reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart A - GENERAL PROVISIONS › Section 145.40 - Nondiscrimination

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords and property management entities shall comply with
				  the applicable provisions of the Illinois Human Rights Act [775 ILCS 5 ] and
				  the regulations under that Act (see 38 Ill. Adm. Code 800; 44 Ill. Adm. Code
				  750; 56 Ill. Adm. Code 2500, 2510, 2530 and 2540; and 71 Ill. Adm. Code 2300),
				  the Fair Housing Act (
				  42 USC 3601
				  ), section 504 of the Rehabilitation Act of 1973 (
				  29 USC
				  794 ), the Illinois Accessibility Code (71
				  Ill. Adm. Code 400), and all other State, federal and local statutes and
				  regulation concerning discrimination and fair housing.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart A - GENERAL PROVISIONS › Section 145.50 - Permanent Supportive Housing Models

Current through Register Vol. 48, No. 28, July 12, 2024
All PSH models will utilize Scattered Sites (as described
				  below). The DMH PSH Bridge Subsidy model provides rental payments for all of
				  the following:
a) Scattered Sites
Dwellings that exist in the private and public rental market
				  for which the tenant holds the lease and rental payment agreements are made
				  directly with the property owner. Units are not concentrated in any one
				  building. Living arrangements in scattered-site housing include:
1) Single room occupancy (SRO) or
				studio/efficiency apartments that have self-contained kitchens and
				bathrooms;
2) One-bedroom
				apartments;
3) Two-bedroom or
				larger shared apartments as needed to accommodate larger households, live-in
				aides, or storage of necessary medical equipment (with no more than two
				unrelated consumers per unit under an arrangement agreed to by both consumers);
				or
4) Single family
				homes.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart A - GENERAL PROVISIONS › Section 145.60 - Permanent Supportive Housing Service Linkage

Current through Register Vol. 48, No. 28, July 12, 2024
a) All DHS-DMH PSH models assure that needed
				services and supports are available to the tenant living in a PSH/Bridge
				Subsidy unit.
1) The tenant should have access
				to a flexible and comprehensive array of recovery-oriented services and
				supports to assist the tenant in achieving a successful community
				adjustment.
2) Services shall be
				elective, support the tenant's clinical/therapeutic or treatment needs to
				function and live independently in the community, and must be based on medical
				necessity. All services shall be provided in mutual agreement with the person
				receiving the services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart A - GENERAL PROVISIONS › Section 145.70 - Administration Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
As determined by DMH, the SA or PSH Provider shall:
a) Serve as the authorized entity for the
				administration of rental payments to landlords and property management
				entities.
b) Fulfill the roles
				outlined in Subpart B, including income certification and annual income
				recertification, unit inspections, rent reasonableness determinations, and
				lease review. Specifically, the SA or PSH Provider shall:
1) Conduct initial and annual income
				verification;
2) Conduct an
				inspection of the unit in consideration for leasing, using HUD HQS and annual
				reinspection upon lease renewal. The HQS can be found at
				24 CFR
				982.401;
3) Where the lease is held by the tenant,
				initiate a HAP contract with the leasing agent, landlord or property management
				entity, as a commitment to pay the remaining rental balance;
4) Disburse and ensure that rental payments
				are received by the landlord and property management entities by the
				established rent due date;
5)
				Maintain a database and analyze data on the number of PSH housing units
				utilized by tenants; and
6) Report
				to DMH, as requested, all fiscal and tenant information and participate in all
				audits referred by DMH.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.100 - Tenant Rights and Choices

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				assure that tenant rights are protected and that owners/landlords who establish
				leases for PSH and/or Bridge subsidized units comply with written law,
				providers and rental agents (landlords or property management entities) shall
				ensure that:
1) The tenant's rights are
				protected in accordance with Chapter 2 of the Mental Health and Developmental
				Disabilities Code;
2) The tenant's
				right to confidentiality is governed by the Mental Health and Developmental
				Disabilities Confidentiality Act and HIPAA;
3) The tenant has full rights to make choices
				concerning the level of any services received;
4) The tenant has full rights to select a
				service provider from which services are delivered;
5) The tenant has full rights to identify the
				geographic or community areas where he/she wants to establish
				residency;
6) The tenant has rights
				to be free from abuse, neglect and exploitation; and
7) The tenant has rights to contact DMH or
				its designee and to be informed of DMH policy or protocol for filing complaints
				or grievances.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.110 - Eligibility Criteria for the DHS-DMH Permanent Supportive Housing Bridge Subsidy Model

Current through Register Vol. 48, No. 28, July 12, 2024
a) Individuals
				eligible for the PSH Bridge Subsidy model shall meet the following criteria:
1) Have a clinical diagnosis of serious
				mental illnesses (SMI) with an exception only for anyone identified as a
				Colbert Class Member, including functional duration, history and severity, for
				one or more of the following diagnoses:
A)
				Schizophrenia;
B) Schizophreniform
				Disorder;
C) Schizo-Affective
				Disorder;
D) Delusional
				Disorder;
E) Psychotic
				Disorder;
F) Bipolar
				Disorders;
G) Cyclothymic
				Disorder;
H) Disruptive Mood
				Dysregulation Disorder;
I) Major
				Depressive Disorders;
J)
				Obsessive-Compulsive Disorder;
K)
				Anorexia Nervosa;
L) Bulimia
				Nervosa;
M) Post-Traumatic Stress
				Disorder;
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.115 - Eligibility Criteria for the Housing is Recovery Pilot Program Model

Current through Register Vol. 48, No. 28, July 12, 2024
Individuals eligible for the Housing is Recovery Pilot
				  Program model shall:
a) Meet one of the
				following criteria:
1) An individual at high
				risk of unnecessary institutionalization who is 21 years of age or older or is
				aging out of guardianship under DCFS, and who is eligible to enroll in, or is
				enrolled in, Medicaid for the purposes of receiving mental health treatment
				pursuant to 89 Ill. Adm. Code 140.
2) An individual at high risk of overdose who
				is 21 years of age or older or is aging out of guardianship under DCFS, and who
				is eligible to enroll in, or is enrolled in, Medicaid for the purposes of
				receiving substance use treatment.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.120 - Housing Search Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Potential tenants may choose the geographic location where they would like to
				reside.
b) Housing location
				assistance will be provided by a DMH contracted vendor.
c) Within 60 days after approval to locate
				and lease a PSH Bridge Subsidy model unit, the potential tenant must select and
				identify a unit that passes established HQS inspection standards and rent
				reasonableness criteria.
d)
				Extensions beyond the 60 days to select and identify a unit for a PSH Bridge
				Subsidy will be granted by DMH on a case-by-case basis if the potential tenant
				has actively sought housing during the 60-day period and can reasonably be
				expected to complete a successful search for a suitable housing unit during the
				extended period.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.130 - Tenant Income and Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
Income is any money earned or benefits payment received by
				  the tenant. Adjusted gross income is the amount of income earned after any
				  deductions are made. A tenant rent payment amount shall be calculated based on
				  adjusted gross income over the most recent three-month period.
a) Income that is to be considered when
				calculating a tenant's household gross income includes:
1) Social Security Supplemental
				Income;
2) Social Security
				Disability Income;
3) Earned
				income;
4) Self-employment/business
				income;
5) Interest and dividend
				income or income from other assets or family sources;
6) Pension/retirement income;
7) Unemployment income;
8) Temporary Assistance for Needy Families
				(TANF); and
9) Armed Forces
				income.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.140 - Tenant Rent Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) Tenants
				shall not be required to pay more than 30% of their adjusted household gross
				income for rent for assisted units that meet rent reasonableness and FMR
				criteria (see Section
				145.150),
				including an allowance for any consumer paid utilities.
b) The rental payment amount shall be
				determined by the SA or PSH Provider and communicated and documented to both
				the tenant and the landlord or property management entity, and reflected on the
				HAP contract when the lease is held by the tenant.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.150 - Amount of Rental Assistance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				amount of rental assistance for each unit shall be the difference between the
				amount of the rent for the unit and the tenant's rent payments.
b) When identifying the appropriateness of
				the amount of rent to be paid for a unit, the SA or PSH Provider shall complete
				a rent reasonableness determination. Prior to approval and signing of a lease,
				data shall be gathered by the SA or PSH Provider on a variety of units and used
				to make a comparability determination on the affordability and suitability of
				the unit. The unit must pass the rent reasonableness determination to be deemed
				appropriate for PSH rental payments.
c) Rents shall not exceed the Fair Market
				Rent (FMR) established for the geographical area, as determined annually by
				HUD. An exception exists if rents throughout the local community are above FMR
				and it is highly unlikely that there will be units available for inclusion in
				PSH. In these situations, if a tenant seeks to utilize a housing unit with a
				rent level greater than the FMR, the SA or PSH Provider must document the
				circumstances and obtain the approval of DMH.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.160 - Rent Redeterminations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				tenant shall notify the SA or PSH Provider within 30 days if tenant income
				increases by 75% or more. Increases of less than 75% shall be reported during
				the Annual Income Re-examination Review process.
b) If a decrease in income occurs, the tenant
				should contact the SA or PSH Provider immediately. The SA or PSH Provider shall
				then recalculate the tenant's portion of the rent for the next rent payment
				based on the decreased income amount.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.170 - Tenants with Incomes Exceeding 30% AMI (Over-Income)

Current through Register Vol. 48, No. 28, July 12, 2024
The SA or PSH Provider shall annually recertify the income of
				  each tenant's household for the most recent three months prior to the renewal
				  of the lease. If the annual household income exceeds 30% of AMI, the tenant is
				  no longer eligible for PSH, and a transition plan shall be developed among the
				  SA or PSH Provider, the community vendor and the tenant.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.180 - Rent Increases

Current through Register Vol. 48, No. 28, July 12, 2024
Upon request of the landlord or property management entity,
				  DMH may allow an annual increase in the rent for the respective unit.
a) The rent increase must not exceed the
				existing rent multiplied by the most recent HUD Annual Adjustment Factor that
				can be found at
http://www.huduser.org/portal/datasets/aaf.html
.
b) Landlords must address any proposed
				increases to leases via requests to the SA or PSH Provider in accordance with
				leases and contracts.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.190 - Housing Inspections

Current through Register Vol. 48, No. 28, July 12, 2024
Before the tenant signs a lease, and annually thereafter, it
				  shall be the responsibility of the SA to conduct housing inspections of the
				  unit or the responsibility of the PSH Provider to ensure that housing
				  inspections are completed to determine compliance with HUD's HQS. In addition
				  to any violations of compliance with a local code enforcement bureau, the HQS
				  consists of the following performance requirements:
a) Sanitary bathroom facilities;
b) Food preparation and refuse
				disposal;
c) Space and
				security;
d) Thermal
				environment;
e) Illumination and
				electricity;
f) Structure and
				materials;
g) Interior air
				quality;
h) Water supply;
i) Lead-based paint;
j) Private access;
k) Site and neighborhood;
l) Sanitary conditions (the unit must be free
				of vermin); and
m) Smoke
				detectors.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.200 - Transition Assistance Funds Provided Under PSH/Bridge Subsidy Model and Housing is Recovery Pilot Program Model

Current through Register Vol. 48, No. 28, July 12, 2024
a) DMH may provide one-time Transition
				Assistance Funds (TAF), identified as a set amount to be used solely for the
				purpose of assisting individuals who are in the process of moving into a PSH
				unit that has a secured lease. These funds are to provide basic move-in
				expenses, obtain basic household items, pre-approved by DMH, in addition to the
				payment of security deposit and utility connection fees, excluding
				arrearages.
b) TAF are processed by
				the designated DHS-DMH contracted Service Provider and released to the Care
				Manager upon receipt of supporting documentation approved by the respective DMH
				program staff. TAF are restricted in use, only available to DHS-DMH contacted
				Service Providers as specified in their contacts, and may only be applied for
				the purpose of assisting the tenant in transitioning and moving into a PSH
				unit. Responsibility for appropriate expenditure of TAF rests with the DHS-DMH
				contracted Service Provider. The tenant, family members and guardians shall
				have no access to these funds.
c)
				TAF shall be accessed and approved through an established DMH process. TAF
				cannot be used to pay arrearages.
d) TAF may be utilized for items including,
				but not limited to:
1) Security
				deposits;
2) Unit application
				fees;
3) Utility activation
				deposits;
4) Furniture;
5) Bedding;
6) Small appliances; and
7) Cleaning equipment and supplies.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.210 - Leases

Current through Register Vol. 48, No. 28, July 12, 2024
Under the PHS Bridge Subsidy model, the lease for the housing
				  unit is held by the tenant. Flexible leasing options may be made available
				  through alternative PSH programs/models funded by DMH, but PSH Providers will
				  be responsible for compliance with leasing terms as stipulated in their
				  executed contract and/or PSH program-specific guidance provided by DMH. There
				  are three options to obtain leases in a PSH Bridge Subsidy model:
a) Under Tenant Executed Leases:
1) The landlord or property management entity
				shall enter into a direct written lease with each tenant.
2) The lease shall have a term of no less
				than 12 months (unless reviewed and approved by DMH on a case-by-case basis)
				and shall contain a HAP contract.
3) The SA shall review each lease to certify
				to DMH that the lease does not violate any provisions of State or local law or
				this Part.
4) The landlord or
				property management entity shall provide each tenant and the SA with a copy of
				the lease and execute the HAP contract with the SA.
5) The tenant is responsible for his/her
				portion of the rent up to 30% of his/her income (based on the SA's income
				verification process) paid directly to the landlord. The SA will pay the
				remaining amount of the rental balance.
6) Lease responsibilities for the unit will
				rest with the tenant.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.220 - Contracts with Landlords or Property Management Entities

Current through Register Vol. 48, No. 28, July 12, 2024
HAP contracts are required for DHS-DMH funded PSH units where
				  the tenant holds the lease. Flexible leasing options may be made available
				  through alternative PSH programs/models funded by DMH, but PSH Providers will
				  be responsible for compliance with leasing terms and other contractual
				  arrangements as stipulated in their executed contract and/or PSH
				  program-specific guidance provided by DMH. For rental assistance/subsidy-based
				  units:
a) The SA or PSH Provider shall
				enter into a HAP contract with each landlord or property management entity for
				all units that the landlord has negotiated to receive rental
				payments.
b) The HAP contract shall
				provide that the SA or PSH Provider will make rental assistance payments to the
				landlords as instructed by DMH.
c)
				The HAP contract shall identify the landlord and SA or PSH Provider.
d) The term of the HAP contract shall not be
				less than 12 months (unless pre-approved).
e) The units to receive rental assistance
				must be identified by address and unit designation.
f) The rent amount to be charged is to be set
				forth for each unit and will identify the tenant's portion of rent (all
				contracts shall not be greater than the FMR or rent amount approved by
				DMH).
g) The landlord shall abide
				by the requirements of this Part as detailed in the HAP contract.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.230 - Subsequent Tenant Unit Relocations

Current through Register Vol. 48, No. 28, July 12, 2024
a) As
				the end of the lease agreement approaches, and with the consent of the
				landlord, the tenant shall have a choice to remain in the current unit if the
				tenant wishes to do so.
b) If the
				tenant chooses to move, the tenant shall notify the landlord, SA or PSH
				Provider, and Care Manager no later than 60 days before the lease end date to
				facilitate a new housing search.
c)
				If the tenant elects to move, he/she will be responsible for paying any newly
				incurred security deposit and utility connections, unless there is an
				extenuating circumstance. Extenuating circumstances will be reviewed by DMH on
				a case-by-case basis. The Department reserves the right to determine the
				parameters of extenuating circumstances.
d) To receive rental payments, all units must
				pass HQS inspection and the rent reasonableness determination by the SA or PSH
				Provider before a lease can be signed and Bridge Subsidy payment
				approved.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.240 - Temporary Tenant Absences

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				tenants in PSH programs other than the Housing is Recovery Pilot Program:
1) A tenant shall continue to maintain
				eligibility for PSH during brief absences lasting no longer than 90
				days.
2) Tenants shall continue to
				maintain eligibility for PSH up to 90 days in cases of required psychiatric or
				medical hospitalization or temporary absences from the unit, as reviewed and
				approved by DMH.
3) Extensions
				beyond 90 days may be granted by DMH when there is a demonstrated likelihood
				that the tenant will return to the unit within an additional 30-day
				period.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.250 - Program Terminations and Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) A tenant may be terminated from PSH, after
				all attempts at tenant participation and mitigation have failed, under any one
				or more of the following circumstances, unless a reasonable modification of
				this policy is necessary to prevent the exclusion or denial of benefits of the
				program and service on the basis of disability pursuant to Title II of the
				Americans with Disabilities Act (42 U.S.C. 12101) :
1) Missing their portion of the rent payment
				three times or more within an existing current lease period (late payments are
				not an immediate factor);
2)
				Refusing to pay their portion of the rent as stipulated in the lease
				agreement;
3) Refusing to allow or
				respond to requests for case management wellness visits (in-home, at
				alternative locations, or virtual) as deemed appropriate by the contracted
				Service Provider;
4) Serious and
				repeated lease violations that pose a threat or serious hazard to other
				residents of the rental property;
5) Convictions by a court of law for a felony
				offense;
6) Failure to accept an
				offer for a permanent rental subsidy when one is made available;
7) Receiving rental payments while residing
				in a unit owned by any family member of the tenant (unless DMH has determined
				and approved the rental of the unit as providing reasonable accommodations for
				a person with a disability);
8)
				Subleasing the unit, assignment of the lease or transfer of the unit;
9) Excessive and continuous damage to the
				unit or premises by the tenant or any guest to the unit or premises;
10) Engaging in or allowing a guest to engage
				in any behavior that disturbs the peaceful and quiet enjoyment by others of the
				premises and the neighborhood;
11)
				Engaging in or allowing a guest to engage in drug-related criminal activity or
				violent criminal activity or other criminal activity that threatens the health,
				safety or right to peaceful enjoyment of other residents and persons residing
				in the immediate vicinity of the premises;
12) Illegal possession or use of a firearm or
				aggravated assault weapon in violation of federal, State or local criminal or
				civil laws;
13) Failure to complete
				an Annual Income Re-examination Review with the SA or PSH Provider;
				and
14) Fraud, including falsifying
				income, unauthorized occupants in the housing unit, or deliberate failure to
				report changes in household composition that would affect program
				eligibility.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart B - REQUIREMENTS FOR PERMANENT SUPPORTIVE HOUSING › Section 145.260 - Forms and Procedures for Permanent Supportive Housing

Current through Register Vol. 48, No. 28, July 12, 2024
DMH may prepare, use, supplement and amend forms, agreements,
				  documents and procedures as may be necessary to implement PSH and the Bridge
				  Subsidy model. Except as otherwise permitted by this Part or by DMH, all
				  providers must use the forms prepared by DMH.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart C - LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES › Section 145.300 - Record Submission and Retention

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords shall maintain monthly records of tenant's rental
				  assistance payments received for each unit, including unit vacancies under
				  Master Leasing Agreements, for the term of the lease. Landlords shall notify
				  the SA or PSH Provider by phone or mail within seven days after the rent due
				  date if the tenant's portion of the rent has not been
				  received.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart C - LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES › Section 145.310 - Lead-Based Paint

Current through Register Vol. 48, No. 28, July 12, 2024
a) All units
				eligible for PSH must be free of lead-based paint hazards.
b) Before the execution of the lease, the
				responsible landlord or property management entity shall certify to the SA or
				PSH Provider that the housing unit contains no lead-based paint
				hazards.
c) For units in buildings
				constructed prior to January 1, 1978, this certification must include assurance
				that the landlord or property management entity has visually inspected the unit
				for lead-based paint hazards and, if lead hazards have been found, has
				performed remediation, abatement or encapsulation in conformance with federal
				and State law (Lead Poisoning Prevention Act [410 ILCS 45]).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart C - LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES › Section 145.320 - Housing Quality Standards

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords must maintain each unit in compliance with the HQS
				  that can be found at
				  24 CFR
				  982.401.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart C - LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES › Section 145.330 - Compliance with State and Local Laws

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords must certify to the SA or PSH Provider that the
				  lease for each unit receiving rental assistance does not violate State or local
				  laws or this Part.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 145 - PERMANENT SUPPORTIVE HOUSING AND BRIDGE SUBSIDY MODEL FOR PERSONS WITH MENTAL ILLNESSES › Subpart C - LANDLORD AND PROPERTY MANAGEMENT RESPONSIBILITIES › Section 145.340 - Eviction

Current through Register Vol. 48, No. 28, July 12, 2024
Landlords shall have the right to evict a tenant from a unit
				  for good cause, as permitted through the lease agreement in accordance with
				  State and local laws.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart A - GENERAL PROVISIONS › Section 150.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The requirements
				set forth in this Part establish the criteria for reporting by various
				providers under Sections 6-103.2 and 6-103.3 of the Mental Health and
				Developmental Disabilities Code [405 ILCS 5 ] and Section 12(b) of the Mental
				Health and Developmental Disabilities Confidentiality Act [740 ILCS 110
				].
b) The requirements set forth in
				this Part establish the procedures by which the Department of Human Services
				(DHS) shall collect information that the Illinois State Police (ISP) will be
				able to use to determine eligibility or continued eligibility for a Firearm
				Owner's Identification Card under Section 8 of the Firearm Owner's
				Identification Card Act (FOID Act) [430 ILCS 65 ].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart A - GENERAL PROVISIONS › Section 150.20 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules or standards of an agency of the United States or
				  of a nationally-recognized organization or association that are incorporated by
				  reference in this Part are incorporated as of the date specified and do not
				  include any later amendments or editions.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart A - GENERAL PROVISIONS › Section 150.40 - Immunity

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person,
				institution, or agency, under this Part participating in good faith in the
				reporting or disclosure of records and communications otherwise in accordance
				with this provision or with rules, regulations or guidelines issued by DHS
				shall have immunity from any liability, civil, criminal or otherwise, that
				might result by reason of the action. For the purpose of any proceeding, civil
				or criminal, arising out of a report or disclosure in accordance with this
				provision, the good faith of any person, institution or agency so reporting or
				disclosing shall be presumed. The full extent of the immunity shall apply to
				any person, institution or agency that fails to make a report or disclosure in
				the good faith belief that the report or disclosure would violate federal
				regulations governing the confidentiality of alcohol and drug abuse patient
				records under 42 USC 290dd-3 and 290ee-3 (see Confidentiality Act, Section
				12(b)).
b) The clinician making the
				determination that the person poses a clear and present danger or making the
				determination that the person has a developmental disability and his or her
				employer may not be held criminally, civilly or professionally liable for
				making or not making the notification required under this Section, except for
				willful or wanton misconduct (see Sections 6-103.2 and 6-103.1 of the MHDD Code
				and Section
				8.1 of the FOID
				Act).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart B - MENTAL HEALTH FACILITY REPORTING › Section 150.100 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Inpatient mental
				health facilities are required to report to DHS all persons who are prohibited
				from obtaining a FOID Card under Section 8(e), (f), (g), (r), (s) and/or (t) of
				the FOID Act.
1) Those provisions cover the
				following situations:
A) a person who has been
				a patient of a mental health facility within the past 5 years (see Section 8(e)
				of the FOID Act);
B) a person who
				had been a patient in a mental health facility more than 5 years ago who has
				not received the certification required under Section 8(u) of the FOID Act (see
				Section 8(e) of the FOID Act);
C) a
				person who is a clear and present danger to himself or herself, any other
				person or persons, or the community (see Section 8(f) of the FOID
				Act);
D) a person who is
				intellectually disabled (see Section 8(g) of the FOID Act);
E) a person who has been adjudicated as a
				mentally disabled person (see Section 8(r) of the FOID Act);
F) a person who has been found to be
				developmentally disabled (see Section 8(s) of the FOID Act); or
G) a person involuntarily admitted into a
				mental health facility (see Section 8(t) of the FOID Act).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart B - MENTAL HEALTH FACILITY REPORTING › Section 150.110 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
Persons who are reported by mental health facilities shall
				  remain in the database unless removed under Section
				  150.120 or
				  150.500.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart B - MENTAL HEALTH FACILITY REPORTING › Section 150.120 - Error Correcting

Current through Register Vol. 48, No. 28, July 12, 2024
The mental health facility reporting the information shall be
				  responsible for assuring the accuracy of the information it provides to the
				  database and shall correct any of its errors.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart C - CLINICIAN REPORTING › Section 150.200 - Reporting of Developmental Disabilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrespective of whether the clinician is
				employed by the State or privately, the clinician shall notify DHS within 24
				hours after making the determination that the person has a developmental
				disability.
b) DHS shall establish
				a web-based reporting platform. DHS shall update its records and information
				and shall notify ISP. Information disclosed under this Section shall remain
				privileged and confidential, and shall not be re-disclosed, except as required
				under Section 3.1(e) of the FOID Act, nor used for any other purpose. The
				method of providing this information shall guarantee that the information is
				not released beyond that necessary for the purpose of this Section.
c) The identity of the clinician reporting
				under this Section shall not be disclosed to the person who is the subject of
				the report.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart C - CLINICIAN REPORTING › Section 150.210 - Reporting of Clear and Present Danger

Current through Register Vol. 48, No. 28, July 12, 2024
a) Irrespective of whether the clinician is
				employed by the State or privately, the clinician shall notify DHS within 24
				hours after making the determination that the person poses a clear and present
				danger as that term is defined in Section
				1.1 of the FOID
				Act.
b) DHS shall establish a
				web-based reporting platform. DHS shall update its records and information and
				shall notify ISP. Information disclosed under this Section shall remain
				privileged and confidential and shall not be re-disclosed, except as required
				under Section 3.1(e) of the FOID Act, nor used for any other purpose. The
				method of providing this information shall guarantee that the information is
				not released beyond that necessary for the purpose of this Section.
c) The identity of the clinician reporting
				under this Section shall not be disclosed to the person who is the subject of
				the report.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart C - CLINICIAN REPORTING › Section 150.220 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
Persons who are reported by a clinician shall permanently
				  remain in the database unless removed under Section
				  150.230
				  or
				  150.500.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart C - CLINICIAN REPORTING › Section 150.230 - Error Correcting

Current through Register Vol. 48, No. 28, July 12, 2024
The clinician shall be responsible for assuring the accuracy
				  of the information he or she provides to the database and shall correct any of
				  his or her errors.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart D - DATABASE USE › Section 150.400 - Database Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) The information
				maintained in the database shall be used to assist ISP in determining
				eligibility for a Firearm Owner's Identification Card under the FOID Act. The
				process used shall be to cross-reference entries in the DHS FOID database file
				against entries in the database file of FOID card applicants and current
				cardholders supplied by ISP. Only those entries that are common to both
				database files shall be forwarded to ISP for further action.
b) As provided in Section 3.1(e)(2) of the
				FOID Act and in the Memorandum of Understanding developed pursuant to Section
				150.600,
				certain information may be provided to the National Instant Criminal Background
				Check System Index, Denied Persons Files ( 28 CFR 25 ).
c) The DHS database is prohibited from
				additional uses not associated with the FOID Act.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart E - APPEALS › Section 150.500 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appeals may be
				made by utilizing the provisions of 20 Ill. Adm. Code 1230.
b) An individual whose adjudication as a
				mentally disabled person has been overturned by the court system may submit a
				copy of the court order. Upon verification and consultation with ISP, the
				adjudication that has been overturned by the court order may be removed from
				the database.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 150 - MENTAL HEALTH REPORTING FOR FIREARM OWNER'S IDENTIFICATION CARD › Subpart F - MEMORANDUM OF UNDERSTANDING › Section 150.600 - Memorandum of Understanding

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 3.1(e)(2) of the FOID Act, ISP and DHS
				  shall, in accordance with State and federal law regarding confidentiality,
				  enter into a memorandum of understanding with the Federal Bureau of
				  Investigation for the purpose of implementing the National Instant Criminal
				  Background Check System in this State. ISP shall report the name, date of
				  birth, and physical description of any person prohibited from possessing a
				  firearm pursuant to the FOID Act or
				  18
				  USC 922(g) and (n) to the
				  National Instant Criminal Background Check System Index, Denied Persons Files (
				  28 CFR 25 ).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 270 - AUTISM RESEARCH FUND SCIENTIFIC REVIEW COMMITTEE › Section 270.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For the purposes of this Part, the following terms are
				defined:
"Autism" means a severely incapacitating life-long
				developmental disability that:
may be manifested before a person is 30 months of age;
may be caused by physical disorders of the brain; and
is characterized by uneven intellectual development and a
				combination of disturbances in the rates and sequences of cognitive, affective,
				psychomotor, language and speech development.
This syndrome is further evidenced by abnormal responses to
				sensory stimuli, problems in developing social relationships, and ritualistic
				and compulsive behavior.
"Autism Research Fund" means a special fund in the State
				Treasury that is for the purpose of funding research concerning autism.
"Autism Task Force" means the task force appointed by the
				Secretary of the Department of Human Services that offers policy
				recommendations on autism services to the Secretary and that assisted in
				preparing the September 1, 2005 report to the Governor and the General Assembly
				required by Public Act 93-773.
"Department" means the Illinois Department of Human
				Services.
"Research" means, without limitation, expenditures to develop
				and advance the understanding, techniques, and modalities effective in the
				detection, prevention, screening, and treatment of autism and may include
				clinical trials.
"Scientific Review Committee" means the body mandated by
				Section 10-8 of the Department of Human Services Act [20
				ILCS 1305/10-8 ] to review and assess applications for
				the grants authorized by that statute.
"Secretary" means the Secretary of the Illinois Department of
				Human Services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 270 - AUTISM RESEARCH FUND SCIENTIFIC REVIEW COMMITTEE › Section 270.30 - Role of the Scientific Review Committee

Current through Register Vol. 48, No. 28, July 12, 2024
A Scientific Review Committee shall make recommendations to the
				Department regarding the award of grants from funds appropriated from the
				Autism Research Fund. The funds are to be used to support research concerning
				autism. The Scientific Review Committee's recommendations shall be based on its
				review and assessment of applications for these grants.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 270 - AUTISM RESEARCH FUND SCIENTIFIC REVIEW COMMITTEE › Section 270.40 - Membership and Operations of the Scientific Review Committee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Scientific Review Committee shall
			 develop specific objectives and internal procedures necessary to receive grant
			 applications, review grant applications and form recommendations to the
			 Department;
b) The committee shall
			 serve without compensation;
c) The
			 Scientific Review Committee shall consist of:
1) the Clinical Director of the Department's
			 Division of Developmental Disabilities, or designee, who shall serve as Chair
			 and who shall only vote in case of a tie among the members of the Scientific
			 Review Committee, so long as a quorum of 5 members (including the Chair) is
			 present and voting;
2) the Clinical
			 Director of the Department's Division of Mental Health, or designee;
3) one doctoral level psychologist who is an
			 employee of the Division of Developmental Disabilities, appointed by the
			 Director of the Division of Developmental Disabilities;
4) one doctoral level psychologist who is an
			 employee of the Division of Mental Health, appointed by the Director of the
			 Division of Mental Health;
5) one
			 employee of the Division of Developmental Disabilities who has two or more
			 years experience in direct clinical services, appointed by the Director of the
			 Division of Developmental Disabilities;
6) one employee of the Division of Mental
			 Health who has two or more years experience in direct clinical services,
			 appointed by the Director of the Division of Mental Health; and
7) two representatives from the Autism Task
			 Force, to be selected by the Autism Task Force.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 270 - AUTISM RESEARCH FUND SCIENTIFIC REVIEW COMMITTEE › Section 270.50 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 applications shall include the following:
1)
			 the applicant's name, address, telephone number, and FAX and teletypewriter
			 (TTY) numbers, if available.
2) the
			 curriculum vitae of the principal researcher;
3) a one-page, non-technical abstract
			 including a description of the significance of the applicant's project for
			 autism research;
4) the Taxpayer
			 Identification Number (TIN);
5) the
			 signature of an agency official authorized to certify the
			 application;
6) the dates of the
			 project period;
7) a detailed
			 budget for the funding period, providing sufficient resources to carry out the
			 project. The budget shall be by line item category and shall provide sufficient
			 detail to justify the use of grant funds to support project activities. The
			 applicant shall indicate the total cost of conducting the project, the
			 anticipated funding request for the second and third years of the project ( if
			 applicable), the source of other funds supporting the project, and the amount
			 of support requested from the Department; and
8) a signed statement of assurances
			 indicating compliance with applicable State and federal requirements, such as
			 the Fiscal Control and Internal Auditing Act [30 ILCS 10 ], bribery
			 certification, contract debarment, unlawful discrimination, Illinois Human
			 Rights Act [775 ILCS 5 ], federal civil rights statutes (18 USC), Drug Free
			 Workplace Act [30 ILCS 580 ], Davis-Bacon Act ( 40 USC 276 a through 276a-5 ),
			 conflict of interest provisions specified in the Illinois Purchasing Act [30
			 ILCS 505 ], the Americans With Disabilities Act (
			 42 USC 12101
			 et seq.), and the protection of the confidentiality of services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart A - GENERAL PROVISIONS › Section 299.110 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
Any rules of an agency of the United States or the State of
				  Illinois or of a nationally-recognized organization or association that are
				  incorporated by reference in this Part are incorporated as of the date
				  specified and do not include any later amendments or
				  editions.