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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 49/) Children's Mental Health Act of 2003.

405 ILCS 49/1

    (405 ILCS 49/1)
    (Text of Section before amendment by P.A. 102-899)
    Sec. 1. Short title. This Act may be cited as the Children's Mental Health Act of 2003.
(Source: P.A. 93-495, eff. 8-8-03.)
 
    (Text of Section after amendment by P.A. 102-899)
    Sec. 1. Short title. This Act may be cited as the Children's Mental Health Act.
(Source: P.A. 102-899, eff. 1-1-23.)

405 ILCS 49/5

    (405 ILCS 49/5)
    (Text of Section from P.A. 102-116)
    Sec. 5. Children's Mental Health Plan.
    (a) The State of Illinois shall develop a Children's Mental Health Plan containing short-term and long-term recommendations to provide comprehensive, coordinated mental health prevention, early intervention, and treatment services for children from birth through age 18. This Plan shall include but not be limited to:
        (1) Coordinated provider services and interagency
    
referral networks for children from birth through age 18 to maximize resources and minimize duplication of services.
        (2) Guidelines for incorporating social and emotional
    
development into school learning standards and educational programs, pursuant to Section 15 of this Act.
        (3) Protocols for implementing screening and
    
assessment of children prior to any admission to an inpatient hospital for psychiatric services, pursuant to subsection (a) of Section 5-5.23 of the Illinois Public Aid Code.
        (4) Recommendations regarding a State budget for
    
children's mental health prevention, early intervention, and treatment across all State agencies.
        (5) Recommendations for State and local mechanisms
    
for integrating federal, State, and local funding sources for children's mental health.
        (6) Recommendations for building a qualified and
    
adequately trained workforce prepared to provide mental health services for children from birth through age 18 and their families.
        (7) Recommendations for facilitating research on best
    
practices and model programs, and dissemination of this information to Illinois policymakers, practitioners, and the general public through training, technical assistance, and educational materials.
        (8) Recommendations for a comprehensive,
    
multi-faceted public awareness campaign to reduce the stigma of mental illness and educate families, the general public, and other key audiences about the benefits of children's social and emotional development, and how to access services.
        (9) Recommendations for creating a quality-driven
    
children's mental health system with shared accountability among key State agencies and programs that conducts ongoing needs assessments, uses outcome indicators and benchmarks to measure progress, and implements quality data tracking and reporting systems.
        (10) Recommendations for ensuring all Illinois youth
    
receive mental health education and have access to mental health care in the school setting. In developing these recommendations, the Children's Mental Health Partnership created under subsection (b) shall consult with the State Board of Education, education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, health care professionals, including mental health professionals and child health leaders, disability advocates, and other representatives as necessary to ensure the interests of all students are represented.
    (b) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") is created. The Partnership shall have the responsibility of developing and monitoring the implementation of the Children's Mental Health Plan as approved by the Governor. The Children's Mental Health Partnership shall be comprised of: the Secretary of Human Services or his or her designee; the State Superintendent of Education or his or her designee; the directors of the departments of Children and Family Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their designees; the head of the Illinois Violence Prevention Authority, or his or her designee; the Attorney General or his or her designee; up to 25 representatives of community mental health authorities and statewide mental health, children and family advocacy, early childhood, education, health, substance abuse, violence prevention, and juvenile justice organizations or associations, to be appointed by the Governor; and 2 members of each caucus of the House of Representatives and Senate appointed by the Speaker of the House of Representatives and the President of the Senate, respectively. The Governor shall appoint the Partnership Chair and shall designate a Governor's staff liaison to work with the Partnership.
    (c) The Partnership shall submit a Preliminary Plan to the Governor on September 30, 2004 and shall submit the Final Plan on June 30, 2005. Thereafter, on September 30 of each year, the Partnership shall submit an annual report to the Governor on the progress of Plan implementation and recommendations for revisions in the Plan. The Final Plan and annual reports submitted in subsequent years shall include estimates of savings achieved in prior fiscal years under subsection (a) of Section 5-5.23 of the Illinois Public Aid Code and federal financial participation received under subsection (b) of Section 5-5.23 of that Code. The Department of Healthcare and Family Services shall provide technical assistance in developing these estimates and reports.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21.)
 
    (Text of Section from P.A. 102-899)
    Sec. 5. Children's Mental Health Partnership; Children's Mental Health Plan.
    (a) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") created under Public Act 93-495 and continued under this amendatory Act of the 102nd General Assembly shall advise State agencies on designing and implementing short-term and long-term strategies to provide comprehensive and coordinated services for children from birth to age 25 and their families with the goal of addressing children's mental health needs across a full continuum of care, including social determinants of health, prevention, early identification, and treatment. The recommended strategies shall build upon the recommendations in the Children's Mental Health Plan of 2022 and may include, but are not limited to, recommendations regarding the following:
        (1) Increasing public awareness on issues connected
    
to children's mental health and wellness to decrease stigma, promote acceptance, and strengthen the ability of children, families, and communities to access supports.
        (2) Coordination of programs, services, and policies
    
across child-serving State agencies to best monitor and assess spending, as well as foster innovation of adaptive or new practices.
        (3) Funding and resources for children's mental
    
health prevention, early identification, and treatment across child-serving State agencies.
        (4) Facilitation of research on best practices and
    
model programs and dissemination of this information to State policymakers, practitioners, and the general public.
        (5) Monitoring programs, services, and policies
    
addressing children's mental health and wellness.
        (6) Growing, retaining, diversifying, and supporting
    
the child-serving workforce, with special emphasis on professional development around child and family mental health and wellness services.
        (7) Supporting the design, implementation, and
    
evaluation of a quality-driven children's mental health system of care across all child services that prevents mental health concerns and mitigates trauma.
        (8) Improving the system to more effectively meet the
    
emergency and residential placement needs for all children with severe mental and behavioral challenges.
    (b) The Partnership shall have the responsibility of developing and updating the Children's Mental Health Plan and advising the relevant State agencies on implementation of the Plan. The Children's Mental Health Partnership shall be comprised of the following members:
        (1) The Governor or his or her designee.
        (2) The Attorney General or his or her designee.
        (3) The Secretary of the Department of Human Services
    
or his or her designee.
        (4) The State Superintendent of Education or his or
    
her designee.
        (5) The Director of the Department of Children and
    
Family Services or his or her designee.
        (6) The Director of the Department of Healthcare and
    
Family Services or his or her designee.
        (7) The Director of the Department of Public Health
    
or his or her designee.
        (8) The Director of the Department of Juvenile
    
Justice or his or her designee.
        (9) The Executive Director of the Governor's Office
    
of Early Childhood Development or his or her designee.
        (10) The Director of the Criminal Justice Information
    
Authority or his or her designee.
        (11) One member of the General Assembly appointed by
    
the Speaker of the House.
        (12) One member of the General Assembly appointed by
    
the President of the Senate.
        (13) One member of the General Assembly appointed by
    
the Minority Leader of the Senate.
        (14) One member of the General Assembly appointed by
    
the Minority Leader of the House.
        (15) Up to 25 representatives from the public
    
reflecting a diversity of age, gender identity, race, ethnicity, socioeconomic status, and geographic location, to be appointed by the Governor. Those public members appointed under this paragraph must include, but are not limited to:
            (A) a family member or individual with lived
        
experience in the children's mental health system;
            (B) a child advocate;
            (C) a community mental health expert,
        
practitioner, or provider;
            (D) a representative of a statewide association
        
representing a majority of hospitals in the State;
            (E) an early childhood expert or practitioner;
            (F) a representative from the K-12 school system;
            (G) a representative from the healthcare sector;
            (H) a substance use prevention expert or
        
practitioner, or a representative of a statewide association representing community-based mental health substance use disorder treatment providers in the State;
            (I) a violence prevention expert or practitioner;
            (J) a representative from the juvenile justice
        
system;
            (K) a school social worker; and
            (L) a representative of a statewide organization
        
representing pediatricians.
        (16) Two co-chairs appointed by the Governor, one
    
being a representative from the public and one being a representative from the State.
    The members appointed by the Governor shall be appointed for 4 years with one opportunity for reappointment, except as otherwise provided for in this subsection. Members who were appointed by the Governor and are serving on the effective date of this amendatory Act of the 102nd General Assembly shall maintain their appointment until the term of their appointment has expired. For new appointments made pursuant to this amendatory Act of the 102nd General Assembly, members shall be appointed for one-year, two-year, or four-year terms, as determined by the Governor, with no more than 9 of the Governor's new or existing appointees serving the same term. Those new appointments serving a one-year or 2-year term may be appointed to 2 additional 4-year terms. If a vacancy occurs in the Partnership membership, the vacancy shall be filled in the same manner as the original appointment for the remainder of the term.
    The Partnership shall be convened no later than January 31, 2023 to discuss the changes in this amendatory Act of the 102nd General Assembly.
    The members of the Partnership shall serve without compensation but may be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties as members of the Partnership from funds appropriated for that purpose.
    The Partnership may convene and appoint special committees or study groups to operate under the direction of the Partnership. Persons appointed to such special committees or study groups shall only receive reimbursement for reasonable expenses.
    (c) (Blank).
    (d) The Illinois Children's Mental Health Partnership has the following powers and duties:
        (1) Conducting research assessments to determine the
    
needs and gaps of programs, services, and policies that touch children's mental health.
        (2) Developing policy statements for interagency
    
cooperation to cover all aspects of mental health delivery, including social determinants of health, prevention, early identification, and treatment.
        (3) Recommending policies and provide information on
    
effective programs for delivery of mental health services.
        (4) Using funding from federal, state, or
    
philanthropic partners, to fund pilot programs or research activities to resource innovative practices by organizational partners that will address children's mental health. However, the Partnership may not provide direct services.
        (5) Submitting an annual report, on or before
    
December 30 of each year, to the Governor and the General Assembly on the progress of the Plan, any recommendations regarding State policies, laws, or rules necessary to fulfill the purposes of the Act, and any additional recommendations regarding mental or behavioral health that the Partnership deems necessary.
        (6) Employing an Executive Director and setting the
    
compensation of the Executive Director and other such employees and technical assistance as it deems necessary to carry out its duties under this Section.
    The Partnership may designate a fiscal and administrative agent that can accept funds to carry out its duties as outlined in this Section.
    The Department of Healthcare and Family Services shall provide technical and administrative support for the Partnership.
    (e) The Partnership may accept monetary gifts or grants from the federal government or any agency thereof, from any charitable foundation or professional association, or from any reputable source for implementation of any program necessary or desirable to carry out the powers and duties as defined under this Section.
    (f) On or before January 1, 2027, the Partnership shall submit recommendations to the Governor and General Assembly that includes recommended updates to the Act to reflect the current mental health landscape in this State.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-899, eff. 1-1-23.)
 
    (Text of Section from P.A. 102-1034)
    Sec. 5. Children's Mental Health Plan.
    (a) The State of Illinois shall develop a Children's Mental Health Plan containing short-term and long-term recommendations to provide comprehensive, coordinated mental health prevention, early intervention, and treatment services for children from birth through age 18. This Plan shall include but not be limited to:
        (1) Coordinated provider services and interagency
    
referral networks for children from birth through age 18 to maximize resources and minimize duplication of services.
        (2) Guidelines for incorporating social and emotional
    
development into school learning standards and educational programs, pursuant to Section 15 of this Act.
        (3) Protocols for implementing screening and
    
assessment of children prior to any admission to an inpatient hospital for psychiatric services, pursuant to subsection (a) of Section 5-5.23 of the Illinois Public Aid Code.
        (4) Recommendations regarding a State budget for
    
children's mental health prevention, early intervention, and treatment across all State agencies.
        (5) Recommendations for State and local mechanisms
    
for integrating federal, State, and local funding sources for children's mental health.
        (6) Recommendations for building a qualified and
    
adequately trained workforce prepared to provide mental health services for children from birth through age 18 and their families.
        (7) Recommendations for facilitating research on best
    
practices and model programs, and dissemination of this information to Illinois policymakers, practitioners, and the general public through training, technical assistance, and educational materials.
        (8) Recommendations for a comprehensive,
    
multi-faceted public awareness campaign to reduce the stigma of mental illness and educate families, the general public, and other key audiences about the benefits of children's social and emotional development, and how to access services.
        (9) Recommendations for creating a quality-driven
    
children's mental health system with shared accountability among key State agencies and programs that conducts ongoing needs assessments, uses outcome indicators and benchmarks to measure progress, and implements quality data tracking and reporting systems.
        (10) Recommendations for ensuring all Illinois youth
    
receive mental health education and have access to mental health care in the school setting. In developing these recommendations, the Children's Mental Health Partnership created under subsection (b) shall consult with the State Board of Education, education practitioners, including, but not limited to, administrators, regional superintendents of schools, teachers, and school support personnel, health care professionals, including mental health professionals and child health leaders, disability advocates, and other representatives as necessary to ensure the interests of all students are represented.
    (b) The Children's Mental Health Partnership (hereafter referred to as "the Partnership") is created. The Partnership shall have the responsibility of developing and monitoring the implementation of the Children's Mental Health Plan as approved by the Governor. The Children's Mental Health Partnership shall be comprised of: the Secretary of Human Services or his or her designee; the State Superintendent of Education or his or her designee; the directors of the departments of Children and Family Services, Healthcare and Family Services, Public Health, and Juvenile Justice, or their designees; the head of the Illinois Violence Prevention Authority, or his or her designee; the Attorney General or his or her designee; up to 25 representatives of community mental health authorities and statewide mental health, children and family advocacy, early childhood, education, health, substance abuse, violence prevention, and juvenile justice organizations or associations, to be appointed by the Governor; and 2 members of each caucus of the House of Representatives and Senate appointed by the Speaker of the House of Representatives and the President of the Senate, respectively. The Governor shall appoint the Partnership Chair and shall designate a Governor's staff liaison to work with the Partnership.
    (b-5) The Partnership shall include an adjunct council comprised of no more than 6 youth aged 14 to 25 and 4 representatives of 4 different community based organizations that focus on youth mental health. Of the community-based organizations that focus on youth mental health, one of the community-based organizations shall be led by an LGBTQ-identified person, one of the community-based organizations shall be led by a person of color, and one of the community-based organizations shall be led by a woman. Of the representatives appointed to the council from the community-based organizations, at least one representative shall be LGBTQ-identified, at least one representative shall be a person of color, and at least one representative shall be a woman. The council members shall be appointed by the Chair of the Partnership and shall reflect the racial, gender identity, sexual orientation, ability, socioeconomic, ethnic, and geographic diversity of the State, including rural, suburban, and urban appointees. The council shall make recommendations to the Partnership regarding youth mental health, including, but not limited to, identifying barriers to youth feeling supported by and empowered by the system of mental health and treatment providers, barriers perceived by youth in accessing mental health services, gaps in the mental health system, available resources in schools, including youth's perceptions and experiences with outreach personnel, agency websites, and informational materials, methods to destigmatize mental health services, and how to improve State policy concerning student mental health. The mental health system may include services for substance use disorders and addiction. The council shall meet at least 4 times annually.
    (c) The Partnership shall submit a Preliminary Plan to the Governor on September 30, 2004 and shall submit the Final Plan on June 30, 2005. Thereafter, on September 30 of each year, the Partnership shall submit an annual report to the Governor on the progress of Plan implementation and recommendations for revisions in the Plan. The Final Plan and annual reports submitted in subsequent years shall include estimates of savings achieved in prior fiscal years under subsection (a) of Section 5-5.23 of the Illinois Public Aid Code and federal financial participation received under subsection (b) of Section 5-5.23 of that Code. The Department of Healthcare and Family Services shall provide technical assistance in developing these estimates and reports.
(Source: P.A. 102-16, eff. 6-17-21; 102-116, eff. 7-23-21; 102-1034, eff. 1-1-23.)

405 ILCS 49/10

    (405 ILCS 49/10)
    Sec. 10. Office of Mental Health services. The Office of Mental Health within the Department of Human Services shall allow grant and purchase-of-service moneys to be used for services for children from birth through age 18.
(Source: P.A. 93-495, eff. 8-8-03.)

405 ILCS 49/15

    (405 ILCS 49/15)
    Sec. 15. Mental health and schools.
    (a) The Illinois State Board of Education shall develop and implement a plan to incorporate social and emotional development standards as part of the Illinois Learning Standards for the purpose of enhancing and measuring children's school readiness and ability to achieve academic success. The plan shall be submitted to the Governor, the General Assembly, and the Partnership by December 31, 2004.
    (b) Every Illinois school district shall develop a policy for incorporating social and emotional development into the district's educational program. The policy shall address teaching and assessing social and emotional skills and protocols for responding to children with social, emotional, or mental health problems, or a combination of such problems, that impact learning ability. School social workers may implement a continuum of social and emotional education programs and services in accordance with students' needs. Each district must submit this policy to the Illinois State Board of Education by August 31, 2004.
(Source: P.A. 98-338, eff. 8-13-13.)

405 ILCS 49/95

    (405 ILCS 49/95)
    Sec. 95. (Amendatory provisions; text omitted).
(Source: P.A. 93-495, eff. 8-8-03; text omitted.)

405 ILCS 49/99

    (405 ILCS 49/99)
    Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 93-495, eff. 8-8-03.)