Illinois Compiled Statutes 20 ILCS 2407 Disabilities Services Act of 2003. Section 20

    (20 ILCS 2407/20)

    Sec. 20. Implementation.

    (a) The Governor shall appoint an advisory committee to assist in the development and implementation of a Disabilities Services Implementation Plan that will ensure compliance by the State of Illinois with the Americans with Disabilities Act and the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The advisory committee shall be known as the Illinois Disabilities Services Advisory Committee and shall be composed of no more than 33 members, including: persons who have a physical disability, a developmental disability, or a mental illness; senior citizens; advocates for persons with physical disabilities; advocates for persons with developmental disabilities; advocates for persons with mental illness; advocates for senior citizens; representatives of providers of services to persons with physical disabilities, developmental disabilities, and mental illness; representatives of providers of services to senior citizens; and representatives of organized labor.

    In addition, the following State officials shall serve on the committee as ex-officio non-voting members: the Secretary of Human Services or his or her designee; the State Superintendent of Education or his or her designee; the Director of Aging or his or her designee; the Executive Director of the Illinois Housing Development Authority or his or her designee; the Director of Public Aid (now Director of Healthcare and Family Services) or his or her designee; and the Director of Employment Security or his or her designee.

    The advisory committee shall select officers, including a chair and a vice-chair.

    The advisory committee shall meet at least quarterly and shall keep official meeting minutes. Committee members shall not be compensated but shall be paid for their expenses related to attendance at meetings.

    (b) The implementation plan must include, but need not be limited to, the following:

        (1) Establishing procedures for completing

    comprehensive evaluations, including provisions for Department review and approval of need determinations. The Department may utilize independent evaluators and targeted or sample reviews during this review and approval process, as it deems appropriate.

        (2) Establishing procedures for the development of an

    individual service or treatment plan for each person with a disability, including provisions for Department review and authorization.

        (3) Identifying core services to be provided by

    agencies of the State of Illinois or other agencies.

        (4) Establishing minimum standards for individualized

    services.

        (5) Establishing minimum standards for residential

    services in the least restrictive environment.

        (6) Establishing minimum standards for vocational

    services.

        (7) Establishing due process hearing procedures.

        (8) Establishing minimum standards for family support

    services.

        (9) Securing financial resources necessary to fulfill

    the purposes and requirements of this Act, including but not limited to obtaining approval and implementing waivers or demonstrations authorized under federal law.

    (c) The Governor, with the assistance of the Illinois Disabilities Services Advisory Committee and the Secretary of Human Services, is responsible for the completion of the implementation plan. The Governor must submit a report to the General Assembly by November 1, 2004, which must include the following:

        (1) The implementation plan.

        (2) A description of current and planned programs and

    services necessary to meet the requirements of the individual service or treatment plans required by this Act, together with the actions to be taken by the State of Illinois to ensure that those plans will be implemented. This description shall include a report of related program and service improvements or expansions implemented by the Department since the effective date of this Act.

        (3) The estimated costs of current and planned

    programs and services to be provided under the implementation plan.

        (4) A report on the number of persons with

    disabilities who may be eligible to receive services under this Act, together with a report on the number of persons who are currently receiving those services.

        (5) Any proposed changes in State policies, laws, or

    regulations necessary to fulfill the purposes and requirements of this Act.

    (d) The Governor, with the assistance of the Secretary of Human Services, shall annually update the implementation plan and report changes to the General Assembly by July 1 of each year. Initial implementation of the plan is required by July 1, 2005. The requirement of annual updates and reports expires in 2008, unless otherwise extended by the General Assembly.

(Source: P.A. 95-331, eff. 8-21-07.)

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Last modified: February 18, 2015