HB4952ham001 102ND GENERAL ASSEMBLY

Rep. Lindsey LaPointe

Filed: 2/10/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4952

2    AMENDMENT NO. ______. Amend House Bill 4952 by replacing
3everything after the enacting clause with the following:
 
4    "Section 3. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.21 as follows:
 
6    (5 ILCS 100/5-45.21 new)
7    Sec. 5-45.21. Emergency rulemaking; Department of Children
8and Family Services. To provide for the expeditious and timely
9implementation of Section 5.29 of the Children and Family
10Services Act, emergency rules implementing Section 5.29 of the
11Children and Family Services Act may be adopted in accordance
12with Section 5-45 by the Department of Children and Family
13Services. The adoption of emergency rules authorized by
14Section 5-45 and this Section is deemed to be necessary for the
15public interest, safety, and welfare.
16    This Section is repealed one year after the effective date

 

 

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1of this amendatory Act of the 102nd General Assembly.
 
2    Section 5. The Children and Family Services Act is amended
3by adding Sections 5.26, 5.27, 5.28, and 5.29 as follows:
 
4    (20 ILCS 505/5.26 new)
5    Sec. 5.26. Behavioral health referrals; agency monitoring.
6The Department of Children and Family Services, in conjunction
7with the Department of Human Services, shall develop a
8comprehensive list of children and youth under the age of 18
9who are diagnosed with intellectual and developmental
10disabilities or with a mental illness and are referred to a
11children's group home, an Illinois public school, a
12therapeutic day school, or a private in-state or out-of-state
13residential program or hospital due to their need for
14behavioral health services and supports.
15    The Department of Children and Family Services shall work
16in conjunction with the Department of Human Services, the
17State Board of Education, and the Department of Juvenile
18Justice to track the referrals, monitor any possible overlap
19between agencies, track funding streams, track the number of
20available facilities, staff, and beds, and establish clear
21processes and memoranda of understanding for the exchange of
22this information.
 
23    (20 ILCS 505/5.27 new)

 

 

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1    Sec. 5.27. Short-Term Stabilization Home Model.
2    The Department of Children and Family Services, in
3conjunction with the Department of Human Services and the
4State Board of Education, shall establish a Short-Term
5Stabilization Home Model for children and youth under the age
6of 18 who are diagnosed with intellectual and developmental
7disabilities or with a mental illness and are receiving
8services under any home and community-based services waiver
9program authorized under Section 1915(c) of the Social
10Security Act.
11    The Short-Term Stabilization Home Model shall serve
12eligible children and youth who have behavioral challenges
13that have not been stabilized despite interventions to support
14such children and youth in their communities. Under the model,
15eligible children and youth shall not stay in a short-term
16stabilization home for more than 90 days. Each short-term
17stabilization home in the model shall be staffed by the
18following personnel:
19        (1) board-certified behavior analysts;
20        (2) qualified intellectual disabilities
21    professionals;
22        (3) registered nurses;
23        (4) direct support persons;
24        (5) registered behavior technicians; and
25        (6) consulting psychiatrists.
26    The Department of Children and Family Services, the

 

 

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1Department of Human Services, and the State Board of
2Education, in conjunction with local school districts, shall
3be responsible for making referrals to the short-term
4stabilization homes.
5    The Department of Children and Family Services shall
6ensure all children and youth under the age of 18 with
7intellectual and developmental disabilities, regardless of
8funding streams, have access to the short-term stabilization
9home model. The Department shall work in conjunction with
10individual service coordination agencies in the child or
11youth's geographic area to identify potential short-term
12stabilization home participants.
 
13    (20 ILCS 505/5.28 new)
14    Sec. 5.28. Transition to Adulthood Model.
15    (a) The Department of Children and Family Services, in
16conjunction with the Department of Human Services and the
17State Board of Education, shall establish a Transition to
18Adulthood Model as an intensive transition program that serves
19young adults from the age of 18 to the day before their 26th
20birthday.
21    (b) The Transition to Adulthood Model shall include
22educational services so that young adults receiving services
23under the model can learn how to navigate within their own
24community, use public transportation, plan and purchase meals,
25self-advocate, plan social activities, and attend institutions

 

 

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1of higher learning, among other social activities.
2    The Transition to Adulthood Model shall also emphasize
3transition-to-adulthood planning to facilitate young adults
4with intellectual and developmental disabilities into their
5adult living arrangement and to prepare them to live as
6independently as possible within their own communities, while
7also emphasizing the intermittent supports they need to
8thrive. Young adults receiving services under the model shall
9be evaluated on an individual basis and strategies shall be
10based on person-centered planning.
11    Each young adult shall have an individualized transition
12plan in which transition specialists ensure communication,
13visits, and social engagements with other individuals (staff
14and peers) within the identified adult provider agency.
15    (c) The Transition to Adulthood Model shall employ
16transition specialists with job coaching skills to create a
17support replacement plan to ensure benchmarks toward
18independence are met by young adults receiving services under
19the model. These transition specialists shall have specialized
20training in transition and independence planning. A transition
21specialist, in collaboration with work site employees, shall
22work with a young adult toward helping the young adult achieve
23job independence.
 
24    (20 ILCS 505/5.29 new)
25    Sec. 5.29. Children's group homes; staffing; emergency

 

 

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1rules. The Department shall amend 89 Ill. Adm. Code 403.18 to
2permit licensed children's group homes to employ and utilize
3child care staff who are at least 18 years of age without an
4on-duty supervisor. The Department shall file emergency rules
5in accordance with the Illinois Administrative Procedure Act
6to implement this Section.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".