Sen. Martin A. Sandoval
Filed: 5/30/2005
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1 | AMENDMENT TO HOUSE BILL 806
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2 | AMENDMENT NO. ______. Amend House Bill 806 on page 1, | ||||||
3 | immediately below line 3, by inserting the following:
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4 | "Section 3. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by adding Section | ||||||
6 | 15f as follows: | ||||||
7 | (20 ILCS 1705/15f new)
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8 | Sec. 15f. Individualized behavioral support plan. | ||||||
9 | (a) As used in this Section: | ||||||
10 | "Behavioral challenges" means episodes of significant | ||||||
11 | property destruction, self-injurious behavior, assaultive | ||||||
12 | behavior, or any other behavior that prevents a person from | ||||||
13 | successful participation in a community-based residential | ||||||
14 | program, as determined by the community support team.
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15 | "Community-based residential program" means one of a | ||||||
16 | variety of living arrangements in which no more than 8 | ||||||
17 | individuals reside together and the setting is designed to | ||||||
18 | promote independence. This includes existing categories, such | ||||||
19 | as community integrated living arrangements, community | ||||||
20 | residential alternatives, assisted residential care, supported | ||||||
21 | residential care, and adult foster care and may also include | ||||||
22 | newly developed settings that are consistent with this | ||||||
23 | definition.
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24 | (b) Each individual in a community-based residential |
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1 | program for persons with developmental disabilities who | ||||||
2 | exhibits behavioral challenges shall have an individualized | ||||||
3 | behavioral support plan. Each individualized support plan | ||||||
4 | shall: (i) be designed to meet individual needs; (ii) be in the | ||||||
5 | immediate and long-term best interests of the individual; (iii) | ||||||
6 | be non-aversive; (iv) teach the individual new skills; (v) | ||||||
7 | provide alternatives to behavioral challenges; (vi) offer | ||||||
8 | opportunities for choice and social integration; and (vii) | ||||||
9 | allow for environmental modifications. The plan must be based | ||||||
10 | on a functional behavioral assessment conducted by a | ||||||
11 | professional trained in its use. The plan shall be implemented | ||||||
12 | by staff who have been trained in and are qualified to | ||||||
13 | effectively apply positive non-aversive intervention. All | ||||||
14 | behavioral supports required by the plan shall be applied in a | ||||||
15 | humane and caring manner that respects the dignity of the | ||||||
16 | individual and shall be implemented in a positive and | ||||||
17 | socially-supportive environment, including the home. | ||||||
18 | Interventions must not: (1) include electric shock; (2) | ||||||
19 | withhold essential food and drink; (3) cause physical or | ||||||
20 | psychological pain; (4) use drugs as restraints; or (5) produce | ||||||
21 | humiliation or discomfort.
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22 | Nothing in this subsection shall preclude, for therapeutic | ||||||
23 | purposes, variant scheduling of food or drink or the | ||||||
24 | application of safe and appropriate time-out procedures. | ||||||
25 | (c) The Department of Human Services shall be responsible | ||||||
26 | for developing and promulgating rules to implement the | ||||||
27 | provisions of this Section and to carry out the intent of this | ||||||
28 | Section.
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29 | (d) To the extent this Section conflicts with Article I of | ||||||
30 | Chapter II of the Mental Health and Developmental Disabilities | ||||||
31 | Code, that Article controls. ".
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