Sen. Sara Feigenholtz

Filed: 5/14/2021





10200HB0307sam001LRB102 11622 CMG 26612 a


2    AMENDMENT NO. ______. Amend House Bill 307 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
514-15.01 as follows:
6    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
7    Sec. 14-15.01. Community and Residential Services
9    (a) (1) The Community and Residential Services Authority
10is hereby created and shall consist of the following members:
11    A representative of the State Board of Education;
12    Four representatives of the Department of Human Services
13appointed by the Secretary of Human Services, with one member
14from the Division of Community Health and Prevention, one
15member from the Division of Developmental Disabilities, one
16member from the Division of Mental Health, and one member from



10200HB0307sam001- 2 -LRB102 11622 CMG 26612 a

1the Division of Rehabilitation Services;
2    A representative of the Department of Children and Family
4    A representative of the Department of Juvenile Justice;
5    A representative of the Department of Healthcare and
6Family Services;
7    A representative of the Attorney General's Disability
8Rights Advocacy Division;
9    The Chairperson and Minority Spokesperson of the House and
10Senate Committees on Elementary and Secondary Education or
11their designees; and
12    Six persons appointed by the Governor. Five of such
13appointees shall be experienced or knowledgeable relative to
14provision of services for individuals with a behavior disorder
15or a severe emotional disturbance and shall include
16representatives of both the private and public sectors, except
17that no more than 2 of those 5 appointees may be from the
18public sector and at least 2 must be or have been directly
19involved in provision of services to such individuals. The
20remaining member appointed by the Governor shall be or shall
21have been a parent of an individual with a behavior disorder or
22a severe emotional disturbance, and that appointee may be from
23either the private or the public sector.
24    (2) Members appointed by the Governor shall be appointed
25for terms of 4 years and shall continue to serve until their
26respective successors are appointed; provided that the terms



10200HB0307sam001- 3 -LRB102 11622 CMG 26612 a

1of the original appointees shall expire on August 1, 1990. Any
2vacancy in the office of a member appointed by the Governor
3shall be filled by appointment of the Governor for the
4remainder of the term.
5    A vacancy in the office of a member appointed by the
6Governor exists when one or more of the following events
8        (i) An appointee dies;
9        (ii) An appointee files a written resignation with the
10    Governor;
11        (iii) An appointee ceases to be a legal resident of
12    the State of Illinois; or
13        (iv) An appointee fails to attend a majority of
14    regularly scheduled Authority meetings in a fiscal year.
15    Members who are representatives of an agency shall serve
16at the will of the agency head. Membership on the Authority
17shall cease immediately upon cessation of their affiliation
18with the agency. If such a vacancy occurs, the appropriate
19agency head shall appoint another person to represent the
21    If a legislative member of the Authority ceases to be
22Chairperson or Minority Spokesperson of the designated
23Committees, they shall automatically be replaced on the
24Authority by the person who assumes the position of
25Chairperson or Minority Spokesperson.
26    (b) The Community and Residential Services Authority shall



10200HB0307sam001- 4 -LRB102 11622 CMG 26612 a

1have the following powers and duties:
2        (1) To conduct surveys to determine the extent of
3    need, the degree to which documented need is currently
4    being met and feasible alternatives for matching need with
5    resources.
6        (2) To develop policy statements for interagency
7    cooperation to cover all aspects of service delivery,
8    including laws, regulations and procedures, and clear
9    guidelines for determining responsibility at all times.
10        (3) To recommend policy statements and provide
11    information regarding effective programs for delivery of
12    services to all individuals under 22 years of age with a
13    behavior disorder or a severe emotional disturbance in
14    public or private situations.
15        (4) To review the criteria for service eligibility,
16    provision and availability established by the governmental
17    agencies represented on this Authority, and to recommend
18    changes, additions or deletions to such criteria.
19        (5) To develop and submit to the Governor, the General
20    Assembly, the Directors of the agencies represented on the
21    Authority, and the State Board of Education a master plan
22    for individuals under 22 years of age with a behavior
23    disorder or a severe emotional disturbance, including
24    detailed plans of service ranging from the least to the
25    most restrictive options; and to assist local communities,
26    upon request, in developing or strengthening collaborative



10200HB0307sam001- 5 -LRB102 11622 CMG 26612 a

1    interagency networks.
2        (6) To develop a process for making determinations in
3    situations where there is a dispute relative to a plan of
4    service for individuals or funding for a plan of service.
5        (7) To provide technical assistance to parents,
6    service consumers, providers, and member agency personnel
7    regarding statutory responsibilities of human service and
8    educational agencies, and to provide such assistance as
9    deemed necessary to appropriately access needed services.
10        (8) To establish a pilot program to act as a
11    residential research hub to research and identify
12    appropriate residential settings for youth who are being
13    housed in an emergency room for more than 72 hours or who
14    are deemed beyond medical necessity in a psychiatric
15    hospital. If a child is deemed beyond medical necessity in
16    a psychiatric hospital and is in need of residential
17    placement, the program shall require that any State
18    agencies involved report to the Authority.
19    (c) (1) The members of the Authority shall receive no
20compensation for their services but shall be entitled to
21reimbursement of reasonable expenses incurred while performing
22their duties.
23    (2) The Authority may appoint special study groups to
24operate under the direction of the Authority and persons
25appointed to such groups shall receive only reimbursement of
26reasonable expenses incurred in the performance of their



10200HB0307sam001- 6 -LRB102 11622 CMG 26612 a

2    (3) The Authority shall elect from its membership a
3chairperson, vice-chairperson and secretary.
4    (4) The Authority may employ and fix the compensation of
5such employees and technical assistants as it deems necessary
6to carry out its powers and duties under this Act. Staff
7assistance for the Authority shall be provided by the State
8Board of Education.
9    (5) Funds for the ordinary and contingent expenses of the
10Authority shall be appropriated to the State Board of
11Education in a separate line item.
12    (d) (1) The Authority shall have power to promulgate rules
13and regulations to carry out its powers and duties under this
15    (2) The Authority may accept monetary gifts or grants from
16the federal government or any agency thereof, from any
17charitable foundation or professional association or from any
18other reputable source for implementation of any program
19necessary or desirable to the carrying out of the general
20purposes of the Authority. Such gifts and grants may be held in
21trust by the Authority and expended in the exercise of its
22powers and performance of its duties as prescribed by law.
23    (3) The Authority shall submit an annual report of its
24activities and expenditures to the Governor, the General
25Assembly, the directors of agencies represented on the
26Authority, and the State Superintendent of Education.



10200HB0307sam001- 7 -LRB102 11622 CMG 26612 a

1    (e) The Authority shall be added as an equal participant
2on the Interagency Clinical Team established in the
3intergovernmental agreement among the Department of Healthcare
4and Family Services, the Department of Children and Family
5Services, the Department of Human Services, the State Board of
6Education, the Department of Juvenile Justice, and the
7Department of Public Health, with consent of the youth or the
8youth's guardian or family pursuant to the Custody
9Relinquishment Prevention Act.
10(Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)".