(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5.
(a) The Commission shall establish throughout the State such regions
as it considers appropriate to effectuate the purposes of the Authority
under this Act, taking into account the requirements of State and federal
statutes; population; civic, health and social service boundaries; and other
pertinent factors.
(b) The Commission shall act through its divisions as provided in this Act.
(c) The Commission shall establish general policy guidelines for the
operation of the Legal Advocacy Service, Human Rights Authority and State Guardian in
furtherance of this Act. Any action taken by a regional authority is subject
to the review and approval of the Commission. The Commission, acting on a request from the Director, may disapprove
any action of a regional authority, in which case the regional authority shall
cease such action.
(d) The Commission shall hire a Director and staff to carry out the powers
and duties of the Commission and its divisions pursuant to this Act and
the rules and regulations promulgated by the Commission. All staff other
than the Director shall be subject to the Personnel Code.
(e) The Commission shall review and evaluate the operations of the
divisions.
(f) The Commission shall operate subject to the provisions of the Illinois Procurement Code.
(g) The Commission shall prepare its budget.
(h) The Commission shall prepare an annual report on its operations and
submit the report to the Governor and the General Assembly.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with
the State Government Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library Act.
(i) The Commission shall establish rules and regulations for the conduct
of the work of its divisions, including rules and regulations for the Legal
Advocacy Service and the State Guardian in evaluating an eligible person's
or ward's financial resources for the purpose of determining whether the
eligible person or ward has the ability to pay for legal or guardianship
services received. The determination of the eligible person's financial
ability to pay for legal services shall be based upon the number of dependents
in the eligible person's family unit and the income, liquid assets and
necessary expenses, as prescribed by rule of the Commission of: (1) the
eligible person; (2) the eligible person's spouse; and (3) the parents of minor
eligible persons. The determination of a ward's ability to pay for
guardianship services shall be based upon the ward's estate. An eligible
person or ward found to have sufficient financial resources shall be required
to pay the Commission in accordance with standards established by the
Commission. No fees may be charged for legal services given unless the
eligible person is given notice at the start of such services that
such fees might be charged. No fees may be charged for guardianship
services given unless the ward is given notice of the request for fees
filed with the probate court and the court approves the amount of fees to
be assessed. All fees collected shall be deposited with the State Treasurer
and placed in the Guardianship and Advocacy Fund. The Commission shall
establish rules and regulations regarding the procedures of appeal for clients
prior to termination or suspension of legal services. Such rules and
regulations shall include, but not be limited to, client notification
procedures prior to the actual termination, the scope of issues subject to
appeal, and procedures specifying when a final administrative decision is made.
(j) The Commission shall take such actions as it deems necessary and
appropriate to receive private, federal and other public funds to help support
the divisions and to safeguard the rights of eligible persons. Private funds
and property may be accepted, held, maintained, administered and disposed of by
the Commission, as trustee, for such purposes for the benefit of the People of
the State of Illinois pursuant to the terms of the instrument granting the
funds or property to the Commission.
(k) The Commission may expend funds under the State's plan to protect
and advocate the rights of persons with a developmental disability established
under the federal Developmental Disabilities Services and Facilities
Construction Act (Public Law 94-103, Title II). If the Governor designates the
Commission to be the organization or agency to provide the services called for
in the State plan, the Commission shall make these protection and advocacy
services available to persons with a developmental disability by referral or by
contracting for these services to the extent practicable. If the Commission is
unable to so make available such protection and advocacy services, it shall
provide them through persons in its own employ.
(l) The Commission shall, to the extent funds are available, monitor
issues concerning the rights of eligible persons and the care and treatment
provided to those persons, including but not limited to the incidence of
abuse or neglect of eligible persons. For purposes of that monitoring the
Commission shall have access to reports of suspected abuse or neglect and
information regarding the disposition of such reports, subject to the
provisions of the Mental Health and Developmental Disabilities Confidentiality
Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
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