reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1040 - Computing Monthly Costs of Services Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The liability of recipients and the estates of recipients for
				  services shall be computed in the following manner:
a) Monthly liability established against a
				service recipient in order to secure care is determined by multiplying the per
				diem rate for the secure residential care service provided by the number of
				actual days of service received by the person during the month. The per diem
				rate will be recalculated annually.
b) Monthly liability established against a
				service recipient ordered to conditional release is determined by calculating
				the actual cost of services provided during that month. The phrase "actual
				cost" includes both the administrative costs associated with maintaining the
				service recipient on the conditional release program and the total cost of
				supporting the person in the community, which includes, but is not limited to:
1) sex offender specific treatment and
				ancillary services;
2)
				transportation costs;
3) food and
				groceries;
4) medical/dental
				care;
5) housing and
				utilities;
6) polygraph and/or drug
				testing;
7) electronic
				monitoring/surveillance costs;
8)
				spending cash;
9) cell phone and
				other methods of maintaining contact; and
10) any other costs incurred specific to the
				service recipient.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1050 - Allowances for Unusual Expenses and/or Exceptional Circumstances in Determining Ability to Pay Services Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				an examination or re-examination reveals unusual and/or exceptional
				circumstances indicating that the recipient's income and assets, as reported on
				schedules B and C of the Financial Questionnaire, are not an adequate measure
				to determine ability to pay services charges, allowances for the following
				unusual and/or exceptional circumstances shall be made in the application of
				the schedule of charges:
1) Transfer to
				prison for revocation of probation or subsequent conviction;
2) Provable reduction in income;
3) Additional dependents; and
4) Unforeseen catastrophic
				expenses.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1060 - Petition for Release from or Modification of Services Charges

Current through Register Vol. 48, No. 28, July 12, 2024
Any service recipient who has been issued a Notice of
				  Determination of sums due as service charges may petition the Department for a
				  review of that determination. The appeal process is detailed in 89 Ill. Adm.
				  Code 508, with the exception that a petitioner has 90 days to file an appeal
				  request. The petitioner cannot be represented by another service
				  recipient.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 299 - SEXUALLY VIOLENT PERSONS › Subpart I - REIMBURSEMENTS › Section 299.1070 - Actions for Collection of Services Charges

Current through Register Vol. 48, No. 28, July 12, 2024
a) When it is necessary for the Department to
				disclose information in order to collect services charges, that disclosure
				shall be limited to information needed to pursue collection, and the
				information disclosed shall not be used for any other purpose, nor shall it be
				redisclosed except in connection with collection activities.
b) Upon request of the Department, the Office
				of Attorney General, or the State's Attorney of the county in which a service
				recipient who is liable under the Act for payment of services charges resides,
				shall institute appropriate legal action against any such recipient, or, within
				the time provided by law, shall file a claim against the estate of a deceased
				recipient for unpaid services charges.
c) The court shall order the payment of sums
				due for services charges for such period or periods as the circumstances
				require. The order may be:
1) entered against
				any person; and
2) based upon the
				proportionate ability of each person to contribute to the payment of sums
				representing services charges, including the actual charges for services in
				facilities outside the Department when the Department has paid those
				charges.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.10 - Authority and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority. The Office of State Guardian exists as a division of the
			 Guardianship and Advocacy Commission created by the Guardianship and Advocacy
			 Act (GAC Act) [20 ILCS 3955] and shall serve as guardian of the person or
			 estate, or both, for a ward when it has been appointed to do so by a court. The
			 GAC Act further charges that the Commission shall evaluate a ward's ability to
			 pay for guardianship services received and charge fees for those services.
			 Section 27-1 of the Probate Act of 1975 [755 ILCS 5] permits a guardian to be
			 awarded reasonable fees for services rendered pursuant to the guardianship
			 appointment, upon approval of the court.
b) Purpose. The purpose of this Part and its
			 fee schedules is to establish the procedures to be used in assessing fees
			 against a ward or a ward's estate. A one-time initial fee shall be assessed for
			 the establishment of the guardianship case. Fees shall be assessed monthly for
			 guardianship services. Additional fees shall be assessed for guardianship
			 petitioning and the sale or management of real or personal property.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.30 - Assessment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Assessment -
			 In General
1) Except as provided in
			 subsections (c) and (e), all wards with liquid assets on the date of the OSG's
			 appointment shall be assessed a one-time case opening fee for establishment of
			 the case by OSG. Rates are set forth in Section
			 301.60.
			 Case opening fees shall be assessed for each appointment, including a
			 re-appointment as guardian for the same ward more than 6 months after the
			 termination of a prior appointment, temporary or otherwise, involving similar
			 powers and duties.
2) A monthly fee
			 for guardianship services other than petitioning for appointment of guardians
			 and sale or management of real or personal property shall be assessed against
			 all wards with liquid assets on any day during the month, in accordance with
			 the schedule set forth in Section 301.60. In addition, in all cases in which
			 OSG serves as representative payee under programs administered by the Social
			 Security Administration, the Railroad Retirement Board, or similar programs, or
			 serves as protective payee for the receipt of private pension funds, the fee
			 for providing representative payee services shall be in accordance with Social
			 Security Administration and Railroad Retirement Board regulations and/or
			 guidelines.
3) Fees for
			 guardianship petitioning services shall be assessed upon the entry of a court
			 order finally disposing of the petition for appointment of a guardian, in
			 accordance with the schedule set forth in Section 301.60. Guardianship
			 petitioning fees shall be in addition to case opening fees, monthly
			 guardianship services fees, and fees for the sale or management of real or
			 personal property.
4) Fees for the
			 sale of real or personal property shall be assessed when a sale is completed,
			 or at the time of the final account. If no sale takes place during the OSG's
			 term as guardian, fees for management of real or personal property shall be
			 assessed at the time of the final account, in either case, in accordance with
			 the fee schedule set forth in Section 301.60. Fees for the sale or management
			 of a ward's property shall be in addition to case opening, monthly guardianship
			 services, and guardianship petitioning fees, in accordance with the fee
			 schedule in Section 301.60.
5) No
			 fees for guardianship services shall be assessed on estates if OSG determines
			 that financial hardship would result for the ward.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.40 - Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice - In
			 General. A ward or a ward's estate shall not be charged for guardianship
			 services unless the ward is given prior written notice pursuant to the
			 procedure set forth below.
b)
			 Notice - Procedure to be Used. Prior to requesting court approval for the
			 assessment or collection of fees, a written notice shall be given to the ward,
			 advising the ward that the ward or the ward's estate will be charged for
			 guardianship services. This notice shall be delivered to the ward in person or
			 by mail at least 10 calendar days prior to the collection of fees. The notice
			 shall be issued in all cases where fees may be assessed by OSG. A single notice
			 of assessment is sufficient for the purpose of this Part, so long as the notice
			 describes the type of fee that OSG may assess and the amount of the
			 fee.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 301 - FEE SCHEDULE FOR THE OFFICE OF STATE GUARDIAN › Section 301.60 - Fee Schedules

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Statutory Authority for Assessment of Fees. The Commission, under Section 5(i)
			 of the GAC Act, is given the power to collect fees for its legal and
			 guardianship services.
b) Procedure
			 for Changing Fee Schedule. The following fees constitute a base rate as of July
			 1, 2020. The fees included in this schedule shall automatically increase on the
			 first day of each State fiscal year thereafter in accordance with the increase,
			 if any, in the consumer price index (urban consumers, Chicago Metro Area, as
			 published by the Bureau of Labor Statistics
https://www.bls.gov/cpi/regional-resources.htm
),
			 but in no event more than 5% per year. Any changes in the fees based on CPI
			 changes will be reflected in the Part and will be made available to the public
			 by GAC at
http://gac.illinois.gov
.
c) Schedule for the Assessment of One-Time
			 Case Opening Fees
1)
Guardianship of the Person
$500
2)
Guardianship of the Estate
$750
3)
Guardianship of the Person and Estate
$1000
d)
			 Schedule for the Assessment of Monthly Guardianship Services Fees
1) Person Cases $250
2) Estate Cases:
Total Value of Liquid Assets
Monthly Fee
$24,999 and below
$300
$25,000 and above
Usual, customary and reasonable fees, for public or
						  appointed guardians in the county where the case is filed
3)
			 Representative Payee Cases
The monthly fee will be in compliance with current Social
				Security and Railroad Retirement regulations and/or guidelines.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.10 - Authority and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority
The Human Rights Authority exists as a division of the
				Guardianship and Advocacy Commission created by the Guardianship and Advocacy
				Act [20 ILCS 3955 ], and shall consist of as many regional authorities as the
				Commission may see fit to appoint pursuant to Section 5(a) of the Act.
b) Purpose
Each regional authority shall investigate all nonfrivolous
				complaints within its authority and competence alleging that the rights of an
				eligible person have been violated and may conduct investigations upon its own
				initiative if it has reason to believe the rights of a person have been
				violated (Section 16 of the Act). For purposes of this Part criteria for
				investigation will include but not be limited to violations of the Mental
				Health and Developmental Disabilities Code [405 ILCS 5 ], the Mental Health and
				Developmental Disabilities Confidentiality Act [740 ILCS 110 ] and the Nursing
				Home Care Act [210 ILCS 45 ].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.30 - Membership and Organization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Membership
Each regional authority shall consist of9members appointed by
				theCommission (Section 14 of the Act).
b) Duration of Term
Members of theregional authoritiesshall serve for a term
				of3years. No member shall serve for more than2consecutive3year terms. (Section
				14 of the Act) After a one-year absence, if a vacancy occurs on a regional
				authority the Commission may appoint a former member who satisfactorily served
				prior terms of appointment.
c) Removal of Member
1) The Commission on its own initiative may
			 remove for incompetence, neglect of duty, or malfeasance in office any member
			 of a regional authority. (Section 14 of the Act)
2) A regional authority shall recommend to
			 the Commission the removal of one of its members if:
A) the regional authority has given written
			 notice to the member of its intention to recommend removal and the reason for
			 the removal; and
B) the member is
			 given an opportunity at the next regularly scheduled meeting of the authority
			 to explain, either orally or in writing, why a recommendation of removal shall
			 not be made; and
C) a majority vote
			 of the regional authority members in attendance and constituting a quorum of
			 the regional authority at a regularly scheduled or special meeting, for good
			 cause shown, votes to recommend the member's removal; and
D) a written request for removal is made to
			 the Commission with a statement of the reasons for the removal, together with
			 any explanation offered by the member to the members of the regional authority;
			 a copy of the request shall also be forwarded to the member.
3) A member who misses 3
			 consecutive meetings shall be notified by the regional authority that failure
			 to attend the next meeting, unless for reasons beyond the member's control,
			 shall result in a request for the member's removal.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.40 - Meetings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Annual Meeting
The annual meeting of each regional authority shall convene in
				June for the purpose of electing officers and for any other business that may
				be brought before it.
b)
			 Regular Meetings
Each regional authority shall meet not less than once
				every two months.
c) Special Meetings
Meetings may also be held upon call of the Regional
				Chairperson or upon written request of any five members of the Regional
				Authority.
d)
			 Quorum
Five members shall constitute a quorum.
(Section 14 of the Act)
e)
			 Voting on Actions
Except as provided in Section
				310.50(c)
				and
				310.70(c)(3) and
				(e), no action shall be taken at any meeting
				of a regional authority except upon a majority vote of the members in
				attendance and constituting a quorum.
f) Notice
Each regional authority shall give public notice of its
				schedule of regular meetings at the beginning of each calendar year, including
				the dates, times, and places of meetings, if known. Public notice of any
				special meeting or reconvened regular meeting shall be given at least 48 hours
				before the meeting. However, this requirement of public notice of reconvened
				meetings does not apply to a meeting reconvened within 24 hours or when
				announcement of the time and place of the reconvened meeting was made at the
				original meeting and there is no change in agenda. Public notice shall be given
				by posting a copy of the notice at the Commission's offices located in
				Springfield and Chicago, Illinois, and at the regional authority's regional
				office and at the building where the meeting is to be held. In addition, an
				authority shall provide notice of its meetings to any newspaper or radio or
				television station that requests notice.
g) Minutes
Minutes of each meeting shall be recorded by the secretary of
				the authority or designee and a copy retained by the secretary. The minutes,
				except as provided by Section
				310.80(d),
				shall be available, within 7 days after their approval, for public inspection
				at the Commission's offices located in Springfield and Chicago, Illinois and
				the regional authority's regional office.
h) Location of the Meeting Place
Each regional authority shall conduct meetings at locations
				within its regional boundaries so as to facilitate participation by the
				regional authority members and residents of the region.
i) Accessibility of Meeting Place
Each regional authority shall conduct its meetings at
				facilities that are accessible to the mentally and physically
				impaired.
j) Public Comment
A portion of each meeting shall be set aside for comments or
				questions by nonmembers.
k)
			 Open Meetings Act
The meetings of all regional authorities shall be conducted in
				compliance with the provisions of the Open Meetings Act [5 ILCS 120] and the
				Illinois Guardianship and Advocacy Act [20 ILCS 3955].
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.50 - Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recording
			 Complaints
Every complaint received by a regional authority shall be
				recorded in the Human Rights Authority's database.
b) Disposition of Complaints
1) Acceptance
Except as provided in subsection (c), a decision to investigate
				a complaint shall be made upon the majority vote of the members in attendance
				and constituting a quorum at a regularly scheduled or special
				meeting.
2) Non-Acceptance
If a regional authority determines that a complaint does not
				involve the rights of an eligible person or that a complaint is frivolous, the
				regional authority shall not open the investigation.
3) Postponement
A) If the regional authority determines that
			 its investigation of a complaint would jeopardize pending employment,
			 disciplinary or criminal proceedings, the regional authority's investigation
			 shall be postponed until the proceeding is concluded.
B) If the regional authority determines that
			 a conflict of interest exists for that regional authority under Section
			 310.90(f),
			 the regional authority's investigation shall be postponed until the Commission
			 authorizes another regional authority to conduct the investigation pursuant to
			 Section
			 310.60(b).
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.60 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
All investigations instituted by a regional authority shall be
				conducted in a timely, thorough, impartial manner in order to assess the action
				or omission complained of and, if appropriate, to make recommendations based
				upon that assessment.
b)
			 Jurisdiction
Upon recommendation of the Commission's HRA Committee and at a
				meeting of which Commissioners have received proper notification and with a
				quorum present, the Commission may vote to authorize a regional authority to
				initiate one or more investigations into alleged rights violations occurring
				outside its regional boundaries. In the absence of such express authorization,
				a regional authority may conduct an investigation into the violations of an
				eligible person's rights only if the violation is alleged to have occurred
				within its regional boundaries.
c) Approved Investigatory Methods
A regional authority may invoke any or all of the following
				investigative tools:
1) Site Visits,
			 if the service provider is given advance notice of the visit except when there
			 is reason to believe evidence may be concealed or destroyed;
2) Interviews with relevant
			 parties;
3) Analysis of pertinent
			 information;
4) Public
			 Hearings:
5) Referral
A) Referral to an appropriate federal, state
			 or local governmental unit to undertake or to assist in the investigation. Any
			 relevant information obtained through such referral shall be included in the
			 regional authority's final report.
B) The chairperson or regional authority
			 member(s) assigned to a case may assign the regional coordinator to assist the
			 member(s) in the investigation.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.80 - Confidentiality

Current through Register Vol. 48, No. 28, July 12, 2024
a) Policy
Each regional authority shall conduct its meetings and
				investigations and keep its records in compliance with the requirements of
				confidentiality as enumerated in subsections (b) through (f) infra in order to
				uphold the dignity and privacy of eligible persons and their families.
b) Prohibition Against Disclosure
			 of Identifiable Date
No regional authority may disclose to any person any materials
				which identify an eligible person unless the eligible person or legally
				authorized representative consents to such disclosure, except if, and to the
				extent that disclosure may be necessary for the appointment of a guardian for
				such eligible person. Any such consent shall be informed and in writing.
c) Prohibition Against Disclosure
			 at Meetings or Hearings
1) No member shall
			 intentionally refer by name, description or other information that would
			 identify an eligible person or his family during any public meeting or hearing
			 conducted by a regional authority unless the eligible person or legally
			 authorized representative on his behalf consents to such disclosure pursuant to
			 Section
			 310.80(b)
			 of this Part.
2) Every nonmember
			 scheduled to testify at a hearing or wishing to speak at a meeting concerning
			 the alleged violations of an eligible person's rights shall be advised of the
			 provisions of this Section and shall be instructed to use a specific,
			 non-descript identifier (e.g., number) when referring to an eligible person or
			 his family.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 310 - HUMAN RIGHTS AUTHORITY › Section 310.90 - Limitations

Current through Register Vol. 48, No. 28, July 12, 2024
a) When it appears
			 to the Commission or its designee that proposed action by a regional authority
			 is frivolous, beyond the resources or remedial powers or subject matter
			 jurisdiction of the regional authority, or that such action may violate the
			 rights of a client, provider, or other person, or that it may jeopardize an
			 investigation, the Commission or its designee shall disapprove any such action;
			 upon receipt of such disapproval the regional authority shall immediately cease
			 such action pursuant to Section 5(c) of the Act.
b) If a majority of a regional authority
			 wishes to pursue such disapproved action, a written appeal may be submitted to
			 the Chairperson of the Commission with a copy to the Director and to the HRA
			 Committee. No action under appeal shall be taken by the regional authority
			 until a written response is received from the Commission allowing the pursuit
			 of the action.
c) Incurring
			 Obligation
No regional authority shall retain or agree to retain the
				services of any person, or expend or agree to expend any funds or incur or
				agree to incur a financial obligation without the prior written approval of the
				Director or a designee.
d)
			 Legal Action
Pursuant to Section 8(3) of the Act, the authority to institute
				legal proceedings rests solely with the Director.
e) Testimony
All requests for HRA testimony and all prepared HRA testimony,
				shall be submitted to and reviewed by the Commission prior to its presentation
				to any private or public legislative or regulatory body.
f) Conflict of Interest
A potential conflict of interest arises when a regional
				authority receives or initiates a complaint involving the dependent or relative
				of a regional authority member or authority staff, a service provider with whom
				a regional authority member or authority staff has a financial or business
				association, or a complainant who is being represented by a regional authority
				member or authority staff before any service provider or governmental body. To
				avoid any appearance of impropriety and to resolve any potential conflict, the
				regional authority member or authority staff shall not participate in any
				aspect of the handling of the complaint by the regional
				authority.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.100 - Authority and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authority
The Legal Advocacy Service is a division of the Guardianship
				and Advocacy Commission and is statutorily charged with the duty to make
				available legal counsel to persons with disabilities in judicial proceedings
				arising out of the Mental Health and Developmental Disabilities Code, or
				related laws, local, State, or federal. [20
				ILCS 3955/10 ] The Guardianship and Advocacy Act [20
				ILCS 3955 ] (the Act) further charges that the Commission shall evaluate an
				eligible person's ability to pay for legal advocacy services received and
				charge fees for those services.
b) Purpose
The purpose of this Part is to establish the procedures to be
				used in assessing fees for legal advocacy services.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.105 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"Adjusted income" is the difference between income and the
				following expenses: child care and court-ordered child support payments,
				special education services for the client or dependents, for example: speech
				pathology and audiology, psychological services, physical and occupational
				therapy, recreation, early identification and assessment of disabilities in
				children, counseling services, medical services, transportation, school health
				services, social work services, and parent counseling and training, expenses
				related to obtaining or maintaining employment which are not reimbursed by the
				employer, medical or dental expenses, including equipment costs (wheelchairs,
				guidedogs, etc.), expenses of attendant care, and 20 percent of salary to cover
				expenses for taxes, social security and mandatory retirement deductions.
"Eligible clients" are "individuals who have received, are
				receiving, have requested, or may be in need of mental health services", or are
				"developmentally disabled" as defined in the federal Developmental Disabilities
				Services and Facilities Construction Act (
				42 USC
				6001(7) ), or any "person
				with one or more disabilities" as defined in the Disabled Persons
				Rehabilitation Act [20 ILCS 2405 ], as provided in Section 2(g) of the
				Guardianship and Advocacy Act [20 ILCS
				3955/2(g) ].
"Family unit" means the client, the spouse, dependents, and
				parents of minor clients.
"Income" means all financial assistance or resources, but not
				non-liquid assets, available to the client. Assets that will be regarded as
				financial resources in calculating income include cash, savings, checking
				accounts, stocks, bonds, and pensions.
"Legal services" or "legal advocacy services" means legal
				counsel and representation to eligible persons in judicial proceedings arising
				out of the Mental Health and Developmental Disabilities Code [405 ILCS 5 ],
				including but not limited to admission, civil commitment, and legal competency
				and discharge, and to enforce rights or duties arising out of any mental health
				or related laws, local, State, or federal.
"Minor" means a person under 18 years of age.
"Non-liquid assets" means real estate and that personal
				property which does not meet the definition of income.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.110 - Legal Services Without Charge

Current through Register Vol. 48, No. 28, July 12, 2024
The Legal Advocacy Service shall provide free services to
				persons otherwise "eligible" for legal services:
a) whose income is limited to Supplemental
			 Security Income (SSI), Social Security, Temporary Assistance to Needy Families
			 (TANF), or general assistance benefits; or
b) whose adjusted income does not exceed 150%
			 of the federal poverty level for nonfarm families (64 Fed. Reg. 13428, March
			 18, 1999); or
c) pursuant to a
			 court appointment or determination of indigency.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.115 - Fees for Legal Services

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Referral Procedure
Eligible clients whose adjusted income makes them ineligible
				for free legal services (other than an initial consultation) shall have
				contacted a member of the private bar to arrange representation. If requested
				by the client or the client's legal representative, the Legal Advocacy Service
				shall refer the client to a member of the private bar drawn from a list
				provided by the Illinois or local bar association, or maintained by the Legal
				Advocacy Service. Upon finding that the client was unable to make an
				arrangement for representation by a member of the private bar, Legal Advocacy
				Service shall charge the client for legal services in accordance with the
				sliding fee schedule set forth in Section
				350.120 of this
				Part.
b) Emergency Problems
A referral need not be made where the client presents an
				emergency problem which would likely result in immediate or irreparable injury,
				loss, or damage to the claim of the client due to the lapse of time necessary
				to make a referral.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.120 - Sliding Fee Schedule (See Appendix A)

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Legal Advocacy Service shall charge
			 $40 an hour for each hour spent at court or administrative hearings and $30 for
			 each hour otherwise spent in preparation or other representation of a client
			 whose adjusted income exceeds, but is less than or equal to twice, 150% of the
			 federal poverty level.
b) The Legal
			 Advocacy Service shall charge $50 an hour for each hour spent at court or
			 administrative hearings and $40 for each hour spent in preparation or other
			 representation of a client whose adjusted income exceeds twice, but is less
			 than or equal to three times, 150% of the federal poverty level.
c) The Legal Advocacy Service shall charge
			 $60 an hour for each hour spent at court or administrative hearings and $50 for
			 each hour spent in preparation or other representation of a client whose
			 adjusted income exceeds three times 150% of the federal poverty
			 level.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.130 - Postponement of Fee Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Postponement in Fee generating/Contingent Fee Cases.
The Director of the Legal Advocacy Service is authorized to
				postpone payment of fees for legal services in accordance with the sliding fee
				schedule set forth in Section
				350.120 of this Part
				in cases in which an attorney's fee may be awarded or in which a contingent fee
				agreement can be negotiated. The Director shall consider
1) the need of the client for legal services
			 in the client's region of the State, with particular consideration to the
			 client's special difficulties of access to legal services,
2) Legal Advocacy Service staff resources and
			 expertise,
3) the availability of
			 other sources of legal assistance in the particular category of cases or
			 matters,
4) the relative importance
			 of the client's legal problems compared to other clients,
5) the general effect of the resolution of
			 the client's case on other eligible clients,
6) the susceptibility of the client's problem
			 to solution through legal processes,
7) whether legal efforts will complement
			 other efforts to solve the client's problem.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Section 350.135 - Payment of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
			 Notice
No client shall be charged a fee for legal services unless
				given written notice that fees will be charged prior to the provision of legal
				assistance.
b) Billing
The Legal Advocacy Service shall bill the client for legal
				services rendered at least every six months, except as provided in Section
				350.130 of this
				Part.
c) Suspension of
			 Services for Nonpayment
Legal services shall be terminated or suspended if the client
				does not remit payment within six months after billing, consistent with Rule
				1.16 of the Illinois Rules of Professional Conduct (Supreme Court Rules, RPC
				1.116
				). The Legal Advocacy Service Director shall determine whether legal services
				shall be terminated or suspended and notify the client in writing. At the
				request of the client or the client's legal representative, the Director of the
				Commission shall review the Legal Advocacy Service Director's decision, render
				a written decision, and notify the client within 30 days. At the request of the
				client or the client's legal representative, the Commission Chairperson shall
				review the Director of the Commission's decision, render a written decision and
				notify the client within 30 days. The client and the client's legal
				representative may submit additional information to the Director of the
				Commission and Chairperson during their review.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 350 - LEGAL ADVOCACY SERVICE › Appendix A - Sliding Fee Schedule for Legal Services

Current through Register Vol. 48, No. 28, July 12, 2024
Fee (Court/non-court time)
-0-
$40/$30
$50/$40
$60/$50
Size of Family Unit
Maximum Income
Maximum Income
Maximum Income
Maximum Income
1........................................
$ 12,360
$ 24,720
$ 37,080
$ 37,081+
2........................................
16,590
33,180
49,770
49,771+
3........................................
20,820
41,640
62,460
62,461+
4........................................
25,050
50,100
75,150
75,151+
5........................................
29,280
58,560
87,840
87,841+
6........................................
33,510
67,020
100,530
100,531+
7........................................
37,740
75,480
113,220
113,221+
8........................................
41,970*
83,940*
125,910*
125,911*
* For family units with more than 8 members, add $2820 for each
				additional member in a family.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Council on Developmental Disabilities (Council)
				receives funds under the Basic State Grant Program through the Developmental
				Disabilities Assistance and Bill of Rights Act of 2000 (
				42 USC
				6000 ). Pursuant to that Act, the Council
				develops a State Plan that sets forth the advocacy, capacity building and
				systemic change activities related to the priorities in the Act that will be
				implemented by the Council. Priorities generally include, but are not limited
				to, education, housing, employment, transportation, child care, recreation,
				health, early intervention and other community supports that affect the quality
				of life of individuals with developmental disabilities. This Part explains the
				State Plan activities, grants and other administrative
				requirements.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.30 - State Plan Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
The Council, through its members, staff, consultants,
				contractors, subcontractors and grantees, conducts or supports programs,
				projects and activities that carry out its overall responsibilities under the
				Act. The State Plan is developed by the Council and approved by the Council's
				federal funding authority, HHS-Administration on Developmental Disabilities.
				The Council implements the State Plan by conducting initiatives that support
				advocacy, capacity building and systemic change activities, including, but not
				limited to:
a) Outreach activities to
			 identify individuals with developmental disabilities and their families to
			 assist them to obtain community services, individualized supports or other
			 forms of assistance.
b) Training
			 for people with developmental disabilities, their families, personnel and
			 volunteers on obtaining or providing community services, individualized
			 supports or other forms of assistance.
c) Technical assistance to assist the private
			 and public sectors in achieving and contributing to a consumer and family
			 directed system of community services.
d) Supporting and educating communities,
			 businesses and organizations to respond positively to individuals with
			 developmental disabilities and their families.
e) Coordinating with other councils,
			 committees and programs addressing similar issues to benefit people with
			 developmental disabilities.
f)
			 Barrier elimination and system design and redesign to promote access and use of
			 community services by people with developmental disabilities.
g) Coalition development and citizen
			 participation activities that educate the public about the capabilities,
			 preferences and needs of people with developmental disabilities to enhance the
			 policy agenda of the Council.
h)
			 Supporting and conducting studies, gathering information and developing model
			 policies and other information, and making recommendations directly to federal
			 and State policymakers, including members of Congress, the Illinois General
			 Assembly and the Governor.
i)
			 Demonstrating new approaches to services and supports generally on a time
			 limited basis to show new approaches to serving individuals with developmental
			 disabilities as part of an overall strategy for systemic change.
j) Other activities that may support the
			 overall mission of the Council, as identified in the Act.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.40 - Purpose of Grants

Current through Register Vol. 48, No. 28, July 12, 2024
To implement the activities described in Section
				400.30, the Council
				may award grants to qualifying agencies, individuals and organizations. All
				funding decisions are made by the Council or by the Executive Committee, as
				provided in this Part and the Council's bylaws. In general, the Council uses an
				outcome-based framework in developing the State Plan and funding opportunities
				and in the development, review, selection, implementation and monitoring of
				grants. The purpose of grants, how to apply for grants, information considered
				in the review and selection process, procedures used to make the awards,
				post-award monitoring, and other requirements are explained in this
				Part.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.50 - Form of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 funds are available to the Council, the Council shall seek to award the funds
			 consistent with the purposes of the Act, the State Plan, and this
			 Part.
b) The Council provides
			 notice to the public of the availability of these funding opportunities (i.e.,
			 with the exception of non-competitive grants) through, but not limited to, the
			 Council's mailing list, website and other State and local agency
			 websites.
c) The Council will
			 prescribe the form and substance, establish the response date, and impose any
			 funding limitations for proposals.
d) All communications relating to the
			 availability of grant funds, the application form, or the process defined in
			 Section
			 400.60
			 shall be sent to the Investment Coordinator, Illinois Council on Developmental
			 Disabilities, 830 South Spring Street, Springfield, Illinois 62704.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.60 - Review and Selection Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Council staff shall initially review all proposals to identify any history of
			 compliance issues with previous or current grant agreement terms, previous
			 performance in programmatic or fiscal areas, and other indicators relevant to
			 evaluating the applicant's ability to successfully complete the
			 project.
b) Proposals are reviewed,
			 by teams comprised of Council members and staff and may include other experts
			 in the field of developmental disabilities (e.g., experts who possess knowledge
			 about the subject matter at hand that would be helpful for the team to reach a
			 decision) who make recommendations for awards to the Council or the Executive
			 Committee, as described in Section
			 400.40.
c) Awards shall be made in accordance with
			 the following criteria, which are equally weighted:
1) The performance targets or goals are clear
			 and demonstrate that the project will assist the Council in meeting its State
			 Plan performance target;
2) The
			 proposal's implementation plan is clear and will lead to the achievement of the
			 project's performance targets;
3)
			 The proposal sufficiently demonstrates that the applicant has the commitment,
			 capacity and expertise sufficient to achieve the project's performance targets;
			 and
4) The cost or budget to
			 achieve the project's performance targets appears reasonable in view of the
			 proposed goals of the project.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.65 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
Any agency, individual or organization who failed to receive a
				grant award may appeal that decision only on the grounds of fraud or conflict
				of interest. In cases of an agency, individual or organization who received
				notice of suspension or termination that was based on failure to comply with
				the terms and conditions of a grant, an agency, individual or organization may
				appeal that decision. Appeals cannot be made in cases where the Council has had
				a partial or total loss of federal funding or the General Assembly fails to
				appropriate or otherwise make available funds to the Council.
a) A written request for appeal that includes
			 a clear, concise documentation of fraud or conflict of interest must be
			 received by the chairperson of the Council within 30 calendar days after the
			 denial or written notice;
b) Within
			 90 days after receipt of the appeal, the Executive Committee shall convene a
			 meeting and review the documentation submitted by the agency, individual, or
			 organization. Any Executive Committee member who was involved during the
			 development, review or selection process will recuse him or herself from
			 participation in reviewing the appeal. Any Executive Committee member who is
			 affiliated with the individual, agency, or organization requesting the appeal
			 will recuse him or herself. The Executive Committee will decide:
1) No fraud or conflict of interest
			 occurred;
2) Fraud or conflict of
			 interest is evident and the original action should be overturned; or
3) There is evidence that the action to
			 suspend or terminate should be overturned.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.70 - Awards, Grant Agreements, Conditions and Disbursement of Grant Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a grant has
			 been awarded, the grantee and the Council shall execute an agreement. The
			 agreement shall be executed between the grantee and the Council's Director, or
			 the Director's designee, on behalf of the Council.
b) Disbursement of grant funds.
			 Notwithstanding selection for a grant award pursuant to this Part, disbursement
			 of grant funds is contingent upon the submission of a fully executed grant
			 agreement.
c) The grant agreement
			 will be drafted by the Council and shall contain appropriate substantive
			 provisions, including, but not limited to, the following:
1) A recitation of legal authority pursuant
			 to which the agreement is made;
2)
			 An identification of the project scope and schedule, including a specified time
			 period for the grantee's performance and the work or services to be performed
			 or conducted by the grantee;
3) An
			 identification of the grant amount;
4) A promise by the grantee not to assign or
			 transfer any of the rights, duties or obligations of the grantee without the
			 prior written consent of the Council;
5) A promise by the grantee not to amend the
			 agreement without the written consent of the Council; and
6) A covenant that the grantee shall expend
			 the grant amount and any accrued interest only for the purposes of the project
			 as stated in the agreement and approved by the Council.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.80 - Administrative and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grant monitoring - The Council monitors
			 the progress of grant-funded projects and expenditures through a variety of
			 mechanisms, including, but not limited to, communications with grantees;
			 periodic site visits by Council staff; payment requests; written reports; and
			 final expenditure reports submitted by grantees. Grantees must permit any agent
			 authorized by the Council, upon presentation of credentials, in accordance with
			 constitutional limitations on administrative searches, to have full access to
			 and the right to examine any documents, papers and records of the grantee
			 relating to the Council's grant.
b)
			 Audits - All grantees that receive Council grant funds shall comply with the
			 Council's requirements concerning audits as outlined in this subsection. The
			 Council will provide grantees with guidelines regarding audit requirements for
			 all awards. In general:
1) All grantees are
			 asked to submit a copy of routinely performed audits.
2) The Council may arrange and pay for
			 limited scope audits or financial reviews of grantees expending $100,000 or
			 less in Council funds.
3) Any
			 governmental or non-profit agency required to undergo a Single Audit pursuant
			 to the Single Audit Act Amendments of 1996 may include the Council's portion of
			 the audit in the proposed budget. For-profit grantees expending $500,000 in
			 funds solely from the Council are required to procure an audit of the
			 project.
Illinois Administrative Code › Title 59 - MENTAL HEALTH › Part 400 - STATE PLAN, AWARDS AND ADMINISTRATIVE REQUIREMENTS › Section 400.90 - Project Revisions and Extensions

Current through Register Vol. 48, No. 28, July 12, 2024
Budget revisions within the overall award amount, project
				revisions, and extensions of projects beyond the original time frame can be
				negotiated and must be approved by Council staff in advance of implementation
				of any revisions. Revisions to the grantee's performance targets must have
				Council approval before implementation.