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Full Text of HB5050  101st General Assembly

HB5050 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5050

 

Introduced 2/18/2020, by Rep. Mike Murphy

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 135/3  from Ch. 91 1/2, par. 1703
225 ILCS 10/2.16  from Ch. 23, par. 2212.16
225 ILCS 10/3.5 rep.

    Amends the Community-Integrated Living Arrangements Licensure and Certification Act. In the definition of "community-living arrangement", includes a living arrangement where 10 or fewer persons under 22 years of age reside and receive services under the supervision of the community mental health or developmental services agency that was licensed under the Child Care Act of 1969 as a Children's Group Home 17D up to and including July 1, 2020 (a group home). Amends the Child Care Act of 1969 to exclude those group homes from the definition of "group home" under that Act. Further amends the Child Care Act of 1969 to repeal provisions regarding group homes for adolescents diagnosed with autism. Effective July 1, 2020.


LRB101 17460 CPF 66870 b

 

 

A BILL FOR

 

HB5050LRB101 17460 CPF 66870 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community-Integrated Living Arrangements
5Licensure and Certification Act is amended by changing Section
63 as follows:
 
7    (210 ILCS 135/3)  (from Ch. 91 1/2, par. 1703)
8    Sec. 3. As used in this Act, unless the context requires
9otherwise:
10    (a) "Applicant" means a person, group of persons,
11association, partnership or corporation that applies for a
12license as a community mental health or developmental services
13agency under this Act.
14    (b) "Community mental health or developmental services
15agency" or "agency" means a public or private agency,
16association, partnership, corporation or organization which,
17pursuant to this Act, certifies community-integrated living
18arrangements for persons with mental illness or persons with a
19developmental disability.
20    (c) "Department" means the Department of Human Services (as
21successor to the Department of Mental Health and Developmental
22Disabilities).
23    (d) "Community-integrated living arrangement" means a

 

 

HB5050- 2 -LRB101 17460 CPF 66870 b

1living arrangement certified by a community mental health or
2developmental services agency under this Act where 8 or fewer
3recipients with mental illness or recipients with a
4developmental disability who reside under the supervision of
5the agency. Examples of community-integrated living
6arrangements include but are not limited to the following:
7        (1) "Adult foster care", a living arrangement for
8    recipients in residences of families unrelated to them, for
9    the purpose of providing family care for the recipients on
10    a full-time basis;
11        (2) "Assisted residential care", an independent living
12    arrangement where recipients are intermittently supervised
13    by off-site staff;
14        (3) "Crisis residential care", a non-medical living
15    arrangement where recipients in need of non-medical,
16    crisis services are supervised by on-site staff 24 hours a
17    day;
18        (4) "Home individual programs", living arrangements
19    for 2 unrelated adults outside the family home;
20        (5) "Supported residential care", a living arrangement
21    where recipients are supervised by on-site staff and such
22    supervision is provided less than 24 hours a day;
23        (6) "Community residential alternatives", as defined
24    in the Community Residential Alternatives Licensing Act;
25    and
26        (7) "Special needs trust-supported residential care",

 

 

HB5050- 3 -LRB101 17460 CPF 66870 b

1    a living arrangement where recipients are supervised by
2    on-site staff and that supervision is provided 24 hours per
3    day or less, as dictated by the needs of the recipients,
4    and determined by service providers. As used in this item
5    (7), "special needs trust" means a trust for the benefit of
6    a beneficiary with a disability as described in Section
7    1213 of the Illinois Trust Code.
8        (8) "Group home", a living arrangement where 10 or
9    fewer persons under 22 years of age reside and receive
10    services under the supervision of the agency that was
11    licensed under the Child Care Act of 1969 as a Children's
12    Group Home 17D up to and including July 1, 2020.
13    (e) "Recipient" means a person who has received, is
14receiving, or is in need of treatment or habilitation as those
15terms are defined in the Mental Health and Developmental
16Disabilities Code.
17    (f) "Unrelated" means that persons residing together in
18programs or placements certified by a community mental health
19or developmental services agency under this Act do not have any
20of the following relationships by blood, marriage or adoption:
21parent, son, daughter, brother, sister, grandparent, uncle,
22aunt, nephew, niece, great grandparent, great uncle, great
23aunt, stepbrother, stepsister, stepson, stepdaughter,
24stepparent or first cousin.
25(Source: P.A. 101-48, eff. 1-1-20.)
 

 

 

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1    Section 10. The Child Care Act of 1969 is amended by
2changing Section 2.16 as follows:
 
3    (225 ILCS 10/2.16)  (from Ch. 23, par. 2212.16)
4    Sec. 2.16. "Group home" means a child care facility which
5provides care for no more than 10 children placed by and under
6the supervision of a licensed child welfare agency with these
7homes being owned or rented, staffed, maintained and otherwise
8operated by the agency. "Group home" does not include a living
9arrangement where 10 or fewer persons under 22 years of age
10reside that was licensed under this Act as a Children's Group
11Home 17D up to and including July 1, 2020.
12(Source: P.A. 79-1016.)
 
13    (225 ILCS 10/3.5 rep.)
14    Section 15. The Child Care Act of 1969 is amended by
15repealing Section 3.5.
 
16    Section 99. Effective date. This Act takes effect July 1,
172020.