Public Act 93-0274

SB809 Enrolled                       LRB093 08523 DRJ 08747 b

    AN ACT in relation to mental health.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Community-Integrated Living Arrangements
Licensure  and  Certification  Act  is  amended  by  changing
Section 3 as follows:

    (210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
    Sec. 3.  As used in this Act, unless the context requires
otherwise:
    (a)  "Applicant"  means  a  person,  group  of   persons,
association,  partnership  or  corporation that applies for a
license  as  a  community  mental  health  or   developmental
services agency under this Act.
    (b)  "Community  mental  health or developmental services
agency"  or  "agency"  means  a  public  or  private  agency,
association, partnership, corporation or organization  which,
pursuant  to  this Act, certifies community-integrated living
arrangements for persons with mental illness or persons  with
a developmental disability.
    (c)  "Department"  means the Department of Human Services
(as  successor  to  the  Department  of  Mental  Health   and
Developmental Disabilities).
    (d)  "Community-integrated  living  arrangement"  means a
living arrangement certified by a community mental health  or
developmental services agency under this Act where 8 or fewer
recipients   with   mental   illness  or  recipients  with  a
developmental disability who reside under the supervision  of
the   agency.   Examples   of   community  integrated  living
arrangements include but are not limited to the following:
         (1)  "Adult foster care", a living  arrangement  for
    recipients  in  residences of families unrelated to them,
    for  the  purpose  of  providing  family  care  for   the
    recipients on a full-time basis;
         (2)  "Assisted  residential  care",  an  independent
    living  arrangement  where  recipients are intermittently
    supervised by off-site staff;
         (3)  "Crisis residential care", a non-medical living
    arrangement where  recipients  in  need  of  non-medical,
    crisis  services are supervised by on-site staff 24 hours
    a day;
         (4)  "Home individual programs", living arrangements
    for 2 unrelated adults outside the family home;
         (5)  "Supported   residential   care",   a    living
    arrangement  where  recipients  are supervised by on-site
    staff and such supervision is provided less than 24 hours
    a day; and
         (6)  "Community   residential   alternatives",    as
    defined   in   the   Community  Residential  Alternatives
    Licensing Act; and.
         (7)  "Special  needs   trust-supported   residential
    care",   a   living   arrangement  where  recipients  are
    supervised by  on-site  staff  and  that  supervision  is
    provided  24  hours  per  day or less, as dictated by the
    needs  of  the  recipients,  and  determined  by  service
    providers. As used  in  this  item  (7),  "special  needs
    trust"  means  a  trust  for  the  benefit  of a disabled
    beneficiary as described in Section 15.1  of  the  Trusts
    and Trustees Act.
    (e)  "Recipient"  means  a  person  who  has received, is
receiving, or is in need  of  treatment  or  habilitation  as
those   terms   are   defined   in   the  Mental  Health  and
Developmental Disabilities Code.
    (f)  "Unrelated" means that persons residing together  in
programs or placements certified by a community mental health
or  developmental  services agency under this Act do not have
any of the following  relationships  by  blood,  marriage  or
adoption:    parent,    son,   daughter,   brother,   sister,
grandparent, uncle, aunt, nephew, niece,  great  grandparent,
great  uncle,  great  aunt, stepbrother, stepsister, stepson,
stepdaughter, stepparent or first cousin.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)