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92nd General Assembly

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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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