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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.

MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
(405 ILCS 80/) Developmental Disability and Mental Disability Services Act.

405 ILCS 80/Art. III

 
    (405 ILCS 80/Art. III heading)
ARTICLE III

405 ILCS 80/3-1

    (405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)
    Sec. 3-1. This Article shall be known and may be cited as the Family Assistance Law for Children with Mental Disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-2

    (405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
    Sec. 3-2. The purpose of this Article is to create a mandate for the Department of Human Services to strengthen and promote families who provide care within the family home for children whose level of mental illness or developmental disability constitutes a risk of out-of-home placement. It is the intent of this Article to strengthen, promote and empower families to determine the most appropriate use of resources to address the unique and changing needs of those families' children with mental disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-3

    (405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
    Sec. 3-3. As used in this Article, unless the context requires otherwise:
    (a) "Agency" means an agency or entity licensed by the Department pursuant to this Article or pursuant to the Community Residential Alternatives Licensing Act.
    (b) "Department" means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities.
    (c) "Department-funded out-of-home placement services" means those services for which the Department pays the partial or full cost of care of the residential placement.
    (d) "Family" or "families" means a family member or members and his, her or their parents or legal guardians.
    (e) "Family member" means a child 17 years old or younger who has one of the following conditions: severe autism, severe emotional disturbance, a severe or profound intellectual disability, or severe and multiple impairments.
    (f) "Legal guardian" means a person appointed by a court of competent jurisdiction to exercise certain powers on behalf of a family member and with whom the family member resides.
    (g) "Parent" means a biological or adoptive parent with whom the family member resides, or a person licensed as a foster parent under the laws of this State, acting as a family member's foster parent, and with whom the family member resides.
    (h) "Severe autism" means a lifelong developmental disability which is typically manifested before 30 months of age and is characterized by severe disturbances in reciprocal social interactions; verbal and nonverbal communication and imaginative activity; and repertoire of activities and interests. A person shall be determined severely autistic, for purposes of this Article, if both of the following are present:
        (1) Diagnosis consistent with the criteria for
    
autistic disorder in the current edition of the Diagnostic and Statistical Manual of Mental Disorders;
        (2) Severe disturbances in reciprocal social
    
interactions; verbal and nonverbal communication and imaginative activity; and repertoire of activities and interests. A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist. A determination of severe autism shall not be based solely on behaviors relating to environmental, cultural or economic differences.
    (i) "Severe mental illness" means the manifestation of all of the following characteristics:
        (1) a severe mental illness characterized by the
    
presence of a mental disorder in children or adolescents, classified in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition - Revised), as now or hereafter revised, excluding V-codes (as that term is used in the current edition of the Diagnostic and Statistical Manual of Mental Disorders), adjustment disorders, the presence of an intellectual disability when no other mental disorder is present, alcohol or substance abuse, or other forms of dementia based upon organic or physical disorders; and
        (2) a functional disability of an extended duration
    
which results in substantial limitations in major life activities.
    A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or a psychiatrist.
    (j) "Severe or profound intellectual disability" means a manifestation of all of the following characteristics:
        (1) A diagnosis which meets Classification in Mental
    
Retardation or criteria in the current edition of the Diagnostic and Statistical Manual of Mental Disorders for severe or profound mental retardation (an IQ of 40 or below). This must be measured by a standardized instrument for general intellectual functioning.
        (2) A severe or profound level of adaptive behavior.
    
This must be measured by a standardized adaptive behavior scale or informal appraisal by the professional in keeping with illustrations in Classification in Mental Retardation, 1983.
        (3) Disability diagnosed before age of 18.
    A determination of a severe or profound intellectual disability shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist, certified school psychologist, a psychiatrist or other physician licensed to practice medicine in all its branches, and shall not be based solely on behaviors relating to environmental, cultural or economic differences.
    (k) "Severe and multiple impairments" means the manifestation of all the following characteristics:
        (1) The evaluation determines the presence of a
    
developmental disability which is expected to continue indefinitely, constitutes a substantial disability and is attributable to any of the following:
            (A) Intellectual disability, which is defined as
        
general intellectual functioning that is 2 or more standard deviations below the mean concurrent with impairment of adaptive behavior which is 2 or more standard deviations below the mean. Assessment of the individual's intellectual functioning must be measured by a standardized instrument for general intellectual functioning.
            (B) Cerebral palsy.
            (C) Epilepsy.
            (D) Autism.
            (E) Any other condition which results in
        
impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities.
        (2) The evaluation determines multiple disabilities
    
in physical, sensory, behavioral or cognitive functioning which constitute a severe or profound impairment attributable to one or more of the following:
            (A) Physical functioning, which severely impairs
        
the individual's motor performance that may be due to:
                (i) Neurological, psychological or physical
            
involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia,
                (ii) Severe organ systems involvement such as
            
congenital heart defect,
                (iii) Physical abnormalities resulting in the
            
individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or
                (iv) The need for regular medical or nursing
            
supervision such as gastrostomy care and feeding.
            Assessment of physical functioning must be based
        
on clinical medical assessment, using the appropriate instruments, techniques and standards of measurement required by the professional.
            (B) Sensory, which involves severe restriction
        
due to hearing or visual impairment limiting the individual's movement and creating dependence in completing most daily activities. Hearing impairment is defined as a loss of 70 decibels aided or speech discrimination of less than 50% aided. Visual impairment is defined as 20/200 corrected in the better eye or a visual field of 20 degrees or less. Sensory functioning must be based on clinical medical assessment using the appropriate instruments, techniques and standards of measurement required by the professional.
            (C) Behavioral, which involves behavior that is
        
maladaptive and presents a danger to self or others, is destructive to property by deliberately breaking, destroying or defacing objects, is disruptive by fighting, or has other socially offensive behaviors in sufficient frequency or severity to seriously limit social integration. Assessment of behavioral functioning may be measured by a standardized scale or informal appraisal by the medical professional.
            (D) Cognitive, which involves intellectual
        
functioning at a measured IQ of 70 or below. Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.
        (3) The evaluation determines that development is
    
substantially less than expected for the age in cognitive, affective or psychomotor behavior as follows:
            (A) Cognitive, which involves intellectual
        
functioning at a measured IQ of 70 or below. Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.
            (B) Affective behavior, which involves over and
        
under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society. Affective behavior must be based on clinical medical and psychiatric assessment using the appropriate instruments, techniques and standards of measurement required by the professional.
            (C) Psychomotor, which includes a severe
        
developmental delay in fine or gross motor skills so that development in self-care, social interaction, communication or physical activity will be greatly delayed or restricted.
        (4) A determination that the disability originated
    
before the age of 18 years.
    A determination of severe and multiple impairments shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist. If the examiner is a licensed clinical psychologist, ancillary evaluation of physical impairment, cerebral palsy or epilepsy must be made by a physician licensed to practice medicine in all its branches.
    Regardless of the discipline of the examiner, ancillary evaluation of visual impairment must be made by an ophthalmologist or a licensed optometrist.
    Regardless of the discipline of the examiner, ancillary evaluation of hearing impairment must be made by an otolaryngologist or an audiologist with a certificate of clinical competency.
    The only exception to the above is in the case of a person with cerebral palsy or epilepsy who, according to the eligibility criteria listed below, has multiple impairments which are only physical and sensory. In such a case, a physician licensed to practice medicine in all its branches may serve as the examiner.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-4

    (405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)
    Sec. 3-4. The Department shall establish a Family Assistance Program for Children with Mental Disabilities ("the Program") under this Article. The purpose of the Program is to strengthen and promote the family and to prevent the out-of-home placement of children with mental disabilities. The Department shall implement the purpose of the Program by providing funds directly to families to defray some of the costs of caring for family members who have mental disabilities, thereby preventing or delaying the out-of-home placement of family members.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-5

    (405 ILCS 80/3-5) (from Ch. 91 1/2, par. 1803-5)
    Sec. 3-5. The Department shall create application forms which shall be used to determine the eligibility of families for the Program. The forms shall require at least the following items of information which constitute the eligibility criteria for participation in the Program:
    (a) A statement that the family resides in the State of Illinois.
    (b) A statement that the family member is 17 years of age or younger.
    (c) A statement that the family member resides, or is expected to reside, with his or her parent or legal guardian, or that the family member resides in an out-of-home placement with the expectation of residing with the parent or legal guardian within 2 months of the date of the application.
    (d) Verification that the family member has one of the following conditions: severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments. Verification of the family member's condition shall be:
        (1) by the family member's local school district for
    
family members enrolled with a local school district; or
        (2) by an entity designated by the Department.
    (e) Verification that the taxable income for the family for the year immediately preceding the date of the application did not exceed an amount to be established by rule of the Department, unless it can be verified that the taxable income for the family for the year in which the application is made will be less than such amount. The maximum taxable family income set by rule of the Department may not be less than $65,000 beginning January 1, 2008.
(Source: P.A. 97-227, eff. 1-1-12.)

405 ILCS 80/3-6

    (405 ILCS 80/3-6) (from Ch. 91 1/2, par. 1803-6)
    Sec. 3-6. A family shall submit to the Department a completed application form signed by the family member's parent or legal guardian. If the application for participation in the Program is approved by the Department and the family member is eligible to receive services under this Article, the Department shall provide a stipend directly to the family member's parent or legal guardian. Additionally, the Department shall make the family aware of available local family support resources including in-home services, crisis intervention, respite care and other specialized mental health or developmental disabilities services. The stipend shall be used by the parent or legal guardian to assist the family in meeting the expenses associated with the presence of the family member within the family home. The family member's parent or legal guardian shall be responsible for determining the appropriate use of the stipend. The stipend shall be considered a benefit to the family member and shall be paid on a monthly basis to the family member's parent or legal guardian. The amount of the monthly stipend shall be equal to the amount of the monthly federal Supplemental Security Income Payment for an individual residing alone.
    Upon approval by the Department, participating families may receive a lump sum payment equivalent to and instead of up to 6 monthly stipend payments that they are authorized to receive under the program. The lump sum payment is for services or tangible items directly related to meeting basic needs related to the person's mental disabilities. Tangible items include, but are not limited to: adaptive equipment, medication not covered by third-party payments, and residential modifications.
(Source: P.A. 88-388.)

405 ILCS 80/3-7

    (405 ILCS 80/3-7) (from Ch. 91 1/2, par. 1803-7)
    Sec. 3-7. Except as otherwise provided in this Article, the stipend paid to the family member's parent or legal guardian is intended to complement but not supplant public assistance or social service benefits based upon economic need and available through other governmental programs.
(Source: P.A. 86-921.)

405 ILCS 80/3-8

    (405 ILCS 80/3-8) (from Ch. 91 1/2, par. 1803-8)
    Sec. 3-8. In addition to the monthly stipend payment to eligible families under the Program, the parent or legal guardian of a family member who is in an out-of-home placement at the time of application may apply for and receive a single, one-time advance payment in the amount of twice the monthly stipend, for the purpose of meeting the special needs of the family to prepare for the in-home care of the family member.
(Source: P.A. 86-921.)

405 ILCS 80/3-9

    (405 ILCS 80/3-9) (from Ch. 91 1/2, par. 1803-9)
    Sec. 3-9. Payment of the stipend under the Program shall cease if any of the following occurs:
    (a) the family member dies;
    (b) the family no longer meets the eligibility criteria;
    (c) the family member attains the age of 18 years;
    (d) the family fails to make a report of any of the occurrences specified in clauses (a) through (c);
    (e) the parent or legal guardian submits false information in an application or reapplication to the Department;
    (f) the parent or legal guardian fails to make a report or statement as required under Section 3-10 or 3-11; or
    (g) the parent or legal guardian submits false information in a statement to the Department under Section 2-11.
(Source: P.A. 86-921.)

405 ILCS 80/3-9.1

    (405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)
    Sec. 3-9.1. If an individual is terminated from the Program solely because the individual has attained the age of 18 years, the individual shall be allowed, through a transition process, to enter the Home-Based Support Program for Adults with Mental Disabilities if he or she meets the eligibility requirements set forth in Article II for that program.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-10

    (405 ILCS 80/3-10) (from Ch. 91 1/2, par. 1803-10)
    Sec. 3-10. A parent or legal guardian receiving a stipend under this Article shall report to the Department in writing within 7 working days either of the following:
    (a) the occurrence of any event set forth in clauses (a) through (c) of Section 3-9; and
    (b) a request by the family member's parent or legal guardian for termination of the family support stipend.
(Source: P.A. 86-921.)

405 ILCS 80/3-11

    (405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)
    Sec. 3-11. Families will be required to provide assurances that the stipend will be used for the benefit of the person with a disability such that it will insure their continued successive development. Annually, the family shall submit to the Department a written statement signed by the family member's parent or legal guardian which states that the stipend was used to meet the special needs of the family.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/3-12

    (405 ILCS 80/3-12) (from Ch. 91 1/2, par. 1803-12)
    Sec. 3-12. The parent or legal guardian shall reapply on an annual basis to participate in the Program.
(Source: P.A. 86-921.)

405 ILCS 80/3-13

    (405 ILCS 80/3-13) (from Ch. 91 1/2, par. 1803-13)
    Sec. 3-13. The Department shall conduct a program of outreach and public information on a statewide basis to inform families of the availability of the Program. The Department shall contact the parents or legal guardians of all children who are presently in out-of-home placements funded by the Department, to inform the families of the availability of the Program. In conducting the public information program, the Department may utilize public media, the existing perinatal network, early intervention centers, local education agencies and local health departments.
(Source: P.A. 86-921.)

405 ILCS 80/3-14

    (405 ILCS 80/3-14) (from Ch. 91 1/2, par. 1803-14)
    Sec. 3-14. (Repealed).
(Source: P.A. 86-921. Repealed by P.A. 92-111, eff. 1-1-02.)

405 ILCS 80/3-15

    (405 ILCS 80/3-15) (from Ch. 91 1/2, par. 1803-15)
    Sec. 3-15. If the Department denies an application for a stipend under the Program, the Department shall give written notice of the denial to the parent or legal guardian. The parent or legal guardian may appeal the Department's denial within 20 days after receipt of the Department's written notice by mailing a written appeal request to the Department. The Department's denial of an appeal shall constitute a final administrative decision. Final administrative decisions shall be subject to judicial review exclusively as provided in the Administrative Review Law, as now or hereafter amended, except that any petition for judicial review of a final administrative decision by the Department under this Article shall be filed within 30 days after receipt of notice of the Department's final administrative decision. The term "administrative decision" has the meaning ascribed to it in Section 3-101 of the Code of Civil Procedure, as now or hereafter amended.
(Source: P.A. 86-921.)

405 ILCS 80/3-17

    (405 ILCS 80/3-17) (from Ch. 91 1/2, par. 1803-17)
    Sec. 3-17. The Department shall make available financial assistance to families with children with a developmental disability in order to effectuate implementation of Article I of this Act. The Department shall develop a plan and rules for making the family assistance program uniformly available to eligible families throughout the State to the extent that appropriations allow.
(Source: P.A. 88-380.)