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HB5269 - 104th General Assembly

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HB5269 Enrolled
LRB104 18239 RPS 31678 b
1

AN ACT concerning health.

2

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

4

Section 5.
The Guardianship and Advocacy Act is amended by
5
changing Sections 2, 4, 5, and 26 as follows:

6

(20 ILCS 3955/2)

(from Ch. 91 1/2, par. 702)
7

Sec. 2.
As used in this Act, unless the context requires
8
otherwise:
9

(a) "Authority" means a Human Rights Authority.
10

(b) "Commission" means the Guardianship and Advocacy
11
Commission.
12

(c) "Director" means the Director of the Guardianship and
13
Advocacy Commission.
14

(d) "Guardian" means a court appointed guardian or
15
conservator.
16

(e) "Services" includes but is not limited to examination,
17
diagnosis, evaluation, treatment, care, training,
18
psychotherapy, pharmaceuticals, after-care, habilitation, and
19
rehabilitation provided for an eligible person.
20

(f) "Person" means an individual, corporation,
21
partnership, association, unincorporated organization, or a
22
government or any subdivision, agency, or instrumentality
23
thereof.

HB5269 Enrolled
- 2 -
LRB104 18239 RPS 31678 b
1

(g) "Eligible persons" means individuals who have
2
received, are receiving, have requested, or may be in need of
3
mental health services, or are
"
persons with a "developmental
4
disability" as defined in the federal Developmental
5
Disabilities
Assistance and Bill of Rights Act of 2000 (42
6
U.S.C. 15002(8)),

Services and Facilities Construction Act
7
(Public Law 94-103, Title II),
as now or
as
hereafter amended,
8
or "persons
"
with
one or more
disabilities" as defined in the
9
Rehabilitation of Persons with Disabilities Act.
10

(h) "Rights" includes but is not limited to all rights,
11
benefits, and privileges guaranteed by law, the Constitution
12
of the State of Illinois, and the Constitution of the United
13
States.
14

(i) "Legal Advocacy Service attorney" means an attorney
15
employed by or under contract with the Legal Advocacy Service.
16

(j) "Service provider" means any public or private
17
facility, center, hospital, clinic, program, or any other
18
person devoted in whole or in part to providing services to
19
eligible persons.
20

(k) "State Guardian" means the Office of State Guardian.
21

(l) "Ward" means a ward as defined by the Probate Act of
22
1975, as now or hereafter amended, who is at least 18 years of
23
age.
24
(Source: P.A. 99-143, eff. 7-27-15.)

25

(20 ILCS 3955/4)

(from Ch. 91 1/2, par. 704)

HB5269 Enrolled
- 3 -
LRB104 18239 RPS 31678 b
1

Sec. 4.
(a) The Commission shall consist of 11 members,
2
one of whom shall be a senior citizen age 60 or over, who shall
3
be appointed by the Governor, taking into account the
4
requirements of State and federal statutes, with the advice
5
and consent of the Senate.
6

All appointments shall be filed with the Secretary of
7
State by the appointing authority.
8

(b) The terms of the original members shall be 3 one year
9
terms, 3 two year terms, and 3 three year terms, all terms to
10
continue until a successor is appointed and qualified. The
11
length of the terms of the original members shall be drawn by
12
lot of the first meeting held by the Commission. The members
13
first appointed under this amendatory Act of 1984 shall serve
14
for a term of 3 years. Thereafter all terms shall be for 3
15
years, with each member serving no more than 2 consecutive
16
terms. Vacancies in the membership are to be filled in the same
17
manner as original appointments. Appointments to fill
18
vacancies occurring before the expiration of a term are for
19
the remainder of the unexpired term. A member of the
20
Commission shall serve for a term ending on June 30 and until
21
his successor is appointed and qualified.
22

(c) The Commission shall annually elect a Chairman and any
23
other officers it deems necessary. The Commission shall meet
24
at least once every 3 months with the times and places of
25
meetings determined by the Chairman. Additional meetings may
26
be called by the Chairman upon written notice 7 days before the

HB5269 Enrolled
- 4 -
LRB104 18239 RPS 31678 b
1
meeting or by written petition of 5 members to the Chairman.
A
2
majority of the

Six
members of the Commission
, excluding
3
vacancies,
constitute a quorum.
4

(d) Members of the Commission are not entitled to
5
compensation but shall receive reimbursement for actual
6
expenses incurred in the performance of their duties.
7
(Source: P.A. 83-1538.)

8

(20 ILCS 3955/5)

(from Ch. 91 1/2, par. 705)
9

Sec. 5.
(a) The Commission shall establish throughout the
10
State such regions as it considers appropriate to effectuate
11
the purposes of the Authority under this Act, taking into
12
account the requirements of State and federal statutes;
13
population; civic, health and social service boundaries; and
14
other pertinent factors.
15

(b) The Commission shall act through its divisions as
16
provided in this Act.
17

(c) The Commission shall establish general policy
18
guidelines for the operation of the Legal Advocacy Service,
19
Human Rights Authority and State Guardian in furtherance of
20
this Act. Any action taken by a regional authority is subject
21
to the review and approval of the Commission. The Commission,
22
acting on a request from the Director, may disapprove any
23
action of a regional authority, in which case the regional
24
authority shall cease such action.
25

(d) The Commission shall hire a Director and staff to

HB5269 Enrolled
- 5 -
LRB104 18239 RPS 31678 b
1
carry out the powers and duties of the Commission and its
2
divisions pursuant to this Act and the rules and regulations
3
promulgated by the Commission. All staff other than the
4
Director shall be subject to the Personnel Code.
5

(e) The Commission shall review and evaluate the
6
operations of the divisions.
7

(f) The Commission shall operate subject to the provisions
8
of the Illinois Procurement Code.
9

(g) The Commission shall prepare its budget.
10

(h) The Commission shall prepare an annual report on its
11
operations and submit the report to the Governor and the
12
General Assembly.
13

The requirement for reporting to the General Assembly
14
shall be satisfied by filing copies of the report as required
15
by Section 3.1 of the General Assembly Organization Act, and
16
filing such additional copies with the State Government Report
17
Distribution Center for the General Assembly as is required
18
under paragraph (t) of Section 7 of the State Library Act.
19

(i) The Commission shall establish rules and regulations
20
for the conduct of the work of its divisions, including rules
21
and regulations for the Legal Advocacy Service and the State
22
Guardian in evaluating an eligible person's or ward's
23
financial resources for the purpose of determining whether the
24
eligible person or ward has the ability to pay for legal or
25
guardianship services received. The determination of the
26
eligible person's financial ability to pay for legal services

HB5269 Enrolled
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LRB104 18239 RPS 31678 b
1
shall be based upon the number of dependents in the eligible
2
person's family unit and the income, liquid assets and
3
necessary expenses, as prescribed by rule of the Commission
4
of: (1) the eligible person; (2) the eligible person's spouse;
5
and (3) the parents of minor eligible persons. The
6
determination of a ward's ability to pay for guardianship
7
services shall be based upon the ward's estate. An eligible
8
person or ward found to have sufficient financial resources
9
shall be required to pay the Commission in accordance with
10
standards established by the Commission. No fees may be
11
charged for legal services given unless the eligible person is
12
given notice at the start of such services that such fees might
13
be charged. No fees may be charged for guardianship services
14
given unless the ward is given notice of the request for fees
15
filed with the probate court and the court approves the amount
16
of fees to be assessed. All fees collected shall be deposited
17
with the State Treasurer and placed in the Guardianship and
18
Advocacy Fund. The Commission shall establish rules and
19
regulations regarding the procedures of appeal for clients
20
prior to termination or suspension of legal services. Such
21
rules and regulations shall include, but not be limited to,
22
client notification procedures prior to the actual
23
termination, the scope of issues subject to appeal, and
24
procedures specifying when a final administrative decision is
25
made.
26

(j) The Commission shall take such actions as it deems

HB5269 Enrolled
- 7 -
LRB104 18239 RPS 31678 b
1
necessary and appropriate to receive private, federal and
2
other public funds to help support the divisions and to
3
safeguard the rights of eligible persons. Private funds and
4
property may be accepted, held, maintained, administered and
5
disposed of by the Commission, as trustee, for such purposes
6
for the benefit of the People of the State of Illinois pursuant
7
to the terms of the instrument granting the funds or property
8
to the Commission.
9

(k) The Commission may expend funds under the State's plan
10
to protect and advocate the rights of persons with a
11
developmental disability established under the federal
12
Developmental Disabilities
Assistance and Bill of Rights Act
13
of 2000

Services and Facilities Construction Act (Public Law
14
94-103, Title II)
. If the Governor designates the Commission
15
to be the organization or agency to provide the services
16
called for in the State plan, the Commission shall make these
17
protection and advocacy services available to persons with a
18
developmental disability by referral or by contracting for
19
these services to the extent practicable. If the Commission is
20
unable to so make available such protection and advocacy
21
services, it shall provide them through persons in its own
22
employ.
23

(l) The Commission shall, to the extent funds are
24
available, monitor issues concerning the rights of eligible
25
persons and the care and treatment provided to those persons,
26
including but not limited to the incidence of abuse or neglect

HB5269 Enrolled
- 8 -
LRB104 18239 RPS 31678 b
1
of eligible persons. For purposes of that monitoring the
2
Commission shall have access to reports of suspected abuse or
3
neglect and information regarding the disposition of such
4
reports, subject to the provisions of the Mental Health and
5
Developmental Disabilities Confidentiality Act.
6
(Source: P.A. 100-1148, eff. 12-10-18.)

7

(20 ILCS 3955/26)

(from Ch. 91 1/2, par. 726)
8

Sec. 26.
Subject to the provisions of Section 19, a
9
regional authority may make public its findings and
10
recommendations. It shall include in any such public statement
11
any reply made by the State agency, service provider, or other
12
person investigated
, if requested by the provider
. The
13
provider or person shall have opportunity to review and object
14
to any proposed public findings and recommendations. If the
15
provider requests, the objections shall be included with
16
public findings and recommendations issued by the regional
17
authority in this matter.
18
(Source: P.A. 80-1416.)

19

Section 10.
The Mental Health and Developmental
20
Disabilities Code is amended by changing Sections 1-110,
21
1-129, and 3-805 and by adding Section 1-128.5 as follows:

22

(405 ILCS 5/1-110)

(from Ch. 91 1/2, par. 1-110)
23

Sec. 1-110.
"Guardian" means the
court-appointed

court

HB5269 Enrolled
- 9 -
LRB104 18239 RPS 31678 b
1
appointed
guardian
or conservator
of the person.
2
(Source: P.A. 80-1414.)

3

(405 ILCS 5/1-128.5 new)
4

Sec. 1-128.5.
Under guardianship.
"Under guardianship", in
5
reference to a person or recipient, means an individual for
6
whom a guardian has been appointed.

7

(405 ILCS 5/1-129)
8

Sec. 1-129.
Mental illness.
"Mental illness" means a
9
mental, or emotional disorder that substantially impairs a
10
person's thought, perception of reality, emotional process,
11
judgment, behavior, or ability to cope with the ordinary
12
demands of life, but does not include a developmental
13
disability,
a neurocognitive disorder

dementia or Alzheimer's
14
disease
absent psychosis, a substance use disorder, or an
15
abnormality manifested only by repeated criminal or otherwise
16
antisocial conduct.
17
(Source: P.A. 100-759, eff. 1-1-19
.)

18

(405 ILCS 5/3-805)

(from Ch. 91 1/2, par. 3-805)
19

Sec. 3-805.
Every respondent alleged to be subject to
20
involuntary admission on an inpatient or outpatient basis
21
shall be represented by counsel. If the respondent is indigent
22
or an appearance has not been entered on his behalf at the time
23
the matter is set for hearing, the court shall appoint counsel

HB5269 Enrolled
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LRB104 18239 RPS 31678 b
1
for him. A hearing shall not proceed when a respondent is not
2
represented by counsel unless, after conferring with counsel,
3
the respondent requests to represent himself and the court is
4
satisfied that the respondent has the capacity to make an
5
informed waiver of his right to counsel. Counsel shall be
6
allowed time for adequate preparation and shall not be
7
prevented from conferring with the respondent at reasonable
8
times nor from making an investigation of the matters in issue
9
and presenting such relevant evidence as he believes is
10
necessary.
11

1. If the court determines that the respondent is unable
12
to obtain counsel, the court shall appoint as counsel an
13
attorney employed by or under contract with the Guardianship
14
and
Mental Health
Advocacy Commission, if available.
15

2. If an attorney from the Guardianship and
Mental Health

16
Advocacy Commission is not available, the court shall appoint
17
as counsel the public defender or, only if no public defender
18
is available, an attorney licensed to practice law in this
19
State.
20

3. Upon filing with the court of a verified statement of
21
legal services rendered by the private attorney appointed
22
pursuant to paragraph (2) of this Section, the court shall
23
determine a reasonable fee for such services. If the
24
respondent is unable to pay the fee, the court shall enter an
25
order upon the county to pay the entire fee or such amount as
26
the respondent is unable to pay.

HB5269 Enrolled
- 11 -
LRB104 18239 RPS 31678 b
1
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)

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