Sen. Ira I. Silverstein

Filed: 3/25/2011

 

 


 

 


 
09700SB2015sam002LRB097 10113 AJO 53377 a

1
AMENDMENT TO SENATE BILL 2015

2    AMENDMENT NO. ______. Amend Senate Bill 2015 on page 1,
3line 5, by replacing "Section 11a-4" with "Sections 11a-4 and
411a-9"; and
 
5on page 3, below line 7, by inserting the following:
 
6    "(755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
7    Sec. 11a-9. Report.)
8    (a) The petition for adjudication of disability and for
9appointment of a guardian should be accompanied by a report
10which contains (1) a description of the nature and type of the
11respondent's disability and an assessment of how the disability
12impacts on the ability of the respondent to make decisions or
13to function independently; (2) an analysis and results of
14evaluations of the respondent's mental and physical condition
15and, where appropriate, educational condition, adaptive
16behavior and social skills, which have been performed within 3

 

 

09700SB2015sam002- 2 -LRB097 10113 AJO 53377 a

1months of the date of the filing of the petition; (3) an
2opinion as to whether guardianship is needed, the type and
3scope of the guardianship needed, and the reasons therefor; (4)
4a recommendation as to the most suitable living arrangement
5and, where appropriate, treatment or habilitation plan for the
6respondent and the reasons therefor; (5) the signatures of all
7persons who performed the evaluations upon which the report is
8based, one of whom shall be a licensed physician unless the
9evaluation and report are completed by a licensed clinical
10psychologist or psychiatrist and the evaluation is limited to
11the respondent's mental condition, and a statement of the
12certification, license, or other credentials that qualify the
13evaluators who prepared the report.
14    (b) If for any reason no report accompanies the petition,
15the court shall order appropriate evaluations to be performed
16by a qualified person or persons and a report prepared and
17filed with the court at least 10 days prior to the hearing.
18    (c) Unless the court otherwise directs, any report prepared
19pursuant to this Section shall not be made part of the public
20record of the proceedings but shall be available to the court
21or an appellate court in which the proceedings are subject to
22review, to the respondent, the petitioner, the guardian, and
23their attorneys, to the respondent's guardian ad litem, and to
24such other persons as the court may direct.
25(Source: P.A. 89-396, eff. 8-20-95.)".