2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 4010/ - Illinois Council on Developmental Disabilities Law.

(20 ILCS 4010/2001) (from Ch. 91 1/2, par. 1951)
Sec. 2001. 
		Short title. 
		This Article may be cited as the Illinois Council on Developmental Disabilities Law.
(Source: P.A. 91-798, eff. 7-9-00.)
(20 ILCS 4010/2002) (from Ch. 91 1/2, par. 1952)
Sec. 2002. 
		Definitions. 
		As used in this Article, unless the
context requires otherwise:
(a) "Council" means the Illinois Council on Developmental
Disabilities.
(b) "Chairperson" means the chairperson of the Illinois Council
on Developmental Disabilities.
(c) "Director" means the director of the Illinois Council on
Developmental Disabilities.
(d) "Developmental disability" means, in general, a severe chronic
disability of
an individual that:
(1) is attributable to a mental or physical     impairment or combination of mental and physical impairments;
(2) is manifested before the person attains age 22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in     3 or more of the following areas of major life activity: self care, receptive and expressive language, learning, mobility, self direction, capacity for independent living, and economic sufficiency; and
(5) reflects the person's need for a combination and     sequence of special interdisciplinary or generic services care, individualized supports, or other forms of assistance that are of life long or extended duration and are individually planned and coordinated.
When applied to infants and
young children, an individual may be considered to have a "developmental
disability" if the individual from birth to
age 9, inclusive, has (i) a substantial
developmental delay or specific congenital or acquired conditions and (ii)
does not meet 3 or more of the criteria described in paragraphs (1) through (5)
but who, without services and support, has a high probability of meeting those
criteria later in life.
(Source: P.A. 91-798, eff. 7-9-00.)
(20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
Sec. 2003. Council. The Illinois Council on
Developmental Disabilities is hereby created as an executive agency of
State government.
The Council shall be composed of 29 members,
governed by a chairperson, and headed by a director.
The functions of the council
shall be as prescribed in Chapter 75 of Title 42 of the United States Code
(42 U.S.C. 6000, et seq.), as now or hereafter amended, and in Section 2006
of this Article.
The Council shall receive and disburse funds authorized under Chapter 75
of Title 42 of the United States Code (42 U.S.C. 6000, et seq.), as now or
hereafter amended. The Council may also receive funds from any source, public or private, to be used for the purposes authorized by this Act or otherwise authorized by law.
(Source: P.A. 102-699, eff. 4-19-22.)
(20 ILCS 4010/2004) (from Ch. 91 1/2, par. 1954)
Sec. 2004. Council membership.
(a) The council shall be composed of 38 voting members, 27 of
whom shall be appointed by the Governor from residents of the State so as
to ensure that the membership reasonably represents consumers of services
to persons with developmental disabilities.
(b) Eleven voting members shall be the Directors of Public Aid, Public
Health, Aging, Children and Family Services, the Guardianship and Advocacy
Commission, the State protection and advocacy agency, the State Board of
Education, the Division of Specialized Care for Children of the University of
Illinois, and the State University Affiliated Program, or their designees,
plus the Secretary of Human Services (or his or her designee) and one
additional representative of the Department of Human Services designated by the
Secretary.
(c) Nineteen voting members shall be persons with developmental
disabilities, parents or guardians of such persons, or immediate relatives
or guardians of persons with mentally impairing developmental disabilities.
None of these members shall be employees of a State agency which receives
funds or provides services under the federal Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1987, managing employees of
any other entity which services funds or provides services under the
federal Developmental Disabilities Assistance and Bill of Rights Act
Amendments of 1987, or persons with an ownership or control interest in
such an entity.
Of these members:
(1) At least 6 shall be persons with developmental     disabilities and at least 6 shall be immediate relatives or guardians of persons with mentally impairing developmental disabilities; and
(2) One member shall be an immediate relative or     guardian of an institutionalized or previously institutionalized person with a developmental disability.
(d) Eight voting members shall be representatives of local
agencies, nongovernmental agencies and groups concerned with services to
persons with developmental disabilities.
(e) The Governor shall consider nominations made by advocacy and
community-based organizations.
(f) Of the initial members appointed by the Governor, 8
shall be appointed for terms of one year,
9 shall be appointed for terms of
2 years, and 9 shall be appointed for terms of 3 years.
Thereafter, all members shall be appointed for terms of 3 years. No member
shall serve more than 2 successive terms.
(g) Individual terms of office shall be chosen by lot at the initial
meeting of the council.
(h) Vacancies in the membership shall be filled in the same manner as
initial appointments. Appointments to fill vacancies occurring before the
expiration of a term shall be for the remainder of the unexpired term.
(i) Members shall not receive compensation for their services, but shall
be reimbursed for their actual expenses plus up to $50 a day for any loss
of wages incurred in the performance of their
duties.
(j) Total membership consists of the number of voting members, as
defined in this Section, excluding any vacant positions.  A quorum shall
consist of a simple majority of total membership and shall be sufficient to
constitute the
transaction of business of the council unless stipulated otherwise in the
bylaws of the council.
(k) The council shall meet at least quarterly.
(l) The Director of the
Governor's Office of Management and Budget, or his or her designee,
shall serve as a nonvoting
member of the council.
(Source: P.A. 94-793, eff. 5-19-06.)
(20 ILCS 4010/2004.5)
Sec. 2004.5. Council membership. The General Assembly intends that the reduction
in the membership of the Council shall occur through attrition
between the effective date of this amendatory Act of the 91st General Assembly
and January 1, 2001.  In the event
that the terms of 10 voting members have not expired by January 1, 2001,
members
of the Council serving on that date shall continue to serve until their terms
expire.
(a) The membership of
the Council must
reasonably represent the diversity of this State.  Not less than 60% of the
Council's membership must be individuals with developmental disabilities,
parents or guardians of children with developmental disabilities, or immediate
relatives or guardians of adults with developmental disabilities who cannot
advocate for themselves.
The Council must also include representatives of State agencies that
administer moneys under federal laws that relate to individuals with
developmental disabilities; the State University Center for Excellence in
Developmental Disabilities Education, Research, and Service; the State
protection and advocacy system; and representatives of local and
non-governmental agencies and private non-profit groups concerned with services
for individuals
with developmental disabilities.  The members described in this paragraph must
have sufficient authority to engage in policy-making, planning, and
implementation on behalf
of the department, agency, or program that they represent.  Those members may
not take part in any discussion of grants or contracts for which their
departments, agencies, or programs are grantees, contractors, or applicants and
must comply with any other relevant conflict of interest provisions in the
Council's policies or bylaws.
(b) Seventeen voting members, appointed by the Governor, must be persons with
developmental disabilities, parents or guardians of persons with developmental
disabilities, or immediate relatives or guardians of persons with
mentally-impairing developmental disabilities.  None of these members may be
employees
of a State agency that receives funds or provides services under the federal
Developmental Disabilities Assistance and Bill of Rights Act of 1996 (42 U.S.C.
6000 et seq.), as now or hereafter
amended, managing employees of any other entity that receives moneys or
provides services under the federal Developmental Disabilities Assistance and
Bill of Rights Act of 1996 (42 U.S.C. 6000 et seq.), as now or hereafter
amended, or persons with an ownership interest in or a controlling interest in
such an entity.  Of the members appointed under this subsection (b):
(1) at least 6 must be persons with developmental     disabilities;
(2) at least 6 must be parents, immediate relatives,     or guardians of children and adults with developmental disabilities, including individuals with mentally-impairing developmental disabilities who cannot advocate for themselves; and
(3) 5 members must be a combination of persons     described in paragraphs (1) and (2); at least one of whom must be (i) an immediate relative or guardian of an individual with a developmental disability who resides or who previously resided in an institution or (ii) an individual with a developmental disability who resides or who previously resided in an institution.
(c) Two voting members, appointed by the Governor, must be representatives of
local and non-governmental agencies and private non-profit groups concerned
with services for
individuals with developmental disabilities.
(d) Nine voting members shall be the Director of Healthcare and Family Services, or his or her
designee; the Director of Aging, or his or her designee; the Director of
Children and Family Services, or his or her designee; a representative of the
State Board of Education; a representative of the
State protection and
advocacy system; a representative of the State University Center for Excellence
in Developmental Disabilities Education, Research, and Service;
representatives
of the Office of Developmental Disabilities and the Office of Community Health
and Prevention of the Department of Human Services (as the State's lead agency
for Title V of the Social Security Act, 42 U.S.C. 701 et seq.) designated by
the Secretary of Human Services; and a
representative of the State entity that administers federal moneys under the
federal Rehabilitation Act.
(e) The Director of the
Governor's Office of Management and Budget, or his or her designee, shall
be a non-voting member of the Council.
(f) The Governor must provide for the timely rotation of members.
Appointments to the Council shall be for terms of 3 years.
Appointments to fill vacancies occurring before
the expiration of a term shall be for the remainder of the term.  Members shall
serve until their successors are appointed.
The Council, at the discretion of the Governor, may coordinate and provide
recommendations for new members to the Governor based upon their review of the
Council's composition and on input received from other organizations and
individuals representing persons with developmental disabilities, including the
non-State agency members of the Council.  The Council must, at least once each
year, advise the Governor on the Council's membership requirements and
vacancies, including rotation requirements.
No member may serve for more than 2 successive terms.
(g) Members may not receive compensation for their services, but shall be
reimbursed for their reasonable expenses plus up to $50 per day for any loss of
wages incurred in the performance of their duties.
(h) The total membership of the Council consists of the number of voting
members, as defined in this Section, excluding any vacant positions. A quorum
is a simple majority of the total membership and is sufficient to constitute
the transaction of the business of the Council unless otherwise stipulated in
the bylaws of the Council.
(i) The Council must meet at least quarterly.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
(20 ILCS 4010/2005) (from Ch. 91 1/2, par. 1955)
Sec. 2005. 
		Chairperson; director. 
		The chairperson of the council shall
be appointed by the Governor to serve at the pleasure of the Governor.  The
director of the council shall be hired, supervised, evaluated, and
terminated by the council.
(Source: P.A. 86-1190; 87-1158.)
(20 ILCS 4010/2006) (from Ch. 91 1/2, par. 1956)
Sec. 2006. 
		Powers and duties of the Council. 
		The Council shall serve as
an advocate for all persons with developmental disabilities to assure that
they participate in the design of and have access to needed community
services,
individualized supports, and other forms of assistance that promote
self-determination,
independence, productivity, and integration into the community.  As such,
the Council shall:
(a) Develop and implement the State plan required by Chapter 75 of Title
42 of the United States Code (42 U.S.C. 6000, et seq.), as now or hereafter
amended.
(a-5) Implement the State plan by conducting and supporting advocacy,
capacity building, and systemic change activities, including but not limited to
the following:
(1) outreach activities to identify, assist, and     enable individuals with developmental disabilities and their families to obtain services, individualized supports, and other assistance;
(2) training for individuals with developmental     disabilities, their families, communities, and others regarding the support, services, and other assistance necessary to achieve the goals of integration, inclusion, productivity, and independence for persons with developmental disabilities;
(3) technical assistance to assist public and private     entities to achieve the goals of this Section;
(4) supporting and educating communities to assist     neighborhoods and communities in responding positively to individuals with developmental disabilities and their families and in offering access to and use of services, resources, and opportunities;
(5) inter-agency collaboration and coordination to     better serve, support, assist, or advocate for individuals with developmental disabilities and their families;
(6) coordination with other related councils,     committees, and programs;
(7) barrier elimination, systems design, and redesign     activities that enhance participation by individuals with developmental disabilities in their communities;
(8) providing policymakers with information from     Council-supported projects and activities in order to increase the ability of policymakers to offer opportunities to enhance or adapt generic or specialized services to individuals with developmental disabilities and their families;
(9) demonstration of new approaches to services and     support for people with developmental disabilities and their families that are part of an overall strategy for systemic change; and
(10) other advocacy, capacity building, and systemic     changes that promote a coordinated, consumer and family-centered and directed comprehensive system of community services.
(b) (Blank).
(c) Advise the principal State agencies that provide services or
administer programs for persons with developmental disabilities,
the General Assembly, and the Governor concerning the use of State and
federal resources for persons with developmental disabilities, groups who
are not adequately served by the system, the prevention of developmental
disabilities, and other related matters.
(d) (Blank).
(e) Recommend and advocate for the adoption of public policies that
will affect the State service system to support the independence,
productivity, integration, and inclusion of persons with
developmental
disabilities.
(f) (Blank).
(g) Take any other actions as may be reasonable to carry out the
purposes of this Article and Chapter 75 of Title 42 of the United States
Code (42 U.S.C. 6000, et seq.), as now or hereafter amended.
The Council shall promulgate rules and regulations to implement this Article
in accordance with the Illinois Administrative Procedure Act.
The Council shall have the cooperation of relevant
State agencies in fulfilling its responsibilities.
(Source: P.A. 91-798, eff. 7-9-00.)
(20 ILCS 4010/2007) (from Ch. 91 1/2, par. 1957)
Sec. 2007. 
		Powers and duties of the director. 
		The director shall carry out
the policies and programs of the council.  As such, the director shall
organize and administer the staff of the council to meet the requirements
of Section 2006 of this Article.
(Source: P.A. 86-1190.)