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. | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community-Integrated Living Arrangements | 5 | | Licensure and
Certification Act is amended by changing Section | 6 | | 3 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 | 9 | | otherwise:
| 10 | | (a) "Applicant" means a person, group of persons, | 11 | | association, partnership
or corporation that applies for a | 12 | | license as a community mental health or
developmental services | 13 | | agency under this Act.
| 14 | | (b) "Community mental health or developmental services | 15 | | agency" or "agency"
means a public or private agency, | 16 | | association, partnership, corporation or
organization which, | 17 | | pursuant to this Act, certifies community-integrated living
| 18 | | arrangements for persons with mental illness or persons with a | 19 | | developmental
disability.
| 20 | | (c) "Department" means the Department of Human Services (as | 21 | | successor to
the Department of Mental Health and Developmental | 22 | | Disabilities).
| 23 | | (d) "Community-integrated living arrangement" means a |
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| 1 | | living arrangement
certified by a community mental health or | 2 | | developmental services agency
under this Act where 8 or fewer | 3 | | recipients with mental illness or recipients
with a | 4 | | developmental disability who reside under the supervision of | 5 | | the agency.
Examples of community-integrated living | 6 | | arrangements 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", |
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| 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 | 14 | | receiving, or is in need
of treatment or habilitation as those | 15 | | terms are defined in the Mental Health
and Developmental | 16 | | Disabilities Code.
| 17 | | (f) "Unrelated" means that persons residing together in | 18 | | programs or
placements certified by a community mental health | 19 | | or developmental services
agency under this Act do not have any | 20 | | of the following relationships by blood,
marriage or adoption: | 21 | | parent, son, daughter, brother, sister, grandparent,
uncle, | 22 | | aunt, nephew, niece, great grandparent, great uncle, great | 23 | | aunt,
stepbrother, stepsister, stepson, stepdaughter, | 24 | | stepparent 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 | 2 | | changing 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 | 5 | | provides care for no more
than 10 children placed by and under | 6 | | the supervision of a licensed child
welfare agency with these | 7 | | homes being owned or rented, staffed, maintained
and otherwise | 8 | | operated by the agency. "Group home" does not include a living | 9 | | arrangement where 10 or fewer persons under 22 years of age | 10 | | reside that was licensed under this Act as a Children's Group | 11 | | Home 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 | 15 | | repealing Section 3.5.
| 16 | | Section 99. Effective date. This Act takes effect July 1, | 17 | | 2020.
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