405 ILCS 80/2-3
2021 Illinois Compiled Statutes|Chapter 405 - MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES|405 ILCS 80/ - Developmental Disability and Mental Disability Services Act.|Article II

 (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 of the Diagnostic and Statistical Manual of Mental Disorders.(2) Severe disturbances in reciprocal social     interactions; verbal and nonverbal communication and imaginative activity; repertoire of activities and interests.  A determination of severe autism shall be based upon a comprehensive, documented assessment with an evaluation by a licensed clinical psychologist or psychiatrist.  A determination of severe autism shall not be based solely on behaviors relating to environmental, cultural or economic differences.(j) "Severe mental illness" means the manifestation of all of the  following characteristics:(1) A primary diagnosis of one of the major mental     disorders in the current edition of the Diagnostic and Statistical Manual of Mental Disorders listed below:(A) Schizophrenia disorder.(B) Delusional disorder.(C) Schizo-affective disorder.(D) Bipolar affective disorder.(E) Atypical psychosis.(F) Major depression, recurrent.(2) The individual's mental illness must     substantially impair his or her functioning in at least 2 of the following areas:(A) Self-maintenance.(B) Social functioning.(C) Activities of community living.(D) Work skills.(3) Disability must be present or expected to be     present for at least one year.A determination of severe mental illness shall be based upon a  comprehensive, documented assessment with an evaluation by a licensed  clinical psychologist or psychiatrist, and shall not be based solely on  behaviors relating to environmental, cultural or economic differences.(k) "Severe or profound intellectual disability" means a manifestation of all  of the following characteristics:(1) A diagnosis which meets Classification in Mental     Retardation or criteria in the current edition of the Diagnostic and Statistical Manual of Mental Disorders for severe or profound mental retardation (an IQ of 40 or below).  This must be measured by a standardized instrument for general intellectual functioning.(2) A severe or profound level of disturbed adaptive     behavior.  This must be measured by a standardized adaptive behavior scale or informal appraisal by the professional in keeping with illustrations in Classification in Mental Retardation, 1983.(3) Disability diagnosed before age of 18.A determination of a severe or profound intellectual disability shall be based  upon a comprehensive, documented assessment with an evaluation by a  licensed clinical psychologist or certified school psychologist or a  psychiatrist, and shall not be based solely on behaviors relating to  environmental, cultural or economic differences.(l) "Severe and multiple impairments" means the manifestation of all of  the following characteristics:(1) The evaluation determines the presence of a     developmental disability which is expected to continue indefinitely, constitutes a substantial disability and is attributable to any of the following:(A) Intellectual disability, which is defined as         general intellectual functioning that is 2 or more standard deviations below the mean concurrent with impairment of adaptive behavior which is 2 or more standard deviations below the mean.  Assessment of the individual's intellectual functioning must be measured by a standardized instrument for general intellectual functioning.(B) Cerebral palsy.(C) Epilepsy.(D) Autism.(E) Any other condition which results in         impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities.(2) The evaluation determines multiple disabilities     in physical, sensory, behavioral or cognitive functioning which constitute a severe or profound impairment attributable to one or more of the following:(A) Physical functioning, which severely impairs         the individual's motor performance that may be due to:(i) Neurological, psychological or physical             involvement resulting in a variety of disabling conditions such as hemiplegia, quadriplegia or ataxia,(ii) Severe organ systems involvement such as             congenital heart defect,(iii) Physical abnormalities resulting in the             individual being non-mobile and non-ambulatory or confined to bed and receiving assistance in transferring, or(iv) The need for regular medical or nursing             supervision such as gastrostomy care and feeding.Assessment of physical functioning must be based         on clinical medical assessment by a physician licensed to practice medicine in all its branches, using the appropriate instruments, techniques and standards of measurement required by the professional.(B) Sensory, which involves severe restriction         due to hearing or visual impairment limiting the individual's movement and creating dependence in completing most daily activities. Hearing impairment is defined as a loss of 70 decibels aided or speech discrimination of less than 50% aided. Visual impairment is defined as 20/200 corrected in the better eye or a visual field of 20 degrees or less. Sensory functioning must be based on clinical medical assessment by a physician licensed to practice medicine in all its branches using the appropriate instruments, techniques and standards of measurement required by the professional.(C) Behavioral, which involves behavior that is         maladaptive and presents a danger to self or others, is destructive to property by deliberately breaking, destroying or defacing objects, is disruptive by fighting, or has other socially offensive behaviors in sufficient frequency or severity to seriously limit social integration.  Assessment of behavioral functioning may be measured by a standardized scale or informal appraisal by a clinical psychologist or psychiatrist.(D) Cognitive, which involves intellectual         functioning at a measured IQ of 70 or below.  Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.(3) The evaluation determines that development is     substantially less than expected for the age in cognitive, affective or psychomotor behavior as follows:(A) Cognitive, which involves intellectual         functioning at a measured IQ of 70 or below.  Assessment of cognitive functioning must be measured by a standardized instrument for general intelligence.(B) Affective behavior, which involves over and         under responding to stimuli in the environment and may be observed in mood, attention to awareness, or in behaviors such as euphoria, anger or sadness that seriously limit integration into society.  Affective behavior must be based on clinical assessment using the appropriate instruments, techniques and standards of measurement required by the professional.(C) Psychomotor, which includes a severe         developmental delay in fine or gross motor skills so that development in self-care, social interaction, communication or physical activity  will be greatly delayed or restricted.(4) A determination that the disability originated     before the age of 18 years.A determination of severe and multiple impairments shall be based upon a  comprehensive, documented assessment with an evaluation by a licensed  clinical psychologist or psychiatrist.If the examiner is a licensed clinical psychologist, ancillary evaluation  of physical impairment, cerebral palsy or epilepsy must be made by a  physician licensed to practice medicine in all its branches.Regardless of the discipline of the examiner, ancillary evaluation of  visual impairment must be made by an ophthalmologist or a licensed optometrist.Regardless of the discipline of the examiner, ancillary evaluation of  hearing impairment must be made by an otolaryngologist or an audiologist  with a certificate of clinical competency.The only exception to the above is in the case of a person with cerebral  palsy or epilepsy who, according to the eligibility criteria listed below,  has multiple impairments which are only physical and sensory.  In such a  case, a physician licensed to practice medicine in all its branches may  serve as the examiner.(m) "Twenty-four-hour-a-day supervision" means 24-hour-a-day care by a  trained mental health or developmental disability professional on an ongoing  basis.  (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)