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Sen. Sara Feigenholtz
Filed: 5/14/2021
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| 1 | | AMENDMENT TO HOUSE BILL 307
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| 2 | | AMENDMENT NO. ______. Amend House Bill 307 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The School Code is amended by changing Section |
| 5 | | 14-15.01 as follows:
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| 6 | | (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
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| 7 | | Sec. 14-15.01. Community and Residential Services |
| 8 | | Authority.
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| 9 | | (a) (1) The Community and Residential Services Authority |
| 10 | | is
hereby created and shall consist of the following members:
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| 11 | | A representative of the State Board of Education;
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| 12 | | Four representatives of the Department of Human Services |
| 13 | | appointed by the Secretary of Human Services,
with one member |
| 14 | | from the Division of Community Health and
Prevention, one |
| 15 | | member from the Division of Developmental Disabilities, one |
| 16 | | member
from the Division of Mental Health, and one member from |
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| 1 | | the Division of
Rehabilitation Services;
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| 2 | | A representative of the Department of Children and Family |
| 3 | | Services;
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| 4 | | A representative of the Department of Juvenile Justice;
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| 5 | | A representative of the Department of Healthcare and |
| 6 | | Family Services;
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| 7 | | A representative of the Attorney General's Disability |
| 8 | | Rights Advocacy
Division;
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| 9 | | The Chairperson and Minority Spokesperson of the House and |
| 10 | | Senate
Committees on Elementary and Secondary Education or |
| 11 | | their designees; and
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| 12 | | Six persons appointed by the Governor. Five of such
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| 13 | | appointees shall be experienced or knowledgeable relative to
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| 14 | | provision of services for individuals with a behavior
disorder
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| 15 | | or a severe emotional disturbance
and shall include |
| 16 | | representatives of
both the private and public sectors, except |
| 17 | | that no more than 2 of those 5
appointees may be from the |
| 18 | | public sector and at least 2 must be or have been
directly |
| 19 | | involved in provision of services to such individuals. The |
| 20 | | remaining
member appointed by the Governor shall be or shall |
| 21 | | have been a parent of an
individual with a
behavior disorder or |
| 22 | | a severe emotional disturbance, and
that appointee may be from |
| 23 | | either the private or the public sector.
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| 24 | | (2) Members appointed by the Governor shall be appointed |
| 25 | | for terms
of 4 years and shall continue to serve until their |
| 26 | | respective successors are
appointed; provided that the terms |
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| 1 | | of the original
appointees shall expire on August 1, 1990. Any |
| 2 | | vacancy in the office of a
member appointed by the Governor |
| 3 | | shall be filled by appointment of the
Governor for the |
| 4 | | remainder of the term.
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| 5 | | A vacancy in the office of a member appointed by the |
| 6 | | Governor exists when
one or more of the following events |
| 7 | | occur:
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| 8 | | (i) An appointee dies;
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| 9 | | (ii) An appointee files a written resignation with the |
| 10 | | Governor;
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| 11 | | (iii) An appointee ceases to be a legal resident of |
| 12 | | the State of Illinois;
or
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| 13 | | (iv) An appointee fails to attend a majority of |
| 14 | | regularly scheduled
Authority meetings in a fiscal year.
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| 15 | | Members who are representatives of an agency shall serve |
| 16 | | at the will
of the agency head. Membership on the Authority |
| 17 | | shall cease immediately
upon cessation of their affiliation |
| 18 | | with the agency. If such a vacancy
occurs, the appropriate |
| 19 | | agency head shall appoint another person to represent
the |
| 20 | | agency.
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| 21 | | If a legislative member of the Authority ceases to be |
| 22 | | Chairperson or
Minority Spokesperson of the designated |
| 23 | | Committees, they shall
automatically be replaced on the |
| 24 | | Authority by the person who assumes the
position of |
| 25 | | Chairperson or Minority Spokesperson.
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| 26 | | (b) The Community and Residential Services Authority shall |
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| 1 | | have the
following powers and duties:
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| 2 | | (1) To conduct surveys to determine the extent of |
| 3 | | need, the degree to
which documented need is currently |
| 4 | | being met and feasible alternatives for
matching need with |
| 5 | | resources.
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| 6 | | (2) To develop policy statements for interagency |
| 7 | | cooperation to cover
all aspects of service delivery, |
| 8 | | including laws, regulations and
procedures, and clear |
| 9 | | guidelines for determining responsibility at all times.
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| 10 | | (3) To recommend policy statements
and provide |
| 11 | | information regarding effective programs for delivery of
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| 12 | | services to all individuals under 22 years of age with a |
| 13 | | behavior disorder
or a severe emotional disturbance in |
| 14 | | public or private situations.
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| 15 | | (4) To review the criteria for service eligibility, |
| 16 | | provision and
availability established by the governmental |
| 17 | | agencies represented on this
Authority, and to recommend |
| 18 | | changes, additions or deletions to such criteria.
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| 19 | | (5) To develop and submit to the Governor, the General |
| 20 | | Assembly, the
Directors of the agencies represented on the |
| 21 | | Authority, and the
State Board of Education a master plan |
| 22 | | for individuals under 22 years of
age with a
behavior |
| 23 | | disorder or a severe emotional disturbance,
including
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| 24 | | detailed plans of service ranging from the least to the |
| 25 | | most
restrictive options; and to assist local communities, |
| 26 | | upon request, in
developing
or strengthening collaborative |
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| 1 | | interagency networks.
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| 2 | | (6) To develop a process for making determinations in |
| 3 | | situations where
there is a dispute relative to a plan of |
| 4 | | service for
individuals or funding for a plan of service.
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| 5 | | (7) To provide technical assistance to parents, |
| 6 | | service consumers,
providers, and member agency personnel |
| 7 | | regarding statutory responsibilities
of human service and |
| 8 | | educational agencies, and to provide such assistance
as |
| 9 | | deemed necessary to appropriately access needed services.
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| 10 | | (8) To establish a pilot program to act as a |
| 11 | | residential research hub to research and identify |
| 12 | | appropriate residential settings for youth who are being |
| 13 | | housed in an emergency room for more than 72 hours or who |
| 14 | | are deemed beyond medical necessity in a psychiatric |
| 15 | | hospital. If a child is deemed beyond medical necessity in |
| 16 | | a psychiatric hospital and is in need of residential |
| 17 | | placement, the program shall require that any State |
| 18 | | agencies involved report to the Authority. |
| 19 | | (c) (1) The members of the Authority shall receive no |
| 20 | | compensation for
their services but shall be entitled to |
| 21 | | reimbursement of reasonable
expenses incurred while performing |
| 22 | | their duties.
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| 23 | | (2) The Authority may appoint special study groups to |
| 24 | | operate under
the direction of the Authority and persons |
| 25 | | appointed to such groups shall
receive only reimbursement of |
| 26 | | reasonable expenses incurred in the
performance of their |
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| 1 | | duties.
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| 2 | | (3) The Authority shall elect from its membership a |
| 3 | | chairperson,
vice-chairperson and secretary.
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| 4 | | (4) The Authority may employ and fix the compensation of
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| 5 | | such employees and technical assistants as it deems necessary |
| 6 | | to carry out
its powers and duties under this Act. Staff |
| 7 | | assistance for the Authority
shall be provided by the State |
| 8 | | Board of Education.
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| 9 | | (5) Funds for the ordinary and contingent expenses of the |
| 10 | | Authority
shall be appropriated to the State Board of |
| 11 | | Education in a separate line item.
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| 12 | | (d) (1) The Authority shall have power to promulgate rules |
| 13 | | and
regulations to carry out its powers and duties under this |
| 14 | | Act.
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| 15 | | (2) The Authority may accept monetary gifts or grants from |
| 16 | | the federal
government or any agency thereof, from any |
| 17 | | charitable foundation or
professional association or from any |
| 18 | | other reputable source for
implementation of any program |
| 19 | | necessary or desirable to the carrying out of
the general |
| 20 | | purposes of the Authority. Such gifts and grants may be
held in |
| 21 | | trust by the Authority and expended in the exercise of its |
| 22 | | powers
and performance of its duties as prescribed by law.
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| 23 | | (3) The Authority shall submit an annual report of its |
| 24 | | activities and
expenditures to the Governor, the General |
| 25 | | Assembly, the
directors of agencies represented on the |
| 26 | | Authority, and the State
Superintendent of Education.
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| 1 | | (e) The Authority shall be added as an equal participant |
| 2 | | on the Interagency Clinical Team established in the |
| 3 | | intergovernmental agreement among the Department of Healthcare |
| 4 | | and Family Services, the Department of Children and Family |
| 5 | | Services, the Department of Human Services, the State Board of |
| 6 | | Education, the Department of Juvenile Justice, and the |
| 7 | | Department of Public Health, with consent of the youth or the |
| 8 | | youth's guardian or family pursuant to the Custody |
| 9 | | Relinquishment Prevention Act. |
| 10 | | (Source: P.A. 95-331, eff. 8-21-07; 95-793, eff. 1-1-09.)".
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