HB5050 101ST GENERAL ASSEMBLY

LRB101 17460 CPF 66870 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5050

Introduced 2/18/2020, by Rep. Mike Murphy

SYNOPSIS AS INTRODUCED:

210 ILCS 135/3	from Ch. 91 1/2, par. 1703
225 ILCS 10/2.16	from Ch. 23, par. 2212.16
225 ILCS 10/3.5 rep.

Amends the Community-Integrated Living Arrangements Licensure and Certification Act. In the definition of "community-living arrangement", includes a living arrangement where 10 or fewer persons under 22 years of age reside and receive services under the supervision of the community mental health or developmental services agency that was licensed under the Child Care Act of 1969 as a Children's Group Home 17D up to and including July 1, 2020 (a group home). Amends the Child Care Act of 1969 to exclude those group homes from the definition of "group home" under that Act. Further amends the Child Care Act of 1969 to repeal provisions regarding group homes for adolescents diagnosed with autism. Effective July 1, 2020.

A BILL FOR

AN ACT concerning regulation.

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;

(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 beneficiary with a disability as described in Section 1213 of the Illinois Trust Code.

(8) "Group home", a living arrangement where 10 or fewer persons under 22 years of age reside and receive services under the supervision of the agency that was licensed under the Child Care Act of 1969 as a Children's Group Home 17D up to and including July 1, 2020.

(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. 101-48, eff. 1-1-20.)

Section 10. The Child Care Act of 1969 is amended by changing Section 2.16 as follows:

(225 ILCS 10/2.16) (from Ch. 23, par. 2212.16)

Sec. 2.16. "Group home" means a child care facility which provides care for no more than 10 children placed by and under the supervision of a licensed child welfare agency with these homes being owned or rented, staffed, maintained and otherwise operated by the agency. "Group home" does not include a living arrangement where 10 or fewer persons under 22 years of age reside that was licensed under this Act as a Children's Group Home 17D up to and including July 1, 2020.

(Source: P.A. 79-1016.)

(225 ILCS 10/3.5 rep.)

Section 15. The Child Care Act of 1969 is amended by repealing Section 3.5.

Section 99. Effective date. This Act takes effect July 1, 2020.