(210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
Sec. 3.
As used in this Act, unless the context requires otherwise:
(a) "Applicant" means a person, group of persons, association, partnership
or corporation that applies for a license as a community mental health or
developmental services agency under this Act.
(b) "Community mental health or developmental services agency" or "agency"
means a public or private agency, association, partnership, corporation or
organization which, pursuant to this Act, certifies community‑integrated living
arrangements for persons with mental illness or persons with a developmental
disability.
(c) "Department" means the Department of Human Services (as successor to
the Department of Mental Health and Developmental Disabilities).
(d) "Community‑integrated living arrangement" means a living arrangement
certified by a community mental health or developmental services agency
under this Act where 8 or fewer recipients with mental illness or recipients
with a developmental disability who reside under the supervision of the agency.
Examples of community integrated living arrangements include but are not
limited to the following:
(1) "Adult foster care", a living arrangement for |
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recipients in residences of families unrelated to them, for the purpose of providing family care for the recipients on a full‑time basis;
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(2) "Assisted residential care", an independent
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living arrangement where recipients are intermittently supervised by off‑site staff;
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(3) "Crisis residential care", a non‑medical living
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arrangement where recipients in need of non‑medical, crisis services are supervised by on‑site staff 24 hours a day;
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(4) "Home individual programs", living arrangements
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for 2 unrelated adults outside the family home;
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(5) "Supported residential care", a living
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arrangement where recipients are supervised by on‑site staff and such supervision is provided less than 24 hours a day;
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(6) "Community residential alternatives", as defined
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in the Community Residential Alternatives Licensing Act; and
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(7) "Special needs trust‑supported residential
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care", a living arrangement where recipients are supervised by on‑site staff and that supervision is provided 24 hours per day or less, as dictated by the needs of the recipients, and determined by service providers. As used in this item (7), "special needs trust" means a trust for the benefit of a disabled beneficiary as described in Section 15.1 of the Trusts and Trustees Act.
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(e) "Recipient" means a person who has received, is receiving, or is in need
of treatment or habilitation as those terms are defined in the Mental Health
and Developmental Disabilities Code.
(f) "Unrelated" means that persons residing together in programs or
placements certified by a community mental health or developmental services
agency under this Act do not have any of the following relationships by blood,
marriage or adoption: parent, son, daughter, brother, sister, grandparent,
uncle, aunt, nephew, niece, great grandparent, great uncle, great aunt,
stepbrother, stepsister, stepson, stepdaughter, stepparent or first cousin.
(Source: P.A. 93‑274, eff. 1‑1‑04.)
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(210 ILCS 135/4) (from Ch. 91 1/2, par. 1704)
Sec. 4.
(a) Any community mental health or developmental services agency who
wishes to develop and support a variety of community‑integrated living
arrangements may do so pursuant to a license issued by the Department under this Act.
However, programs established under or otherwise subject to the Child
Care Act of 1969 or the Nursing Home Care Act, as now or
hereafter amended, shall remain
subject thereto, and this Act shall not be construed to limit the
application of those Acts.
(b) The system of licensure established under this Act shall be for the purposes of:
(1) Insuring that all recipients residing in community‑integrated living
arrangements are receiving appropriate community‑based services, including
treatment, training and habilitation or rehabilitation;
(2) Insuring that recipients' rights are protected and that all programs
provided to and placements arranged for
recipients comply with this Act, the Mental Health and Developmental
Disabilities Code, and applicable Department rules and regulations;
(3) Maintaining the integrity of communities by requiring regular
monitoring and inspection of placements and other services provided in
community‑integrated living arrangements.
The licensure system shall be administered by a quality assurance unit
within the Department which shall be administratively independent of units
responsible for funding of agencies or community services.
(c) As a condition of being licensed by the Department as a community
mental health or developmental services agency under this Act, the agency
shall certify to the Department that:
(1) All recipients residing in community‑integrated living arrangements
are receiving appropriate community‑based services, including treatment,
training and habilitation or rehabilitation;
(2) All programs provided to and placements arranged for recipients are
supervised by the agency; and
(3) All programs provided to and placements arranged for recipients
comply with this Act, the Mental Health and Developmental Disabilities
Code, and applicable Department rules and regulations.
(d) An applicant for licensure as a community mental health or
developmental services agency under this Act shall submit an application
pursuant to the application process established by the Department by rule
and shall pay an application fee in an amount established by the
Department, which amount shall not be more than $200.
(e) If an applicant meets the requirements established by the Department
to be licensed as a community mental health or developmental services
agency under this Act, after payment of the licensing fee, the Department
shall issue a license valid for 3 years from the date thereof unless
suspended or revoked by the Department or voluntarily surrendered by the agency.
(f) Upon application to the Department, the Department may issue a
temporary permit to an applicant for a 6‑month period to allow the holder
of such permit reasonable time to become eligible for a license under this Act.
(g)(1) The Department may conduct site visits to an agency licensed under this
Act, or to any program or placement certified by the agency, and inspect
the records or premises, or both, of such agency, program or placement as
it deems appropriate, for the
purpose of determining compliance with this Act, the Mental Health and
Developmental Disabilities Code, and applicable Department rules and regulations.
(2) If the Department determines that an agency licensed under this Act
is not in compliance with this Act or the rules and regulations promulgated
under this Act, the Department shall serve a notice of violation
upon the licensee. Each notice of violation shall be prepared in writing
and shall specify the nature of the violation, the statutory provision or
rule alleged to have been violated, and that the licensee
submit a plan of correction to the Department if required. The notice shall also
inform the licensee of any other action which the Department might take
pursuant to this Act and of the right to a hearing.
(h) Upon the expiration of any license issued under this Act, a license
renewal application shall be required of and a license renewal fee in an
amount established by the Department shall be
charged to a community mental health or
developmental services agency, provided that such fee shall not be more than $200.
(Source: P.A. 86‑820.)
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(210 ILCS 135/6) (from Ch. 91 1/2, par. 1706)
Sec. 6. (a) The Department shall deny an application for a license,
or revoke or refuse to renew the license of a community mental health or
developmental services agency, or refuse to issue a license to the holder
of a temporary permit, if the Department determines that the applicant,
agency or permit holder has not complied with a provision of this Act, the
Mental Health and Developmental Disabilities Code, or applicable Department
rules and regulations. Specific grounds for denial or revocation of a
license, or refusal to renew a license or to
issue a license to the holder of a temporary permit, shall include but not be limited to:
(1) Submission of false information either on
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Department licensure forms or during an inspection;
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(2) Refusal to allow an inspection to occur;
(3) Violation of this Act or rules and regulations
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promulgated under this Act;
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(4) Violation of the rights of a recipient;
(5) Failure to submit or implement a plan of
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correction within the specified time period; or
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(6) Failure to submit a workplace violence
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prevention plan in compliance with the Health Care Workplace Violence Prevention Act.
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(b) If the Department determines that the operation of a community mental health
or developmental services agency or one or more of the programs or
placements certified by the agency under this Act jeopardizes the health,
safety or welfare of the recipients served by the agency, the Department
may immediately revoke the agency's license and may direct the agency to
withdraw recipients from any such program or placement.
(Source: P.A. 94‑347, eff. 7‑28‑05.)
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(210 ILCS 135/8) (from Ch. 91 1/2, par. 1708)
Sec. 8.
(a) Any community mental health or developmental services agency
that continues to operate after its license is revoked under this Act, or
after its license expires and the Department refuses to renew the license,
is guilty of a business offense and shall be fined an amount in excess of
$500 but not exceeding $2,000, and each day of violation is a separate
offense. All fines shall be paid to the Mental Health Fund.
(b) Whenever the Department is advised or has reason to believe that any
person, group of persons, association, partnership or corporation is
operating an agency without a license or permit in violation of this Act,
the Department may investigate to ascertain the facts, may notify the
person or other entity that he is in violation of this Act, and may make
referrals to appropriate investigatory or law enforcement agencies. Any person,
group of persons, association, partnership or corporation who continues to
operate a community mental health or developmental services agency as
defined in subsection (b) of Section 3 of this Act without a
license or temporary permit issued by the Department, after receiving notice
from the Department that such operation is in violation of this Act,
shall
be guilty of a business offense and shall be fined an amount in excess of
$500 but not exceeding $2,000, and each day of operation after receiving
such notice is a separate offense. All fines shall be paid to the Mental
Health Fund.
(Source: P.A. 85‑1250.)
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