TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 115 STANDARDS AND LICENSURE REQUIREMENTS FOR COMMUNITY-INTEGRATED LIVING ARRANGEMENTS
SECTION 115.310 GEOGRAPHIC LOCATION OF COMMUNITY-INTEGRATED LIVING ARRANGEMENTS


 

Section 115.310  Geographic location of community-integrated living arrangements

 

a)         CILA sites shall be located to enable individuals to participate in and be integrated into their community and neighborhood.  Homes shall be typical of homes in the community and residential neighborhood and their inclusion should not appreciably alter the characteristics of the neighborhood.

 

b)         CILA sites shall be located to promote integration of individuals with mental disabilities within the range of communities throughout the State, and to avoid concentrating individuals in CILAs in a neighborhood or community.

 

c)         CILAs owned or leased by an agency and funded by the Department shall not be located within a distance of 800 feet, measured via the most direct driving route, from any other setting licensed or funded to provide residential services for persons with a developmental disability or mental illness. When an agency owns or leases a multi-unit building, or owns or leases units within a multi-unit building, no more than 8 individuals shall reside  in CILAs owned or leased by an agency in each building.  These location requirements may not apply to sites in existence on August 13, 1999.  Agencies with such sites may request  waiver of these requirements.  Any such request must be submitted in writing to OALC and will be reviewed based upon the citation in Section 115.310(e)..

 

d)         Nothing in this Part shall be construed to interfere with the right of individuals with mental disabilities to choose where they rent or buy housing.

 

e)         If an agency requests a waiver of Section 115.310(c), the agency shall present to the Department its rationale for the waiver request, including evidence of efforts to comply with Section 115.310(c).  The request must be submitted before the agency leases, purchases or takes possession of the property to be used as a CILA or in the case of any agency having possession of the property, before the property is used as a CILA site.  The Department shall grant the waiver for the duration of the CILA if it determines that the granting of the waiver would meet the following criteria:

 

1)         It is consistent with the goal of community integration of individuals with disabilities in that the requested arrangement promotes, or at least does not diminish, individuals' opportunities and probabilities of interacting with neighbors without a disability and otherwise participating in neighborhood and community activities;

 

2)         It is consistent with Section 115.310(a), (b) and (d); and

 

3)         In the case of CILA sites existing prior to August 13, 1999, impact on individuals currently residing there caused by relocating can be shown to be negative.

 

f)         The Department shall issue a decision on waivers requested under subsection (d) of this Section within five working days after receipt of the written request.

 

g)         If the Department denies a waiver request, the agency may request a hearing in accordance with Section 115.470.  At the hearing, the Department shall have the burden of proving that there was substantial evidence to support the decision to deny the waiver.

 

(Source:  Amended at 23 Ill. Reg. 9791, effective August 13, 1999)