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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 80/0.01

    (405 ILCS 80/0.01) (from Ch. 91 1/2, par. 1800-1)
    Sec. 0.01. This Act may be cited as the Developmental Disability and Mental Disability Services Act.
(Source: P.A. 86-1324.)

405 ILCS 80/Art. I

 
    (405 ILCS 80/Art. I heading)
ARTICLE I
(Article repealed by P.A. 93-638, eff. 12-31-03)

405 ILCS 80/Art. II

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

405 ILCS 80/2-1

    (405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)
    Sec. 2-1. This Article may be cited as the Home-Based Support Services Law for Adults with Mental Disabilities.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-2

    (405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
    Sec. 2-2. The purpose of this Article is to authorize the Department of Human Services to encourage, develop, sponsor and fund home-based and community-based services for adults with mental disabilities in order to provide alternatives to institutionalization and to permit adults with mental disabilities to remain in their own homes.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-3

    (405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
    Sec. 2-3. 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) "Home-based services" means services provided to an adult with a mental disability who lives in his or her own home. These services include but are not limited to:
        (1) home health services;
        (2) case management;
        (3) crisis management;
        (4) training and assistance in self-care;
        (5) personal care services;
        (6) habilitation and rehabilitation services;
        (7) employment-related services;
        (8) respite care; and
        (9) other skill training that enables a person to
    
become self-supporting.
    (d) "Legal guardian" means a person appointed by a court of competent jurisdiction to exercise certain powers on behalf of an adult with a mental disability.
    (e) "Adult with a mental disability" means a person over the age of 18 years who lives in his or her own home; who needs home-based services, but does not require 24-hour-a-day supervision; and who has one of the following conditions: severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments.
    (f) In one's "own home" means that an adult with a mental disability lives alone; or that an adult with a mental disability is in full-time residence with his or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability.
    (g) "Parent" means the biological or adoptive parent of an adult with a mental disability, or a person licensed as a foster parent under the laws of this State who acts as a foster parent to an adult with a mental disability.
    (h) "Relative" means any of the following relationships by blood, marriage or adoption: parent, son, daughter, brother, sister, grandparent, uncle, aunt, nephew, niece, great grandparent, great uncle, great aunt, stepbrother, stepsister, stepson, stepdaughter, stepparent or first cousin.
    (i) "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; 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.
    (j) "Severe mental illness" means the manifestation of all of the following characteristics:
        (1) A primary diagnosis of one of the major mental
    
disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed below:
            (A) Schizophrenia disorder.
            (B) Delusional disorder.
            (C) Schizo-affective disorder.
            (D) Bipolar affective disorder.
            (E) Atypical psychosis.
            (F) Major depression, recurrent.
        (2) The individual's mental illness must
    
substantially impair his or her functioning in at least 2 of the following areas:
            (A) Self-maintenance.
            (B) Social functioning.
            (C) Activities of community living.
            (D) Work skills.
        (3) Disability must be present or expected to be
    
present for at least one year.
    A determination of severe mental illness shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist, and shall not be based solely on behaviors relating to environmental, cultural or economic differences.
    (k) "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 disturbed 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 or certified school psychologist or a psychiatrist, and shall not be based solely on behaviors relating to environmental, cultural or economic differences.
    (l) "Severe and multiple impairments" means the manifestation of all of 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 by a physician licensed to practice medicine in all its branches, 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 by a physician licensed to practice medicine in all its branches 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 a clinical psychologist or psychiatrist.
            (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 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.
    (m) "Twenty-four-hour-a-day supervision" means 24-hour-a-day care by a trained mental health or developmental disability professional on an ongoing basis.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

405 ILCS 80/2-4

    (405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)
    Sec. 2-4. The Department shall establish a Home-Based Support Services Program for Adults with Mental Disabilities ("the Program") under this Article. The purpose of the Program is to provide alternatives to institutionalization of adults with mental disabilities and to permit these individuals to live in their own homes. The Department shall implement the purpose of the Program by providing home-based services to adults with mental disabilities who need home-based services and who live in their own homes.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-5

    (405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
    Sec. 2-5. The Department shall establish eligibility standards for the Program, taking into consideration the disability levels and service needs of the target population. The Department shall create application forms which shall be used to determine the eligibility of adults with mental disabilities to participate in the Program. The forms shall be made available by the Department and shall require at least the following items of information which constitute eligibility criteria for participation in the Program:
        (a) A statement that the adult with a mental
    
disability resides in the State of Illinois and is over the age of 18 years.
        (b) Verification that the adult with a mental
    
disability has one of the following conditions: severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments.
        (c) Verification that the adult with a mental
    
disability has applied and is eligible for federal Supplemental Security Income or federal Social Security Disability Income benefits.
        (d) Verification that the adult with a mental
    
disability resides full-time in his or her own home or that, within 2 months of receipt of services under this Article, he or she will reside full-time in his or her own home.
    The Department may by rule adopt provisions establishing liability of responsible relatives of a recipient of services under this Article for the payment of sums representing charges for services to such recipient. Such rules shall be substantially similar to the provisions for such liability contained in Chapter V of the Mental Health and Developmental Disabilities Code, as now or hereafter amended, and rules adopted pursuant thereto.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)

405 ILCS 80/2-6

    (405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
    Sec. 2-6. An application for the Program shall be submitted to the Department by the adult with a mental disability or, if the adult with a mental disability requires a guardian, by his or her legal guardian. If the application for participation in the Program is approved by the Department and the adult with a mental disability is eligible to receive services under this Article, the adult with a mental disability shall be made aware of the availability of a community support team and shall be offered case management services. The amount of the home-based services provided by the Department in any month shall be determined by the service plan of the adult with a mental disability, but in no case shall it be more than either:
        (a) three hundred percent of the monthly federal
    
Supplemental Security Income payment for an individual residing alone if the adult with a mental disability is not enrolled in a special education program by a local education agency, or
        (b) two hundred percent of the monthly Supplemental
    
Security Income payment for an individual residing alone if the adult with a mental disability is enrolled in a special education program by a local education agency.
    Upon approval of the Department, all or part of the monthly amount approved for home-based services to participating adults may be used as a one-time or continuing payment to the eligible adult or the adult's parent or guardian to pay for specified tangible items that are 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, nutritional supplements, and residential modifications.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-7

    (405 ILCS 80/2-7) (from Ch. 91 1/2, par. 1802-7)
    Sec. 2-7. Services supported by this Article shall be offered by community health and developmental service providers which have been approved and designated by the Department.
(Source: P.A. 86-921.)

405 ILCS 80/2-8

    (405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)
    Sec. 2-8. Services provided by the Department under the Program shall be denied:
        (a) if the adult with a mental disability no longer
    
meets the eligibility criteria,
        (b) if the adult with a mental disability submits
    
false information in an application or reapplication for participation in the Program, or
        (c) if the adult with a mental disability fails to
    
request or access any services after 120 days. Prior to making the decision, if the adult with mental disabilities has failed to request or access any services within 90 days, the Department shall give written notice to the person who signed the application that participation in the Program will be denied if services are not requested or accessed within 30 days.
    Whenever services provided by the Department under the Program are denied for the reasons in paragraphs (a), (b), or (c) of this Section, the Department shall give written notice of the decision and the reasons for denial of services to the person who signed the application. Such notice shall contain information on requesting an appeal under Section 2-13.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-9

    (405 ILCS 80/2-9) (from Ch. 91 1/2, par. 1802-9)
    Sec. 2-9. Reapplication for participation in the Program shall be made annually.
(Source: P.A. 86-921.)

405 ILCS 80/2-10

    (405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)
    Sec. 2-10. Before eligible adults with mental disabilities receive services under this Article, they shall maximize use of other services provided by other governmental agencies, including but not limited to educational and vocational services.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-11

    (405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)
    Sec. 2-11. The Department, as successor to any agreements between the Department of Mental Health and Developmental Disabilities and the Department of Rehabilitation Services for the provision of training, employment placement, and employment referral services for the adults with mental disabilities served under this Article, shall carry out the responsibilities, if any, incurred by its predecessor agencies under those agreements.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-12

    (405 ILCS 80/2-12) (from Ch. 91 1/2, par. 1802-12)
    Sec. 2-12. (Repealed).
(Source: P.A. 86-921. Repealed by P.A. 92-111, eff. 1-1-02.)

405 ILCS 80/2-13

    (405 ILCS 80/2-13) (from Ch. 91 1/2, par. 1802-13)
    Sec. 2-13. If the Department denies an application for participation in the Program or denies services as provided in Section 2-8, the Department shall give written notice of the denial to the person who signed the application. The person who signed the application 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; 87-1158.)

405 ILCS 80/2-14

    (405 ILCS 80/2-14) (from Ch. 91 1/2, par. 1802-14)
    Sec. 2-14. The Department shall make available financial assistance to adults with a developmental disability to effectuate implementation of the Developmental Disabilities Services Plan developed under Article I of this Act. The Department shall develop a plan and rules for making home-based services uniformly available to eligible adults throughout the State to the extent that appropriations allow.
(Source: P.A. 88-380.)

405 ILCS 80/2-15

    (405 ILCS 80/2-15) (from Ch. 91 1/2, par. 1802-15)
    Sec. 2-15. The Department shall have all powers and duties necessary to implement this Article.
(Source: P.A. 86-921.)

405 ILCS 80/2-16

    (405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)
    Sec. 2-16. The Department shall adopt rules pursuant to the Illinois Administrative Procedure Act to implement the Home-Based Support Services Program for Adults with Mental Disabilities. The rules shall include the intake procedures, application process and eligibility requirements for adults with mental disabilities who apply for services under the Program.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/2-17

    (405 ILCS 80/2-17)
    Sec. 2-17. Transition from special education.
    (a) If a person receiving special educational services under Article 14 of the School Code at a school in this State has severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments and is not over 18 years of age but is otherwise eligible to participate in the Program, the person shall be determined eligible to participate in the Program, subject to the availability of funds appropriated for this purpose, when he or she becomes an adult and no longer receives special educational services.
    (b) The Department shall implement this Section for fiscal years beginning July 1, 1996 and thereafter.
(Source: P.A. 97-227, eff. 1-1-12.)

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.)

405 ILCS 80/Art. IV

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

405 ILCS 80/4-1

    (405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
    Sec. 4-1. The Department of Human Services may provide access to home-based and community-based services for children and adults with mental disabilities through the designation of local screening and assessment units and community support teams. The screening and assessment units shall provide comprehensive assessment; develop individual service plans; link the persons with mental disabilities and their families to community providers for implementation of the plan; and monitor the plan's implementation for the time necessary to insure that the plan is appropriate and acceptable to the persons with mental disabilities and their families. The Department also will make available community support services in each local geographic area for persons with severe mental disabilities. Community support teams will provide case management, ongoing guidance and assistance for persons with mental disabilities; will offer skills training, crisis/behavioral intervention, client/family support, and access to medication management; and provide individual client assistance to access housing, financial benefits, and employment-related services.
(Source: P.A. 99-143, eff. 7-27-15.)

405 ILCS 80/4-2

    (405 ILCS 80/4-2) (from Ch. 91 1/2, par. 1804-2)
    Sec. 4-2. Expenditures for services under Article IV of the Act shall be subject to available appropriations.
(Source: P.A. 86-921.)

405 ILCS 80/Art. V

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

405 ILCS 80/5-1

    (405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
    Sec. 5-1. As the mental health and developmental disabilities or intellectual disabilities authority for the State of Illinois, the Department of Human Services shall have the authority to license, certify and prescribe standards governing the programs and services provided under this Act, as well as all other agencies or programs which provide home-based or community-based services to persons with mental disabilities, except those services, programs or agencies established under or otherwise subject to the Child Care Act of 1969, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, as now or hereafter amended, and this Act shall not be construed to limit the application of those Acts.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)

405 ILCS 80/5-2

    (405 ILCS 80/5-2) (from Ch. 91 1/2, par. 1805-2)
    Sec. 5-2. The Department shall have all powers and duties necessary to implement this Act.
(Source: P.A. 86-921.)

405 ILCS 80/5-3

    (405 ILCS 80/5-3) (from Ch. 91 1/2, par. 1805-3)
    Sec. 5-3. The Department shall adopt rules pursuant to the Illinois Administrative Procedure Act to implement this Act. The rules shall include the intake procedures, application process and eligibility requirements for those who apply for services under the Act. The Department will convene a family advisory council and seek advice from the council on ways to appropriately implement Articles II and III of the Act.
(Source: P.A. 86-921.)

405 ILCS 80/5-4

    (405 ILCS 80/5-4)
    Sec. 5-4. Home and Community-Based Services Waivers; autism spectrum disorder. A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities, without regard to whether that person is also diagnosed with an intellectual disability, so long as the person otherwise meets applicable level-of-care criteria under those waivers. This amendatory Act of the 95th General Assembly does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law.
(Source: P.A. 97-227, eff. 1-1-12.)

405 ILCS 80/Art. VI

 
    (405 ILCS 80/Art. VI heading)
ARTICLE VI. COMMUNITY RESIDENTIAL CHOICES PROGRAM
(Source: P.A. 95-636, eff. 10-5-07.)

405 ILCS 80/6-1

    (405 ILCS 80/6-1)
    Sec. 6-1. Community Residential Choices Program.
    (a) The purpose of this Article is to promote greater compatibility among individuals with developmental disabilities who live together by allowing individuals with developmental disabilities who meet either the emergency or critical need criteria of the Department of Human Services as defined under the Department's developmental disabilities cross-disability database (as required by Section 10-26 of the Department of Human Services Act), and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, to choose to live together in a community-based residential program.
    (b) For purposes of this Article:
    "Community-based residential program" means one of a variety of living arrangements for persons with developmental disabilities, including existing settings such as community-integrated living arrangements, and may also include newly developed settings that are consistent with this definition.
    "Developmental disability" may include an autism spectrum disorder.
    (c) A person diagnosed with an autism spectrum disorder may be assessed for eligibility for services under Home and Community-Based Services Waivers for persons with developmental disabilities without regard to whether that person is also diagnosed with an intellectual disability, so long as the person otherwise meets applicable level-of-care criteria under those waivers. This provision does not create any new entitlement to a service, program, or benefit, but shall not affect any entitlement to a service, program, or benefit created by any other law.
(Source: P.A. 97-227, eff. 1-1-12.)

405 ILCS 80/6-5

    (405 ILCS 80/6-5)
    Sec. 6-5. Placements. Commencing with the State fiscal year beginning on July 1, 2007, subject to appropriation, the Department of Human Services shall fund residential capacities in geographic locations in the State with the goal of placing no fewer than 80 individuals who meet the emergency or critical need criteria of the Department's developmental disabilities cross-disabilities database, and who also meet the Department's developmental disabilities priority population criteria for residential services as defined in the Department's developmental disabilities Community Services Agreement and whose parents are over the age of 60, in community-based residential programs with chosen housemates. Priority in the allocation of funds for this program shall be given to individuals who choose to reside with 3 or fewer individuals.
(Source: P.A. 95-636, eff. 10-5-07.)

405 ILCS 80/Art. X

 
    (405 ILCS 80/Art. X heading)
ARTICLE X. WORKFORCE TASK FORCE FOR
PERSONS WITH DISABILITIES
(Repealed)
(Source: P.A. 95-876, eff. 8-21-08. Repealed by P.A 99-933, eff. 1-27-17.)

405 ILCS 80/Art. XI

 
    (405 ILCS 80/Art. XI heading)
ARTICLE XI. DEVELOPMENTAL DISABILITIES REGULATORY ADVISORY BOARD
(Source: P.A. 98-607, eff. 12-27-13.)

405 ILCS 80/11-1

    (405 ILCS 80/11-1)
    Sec. 11-1. Developmental Disabilities Regulatory Advisory Board.
    (a) The Director of the Division of Developmental Disabilities within the Department shall appoint a Developmental Disabilities Regulatory Advisory Board, no later than October 1, 2013, whose members are capable of actively participating on the Advisory Board, to consult with the Department regarding Parts 115, 116, 117, 119, and 120 of Title 59 of the Illinois Administrative Code, as provided in this Section.
    (b) The Advisory Board shall be composed of the following persons:
        (1) The Director of the Division of Developmental
    
Disabilities, or his or her designee, shall serve as an ex-officio member and shall serve as chairperson of the Advisory Board.
        (2) One representative of the Department of
    
Healthcare and Family Services and one representative of the Office of the State Fire Marshal, each of whom shall serve as ex-officio members.
        (3) Five persons selected from recommendations of
    
organizations whose membership consists of providers within the developmental disabilities service delivery system.
        (4) Two persons who are guardians or family members
    
of persons with developmental disabilities and who do not have responsibility for management or formation of policy regarding the programs subject to review of the Advisory Board.
        (5) Two persons who receive developmental
    
disabilities services funded by the Division.
        (6) Two persons selected from the recommendations of
    
consumer organizations that engage solely in advocacy or legal representation on behalf of persons with developmental disabilities and their immediate families.
        (7) One person who is a representative of a labor
    
organization which represents direct support persons, working within one of the programs subject to review of the Advisory Board.
    (c) The Advisory Board shall meet as frequently as the chairperson deems necessary, but not less than once each calendar year. Upon request of 6 or more members, the chairperson shall call a meeting of the Advisory Board. A member of the Advisory Board may designate a replacement to serve at the Advisory Board meeting in place of the member by submitting a letter of designation to the chairperson prior to or at the Advisory Board meeting, but a replacement for an Advisory Board member may not serve as a replacement for more than 2 consecutive meetings.
    (d) The Advisory Board shall advise the Department of Human Services Division of Developmental Disabilities on the format and content of any amendments to rules referenced in subsection (a) proposed by the Division of Developmental Disabilities. Any of these rules, except emergency rules adopted under Section 5-45 of the Illinois Administrative Procedure Act, adopted without obtaining the advice of the Advisory Board are null and void. If the Department fails to follow the advice of the Advisory Board on proposed rules, the Department shall, prior to the adoption of the rules, transmit a written explanation of the reason therefor to the Advisory Board.
    (e) During its review of proposed rules as requested by the Department, the Advisory Board shall discuss the economic impact of those rules.
    (f) If the Advisory Board, having been asked for its advice, fails to advise the Department within 45 days, the rules shall be considered acted upon.
    (g) The Department shall provide staff and technical support to the Advisory Board to perform its functions under this Section.
(Source: P.A. 98-607, eff. 12-27-13.)