HB5878 97TH GENERAL ASSEMBLY

LRB097 17403 KTG 62605 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5878

Introduced 2/16/2012, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

20 ILCS 505/5.36 new
20 ILCS 1705/43a new
105 ILCS 5/14-7.06 new

Amends the Children and Family Services Act, the Mental Health and Developmental Disabilities Administrative Act, and the School Code. Permits residential services providers that contract with the Department of Children and Family Services or the Department of Human Services to provide services to children age 5 to 22 with a developmental or intellectual disability to conduct a 60-day evaluation and residential assessment to facilitate a child's successful transition to a community-based children's group home, when indicated. Provides that the 60-day evaluation and assessment period must commence upon admission and must be conducted in a campus-based residential program where the child will be assessed and evaluated to determine his or her functioning and overall performance. Provides that specified disciplines may be completed during the evaluation and assessment period, including education or classroom support, speech or language, occupational therapy and physical therapy, and behavioral health services. Adds similar provisions to the School Code as to residential facilities that accept students age 5 to 22 with a developmental or intellectual disability for services paid for by an Illinois public State agency. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Children and Family Services Act is amended by adding Section 5.36 as follows:

(20 ILCS 505/5.36 new)

Sec. 5.36. 60-day evaluation and assessment period for children with a developmental or intellectual disability; residential services.

(a) For purposes of this Section, "residential services" means child care institution care, group home care, independent living services, and transitional living services that are licensed and purchased by the Department on behalf of children under the age of 22 years who are served by the Department and who need 24-hour residential care due to a developmental or intellectual disability.

(b) Residential services providers that contract with the Department to provide services to children age 5 to 22 with a developmental or intellectual disability may conduct a 60-day evaluation and residential assessment to facilitate a child's successful transition to a community-based children's group home, when indicated. The 60-day evaluation and assessment period must commence upon admission and must be conducted in a campus-based residential program where the child will be assessed and evaluated to determine his or her functioning and overall performance. The following disciplines may be completed during the evaluation and assessment period, including, but not limited to, admissions, education or classroom support, speech or language, occupational therapy and physical therapy, behavioral health, medical and health services, and residential services.

Section 10. The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 43a as follows:

(20 ILCS 1705/43a new)

Sec. 43a. 60-day evaluation and assessment period for children with a developmental or intellectual disability; residential services.

(a) For purposes of this Section, "residential services" means child care institution care, group home care, independent living services, and transitional living services that are licensed or purchased by the Department on behalf of children under the age of 22 years who need 24-hour residential care due to a developmental or intellectual disability.

(b) Residential services providers that contract with the Department to provide services to children age 5 to 22 with a developmental or intellectual disability may conduct a 60-day evaluation and residential assessment to facilitate a child's successful transition to a community-based children's group home, when indicated. The 60-day evaluation and assessment period must commence upon admission and must be conducted in a campus-based residential program where the child will be assessed and evaluated to determine his or her functioning and overall performance. The following disciplines may be completed during the evaluation and assessment period, including, but not limited to, admissions, education or classroom support, speech or language, occupational therapy and physical therapy, behavioral health, medical and health services, and residential services.

Section 15. The School Code is amended by adding Section 14-7.06 as follows:

(105 ILCS 5/14-7.06 new)

Sec. 14-7.06. 60-day evaluation and assessment period for children with a developmental or intellectual disability; residential facility.

(a) For purposes of this Section, "developmental disability" means a disability which is attributable to: (i) an intellectual disability, cerebral palsy, epilepsy or autism; or to (ii) any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by intellectually disabled persons. Such disability must originate before the age of 18 years, be expected to continue indefinitely, and constitute a substantial handicap.

(b) A residential facility that accepts a student age 5 to 22 with a developmental or intellectual disability for services paid for by an Illinois public State agency may conduct a 60-day evaluation and residential assessment to facilitate the child's successful transition to a community-based children's group home, when indicated. The 60-day evaluation and assessment period must commence upon admission and must be conducted in a campus-based residential program where the child will be assessed and evaluated to determine his or her functioning and overall performance. The following disciplines may be completed during the evaluation and assessment period, including, but not limited to, admissions, education or classroom support, speech or language, occupational therapy and physical therapy, behavioral health, medical and health services, and residential services.

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