DHS-COMMUNITY DAY SERVICES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5102

Introduced 2/10/2026, by Rep. Suzanne M. Ness

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/2

from Ch. 91 1/2, par. 100-2
405 ILCS 30/2

from Ch. 91 1/2, par. 902

Amends the Community Services Act. Adds community day services to the
list of service categories covered under the Act. Defines "community day
services" to mean a Home and Community-Based Waiver day program that is
certified by the Department of Human Services and provides assistance with
gaining, maintaining, or improving skills and functioning to individuals
with developmental disabilities. Makes conforming changes to the Mental
Health and Developmental Disabilities Administrative Act.
LRB104 18139 KTG 31578 b

A BILL FOR

HB5102
LRB104 18139 KTG 31578 b
1

AN ACT concerning developmental disabilities.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Mental Health and Developmental
5
Disabilities Administrative Act is amended by changing Section
6
2 as follows:

7

(20 ILCS 1705/2)

(from Ch. 91 1/2, par. 100-2)
8

Sec. 2.
Definitions; administrative subdivisions.
9

(a) For the purposes of this Act, unless the context
10
otherwise requires:
11

"Community day services" or "CDS" means a Home and
12
Community-Based Waiver day program that is certified by the
13
Department. Community day services provide assistance with
14
gaining, maintaining, or improving skills and functioning to
15
individuals with developmental disabilities. Services can
16
reinforce skills or strategies taught in other settings and
17
may include training and supports to help prevent or slow the
18
loss of skills. Community day services take place in a
19
non-residential setting, separate from the individual's
20
residential setting, whether individually owned, controlled,
21
or other. Community day services can be provided in a site
22
certified by the Department (site-based CDS) or in community
23
locations where members of the general community typically

HB5102
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LRB104 18139 KTG 31578 b
1
congregate (non-site-based CDS). CDS activities shall promote
2
greater independence and support full access to the general
3
community to the same degree as persons not receiving Home and
4
Community-Based Waiver services.

5

"Department" means the Department of Human Services,
6
successor to the former Department of Mental Health and
7
Developmental Disabilities.
8

"Developmental disability" means "developmental
9
disability" as defined in Section 1-106 of the Mental Health
10
and Developmental Disabilities Code.
11

"Intellectual disability" means the "intellectual
12
disability" as defined in Section 1-116 of the Mental Health
13
and Developmental Disabilities Code.
14

"Secretary" means the Secretary of Human Services.
15

(b) Unless the context otherwise requires:
16

(1) References in this Act to the programs or
17

facilities of the Department shall be construed to refer
18

only to those programs or facilities of the Department
19

that pertain to mental health or developmental
20

disabilities.
21

(2) References in this Act to the Department's service
22

providers or service recipients shall be construed to
23

refer only to providers or recipients of services that
24

pertain to the Department's mental health and
25

developmental disabilities functions.
26

(3) References in this Act to employees of the

HB5102
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LRB104 18139 KTG 31578 b
1

Department shall be construed to refer only to employees
2

whose duties pertain to the Department's mental health and
3

developmental disabilities functions.
4

(c) The Secretary shall establish such subdivisions of the
5
Department as shall be desirable and shall assign to the
6
various subdivisions the responsibilities and duties placed
7
upon the Department by the Laws of the State of Illinois.
8

(d) There is established a coordinator of services to deaf
9
and hearing impaired persons with mental disabilities. In
10
hiring this coordinator, every consideration shall be given to
11
qualified deaf or hearing impaired individuals.
12

(e) Whenever the administrative director of the
13
subdivision for mental health services is not a
14
board-certified psychiatrist, the Secretary shall appoint a
15
Chief for Clinical Services who shall be a board-certified
16
psychiatrist with both clinical and administrative experience.
17
The Chief for Clinical Services shall be responsible for all
18
clinical and medical decisions for mental health services.
19
(Source: P.A. 102-972, eff. 1-1-23
.)

20

Section 10.
The Community Services Act is amended by
21
changing Section 2 as follows:

22

(405 ILCS 30/2)

(from Ch. 91 1/2, par. 902)
23

Sec. 2.
Community services system.
Services should be
24
planned, developed, delivered and evaluated as part of a

HB5102
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LRB104 18139 KTG 31578 b
1
comprehensive and coordinated system. The Department of Human
2
Services shall encourage the establishment of services in each
3
area of the State which cover the services categories
4
described below. What specific services are provided under
5
each service category shall be based on local needs; special
6
attention shall be given to unserved and underserved
7
populations, including children and youth, racial and ethnic
8
minorities, and the elderly. The service categories shall
9
include:
10

(a) Prevention: services designed primarily to reduce
11

the incidence and ameliorate the severity of developmental
12

disabilities, mental illness, and substance use disorders
13

as defined in the Substance Use Disorder Act;
14

(b) Client Assessment and Diagnosis: services designed
15

to identify persons with developmental disabilities,
16

mental illness, and substance use disorders; to determine
17

the extent of the disability and the level of functioning;
18

to ensure that the individual's need for treatment of
19

mental disorders or substance use disorders or
20

co-occurring substance use and mental health disorders is
21

determined using a uniform screening, assessment, and
22

evaluation process inclusive of criteria; for purposes of
23

this subsection (b), a uniform screening, assessment, and
24

evaluation process refers to a process that includes an
25

appropriate evaluation and, as warranted, a referral;
26

"uniform" does not mean the use of a singular instrument,

HB5102
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LRB104 18139 KTG 31578 b
1

tool, or process that all must utilize; information
2

obtained through client evaluation can be used in
3

individual treatment and habilitation plans; to assure
4

appropriate placement and to assist in program evaluation;
5

(c) Case Coordination: services to provide information
6

and assistance to persons with disabilities to ensure that
7

they obtain needed services provided by the private and
8

public sectors; case coordination services should be
9

available to individuals whose functioning level or
10

history of institutional recidivism or long-term care
11

indicate that such assistance is required for successful
12

community living;
13

(d) Crisis and Emergency: services to assist
14

individuals and their families through crisis periods, to
15

stabilize individuals under stress and to prevent
16

unnecessary institutionalization;
17

(e) Treatment, Habilitation and Support: services
18

designed to help individuals develop skills which promote
19

independence and improved levels of social and vocational
20

functioning and personal growth; and to provide
21

non-treatment support services which are necessary for
22

successful community living;
23

(f) Community Residential Alternatives to
24

Institutional Settings: services to provide living
25

arrangements for persons unable to live independently; the
26

level of supervision, services provided and length of stay

HB5102
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LRB104 18139 KTG 31578 b
1

at community residential alternatives will vary by the
2

type of program and the needs and functioning level of the
3

residents; other services may be provided in a community
4

residential alternative which promote the acquisition of
5

independent living skills and integration with the
6

community.
7

(g) Community Day Services or CDS: a Home and
8

Community-Based Waiver day program that is certified by
9

the Department. Community day services provide assistance
10

with gaining, maintaining, or improving skills and
11

functioning to individuals with developmental
12

disabilities. Services can reinforce skills or strategies
13

taught in other settings and may include training and
14

supports to help prevent or slow the loss of skills.
15

Community day services take place in a non-residential
16

setting, separate from the individual's residential
17

setting, whether individually owned, controlled, or other.
18

Community day services can be provided in a site certified
19

by the Department (site-based CDS) or in community
20

locations where members of the general community typically
21

congregate (non-site-based CDS). CDS activities shall
22

promote greater independence and support full access to
23

the general community to the same degree as persons not
24

receiving Home and Community-Based Waiver services.

25
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19
.)

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