Full Text of HB4050 101st General Assembly
HB4050ham003 101ST GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 3/6/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4050
| 2 | | AMENDMENT NO. ______. Amend House Bill 4050 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Probate Act of 1975 is amended by changing | 5 | | Sections 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 | 8 | | defined.) As used in this Act: | 9 | | "Developmental disability" means a disability that is | 10 | | attributable to an intellectual disability or a related | 11 | | condition. | 12 | | "Intellectual disability" means significantly subaverage | 13 | | general intellectual functioning existing concurrently with | 14 | | deficits in adaptive behavior and manifested before the age of | 15 | | 22 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 | 4 | | appointment of a guardian
should be accompanied by a report | 5 | | which contains (1) a description of
the nature and type of the | 6 | | respondent's disability and an assessment of how
the disability | 7 | | impacts on the ability of the respondent to make decisions or
| 8 | | to function independently; (2) an analysis and results of | 9 | | evaluations of
the respondent's mental and physical condition | 10 | | and, where
appropriate, educational condition, adaptive | 11 | | behavior and social skills,
which have been performed within 3 | 12 | | months of the date of the filing of the
petition , or, in the | 13 | | case of an intellectual disability, a psychological evaluation | 14 | | of the respondent that has been performed by a clinical | 15 | | psychologist licensed under the Clinical Psychologist | 16 | | Licensing Act, within one year of the date of the filing of the | 17 | | petition ; (3) an opinion as to whether guardianship is
needed, | 18 | | the type and scope of the guardianship needed, and the reasons
| 19 | | therefor; (4) a recommendation as to the most suitable living | 20 | | arrangement
and, where appropriate, treatment or habilitation | 21 | | plan for the respondent
and the reasons therefor; (5) the name, | 22 | | business address, business telephone number, and signatures of | 23 | | all persons who performed
the evaluations upon which the report | 24 | | is based, one of whom shall be
a licensed physician , or may, in | 25 | | the case of the an intellectual disability, be a clinical | 26 | | psychologist licensed under the Clinical Psychologist |
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| 1 | | Licensing Act, and a statement of the certification, license, | 2 | | or other
credentials that qualify the evaluators who prepared | 3 | | the report.
| 4 | | (b) If for any reason no report accompanies the petition, | 5 | | the court
shall order appropriate evaluations to be performed | 6 | | by a qualified
person or persons and a report prepared and | 7 | | filed with the court at least
10 days prior to the hearing.
| 8 | | (b-5) Upon oral or written motion by the respondent or the | 9 | | guardian ad
litem or upon the court's own motion, the court | 10 | | shall appoint one or more
independent experts to examine the | 11 | | respondent. Upon the filing with the
court of a verified | 12 | | statement of services rendered by the expert or
experts, the | 13 | | court shall determine a reasonable fee for the services
| 14 | | performed. If the respondent is unable to pay the fee, the | 15 | | court may
enter an order upon the petitioner to pay the entire | 16 | | fee or such
amount as
the respondent is unable to pay.
However, | 17 | | in cases where the Office of State Guardian is the petitioner,
| 18 | | consistent with Section 30 of the Guardianship and Advocacy | 19 | | Act, no expert
services fees shall be assessed against the | 20 | | Office of the State Guardian. | 21 | | (c) Unless the court otherwise directs, any report prepared | 22 | | pursuant
to this Section shall not be made
part of the public | 23 | | record of the proceedings but shall be available to
the court | 24 | | or an appellate court in which the proceedings are subject to
| 25 | | review, to the respondent, the petitioner, the guardian, and | 26 | | their
attorneys, to the
respondent's guardian ad litem, and to |
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| 1 | | such other persons as the court
may direct.
| 2 | | (Source: P.A. 98-1094, eff. 1-1-15 .)".
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