Illinois Compiled Statutes
Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
405 ILCS 49/ - Children's Mental Health Act.

(405 ILCS 49/1)
Sec. 1. Short title. This Act may be cited as the Children's Mental
Health
Act.

(Source: P.A. 102-899, eff. 1-1-23.)

(405 ILCS 49/5)
(Text of Section from P.A. 102-116)
Sec. 5. Children's Mental Health Plan.
(a) The State of Illinois shall develop a Children's Mental Health Plan
containing short-term and long-term recommendations to provide
comprehensive, coordinated mental
health prevention, early intervention, and treatment services for children from
birth through age 18. This Plan
shall include but not be limited to:
(b) The Children's Mental Health Partnership (hereafter referred to as "the
Partnership") is created. The Partnership shall have the responsibility of
developing and monitoring the implementation of the Children's Mental
Health Plan as approved by the Governor. The Children's Mental Health
Partnership shall be comprised of: the Secretary of Human Services or his or
her designee; the State Superintendent of Education or his or her
designee; the directors of the departments of Children and Family
Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their
designees;
the head of the Illinois Violence Prevention Authority, or his or her
designee; the Attorney General or his or her designee; up to 25
representatives of community mental health authorities and statewide mental
health, children and family advocacy,
early childhood, education, health, substance abuse, violence prevention,
and juvenile justice organizations or associations, to be appointed by the
Governor; and 2 members of each caucus of the House of
Representatives and Senate appointed by the Speaker of the House of
Representatives and the President of the Senate, respectively. The
Governor shall appoint the Partnership Chair and shall designate a
Governor's staff liaison to work with the Partnership.
(c) The Partnership shall submit a Preliminary Plan to the Governor on
September 30, 2004 and shall submit the Final Plan on June 30, 2005.
Thereafter, on September 30 of each year, the Partnership shall submit an
annual report to the Governor on the progress of Plan implementation
and recommendations for revisions in the Plan.
The Final Plan and annual reports submitted in subsequent years shall include
estimates of savings achieved in prior fiscal years under subsection (a) of
Section
5-5.23 of the Illinois Public Aid Code and federal financial participation
received under subsection (b) of
Section 5-5.23 of that Code. The Department of Healthcare and Family Services shall provide
technical assistance in developing these estimates and reports.

(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)
(Text of Section from P.A. 102-899)
Sec. 5. Children's Mental Health Partnership; Children's Mental Health Plan.
(a) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") created under Public Act 93-495 and continued under this amendatory Act of the 102nd General Assembly shall advise State agencies on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. The recommended strategies shall build upon the recommendations in the Children's Mental Health Plan of 2022 and may include, but are not limited to, recommendations regarding the following:
(b) The Partnership shall have the responsibility of
developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan. The Children's Mental Health Partnership shall be comprised of the following members:
The members appointed by the Governor shall be appointed for 4 years with one opportunity for reappointment, except as otherwise provided for in this subsection. Members who were appointed by the Governor and are serving on the effective date of this amendatory Act of the 102nd General Assembly shall maintain their appointment until the term of their appointment has expired. For new appointments made pursuant to this amendatory Act of the 102nd General Assembly, members shall be appointed for one-year, two-year, or four-year terms, as determined by the Governor, with no more than 9 of the Governor's new or existing appointees serving the same term. Those new appointments serving a one-year or 2-year term may be appointed to 2 additional 4-year terms. If a vacancy occurs in the Partnership membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the term.
The Partnership shall be convened no later than January 31, 2023 to discuss the changes in this amendatory Act of the 102nd General Assembly.
The members of the Partnership shall serve without compensation but may be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Partnership from funds appropriated for that purpose.
The Partnership may convene and appoint special committees or study groups to operate under the direction of the Partnership. Persons appointed to such special committees or study groups shall only receive reimbursement for reasonable expenses.
(c) (Blank).
(d) The Illinois Children's Mental Health Partnership has the following powers and duties:
The Partnership may designate a fiscal and administrative agent that can accept funds to carry out its duties as outlined in this Section.
The Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership.
(e) The Partnership may accept monetary gifts or grants from the federal government or any agency thereof, from any charitable foundation or professional association, or from any reputable source for implementation of any program necessary or desirable to carry out the powers and duties as defined under this Section.
(f) On or before January 1, 2027, the Partnership shall submit recommendations to the Governor and General Assembly that includes recommended updates to the Act to reflect the current mental health landscape in this State.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-899, eff. 1-1-23.)
(Text of Section from P.A. 102-1034)
Sec. 5. Children's Mental Health Plan.
(a) The State of Illinois shall develop a Children's Mental Health Plan
containing short-term and long-term recommendations to provide
comprehensive, coordinated mental
health prevention, early intervention, and treatment services for children from
birth through age 18. This Plan
shall include but not be limited to:
(b) The Children's Mental Health Partnership (hereafter referred to as "the
Partnership") is created. The Partnership shall have the responsibility of
developing and monitoring the implementation of the Children's Mental
Health Plan as approved by the Governor. The Children's Mental Health
Partnership shall be comprised of: the Secretary of Human Services or his or
her designee; the State Superintendent of Education or his or her
designee; the directors of the departments of Children and Family
Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their
designees;
the head of the Illinois Violence Prevention Authority, or his or her
designee; the Attorney General or his or her designee; up to 25
representatives of community mental health authorities and statewide mental
health, children and family advocacy,
early childhood, education, health, substance abuse, violence prevention,
and juvenile justice organizations or associations, to be appointed by the
Governor; and 2 members of each caucus of the House of
Representatives and Senate appointed by the Speaker of the House of
Representatives and the President of the Senate, respectively. The
Governor shall appoint the Partnership Chair and shall designate a
Governor's staff liaison to work with the Partnership.
(b-5) The Partnership shall include an adjunct council comprised of no more than 6 youth aged 14 to 25 and 4 representatives of 4 different community based organizations that focus on youth mental health. Of the community-based organizations that focus on youth mental health, one of the community-based organizations shall be led by an LGBTQ-identified person, one of the community-based organizations shall be led by a person of color, and one of the community-based organizations shall be led by a woman. Of the representatives appointed to the council from the community-based organizations, at least one representative shall be LGBTQ-identified, at least one representative shall be a person of color, and at least one representative shall be a woman. The council members shall be appointed by the Chair of the Partnership and shall reflect the racial, gender identity, sexual orientation, ability, socioeconomic, ethnic, and geographic diversity of the State, including rural, suburban, and urban appointees. The council shall make recommendations to the Partnership regarding youth mental health, including, but not limited to, identifying barriers to youth feeling supported by and empowered by the system of mental health and treatment providers, barriers perceived by youth in accessing mental health services, gaps in the mental health system, available resources in schools, including youth's perceptions and experiences with outreach personnel, agency websites, and informational materials, methods to destigmatize mental health services, and how to improve State policy concerning student mental health. The mental health system may include services for substance use disorders and addiction. The council shall meet at least 4 times annually.
(c) The Partnership shall submit a Preliminary Plan to the Governor on
September 30, 2004 and shall submit the Final Plan on June 30, 2005.
Thereafter, on September 30 of each year, the Partnership shall submit an
annual report to the Governor on the progress of Plan implementation
and recommendations for revisions in the Plan.
The Final Plan and annual reports submitted in subsequent years shall include
estimates of savings achieved in prior fiscal years under subsection (a) of
Section
5-5.23 of the Illinois Public Aid Code and federal financial participation
received under subsection (b) of
Section 5-5.23 of that Code. The Department of Healthcare and Family Services shall provide
technical assistance in developing these estimates and reports.

(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-1034, eff. 1-1-23.)

(405 ILCS 49/10)
Sec. 10.
Office of Mental Health services.
The Office of Mental Health
within the Department of Human Services shall allow grant and
purchase-of-service
moneys to be used for services for children from birth through age 18.

(Source: P.A. 93-495, eff. 8-8-03.)

(405 ILCS 49/15)
Sec. 15. Mental health and schools.
(a) The Illinois State Board of Education shall develop and implement a plan
to
incorporate social and emotional development standards as part of the Illinois
Learning Standards for the purpose of enhancing and measuring children's school
readiness and ability to achieve academic success.
The plan shall be submitted to the Governor, the General Assembly, and the
Partnership by December 31, 2004.
(b) Every Illinois school district shall develop a policy for incorporating
social and emotional development into the district's educational program.
The policy shall address teaching and assessing social and emotional
skills and protocols for responding to children with social, emotional, or
mental health problems, or a combination of such problems, that impact
learning ability. School social workers may implement a continuum of social and emotional education programs and services in accordance with students' needs. Each district must submit this policy to the Illinois State
Board of Education by August 31, 2004.

(Source: P.A. 98-338, eff. 8-13-13.)

(405 ILCS 49/95)
Sec. 95.
(Amendatory provisions; text omitted).

(Source: P.A. 93-495, eff. 8-8-03; text omitted.)

(405 ILCS 49/99)
Sec. 99.
Effective date.
This Act takes effect upon
becoming law.

(Source: P.A. 93-495, eff. 8-8-03.)