|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning children.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Children and Family Services Act is amended | |||||||||||||||||||
5 | by adding Section
5.25 as follows:
| |||||||||||||||||||
6 | (20 ILCS 505/5.25 new)
| |||||||||||||||||||
7 | Section 5.25. Mental health services.
| |||||||||||||||||||
8 | (a) Every child placed under this Act shall be evaluated | |||||||||||||||||||
9 | for the purpose of mental illness diagnosis. Every child placed | |||||||||||||||||||
10 | under this Act with a diagnosis of
mental illness shall receive | |||||||||||||||||||
11 | necessary mental health services, including but
not limited to | |||||||||||||||||||
12 | medical management, individual and group therapy, psychosocial
| |||||||||||||||||||
13 | rehabilitation, vocational services, and hospitalization. | |||||||||||||||||||
14 | Services shall be
appropriate to meet the needs of the
| |||||||||||||||||||
15 | individual child; may be provided by a program, a facility, a | |||||||||||||||||||
16 | home, or an
outside mental health services provider; and may be | |||||||||||||||||||
17 | provided to the child at
the site of the program, facility, or | |||||||||||||||||||
18 | home or at an otherwise appropriate
location.
A program, | |||||||||||||||||||
19 | facility, or home shall assist in arranging for a child to | |||||||||||||||||||
20 | receive
mental health services from an outside provider when | |||||||||||||||||||
21 | those services are
necessary in meeting the child's needs and | |||||||||||||||||||
22 | the child wishes to receive them.
| |||||||||||||||||||
23 | (b) As used in this Section, "mental illness" means a | |||||||||||||||||||
24 | mental or emotional
disorder verified by a diagnosis contained | |||||||||||||||||||
25 | in the Diagnostic and Statistical
Manual of Mental Disorders, | |||||||||||||||||||
26 | Third Edition-Revised (or any subsequent edition),
or | |||||||||||||||||||
27 | International
Classification of Diseases, Ninth Revision, | |||||||||||||||||||
28 | Clinical Modification (or any
subsequent revision) that | |||||||||||||||||||
29 | substantially impairs the individual's cognitive,
emotional, | |||||||||||||||||||
30 | or behavioral functioning; excluding (i) V codes, (ii) organic
| |||||||||||||||||||
31 | disorders such as dementia and those associated with known or | |||||||||||||||||||
32 | unknown physical
conditions such as hallucinosis, amnestic |
| |||||||
|
|||||||
1 | disorder, and delirium, (iii)
psychoactive substance induced | ||||||
2 | organic disorders, (iv) mental retardation, and
(v) | ||||||
3 | psychoactive substance use disorder.
Not excluded, however, is | ||||||
4 | a dual diagnosis of mental illness and mental
retardation or of | ||||||
5 | mental illness and psychoactive substance use disorder.
| ||||||
6 | (c) No later than January 1, 2005, in cooperation with the | ||||||
7 | Illinois
Department of Human Services, the Department of | ||||||
8 | Children and Family Services
shall file a proposed rule or a | ||||||
9 | proposed amendment to an existing rule
regarding the provision | ||||||
10 | of mental health services to children who have a
serious mental | ||||||
11 | illness. The proposal shall address, but is not limited to,
the | ||||||
12 | implementation of the following:
assessment, care planning, | ||||||
13 | treatment, and discharge planning for those who are
under the | ||||||
14 | supervision or admitted to a child welfare agency, secure child | ||||||
15 | care
facility, foster family home, group home, or child care | ||||||
16 | institution licensed or
funded by the Department.
| ||||||
17 | (d) The Department shall provide or arrange for the | ||||||
18 | training of staff
responsible for the oversight of childcare | ||||||
19 | agencies or facilities in the
following areas: (i) assessment, | ||||||
20 | (ii) care planning, and (iii) care of
children with mental | ||||||
21 | illness. The training shall enable these staff surveyors
to | ||||||
22 | determine whether an agency, program, facility, or home is | ||||||
23 | complying with
State
and federal requirements concerning the | ||||||
24 | assessment, care planning, and care of
those children.
| ||||||
25 | (e) The program, facility, or home in which a child is | ||||||
26 | placed under this Act
shall, to the extent that resources | ||||||
27 | permit, be located in or near the community
in which the child | ||||||
28 | resided prior to the placement, or in the community in which
| ||||||
29 | the child's family or nearest next of kin presently reside. | ||||||
30 | Placement of the
child in programs, facilities,
or homes | ||||||
31 | located outside of this State shall not be made by the | ||||||
32 | Department
unless there are no appropriate programs, | ||||||
33 | facilities, or homes available within
this State. Out-of-state | ||||||
34 | placements shall be subject to the return of the
children so | ||||||
35 | placed upon the availability of programs, facilities, or homes
| ||||||
36 | within this State, except when placement in a contiguous state |
| |||||||
|
|||||||
1 | results in
locating a child in a program, facility, or home | ||||||
2 | closer to the child's home or
family. If an appropriate | ||||||
3 | program, facility, or home equidistant or closer to
the child's | ||||||
4 | home or family becomes available, the child shall be returned | ||||||
5 | to
and
placed at the appropriate program, facility, or home | ||||||
6 | within this State.
| ||||||
7 | (f) Prior to any placement by the Department under this | ||||||
8 | Act, a determination
shall be made by personnel of the | ||||||
9 | Department as to the capability and
suitability of the program, | ||||||
10 | facility, or home to adequately meet the needs of
the child | ||||||
11 | being placed. When specialized programs are necessary, the
| ||||||
12 | Department shall place the children so that specialized care | ||||||
13 | can be provided
in accordance with Department standards, which | ||||||
14 | may include a restricted
admission
policy, special staffing, | ||||||
15 | and programming for social and vocational
rehabilitation, in | ||||||
16 | addition to licensing requirements. The Department shall
not | ||||||
17 | place any children in a program, facility, or home the license | ||||||
18 | of which has
been revoked or not renewed on the grounds of | ||||||
19 | inadequate programming, staffing,
or medical or adjunctive | ||||||
20 | services, regardless of the pendency of an action for
| ||||||
21 | administrative review
regarding the revocation or failure to | ||||||
22 | renew.
| ||||||
23 | (g) Prior to placement of any child under this Act, the | ||||||
24 | Department shall
ensure that an appropriate training plan for | ||||||
25 | staff is provided by the program,
facility, or home in which | ||||||
26 | the child is to be placed. The training may include
instruction | ||||||
27 | and demonstrations by Department personnel qualified in the | ||||||
28 | area of
mental illness, as applicable to the child being | ||||||
29 | placed. The training shall be
on a continual basis as the needs | ||||||
30 | of the program, facility, home, and children
change.
| ||||||
31 | The Department shall not place any child into a program, | ||||||
32 | facility, or home
that does not have appropriately trained | ||||||
33 | staff in numbers sufficient to
accommodate the children in the | ||||||
34 | program, facility, or home. As a condition of
further or
future | ||||||
35 | placements of children, the Department may require the | ||||||
36 | employment of
additional trained staff members at the program, |
| |||||||
|
|||||||
1 | facility, or home where the
children are to be placed. The | ||||||
2 | Director, or his or her designate, shall
establish written | ||||||
3 | guidelines for placement of persons in programs, facilities,
| ||||||
4 | and homes under this Section. The Department shall keep written | ||||||
5 | records
detailing which programs, facilities, or homes have | ||||||
6 | been determined to have
appropriately trained staff or have | ||||||
7 | been determined not to have appropriately
trained staff, and | ||||||
8 | all training that the Department has provided or required
under | ||||||
9 | this Section.
| ||||||
10 | (h) The Department shall cause all children who are placed | ||||||
11 | under this Act to
be visited
at least once during the first | ||||||
12 | month following placement and once every month
thereafter. | ||||||
13 | Visits shall be made by personnel qualified and trained in the
| ||||||
14 | area of mental health or developmental disabilities applicable | ||||||
15 | to the child
visited, and shall be made on a more frequent | ||||||
16 | basis when indicated. The
Department may not use any personnel | ||||||
17 | connected with or responsible to the
representatives of any | ||||||
18 | program, facility, or home in which children have been
placed | ||||||
19 | under this Act. In the course of the visits consideration shall | ||||||
20 | be
given to areas including, but not limited to (i) the | ||||||
21 | physical and
mental health of the person, (ii) the sufficiency | ||||||
22 | of care required by the
person, (iii) the sufficiency of staff | ||||||
23 | personnel, (iv) the ability of staff
personnel to provide care | ||||||
24 | for the child, (v) the availability of educational,
social, | ||||||
25 | recreational, and programmatic activities,
and (vi) other | ||||||
26 | appropriate aspects of the child's environment. A report
| ||||||
27 | containing these observations shall be made to the Department | ||||||
28 | and to any
other appropriate agency after each visitation. The | ||||||
29 | report shall
contain a detailed assessment of whether the child | ||||||
30 | is receiving adequate and
humane care and services in the least | ||||||
31 | restrictive environment. If the child is
not receiving those | ||||||
32 | services, the Department shall require that the program,
| ||||||
33 | facility, or home either modify the treatment plan to ensure
| ||||||
34 | that those services are provided or make arrangements necessary | ||||||
35 | to provide
those services elsewhere.
| ||||||
36 | (i) Upon the complaint of any child placed in accordance |
| |||||||
|
|||||||
1 | with this Act or
any responsible citizen, or upon discovery | ||||||
2 | that the child has been abused,
neglected, or improperly cared | ||||||
3 | for or that the placement does not provide the
type of care | ||||||
4 | required by the child's current condition, the Department shall
| ||||||
5 | immediately investigate and determine if the well-being, | ||||||
6 | health, care, or
safety of the child is affected. If abuse, | ||||||
7 | neglect, improper care, or
inadequate care is verified, the | ||||||
8 | Department shall immediately remove the child
to another | ||||||
9 | program, facility, or home if the child's needs can be met at
| ||||||
10 | the new program, facility, or home.
| ||||||
11 | (j) The Department shall arrange for the independent expert | ||||||
12 | evaluation of
every child
with a primary or secondary diagnosis | ||||||
13 | of mental illness residing in every
program,
facility, or home | ||||||
14 | licensed under the Child Care Act or receiving State funds
for | ||||||
15 | services
provided to children under this Act. The evaluation | ||||||
16 | shall describe, at a
minimum, each
individual's current mental | ||||||
17 | health status, rehabilitation potential, treatment
needs, and
| ||||||
18 | the extent that the current placement is meeting those needs. | ||||||
19 | The evaluation
shall
include a recommendation about the most | ||||||
20 | appropriate treatment setting for the
individual. The | ||||||
21 | assessment of treatment needs and rehabilitation potential
| ||||||
22 | shall be
made without regard for the current availability of | ||||||
23 | the services an individual
may need.
Evaluations shall be | ||||||
24 | performed by qualified mental health professionals. The
| ||||||
25 | Department may use existing pre-admission screening agencies | ||||||
26 | and pre-admission
agents to perform the evaluations.
| ||||||
27 | (k) The Department shall also prepare an assessment of each | ||||||
28 | mental health
community service network in the State. This | ||||||
29 | assessment shall evaluate the
resources
needed in each network | ||||||
30 | to provide appropriate mental health services for all
children
| ||||||
31 | within the network's service area who have mental illness. The | ||||||
32 | assessments
shall
include, at a minimum, an analysis of the | ||||||
33 | current availability and needs in
each of the
following areas: | ||||||
34 | (i) mental health treatment, (ii) qualified mental health
| ||||||
35 | professionals, (iii)
case managers, (iv) programs for | ||||||
36 | psychosocial rehabilitation, (v) housing and
supportive |
| |||||||
|
|||||||
1 | services, (vi) vocational assistance, and (vii) programs for
| ||||||
2 | substance abuse.
| ||||||
3 | By January 1, 2006, the Department shall complete all | ||||||
4 | required individual and
network assessments and shall submit a | ||||||
5 | written report to the Governor and the
General
Assembly that | ||||||
6 | describes the results of the assessment and contains a specific
| ||||||
7 | plan to
address the identified needs for mental health | ||||||
8 | services.
| ||||||
9 | (l) The Department shall adopt rules governing the
purchase | ||||||
10 | of
care for children who are wards of or who are receiving | ||||||
11 | services from the
Department.
The rules shall apply to all | ||||||
12 | moneys expended by any agency of
the
State for services | ||||||
13 | rendered by any person, corporate entity, agency,
governmental
| ||||||
14 | agency, or political subdivision, whether public or private, | ||||||
15 | outside of the
Department,
whether payment is made through a | ||||||
16 | contractual, per-diem, or other arrangement.
No
funds shall be | ||||||
17 | paid to any person, corporation, agency, governmental entity, | ||||||
18 | or
political
subdivision without compliance with these rules. | ||||||
19 | The rules
governing the purchase of care shall describe the | ||||||
20 | categories and
types of
services deemed appropriate for | ||||||
21 | purchase by the Department and the accounting
standards that | ||||||
22 | provide assurances that those services have been provided.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law. |