State of Illinois
92nd General Assembly
Legislation

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92_HB3002eng

 
HB3002 Engrossed                               LRB9200780TAtm

 1        AN ACT concerning human services.

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

 4        Section   5.    The   Mental   Health  and  Developmental
 5    Disabilities  Administrative  Act  is  amended  by   changing
 6    Sections 4.2 and 22 as follows:

 7        (20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
 8        Sec.  4.2.  Facility  staff.  (a)  The  Department  shall
 9    describe  and delineate guidelines for each of the facilities
10    it operates regarding the number and  qualifications  of  the
11    staff required to carry out prescribed duties. The guidelines
12    shall be based on consideration of recipient needs as well as
13    professional  and  programmatic requirements, including those
14    established for purposes of national  accreditation  and  for
15    certification  under  Titles  XVIII  and  XIX  of the federal
16    Social Security  Act.  The  Department  shall  utilize  those
17    guidelines  in  the  preparation of its annual plan and shall
18    include in the plan a report of  efforts  in  management  and
19    budgeting  at  each  facility  to  achieve  staffing  targets
20    established in relation to the guidelines.
21        (b)  As  used  in  this  Section,  "direct care position"
22    means any position with  the  Department  in  which  the  job
23    titles  which  will  regularly  or temporarily entail contact
24    with recipients in the Department's  facilities  for  persons
25    with a mental illness or a developmental disability.
26        (c)  The Department shall require that each candidate for
27    employment  in  a  direct  care  position,  as a condition of
28    employment, shall  submit  to  a  fingerprint-based  criminal
29    background  investigation  to determine whether the candidate
30    for employment in  a  direct  care  position  has  ever  been
31    charged  with  a  crime  and, if so, the disposition of those
 
HB3002 Engrossed            -2-                LRB9200780TAtm
 1    charges. This authorization shall indicate the scope  of  the
 2    inquiry  and  the  agencies which may be contacted. Upon this
 3    authorization, the Director (or, on or after  July  1,  1997,
 4    the  Secretary)  shall  request  and  receive information and
 5    assistance from any federal,   State  or  local  governmental
 6    agency   as   part   of  the  authorized  investigation.  The
 7    Department  of  State  Police   shall   provide   information
 8    concerning  any  criminal charges, and their disposition, now
 9    or hereafter filed against a candidate for  employment  in  a
10    direct  care position upon request of the Department when the
11    request is made in  the  form  and  manner  required  by  the
12    Department of State Police.
13        Information  concerning  convictions  of  a candidate for
14    employment in a direct care position investigated under  this
15    Section,  including  the   source  of the information and any
16    conclusions or recommendations derived from the  information,
17    shall  be  provided,  upon  request,  to  the  candidate  for
18    employment  in  a direct care position before final action by
19    the Department on the application. Information on convictions
20    of a candidate for employment in a direct care position under
21    this Act shall be provided to the director of  the  employing
22    unit, and, upon request, to the candidate for employment in a
23    direct  care  position.  Any  information concerning criminal
24    charges and the disposition of those charges obtained by  the
25    Department  shall  be confidential and may not be transmitted
26    outside the Department, except as required in this  Act,  and
27    may not be transmitted to anyone within the Department except
28    as  needed  for the purpose of evaluating an application of a
29    candidate for employment in  a  direct  care  position.  Only
30    information   and  standards  which  bear  a  reasonable  and
31    rational  relation  to  the  performance  of  a  direct  care
32    position shall be used by the Department. Any employee of the
33    Department  or  the  Department  of  State  Police  receiving
34    confidential information under  this  Section  who  gives  or
 
HB3002 Engrossed            -3-                LRB9200780TAtm
 1    causes  to  be  given any confidential information concerning
 2    any criminal convictions of a candidate for employment  in  a
 3    direct care position shall be guilty of a Class A misdemeanor
 4    unless  release  of  the  information  is  authorized by this
 5    Section.
 6        A Department employing unit may hire, on  a  probationary
 7    basis,   any  candidate  for  employment  in  a  direct  care
 8    position, authorizing  a  criminal  background  investigation
 9    under  this Section, pending the result of the investigation.
10    A candidate for employment in a direct care position shall be
11    notified before he or she is hired that his or her employment
12    may  be  terminated  on  the  basis  of  criminal  background
13    information obtained by the employing unit.
14        No person may be employed in a direct care  position  who
15    refuses  to  authorize  an  investigation as required by this
16    subsection (c).
17    (Source: P.A. 90-423, eff. 8-15-97.)

18        (20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
19        Sec. 22.  To accept and hold in behalf of the  State,  if
20    for  the public interest, a grant, gift or legacy of money or
21    property to the State of Illinois, to the Department,  or  to
22    any  facility  of  the  Department  made  in  trust  for  the
23    maintenance  or  support  of a recipient at a facility of the
24    Department, or for any  other  legitimate  purpose  connected
25    with  such facility. The Department shall accept any donation
26    for the board and treatment of any recipient. The  Department
27    also may accept and hold a grant, gift, or legacy of money or
28    property  made  or given to a facility of the Department that
29    is no longer operating or to a  facility  of  the  Department
30    that  is  operating  under a different name, provided that if
31    the grant, gift or legacy was made for a particular  purpose,
32    the  Department  shall,  to  the  extent practicable, use the
33    grant, gift or legacy in  a  manner  that  carries  out  that
 
HB3002 Engrossed            -4-                LRB9200780TAtm
 1    purpose  with  regard  to  another  facility  operated by the
 2    Department for the same purpose, or in the latter case,  with
 3    regard  to  that  same  facility  of  the  Department that is
 4    operating under a different name. The Department shall  cause
 5    each gift, grant or legacy to be kept as a distinct fund, and
 6    shall  invest  the same in the manner provided by the laws of
 7    this State as the same  now  exist,  or  shall  hereafter  be
 8    enacted,  relating  to  securities  in which the deposit in a
 9    savings bank may be invested. But the Department may, in  its
10    discretion,  deposit  in  a  proper  trust company or savings
11    bank, during the continuance of the trust, any fund  so  left
12    in  trust for the life of a person, and shall adopt rules and
13    regulations governing the deposit, transfer, or withdrawal of
14    such fund. The Department shall  on  the  expiration  of  any
15    trust  as  provided  in  any  instrument  creating  the same,
16    dispose of the fund thereby created in the manner provided in
17    such instrument. The Department shall include in  its  annual
18    report  a  statement showing what funds are so held by it and
19    the condition thereof. Monies found on the recipients at  the
20    time  of  their  admission,  or accruing to them during their
21    period of  facility  care,  and  monies  deposited  with  the
22    facility  director  by  relatives,  guardians  or  friends of
23    recipients for the  special  comfort  and  pleasure  of  such
24    recipients,  shall  remain  in  the  custody of such facility
25    director who shall act as trustee  for  disbursement  to,  in
26    behalf  of,  or for the benefit of such recipients. All types
27    of retirement and pension benefits from  private  and  public
28    sources  may be paid directly to the director of the facility
29    where the  recipient  is  a  resident,  for  deposit  to  the
30    recipient's  trust  fund  account.  Banks,  trust  companies,
31    savings  and  loan companies and insurance carriers having in
32    their possession funds of  $1,000  or  less  belonging  to  a
33    recipient  in a facility of the Department shall release such
34    funds to the director of the facility where the recipient  is
 
HB3002 Engrossed            -5-                LRB9200780TAtm
 1    a  resident,  for  deposit  to  the  recipient's  trust  fund
 2    account. The facility director shall provide a receipt to any
 3    bank,  trust  company,  savings and loan company or insurance
 4    carrier for  the  amount  received  and  such  receipt  shall
 5    constitute  a  valid  and sufficient discharge and release of
 6    the obligation of such bank, trust company, savings and  loan
 7    company  or  insurance carrier to the recipient for whom such
 8    payment was so made, to the extent of the payment made.  Each
 9    facility director shall keep in a book an itemized account of
10    all receipts and expenditures of funds described in the above
11    proviso,  which  book  shall  be  open  at  all  times to the
12    inspection of the Department.
13    (Source: P.A. 91-357, eff. 7-29-99.)

14        (20 ILCS 1705/48 rep.)
15        (20 ILCS 1705/50 rep.)
16        (20 ILCS 1705/52 rep.)
17        Section  10.  The   Mental   Health   and   Developmental
18    Disabilities  Administrative  Act  is  amended  by  repealing
19    Sections 48, 50, and 52.

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