Rep. Daniel Didech

Filed: 3/6/2020

 

 


 

 


 
10100HB4050ham003LRB101 12906 LNS 71331 a

1
AMENDMENT TO HOUSE BILL 4050

2    AMENDMENT NO. ______. Amend House Bill 4050 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Probate Act of 1975 is amended by changing
5Sections 11a-1 and 11a-9 as follows:
 
6    (755 ILCS 5/11a-1)  (from Ch. 110 1/2, par. 11a-1)
7    Sec. 11a-1. Definitions. Developmental disability
8defined.) As used in this Act:
9     "Developmental disability" means a disability that is
10attributable to an intellectual disability or a related
11condition.
12    "Intellectual disability" means significantly subaverage
13general intellectual functioning existing concurrently with
14deficits in adaptive behavior and manifested before the age of
1522 years.
16    "Related condition" means a condition that:

 

 

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1        (1) is attributable to cerebral palsy, epilepsy, or any
2    other condition, other than mental illness, found to be
3    closely related to an intellectual disability because that
4    condition results in impairment of general intellectual
5    functioning or adaptive behavior similar to that of
6    individuals with an intellectual disability, and requires
7    treatment or services similar to those required for those
8    individuals. For purposes of this Act, autism is considered
9    a related condition;
10        (2) is manifested before the individual reaches age 22;
11        (3) is likely to continue indefinitely; and
12        (4) results in substantial functional limitation in 3
13    or more of the following areas of major life activity:
14    self-care, language, learning, mobility, self-direction,
15    and capacity for independent living. "Developmental
16    disability" means a disability which is attributable to:
17    (a) an intellectual disability, cerebral palsy, epilepsy
18    or autism; or to (b) any other condition which results in
19    impairment similar to that caused by an intellectual
20    disability and which requires services similar to those
21    required by persons with intellectual disabilities. Such
22    disability must originate before the age of 18 years, be
23    expected to continue indefinitely, and constitute a
24    substantial disability.
25(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (755 ILCS 5/11a-9)  (from Ch. 110 1/2, par. 11a-9)
2    Sec. 11a-9. Report.)
3    (a) The petition for adjudication of disability and for
4appointment of a guardian should be accompanied by a report
5which contains (1) a description of the nature and type of the
6respondent's disability and an assessment of how the disability
7impacts on the ability of the respondent to make decisions or
8to function independently; (2) an analysis and results of
9evaluations of the respondent's mental and physical condition
10and, where appropriate, educational condition, adaptive
11behavior and social skills, which have been performed within 3
12months of the date of the filing of the petition, or, in the
13case of an intellectual disability, a psychological evaluation
14of the respondent that has been performed by a clinical
15psychologist licensed under the Clinical Psychologist
16Licensing Act, within one year of the date of the filing of the
17petition; (3) an opinion as to whether guardianship is needed,
18the type and scope of the guardianship needed, and the reasons
19therefor; (4) a recommendation as to the most suitable living
20arrangement and, where appropriate, treatment or habilitation
21plan for the respondent and the reasons therefor; (5) the name,
22business address, business telephone number, and signatures of
23all persons who performed the evaluations upon which the report
24is based, one of whom shall be a licensed physician, or may, in
25the case of the an intellectual disability, be a clinical
26psychologist licensed under the Clinical Psychologist

 

 

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1Licensing Act, and a statement of the certification, license,
2or other credentials that qualify the evaluators who prepared
3the report.
4    (b) If for any reason no report accompanies the petition,
5the court shall order appropriate evaluations to be performed
6by a qualified person or persons and a report prepared and
7filed with the court at least 10 days prior to the hearing.
8    (b-5) Upon oral or written motion by the respondent or the
9guardian ad litem or upon the court's own motion, the court
10shall appoint one or more independent experts to examine the
11respondent. Upon the filing with the court of a verified
12statement of services rendered by the expert or experts, the
13court shall determine a reasonable fee for the services
14performed. If the respondent is unable to pay the fee, the
15court may enter an order upon the petitioner to pay the entire
16fee or such amount as the respondent is unable to pay. However,
17in cases where the Office of State Guardian is the petitioner,
18consistent with Section 30 of the Guardianship and Advocacy
19Act, no expert services fees shall be assessed against the
20Office of the State Guardian.
21    (c) Unless the court otherwise directs, any report prepared
22pursuant to this Section shall not be made part of the public
23record of the proceedings but shall be available to the court
24or an appellate court in which the proceedings are subject to
25review, to the respondent, the petitioner, the guardian, and
26their attorneys, to the respondent's guardian ad litem, and to

 

 

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1such other persons as the court may direct.
2(Source: P.A. 98-1094, eff. 1-1-15.)".