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| [ Introduced ] | [ House Amendment 001 ] |
90_HB1805eng
20 ILCS 1705/62 from Ch. 91 1/2, par. 100-62
Amends the Mental Health and Developmental Disabilities
Administrative Act concerning a transitional program. Adds a
caption.
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1 AN ACT concerning mental health and developmental
2 disabilities.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Department of Mental Health and
6 Developmental Disabilities Act (short title changed to Mental
7 Health and Developmental Disabilities Administrative Act
8 effective July 1, 1997) is amended by adding Section 69 as
9 follows:
10 (20 ILCS 1705/69 new)
11 Sec. 69. Joint planning by the Department of Human
12 Services and the Department of Children and Family Services.
13 (a) The purpose of this Section is to mandate that joint
14 planning occur between the Department of Children and Family
15 Services and the Department of Human Services to ensure that
16 the 2 agencies coordinate their activities and effectively
17 work together to provide wards with developmental
18 disabilities for whom the Department of Children and Family
19 Services is legally responsible a smooth transition to adult
20 living upon reaching the age of 21. The specific
21 programmatic and fiscal responsibilities of each agency are
22 listed in the following subsections to promote a common
23 understanding between the 2 agencies and to clearly identify
24 the role of each agency in the transition process. Each ward
25 or his or her guardian shall be provided with a list of
26 available adult living arrangements including supports and
27 services associated with each arrangement. Whenever
28 possible, the ward or his or her guardian will be given a
29 choice to select the least restrictive setting.
30 For the purposes of this Section, "ward with
31 developmental disabilities" or "ward" means a child with
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1 developmental disabilities for whom the Department of
2 Children and Family Services is legally responsible and who
3 upon attaining the age of 21 will not be able to live
4 independently and will need adult services and a guardian.
5 (b) The Department of Children and Family Services
6 shall:
7 (1) Ensure that its client computer tracking system
8 is capable of identifying all wards with developmental
9 disabilities.
10 (2) Before July 1 of each year, provide the
11 Department of Human Services with a computer listing of
12 all wards with developmental disabilities who are 17
13 years 6 months of age or older. This list shall include
14 the ward's name, age, birthdate, Department of Children
15 and Family Services Region, type of disability, type of
16 placement, current placement address, and contact person
17 at the current placement address.
18 (3) As each ward with a developmental disability
19 reaches 17 years 6 months of age, refer to the local
20 Department of Human Services designated agency
21 responsible for case coordination services to begin the
22 planning process for adult services and transitioning the
23 ward to adult living.
24 (4) Retain guardianship of the ward until he or she
25 reaches the age of 21, provided the ward remains in a
26 recognized public or private education program and
27 coordinate with the Office of State Guardian for
28 transferring guardianship of the ward to the Office of
29 State Guardian upon the ward reaching the age of 21.
30 (5) Before October 1 of each year for purposes of
31 budget planning, provide to the Department of Human
32 Services a computer listing of all wards with
33 developmental disabilities who will reach the age of 21
34 in the next fiscal year. This list shall include the
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1 ward's name, age, birthdate, Department of Children and
2 Family Services Region, type of disability, type of
3 placement, current per diem rate, current placement
4 address, and contact person at the current placement
5 address.
6 (6) Before June 30 of each year for purposes of an
7 assessment by a Pre-Admission Screening and Annual
8 Resident Review (PAS/ARR) agency, provide to the
9 Department of Human Services a computer listing of all
10 wards with developmental disabilities who will reach the
11 age of 20 in the following fiscal year. This list shall
12 include the ward's name, age, birthdate, Department of
13 Children and Family Services Region, type of disability,
14 type of placement, current per diem rate, current
15 placement address, and contact person at the current
16 placement address.
17 (7) Immediately notify the appropriate Department
18 of Human Services unit if according to the ward's service
19 plan a developmentally disabled ward of the Department of
20 Children and Family Services 18 years of age or older is
21 in transition to adult services and being disrupted from
22 his or her current placement.
23 (8) Provide all necessary and appropriate materials
24 or information for the transition process to the
25 appropriate Department of Human Services unit, PAS/ARR
26 agency, and the Office of State Guardian, when requested.
27 (9) Apply to the Social Security Office for
28 Supplemental Security Income (SSI) as soon as the
29 Department of Children and Family Services receives
30 guardianship of the ward. The SSI funding shall be used
31 specifically for the benefit of that ward. The
32 Department shall also ensure that the SSI funds are
33 transferred to the young adult at his or her new adult
34 placement.
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1 (10) Ensure that an application is made for medical
2 assistance under the Public Aid Code and that the
3 application is completed at least one month prior to
4 termination of guardianship by the Department of Children
5 and Family Services.
6 (11) Identify and notify the Department of Human
7 Services of individuals who may be willing to serve as a
8 personal guardian for the Department of Children and
9 Family Services ward. Expenses related to transferring
10 the guardianship shall be the responsibility of the
11 Department of Children and Family Services and not the
12 personal guardian.
13 (12) Refer the transitioning ward to the Office of
14 State Guardian that serves the office carrying the ward's
15 Department of Children and Family Services case and
16 coordinate and cooperate with the Office of State
17 Guardian requests for materials and other requirements
18 for the transfer of guardianship.
19 (13) Provide a copy of all necessary materials
20 including, but not limited to, the physician's report
21 when requested.
22 (14) When an adult placement is identified and the
23 adult planning process has been determined, refer the
24 ward to the Office of State Guardian that serves the
25 placement area in which the youth is to be placed.
26 (15) Mandate the Department of Children and Family
27 Services legal staff from the Region in which the ward
28 resides to petition the appropriate probate court to
29 appoint the Office of State Guardian as guardian.
30 (16) Refer to the appropriate Department of Human
31 Services designated unit in the area in which the youth
32 resides to determine through appropriate screening or
33 testing the necessity of appointing a guardian for a
34 mildly retarded Department of Children and Family
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1 Services ward.
2 (c) The Department of Human Services shall:
3 (1) Annually request sufficient funding in its
4 budget to pay for the services provided to Department of
5 Children and Family Services wards with developmental
6 disabilities who are transitioning to the Department of
7 Human Services and are 21 years of age.
8 (2) Direct the appropriate agency contracting with
9 the Department of Human Services to provide case
10 coordination services on behalf of Department of Children
11 and Family Services wards with developmental disabilities
12 who are 17 years 6 months of age or older, at no expense
13 to the Department of Children and Family Services.
14 (3) During the ward's 20th year of age, either
15 directly or through its contracted agents, determine
16 guardianship requirements and the level of supports and
17 services required to ensure the least restrictive and
18 most appropriate living arrangement for the transitioning
19 ward. In no circumstance shall the level of supports and
20 services to be provided by the Department of Human
21 Services be less than those provided by the Department of
22 Children and Family Services.
23 (4) Identify adult placements for Department of
24 Children and Family Services wards with developmental
25 disabilities who are 18 years of age or older when their
26 child welfare placements are disrupted and for whom
27 further child welfare placement is not available or not
28 appropriate due to the level of services and supports
29 required by the ward and also identify adult placements
30 for the youths who are in temporary placements such as
31 shelters.
32 (5) Mandate its designated unit or contracted
33 agency in the area in which the Department of Children
34 and Family Services ward with developmental disabilities
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1 resides to accept a referral for guardianship screening
2 for the wards who are mildly retarded or higher
3 functioning.
4 (6) Either directly or through its contracted
5 agents, identify the most appropriate and least
6 restrictive living arrangement based upon required
7 supports and services for Department of Children and
8 Family Services wards with developmental disabilities.
9 Placement of the wards shall occur before the wards reach
10 the age of 21 or within 90 days of their completion of a
11 recognized public or private education program.
12 (d) (1) The Department of Children and Family
13 Services shall continue funding responsibilities for all
14 Department of Children and Family Services wards with
15 developmental disabilities until they reach the age of 21
16 or are within 90 days of completion of a recognized
17 public or private education program.
18 (2) Annually, the Department of Human Services
19 shall request sufficient funding in its budget to pay for
20 the services provided to Department of Children and
21 Family Services wards with developmental disabilities who
22 are transitioning to Department of Human Service and are
23 21 years of age.
24 (3) If the General Assembly does not provide
25 sufficient funding in the year the Department of Children
26 and Family Services wards with developmental disabilities
27 are transferred to the Department of Human Services, then
28 the Department of Children and Family Services shall fund
29 services to these wards for two-thirds of the remaining
30 months in that fiscal year, and the Department of Human
31 Services shall fund services to these wards for one-third
32 of the remaining months in that fiscal year.
33 (4) The Department of Human Services shall assume
34 all funding responsibilities for Department of Children
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1 and Family Services wards with developmental disabilities
2 on July 1 of the year the wards reach 21 years of age.
3 (e) At least annually, the planning for the
4 transitioning of Department of Children and Family Services
5 wards with developmental disabilities to the Department of
6 Human Services shall be formally reviewed by a committee
7 consisting of the Director of Children and Family Services or
8 the Director's designee, the Secretary of Human Services or
9 the Secretary's designee, the Director of the Child Care
10 Association of Illinois, a representative of the Office of
11 State Guardian, a representative of the Governor, and 2
12 representatives of the private sector appointed by the
13 Governor.