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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(320 ILCS 10/) Respite Program Act.

320 ILCS 10/1

    (320 ILCS 10/1) (from Ch. 23, par. 6201)
    Sec. 1. Short title. This Act may be cited as the Respite Program Act.
(Source: P.A. 87-974.)

320 ILCS 10/1.5

    (320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
    Sec. 1.5. Purpose. It is hereby found and determined by the General Assembly that respite care provides relief and support to the primary care-giver of a frail or disabled adult and provides a break for the caregiver from the continuous responsibilities of care-giving. Without this support, the primary care-giver's ability to continue in his or her role would be jeopardized; thereby increasing the risk of institutionalization of the frail or disabled adult.
    By providing respite care through intermittent planned or emergency relief to the care-giver during the regular week-day, evening, and weekend hours, both the special physical and psychological needs of the primary care-giver and the frail or disabled adult, who is the recipient of continuous care, shall be met reducing or preventing the need for institutionalization.
    Furthermore, the primary care-giver providing continuous care is frequently under substantial financial stress. Respite care and other supportive services sustain and preserve the primary care-giver and family caregiving unit. It is the intent of the General Assembly that this Act ensure that Illinois primary care-givers of frail or disabled adults have access to affordable, appropriate in-home respite care services.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/2

    (320 ILCS 10/2) (from Ch. 23, par. 6202)
    Sec. 2. Definitions. As used in this Act:
    (1) "Respite care" means the provision of intermittent and temporary substitute care or supervision of frail or disabled adults on behalf of and in the absence of the primary care-giver, for the purpose of providing relief from the stress or responsibilities concomitant with providing constant care, so as to enable the care-giver to continue the provision of care in the home. Respite care should be available to sustain the care-giver throughout the period of care-giving, which can vary from several months to a number of years. Respite care can be provided in the home, in a day care setting during the day, overnight, in a substitute residential setting such as a long-term care facility required to be licensed under the Nursing Home Care Act or the Assisted Living and Shared Housing Act, or for more extended periods of time on a temporary basis.
    (1.5) "In-home respite care" means care provided by an appropriately trained paid worker providing short-term intermittent care, supervision, or companionship to the frail or disabled adult in the home while relieving the care-giver, by permitting a short-term break from the care-giver's care-giving role. This support may contribute to the delay, reduction, and prevention of institutionalization by enabling the care-giver to continue in his or her care-giving role. In-home respite care should be flexible and available in a manner that is responsive to the needs of the care-giver. This may consist of evening respite care services that are available from 6:00 p.m. to 8:00 a.m. Monday through Friday and weekend respite care services from 6:00 p.m. Friday to 8:00 a.m. Monday.
    (2) "Care-giver" shall mean the family member or other natural person who normally provides the daily care or supervision of a frail or disabled adult. Such care-giver may, but need not, reside in the same household as the frail or disabled adult.
    (3) (Blank).
    (4) (Blank).
    (5) (Blank).
    (6) "Department" shall mean the Department on Aging.
    (7) (Blank).
    (8) "Frail or disabled adult" shall mean any person who is 60 years of age or older and who either (i) suffers from Alzheimer's disease or a related disorder or (ii) is unable to attend to his or her daily needs without the assistance or regular supervision of a care-giver due to mental or physical impairment and who is otherwise eligible for services on the basis of his or her level of impairment.
    (9) "Emergency respite care" means the immediate placement of a trained, in-home respite care worker in the home during an emergency or unplanned event, or during a temporary placement outside the home, to substitute for the care-giver. Emergency respite care may be provided on one or more occasions unless an extension is deemed necessary by the case coordination unit or by another agency designated by the Department and area agencies on aging to conduct needs assessments for respite care services. When there is an urgent need for emergency respite care, procedures to accommodate this need must be determined. An emergency is:
        (a) An unplanned event that results in the immediate
and unavoidable absence of the care-giver from the home in an excess of 4 hours at a time when no other qualified care-giver is available.
        (b) An unplanned situation that prevents the
care-giver from providing the care required by a frail or disabled adult living at home.
        (c) An unplanned event that threatens the health and
safety of the frail or disabled adult.
        (d) An unplanned event that threatens the health and
safety of the care-giver thereby placing the frail or disabled adult in danger.
    (10) (Blank).
(Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)

320 ILCS 10/3

    (320 ILCS 10/3) (from Ch. 23, par. 6203)
    Sec. 3. Respite Program. The Director is hereby authorized to administer a program of assistance to persons in need and to deter the institutionalization of frail or disabled adults.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/4

    (320 ILCS 10/4) (from Ch. 23, par. 6204)
    Sec. 4. No Limit to Care. Nothing contained in this Act shall be construed so as to limit, modify or otherwise affect the provisions for in-home services being provided under Section 4.02 of the Illinois Act on the Aging.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/5

    (320 ILCS 10/5) (from Ch. 23, par. 6205)
    Sec. 5. Eligibility. The Department may establish eligibility standards for respite services taking into consideration the unique economic and social needs of the population for whom they are to be provided. The population identified for the purposes of this Act includes persons suffering from Alzheimer's disease or a related disorder and persons who are 60 years of age or older with an identified service need. Priority shall be given in all cases to frail or disabled adults.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/6

    (320 ILCS 10/6) (from Ch. 23, par. 6206)
    Sec. 6. Responsibilities.
    (a) The Department shall administer this Act and shall adopt rules and standards the Department deems necessary for that purpose.
    (b) The Department shall make grants to or contract with Area Agencies on Aging and other appropriate community-based organizations to provide respite care under this Act.
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) Nothing in this Act shall be construed to limit, modify, or otherwise affect the provision of long-term in-home services under Section 4.02 of the Illinois Act on the Aging.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/7

    (320 ILCS 10/7) (from Ch. 23, par. 6207)
    Sec. 7. (Repealed).
(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/8

    (320 ILCS 10/8) (from Ch. 23, par. 6208)
    Sec. 8. Funding. Services authorized under this Act shall be funded only to the extent of available appropriations for such purposes. The Director may seek and obtain State and federal funds that may be available to finance respite care under this Act, and may also seek and obtain other non-state resources for which the State may be eligible. The Department may seek appropriate waivers of federal requirements from the U.S. Department of Health and Human Services.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/9

    (320 ILCS 10/9) (from Ch. 23, par. 6209)
    Sec. 9. (Repealed).
(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/10

    (320 ILCS 10/10) (from Ch. 23, par. 6210)
    Sec. 10. (Repealed).
(Source: P.A. 87-974. Repealed by P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/11

    (320 ILCS 10/11) (from Ch. 23, par. 6211)
    Sec. 11. Respite Care Worker Training.
    (a) A respite care worker shall be an appropriately trained individual whose duty it is to provide in-home supervision and assistance to a frail or disabled adult in order to allow the care-giver a break from his or her continuous care-giving responsibilities.
    (b) The Director may prescribe minimum training guidelines for respite care workers to ensure that the special needs of persons receiving services under this Act and their caregivers will be met. The Director may designate Alzheimer's disease associations and community agencies to conduct such training. Nothing in this Act should be construed to exempt any individual providing a service subject to licensure or certification under State law from these requirements.
(Source: P.A. 93-864, eff. 8-5-04.)

320 ILCS 10/12

    (320 ILCS 10/12) (from Ch. 23, par. 6212)
    Sec. 12. Annual Report. The Director shall submit a report each year to the Governor and the General Assembly detailing the progress of the respite care services provided under this Act.
(Source: P.A. 93-864, eff. 8-5-04.)