2023 Illinois Compiled Statutes › Chapter 60 - TOWNSHIPS › 60 ILCS 1/ - Township Code. › Article 185 - Facilities And Services For Persons With Developmental Disabilities

(60 ILCS 1/Art. 185 heading)
ARTICLE 185.  FACILITIES AND SERVICES
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.)
(60 ILCS 1/185-5)
Sec. 185-5. 
		Facilities and services; tax.
(a) A township may provide facilities or services for the benefit of its
residents who are persons with a developmental disability
and
who are not eligible to participate in any program conducted under Article 14
of the School Code, or a township may contract for those facilities or services
with any privately or publicly operated entity that provides facilities or
services either in or outside the township.
(b) For the purpose described in subsection (a), the township board may,
pursuant to the referendum requirements in Section 185-10, levy an annual tax
of not more than 0.1% of the value of all the taxable property in the township,
as equalized or assessed by the Department of Revenue, upon that property.  The
tax shall be levied and collected in the same manner as other township taxes
but shall not be included in any limitation otherwise prescribed as to the rate
or amount of township taxes and shall be in addition to and in excess of other
township taxes.  When collected, the tax shall be paid into a special fund in
the township treasury, designated the "Fund for Persons with a Developmental
Disability", and shall, together with any interest earned,
be
used only for the purpose specified in this Article.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-10)
Sec. 185-10. 
		Referendum.
(a) Before a tax may be levied under Section 185-5, the township board shall
certify that question to the proper election officials, who shall submit the
proposition at an election under the general election law. The proposition
shall be in substantially the following form:
Shall (name of township) be authorized to levy an     annual tax of not more than 0.1% of the value of all the taxable property in the township for the purpose of providing services and facilities to residents who are persons with a developmental disability?
		The votes shall be recorded as "Yes" or "No".
(b) If a majority of the voters voting on the proposition vote in favor of
it, the tax levy is authorized. If a majority of the vote is against the
proposition, the tax levy is not authorized.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-15)
Sec. 185-15. 
		Board of directors to administer Article. 
		When a township has
authority to levy a tax for the purpose of this Article, the township
supervisor, with the advice and consent of the township board, shall appoint a
board of 3 directors who shall administer this Article.  The board shall be
designated the "(name of township) Board for Care and Treatment of Persons with
a Developmental Disability".  The initial appointees
shall be
appointed for terms expiring, respectively, on June 30 in the first, second,
and third  years following their appointment as designated by the appointing
authority.  All succeeding terms shall be for 3 years, and successors shall be
appointed in the same manner as the initial appointees.  Vacancies shall be
filled in the same manner for the balance of the unexpired term.  Each director
shall serve until his or her successor is appointed.  Directors shall serve
without compensation but shall be reimbursed for expenses reasonably incurred
in the performance of their duties.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-20)
Sec. 185-20. 
		Directors' meetings and powers.
(a) The directors shall meet annually in July and shall elect one of their
number as president and one as secretary. They shall adopt rules deemed proper
and expedient for the administration of this Article.  They shall report
annually to the township board, giving a detailed statement of their
administration.
(b) The board shall have exclusive control of all money paid into the
Fund for Persons with a Developmental Disability and
shall draw
upon the township treasurer for all or any part of that fund required by the
board in the performance of its duties and exercise of its powers under this
Article.
(c) The board may establish, maintain, and equip facilities within the
township for the care and treatment of persons with a
developmental disability, together with auxiliary facilities connected with
those facilities that the board finds necessary.  For those purposes, the board
may acquire, to be held in its name, real and personal property within the
township by gift, grant, legacy, purchase, or lease and may occupy, purchase,
lease, or erect an appropriate building or buildings for the use of the
facilities and all related facilities and activities.
(d) The board may provide for the care and treatment of persons with a
developmental disability who are not residents of the township and may
establish and collect reasonable charges for those services.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-25)
Sec. 185-25. 
		Donations. 
		The board of directors may accept any donation of
property for the purpose specified in Section 185-5 and shall pay over to the
township treasurer any money received within 30 days of its receipt.
(Source: P.A. 85-989; 88-62.)
(60 ILCS 1/185-30)
Sec. 185-30. 
		Maintenance charge. 
		The board of directors may impose a
maintenance charge upon the estate of any person with a
developmental disability receiving the benefits of the facilities or services
described in Section 185-5.  If the person's estate is insufficient, the parent
or parents of the person are liable for payment and the amount due.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-35)
Sec. 185-35. 
		Rate of maintenance charge. 
		The rate at which the board
of directors shall calculate the sums to be charged under Section 185-30 is the
average per  capita operating cost for all persons receiving the benefit of the
facilities or services computed for each fiscal year. The board may, however,
in its discretion, set the rate at a lesser amount than the average per capita
cost.  Lesser amounts may be accepted by the board when conditions warrant that
action or when money is offered by persons not liable under Section 185-30. Any
money received under this Section shall be paid into the township Fund for
Persons with a Developmental Disability.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-40)
Sec. 185-40. 
		Financial investigation. 
		The board of directors may
investigate the financial condition of each person liable under Section 185-30
and may make determinations of the ability of each person to pay the sums
representing maintenance charges. For those purposes, the board may set a
standard as a basis of judgment of ability to pay. The standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors and to make provisions for unusual and exceptional
circumstances in the application of the standard.  The board may issue to any
person liable under Section 185-30 statements of amounts due as maintenance
charges, requiring payment in a manner to be arranged, in an amount not
exceeding the average per capita operating cost determined under Section
185-35.
(Source: P.A. 85-989; 88-62.)
(60 ILCS 1/185-45)
Sec. 185-45. 
		Use of facilities and services; records confidential.
(a) The use of the facilities or services described in Section 185-5
shall not be limited or conditioned in any manner by the financial status
or ability to pay of any recipient or person responsible.
(b) Records pertaining to the payment of maintenance charges shall not be
made available for inspection, but shall be deemed confidential and used only
when required for the purpose of Section 185-40.
(Source: P.A. 85-989; 88-62.)
(60 ILCS 1/185-50)
Sec. 185-50. 
		Petition for modifying maintenance charge. 
		Any person who has
been issued a statement of any sum due for maintenance charges for a person
with a developmental disability may petition the board of
directors for a modification of the statement, and the board shall provide for
a hearing on the petition.  The board may, after a hearing, grant relief it
deems proper.
(Source: P.A. 90-210, eff. 7-25-97.)
(60 ILCS 1/185-55)
Sec. 185-55. 
		Suit to collect maintenance charge.
(a) Upon the request of the board of directors, the state's attorney of the
county in which a person who is liable for payment of maintenance charges
resides shall file suit in the circuit court to collect the amount due.  The
court may order the payment of sums due for maintenance for a period or periods
as the circumstances require.  The order may be entered against any one or more
defendants and may be based upon the proportionate ability of each defendant to
contribute to the payment of sums due.  Orders for the payment of money may be
enforced by attachment as for contempt against the persons of the defendants
and in addition as other judgments at law.  Costs may be adjudged against the
defendants and apportioned among them, but if the complaint is dismissed, the
costs shall be borne by the township.
(b) The Civil Practice Law applies to and governs all actions instituted
under this Article.
(Source: P.A. 85-989; 88-62.)
(60 ILCS 1/185-60)
Sec. 185-60. 
		Claim against estate. 
		Upon the death of a person who is liable
for maintenance charges imposed by Section 185-30 and who is possessed of
property, the executor or administrator of the person's estate shall ascertain
from the board of directors the extent of the charges.  The claim shall be
allowed and paid as other lawful claims against the estate.
(Source: P.A. 85-989; 88-62.)
(60 ILCS 1/185-65)
Sec. 185-65. 
		Department of Human Services powers.
(a) The Department of Human Services ("Department") may adopt rules for the
guidance of any board of
directors, prescribing reasonable standards concerning programs, facilities,
and services for persons with a developmental disability.
(b) The provisions of the Illinois Administrative Procedure Act are hereby
expressly adopted and apply to all administrative rules and procedures of the
Department under this Article, except that in case of conflict between the
Illinois Administrative Procedure Act and this Article the provisions of this
Article shall control, and except that Section 5-35 of the Illinois
Administrative Procedure Act relating to procedures for rulemaking does not
apply to the adoption of any rule required by federal law in connection with
which the Department is precluded by law from exercising any discretion.
(c) The Department may conduct any investigation necessary to ascertain
compliance with rules adopted under this Article.
(d) If a board of directors fails to comply with the Department's rules, the
Department shall withhold distribution of any State grant in aid until the
board complies with the rules.
(Source: P.A. 89-507, eff.
7-1-97; 90-210, eff. 7-25-97.)