HB4952ham001 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 2/10/2022

10200HB4952ham001 LRB102 25541 KTG 35905 a

AMENDMENT TO HOUSE BILL 4952

AMENDMENT NO. ______. Amend House Bill 4952 by replacing everything after the enacting clause with the following:

"Section 3. The Illinois Administrative Procedure Act is amended by adding Section 5-45.21 as follows:

(5 ILCS 100/5-45.21 new)

Sec. 5-45.21. Emergency rulemaking; Department of Children and Family Services. To provide for the expeditious and timely implementation of Section 5.29 of the Children and Family Services Act, emergency rules implementing Section 5.29 of the Children and Family Services Act may be adopted in accordance with Section 5-45 by the Department of Children and Family Services. The adoption of emergency rules authorized by Section 5-45 and this Section is deemed to be necessary for the public interest, safety, and welfare.

This Section is repealed one year after the effective date of this amendatory Act of the 102nd General Assembly.

Section 5. The Children and Family Services Act is amended by adding Sections 5.26, 5.27, 5.28, and 5.29 as follows:

(20 ILCS 505/5.26 new)

Sec. 5.26. Behavioral health referrals; agency monitoring. The Department of Children and Family Services, in conjunction with the Department of Human Services, shall develop a comprehensive list of children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or with a mental illness and are referred to a children's group home, an Illinois public school, a therapeutic day school, or a private in-state or out-of-state residential program or hospital due to their need for behavioral health services and supports.

The Department of Children and Family Services shall work in conjunction with the Department of Human Services, the State Board of Education, and the Department of Juvenile Justice to track the referrals, monitor any possible overlap between agencies, track funding streams, track the number of available facilities, staff, and beds, and establish clear processes and memoranda of understanding for the exchange of this information.

(20 ILCS 505/5.27 new)

Sec. 5.27. Short-Term Stabilization Home Model.

The Department of Children and Family Services, in conjunction with the Department of Human Services and the State Board of Education, shall establish a Short-Term Stabilization Home Model for children and youth under the age of 18 who are diagnosed with intellectual and developmental disabilities or with a mental illness and are receiving services under any home and community-based services waiver program authorized under Section 1915(c) of the Social Security Act.

The Short-Term Stabilization Home Model shall serve eligible children and youth who have behavioral challenges that have not been stabilized despite interventions to support such children and youth in their communities. Under the model, eligible children and youth shall not stay in a short-term stabilization home for more than 90 days. Each short-term stabilization home in the model shall be staffed by the following personnel:

(1) board-certified behavior analysts;

(2) qualified intellectual disabilities professionals;

(3) registered nurses;

(4) direct support persons;

(5) registered behavior technicians; and

(6) consulting psychiatrists.

The Department of Children and Family Services, the Department of Human Services, and the State Board of Education, in conjunction with local school districts, shall be responsible for making referrals to the short-term stabilization homes.

The Department of Children and Family Services shall ensure all children and youth under the age of 18 with intellectual and developmental disabilities, regardless of funding streams, have access to the short-term stabilization home model. The Department shall work in conjunction with individual service coordination agencies in the child or youth's geographic area to identify potential short-term stabilization home participants.

(20 ILCS 505/5.28 new)

Sec. 5.28. Transition to Adulthood Model.

(a) The Department of Children and Family Services, in conjunction with the Department of Human Services and the State Board of Education, shall establish a Transition to Adulthood Model as an intensive transition program that serves young adults from the age of 18 to the day before their 26th birthday.

(b) The Transition to Adulthood Model shall include educational services so that young adults receiving services under the model can learn how to navigate within their own community, use public transportation, plan and purchase meals, self-advocate, plan social activities, and attend institutions of higher learning, among other social activities.

The Transition to Adulthood Model shall also emphasize transition-to-adulthood planning to facilitate young adults with intellectual and developmental disabilities into their adult living arrangement and to prepare them to live as independently as possible within their own communities, while also emphasizing the intermittent supports they need to thrive. Young adults receiving services under the model shall be evaluated on an individual basis and strategies shall be based on person-centered planning.

Each young adult shall have an individualized transition plan in which transition specialists ensure communication, visits, and social engagements with other individuals (staff and peers) within the identified adult provider agency.

(c) The Transition to Adulthood Model shall employ transition specialists with job coaching skills to create a support replacement plan to ensure benchmarks toward independence are met by young adults receiving services under the model. These transition specialists shall have specialized training in transition and independence planning. A transition specialist, in collaboration with work site employees, shall work with a young adult toward helping the young adult achieve job independence.

(20 ILCS 505/5.29 new)

Sec. 5.29. Children's group homes; staffing; emergency rules. The Department shall amend 89 Ill. Adm. Code 403.18 to permit licensed children's group homes to employ and utilize child care staff who are at least 18 years of age without an on-duty supervisor. The Department shall file emergency rules in accordance with the Illinois Administrative Procedure Act to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.".