Illinois Compiled Statutes
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20 ILCS 2407/10
(20 ILCS 2407/10)
Application of Act; definitions.
(a) This Act
applies to persons with disabilities. The disabilities included are
defined for purposes of this Act as follows:
"Disability" means a disability as defined by the Americans
with Disabilities Act of 1990 that is attributable to a
developmental disability, a mental illness, or a physical
disability, or combination of those.
"Developmental disability" means a disability that is
attributable to an intellectual disability or a related condition. A
related condition must meet all of the following conditions:
(1) It must be attributable to cerebral palsy,
epilepsy, or any other condition (other than mental illness) found to be closely related to an intellectual disability because that condition results in impairment of general intellectual functioning or adaptive behavior similar to that of individuals with an intellectual disability, and requires treatment or services similar to those required for those individuals. For purposes of this Section, autism is considered a related condition.
(2) It must be manifested before the individual
(3) It must be likely to continue indefinitely.
(4) It must result in substantial functional
limitations in 3 or more of the following areas of major life activity: self-care, language, learning, mobility, self-direction, and capacity for independent living.
"Mental Illness" means a mental or emotional disorder
verified by a diagnosis contained in the
Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition, published
by the American Psychiatric Association (DSM-IV), or its successor, or
International Classification of Diseases, 9th Revision, Clinical Modification
(ICD-9-CM), or its successor, that
substantially impairs a person's cognitive, emotional, or
behavioral functioning, or any combination of those, excluding
(i) conditions that may be the focus of clinical attention but are not of
sufficient duration or severity to be categorized as a mental illness, such as
parent-child relational problems, partner-relational problems, sexual abuse of
a child, bereavement, academic problems, phase-of-life problems, and
occupational problems (collectively, "V codes"), (ii) organic disorders such as
substance intoxication dementia, substance withdrawal dementia, Alzheimer's
disease, vascular dementia, dementia due to HIV infection, and dementia due to Creutzfeldt-Jakob
and disorders associated with
known or unknown physical conditions such as hallucinosis, amnestic
disorders and delirium, and psychoactive substance-induced organic
disorders, and (iii) an intellectual disability or psychoactive substance use
"Intellectual disability" means significantly sub-average general
intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested before the age of 22 years.
"Physical disability" means a disability as defined by the
Americans with Disabilities Act of 1990 that meets the following
(1) It is attributable to a physical impairment.
(2) It results in a substantial functional limitation
in any of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic sufficiency.
(3) It reflects the person's need for a combination
and sequence of special, interdisciplinary, or general care, treatment, or other services that are of lifelong or of extended duration and must be individually planned and coordinated.
(b) In this Act:
"Chronological age-appropriate services" means services, activities,
and strategies for persons with disabilities that are
representative of the lifestyle activities of nondisabled peers of similar
age in the community.
"Comprehensive evaluation" means procedures used by qualified professionals
selectively with an individual to
determine whether a person has a disability and the nature
and extent of the services that the person with a disability
"Department" means the Department on Aging, the Department of Human Services,
the Department of Public Health, the Department of
Public Aid (now Department Healthcare and Family Services), the University of Illinois Division of Specialized Care for
Children, the Department of Children and Family Services, and the Illinois
Board of Education, where appropriate, as designated in the implementation plan
developed under Section 20.
"Family" means a natural, adoptive, or foster parent or parents or
other person or persons responsible for the care of an individual with a
disability in a family setting.
"Family or individual support" means those resources and services
that are necessary to maintain an individual with a
disability within the family home or his or her own home. These services may
include, but are not
limited to, cash subsidy, respite care, and counseling services.
"Independent service coordination" means a social service that enables
with developmental disabilities and their families to locate, use, and
opportunities in their communities on the basis of individual need. Independent
coordination is independent of providers of services and funding sources and is
to ensure accessibility, continuity of care, and accountability and to maximize
potential of persons with developmental disabilities for independence,
the community. Independent service coordination includes, at a minimum: (i)
identify eligible individuals; (ii) assessment and periodic reassessment to
individual's strengths, functional limitations, and need for specific services;
participation in the development of a comprehensive individual service or
(iv) referral to and linkage with needed services and supports; (v) monitoring
the delivery of appropriate services and to determine individual progress in
and objectives; and (vi) advocacy to assist the person in obtaining all
services for which
he or she is eligible or entitled.
"Individual service or treatment plan" means a recorded assessment of the
of a person with a disability, a description of the services
recommended, the goals of each type of element of service, an anticipated
timetable for the accomplishment of the goals, and a designation of the
qualified professionals responsible for the implementation of the plan.
"Least restrictive environment" means an environment that
represents the least departure from the normal patterns of living and that
effectively meets the needs of the person receiving the service.
(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)