(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context requires otherwise:
(a) "Agency" means an agency or entity licensed by the Department
pursuant to this Article or pursuant to the Community Residential
Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as successor to
the Department of Mental Health and Developmental Disabilities.
(c) "Home-based services" means services provided to an adult with a mental disability who lives in his or her own home. These services include but are
not limited to:
(1) home health services;
(2) case management;
(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to |
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(d) "Legal guardian" means a person appointed by a court of competent
jurisdiction to exercise certain powers on behalf of an adult with a mental disability.
(e) "Adult with a mental disability" means a person over the age of 18 years
who lives in his or her own home; who needs home-based services,
but does not require 24-hour-a-day supervision; and who has one of the
following conditions: severe autism, severe mental illness, a severe or
profound intellectual disability, or severe and multiple impairments.
(f) In one's "own home" means that an adult with a mental disability lives
alone; or that an adult with a mental disability is in full-time residence with his
or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to
licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the
adult with a mental disability who do not provide home-based services to the
adult with a mental disability.
(g) "Parent" means the biological or adoptive parent
of an adult with a mental disability, or a person licensed as a
foster parent under the laws of this State who acts as a foster parent to an adult with a mental disability.
(h) "Relative" means any of the following relationships
by blood, marriage or adoption: parent, son, daughter, brother, sister,
grandparent, uncle, aunt, nephew, niece, great grandparent, great uncle,
great aunt, stepbrother, stepsister, stepson, stepdaughter, stepparent or
first cousin.
(i) "Severe autism" means a lifelong developmental disability which is
typically manifested before 30 months of age and is characterized by
severe disturbances in reciprocal social interactions; verbal and
nonverbal communication and imaginative activity; and repertoire of
activities and interests. A person shall be determined severely
autistic, for purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
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| autistic disorder in the current edition of the Diagnostic and Statistical Manual of Mental Disorders.
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(2) Severe disturbances in reciprocal social
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| interactions; verbal and nonverbal communication and imaginative activity; repertoire of activities and interests. A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist. A determination of severe autism shall not be based solely on behaviors relating to environmental, cultural or economic differences.
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(j) "Severe mental illness" means the manifestation of all of the
following characteristics:
(1) A primary diagnosis of one of the major mental
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| disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed below:
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(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must
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| substantially impair his or her functioning in at least 2 of the following areas:
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(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
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| present for at least one year.
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A determination of severe mental illness shall be based upon a
comprehensive, documented assessment with an evaluation by a licensed
clinical psychologist or psychiatrist, and shall not be based solely on
behaviors relating to environmental, cultural or economic differences.
(k) "Severe or profound intellectual disability" means a manifestation of all
of the following characteristics:
(1) A diagnosis which meets Classification in Mental
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| Retardation or criteria in the current edition of the Diagnostic and Statistical Manual of Mental Disorders for severe or profound mental retardation (an IQ of 40 or below). This must be measured by a standardized instrument for general intellectual functioning.
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(2) A severe or profound level of disturbed adaptive
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| behavior. This must be measured by a standardized adaptive behavior scale or informal appraisal by the professional in keeping with illustrations in Classification in Mental Retardation, 1983.
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(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual disability shall be based
upon a comprehensive, documented assessment with an evaluation by a
licensed clinical psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors relating to
environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the manifestation of all of
the following characteristics:
(1) The evaluation determines the presence of a
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| developmental disability which is expected to continue indefinitely, constitutes a substantial disability and is attributable to any of the following:
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(A) Intellectual disability as defined in Section
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| 1-116 of the Mental Health and Developmental Disabilities Code.
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(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
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| impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities.
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(2) The evaluation determines multiple disabilities
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| in physical, sensory, behavioral or cognitive functioning which constitute a severe or profound impairment attributable to one or more of the following:
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(A) Physical functioning, which severely impairs
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| the individual's motor performance that may be due to:
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(i) Neurological, psychological or physical
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| involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia,
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(ii) Severe organ systems involvement such as
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(iii) Physical abnormalities resulting in the
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| individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or
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(iv) The need for regular medical or nursing
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| supervision such as gastrostomy care and feeding.
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Assessment of physical functioning must be based
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| on clinical medical assessment by a physician licensed to practice medicine in all its branches, using the appropriate instruments, techniques and standards of measurement required by the professional.
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(B) Sensory, which involves severe restriction
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| due to hearing or visual impairment limiting the individual's movement and creating dependence in completing most daily activities. Hearing impairment is defined as a loss of 70 decibels aided or speech discrimination of less than 50% aided. Visual impairment is defined as 20/200 corrected in the better eye or a visual field of 20 degrees or less. Sensory functioning must be based on clinical medical assessment by a physician licensed to practice medicine in all its branches using the appropriate instruments, techniques and standards of measurement required by the professional.
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(C) Behavioral, which involves behavior that is
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| maladaptive and presents a danger to self or others, is destructive to property by deliberately breaking, destroying or defacing objects, is disruptive by fighting, or has other socially offensive behaviors in sufficient frequency or severity to seriously limit social integration. Assessment of behavioral functioning may be measured by a standardized scale or informal appraisal by a clinical psychologist or psychiatrist.
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(D) Cognitive, which involves intellectual
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| functioning at a measured IQ of 70 or below. Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.
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(3) The evaluation determines that development is
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| substantially less than expected for the age in cognitive, affective or psychomotor behavior as follows:
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(A) Cognitive, which involves intellectual
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| functioning at a measured IQ of 70 or below. Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.
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(B) Affective behavior, which involves over and
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| under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society. Affective behavior must be based on clinical assessment using the appropriate instruments, techniques and standards of measurement required by the professional.
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(C) Psychomotor, which includes a severe
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| developmental delay in fine or gross motor skills so that development in self-care, social interaction, communication or physical activity will be greatly delayed or restricted.
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(4) A determination that the disability originated
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| before the age of 18 years.
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A determination of severe and multiple impairments shall be based upon a
comprehensive, documented assessment with an evaluation by a licensed
clinical psychologist or psychiatrist.
If the examiner is a licensed clinical psychologist, ancillary evaluation
of physical impairment, cerebral palsy or epilepsy must be made by a
physician licensed to practice medicine in all its branches.
Regardless of the discipline of the examiner, ancillary evaluation of
visual impairment must be made by an ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary evaluation of
hearing impairment must be made by an otolaryngologist or an audiologist
with a certificate of clinical competency.
The only exception to the above is in the case of a person with cerebral
palsy or epilepsy who, according to the eligibility criteria listed below,
has multiple impairments which are only physical and sensory. In such a
case, a physician licensed to practice medicine in all its branches may
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means 24-hour-a-day care by a
trained mental health or developmental disability professional on an ongoing
basis.
(Source: P.A. 102-972, eff. 1-1-23.)
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(405 ILCS 80/7-1) Sec. 7-1. Community-based pilot program. (a) Subject to appropriation, the Department of Human Services' Division of Mental Health shall make available funding for the development and implementation of a comprehensive and coordinated continuum of community-based pilot programs for persons with or at risk for a mental health diagnosis that is sensitive to the needs of local communities. The funding shall allow for the development of one or more pilot programs that will support the development of local social media campaigns that focus on the prevention or promotion of mental wellness and provide linkages to mental health services, especially for those individuals who are uninsured or underinsured. For a provider to be considered for the pilot program, the provider must demonstrate the ability to: (1) implement the pilot program in an area that shows |
| a high need or underutilization of mental health services;
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(2) offer a comprehensive strengths-based array of
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(3) collaborate with other systems and government
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| entities that exist in a community;
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(4) provide education and resources to the public on
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| mental health issues, including suicide prevention and wellness;
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(5) develop a local social media campaign that
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| focuses on the prevention or promotion of mental wellness;
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(6) ensure that the social media campaign is
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| culturally relevant, developmentally appropriate, trauma informed, and covers information across an individual's lifespan;
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(7) provide linkages to other appropriate services in
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(8) provide a presence staffed by mental health
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| professionals in natural community settings, which includes any setting where an individual who has not been diagnosed with a mental illness typically spends time; and
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(9) explore partnership opportunities with
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| institutions of higher learning in the areas of social work or mental health.
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(b) The Department of Human Services is authorized to adopt and implement any administrative rules necessary to carry out the pilot program.
(Source: P.A. 101-61, eff. 1-1-20.)
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(405 ILCS 80/7A-2) (Section scheduled to be repealed on January 1, 2028) Sec. 7A-2. Long-Term Stabilization Support Program. (a) Subject to appropriation or the availability of other funds for these purposes at the discretion of the Department, the Department shall establish the Long-Term Stabilization Support Program consisting of at least 8 homes across the State in accordance with this Article and the following requirements: (1) The Long-Term Stabilization Support Program shall |
| serve individuals with intellectual disabilities or developmental disabilities who are currently receiving home and community-based services and are at risk of facility-based care due to significant behavioral challenges and individuals transitioning out of State developmental centers for a period of up to 2 years, or longer if appropriate for the individual.
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(2) The program shall be regulated by the Department
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| in accordance with the community-integrated living arrangement guidelines set forth under the Community-Integrated Living Arrangement Licensure and Certification Act and any applicable rules or policies.
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(3) Each home shall support no more than 4 residents,
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| each having his or her own bedroom.
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(4) If an individual is in need of this program, it
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| must be reflected in his or her individual plan.
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(5) The individual, in conjunction with his or her
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| guardian, if applicable, may change his or her home and community-based services, including his or her participation in this program, including requesting alternate placement when the wants or needs of the individual, as reflected in the individual's personal plan, would be better served in another setting along the full spectrum of care. If an individual, his or her guardian, if applicable, or family caregivers, in conjunction with the independent service coordination agency, the provider, and clinical staff, believe the individual's wants or needs, as reflected in the individual's personal plan, would be better served in an alternate setting along the full spectrum of care, those opportunities shall be discussed as they are identified. The request may be made at any point during the period specified in paragraph (1) or at the conclusion of that period, when assessing whether continued participation in the program would be appropriate for the individual.
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(6) The Department shall ensure providers have
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| adequate resources, experience, and qualifications to serve the population targeted by this program.
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(7) The Department shall lead the providers in an
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| ongoing collaboration, whereby best practices and treatment experiences shall be shared and utilized.
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(8) The providers shall propose home locations in
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| collaboration with other community stakeholders.
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(b) Beginning March 31, 2025, the Department shall publish quarterly reports on the following:
(1) the number of individuals participating in the
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(2) the number of individuals transitioning from the
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(3) the location where individuals transition to
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| during and after participation in the program; and
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(4) the length of time individuals are participating
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The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form, in the manner that the Clerk and the Secretary shall direct.
(c) The Department shall adopt rules to develop and implement this program.
(Source: P.A. 103-493, eff. 1-1-24.)
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(405 ILCS 80/7A-3) (Section scheduled to be repealed on January 1, 2028) Sec. 7A-3. Short-Term Stabilization Support Program. (a) Subject to appropriation or the availability of other funds for these purposes at the discretion of the Department, the Department shall establish the Short-Term Stabilization Support Program consisting of at least 10 homes across the State, in accordance with this Article and the following requirements: (1) The Short-Term Stabilization Support Program |
| shall serve individuals with intellectual disabilities or developmental disabilities who are currently receiving home and community-based services and are at risk of facility-based care due to significant behavioral challenges for a period ranging up to 90 days with an option to extend if appropriate for the individual.
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(2) The program shall be regulated by the Department
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| in accordance with the community-integrated living arrangement guidelines set forth under the Community-Integrated Living Arrangement Licensure and Certification Act and any applicable rules or policies or shall be regulated by the Department of Children and Family Services in accordance with child group home guidelines set forth under the Children and Family Services Act and any applicable rules or policies.
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(3) Each home shall support no more than 4 residents,
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| each having his or her own bedroom.
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(4) If an individual is in need of this program, it
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| must be reflected in his or her individual plan.
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(5) The individual, in conjunction with his or her
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| guardian, if applicable, may change his or her home and community-based services, including his or her participation in this program, including requesting alternate placement when the wants or needs of the individual, as reflected in the individual's personal plan, would be better served in another setting along the full spectrum of care. If an individual, his or her guardian, if applicable, or family caregivers, in conjunction with the independent service coordination agency, the provider, and clinical staff, believe the individual's wants or needs, as reflected in the individual's personal plan, would be better served in an alternate setting along the full spectrum of care, those opportunities shall be discussed as they are identified. The request may be made at any point during the period specified in paragraph (1) or at the conclusion of that period, when assessing whether continued participation in the program would be appropriate for the individual.
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(6) The Department shall ensure providers have
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| adequate resources, experience, and qualifications to serve the population targeted by this program.
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(7) The Department shall lead the providers in an
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| ongoing collaboration, whereby best practices and treatment experiences shall be shared and utilized.
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(8) The providers shall propose home locations in
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| collaboration with other community stakeholders.
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(b) Beginning March 31, 2025, the Department shall publish quarterly reports on the following:
(1) the number of individuals participating in the
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(2) the number of individuals transitioning from the
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(3) the location where individuals transition to
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| during and after participation in the program; and
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(4) the length of time individuals are participating
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The report to the General Assembly shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate in electronic form, in the manner that the Clerk and the Secretary shall direct.
(c) The Department shall adopt rules to develop and implement this program.
(Source: P.A. 103-493, eff. 1-1-24.)
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(405 ILCS 80/11-1) Sec. 11-1. Developmental Disabilities Regulatory Advisory Board. (a) The Director of the Division of Developmental Disabilities within the Department shall appoint a Developmental Disabilities Regulatory Advisory Board, no later than October 1, 2013, whose members are capable of actively participating on the Advisory Board, to consult with the Department regarding Parts 115, 116, 117, 119, and 120 of Title 59 of the Illinois Administrative Code, as provided in this Section. (b) The Advisory Board shall be composed of the following persons: (1) The Director of the Division of Developmental |
| Disabilities, or his or her designee, shall serve as an ex-officio member and shall serve as chairperson of the Advisory Board.
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(2) One representative of the Department of
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| Healthcare and Family Services and one representative of the Office of the State Fire Marshal, each of whom shall serve as ex-officio members.
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(3) Five persons selected from recommendations of
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| organizations whose membership consists of providers within the developmental disabilities service delivery system.
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(4) Two persons who are guardians or family members
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| of persons with developmental disabilities and who do not have responsibility for management or formation of policy regarding the programs subject to review of the Advisory Board.
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(5) Two persons who receive developmental
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| disabilities services funded by the Division.
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(6) Two persons selected from the recommendations of
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| consumer organizations that engage solely in advocacy or legal representation on behalf of persons with developmental disabilities and their immediate families.
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(7) One person who is a representative of a labor
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| organization which represents direct support persons, working within one of the programs subject to review of the Advisory Board.
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(c) The Advisory Board shall meet as frequently as the chairperson deems necessary, but not less than once each calendar year. Upon request of 6 or more members, the chairperson shall call a meeting of the Advisory Board. A member of the Advisory Board may designate a replacement to serve at the Advisory Board meeting in place of the member by submitting a letter of designation to the chairperson prior to or at the Advisory Board meeting, but a replacement for an Advisory Board member may not serve as a replacement for more than 2 consecutive meetings.
(d) The Advisory Board shall advise the Department of Human Services Division of Developmental Disabilities on the format and content of any amendments to rules referenced in subsection (a) proposed by the Division of Developmental Disabilities. Any of these rules, except emergency rules adopted under Section 5-45 of the Illinois Administrative Procedure Act, adopted without obtaining the advice of the Advisory Board are null and void. If the Department fails to follow the advice of the Advisory Board on proposed rules, the Department shall, prior to the adoption of the rules, transmit a written explanation of the reason therefor to the Advisory Board.
(e) During its review of proposed rules as requested by the Department, the Advisory Board shall discuss the economic impact of those rules.
(f) If the Advisory Board, having been asked for its advice, fails to advise the Department within 45 days, the rules shall be considered acted upon.
(g) The Department shall provide staff and technical support to the Advisory Board to perform its functions under this Section.
(Source: P.A. 98-607, eff. 12-27-13.)
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