BROSNAHAN-RYAN-MCKEON-FEIGENHOLTZ-ERWIN, YARBROUGH, BLACK AND LANG.
DEVELOPMNTL DISABILITIES SRVCS
Synopsis of Bill as introduced:
Creates the Developmental Disabilities Services Act of 2001.
Requires the Governor, with the assistance of the Secretary of Human
Services, to appoint an advisory committee to develop a Developmental
Disabilities Services Implementation Plan that will ensure compliance
by the State with the federal Americans with Disabilities Act and the
U.S. Supreme Court decision in Olmstead v. L.C. Specifies items that
must be included in the implementation plan and specifies services
that may be provided under the implementation plan. Repeals the
Developmental Disabilities Services Law of the Developmental
Disability and Mental Disability Services Act. Effective immediately.
HOUSE AMENDMENT NO. 1.
Deletes everything. Reinserts the provisions of the bill with
several changes. Deletes reference to "developmental". Provides that a
"disability" is as defined in the Americans with Disabilities Act.
Provides that services shall be provided under the Act to the extent
appropriations are made available by the General Assembly for the
programs and services indicated in the implementation plan. Effective
HOUSE AMENDMENT NO. 2. (Tabled April 4, 2001)
Replaces the definition of "disability" and adds definitions of
types of disabilities. Changes references to "case coordination
services" to "service coordination". Provides that family members and
other representatives of the person with a disability must be allowed,
encouraged, and supported to participate in planning and
decision-making regarding the person's individual service plan, if the
person with a disability consents to that participation. Deletes age
as a factor, and makes other changes concerning nondiscriminatory
access to services. Specifies certain items that must be included in
the Department of Human Services' implementation plan with respect to
comprehensive evaluations. Changes the date for the Governor's initial
report to the General Assembly from October 1, 2001 to July 1, 2002,
and requires subsequent plan updates and reports by July 1 (instead of
March 1) of each year. Provides that initial implementation of the
plan is required by July 1, 2003, and that the requirement of annual
updates and reports expires in 2007, unless otherwise extended by the
General Assembly. Makes other changes.
HOUSE AMENDMENT NO. 3.
Makes changes substantially similar to those made by H-am 2,
except: (1) provides that a residential placement must be offered in
the most integrated setting appropriate, instead of in the least
restrictive setting possible; (2) provides that a person with a
disability has the right to a transition plan developed and ready
for implementation by no later than the school year in which the
person reaches age 14, consistent with the requirements of the
federal Individuals with Disabilities Education Act and Article XIV
of the School Code (instead of developed and ready for implementation
before the person's exit from school); (3) requires that vocational
training lead to employment and reemployment in the most integrated
setting appropriate to the individual (instead of simply lead to
employment and reemployment); (4) requires that a due process hearing
be before an impartial hearing officer (instead of simply before a
hearing officer); (5) provides for an award of "prevailing" (instead
of "reasonable") attorney's fees to a successful plaintiff in a
formal administrative or judicial action; and (6) provides that the
Governor's initial report to the General Assembly must include a
report of related program and service improvements or expansions
implemented since the effective date of the Developmental Disabilities
Services Act of 2001.
Last action on Bill: SESSION SINE DIE
Last action date: JAN-07-2003
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0
END OF INQUIRY
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