and delirium, and psychoactive substance-induced organic
disorders, and (iii) an intellectual disability or psychoactive substance use
disorders.
"Intellectual disability" means "intellectual disability" as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code.
"Physical disability" means a disability as defined by the
Americans with Disabilities Act of 1990 that meets the following
criteria:
(b) In this Act:
"Chronological age-appropriate services" means services, activities,
and strategies for persons with disabilities that are
representative of the lifestyle activities of nondisabled peers of similar
age in the community.
"Comprehensive evaluation" means procedures used by qualified professionals
selectively with an individual to
determine whether a person has a disability and the nature
and extent of the services that the person with a disability
needs.
"Department" means the Department on Aging, the Department of Human Services,
the Department of Public Health, the Department of
Public Aid (now Department Healthcare and Family Services), the University of Illinois Division of Specialized Care for
Children, the Department of Children and Family Services, and the Illinois
State
Board of Education, where appropriate, as designated in the implementation plan
developed under Section 20.
"Family" means a natural, adoptive, or foster parent or parents or
other person or persons responsible for the care of an individual with a
disability in a family setting.
"Family or individual support" means those resources and services
that are necessary to maintain an individual with a
disability within the family home or his or her own home. These services may
include, but are not
limited to, cash subsidy, respite care, and counseling services.
"Independent service coordination" means a social service that enables
persons
with developmental disabilities and their families to locate, use, and
coordinate resources
and
opportunities in their communities on the basis of individual need. Independent
service
coordination is independent of providers of services and funding sources and is
designed
to ensure accessibility, continuity of care, and accountability and to maximize
the
potential of persons with developmental disabilities for independence,
productivity, and
integration into
the community. Independent service coordination includes, at a minimum: (i)
outreach to
identify eligible individuals; (ii) assessment and periodic reassessment to
determine each
individual's strengths, functional limitations, and need for specific services;
(iii)
participation in the development of a comprehensive individual service or
treatment plan;
(iv) referral to and linkage with needed services and supports; (v) monitoring
to ensure
the delivery of appropriate services and to determine individual progress in
meeting goals
and objectives; and (vi) advocacy to assist the person in obtaining all
services for which
he or she is eligible or entitled.
"Individual service or treatment plan" means a recorded assessment of the
needs
of a person with a disability, a description of the services
recommended, the goals of each type of element of service, an anticipated
timetable for the accomplishment of the goals, and a designation of the
qualified professionals responsible for the implementation of the plan.
"Least restrictive environment" means an environment that
represents the least departure from the normal patterns of living and that
effectively meets the needs of the person receiving the service.
(Source: P.A. 102-972, eff. 1-1-23.)
(20 ILCS 2407/15)
Sec. 15. Services. Services shall be provided in accordance with the
individual service or treatment plan developed for an individual under this
Section. The
individual shall initially be screened for potential eligibility by the
appropriate State
agency and, if the individual is deemed probably eligible for a disability
service or
program, a comprehensive evaluation of the individual shall be conducted to
determine
the services and programs appropriate for that individual. The array of
available services
shall be described in the Disabilities Services Implementation Plan required
under this
Act and may include, but need not be limited to:
(Source: P.A. 93-638, eff. 12-31-03.)
(20 ILCS 2407/20)
Sec. 20. Implementation.
(a) The Governor shall appoint an advisory committee to assist in the
development and implementation of a Disabilities Services Implementation Plan
that will
ensure compliance by the State of Illinois with the Americans with Disabilities
Act and
the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The advisory committee
shall
be known as the Illinois Disabilities Services Advisory Committee and shall be
composed
of no more than 33 members, including: persons who have a physical disability,
a developmental disability, or a mental illness;
senior citizens; advocates for
persons with
physical disabilities; advocates
for persons
with developmental disabilities;
advocates
for persons with mental illness;
advocates
for senior citizens; representatives of
providers of
services to persons with physical disabilities, developmental disabilities, and
mental
illness; representatives of providers of
services to
senior citizens; and representatives of organized labor.
In addition, the following State officials shall serve on the committee as
ex-officio
non-voting members: the Secretary of Human Services or his or her designee; the
State
Superintendent of Education or his or her designee; the Director of Aging or
his or her
designee; the Executive Director of the Illinois Housing Development Authority
or his or
her designee; the Director of Public Aid (now Director of Healthcare and Family Services) or his or her designee; and the
Director of
Employment Security or his or her designee.
The advisory committee shall select officers, including a chair and a
vice-chair.
The advisory committee shall meet at least quarterly and shall keep official
meeting
minutes. Committee members shall not be compensated but shall be paid for their
expenses
related to attendance at meetings.
(b) The implementation plan must include, but need
not be limited to, the following:
(c) The Governor, with the
assistance of the Illinois Disabilities Services Advisory Committee and the
Secretary of Human Services, is
responsible for the completion of the implementation plan. The
Governor must
submit a report to
the General Assembly by November 1, 2004, which must include the following:
(d) The Governor, with the assistance of the Secretary of
Human Services, shall annually update the implementation plan
and report changes to the General Assembly by July 1 of each year. Initial
implementation of the plan is required by July 1, 2005. The requirement of
annual updates and reports expires in 2008, unless otherwise extended by the
General Assembly.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 2407/25)
Sec. 25. Appropriations. Services shall be provided under this Act to
the extent that appropriations are made available by the General Assembly for
the programs and services indicated in the implementation plan.
(Source: P.A. 93-638, eff. 12-31-03.)
(20 ILCS 2407/30)
Sec. 30. Entitlements. This Act does not create any new entitlement to a
service, program, or benefit, but shall not be construed to affect any
entitlement to a
service, program, or benefit created by any other law.
(Source: P.A. 93-638, eff. 12-31-03.)
Structure Illinois Compiled Statutes