Illinois General Assembly - Full Text of HB0055
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Full Text of HB0055  102nd General Assembly




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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Probate Act of 1975 is amended by changing
5Sections 11a-1 and 11a-9 as follows:
6    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
7    Sec. 11a-1. "Developmental disability", "intellectual
8disability", and "related condition" defined. Developmental
9disability defined.)
10     "Developmental disability" means a disability that is
11attributable to an intellectual disability or a related
13    "Intellectual disability" means significantly subaverage
14general intellectual functioning existing concurrently with
15deficits in adaptive behavior and manifested before the age of
1622 years.
17    "Related condition" means a condition that:
18        (1) is attributable to cerebral palsy, epilepsy, or
19    any other condition, other than mental illness, found to
20    be closely related to an intellectual disability because
21    that condition results in impairment of general
22    intellectual functioning or adaptive behavior similar to
23    that of individuals with an intellectual disability, and



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1    requires treatment or services similar to those required
2    for those individuals. For purposes of this Act, autism is
3    considered a related condition;
4        (2) is manifested before the individual reaches age
5    22;
6        (3) is likely to continue indefinitely; and
7        (4) results in substantial functional limitation in 3
8    or more of the following areas of major life activity:
9    self-care, language, learning, mobility, self-direction,
10    and capacity for independent living. "Developmental
11    disability" means a disability which is attributable to:
12    (a) an intellectual disability, cerebral palsy, epilepsy
13    or autism; or to (b) any other condition which results in
14    impairment similar to that caused by an intellectual
15    disability and which requires services similar to those
16    required by persons with intellectual disabilities. Such
17    disability must originate before the age of 18 years, be
18    expected to continue indefinitely, and constitute a
19    substantial disability.
20(Source: P.A. 99-143, eff. 7-27-15.)
21    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
22    Sec. 11a-9. Report.)
23    (a) The petition for adjudication of disability and for
24appointment of a guardian should be accompanied by a report
25which contains (1) a description of the nature and type of the



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1respondent's disability and an assessment of how the
2disability impacts on the ability of the respondent to make
3decisions or to function independently; (2) an analysis and
4results of evaluations of the respondent's mental and physical
5condition and, where appropriate, educational condition,
6adaptive behavior and social skills, which have been performed
7within 3 months of the date of the filing of the petition, or,
8in the case of an intellectual disability, a psychological
9evaluation of the respondent that has been performed by a
10clinical psychologist licensed under the Clinical Psychologist
11Licensing Act, within one year of the date of the filing of the
12petition; (3) an opinion as to whether guardianship is needed,
13the type and scope of the guardianship needed, and the reasons
14therefor; (4) a recommendation as to the most suitable living
15arrangement and, where appropriate, treatment or habilitation
16plan for the respondent and the reasons therefor; (5) the
17name, business address, business telephone number, and
18signatures of all persons who performed the evaluations upon
19which the report is based, one of whom shall be a licensed
20physician, or may, in the case of an intellectual disability,
21be a clinical psychologist licensed under the Clinical
22Psychologist Licensing Act, and a statement of the
23certification, license, or other credentials that qualify the
24evaluators who prepared the report.
25    (b) If for any reason no report accompanies the petition,
26the court shall order appropriate evaluations to be performed



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1by a qualified person or persons and a report prepared and
2filed with the court at least 10 days prior to the hearing.
3    (b-5) Upon oral or written motion by the respondent or the
4guardian ad litem or upon the court's own motion, the court
5shall appoint one or more independent experts to examine the
6respondent. Upon the filing with the court of a verified
7statement of services rendered by the expert or experts, the
8court shall determine a reasonable fee for the services
9performed. If the respondent is unable to pay the fee, the
10court may enter an order upon the petitioner to pay the entire
11fee or such amount as the respondent is unable to pay. However,
12in cases where the Office of State Guardian is the petitioner,
13consistent with Section 30 of the Guardianship and Advocacy
14Act, no expert services fees shall be assessed against the
15Office of the State Guardian.
16    (c) Unless the court otherwise directs, any report
17prepared pursuant to this Section shall not be made part of the
18public record of the proceedings but shall be available to the
19court or an appellate court in which the proceedings are
20subject to review, to the respondent, the petitioner, the
21guardian, and their attorneys, to the respondent's guardian ad
22litem, and to such other persons as the court may direct.
23(Source: P.A. 98-1094, eff. 1-1-15.)