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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
TOWNSHIPS (60 ILCS 1/) Township Code. 60 ILCS 1/185-30
(60 ILCS 1/185-30)
Sec. 185-30.
Maintenance charge.
The board of directors may impose a
maintenance charge upon the estate of any person with a
developmental disability receiving the benefits of the facilities or services
described in Section 185-5. If the person's estate is insufficient, the parent
or parents of the person are liable for payment and the amount due.
(Source: P.A. 90-210, eff. 7-25-97.)
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60 ILCS 1/185-35
(60 ILCS 1/185-35)
Sec. 185-35.
Rate of maintenance charge.
The rate at which the board
of directors shall calculate the sums to be charged under Section 185-30 is the
average per capita operating cost for all persons receiving the benefit of the
facilities or services computed for each fiscal year. The board may, however,
in its discretion, set the rate at a lesser amount than the average per capita
cost. Lesser amounts may be accepted by the board when conditions warrant that
action or when money is offered by persons not liable under Section 185-30. Any
money received under this Section shall be paid into the township Fund for
Persons with a Developmental Disability.
(Source: P.A. 90-210, eff. 7-25-97.)
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60 ILCS 1/185-40
(60 ILCS 1/185-40)
Sec. 185-40.
Financial investigation.
The board of directors may
investigate the financial condition of each person liable under Section 185-30
and may make determinations of the ability of each person to pay the sums
representing maintenance charges. For those purposes, the board may set a
standard as a basis of judgment of ability to pay. The standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors and to make provisions for unusual and exceptional
circumstances in the application of the standard. The board may issue to any
person liable under Section 185-30 statements of amounts due as maintenance
charges, requiring payment in a manner to be arranged, in an amount not
exceeding the average per capita operating cost determined under Section
185-35.
(Source: P.A. 85-989; 88-62.)
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60 ILCS 1/185-45
(60 ILCS 1/185-45)
Sec. 185-45.
Use of facilities and services; records confidential.
(a) The use of the facilities or services described in Section 185-5
shall not be limited or conditioned in any manner by the financial status
or ability to pay of any recipient or person responsible.
(b) Records pertaining to the payment of maintenance charges shall not be
made available for inspection, but shall be deemed confidential and used only
when required for the purpose of Section 185-40.
(Source: P.A. 85-989; 88-62.)
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60 ILCS 1/185-50
(60 ILCS 1/185-50)
Sec. 185-50.
Petition for modifying maintenance charge.
Any person who has
been issued a statement of any sum due for maintenance charges for a person
with a developmental disability may petition the board of
directors for a modification of the statement, and the board shall provide for
a hearing on the petition. The board may, after a hearing, grant relief it
deems proper.
(Source: P.A. 90-210, eff. 7-25-97.)
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60 ILCS 1/185-55
(60 ILCS 1/185-55)
Sec. 185-55.
Suit to collect maintenance charge.
(a) Upon the request of the board of directors, the state's attorney of the
county in which a person who is liable for payment of maintenance charges
resides shall file suit in the circuit court to collect the amount due. The
court may order the payment of sums due for maintenance for a period or periods
as the circumstances require. The order may be entered against any one or more
defendants and may be based upon the proportionate ability of each defendant to
contribute to the payment of sums due. Orders for the payment of money may be
enforced by attachment as for contempt against the persons of the defendants
and in addition as other judgments at law. Costs may be adjudged against the
defendants and apportioned among them, but if the complaint is dismissed, the
costs shall be borne by the township.
(b) The Civil Practice Law applies to and governs all actions instituted
under this Article.
(Source: P.A. 85-989; 88-62.)
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60 ILCS 1/185-60
(60 ILCS 1/185-60)
Sec. 185-60.
Claim against estate.
Upon the death of a person who is liable
for maintenance charges imposed by Section 185-30 and who is possessed of
property, the executor or administrator of the person's estate shall ascertain
from the board of directors the extent of the charges. The claim shall be
allowed and paid as other lawful claims against the estate.
(Source: P.A. 85-989; 88-62.)
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60 ILCS 1/185-65
(60 ILCS 1/185-65)
Sec. 185-65.
Department of Human Services powers.
(a) The Department of Human Services ("Department") may adopt rules for the
guidance of any board of
directors, prescribing reasonable standards concerning programs, facilities,
and services for persons with a developmental disability.
(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and apply to all administrative rules and procedures of the
Department under this Article, except that in case of conflict between the
Illinois Administrative Procedure Act and this Article the provisions of this
Article shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rulemaking does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
(c) The Department may conduct any investigation necessary to ascertain
compliance with rules adopted under this Article.
(d) If a board of directors fails to comply with the Department's rules, the
Department shall withhold distribution of any State grant in aid until the
board complies with the rules.
(Source: P.A. 89-507, eff.
7-1-97; 90-210, eff. 7-25-97.)
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60 ILCS 1/Art. 190
(60 ILCS 1/Art. 190 heading)
ARTICLE 190.
AGREEMENTS FOR MENTAL
HEALTH SERVICES FOR TOWNSHIP RESIDENTS
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60 ILCS 1/190-5
(60 ILCS 1/190-5)
Sec. 190-5.
Agreements with community mental health board.
The township
board may enter into contractual agreements with a community mental health
board having jurisdiction within the township. The agreements shall be written
and shall provide for the rendition of services by the community mental health
board to the residents of the township. For this purpose, the township board
may expend its funds and any funds made available to it through the federal
State and Local Assistance Act of 1972.
(Source: P.A. 82-783; 88-62.)
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60 ILCS 1/190-10
(60 ILCS 1/190-10)
Sec. 190-10. Mental health services. If a township is not included in a
mental health district organized under the Community Mental Health Act, the
township board may provide mental health services (including services for the
alcoholic and the drug addicted, and for persons with intellectual disabilities) for residents of the
township by disbursing funds, pursuant to an appropriation, to mental health
agencies approved by the Department of Human Services, alcoholism treatment
programs licensed by the Department of
Public Health, drug abuse facilities approved by the Department of Human
Services, and other services for substance use disorders approved by
the Department of Human Services. To be
eligible for township
funds disbursed under this Section, an agency, program, facility, or other
service provider must have been in existence for more than one year and serve
the township area.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19 .)
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