Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 117 - FAMILY ASSISTANCE AND HOME-BASED SUPPORT PROGRAMS FOR PERSONS WITH MENTAL DISABILITIES › Subpart A - GENERAL PROVISIONS › Section 117.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless the context otherwise requires, the terms used in this
				  Part have the meanings ascribed to them in this Section.
"Abuse." Any physical injury, sexual abuse or mental injury
				  inflicted on an individual other than by accidental means (Section 1-101.1 of
				  the Code).
Physical injury includes all injuries serious enough to
				  require immediate medical treatment by a physician, such as fractures and
				  lacerations which require suturing and all other injuries which because of the
				  circumstances or nature of the injury indicate possible abuse or
				  neglect;
Sexual abuse includes but is not limited to any sexual
				  penetration or sexual conduct between an individual and other person if the
				  individual has been adjudicated legally disabled, or has a guardian, or is
				  unable to understand the nature of the act or is unable to give knowing
				  consent, or is injured, or alleges that there is, or there is evidence of, use
				  of force, coercion, or the exchange of money or anything of value; and
Mental injury includes use of words, signs, gestures or other
				  actions by anyone against an individual which intimidates, demeans, harasses,
				  causes emotional anguish or distress, ridicules, threatens, harms or shall
				  knowingly incite or precipitate maladaptive behavior on the part of an
				  individual. Mental injury also includes exploitation, which is any act that
				  uses individuals, their resources or their possessions for an agency employee's
				  personal gain or for an agency's benefit.
"Act." The Mental Health and Developmental Disabilities
				  Confidentiality Act [740 ILCS 110 ].
"Adult." A person between the ages of 18 and 60 years,
				  inclusive.
"Agency." A community mental health or developmental services
				  organization which is a sole proprietorship, association, partnership,
				  corporation or organization, public or private, either for profit or not for
				  profit.
"Autism." A lifelong developmental disability which is
				  manifested by a combination of significant disturbances in intellectual,
				  sensory, cognitive, social, psychological, and emotional functioning and is
				  distinguished from other related disorders by impaired or disordered language
				  and communication; failure to develop appropriate social relationships;
				  ritualistic or compulsive behaviors.
"Cerebral palsy." A disorder dating from birth or early
				  infancy, non-progressive, characterized by absence or aberrations of motor
				  function (paralysis, weakness, incoordination) and of the other manifestations
				  of organic brain damage such as sensory disorder, seizures, mental retardation,
				  learning difficulty and behavior disorders
"Child." A person who is 17 years old or younger.
"Code." The Mental Health and Developmental Disabilities Code
				  [405 ILCS 5 ].
"Crisis management." Emergency services of an intensive
				  nature to alleviate stressful situations.
"Day." A calendar day unless otherwise specified.
"Department." The Department of Human Services.
"Department-funded out-of-home placement services." Those
				  services for which the Department pays the partial or full cost of care of the
				  residential placement.
"Developmental disability." Disability which is attributable
				  to mental retardation, cerebral palsy, epilepsy or autism; or to any other
				  condition which results in impairment similar to that caused by mental
				  retardation and which requires services similar to those required by a mentally
				  retarded person. Such disability must originate before the age of 18 years, be
				  expected to continue indefinitely, and constitute a substantial handicap
				  (Section 1-106 of the Code).
"Developmentally disabled." Having a developmental
				  disability.
"DSM-III-R." The Diagnostic and Statistical Manual of Mental
				  Disorders, Third Edition, revised (DMS-III-R, American Psychiatric Association,
				  1987 edition).
"Employment-related services." Services which allow an
				  individual to participate in employment or which prepare an individual for
				  future participation in employment.
"Epilepsy." A chronic disorder of the brain which is
				  categorized by the tendency to have recurrent seizures. Seizures are sudden,
				  uncontrolled episodes of excessive electrical discharges of brain cells with
				  associated sensory, motor and/or behavioral changes.
"Family." The spouse and children and the parent or parent
				  substitute, as defined by this Section, sister, and brother of an
				  individual.
"Family Assistance Law." The Family Assistance Law for
				  Mentally Disabled Children [405 ILCS 80/3-1 ].
"Goal." An expected result or condition that involves a
				  specified period of time to achieve, that is specified in behavioral terms in a
				  statement of relatively broad scope, and that provides guidance in establishing
				  specific objectives directed toward its attainment.
"Habilitation." An effort directed toward the remediation of
				  a disability or toward increasing an individual's level of physical, mental,
				  social or economic functioning, independence and self-respect. Habilitation may
				  include, but is not limited to, diagnosis, evaluation, medical services,
				  residential care, day care, special living arrangements, training, education,
				  sheltered employment, protective services, counseling and other services
				  through interaction and participation in the community (Section 1-111 of the
				  Code).
"Home-based services." Services provided to a mentally
				  disabled adult who lives inhis or herown home. These services may include but
				  are not limited to: home health services, service facilitation, crisis
				  management, training and assistance in self-care, personal care services,
				  habilitation and rehabilitation services, employment-related services, respite
				  care, and other skill training that enables a person to become self-supporting
				  (Section 2-3 of the Home-Base Support Services Law).
"Home-Based Support Services Law." The Home-Based Support
				  Services Law for Mentally Disabled Adults [405 ILCS
				  80/2-1 ].
"Illinois resident." an individual legally admitted to the
				  United States who lives in Illinois, and has no present intention to move from
				  Illinois.
"Individual" or "individuals." A person or persons who
				  receives or receive services or support as described in this Part.
"Informed consent." Permission voluntarily granted by the
				  individual or guardian for the release of information, for participation in the
				  program services specified in the service/treatment plan or for the use of a
				  specific procedure in the plan. Informed consent means full disclosure to the
				  individual or guardian of the information required for him or her to make the
				  decision intelligently.
"Legal guardian." The court-appointed guardian or conservator
				  of the person (Section 1-110 of the Code).
"Licensed Clinical Psychologist." A clinical psychologist
				  licensed by the Clinical Psychologist Licensing Act [225 ILCS 15 ].
"Mental disability." A developmental disability, a mental
				  illness in an adult or an emotional disturbance in a child.
"Mentally disabled adult." A person between the ages of 18
				  and 60 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, severe or profound
				  mental retardation, or severe and multiple impairments (Section 2-3 of the
				  Home-Based Support Services Law).
"Mental retardation." Significantly subaverage general
				  intellectual functioning which exists concurrently with impairment in adaptive
				  behavior and which originates before the age of 18 years (Section 1-116 of the
				  Code).
"Natural support network." a social circle affiliated with an
				  individual that may include, but is not limited to, family members, friends,
				  co-workers and peers.
"Neglect." Failure to provide adequate medical or personal
				  care or maintenance to an individual, which failure results in physical or
				  mental injury to an individual or in the deterioration of the individual's
				  physical or mental condition (Section 1-117.1 of the Code).
"Objective." An expected result or condition that involves a
				  specified period of time to achieve, that is specified in behavioral terms and
				  that is related to the achievement of a goal.
"Own home." In one's "own home" means that a mentally
				  disabled adult lives alone; or that a mentally disabled adult is in full-time
				  residence with his or her parents, legal guardian, or other relatives; or that
				  a mentally disabled adult is in full-time residence in a setting not subject to
				  licensure under the Nursing Home Care Act [210 ILCS 45 ] or the Child Care Act
				  of 1969 [225 ILCS 10 ], withthreeor fewer other adults unrelated to the
				  mentally disabled adult who do not provide home-based services to the mentally
				  disabled adult. (Section 2-3 of the Home-Based Support Services Law).
"Parent" or "parent substitute." A person acting in the
				  capacity of a parent with respect to an individual with mental disabilities who
				  is 17 years old or younger. The parent shall be:
The legal guardian, if a legal guardian has been
				  determined;
The natural or adoptive parent, if no legal guardian has been
				  determined;
A person licensed as a foster parent and providing care under
				  the Child Care Act of 1969; or
Another relative who is 21 years old or older who has a
				  parent-like relationship with the individual with mental disabilities and who
				  wishes to serve as the parent substitute. This relative shall be considered the
				  parent for purposes of this Part if there is no objection from:
The individual;
The legal guardian, if a legal guardian has been determined;
				  or
The natural or adoptive parent, if no legal guardian has been
				  determined.
"Primary examiner." The licensed clinical psychologist and/or
				  psychiatrist and/or physician asked to conduct an evaluation to determine
				  whether an individual applying for programs under this Part meets the criteria
				  for severe level of disability.
"Provider agency." (See "Agency.")
"Random selection." To ensure equal opportunity to the
				  programs described in this Part, the Department shall use a random selection
				  process. The selection process shall be implemented in the following manner:
				  children and adults shall be selected separately, based on two programs and two
				  line item appropriations; residents from each region of the State shall be
				  selected in proportion to the population of that region; an equal number of
				  adults with a developmental disability and mental illness shall be selected;
				  and an equal number of children with a developmental disability and an
				  emotional disturbance shall be selected. There shall be four pools within each
				  region: children with an emotional disturbance; children with a developmental
				  disability; adults with mental illness; adults with a developmental disability.
				  Within each of the separate pools of applicants identified above, a computer
				  shall randomly number all preliminary applications from one through the number
				  of applications within that pool. The proper number of persons to be enrolled
				  from each pool shall be chosen according to the per capita approach described
				  above. This number of people (number one through the maximum permitted for each
				  pool) shall be chosen as provisional participants. The provisional participants
				  shall be requested to verify eligibility criteria and diagnosis through
				  evaluation. If any provisional applicant is found ineligible, or for any other
				  reason fails to enter the program, the next alternate based on the sequential
				  numbering shall be selected for enrollment after undergoing verification of
				  eligibility and diagnosis through evaluation.
"Region." A service division of the State created by the
				  Department in accordance with Section 8 of the Mental Health and Developmental
				  Disabilities Administrative Act [20 ILCS
				  1705/8 ].
"Rehabilitation." An effort toward the amelioration of a
				  disability or toward restoring an individual's level of physical, mental,
				  social or economic functioning, independence and self-respect.
"Relative." A person having 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, stepson, stepdaughter, stepparent or first
				  cousin (Section 2-3 of the Home-Based Support Services Law).
"Secretary." The Secretary of the Department of Human
				  Services or his or her designee.
"Service facilitation." Assisting an adult individual
				  participating in the Home-Based Support program with the development and
				  modification of a service/treatment plan, helping the individual gain access to
				  the services identified in the plan, and advocating on the individual's behalf
				  if services are not being provided as prescribed in the plan or assisting a
				  family participating in the Family Assistance Program in determining the most
				  appropriate use of resources to address the needs of the child with a severe
				  mental disability within the context of the family. Assisting families also
				  includes providing information about local support services, locating,
				  advocating for or creating services that conform to the individual family's
				  desires.
"Service facilitator." An agency representative with
				  experience in working with mentally disabled persons and who provides service
				  facilitation.
"Service/treatment plan" or "plan." The basis on which
				  services shall be planned by the individual, a service facilitator and other
				  persons chosen by the individual, provided by a service agency, an
				  organization, or an individual and reimbursed by the Department for purposes of
				  the Home-Based Support Services Program.
"Services." Services which are rendered and are partially or
				  wholly funded by the Department.
"Severe autism." A lifelong developmental disability which is
				  typically manifested before 30 months of age and is characterized by
				  disturbances in the rate and sequences of cognitive, affective, psychomotor,
				  language and speech development. A person shall be determined severely
				  autistic, for purposes of this Part, if he or she manifests all of the
				  following characteristics: disturbance in the capacity to relate appropriately
				  to people, events and objects; absence, disorder or delay of language; speech
				  or meaningful communication; unusual or inconsistent response to sensory
				  stimuli in one or more of the following: sight, hearing, touch, pain, balance,
				  smell, taste, or the way the person holds his or her body; and insistence on
				  sameness as shown by stereotyped or repetitive behavioral patterns, repetitive
				  movements, abnormal preoccupation, or resistance to change. There shall be an
				  absence of the characteristics associated with schizophrenia, such as
				  delusions, hallucinations, loosening of associations and incoherence. (Section
				  2-3 of the Home-Based Support Services Law and Section 3-3 of the Family
				  Assistance Law)
"Severe emotional disturbance." A child with a severe
				  emotional disturbance is one who, on the basis of a psychosis or other
				  emotional or behavioral disorder, suffers from severe disability which requires
				  sustained treatment interventions for a year or more, and which generally
				  requires attention from two or more agencies.
"Severe mental illness." The manifestation of both the
				  following characteristics: the presence of a major mental disorder in adults,
				  or a mental disorder in children or adolescents, classified in the DSM-III-R,
				  excluding alcohol or substance abuse, Alzheimer's disease, or other forms of
				  dementia based upon organic or physical disorders; and a functional disability
				  of an extended duration for adults, or any duration for children or
				  adolescents, which results in substantial limitations in major life activities.
				  (Section 2-3 of the Home-Based Support Services Law and Section 3-3 of the
				  Family Assistance Law)
"Severe or profound mental retardation." The manifestation of
				  all of the following characteristics: development at a rate approximately four
				  and one-half or more standard deviations below the mean as determined through
				  intellectual assessment; lack of development primarily in the cognitive domain;
				  and impairment of adaptive behavior. This impairment constitutes a substantial
				  disability and can be expected to continue indefinitely. (Section 2-3 of the
				  Home-Based Support Services Law and Section 3-3 of the Family Assistance
				  Law)
"Severe and multiple impairments." The manifestation of all
				  the following characteristics: multiple handicaps in the physical, sensory,
				  behavioral or cognitive domains which constitute a severe or profound handicap;
				  development at substantially less than expected rate for the age group in the
				  cognitive, affective or psychomotor domains; and a diagnosis of a developmental
				  disability as defined in Section 1-106 of the Code. (Section 2-3 of the
				  Home-Based Support Services Law and Section 3-3 of the Family Assistance
				  Law)
"Skills training." Services aimed at improving an
				  individual's ability to perform the activities of daily living and/or community
				  living and/or work-related proficiencies.
"Special education program." Specially designed instruction,
				  at no cost to the parent or individual, to meet the unique needs of an
				  individual with a disability up to age 21, including classroom instruction,
				  instruction in physical education, home instruction and instruction in
				  hospitals and institutions (Education for the Handicapped Act ( 20 U.S.C.A.
				  1400(1996) ) and the rules of the State Board of Education at 23 Ill. Adm. Code
				  226).
"Substantial disability." A physical and mental disability,
				  resulting from mental retardation, cerebral palsy, epilepsy, or autism, of such
				  severity that, alone or in connection with social, legal, or economic
				  constraints, it requires the provision of specialized services over an extended
				  period of time directed toward the individual's social, personal or economic
				  habilitation or rehabilitation.
"Supported employment." Competitive work in integrated work
				  settings for incidivuals with severe mental disabilities for whom competitive
				  employment has not traditionally occurred or for individuals for whom
				  competitive employment has been interrupted or intermittent as a result of a
				  severe disability and who need ongoing support services to perform such
				  work.
"Twenty-four-hour-a-day-supervision." Care by a trained
				  mental health or developmental disability professional on an ongoing basis
				  (Section 2-3 of the Home-Based Support Services Law).