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Public Act 92-0218
HB3002 Enrolled LRB9200780TAtm
AN ACT concerning human services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4.2 and 22 as follows:
(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
Sec. 4.2. Facility staff. (a) The Department shall
describe and delineate guidelines for each of the facilities
it operates regarding the number and qualifications of the
staff required to carry out prescribed duties. The guidelines
shall be based on consideration of recipient needs as well as
professional and programmatic requirements, including those
established for purposes of national accreditation and for
certification under Titles XVIII and XIX of the federal
Social Security Act. The Department shall utilize those
guidelines in the preparation of its annual plan and shall
include in the plan a report of efforts in management and
budgeting at each facility to achieve staffing targets
established in relation to the guidelines.
(b) As used in this Section, "direct care position"
means any position with the Department in which the job
titles which will regularly or temporarily entail contact
with recipients in the Department's facilities for persons
with a mental illness or a developmental disability.
(c) The Department shall require that each candidate for
employment in a direct care position, as a condition of
employment, shall submit to a fingerprint-based criminal
background investigation to determine whether the candidate
for employment in a direct care position has ever been
charged with a crime and, if so, the disposition of those
charges. This authorization shall indicate the scope of the
inquiry and the agencies which may be contacted. Upon this
authorization, the Director (or, on or after July 1, 1997,
the Secretary) shall request and receive information and
assistance from any federal, State or local governmental
agency as part of the authorized investigation. The
Department of State Police shall provide information
concerning any criminal charges, and their disposition, now
or hereafter filed against a candidate for employment in a
direct care position upon request of the Department when the
request is made in the form and manner required by the
Department of State Police.
Information concerning convictions of a candidate for
employment in a direct care position investigated under this
Section, including the source of the information and any
conclusions or recommendations derived from the information,
shall be provided, upon request, to the candidate for
employment in a direct care position before final action by
the Department on the application. Information on convictions
of a candidate for employment in a direct care position under
this Act shall be provided to the director of the employing
unit, and, upon request, to the candidate for employment in a
direct care position. Any information concerning criminal
charges and the disposition of those charges obtained by the
Department shall be confidential and may not be transmitted
outside the Department, except as required in this Act, and
may not be transmitted to anyone within the Department except
as needed for the purpose of evaluating an application of a
candidate for employment in a direct care position. Only
information and standards which bear a reasonable and
rational relation to the performance of a direct care
position shall be used by the Department. Any employee of the
Department or the Department of State Police receiving
confidential information under this Section who gives or
causes to be given any confidential information concerning
any criminal convictions of a candidate for employment in a
direct care position shall be guilty of a Class A misdemeanor
unless release of the information is authorized by this
Section.
A Department employing unit may hire, on a probationary
basis, any candidate for employment in a direct care
position, authorizing a criminal background investigation
under this Section, pending the result of the investigation.
A candidate for employment in a direct care position shall be
notified before he or she is hired that his or her employment
may be terminated on the basis of criminal background
information obtained by the employing unit.
No person may be employed in a direct care position who
refuses to authorize an investigation as required by this
subsection (c).
(Source: P.A. 90-423, eff. 8-15-97.)
(20 ILCS 1705/22) (from Ch. 91 1/2, par. 100-22)
Sec. 22. To accept and hold in behalf of the State, if
for the public interest, a grant, gift or legacy of money or
property to the State of Illinois, to the Department, or to
any facility of the Department made in trust for the
maintenance or support of a recipient at a facility of the
Department, or for any other legitimate purpose connected
with such facility. The Department shall accept any donation
for the board and treatment of any recipient. The Department
also may accept and hold a grant, gift, or legacy of money or
property made or given to a facility of the Department that
is no longer operating or to a facility of the Department
that is operating under a different name, provided that if
the grant, gift or legacy was made for a particular purpose,
the Department shall, to the extent practicable, use the
grant, gift or legacy in a manner that carries out that
purpose with regard to another facility operated by the
Department for the same purpose, or in the latter case, with
regard to that same facility of the Department that is
operating under a different name. The Department shall cause
each gift, grant or legacy to be kept as a distinct fund, and
shall invest the same in the manner provided by the laws of
this State as the same now exist, or shall hereafter be
enacted, relating to securities in which the deposit in a
savings bank may be invested. But the Department may, in its
discretion, deposit in a proper trust company or savings
bank, during the continuance of the trust, any fund so left
in trust for the life of a person, and shall adopt rules and
regulations governing the deposit, transfer, or withdrawal of
such fund. The Department shall on the expiration of any
trust as provided in any instrument creating the same,
dispose of the fund thereby created in the manner provided in
such instrument. The Department shall include in its annual
report a statement showing what funds are so held by it and
the condition thereof. Monies found on the recipients at the
time of their admission, or accruing to them during their
period of facility care, and monies deposited with the
facility director by relatives, guardians or friends of
recipients for the special comfort and pleasure of such
recipients, shall remain in the custody of such facility
director who shall act as trustee for disbursement to, in
behalf of, or for the benefit of such recipients. All types
of retirement and pension benefits from private and public
sources may be paid directly to the director of the facility
where the recipient is a resident, for deposit to the
recipient's trust fund account. Banks, trust companies,
savings and loan companies and insurance carriers having in
their possession funds of $1,000 or less belonging to a
recipient in a facility of the Department shall release such
funds to the director of the facility where the recipient is
a resident, for deposit to the recipient's trust fund
account. The facility director shall provide a receipt to any
bank, trust company, savings and loan company or insurance
carrier for the amount received and such receipt shall
constitute a valid and sufficient discharge and release of
the obligation of such bank, trust company, savings and loan
company or insurance carrier to the recipient for whom such
payment was so made, to the extent of the payment made. Each
facility director shall keep in a book an itemized account of
all receipts and expenditures of funds described in the above
proviso, which book shall be open at all times to the
inspection of the Department.
(Source: P.A. 91-357, eff. 7-29-99.)
(20 ILCS 1705/48 rep.)
(20 ILCS 1705/50 rep.)
(20 ILCS 1705/52 rep.)
Section 10. The Mental Health and Developmental
Disabilities Administrative Act is amended by repealing
Sections 48, 50, and 52.
Passed in the General Assembly May 10, 2001.
Approved August 02, 2001.
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