405 ILCS 80/2-3 — Illinois Code / Chapter 405 / Act 80 / Section 2-3
Section 2-3
Status: in_force

(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3) Sec. 2-3. As used in this Article, unless the context requires otherwise: (a) "Agency" means an agency or entity licensed by the Department pursuant to this Article or pursuant to the Community Residential Alternatives Licensing Act. (b) "Department" means the Department of Human Services, as successor to the Department of Mental Health and Developmental Disabilities. (c) "Home-based services" means services provided to an adult with a mental disability who lives in his or her own home. These services include but are not limited to: (1) home health services; (2) case management; (3) crisis management; (4) training and assistance in self-care; (5) personal care services; (6) habilitation and rehabilitation services; (7) employment-related services; (8) respite care; and (9) other skill training that enables a person to become self-supporting. (d) "Legal guardian" means a person appointed by a court of competent jurisdiction to exercise certain powers on behalf of an adult with a mental disability. (e) "Adult with a mental disability" means a person over the age of 18 years who lives in his or her own home; who needs home-based services, but does not require 24-hour-a-day supervision; and who has one of the following conditions: severe autism, severe mental illness, a severe or profound intellectual disability, or severe and multiple impairments. (f) In one's "own home" means that an adult with a mental disability lives alone; or that an adult with a mental disability is in full-time residence with his or her parents, legal guardian, or other relatives; or that an adult with a mental disability is in full-time residence in a setting not subject to licensure under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, the MC/DD Act, or the Child Care Act of 1969, as now or hereafter amended, with 3 or fewer other adults unrelated to the adult with a mental disability who do not provide home-based services to the adult with a mental disability. (g) "Parent" means the biological or adoptive parent of an adult with a mental disability, or a person licensed as a foster parent under the laws of this State who acts as a foster parent to an adult with a mental disability. (h) "Relative" means 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. (i) "Severe autism" means a lifelong developmental disability which is typically manifested before 30 months of age and is characterized by severe disturbances in reciprocal social interactions; verbal and nonverbal communication and imaginative activity; and repertoire of activities and interests. A person shall be determined severely autistic, for purposes of this Article, if both of the following are present: (1) Diagnosis consistent with the criteria for autistic disorder in the current edition