Bill Amendment: IL HB0862 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: STATE GOVERNMENT-TECH

Status: 2026-06-16 - Public Act . . . . . . . . . 104-0465 [HB0862 Detail]

Download: Illinois-2025-HB0862-House_Amendment_002.html

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Rep. Bob Morgan

Filed: 4/14/2026

 

 

 

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AMENDMENT TO HOUSE BILL 862
AMENDMENT NO. ______. Amend House Bill 862 by replacing
everything after the enacting clause with the following:
"Section 1. Findings. The General Assembly finds that:
(1) Illinois law recognizes that individuals with
disabilities should have self-determination and retain the
right to make decisions about their own lives and care to the
maximum extent possible.
(2) Illinois has established, as a bedrock principle of
public policy, that support and protection of persons with
disabilities should be unbiased and free from conflicts of
interest.
(3) Fifty years ago, the Governor's Commission for
Revision of the Mental Health Code of Illinois released its
report recommending revisions to the civil and criminal laws
that advance the rights and interests of persons with
disabilities. The report reflected the work of 36 Commission

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members, 47 advisory members, consultants, and staff, engaged
in a process that presented a democratic forum that welded
together the input of many dedicated people into a cohesive
whole.
(4) In 1979, the General Assembly used the recommendations
to address the far-reaching and comprehensive need for
statutory reform that would reflect the historical and
continued progress in the capacity of our people to rise above
prejudice, superstition, and irrational fears, enabling
persons with disabilities to participate more fully in the
total life of our society.
(5) Part of the reform was the establishment of the
Guardianship and Advocacy Commission, which since then has
served as a national leader in protecting the rights and
advancing the rights and interests of persons with
disabilities.
(6) Today, the Guardianship and Advocacy Commission
provides critical services to some of the most vulnerable
residents of this State in accordance with statutory mandates
that are unmatched by any other single agency in the United
States, including:
(A) serving as court-appointed guardian for nearly
5,000 adults with disabilities when no other suitable
person is available;
(B) providing constitutionally mandated, direct legal
representation in more than 7,000 involuntary mental

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health and developmental disability proceedings annually;
and
(C) investigating allegations of disability rights
violations by public and private disability service
providers.
(7) Continued demographic pressures, including the aging
population of this State and the deepening understanding that
persons with disabilities are entitled to full human rights
and equal participation in society, require modernization of
the Guardianship and Advocacy Commission to respond to the
increasing need for its services and the evolving recognition
and affirmation of the inherent dignity, right, and societal
value of persons with disabilities.
Section 3. Purpose. It is the purpose of this Act to
support the modernization of the Guardianship and Advocacy
Commission by establishing the Department of Disability
Advocacy and Guardianship as the successor agency to the
Guardianship and Advocacy Commission. The Department of
Disability Advocacy and Guardianship will maintain and
strengthen this State's commitment to protecting and advancing
the rights of persons with disabilities by retaining the core
statutory duties, authorities, and functions assigned to the
Guardianship and Advocacy Commission while adopting a
governance structure that balances direct accountability with
the independence necessary for effective advocacy.

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Section 5. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-28 as follows:
(15 ILCS 20/50-28)
Sec. 50-28. Youth Budget Commission.
(a) As used in this Section:
"Adolescent" or "youth" means a person between the ages of
8 and 25 years.
"Commission" means the Youth Budget Commission established
under this Section.
"Service models" include the following tiers of service
delivered to adolescents and their families:
(1) Prevention: support for at-risk youth (deterrence,
prevention of harm, extra supports).
(2) Treatment/intervention: respond to significant
challenges in need of direct intervention to change,
resolve or reverse behaviors, conditions, or both.
(3) Corrective/rehabilitation: correct or
rehabilitate acute behaviors or conditions that pose a
physical or psychological danger or threat to adolescents.
(4) Positive Youth Development: build individual
assets and increase competencies.
"Youth developmental goals" are defined as the outcomes of
stable, safe, healthy, educated, employable, and connected,

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which align with the following Budgeting for Results goals:
(1) Stable: meeting the needs of the most vulnerable;
increasing individual and family stability and
self-sufficiency.
(2) Safe: creating safer communities.
(3) Healthy: improving the overall health of
Illinoisans.
(4) Educated: improving school readiness and student
success for all.
(5) Employable: increasing employment and attracting,
retaining and growing businesses.
(6) Connected: strengthening cultural and
environmental vitality.
(b) Subject to appropriation, the Governor shall establish
the Youth Budget Commission with the goal of producing an
annual fiscal scan. The fiscal scan, under the direction of
the Commission, shall be used to advise the Governor and
General Assembly, as well as State agencies, on ways to
improve and expand existing policies, services, programs, and
opportunities for adolescents. The Governor's Office of
Management and Budget shall post a link to the fiscal scan on
its website. For fiscal year 2019 and each fiscal year
thereafter, the Commission established under this Section,
shall complete an analysis of enacted State budget items which
directly impact adolescents. This analysis will categorize
budget items by the 6 identified youth developmental goals and

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4 service models. The analysis will include State agency
expenditures associated with these categories. General State
Aid and federal funds such as Medicaid will be excluded from
the analysis.
The Commission shall also be responsible for: (1)
monitoring and commenting on existing and proposed legislation
and programs designed to address the needs of adolescents; (2)
assisting State agencies in developing programs, services,
public policies, and research strategies that will expand and
enhance the well-being of adolescents; (3) facilitating the
participation of and representation of adolescents in the
development, implementation, and planning of policies,
programs, and community-based services; and (4) promoting
research efforts to document the impact of policies and
programs on adolescents.
(c) The Commission shall collaborate with State agencies,
including the Illinois State Board of Education, the
Department of Human Services, the Department of Children and
Family Services, the Department of Commerce and Economic
Opportunity, the Illinois Student Assistance Commission, the
Department of Healthcare and Family Services, the Department
of Public Health, the Illinois Community College Board, the
Department of Juvenile Justice, the Illinois Criminal Justice
Information Authority, the Department of Military Affairs, the
Illinois Arts Council, the Department of Corrections, the
Board of Higher Education, Department of Disability Advocacy

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and Illinois Guardianship and Advocacy Commission, Department
on Aging, and others.
(d) The Commission shall be comprised of 15 members
appointed by the Governor. Each member shall have a working
knowledge of youth development, human services, and economic
public policy in Illinois. One chairperson shall be a
representative of a statewide nonprofit children and family
services organization who has previously completed a similar
analysis of the Illinois State budget. The other chairperson
shall be a member of the General Assembly. Of the remaining
members:
(1) at least one member representing an organization
that has expertise in the needs of low-income youth;
(2) at least one member representing an organization
that has expertise in the needs of youth of color;
(3) at least one member representing an organization
that has expertise in the needs of youth who are
immigrants or are children of immigrants;
(4) at least one member representing an organization
that has expertise in the needs of youth who identify as
LGBTQ, gender non-conforming, or both;
(5) at least one member representing an organization
that has expertise in the needs of youth who are
disconnected from traditional educational systems;
(6) at least one member representing an organization
that has expertise in the needs of youth who are

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experiencing homelessness; and
(7) at least one member representing an organization
that has expertise in the needs of youth and young adults
involved with the justice system.
Commission members shall reflect regional representation
to ensure that the needs of adolescents throughout the State
of Illinois are met. Members will serve without compensation,
but shall be reimbursed for Commission-related expenses. Of
the initial members appointed under this Section: 5 members
shall serve for a 3-year term; 5 members shall serve for a
4-year term; and 5 members shall serve for a 5-year term. Their
successors shall serve for 5-year terms.
(e) The Governor's Office of Management and Budget shall
provide administrative support to the Commission.
(Source: P.A. 100-818, eff. 8-13-18.)
Section 10. The Youth Homelessness Prevention Subcommittee
Act is amended by changing Section 20 as follows:
(15 ILCS 60/20)
Sec. 20. Membership. The Youth Homelessness Prevention
Subcommittee shall include the following members:
(1) One representative from the Governor's office.
(2) The Director of the Department of Children and
Family Services.
(3) The Director of the Department of Healthcare and

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Family Services.
(4) The Secretary of the Department of Human Services.
(5) The Director of the Department of Juvenile
Justice.
(6) The Director of the Department of Corrections.
(7) The Director of the Department of Public Health.
(8) The Director of the Department of Disability
Advocacy and Guardianship and Advocacy Commission.
(9) Four representatives from agencies serving
homeless youth.
(10) One representative from a homeless advocacy
organization.
(11) One representative from a juvenile justice
advocacy organization.
(12) Four youth who have a lived experience with
homelessness.
(Source: P.A. 101-98, eff. 1-1-20.)
Section 15. The Civil Administrative Code of Illinois is
amended by changing Sections 5-15 and 5-20 and by adding
Sections 5-218, 5-348, and 5-543 as follows:
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.

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The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Disability Advocacy and
Guardianship.
The Department of Early Childhood.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional
Regulation.
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Illinois State Police.
The Department of Transportation.
The Department of Veterans Affairs.

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(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall
have an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the
Civil Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of Disability Advocacy and Guardianship, for
the Department of Disability Advocacy and Guardianship.
Director of the Illinois Emergency Management Agency,
for the Illinois Emergency Management Agency.
Secretary of Early Childhood, for the Department of

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Early Childhood.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation,
for the Department of Financial and Professional
Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of
Human Services.
Secretary of Innovation and Technology, for the
Department of Innovation and Technology.
Director of Insurance, for the Department of
Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the
Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of
Public Health.
Director of Revenue, for the Department of Revenue.

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Director of the Illinois State Police, for the
Illinois State Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans Affairs, for the Department of
Veterans Affairs.
(Source: P.A. 103-594, eff. 6-25-24; 104-234, eff. 8-15-25.)
(20 ILCS 5/5-218 new)
Sec. 5-218. Director of Disability Advocacy and
Guardianship. The Director of Disability Advocacy and
Guardianship shall be a person thoroughly conversant with the
purposes of the Guardianship and Advocacy Act, actively
interested in the development of programs to advocate for
individuals with disabilities, and not affiliated with any
entity that provides services to individuals with
disabilities.
(20 ILCS 5/5-348 new)
Sec. 5-348. In the Department of Disability Advocacy and
Guardianship. For terms beginning on or after July 1, 2027,
the Director of Disability Advocacy and Guardianship shall
receive an annual salary of $197,000 or as set by the Governor,
whichever is higher. On each July 1 thereafter, the Director
shall receive an increase in salary based on a cost-of-living
adjustment as authorized by Senate Joint Resolution 192 of the

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86th General Assembly.
(20 ILCS 5/5-543 new)
Sec. 5-543. In the Department of Disability Advocacy and
Guardianship. A Disability Advocacy and Guardianship Advisory
Council composed and appointed as provided in the Guardianship
and Advocacy Act.
Section 20. The Department of Innovation and Technology
Act is amended by changing Section 1-5 as follows:
(20 ILCS 1370/1-5)
Sec. 1-5. Definitions. In this Act:
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferred agency that is
responsible for the information technology functions of the
transferred agency.
"Department" means the Department of Innovation and
Technology.
"Information technology" means technology,
infrastructure, equipment, systems, software, networks, and
processes used to create, send, receive, and store electronic
or digital information, including, without limitation,
computer systems and telecommunication services and systems.
"Information technology" shall be construed broadly to
incorporate future technologies that change or supplant those

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in effect as of the effective date of this Act.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission under the jurisdiction of the Governor to which
the Department provides services.
"Transferred agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,
Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the Department
of Disability Advocacy and Guardianship and Advocacy
Commission; the Abraham Lincoln Presidential Library and
Museum; the Illinois Arts Council; the Illinois Council on
Developmental Disabilities; the Illinois Emergency Management
Agency; the Illinois Gaming Board; the Illinois Liquor Control

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Commission; the Office of the State Fire Marshal; the Prisoner
Review Board; and the Department of Early Childhood.
(Source: P.A. 103-588, eff. 6-5-24; 104-195, eff. 1-1-26.)
Section 25. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 4.3 and 14 as follows:
(20 ILCS 1705/4.3) (from Ch. 91 1/2, par. 100-4.3)
Sec. 4.3. Site visits and inspections.
(a) (Blank).
(b) The Department shall establish a system of regular and
ongoing on-site inspections that shall occur at least annually
of each facility under its jurisdiction. The inspections shall
be conducted by the Department's central office to:
(1) Determine facility compliance with Department
policies and procedures;
(2) Determine facility compliance with audit
recommendations;
(3) Evaluate facility compliance with applicable
federal standards;
(4) Review and follow up on complaints made by
community mental health agencies and advocates, and on
findings of the Division of Disability Human Rights and
Protections Authority division of the Department of
Disability Advocacy and Guardianship and Advocacy

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Commission;
(5) Review administrative and management problems
identified by other sources; and
(6) Identify and prevent abuse and neglect.
(Source: P.A. 95-427, eff. 1-1-08.)
(20 ILCS 1705/14) (from Ch. 91 1/2, par. 100-14)
Sec. 14. Chester Mental Health Center. To maintain and
operate a facility for the care, custody, and treatment of
persons with mental illness or habilitation of persons with
developmental disabilities hereinafter designated, to be known
as the Chester Mental Health Center.
Within the Chester Mental Health Center there shall be
confined the following classes of persons, whose history, in
the opinion of the Department, discloses dangerous or violent
tendencies and who, upon examination under the direction of
the Department, have been found a fit subject for confinement
in that facility:
(a) Any male person who is charged with the commission
of a crime but has been acquitted by reason of insanity as
provided in Section 5-2-4 of the Unified Code of
Corrections.
(b) Any male person who is charged with the commission
of a crime but has been found unfit under Article 104 of
the Code of Criminal Procedure of 1963.
(c) Any male person with mental illness or

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developmental disabilities or person in need of mental
treatment now confined under the supervision of the
Department or hereafter admitted to any facility thereof
or committed thereto by any court of competent
jurisdiction.
If and when it shall appear to the facility director of the
Chester Mental Health Center that it is necessary to confine
persons in order to maintain security or provide for the
protection and safety of recipients and staff, the Chester
Mental Health Center may confine all persons on a unit to their
rooms. This period of confinement shall not exceed 10 hours in
a 24-hour 24 hour period, including the recipient's scheduled
hours of sleep, unless approved by the Secretary of the
Department. During the period of confinement, the persons
confined shall be observed at least every 15 minutes. A record
shall be kept of the observations. This confinement shall not
be considered seclusion as defined in the Mental Health and
Developmental Disabilities Code.
The facility director of the Chester Mental Health Center
may authorize the temporary use of handcuffs on a recipient
for a period not to exceed 10 minutes when necessary in the
course of transport of the recipient within the facility to
maintain custody or security. Use of handcuffs is subject to
the provisions of Section 2-108 of the Mental Health and
Developmental Disabilities Code. The facility shall keep a
monthly record listing each instance in which handcuffs are

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used, circumstances indicating the need for use of handcuffs,
and time of application of handcuffs and time of release
therefrom. The facility director shall allow the Department of
Disability Advocacy and Illinois Guardianship and Advocacy
Commission, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and the Department to examine
and copy such record upon request.
The facility director of the Chester Mental Health Center
may authorize the temporary use of transport devices on a
civil recipient when necessary in the course of transport of
the civil recipient outside the facility to maintain custody
or security. The decision whether to use any transport devices
shall be reviewed and approved on an individualized basis by a
physician, an advanced practice registered nurse, or a
physician assistant based upon a determination of the civil
recipient's: (1) history of violence, (2) history of violence
during transports, (3) history of escapes and escape attempts,
(4) history of trauma, (5) history of incidents of restraint
or seclusion and use of involuntary medication, (6) current
functioning level and medical status, and (7) prior experience
during similar transports, and the length, duration, and
purpose of the transport. The least restrictive transport
device consistent with the individual's need shall be used.
Staff transporting the individual shall be trained in the use
of the transport devices, recognizing and responding to a

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person in distress, and shall observe and monitor the
individual while being transported. The facility shall keep a
monthly record listing all transports, including those
transports for which use of transport devices was not sought,
those for which use of transport devices was sought but
denied, and each instance in which transport devices are used,
circumstances indicating the need for use of transport
devices, time of application of transport devices, time of
release from those devices, and any adverse events. The
facility director shall allow the Department of Disability
Advocacy and Illinois Guardianship and Advocacy Commission,
the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act, and the Department to examine and copy the
record upon request. This use of transport devices shall not
be considered restraint as defined in the Mental Health and
Developmental Disabilities Code. For the purpose of this
Section "transport device" means ankle cuffs, handcuffs, waist
chains or wrist-waist devices designed to restrict an
individual's range of motion while being transported. These
devices must be approved by the Division of Mental Health,
used in accordance with the manufacturer's instructions, and
used only by qualified staff members who have completed all
training required to be eligible to transport patients and all
other required training relating to the safe use and
application of transport devices, including recognizing and

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responding to signs of distress in an individual whose
movement is being restricted by a transport device.
If and when it shall appear to the satisfaction of the
Department that any person confined in the Chester Mental
Health Center is not or has ceased to be such a source of
danger to the public as to require his subjection to the
regimen of the center, the Department is hereby authorized to
transfer such person to any State facility for treatment of
persons with mental illness or habilitation of persons with
developmental disabilities, as the nature of the individual
case may require.
Subject to the provisions of this Section, the Department,
except where otherwise provided by law, shall, with respect to
the management, conduct and control of the Chester Mental
Health Center and the discipline, custody and treatment of the
persons confined therein, have and exercise the same rights
and powers as are vested by law in the Department with respect
to any and all of the State facilities for treatment of persons
with mental illness or habilitation of persons with
developmental disabilities, and the recipients thereof, and
shall be subject to the same duties as are imposed by law upon
the Department with respect to such facilities and the
recipients thereof.
The Department may elect to place persons who have been
ordered by the court to be detained under the Sexually Violent
Persons Commitment Act in a distinct portion of the Chester

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Mental Health Center. The persons so placed shall be separated
and shall not comingle with the recipients of the Chester
Mental Health Center. The portion of Chester Mental Health
Center that is used for the persons detained under the
Sexually Violent Persons Commitment Act shall not be a part of
the mental health facility for the enforcement and
implementation of the Mental Health and Developmental
Disabilities Code nor shall their care and treatment be
subject to the provisions of the Mental Health and
Developmental Disabilities Code. The changes added to this
Section by this amendatory Act of the 98th General Assembly
are inoperative on and after June 30, 2015.
(Source: P.A. 99-143, eff. 7-27-15; 99-581, eff. 1-1-17;
100-513, eff. 1-1-18.)
Section 30. The Guardianship and Advocacy Act is amended
by changing the title of the Act and Sections 2, 3, 4, 5, 6, 7,
8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 30, 31, 32, 33.5, 34, and 36 as follows:
(20 ILCS 3955/Act title)
An Act concerning the Department of Disability Advocacy
and Guardianship, created to safeguard the rights of and
advocate for persons with disabilities to create the
Guardianship and Advocacy Commission, to safeguard the rights
and to provide legal counsel and representation for eligible

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persons and to create the Office of State Guardian for persons
with disabilities.
(20 ILCS 3955/2) (from Ch. 91 1/2, par. 702)
Sec. 2. As used in this Act, unless the context requires
otherwise:
"Advisory Council" means the Disability Advocacy and
Guardianship Advisory Council created by Section 5-543 of the
Civil Administrative Code of Illinois.
(a) "Authority" means a Human Rights Authority.
(b) "Department Commission" means the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(c) "Director" means the Director of the Department
Guardianship and Advocacy Commission.
(d) "Guardian" means a court-appointed court appointed
guardian for an adult or conservator.
(e) "Services" includes but is not limited to examination,
diagnosis, evaluation, treatment, care, training,
psychotherapy, pharmaceuticals, after-care, habilitation, and
rehabilitation provided for an eligible person.
(f) "Person" means an individual, corporation,
partnership, association, unincorporated organization, or a
government or any subdivision, agency, or instrumentality
thereof.
(g) "Eligible persons" means individuals who have
received, are receiving, have requested, or may be in need of

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mental health services, or are "persons with a "developmental
disability" as defined in the federal Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002(8)) Services and Facilities Construction Act
(Public Law 94-103, Title II), as now or hereafter amended, or
"persons "with one or more disabilities" as defined in the
Rehabilitation of Persons with Disabilities Act.
"Regional board" means a regional board of the Division of
Disability Rights and Protections.
(h) "Rights" includes but is not limited to all rights,
benefits, and privileges guaranteed by law, the Constitution
of the State of Illinois, and the Constitution of the United
States.
(i) "Legal Advocacy Service attorney" means an attorney
employed by or under contract with the Division of Legal
Advocacy Service.
(j) "Service provider" means any public or private
facility, center, hospital, clinic, program, or any other
person devoted in whole or in part to providing services to
eligible persons.
(k) "State Guardian" means the Division Office of State
Guardian.
(l) "Ward" means a ward as defined by the Probate Act of
1975, as now or hereafter amended, who is at least 18 years of
age.
(Source: P.A. 99-143, eff. 7-27-15.)

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(20 ILCS 3955/3) (from Ch. 91 1/2, par. 703)
Sec. 3. The Department of Disability Advocacy and
Guardianship and Advocacy Commission is hereby created as an
executive agency of state government. The Division of Legal
Advocacy Service, the Division of Disability Rights and
Protections, Human Rights Authority and the Division Office of
State Guardian shall be established as divisions of the
Department Commission.
(Source: P.A. 80-1487.)
(20 ILCS 3955/4) (from Ch. 91 1/2, par. 704)
Sec. 4. (a) The Advisory Council Commission shall consist
of 11 members, one of whom shall be a senior citizen age 60 or
over, who shall be appointed by the Governor, with the advice
and consent of the Senate, taking into account the
requirements of State and federal statutes. At least one
member of the Advisory Council shall be a senior citizen age 60
or older. At least one member shall be a person with one or
more disabilities or members of their families who receive
services and support as required under Section 15 of the
Persons with Disabilities on State Agency Boards Act. All
appointments shall be filed with the Secretary of State by the
appointing authority , with the advice and consent of the
Senate.
All appointments shall be filed with the Secretary of

10400HB0862ham002 - 26 - LRB104 04759 SPS 36757 a
State by the appointing authority.
(b) The terms of the original members of the Advisory
Council shall be the immediate former members of the
Guardianship and Advocacy Commission serving an unexpired term
on the Guardianship and Advocacy Commission on the day before
the effective date of this amendatory Act of the 104th General
Assembly, who shall continue to serve out their immediate
terms on the Advisory Council and may serve up to 2 full
consecutive terms thereafter. Any terms as a member of the
Guardianship and Advocacy Commission immediately preceding the
creation of the Department shall be considered in determining
term limits. The terms shall be 3 years beginning on July 1,
with each member serving no more than 2 full consecutive
terms. All terms shall continue until a successor is appointed
3 one year terms, 3 two year terms, and 3 three year terms, all
terms to continue until a successor is appointed and
qualified. The length of the terms of the original members
shall be drawn by lot of the first meeting held by the
Commission. The members first appointed under this amendatory
Act of 1984 shall serve for a term of 3 years. Thereafter all
terms shall be for 3 years, with each member serving no more
than 2 consecutive terms. Vacancies in the membership are to
be filled in the same manner as original appointments.
Appointments to fill vacancies occurring before the expiration
of a term are for the remainder of the unexpired term. A member
of the Commission shall serve for a term ending on June 30 and

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until his successor is appointed and qualified.
(c) The Advisory Council Commission shall annually elect a
Chair and a Vice-Chair Chairman and any other officers it
deems necessary. The Advisory Council Commission shall meet at
least once every 3 times annually. A majority of the members of
the Advisory Council, excluding vacancies, constitutes a
quorum months with the times and places of meetings determined
by the Chairman. Additional meetings may be called by the
Chairman upon written notice 7 days before the meeting or by
written petition of 5 members to the Chairman. Six members of
the Commission constitute a quorum.
(d) Members of the Advisory Council Commission are not
entitled to compensation but shall receive reimbursement for
actual expenses incurred in the performance of their duties.
(e) The Advisory Council shall advise and make
recommendations to the Department for the development of
policies and operations that will aid in carrying out the
purposes of this Act.
(Source: P.A. 83-1538.)
(20 ILCS 3955/5) (from Ch. 91 1/2, par. 705)
Sec. 5. (a) The Department Commission shall establish
throughout the State such regions as it considers appropriate
to effectuate the purposes of the Division of Disability
Rights and Protections Authority under this Act, taking into
account the requirements of State and federal statutes;

10400HB0862ham002 - 28 - LRB104 04759 SPS 36757 a
population; civic, health and social service boundaries; and
other pertinent factors.
(b) The Department may Commission shall act through its
divisions as provided in this Act.
(c) The Department Commission shall establish general
policy guidelines for the operation of the Division of Legal
Advocacy Service, the Division of Disability Human Rights and
Protections, Authority and the Division of State Guardian in
furtherance of this Act. The policy guidelines shall ensure
that each division makes decisions with an appropriate level
of independence. Any action taken by a regional board
authority is subject to the review and approval of the
Director Commission. The Director Commission, acting on a
request from the Director, may disapprove any action of a
regional board authority, in which case the regional board
authority shall cease such action.
(d) The Director Commission shall hire a Director and
staff to carry out the powers and duties of the Department
Commission and its divisions pursuant to this Act and the
rules and regulations promulgated by the Department
Commission. All staff, other than the Director, shall be
subject to the Personnel Code.
(e) (Blank). The Commission shall review and evaluate the
operations of the divisions.
(f) The Department Commission shall operate subject to the
provisions of the Illinois Procurement Code.

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(g) The Department Commission shall prepare its budget.
(h) The Department Commission shall prepare an annual
report on its operations and submit the report to the Governor
and the General Assembly.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(i) The Department Commission shall establish rules and
regulations for the conduct of the work of its divisions,
including rules and regulations for the Division of Legal
Advocacy Service and the Division of State Guardian in
evaluating an eligible person's or ward's financial resources
for the purpose of determining whether the eligible person or
ward has the ability to pay for legal or guardianship services
received. The determination of the eligible person's financial
ability to pay for legal services shall be based upon the
number of dependents in the eligible person's family unit and
the income, liquid assets and necessary expenses, as
prescribed by rule of the Department Commission of: (1) the
eligible person; (2) the eligible person's spouse; and (3) the
parents of minor eligible persons. The determination of a
ward's ability to pay for guardianship services shall be based
upon the ward's estate. An eligible person or ward found to

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have sufficient financial resources shall be required to pay
the Department Commission in accordance with standards
established by the Department Commission. No fees may be
charged for legal services given unless the eligible person is
given notice at the start of such services that such fees might
be charged. No fees may be charged for guardianship services
given unless the ward is given notice of the request for fees
filed with the probate court and the court approves the amount
of fees to be assessed. All fees collected shall be deposited
with the State Treasurer and placed in the Guardianship and
Advocacy Fund. The Department Commission shall establish rules
and regulations regarding the procedures of appeal for clients
prior to termination or suspension of legal services. Such
rules and regulations shall include, but not be limited to,
client notification procedures prior to the actual
termination, the scope of issues subject to appeal, and
procedures specifying when a final administrative decision is
made.
(j) The Department Commission shall take such actions as
it deems necessary and appropriate to receive private, federal
and other public funds to help support the divisions and to
safeguard the rights of eligible persons. Private funds and
property may be accepted, held, maintained, administered and
disposed of by the Department Commission, as trustee, for such
purposes for the benefit of the People of the State of Illinois
pursuant to the terms of the instrument granting the funds or

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property to the Department Commission.
(k) The Department Commission may expend funds under the
State's plan to protect and advocate the rights of persons
with a developmental disability established under the federal
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 Services and Facilities Construction Act (Public Law
94-103, Title II). If the Governor designates the Department
Commission to be the organization or agency to provide the
services called for in the State plan, the Department
Commission shall make these protection and advocacy services
available to persons with a developmental disability by
referral or by contracting for these services to the extent
practicable. If the Department Commission is unable to so make
available such protection and advocacy services, it shall
provide them through persons in its own employ.
(l) The Department Commission shall, to the extent funds
are available, monitor issues concerning the rights of
eligible persons and the care and treatment provided to those
persons, including but not limited to the incidence of abuse
or neglect of eligible persons. For purposes of that
monitoring the Department Commission shall have access to
reports of suspected abuse or neglect and information
regarding the disposition of such reports, subject to the
provisions of the Mental Health and Developmental Disabilities
Confidentiality Act.
(Source: P.A. 100-1148, eff. 12-10-18.)

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(20 ILCS 3955/6) (from Ch. 91 1/2, par. 706)
Sec. 6. (a) The Department Commission may recommend to any
State agency or service provider regulations or procedures for
the purpose of safeguarding the rights of eligible persons.
The State agency or service provider shall notify the
Department Commission, within 60 days of the receipt of the
recommendations, of the action taken thereon and the reason
therefor. The Department Commission shall not make
recommendations that which interfere with the proper practice
of medical or other professions.
(b) The Department Commission may recommend to the General
Assembly legislation for the purpose of safeguarding the
rights of eligible persons.
(c) The Department Commission may take any other action as
may be reasonable to carry out the purposes of this Act.
(Source: P.A. 80-1487.)
(20 ILCS 3955/7) (from Ch. 91 1/2, par. 707)
Sec. 7. The Director shall:
(1) carry out the policies and programs of the
Department; Commission and
(2) coordinate the activities of the its divisions of
the Department; and may delegate to the Human Rights
Authority Director any duties described in Sections 14,
15, and 16 of this Act.

10400HB0862ham002 - 33 - LRB104 04759 SPS 36757 a
(3) organize and administer programs to provide legal
counsel and representation for eligible persons to ensure
that their legal rights are protected;
(4) examine and delineate the needs of eligible
persons for legal counsel and representation and the
resources necessary to meet those needs, subject to the
approval of the Department; and
(5) institute or cause to be instituted legal
proceedings as may be necessary to enforce and give effect
to any of the duties or powers of the Department or its
divisions.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/8) (from Ch. 91 1/2, par. 708)
Sec. 8. The Director may delegate to employees of the
Department any of the duties described in Section 7 of this
Act. shall:
(1) Organize and administer programs to provide legal
counsel and representation for eligible persons so as to
ensure that their legal rights are protected;
(2) Examine and delineate the needs of eligible persons
for legal counsel and representation and the resources
necessary to meet those needs, subject to the approval of the
Commission; and
(3) Institute or cause to be instituted such legal
proceedings as may be necessary to enforce and give effect to

10400HB0862ham002 - 34 - LRB104 04759 SPS 36757 a
any of the duties or powers of the Commission or its divisions.
(Source: P.A. 80-1487.)
(20 ILCS 3955/10) (from Ch. 91 1/2, par. 710)
Sec. 10. The Division of Legal Advocacy Service shall:
(1) Make available legal counsel to eligible persons in
judicial proceedings arising out of the "Mental Health and
Developmental Disabilities Code", enacted by the Eightieth
General Assembly, as now or hereafter amended, including but
not limited to admission, civil commitment, involuntary
treatment, legal competency and discharge;
(2) Make available or provide legal counsel and
representation to eligible persons to enforce rights or duties
arising out of any mental health or related laws, local, State
or federal.
(Source: P.A. 80-1487.)
(20 ILCS 3955/11) (from Ch. 91 1/2, par. 711)
Sec. 11. The Division of Legal Advocacy Service shall make
available counsel for eligible persons by referral or by
contracting for legal services to the extent practicable. The
Division of Legal Advocacy Service shall make a good faith
effort to assist eligible persons to engage private counsel,
and to contact private counsel for eligible persons whose
disabilities limit their capacity to independently contact
private counsel. If the Division of Legal Advocacy Service is

10400HB0862ham002 - 35 - LRB104 04759 SPS 36757 a
unable to so make available counsel, it shall provide
attorneys in its own employ. Taking into consideration the
availability of private counsel in the eligible person's local
area, the Department Commission shall establish, by rule, the
standards and procedures by which it will attempt to assist
eligible persons to engage private counsel.
(Source: P.A. 84-1358.)
(20 ILCS 3955/12) (from Ch. 91 1/2, par. 712)
Sec. 12. A Legal Advocacy Service attorney shall:
(1) have ready access to view and copy all mental health
records pertaining to his client, as provided in the "Mental
Health and Developmental Disabilities Confidentiality Act",
enacted by the Eightieth General Assembly, as now or hereafter
amended, and such other records to which he is permitted
access; and
(2) have the opportunity to consult with his client
whenever necessary for the performance of his duties. Service
providers shall provide adequate space and privacy for the
purpose of attorney-client consultation. No attorney shall
have the right to visit eligible persons or look at their
records for the purpose of soliciting cases for
representation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/13) (from Ch. 91 1/2, par. 713)

10400HB0862ham002 - 36 - LRB104 04759 SPS 36757 a
Sec. 13. Nothing in this Act shall be construed to
prohibit an eligible person from being represented by
privately retained counsel or from waiving his right to an
attorney in proceedings under the "Mental Health and
Developmental Disabilities Code", approved by the Eightieth
General Assembly, as now or hereafter amended, or as otherwise
provided by law. If a Legal Advocacy Service attorney has been
appointed by a court and the eligible person secures his own
counsel or is permitted to self-represent, the court shall
discharge the Legal Advocacy Service attorney.
(Source: P.A. 80-1487.)
(20 ILCS 3955/14) (from Ch. 91 1/2, par. 714)
Sec. 14. Each regional board authority shall consist of at
least 7 members and no more than 9 members appointed by the
Director, in accordance with this Section. Each regional board
authority shall include insofar as possible one professionally
knowledgeable and broadly experienced employee or officer of a
provider of each of the following services: mental health,
developmental disabilities, and vocational rehabilitation. No
other employee or officer of a service provider shall be
appointed to a regional board authority. In making
appointments, the Director shall strive to ensure
representation of minority groups and of eligible persons, and
shall give due consideration to recommendations of persons and
groups assisting eligible persons. The Director may remove for

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incompetence, neglect of duty, or malfeasance in office any
member of a regional board authority. Each member of a
regional board shall become a member of a regional board while
retaining the existing end date of the member's current term.
All terms shall be for 3 years, with each member serving no
more than 2 consecutive terms, including terms as a member of a
regional authority of the Guardianship and Advocacy Commission
immediately preceding the creation of the Department. No
member shall serve for more than 2 full consecutive 3-year
terms. A quorum shall consist of a majority of appointed
members, excluding vacancies All actions taken by the Director
to appoint or remove members shall be reported to the
Commission at the next scheduled Commission meeting.
Each regional board authority shall annually elect a Chair
chairman and any other officers it deems necessary. Members of
the regional authorities shall serve for a term of 3 years,
except that the terms of the first appointees shall be as
follows: 3 members serving for a 1 year term; 3 members serving
for a 2 year term; and 3 members serving for a 3 year term.
Assignment of terms of such first appointees shall be by lot.
No member shall serve for more than 2 consecutive 3 year terms.
A quorum shall consist of a majority of appointed members.
Vacancies in the regional board authorities shall be
filled by the Director. Appointments to fill vacancies
occurring before the expiration of a term are for the
remainder of the unexpired term in the same manner as original

10400HB0862ham002 - 38 - LRB104 04759 SPS 36757 a
appointments.
Members of the regional board authorities shall serve
without compensation but shall be reimbursed for actual
expenses incurred in the performance of their duties.
Each regional board authority shall meet not less than
once every 2 months. Meetings may also be held upon call of the
Regional Chair Chairman or upon written request of a majority
of the appointed any 5 members of the regional board,
excluding vacancies authority.
(Source: P.A. 104-273, eff. 1-1-26.)
(20 ILCS 3955/15) (from Ch. 91 1/2, par. 715)
Sec. 15. A regional board that authority which receives a
complaint alleging that the rights of an eligible person have
been violated in the region in which the regional board
authority sits, shall conduct an investigation unless it
determines that the complaint is frivolous or beyond the scope
of its authority or competence, or unless the Director finds
that a conflict of interest exists and directs another
regional board authority to conduct the investigation. The
regional board authority shall inform the complainant of
whether it will conduct an investigation, and if not, the
reason therefor. The regional board authority may advise a
complainant as to other remedies which may be available.
Reassignments of investigations for conflicts of interest and
refusals to investigate shall be reviewed and approved by the

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Director and the Director may seek direction from the
Commission.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/16) (from Ch. 91 1/2, par. 716)
Sec. 16. A regional board authority may conduct
investigations upon its own initiative if it has reason to
believe that the rights of an eligible person have been
violated in the region in which the regional board authority
sits, unless the Director finds that a conflict of interest
exists and directs another regional board authority to conduct
the investigation.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/17) (from Ch. 91 1/2, par. 717)
Sec. 17. In the course of an investigation, a regional
board authority may enter and inspect the premises of a
service provider or State agency and question privately any
person therein within reasonable limits and in a reasonable
manner. Whenever possible, prior notice shall be given the
parties regarding the nature, location, and persons involved
in a particular investigation.
(Source: P.A. 80-1416.)
(20 ILCS 3955/18) (from Ch. 91 1/2, par. 718)
Sec. 18. In the course of an investigation, a regional

10400HB0862ham002 - 40 - LRB104 04759 SPS 36757 a
board authority may inspect and copy any materials relevant to
the investigation in the possession of a service provider or
state agency. However, a regional board authority may not
inspect or copy materials containing personally identifiable
data which cannot can not be removed without imposing an
unreasonable burden on the service provider or State agency,
except as provided herein. The regional board authority shall
give written notice to the person entitled to give consent for
the identifiable eligible person under Section 5 of the
"Mental Health and Developmental Disabilities Confidentiality
Act", enacted by the Eightieth General Assembly, as now or
hereafter amended, or under any other relevant law, that it is
conducting an investigation and indicating the nature and
purpose of the investigation and the need to inspect and copy
materials containing data that identifies the eligible person.
If the person notified objects in writing to such inspection
and copying, the regional board authority may not inspect or
copy such materials. The service provider or State agency may
not object on behalf of an eligible person.
(Source: P.A. 80-1487.)
(20 ILCS 3955/19) (from Ch. 91 1/2, par. 719)
Sec. 19. No regional board authority may disclose to any
person any materials which identify an eligible person unless
the eligible person or legally authorized person consents to
such disclosure, except if and to the extent that disclosure

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may be necessary for the appointment of a guardian for such
eligible person.
(Source: P.A. 80-1487.)
(20 ILCS 3955/20) (from Ch. 91 1/2, par. 720)
Sec. 20. A regional board authority may conduct hearings
and compel by subpoena the attendance and testimony of such
witnesses and the production of such materials as are
necessary or desirable for its investigation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/21) (from Ch. 91 1/2, par. 721)
Sec. 21. A regional board authority may, subject to the
provisions of the Open Meetings Act, conduct closed meetings
and hearings when necessary to ensure confidentiality or to
protect the rights of any eligible person or provider of
services or other person. However, it shall make public a
summary of business conducted during any such meeting or
hearing. Such summary shall not contain personally
identifiable data.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/22) (from Ch. 91 1/2, par. 722)
Sec. 22. During the course of an investigation, the
regional board authority shall periodically inform the
complainant, or provider and any eligible person involved of

10400HB0862ham002 - 42 - LRB104 04759 SPS 36757 a
the status of the investigation.
(Source: P.A. 80-1487.)
(20 ILCS 3955/23) (from Ch. 91 1/2, par. 723)
Sec. 23. If a regional board authority finds that:
A. a matter should be further considered;
B. an act investigated should be modified or cancelled;
C. a statute or regulation should be altered;
D. reasons should be given for an act; or
E. any other action should be taken;
it shall report its recommendations to the State agency,
service provider or other person investigated. Such person
investigated shall notify the regional board authority, within
30 days of the receipt of such recommendations, of the action
taken thereon and the reason therefor.
(Source: P.A. 80-1416.)
(20 ILCS 3955/24) (from Ch. 91 1/2, par. 724)
Sec. 24. If a regional board authority determines that
further action is required, it may refer a matter to the
Director Commission or another division of the Department
thereof, and any federal, State, or local agency, or other
persons, as it may deem appropriate and as approved by the
Director , as it may deem appropriate and as approved by the
Director.
(Source: P.A. 96-271, eff. 1-1-10.)

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(20 ILCS 3955/25) (from Ch. 91 1/2, par. 725)
Sec. 25. Within 10 days of the completion of its
investigation, the regional board authority shall inform the
complainant and the eligible person involved of the outcome of
its investigation and of any action taken thereon.
(Source: P.A. 80-1487.)
(20 ILCS 3955/26) (from Ch. 91 1/2, par. 726)
Sec. 26. Subject to the provisions of Section 19, a
regional board authority may make public its findings and
recommendations. It shall include in any such public statement
any reply made by the State agency, service provider, or other
person investigated that has requested that the reply be so
included. The State agency, service provider, or other person
investigated provider or person shall have opportunity to
review and object to any proposed public findings and
recommendations. If the State agency, service provider, or
other person investigated requests, the objections shall be
included with public findings and recommendations issued by
the regional board authority in the this matter.
(Source: P.A. 80-1416.)
(20 ILCS 3955/27) (from Ch. 91 1/2, par. 727)
Sec. 27. A regional board authority may, by acting through
the Director, propose to the Department Commission legislation

10400HB0862ham002 - 44 - LRB104 04759 SPS 36757 a
for the purpose of safeguarding the rights of eligible
persons.
(Source: P.A. 96-271, eff. 1-1-10.)
(20 ILCS 3955/28) (from Ch. 91 1/2, par. 728)
Sec. 28. A regional board authority may take such other
action as may be reasonable and appropriate to carry out the
purposes of this Act.
(Source: P.A. 80-1416.)
(20 ILCS 3955/30) (from Ch. 91 1/2, par. 730)
Sec. 30. When appointed by the court pursuant to the
"Probate Act of 1975", approved August 7, 1975, as now or
hereafter amended, the Division of State Guardian shall serve
as guardian, either plenary or limited; temporary guardian;
testamentary guardian; or successor guardian; of the person or
the estate, or both, of a ward. If nomination is testamentary
the Division of State Guardian shall be notified in writing at
the time of the death of the testator. The Division Office of
State Guardian may file a petition for its own appointment, or
for the appointment of any other person, if the Division of
State Guardian determines that the filing of the petition may
avoid the need for State guardianship. In addition, the
Division of State Guardian may assist the court, as the court
may request, in proceedings for the appointment of a guardian
and in the supervision of persons and agencies which have been

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appointed as guardians.
(Source: P.A. 89-396, eff. 8-20-95.)
(20 ILCS 3955/31) (from Ch. 91 1/2, par. 731)
Sec. 31. Appointment; availability of Division of State
Guardian; available private guardian.
(a) The Division of State Guardian shall not be appointed
if another suitable person is available and willing to accept
the guardianship appointment. In all cases where a court
appoints the Division of State Guardian, the court shall
indicate in the order appointing the guardian as a finding of
fact that no other suitable and willing person could be found
to accept the guardianship appointment. On and after the
effective date of the this amendatory Act of the 97th General
Assembly, the court shall also indicate in the order, as a
finding of fact, the reasons that the Division of State
Guardian appointment, rather than the appointment of another
interested party, is required. This requirement shall be
waived where the Division Office of State Guardian petitions
for its own appointment as guardian.
(b) In all cases in which the Division of State Guardian
has been appointed to prior to or after the effective date of
this amendatory Act of the 104th General Assembly, the
Division of State Guardian shall be recognized as a division
of the Department. Any reference in law, regulation, order, or
appointment to the State Guardian or Office of State Guardian

10400HB0862ham002 - 46 - LRB104 04759 SPS 36757 a
as a division of the Guardianship and Advocacy Commission
shall be deemed to refer to the State Guardian as a division of
the Department of Disability Advocacy and Guardianship. This
subsection applies retroactively and prospectively to all
appointments, actions, and proceedings involving the State
Guardian or its wards.
(Source: P.A. 97-1093, eff. 1-1-13.)
(20 ILCS 3955/32) (from Ch. 91 1/2, par. 732)
Sec. 32. The Division of State Guardian shall have the
same powers and duties as a private guardian as provided in
Article XIa of the Probate Act of 1975, approved August 7,
1975. The State Guardian shall not provide direct residential
services to its wards. The State Guardian shall visit and
consult with its wards at least four times a year for as long
as the guardianship continues.
(Source: P.A. 80-1416.)
(20 ILCS 3955/33.5)
Sec. 33.5. Guardianship training program. The State
Guardian shall provide a training program that outlines the
duties and responsibilities of guardians appointed under
Article XIa of the Probate Act of 1975. The training program
shall be offered to courts at no cost, and shall outline the
duties responsibilities of a guardian and the rights of a
person under guardianship. The training program shall have 2

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components: one for guardians of the person and another for
guardians of the estate. The State Guardian shall determine
the content of the training. The component for guardians of
the person shall include content regarding Alzheimer's disease
and dementia, including, but not limited to, the following
topics: effective communication strategies; best practices for
interacting with people living with Alzheimer's disease or
related forms of dementia; and strategies for supporting
people living with Alzheimer's disease or related forms of
dementia in exercising their rights. In developing the
training program content, the State Guardian shall consult
with the courts, State and national guardianship
organizations, public guardians, advocacy organizations, and
persons and family members with direct experience with adult
guardianship. In the preparation and dissemination of training
materials, the State Guardian shall give due consideration to
making the training materials accessible to persons with
disabilities.
(Source: P.A. 103-64, eff. 1-1-24; 104-237, eff. 1-1-26.)
(20 ILCS 3955/34) (from Ch. 91 1/2, par. 734)
Sec. 34. A person, including a private citizen or employee
of a service provider, who, in good faith, files a complaint
with or provides information to the Department or any of its
divisions Commission or any division thereof, including
private citizens and employees of service providers, shall not

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be subject to any penalties, sanctions, or restrictions as a
consequence of filing the complaint or providing the
information.
(Source: P.A. 80-1416.)
(20 ILCS 3955/36) (from Ch. 91 1/2, par. 736)
Sec. 36. Rules and regulations adopted by the Department
Commission pursuant to authority granted under this Act shall
be subject to the provisions of the Illinois Administrative
Procedure Act.
(Source: P.A. 84-1358.)
(20 ILCS 3955/35 rep.)
Section 33. The Guardianship and Advocacy Act is amended
by repealing Section 35.
Section 35. The Persons with Disabilities on State Agency
Boards Act is amended by changing Section 10 as follows:
(20 ILCS 4007/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Disability" means a physical or mental characteristic
resulting from disease, injury, congenital condition of birth,
or functional disorder, the history of such a characteristic,
or the perception of such a characteristic, when the

10400HB0862ham002 - 49 - LRB104 04759 SPS 36757 a
characteristic results in substantial functional limitations
in 3 or more of the following areas of major life activity:
self care, fine motor skills, mobility, vision, respiration,
learning, work, receptive and expressive language (hearing and
speaking), self direction, capacity for independent living,
and economic sufficiency.
"State human services agency" means the following:
(1) The Citizens Council on Mental Health and
Developmental Disabilities created under Article 11A of
the Legislative Commission Reorganization Act of 1984.
(2) Advisory councils created by the Department of
Human Rights under Section 7-107 of the Illinois Human
Rights Act.
(3) The Department of Disability Advocacy and
Guardianship and Advocacy Commission created under the
Guardianship and Advocacy Act.
(4) (Blank).
(Source: P.A. 100-866, eff. 8-14-18.)
Section 45. The State Finance Act is amended by changing
Section 6z-22 as follows:
(30 ILCS 105/6z-22) (from Ch. 127, par. 142z-22)
Sec. 6z-22. All fees or other monies received by the
Department of Disability Advocacy and Guardianship and
Advocacy Commission incident to the provision of legal or

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guardianship services to eligible persons or wards pursuant to
subsection (i) of Section 5 of the Guardianship and Advocacy
Act shall be paid into the Guardianship and Advocacy Fund.
Appropriations for the improvement, development, addition
or expansion of legal and guardianship services for eligible
persons or wards pursuant to Section 5 of the Guardianship and
Advocacy Act or for the financing of any program designed to
provide such improvement, development, addition or expansion
of services or for expenses incurred in administering the
Division of Human Rights Authority, Legal Advocacy, the
Division of Disability Rights and Protections, and the
Division Service and Office of State Guardian are payable from
the Guardianship and Advocacy Fund.
(Source: P.A. 86-448; 86-1028.)
Section 50. The Public Interest Attorney Assistance Act is
amended by changing Section 15 as follows:
(110 ILCS 916/15)
Sec. 15. Definitions. For the purposes of this Act:
"Assistant State's Attorney" means a full-time employee of
a State's Attorney in Illinois or the State's Attorneys
Appellate Prosecutor who is continually licensed to practice
law and prosecutes or defends cases on behalf of the State or a
county.
"Assistant Attorney General" means a full-time employee of

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the Illinois Attorney General who is continually licensed to
practice law and prosecutes or defends cases on behalf of the
State.
"Assistant Public Defender" means a full-time employee of
a Public Defender in Illinois or the State Appellate Defender
who is continually licensed to practice law and provides legal
representation to indigent persons, as provided by statute.
"Assistant public guardian" means a full-time employee of
a public guardian in Illinois who is continually licensed to
practice law and provides legal representation pursuant to
court appointment.
"Civil legal aid" means free or reduced-cost legal
representation or advice to low-income clients in non-criminal
matters.
"Civil legal aid attorney" means an attorney who is
continually licensed to practice law and is employed full time
as an attorney at a civil legal aid organization in Illinois.
"Civil legal aid organization" means a not-for-profit
corporation in Illinois that (i) is exempt from the payment of
federal income tax pursuant to Section 501(c)(3) of the
Internal Revenue Code, (ii) is established for the purpose of
providing legal services that include civil legal aid, (iii)
employs 2 or more full-time attorneys who are licensed to
practice law in this State and who directly provide civil
legal aid, and (iv) is in compliance with registration and
filing requirements that are applicable under the Charitable

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Trust Act and the Solicitation for Charity Act.
"Commission" means the Illinois Student Assistance
Commission.
"Committee" means the advisory committee created under
Section 20 of this Act.
"Eligible debt" means outstanding principal, interest, and
related fees from loans obtained for undergraduate, graduate,
or law school educational expenses made by government or
commercial lending institutions or educational institutions.
"Eligible debt" excludes loans made by a private individual or
family member.
"Department of Disability Advocacy and Guardianship IGAC
attorney" means a full-time employee of the Department of
Disability Illinois Guardianship and Advocacy and Guardianship
Commission, including the Division Office of State Guardian,
the Division of Legal Advocacy Service, and the Division of
Disability Human Rights and Protections Authority, who is
continually licensed to practice law and provides legal
representation to carry out the responsibilities of the
Department of Disability Advocacy and Illinois Guardianship
and Advocacy Commission.
"Legislative attorney" means a full-time employee of the
Illinois Senate, the Illinois House of Representatives, or the
Illinois Legislative Reference Bureau who is continually
licensed to practice law and provides legal advice to members
of the General Assembly.

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"Program" means the Public Interest Attorney Loan
Repayment Assistance Program.
"Public interest attorney" means an attorney practicing in
Illinois who is an assistant State's Attorney, assistant
Public Defender, civil legal aid attorney, assistant Attorney
General, assistant public guardian, Department of Disability
Advocacy and Guardianship IGAC attorney, or legislative
attorney.
"Qualifying employer" means (i) an Illinois State's
Attorney or the State's Attorneys Appellate Prosecutor, (ii)
an Illinois Public Defender or the State Appellate Defender,
(iii) an Illinois civil legal aid organization, (iv) the
Illinois Attorney General, (v) an Illinois public guardian,
(vi) the Department of Disability Advocacy and Illinois
Guardianship and Advocacy Commission, (vii) the Illinois
Senate, (viii) the Illinois House of Representatives, or (ix)
the Illinois Legislative Reference Bureau.
(Source: P.A. 96-615, eff. 1-1-10; 96-768, eff. 1-1-10.)
Section 55. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 4 and 6 as follows:
(210 ILCS 30/4) (from Ch. 111 1/2, par. 4164)
Sec. 4. Any long term care facility administrator, agent
or employee or any physician, hospital, surgeon, dentist,

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osteopath, chiropractor, podiatric physician, accredited
religious practitioner who provides treatment by spiritual
means alone through prayer in accordance with the tenets and
practices of the accrediting church, coroner, social worker,
social services administrator, registered nurse, law
enforcement officer, field personnel of the Department of
Healthcare and Family Services, field personnel of the
Illinois Department of Public Health and County or Municipal
Health Departments, personnel of the Department of Human
Services (acting as the successor to the Department of Mental
Health and Developmental Disabilities or the Department of
Public Aid), personnel of the Department of Disability
Advocacy and Guardianship (acting as the successor to the
Guardianship and Advocacy Commission), personnel of the State
Fire Marshal, local fire department inspectors or other
personnel, or personnel of the Illinois Department on Aging,
or its subsidiary Agencies on Aging, or employee of a facility
licensed under the Assisted Living and Shared Housing Act,
having reasonable cause to believe any resident with whom they
have direct contact has been subjected to abuse or neglect
shall immediately report or cause a report to be made to the
Department. Persons required to make reports or cause reports
to be made under this Section include all employees of the
State of Illinois who are involved in providing services to
residents, including professionals providing medical or
rehabilitation services and all other persons having direct

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contact with residents; and further include all employees of
community service agencies who provide services to a resident
of a public or private long term care facility outside of that
facility. Any long term care surveyor of the Illinois
Department of Public Health who has reasonable cause to
believe in the course of a survey that a resident has been
abused or neglected and initiates an investigation while on
site at the facility shall be exempt from making a report under
this Section but the results of any such investigation shall
be forwarded to the central register in a manner and form
described by the Department.
The requirement of this Act shall not relieve any
long-term long term care facility administrator, agent or
employee of responsibility to report the abuse or neglect of a
resident under Section 3-610 of the Nursing Home Care Act or
under Section 3-610 of the ID/DD Community Care Act or under
Section 3-610 of the MC/DD Act or under Section 2-107 of the
Specialized Mental Health Rehabilitation Act of 2013.
In addition to the above persons required to report
suspected resident abuse and neglect, any other person may
make a report to the Department, or to any law enforcement
officer, if such person has reasonable cause to suspect a
resident has been abused or neglected.
This Section also applies to residents whose death occurs
from suspected abuse or neglect before being found or brought
to a hospital.

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A person required to make reports or cause reports to be
made under this Section who fails to comply with the
requirements of this Section is guilty of a Class A
misdemeanor.
(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13;
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long-term long term care
facility administrator, agent or employee, or any other
person, shall screen reports or otherwise withhold any reports
from the Department, and no long-term long term care facility,
department of State government, or other agency shall
establish any rules, criteria, standards or guidelines to the
contrary. Every long-term long term care facility, department
of State government and other agency whose employees are
required to make or cause to be made reports under Section 4
shall notify its employees of the provisions of that Section
and of this Section, and provide to the Department
documentation that such notification has been given. The
Department of Human Services shall train all of its mental

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health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act. All reports
received through offices of the Department shall be forwarded
to the central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the
U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident
resulted from abuse or neglect. Such reports may in addition
be made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, Section 2-208 of
the Specialized Mental Health Rehabilitation Act of 2013,
Section 3-702 of the ID/DD Community Care Act, or Section

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3-702 of the MC/DD Act, except that reports of abuse which
indicate that a resident's life or safety is in imminent
danger shall be investigated within 24 hours of such report.
The Department may delegate to law enforcement officials or
other public agencies the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Illinois State Police,
the Department of Human Services, and the Inspector General
appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of
such report to the Inspector General and the Director
Directors of the Disability Advocacy and Guardianship and
Advocacy Commission and the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Act. When requested by the Director
of the Disability Advocacy and Guardianship and Advocacy
Commission, the agency designated by the Governor pursuant to
the Protection and Advocacy for Persons with Developmental
Disabilities Act, or the Department of Financial and
Professional Regulation, the Department, the Department of

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Human Services and the Illinois State Police shall make
available a copy of the final investigative report regarding
investigations conducted by their respective agencies on
incidents of suspected abuse or neglect of residents of mental
health and developmental disabilities institutions or
individuals receiving services at community agencies under the
jurisdiction of the Department of Human Services. Such final
investigative report shall not contain witness statements,
investigation notes, draft summaries, results of lie detector
tests, investigative files or other raw data which was used to
compile the final investigative report. Specifically, the
final investigative report of the Illinois State Police shall
mean the Director's final transmittal letter. The Department
of Human Services shall also make available a copy of the
results of disciplinary proceedings of employees involved in
incidents of abuse or neglect to the Directors. All
identifiable information in reports provided shall not be
further disclosed except as provided by the Mental Health and
Developmental Disabilities Confidentiality Act. Nothing in
this Section is intended to limit or construe the power or
authority granted to the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Act, pursuant to any other State or
federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law

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enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with
appropriate law enforcement agencies, the Department may
request information with respect to whether the person or
persons set forth in this paragraph have ever been charged
with a crime and if so, the disposition of those charges.
Unless the criminal histories of the subjects involved crimes
of violence or resident abuse or neglect, the Department shall
be entitled only to information limited in scope to charges
and their dispositions. In cases where prior crimes of
violence or resident abuse or neglect are involved, a more
detailed report can be made available to authorized
representatives of the Department, pursuant to the agreements
entered into with appropriate law enforcement agencies. Any
criminal charges and their disposition information obtained by
the Department shall be confidential and may not be
transmitted outside the Department, except as required herein,
to authorized representatives or delegates of the Department,
and may not be transmitted to anyone within the Department who
is not duly authorized to handle resident abuse or neglect
investigations.

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The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of
the final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of
reports of suspected abuse or neglect filed under this Act,
the nature of any injuries to residents, the final
determination of investigations, the type and number of cases
where abuse or neglect is determined to exist, and the final
disposition of cases.

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(Source: P.A. 102-538, eff. 8-20-21.)
Section 60. The Community Living Facilities Licensing Act
is amended by changing Section 5 as follows:
(210 ILCS 35/5) (from Ch. 111 1/2, par. 4185)
Sec. 5. Licensing standards. The Department shall
promulgate rules and regulations establishing minimum
standards for licensing of Community Living Facilities. These
rules shall regulate:
(1) The location of Community Living Facilities. These
provisions shall insure that the Community Living Facilities
are in appropriate neighborhoods and shall prohibit
concentration of these housing programs in communities.
(2) The operation and conduct of Community Living
Facilities.
(3) The general financial ability, competence, character
and qualifications of the applicant to provide appropriate
care and comply with this Act.
(4) The appropriateness, safety, cleanliness and general
adequacy of the premises, including maintenance of adequate
fire protection and health standards, conforming to State laws
and municipal codes, to provide for the physical comfort,
well-being, care and protection of the residents.
(5) The number, character, training and qualifications of
personnel directly responsible for the residents.

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(6) Provisions for food, clothing, educational
opportunities, social activities, home furnishings and
personal property to insure the healthy physical, emotional
and mental development of residents.
(7) Implementation of habilitation plans for each
resident.
(8) Provisions for residents to receive appropriate
programming and support services commensurate with their
individual needs, and to participate in decisions regarding
their use of programs and support services.
Such services should include educational opportunities,
vocational training and other day activities aimed at
promoting independence and improving basic living skills.
(9) Provisions and criteria for admission, discharge and
transfers at Community Living Facilities.
(10) Provisions specifying the role and responsibilities
of residents for upkeep of their rooms and the overall
maintenance and care of the Community Living Facilities. These
provisions shall allow the residents to participate in normal,
daily activities associated with community living.
(11) Provisions to insure that residents are notified of
their legal rights, as defined in the rules promulgated
pursuant to subsection (12) of this Section and to assist them
in exercising these rights. Upon admission to a Community
Living Facility, residents shall be provided a copy of their
rights and related rules, regulations and policies, and the

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name, address, and telephone number of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) Resident rights, which shall include, but need not be
limited to, those guaranteed by the "Mental Health and
Developmental Disabilities Code", as amended.
(13) Maintenance of records pertaining to the admission,
habilitation, and discharge of residents, and to the general
operation of Community Living Facilities.
(Source: P.A. 82-567.)
Section 65. The Nursing Home Care Act is amended by
changing Sections 2-106 and 2-201 as follows:
(210 ILCS 45/2-106) (from Ch. 111 1/2, par. 4152-106)
Sec. 2-106. Restraints.
(a) For purposes of this Act, a physical restraint is any
manual method or physical or mechanical device, material, or
equipment attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body, and a chemical
restraint is any drug used for discipline or convenience and
not required to treat medical symptoms.
Devices used for positioning, including, but not limited
to, bed rails and gait belts, shall not be considered to be
physical restraints for purposes of this Act unless the device
is used to restrain or otherwise limit the patient's freedom

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to move. A device used for positioning must be requested by the
resident or, if the resident is unable to consent, the
resident's guardian or authorized representative, or the need
for that device must be physically demonstrated by the
resident and documented in the resident's care plan. The
physically demonstrated need of the resident for a device used
for positioning must be revisited in every comprehensive
assessment of the resident.
The Department shall by rule, designate certain devices as
restraints, including at least all those devices which have
been determined to be restraints by the United States
Department of Health and Human Services in interpretive
guidelines issued for the purposes of administering Titles
XVIII and XIX of the Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being, including brief

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periods of time to provide necessary life-saving treatment. A
restraint may be used only after consultation with appropriate
health professionals, such as occupational or physical
therapists, and a trial of less restrictive measures has led
to the determination that the use of less restrictive measures
would not attain or maintain the resident's highest
practicable physical, mental or psychosocial well-being.
However, if the resident needs emergency care, restraints may
be used for brief periods to permit medical treatment to
proceed unless the facility has notice that the resident has
previously made a valid refusal of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and
Advocacy Commission is notified that a resident has been

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restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 103-489, eff. 1-1-24.)
(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
Sec. 2-201. To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), (b) their obligation to comply with the asset and
income disclosure requirements of Title XIX of the federal

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Social Security Act and the regulations duly promulgated
thereunder, except that this item (b) does not apply to
facilities operated by the Illinois Department of Veterans
Affairs that do not participate in Medicaid, and (c) the
resident's rights regarding personal funds and listing the
services for which the resident will be charged. The facility
shall obtain a signed acknowledgment from each resident or the
resident's guardian, if any, or the resident's representative,
if any, or the resident's immediate family member, if any,
that such person has received the statement and understands
that failure to comply with asset and income disclosure
requirements may result in the denial of Medicaid eligibility.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual

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resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Insurance that all residents' personal funds deposited with
the facility are secure against loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other
person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or
federal government. The account shall be in a form which
clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a

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resident's money in a non-interest bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including

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any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his
funds and does not have a resident's representative, guardian,
or an immediate family member, shall notify the Division
Office of the State Guardian of the Department of Disability
Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 104-234, eff. 8-15-25.)
Section 67. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing Section
9.1 as follows:
(210 ILCS 135/9.1)
Sec. 9.1. Recipient's funds; protection.
(a) To protect a recipient's funds, a service provider:
(1) May accept funds from a recipient for safekeeping
and management if the service provider receives written
authorization from the recipient or the recipient's
guardian.
(2) Shall maintain a written record of all financial
arrangements and transactions involving each individual
recipient's funds and shall allow each recipient, or the

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recipient's guardian, access to that written record.
(3) Shall provide, in order of priority, each
recipient, or the recipient's guardian, if any, or the
recipient's immediate family member, if any, with a
written itemized statement of all financial transactions
involving the recipient's funds or a copy of the
recipient's checking or savings account register for the
period. This information shall be provided at least
quarterly.
(4) Shall purchase and maintain a surety bond or other
commercial policy with crime coverage in an amount equal
to or greater than all of the recipient's personal funds
deposited with the service provider to which employees of
the service provider have access to secure against loss,
theft, and insolvency. The insurance company that provides
the surety bond or commercial policy with crime coverage
shall inform the Division of Developmental Disabilities of
the Department of Human Services of any reduction or
cancellation of the surety bond or commercial policy with
crime coverage.
(5) Shall keep any funds received from a recipient in
an account separate from the service provider's funds for
safekeeping, and shall not withdraw all or any part of the
recipient's funds unless the service provider is (i)
returning the funds to the recipient upon the request of
the recipient or any other person entitled to make the

10400HB0862ham002 - 73 - LRB104 04759 SPS 36757 a
request, (ii) paying the recipient his or her allowance,
or (iii) making any other payment authorized by the
recipient or any other person entitled to make that
authorization.
(6) Shall deposit any funds received from a recipient
in excess of $100 in an interest-bearing account insured
by agencies of, or corporations chartered by, the State or
the federal government. The account shall be in a form
that clearly indicates that the service provider has only
a fiduciary interest in the funds and that any interest
earned on funds in the account shall accrue to the
recipient. The service provider may keep up to $100 of a
recipient's funds in a non-interest-bearing account or
petty cash fund, to be readily available for the
recipient's current expenditures.
(7) Shall, upon written request of a recipient or the
recipient's guardian, return to the recipient or the
recipient's guardian of the estate all or any part of the
recipient's funds given to the service provider for
safekeeping, including the accrued interest earned on the
deposits of the recipient's funds.
(8) Shall (i) place any monthly allowance that a
recipient is entitled to in the recipient's personal
account or give the monthly allowance directly to the
recipient, unless the service provider has written
authorization from the recipient, the recipient's

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guardian, or the recipient's parent if the recipient is a
minor, to handle the monthly allowance differently, (ii)
take all steps necessary to ensure that a monthly
allowance that is placed in a recipient's personal account
is used exclusively by the recipient or for the
recipient's benefit, and (iii) require any person other
than the recipient who withdraws funds from the
recipient's personal account that constitute any portion
of the recipient's monthly allowance to execute an
affidavit that the funds will be used exclusively for the
benefit of the recipient.
(9) If an adult recipient is incapable of managing his
or her funds and does not have a guardian or immediate
family member, the service provider shall notify the
Division Office of the State Guardian of the Guardianship
and Advocacy Commission.
(b) Upon the death of a recipient, unless otherwise
provided by State law, the service provider shall provide the
executor or administrator of the recipient's estate with a
complete accounting of all the recipient's personal property,
including any funds of the recipient being held by the service
provider.
(c) If a recipient changes service providers, the former
service provider shall provide the new service provider with a
written verification by a public accountant of all the
recipient's money and property being transferred and shall

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obtain a signed receipt for the money and property from the new
service provider upon transfer of the recipient's money and
property.
(d) If a service provider is sold, the service provider
shall provide the new owner with a written verification by a
public accountant of all the recipient's money and property
being transferred and shall obtain a signed receipt for the
money and property from the new owner upon transfer of the
recipient's money and property.
(Source: P.A. 98-1073, eff. 8-26-14.)
Section 70. The MC/DD Act is amended by changing Sections
2-106 and 2-201 as follows:
(210 ILCS 46/2-106)
Sec. 2-106. Restraints and confinements.
(a) For purposes of this Act:
(i) A physical restraint is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body. Devices used for
positioning, including but not limited to bed rails, gait
belts, and cushions, shall not be considered to be
restraints for purposes of this Section.
(ii) A chemical restraint is any drug used for

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discipline or convenience and not required to treat
medical symptoms. The Department shall by rule, designate
certain devices as restraints, including at least all
those devices which have been determined to be restraints
by the United States Department of Health and Human
Services in interpretive guidelines issued for the
purposes of administering Titles XVIII and XIX of the
Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must
have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent
practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being well being,

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including brief periods of time to provide necessary
lifesaving life saving treatment. A restraint may be used only
after consultation with appropriate health professionals, such
as occupational or physical therapists, and a trial of less
restrictive measures has led to the determination that the use
of less restrictive measures would not attain or maintain the
resident's highest practicable physical, mental or
psychosocial well-being well being. However, if the resident
needs emergency care, restraints may be used for brief periods
to permit medical treatment to proceed unless the facility has
notice that the resident has previously made a valid refusal
of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and

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Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is
warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/2-201)
Sec. 2-201. Residents' funds. To protect the residents'
funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.

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100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment
from each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least

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quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest-bearing interest bearing account
insured by agencies of, or corporations chartered by, the
State or federal government. The account shall be in a form
which clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a
resident's money in a non-interest-bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who

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executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the

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Division Office of the State Guardian of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 75. The ID/DD Community Care Act is amended by
changing Sections 2-106 and 2-201 as follows:
(210 ILCS 47/2-106)
Sec. 2-106. Restraints and confinements.
(a) For purposes of this Act:
(i) A physical restraint is any manual method or
physical or mechanical device, material, or equipment
attached or adjacent to a resident's body that the
resident cannot remove easily and restricts freedom of
movement or normal access to one's body. Devices used for
positioning, including but not limited to bed rails, gait
belts, and cushions, shall not be considered to be
restraints for purposes of this Section.
(ii) A chemical restraint is any drug used for
discipline or convenience and not required to treat
medical symptoms. The Department shall by rule, designate
certain devices as restraints, including at least all

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those devices which have been determined to be restraints
by the United States Department of Health and Human
Services in interpretive guidelines issued for the
purposes of administering Titles XVIII and XIX of the
Social Security Act.
(b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must
have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent
practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
(c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well-being well being,
including brief periods of time to provide necessary
lifesaving life saving treatment. A restraint may be used only
after consultation with appropriate health professionals, such

10400HB0862ham002 - 84 - LRB104 04759 SPS 36757 a
as occupational or physical therapists, and a trial of less
restrictive measures has led to the determination that the use
of less restrictive measures would not attain or maintain the
resident's highest practicable physical, mental or
psychosocial well-being well being. However, if the resident
needs emergency care, restraints may be used for brief periods
to permit medical treatment to proceed unless the facility has
notice that the resident has previously made a valid refusal
of the treatment in question.
(d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
(e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, notified of the use of the restraint. A
recipient who is under guardianship may request that a person
or organization of his or her choosing be notified of the
restraint, whether or not the guardian approves the notice. If
the resident so chooses, the facility shall make the
notification within 24 hours, including any information about
the period of time that the restraint is to be used. Whenever
the Department of Disability Advocacy and Guardianship and
Advocacy Commission is notified that a resident has been
restrained, it shall contact the resident to determine the
circumstances of the restraint and whether further action is

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warranted.
(f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
(g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections
1-126 and 2-108 of the Mental Health and Developmental
Disabilities Code.
(Source: P.A. 96-339, eff. 7-1-10.)
(210 ILCS 47/2-201)
Sec. 2-201. Residents' funds. To protect the residents'
funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment

10400HB0862ham002 - 86 - LRB104 04759 SPS 36757 a
from each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide

10400HB0862ham002 - 87 - LRB104 04759 SPS 36757 a
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest-bearing interest bearing account
insured by agencies of, or corporations chartered by, the
State or federal government. The account shall be in a form
which clearly indicates that the facility has only a fiduciary
interest in the funds and any interest from the account shall
accrue to the resident. The facility may keep up to $100 of a
resident's money in a non-interest-bearing account or petty
cash fund, to be readily available for the resident's current
expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including

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the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for
the benefit of the resident, and (c) where such funds are
withdrawn from the resident's personal account by any person
other than the resident, require such person to whom funds
constituting any part of a resident's personal needs allowance
are released, to execute an affidavit that such funds shall be
used exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the
death of a resident, shall provide the executor or
administrator of the resident's estate with a complete
accounting of all the resident's personal property, including
any funds of the resident being held by the facility.
(11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Division Office of the State Guardian of the Department of
Disability Advocacy and Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with

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a written verification by a public accountant of all
residents' monies and properties being transferred, and obtain
a signed receipt from the new owner.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)
Section 80. The Hospital Licensing Act is amended by
changing Section 9.6 as follows:
(210 ILCS 85/9.6)
Sec. 9.6. Patient protection from abuse.
(a) No administrator, agent, or employee of a hospital or
a hospital affiliate, or a member of a hospital's medical
staff, may abuse a patient in the hospital or in a facility
operated by a hospital affiliate.
(b) Any hospital administrator, agent, employee, or
medical staff member, or an administrator, employee, or
physician employed by a hospital affiliate, who has reasonable
cause to believe that any patient with whom he or she has
direct contact has been subjected to abuse in the hospital or
hospital affiliate shall promptly report or cause a report to
be made to a designated hospital administrator responsible for
providing such reports to the Department as required by this
Section.
(c) Retaliation against a person who lawfully and in good
faith makes a report under this Section is prohibited.
(d) Upon receiving a report under subsection (b) of this

10400HB0862ham002 - 90 - LRB104 04759 SPS 36757 a
Section, the hospital or hospital affiliate shall submit the
report to the Department within 24 hours of obtaining such
report. In the event that the hospital receives multiple
reports involving a single alleged instance of abuse, the
hospital shall submit one report to the Department.
(e) Upon receiving a report under this Section, the
hospital or hospital affiliate shall promptly conduct an
internal review to ensure the alleged victim's safety.
Measures to protect the alleged victim shall be taken as
deemed necessary by the hospital's administrator and may
include, but are not limited to, removing suspected violators
from further patient contact during the hospital's or hospital
affiliate's internal review. If the alleged victim lacks
decision-making capacity under the Health Care Surrogate Act
and no health care surrogate is available, the hospital or
hospital affiliate may contact the Department of Disability
Advocacy and Illinois Guardianship and Advocacy Commission to
determine the need for a temporary guardian of that person.
(f) All internal hospital and hospital affiliate reviews
shall be conducted by a designated employee or agent who is
qualified to detect abuse and is not involved in the alleged
victim's treatment. All internal review findings must be
documented and filed according to hospital or hospital
affiliate procedures and shall be made available to the
Department upon request.
(g) Any other person may make a report of patient abuse to

10400HB0862ham002 - 91 - LRB104 04759 SPS 36757 a
the Department if that person has reasonable cause to believe
that a patient has been abused in the hospital or hospital
affiliate.
(h) The report required under this Section shall include:
the name of the patient; the name and address of the hospital
or hospital affiliate treating the patient; the age of the
patient; the nature of the patient's condition, including any
evidence of previous injuries or disabilities; and any other
information that the reporter believes might be helpful in
establishing the cause of the reported abuse and the identity
of the person believed to have caused the abuse.
(i) Except for willful or wanton misconduct, any
individual, person, institution, or agency participating in
good faith in the making of a report under this Section, or in
the investigation of such a report or in making a disclosure of
information concerning reports of abuse under this Section,
shall have immunity from any liability, whether civil,
professional, or criminal, that otherwise might result by
reason of such actions. For the purpose of any proceedings,
whether civil, professional, or criminal, the good faith of
any persons required to report cases of suspected abuse under
this Section or who disclose information concerning reports of
abuse in compliance with this Section, shall be presumed.
(j) No administrator, agent, or employee of a hospital or
hospital affiliate shall adopt or employ practices or
procedures designed to discourage good faith reporting of

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patient abuse under this Section.
(k) Every hospital and hospital affiliate shall ensure
that all new and existing employees are trained in the
detection and reporting of abuse of patients and retrained at
least every 2 years thereafter.
(l) The Department shall investigate each report of
patient abuse made under this Section according to the
procedures of the Department, except that a report of abuse
which indicates that a patient's life or safety is in imminent
danger shall be investigated within 24 hours of such report.
Under no circumstances may a hospital's or hospital
affiliate's internal review of an allegation of abuse replace
an investigation of the allegation by the Department.
(m) The Department shall keep a continuing record of all
reports made pursuant to this Section, including indications
of the final determination of any investigation and the final
disposition of all reports. The Department shall inform the
investigated hospital or hospital affiliate and any other
person making a report under subsection (g) of its final
determination or disposition in writing.
(n) The Department shall not disclose to the public any
information regarding any reports and investigations under
this Section unless and until the report of abuse is
substantiated following a full and proper investigation.
(o) All patient identifiable information in any report or
investigation under this Section shall be confidential and

10400HB0862ham002 - 93 - LRB104 04759 SPS 36757 a
shall not be disclosed except as authorized by this Act or
other applicable law.
(p) Nothing in this Section relieves a hospital or
hospital affiliate administrator, employee, agent, or medical
staff member from contacting appropriate law enforcement
authorities as required by law.
(q) Nothing in this Section shall be construed to mean
that a patient is a victim of abuse because of health care
services provided or not provided by health care
professionals.
(r) Nothing in this Section shall require a hospital or
hospital affiliate, including its employees, agents, and
medical staff members, to provide any services to a patient in
contravention of his or her stated or implied objection
thereto upon grounds that such services conflict with his or
her religious beliefs or practices, nor shall such a patient
be considered abused under this Section for the exercise of
such beliefs or practices.
(s) The Department's implementation of this Section is
subject to appropriations to the Department for that purpose.
(t) As used in this Section, the following terms have the
following meanings:
"Abuse" means any physical or mental injury or sexual
abuse intentionally inflicted by a hospital or hospital
affiliate employee, agent, or medical staff member on a
patient of the hospital or hospital affiliate and does not

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include any hospital or hospital affiliate, medical, health
care, or other personal care services done in good faith in the
interest of the patient according to established medical and
clinical standards of care.
"Hospital affiliate" has the meaning given to that term in
Section 10.8.
"Mental injury" means intentionally caused emotional
distress in a patient from words or gestures that would be
considered by a reasonable person to be humiliating,
harassing, or threatening and which causes observable and
substantial impairment.
"Sexual abuse" means any intentional act of sexual contact
or sexual penetration of a patient in the hospital.
"Substantiated", with respect to a report of abuse, means
that a preponderance of the evidence indicates that abuse
occurred.
(Source: P.A. 103-803, eff. 1-1-25.)
Section 85. The Illinois Public Aid Code is amended by
changing Section 3-1.2 as follows:
(305 ILCS 5/3-1.2) (from Ch. 23, par. 3-1.2)
Sec. 3-1.2. Need.
(a) Income available to the person, when added to
contributions in money, substance, or services from other
sources, including contributions from legally responsible

10400HB0862ham002 - 95 - LRB104 04759 SPS 36757 a
relatives, must be insufficient to equal the grant amount
established by Department regulation for such person. In
determining earned income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. If federal law or
regulations permit or require exemption of earned or other
income and resources, the Illinois Department shall provide by
rule and regulation that the amount of income to be
disregarded be increased (1) to the maximum extent so required
and (2) to the maximum extent permitted by federal law or
regulation in effect as of the date this amendatory Act
becomes law. The Illinois Department may also provide by rule
and regulation that the amount of resources to be disregarded
be increased to the maximum extent so permitted or required.
(b) Subject to federal approval, resources (for example,
land, buildings, equipment, supplies, or tools), including
farmland property and personal property used in the
income-producing operations related to the farmland (for
example, equipment and supplies, motor vehicles, or tools),
necessary for self-support, up to $6,000 of the person's
equity in the income-producing property, provided that the
property produces a net annual income of at least 6% of the
excluded equity value of the property, are exempt. Equity
value in excess of $6,000 shall not be excluded. If the
activity produces income that is less than 6% of the exempt
equity due to reasons beyond the person's control (for

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example, the person's illness or crop failure) and there is a
reasonable expectation that the property will again produce
income equal to or greater than 6% of the equity value (for
example, a medical prognosis that the person is expected to
respond to treatment or that drought-resistant corn will be
planted), the equity value in the property up to $6,000 is
exempt. If the person owns more than one piece of property and
each produces income, each piece of property shall be looked
at to determine whether the 6% rule is met, and then the
amounts of the person's equity in all of those properties
shall be totaled to determine whether the total equity is
$6,000 or less. The total equity value of all properties that
is exempt shall be limited to $6,000.
(c) In determining the resources of an individual or any
dependents, the Department shall exclude from consideration
the value of funeral and burial spaces, funeral and burial
insurance the proceeds of which can only be used to pay the
funeral and burial expenses of the insured and funds
specifically set aside for the funeral and burial arrangements
of the individual or his or her dependents, including prepaid
funeral and burial plans, to the same extent that such items
are excluded from consideration under the federal Supplemental
Security Income program (SSI). At any time prior to or after
submitting an application for medical assistance and before a
final determination of eligibility has been made by the
Department, an applicant may use available resources to

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purchase one of the prepaid funeral or burial contracts
exempted under this Section.
Prepaid funeral or burial contracts are exempt to the
following extent:
(1) Funds in a revocable prepaid funeral or burial
contract are exempt up to $1,500, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the
Supplemental Security Income program, is exempt regardless
of value.
(2) Funds in an irrevocable prepaid funeral or burial
contract are exempt up to $7,248, except that any portion
of a contract that clearly represents the purchase of
burial space, as that term is defined for purposes of the
Supplemental Security Income program, is exempt regardless
of value. This amount shall be adjusted annually for any
increase in the Consumer Price Index. The amount exempted
shall be limited to the price of the funeral goods and
services to be provided upon death. The contract must
provide a complete description of the funeral goods and
services to be provided and the price thereof. Any amount
in the contract not so specified shall be treated as a
transfer of assets for less than fair market value.
(3) A prepaid, guaranteed-price funeral or burial
contract, funded by an irrevocable assignment of a
person's life insurance policy to a trust or a funeral

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home, is exempt. The amount exempted shall be limited to
the amount of the insurance benefit designated for the
cost of the funeral goods and services to be provided upon
the person's death. The contract must provide a complete
description of the funeral goods and services to be
provided and the price thereof. Any amount in the contract
not so specified shall be treated as a transfer of assets
for less than fair market value. The trust must include a
statement that, upon the death of the person, the State
will receive all amounts remaining in the trust, including
any remaining payable proceeds under the insurance policy
up to an amount equal to the total medical assistance paid
on behalf of the person. The trust is responsible for
ensuring that the provider of funeral services under the
contract receives the proceeds of the policy when it
provides the funeral goods and services specified under
the contract. The irrevocable assignment of ownership of
the insurance policy must be acknowledged by the insurance
company.
(4) Existing life insurance policies are exempt if
there has been an irrevocable assignment in compliance
with Section 2b of the Illinois Funeral or Burial Funds
Act. A person shall sign a contract with a funeral home,
which is licensed under the Illinois Funeral or Burial
Funds Act, that describes the cost of the funeral goods
and services to be provided upon the person's death, up to

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$7,248, except that any portion of a contract that clearly
represents the purchase of burial space, as that term is
defined for purposes of the Supplemental Security Income
program, is exempt regardless of value. This amount shall
be adjusted annually for any increase in the Consumer
Price Index. The contract must provide a complete
description of the goods and services and any cash
advances to be provided and the price thereof. The person
shall sign an irrevocable designation of beneficiary form
declaring that any amounts payable from the policies not
used for goods and services and any cash advances as set
forth in the contract shall be received by the State, up to
an amount equal to the total medical assistance paid on
behalf of the person; any funds remaining after payment to
the State shall be paid to a secondary beneficiary (if
any) listed on the policy, or to the estate of the
purchaser if no secondary beneficiary is named on the
policy in the event the proceeds exceed the prearranged
costs of merchandise and services and any cash advances
and the total medical assistance paid on behalf of the
insured. More than one policy may be subject to this
subsection if the total face value of the policies is
necessary to pay the amount described in the contract with
the funeral home; policies that are not necessary to pay
the amount described in the contract are not exempt. The
licensed funeral home to which the life insurance policy

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benefits have been irrevocably assigned shall retain
copies for inspection by the Comptroller and shall report
annually to the Comptroller the following: the name of the
insured, the name of the insurance company and policy
number, an itemized account of the amount of the contract
for goods and services and any cash advances provided, and
the current value of the policy of benefits designated
with a record of all amounts paid back to the State or
other beneficiary. The Department of Healthcare and Family
Services shall adopt rules and forms to implement this
Section.
(d) Notwithstanding any other provision of this Code to
the contrary, an irrevocable trust containing the resources of
a person who is determined to have a disability shall be
considered exempt from consideration. A pooled trust must be
established and managed by a non-profit association that pools
funds but maintains a separate account for each beneficiary.
The trust may be established by the person, a parent,
grandparent, legal guardian, or court. It must be established
for the sole benefit of the person and language contained in
the trust shall stipulate that any amount remaining in the
trust (up to the amount expended by the Department on medical
assistance) that is not retained by the trust for reasonable
administrative costs related to wrapping up the affairs of the
subaccount shall be paid to the Department upon the death of
the person. After a person reaches age 65, any funding by or on

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behalf of the person to the trust shall be treated as a
transfer of assets for less than fair market value unless the
person is a ward of a county public guardian or the Division of
State Guardian pursuant to Section 13-5 of the Probate Act of
1975 or Section 30 of the Guardianship and Advocacy Act and
lives in the community, or the person is a ward of a county
public guardian or the Division of State Guardian pursuant to
Section 13-5 of the Probate Act of 1975 or Section 30 of the
Guardianship and Advocacy Act and a court has found that any
expenditures from the trust will maintain or enhance the
person's quality of life. If the trust contains proceeds from
a personal injury settlement, any Department charge must be
satisfied in order for the transfer to the trust to be treated
as a transfer for fair market value.
(e) The homestead shall be exempt from consideration
except to the extent that it meets the income and shelter needs
of the person. "Homestead" means the dwelling house and
contiguous real estate owned and occupied by the person,
regardless of its value. Subject to federal approval, a person
shall not be eligible for long-term care services, however, if
the person's equity interest in his or her homestead exceeds
the minimum home equity as allowed and increased annually
under federal law. Subject to federal approval, on and after
the effective date of this amendatory Act of the 97th General
Assembly, homestead property transferred to a trust shall no
longer be considered homestead property.

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(f) Occasional or irregular gifts in cash, goods or
services from persons who are not legally responsible
relatives which are of nominal value or which do not have
significant effect in meeting essential requirements shall be
disregarded.
(g) The eligibility of any applicant for or recipient of
public aid under this Article is not affected by the payment of
any grant under the "Senior Citizens and Disabled Persons
Property Tax Relief Act" or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
(h) The Illinois Department may, after appropriate
investigation, establish and implement a consolidated standard
to determine need and eligibility for and amount of benefits
under this Article or a uniform cash supplement to the federal
Supplemental Security Income program for all or any part of
the then current recipients under this Article; provided,
however, that the establishment or implementation of such a
standard or supplement shall not result in reductions in
benefits under this Article for the then current recipients of
such benefits.
(i) The provisions under paragraph (4) of subsection (c)
are subject to federal approval. The Department of Healthcare
and Family Services shall apply for any necessary federal
waivers or approvals to implement by January 1, 2023 the
changes made to this Section by this amendatory Act of the

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102nd General Assembly.
(Source: P.A. 102-959, eff. 5-27-22.)
Section 90. The Adult Protective Services Act is amended
by changing Sections 2 and 3.5 as follows:
(320 ILCS 20/2) (from Ch. 23, par. 6602)
Sec. 2. Definitions. As used in this Act, unless the
context requires otherwise:
(a) "Abandonment" means the desertion or willful forsaking
of an eligible adult by an individual responsible for the care
and custody of that eligible adult under circumstances in
which a reasonable person would continue to provide care and
custody. Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abandonment because of health
care services provided or not provided by licensed health care
professionals.
(a-1) "Abuse" means causing any physical, mental or sexual
injury to an eligible adult, including exploitation of such
adult's financial resources, and abandonment or subjecting an
eligible adult to an environment which creates a likelihood of
harm to the eligible adult's health, physical and emotional
well-being, or welfare.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse, abandonment, neglect, or
self-neglect for the sole reason that he or she is being

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furnished with or relies upon treatment by spiritual means
through prayer alone, in accordance with the tenets and
practices of a recognized church or religious denomination.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse because of health care
services provided or not provided by licensed health care
professionals.
Nothing in this Act shall be construed to mean that an
eligible adult is a victim of abuse in cases of criminal
activity by strangers, telemarketing scams, consumer fraud,
internet fraud, home repair disputes, complaints against a
homeowners' association, or complaints between landlords and
tenants.
(a-5) "Abuser" means a person who is a family member,
caregiver, or another person who has a continuing relationship
with the eligible adult and abuses, abandons, neglects, or
financially exploits an eligible adult.
(a-6) "Adult with disabilities" means a person aged 18
through 59 who resides in a domestic living situation and
whose disability as defined in subsection (c-5) impairs his or
her ability to seek or obtain protection from abuse,
abandonment, neglect, or exploitation.
(a-7) "Caregiver" means a person who either as a result of
a family relationship, voluntarily, or in exchange for
compensation has assumed responsibility for all or a portion
of the care of an eligible adult who needs assistance with

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activities of daily living or instrumental activities of daily
living.
(b) "Department" means the Department on Aging of the
State of Illinois.
(c) "Director" means the Director of the Department.
(c-5) "Disability" means a physical or mental disability,
including, but not limited to, a developmental disability, an
intellectual disability, a mental illness as defined under the
Mental Health and Developmental Disabilities Code, or dementia
as defined under the Alzheimer's Disease Assistance Act.
(d) "Domestic living situation" means a residence where
the eligible adult at the time of the report lives alone or
with his or her family or a caregiver, or others, or other
community-based unlicensed facility, but is not:
(1) A licensed facility as defined in Section 1-113 of
the Nursing Home Care Act;
(1.5) A facility licensed under the ID/DD Community
Care Act;
(1.6) A facility licensed under the MC/DD Act;
(1.7) A facility licensed under the Specialized Mental
Health Rehabilitation Act of 2013;
(2) A "life care facility" as defined in the Life Care
Facilities Act;
(3) A home, institution, or other place operated by
the federal government or agency thereof or by the State
of Illinois;

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(4) A hospital, sanitarium, or other institution, the
principal activity or business of which is the diagnosis,
care, and treatment of human illness through the
maintenance and operation of organized facilities
therefor, which is required to be licensed under the
Hospital Licensing Act;
(5) A "community living facility" as defined in the
Community Living Facilities Licensing Act;
(6) (Blank);
(7) A "community-integrated living arrangement" as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act or a "community
residential alternative" as licensed under that Act;
(8) An assisted living or shared housing establishment
as defined in the Assisted Living and Shared Housing Act;
or
(9) A supportive living facility as described in
Section 5-5.01a of the Illinois Public Aid Code.
(e) "Eligible adult" means either an adult with
disabilities aged 18 through 59 or a person aged 60 or older
who resides in a domestic living situation and is, or is
alleged to be, abused, abandoned, neglected, or financially
exploited by another individual or who neglects himself or
herself. "Eligible adult" also includes an adult who resides
in any of the facilities that are excluded from the definition
of "domestic living situation" under paragraphs (1) through

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(9) of subsection (d), if either: (i) the alleged abuse,
abandonment, or neglect occurs outside of the facility and not
under facility supervision and the alleged abuser is a family
member, caregiver, or another person who has a continuing
relationship with the adult; or (ii) the alleged financial
exploitation is perpetrated by a family member, caregiver, or
another person who has a continuing relationship with the
adult, but who is not an employee of the facility where the
adult resides.
(f) "Emergency" means a situation in which an eligible
adult is living in conditions presenting a risk of death or
physical, mental or sexual injury and the provider agency has
reason to believe the eligible adult is unable to consent to
services which would alleviate that risk.
(f-1) "Financial exploitation" means the use of an
eligible adult's resources by another to the disadvantage of
that adult or the profit or advantage of a person other than
that adult.
(f-3) "Investment advisor" means any person required to
register as an investment adviser or investment adviser
representative under Section 8 of the Illinois Securities Law
of 1953, which for purposes of this Act excludes any bank,
trust company, savings bank, or credit union, or their
respective employees.
(f-5) "Mandated reporter" means any of the following
persons while engaged in carrying out their professional

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duties:
(1) a professional or professional's delegate while
engaged in: (i) social services, (ii) law enforcement,
(iii) education, (iv) the care of an eligible adult or
eligible adults, or (v) any of the occupations required to
be licensed under the Behavior Analyst Licensing Act, the
Clinical Psychologist Licensing Act, the Clinical Social
Work and Social Work Practice Act, the Illinois Dental
Practice Act, the Dietitian Nutritionist Practice Act, the
Marriage and Family Therapy Licensing Act, the Medical
Practice Act of 1987, the Naprapathic Practice Act, the
Nurse Practice Act, the Nursing Home Administrators
Licensing and Disciplinary Act, the Illinois Occupational
Therapy Practice Act, the Illinois Optometric Practice Act
of 1987, the Pharmacy Practice Act, the Illinois Physical
Therapy Act, the Physician Assistant Practice Act of 1987,
the Podiatric Medical Practice Act of 1987, the
Respiratory Care Practice Act, the Professional Counselor
and Clinical Professional Counselor Licensing and Practice
Act, the Illinois Speech-Language Pathology and Audiology
Practice Act, the Veterinary Medicine and Surgery Practice
Act of 2004, and the Illinois Public Accounting Act;
(1.5) an employee of an entity providing developmental
disabilities services or service coordination funded by
the Department of Human Services;
(2) an employee of a vocational rehabilitation

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facility prescribed or supervised by the Department of
Human Services;
(3) an administrator, employee, or person providing
services in or through an unlicensed community based
facility;
(4) any religious practitioner who provides treatment
by prayer or spiritual means alone in accordance with the
tenets and practices of a recognized church or religious
denomination, except as to information received in any
confession or sacred communication enjoined by the
discipline of the religious denomination to be held
confidential;
(5) field personnel of the Department of Healthcare
and Family Services, Department of Public Health, and
Department of Human Services, and any county or municipal
health department;
(6) personnel of the Department of Human Services, the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, the State Fire Marshal, local fire
departments, the Department on Aging and its subsidiary
Area Agencies on Aging and provider agencies, except the
State Long Term Care Ombudsman and any of his or her
representatives or volunteers where prohibited from making
such a report pursuant to 45 CFR 1324.11(e)(3)(iv);
(7) any employee of the State of Illinois not
otherwise specified herein who is involved in providing

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services to eligible adults, including professionals
providing medical or rehabilitation services and all other
persons having direct contact with eligible adults;
(8) a person who performs the duties of a coroner or
medical examiner;
(9) a person who performs the duties of a paramedic or
an emergency medical technician; or
(10) a person who performs the duties of an investment
advisor.
(g) "Neglect" means another individual's failure to
provide an eligible adult with or willful withholding from an
eligible adult the necessities of life including, but not
limited to, food, clothing, shelter or health care. This
subsection does not create any new affirmative duty to provide
support to eligible adults. Nothing in this Act shall be
construed to mean that an eligible adult is a victim of neglect
because of health care services provided or not provided by
licensed health care professionals.
(h) "Provider agency" means any public or nonprofit agency
in a planning and service area that is selected by the
Department or appointed by the regional administrative agency
with prior approval by the Department on Aging to receive and
assess reports of alleged or suspected abuse, abandonment,
neglect, or financial exploitation. A provider agency is also
referenced as a "designated agency" in this Act.
(i) "Regional administrative agency" means any public or

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nonprofit agency in a planning and service area that provides
regional oversight and performs functions as set forth in
subsection (b) of Section 3 of this Act. The Department shall
designate an Area Agency on Aging as the regional
administrative agency or, in the event the Area Agency on
Aging in that planning and service area is deemed by the
Department to be unwilling or unable to provide those
functions, the Department may serve as the regional
administrative agency or designate another qualified entity to
serve as the regional administrative agency; any such
designation shall be subject to terms set forth by the
Department.
(i-5) "Self-neglect" means a condition that is the result
of an eligible adult's inability, due to physical or mental
impairments, or both, or a diminished capacity, to perform
essential self-care tasks that substantially threaten his or
her own health, including: providing essential food, clothing,
shelter, and health care; and obtaining goods and services
necessary to maintain physical health, mental health,
emotional well-being, and general safety. The term includes
compulsive hoarding, which is characterized by the acquisition
and retention of large quantities of items and materials that
produce an extensively cluttered living space, which
significantly impairs the performance of essential self-care
tasks or otherwise substantially threatens life or safety.
(j) "Substantiated case" means a reported case of alleged

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or suspected abuse, abandonment, neglect, financial
exploitation, or self-neglect in which a provider agency,
after assessment, determines that there is reason to believe
abuse, abandonment, neglect, or financial exploitation has
occurred.
(k) "Verified" means a determination that there is "clear
and convincing evidence" that the specific injury or harm
alleged was the result of abuse, abandonment, neglect, or
financial exploitation.
(Source: P.A. 102-244, eff. 1-1-22; 102-953, eff. 5-27-22;
103-329, eff. 1-1-24; 103-626, eff. 1-1-25.)
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, abandonment, neglect,
financial exploitation, and self-neglect, including, but
not limited to, promotion of public and professional
education to increase awareness of abuse, abandonment,
neglect, financial exploitation, and self-neglect; to

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increase reports; to establish access to and use of the
Registry established under Section 7.5; and to improve
response by various legal, financial, social, and health
systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the Illinois State Police,
the Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Department of
Disability Advocacy and Illinois Guardianship and Advocacy
Commission, the Family Violence Coordinating Council, the
Illinois Violence Prevention Authority, and other entities
which may impact awareness of, and response to, abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to

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include but not be limited to the Office of the Attorney
General, the Illinois State Police, the Illinois Law
Enforcement Training Standards Board, the State Triad, the
Illinois Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution; and
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by

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financial institutions for their current and new employees
with direct customer contact; the Department of Financial
and Professional Regulation shall retain sole visitation
and enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1).
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-626, eff. 1-1-25.)
Section 95. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 2-103,
2-108, 2-109, 2-114, 2-200, 2-201, 3-206, 3-405, 3-805, 3-910,
4-201.1, 4-203, 4-605, and 5-100 as follows:
(405 ILCS 5/2-103) (from Ch. 91 1/2, par. 2-103)
Sec. 2-103. Except as provided in this Section, a
recipient who resides in a mental health or developmental
disabilities facility shall be permitted unimpeded, private,
and uncensored communication with persons of his choice by
mail, telephone and visitation.
(a) The facility director shall ensure that correspondence
can be conveniently received and mailed, that telephones are
reasonably accessible, and that space for visits is available.
Writing materials, postage and telephone usage funds shall be

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provided in reasonable amounts to recipients who reside in
Department facilities and who are unable to procure such
items.
(b) Reasonable times and places for the use of telephones
and for visits may be established in writing by the facility
director.
(c) Unimpeded, private and uncensored communication by
mail, telephone, and visitation may be reasonably restricted
by the facility director only in order to protect the
recipient or others from harm, harassment or intimidation,
provided that notice of such restriction shall be given to all
recipients upon admission. When communications are restricted,
the facility shall advise the recipient that he has the right
to require the facility to notify the affected parties of the
restriction, and to notify such affected party when the
restrictions are no longer in effect. However, all letters
addressed by a recipient to the Governor, members of the
General Assembly, Attorney General, judges, state's attorneys,
the Department of Disability Advocacy and Guardianship and
Advocacy Commission, or the Agency designated pursuant to "An
Act in relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending Acts
therein named", approved September 20, 1985, officers of the
Department, or licensed attorneys at law must be forwarded at
once to the persons to whom they are addressed without
examination by the facility authorities. Letters in reply from

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the officials and attorneys mentioned above must be delivered
to the recipient without examination by the facility
authorities.
(d) No facility shall prevent any attorney who represents
a recipient or who has been requested to do so by any relative
or family member of the recipient, from visiting a recipient
during normal business hours, unless that recipient refuses to
meet with the attorney.
(e) Whenever, as the result of the closing or the
reduction in the number of units or available beds of any
mental health facility operated by the Department of Human
Services, the State determines to enter into a contract with
any mental health facility to provide hospitalization to
persons who would otherwise be served by the State-operated
mental health facility, the resident shall be entitled to the
same rights under this Section.
(Source: P.A. 97-1007, eff. 8-17-12.)
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used only
as a therapeutic measure to prevent a recipient from causing
physical harm to himself or physical abuse to others.
Restraint may only be applied by a person who has been trained
in the application of the particular type of restraint to be
utilized. In no event shall restraint be utilized to punish or
discipline a recipient, nor is restraint to be used as a

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convenience for the staff.
(a) Except as provided in this Section, restraint shall be
employed only upon the written order of a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities. No restraint shall be
ordered unless the physician, clinical psychologist, clinical
social worker, clinical professional counselor, advanced
practice psychiatric nurse, or registered nurse with
supervisory responsibilities, after personally observing and
examining the recipient, is clinically satisfied that the use
of restraint is justified to prevent the recipient from
causing physical harm to himself or others. In no event may
restraint continue for longer than 2 hours unless within that
time period a nurse with supervisory responsibilities,
advanced practice psychiatric nurse, or a physician confirms,
in writing, following a personal examination of the recipient,
that the restraint does not pose an undue risk to the
recipient's health in light of the recipient's physical or
medical condition. The order shall state the events leading up
to the need for restraint and the purposes for which restraint
is employed. The order shall also state the length of time
restraint is to be employed and the clinical justification for
that length of time. No order for restraint shall be valid for
more than 16 hours. If further restraint is required, a new
order must be issued pursuant to the requirements provided in

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this Section.
(b) In the event there is an emergency requiring the
immediate use of restraint, it may be ordered temporarily by a
qualified person only where a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or registered
nurse with supervisory responsibilities is not immediately
available. In that event, an order by a nurse, clinical
psychologist, clinical social worker, clinical professional
counselor, advanced practice psychiatric nurse, or physician
shall be obtained pursuant to the requirements of this Section
as quickly as possible, and the recipient shall be examined by
a physician or supervisory nurse within 2 hours after the
initial employment of the emergency restraint. Whoever orders
restraint in emergency situations shall document its necessity
and place that documentation in the recipient's record.
(c) The person who orders restraint shall inform the
facility director or his designee in writing of the use of
restraint within 24 hours.
(d) The facility director shall review all restraint
orders daily and shall inquire into the reasons for the orders
for restraint by any person who routinely orders them.
(e) Restraint may be employed during all or part of one
24-hour 24 hour period, the period commencing with the initial
application of the restraint. However, once restraint has been
employed during one 24-hour 24 hour period, it shall not be

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used again on the same recipient during the next 48 hours
without the prior written authorization of the facility
director.
(f) Restraint shall be employed in a humane and
therapeutic manner and the person being restrained shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than once every 15 minutes.
The qualified person shall maintain a record of the
observations. Specifically, unless there is an immediate
danger that the recipient will physically harm himself or
others, restraint shall be loosely applied to permit freedom
of movement. Further, the recipient shall be permitted to have
regular meals and toilet privileges free from the restraint,
except when freedom of action may result in physical harm to
the recipient or others.
(g) Every facility that employs restraint shall provide
training in the safe and humane application of each type of
restraint employed. The facility shall not authorize the use
of any type of restraint by an employee who has not received
training in the safe and humane application of that type of
restraint. Each facility in which restraint is used shall
maintain records detailing which employees have been trained
and are authorized to apply restraint, the date of the
training and the type of restraint that the employee was
trained to use.
(h) Whenever restraint is imposed upon any recipient whose

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primary mode of communication is sign language, the recipient
shall be permitted to have his hands free from restraint for
brief periods each hour, except when freedom may result in
physical harm to the recipient or others.
(i) A recipient who is restrained may only be secluded at
the same time pursuant to an explicit written authorization as
provided in Section 2-109 of this Code. Whenever a recipient
is restrained, a member of the facility staff shall remain
with the recipient at all times unless the recipient has been
secluded. A recipient who is restrained and secluded shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than every 15 minutes.
(j) Whenever restraint is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of
this Code, to have any person of his choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission or the agency designated pursuant to the
Protection and Advocacy for Persons with Developmental
Disabilities Act notified of the restraint. A recipient who is
under guardianship may request that any person of his choosing
be notified of the restraint whether or not the guardian
approves of the notice. Whenever the Department of Disability
Advocacy and Guardianship and Advocacy Commission is notified
that a recipient has been restrained, it shall contact that
recipient to determine the circumstances of the restraint and
whether further action is warranted.

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(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/2-109) (from Ch. 91 1/2, par. 2-109)
Sec. 2-109. Seclusion. Seclusion may be used only as a
therapeutic measure to prevent a recipient from causing
physical harm to himself or physical abuse to others. In no
event shall seclusion be utilized to punish or discipline a
recipient, nor is seclusion to be used as a convenience for the
staff.
(a) Seclusion shall be employed only upon the written
order of a physician, clinical psychologist, clinical social
worker, clinical professional counselor, advanced practice
psychiatric nurse, or registered nurse with supervisory
responsibilities. No seclusion shall be ordered unless the
physician, clinical psychologist, clinical social worker,
clinical professional counselor, advanced practice psychiatric
nurse, or registered nurse with supervisory responsibilities,
after personally observing and examining the recipient, is
clinically satisfied that the use of seclusion is justified to
prevent the recipient from causing physical harm to himself or
others. In no event may seclusion continue for longer than 2
hours unless within that time period a nurse with supervisory
responsibilities, advanced practice psychiatric nurse, or a
physician confirms in writing, following a personal
examination of the recipient, that the seclusion does not pose
an undue risk to the recipient's health in light of the

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recipient's physical or medical condition. The order shall
state the events leading up to the need for seclusion and the
purposes for which seclusion is employed. The order shall also
state the length of time seclusion is to be employed and the
clinical justification for the length of time. No order for
seclusion shall be valid for more than 16 hours. If further
seclusion is required, a new order must be issued pursuant to
the requirements provided in this Section.
(b) The person who orders seclusion shall inform the
facility director or his designee in writing of the use of
seclusion within 24 hours.
(c) The facility director shall review all seclusion
orders daily and shall inquire into the reasons for the orders
for seclusion by any person who routinely orders them.
(d) Seclusion may be employed during all or part of one
16-hour 16 hour period, that period commencing with the
initial application of the seclusion. However, once seclusion
has been employed during one 16-hour 16 hour period, it shall
not be used again on the same recipient during the next 48
hours without the prior written authorization of the facility
director.
(e) The person who ordered the seclusion shall assign a
qualified person to observe the recipient at all times. A
recipient who is restrained and secluded shall be observed by
a qualified person as often as is clinically appropriate but
in no event less than once every 15 minutes.

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(f) Safety precautions shall be followed to prevent
injuries to the recipient in the seclusion room. Seclusion
rooms shall be adequately lighted, heated, and furnished. If a
door is locked, someone with a key shall be in constant
attendance nearby.
(g) Whenever seclusion is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of
this Code, to have any person of his choosing, including the
Department of Disability Advocacy and Guardianship and
Advocacy Commission notified of the seclusion. A person who is
under guardianship may request that any person of his choosing
be notified of the seclusion whether or not the guardian
approves of the notice. Whenever the Department of Disability
Advocacy and Guardianship and Advocacy Commission is notified
that a recipient has been secluded, it shall contact that
recipient to determine the circumstances of the seclusion and
whether further action is warranted.
(Source: P.A. 101-587, eff. 1-1-20.)
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114. (a) Whenever an attorney or other advocate
from the Department of Disability Advocacy and Guardianship
and Advocacy Commission or the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Act or any other
attorney advises a facility in which a recipient is receiving

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inpatient mental health services that he is presently
representing the recipient, or has been appointed by any court
or administrative agency to do so or has been requested to
represent the recipient by a member of the recipient's family,
the facility shall, subject to the provisions of Section 2-113
of this Code, disclose to the attorney or advocate whether the
recipient is presently residing in the facility and, if so,
how the attorney or advocate may communicate with the
recipient.
(b) The facility may take reasonable precautions to
identify the attorney or advocate. No further information
shall be disclosed to the attorney or advocate except in
conformity with the authorization procedures contained in the
Mental Health and Developmental Disabilities Confidentiality
Act.
(c) Whenever the location of the recipient has been
disclosed to an attorney or advocate, the facility director
shall inform the recipient of that fact and shall note this
disclosure in the recipient's records.
(d) An attorney or advocate who receives any information
under this Section may not disclose this information to anyone
else without the written consent of the recipient obtained
pursuant to Section 5 of the Mental Health and Developmental
Disabilities Confidentiality Act.
(Source: P.A. 99-143, eff. 7-27-15.)

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(405 ILCS 5/2-200) (from Ch. 91 1/2, par. 2-200)
Sec. 2-200. (a) Upon commencement of services, or as soon
thereafter as the condition of the recipient permits, every
adult recipient, as well as the recipient's guardian or
substitute decision maker, and every recipient who is 12 years
of age or older and the parent or guardian of a minor or person
under guardianship shall be informed orally and in writing of
the rights guaranteed by this Chapter which are relevant to
the nature of the recipient's services program. The notice
shall include, if applicable, the recipient's right to request
a transfer to a different Department facility under Section
3-908. Every facility shall also post conspicuously in public
areas a summary of the rights which are relevant to the
services delivered by that facility as well as contact
information for the Department of Disability Advocacy and
Guardianship and Advocacy Commission and the agency designated
by the Governor under Section 1 of the Protection and Advocacy
for Persons with Developmental Disabilities Act.
(b) A recipient who is 12 years of age or older and the
parent or guardian of a minor or person under guardianship at
any time may designate, and upon commencement of services
shall be informed of the right to designate, a person or agency
to receive notice under Section 2-201 or to direct that no
information about the recipient be disclosed to any person or
agency.
(c) Upon commencement of services, or as soon thereafter

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as the condition of the recipient permits, the facility shall
ask the adult recipient or minor recipient admitted pursuant
to Section 3-502 whether the recipient wants the facility to
contact the recipient's spouse, parents, guardian, close
relatives, friends, attorney, advocate from the Department of
Disability Advocacy and Guardianship and Advocacy Commission
or the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Persons with Developmental
Disabilities Act, or others and inform them of the recipient's
presence at the facility. The facility shall by phone or by
mail contact at least two of those people designated by the
recipient and shall inform them of the recipient's location.
If the recipient so requests, the facility shall also inform
them of how to contact the recipient.
(d) Upon commencement of services, or as soon thereafter
as the condition of the recipient permits, the facility shall
advise the recipient as to the circumstances under which the
law permits the use of emergency forced medication or
electroconvulsive therapy under subsection (a) of Section
2-107, restraint under Section 2-108, or seclusion under
Section 2-109. At the same time, the facility shall inquire of
the recipient which form of intervention the recipient would
prefer if any of these circumstances should arise. The
recipient's preference shall be noted in the recipient's
record and communicated by the facility to the recipient's
guardian or substitute decision maker, if any, and any other

10400HB0862ham002 - 128 - LRB104 04759 SPS 36757 a
individual designated by the recipient. If any such
circumstances subsequently do arise, the facility shall give
due consideration to the preferences of the recipient
regarding which form of intervention to use as communicated to
the facility by the recipient or as stated in the recipient's
advance directive.
(Source: P.A. 102-593, eff. 8-27-21.)
(405 ILCS 5/2-201) (from Ch. 91 1/2, par. 2-201)
Sec. 2-201. (a) Whenever any rights of a recipient of
services that are specified in this Chapter are restricted,
the professional responsible for overseeing the implementation
of the recipient's services plan shall be responsible for
promptly giving notice of the restriction or use of restraint
or seclusion and the reason therefor to:
(1) the recipient and, if such recipient is a minor or
under guardianship, his parent or guardian;
(2) a person designated under subsection (b) of
Section 2-200 upon commencement of services or at any
later time to receive such notice;
(3) the facility director;
(4) the Department of Disability Advocacy and
Guardianship and Advocacy Commission, or the agency
designated under "An Act in relation to the protection and
advocacy of the rights of persons with developmental
disabilities, and amending Acts therein named", approved

10400HB0862ham002 - 129 - LRB104 04759 SPS 36757 a
September 20, 1985, if either is so designated; and
(5) the recipient's substitute decision maker, if any.
The professional shall also be responsible for promptly
recording such restriction or use of restraint or seclusion
and the reason therefor in the recipient's record.
(b) The facility director shall maintain a file of all
notices of restrictions of rights, or the use of restraint or
seclusion for the past 3 years. The facility director shall
allow the Department of Disability Advocacy and Guardianship
and Advocacy Commission, the agency designated by the Governor
under Section 1 of "An Act in relation to the protection and
advocacy of the rights of persons with developmental
disabilities, and amending Acts therein named," approved
September 20, 1985, and the Department to examine and copy
such records upon request. Records obtained under this Section
shall not be further disclosed except pursuant to written
authorization of the recipient under Section 5 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-206) (from Ch. 91 1/2, par. 3-206)
Sec. 3-206. Whenever a person is admitted or objects to
admission, and whenever a recipient is notified that his legal
status is to be changed, the facility director of the mental
health facility shall provide the person, if he is 12 or older,
with the address and phone number of the Department of

10400HB0862ham002 - 130 - LRB104 04759 SPS 36757 a
Disability Advocacy and Guardianship and Advocacy Commission.
If the person requests, the facility director shall assist him
in contacting the Department of Disability Advocacy and
Guardianship Commission.
(Source: P.A. 88-380.)
(405 ILCS 5/3-405) (from Ch. 91 1/2, par. 3-405)
Sec. 3-405. (a) If the facility director of a Department
mental health facility declines to admit a person seeking
admission under Articles III or IV of this Chapter, a review of
the denial may be requested by the person seeking admission
or, with his consent, by an interested person on his behalf.
Such a request may be made on behalf of a minor presented for
admission under Section 3-502, 3-503 or 3-504 by the minor's
attorney, by the parent, guardian or person in loco parentis
who executed the application for his admission, or by the
minor himself if he is 16 years of age or older. Whenever
admission to a Department facility is denied, the person
seeking admission shall immediately be given written notice of
the right to request review of the denial under this Section
and shall be provided, if he is 12 or older, with the address
and phone number of the Department of Disability Advocacy and
Guardianship and Advocacy Commission. If the person requests,
the facility director shall assist him in contacting the
Department of Disability Advocacy and Guardianship Commission.
A written request for review shall be submitted to the

10400HB0862ham002 - 131 - LRB104 04759 SPS 36757 a
director of the facility that denied admission within 14 days
of the denial. Upon receipt of the request, the facility
director shall promptly schedule a hearing to be held at the
denying facility within 7 days pursuant to Section 3-207.
(b) At the hearing the Department shall have the burden of
proving that the person denied admission does not meet the
standard set forth in the Section under which admission is
sought or that an appropriate alternative community treatment
program was available to meet the person's needs and was
offered. If the utilization review committee finds that the
decision denying admission is based upon substantial evidence,
it shall recommend that the denial of admission be upheld.
However, if it finds that the facility to which admission is
sought can provide adequate and appropriate treatment for the
person and no appropriate community alternative treatment is
available, it shall recommend that the person denied admission
be admitted. If it determines that another facility can
provide treatment appropriate to the clinical condition and
needs of the person denied admission, it may recommend that
the Department or other agency assist the person in obtaining
such treatment.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-805) (from Ch. 91 1/2, par. 3-805)
Sec. 3-805. Every respondent alleged to be subject to
involuntary admission on an inpatient or outpatient basis

10400HB0862ham002 - 132 - LRB104 04759 SPS 36757 a
shall be represented by counsel. If the respondent is indigent
or an appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint counsel
for him. A hearing shall not proceed when a respondent is not
represented by counsel unless, after conferring with counsel,
the respondent requests to represent himself and the court is
satisfied that the respondent has the capacity to make an
informed waiver of his right to counsel. Counsel shall be
allowed time for adequate preparation and shall not be
prevented from conferring with the respondent at reasonable
times nor from making an investigation of the matters in issue
and presenting such relevant evidence as he believes is
necessary.
1. If the court determines that the respondent is unable
to obtain counsel, the court shall appoint as counsel an
attorney employed by or under contract with the Department of
Disability Advocacy and Guardianship and Mental Health
Advocacy Commission, if available.
2. If an attorney from the Department of Disability
Advocacy and Guardianship and Mental Health Advocacy
Commission is not available, the court shall appoint as
counsel the public defender or, only if no public defender is
available, an attorney licensed to practice law in this State.
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall

10400HB0862ham002 - 133 - LRB104 04759 SPS 36757 a
determine a reasonable fee for such services. If the
respondent is unable to pay the fee, the court shall enter an
order upon the county to pay the entire fee or such amount as
the respondent is unable to pay.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(405 ILCS 5/3-910) (from Ch. 91 1/2, par. 3-910)
Sec. 3-910. (a) Whenever a recipient who has been in a
Department facility for more than 7 days is to be transferred
to another facility under Section 3-908, the facility director
of the facility shall give written notice at least 14 days
before the transfer to the recipient, his attorney, guardian,
if any, and responsible relative. In the case of a minor,
notice shall be given to his attorney, to the parent,
guardian, or person in loco parentis who executed the
application for his admission, and to the minor himself if he
is 12 years of age or older. The notice shall include the
reasons for transfer, a statement of the right to object and
the address and phone number of the Department of Disability
Advocacy and Guardianship and Advocacy Commission. If the
recipient requests, the facility director shall assist him in
contacting the Department of Disability Advocacy and
Guardianship Commission.
(b) In an emergency, when the health of the recipient or
the physical safety of the recipient or others is imminently
imperiled and appropriate care is not available where the

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recipient is located, a recipient may be immediately
transferred to another facility provided that notice of the
transfer is given as soon as possible but not more than 48
hours after transfer. The reason for the emergency shall be
noted in the recipient's record and specified in the notice.
(c) A recipient may object to his transfer or his
attorney, guardian, or responsible relative may object on his
behalf. In the case of a minor, his attorney, the person who
executed the application for admission, or the minor himself
if he is 12 years of age or older, may object to the transfer.
Prior to transfer or within 14 days after an emergency
transfer, a written objection shall be submitted to the
facility director of the facility where the recipient is
located. Upon receipt of an objection, the facility director
shall promptly schedule a hearing to be held within 7 days
pursuant to Section 3-207. The hearing shall be held at the
transferring facility except that when an emergency transfer
has taken place the hearing may be held at the receiving
facility. Except in an emergency, no transfer shall proceed
pending hearing on an objection.
(d) At the hearing the Department shall have the burden of
proving that the standard for transfer under Section 3-908 is
met. If the transfer is to a facility which is substantially
more physically restrictive than the transferring facility,
the Department shall also prove that the transfer is
reasonably required for the safety of the recipient or others.

10400HB0862ham002 - 135 - LRB104 04759 SPS 36757 a
If the utilization review committee finds that the Department
has sustained its burden and the decision to transfer is based
upon substantial evidence, it shall recommend that the
transfer proceed. If it does not so find, it shall recommend
that the recipient not be transferred.
(Source: P.A. 88-380.)
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 4-201.1. (a) A person residing in a Department mental
health facility who is evaluated as having a mild or moderate
intellectual disability, an attorney or advocate representing
the person, or a guardian of such person may object to the
Department facility director's certification required in
Section 4-201, the treatment and habilitation plan, or
appropriateness of setting, and obtain an administrative
decision requiring revision of a treatment or habilitation
plan or change of setting, by utilization review as provided
in Sections 3-207 and 4-209 of this Code. As part of this
utilization review, the Committee shall include as one of its
members a qualified intellectual disabilities professional.
(b) The mental health facility director shall give written
notice to each person evaluated as having a mild or moderate
intellectual disability, the person's attorney and guardian,
if any, or in the case of a minor, to his or her attorney, to
the parent, guardian or person in loco parentis and to the
minor if 12 years of age or older, of the person's right to

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request a review of the facility director's initial or
subsequent determination that such person is appropriately
placed or is receiving appropriate services. The notice shall
also provide the address and phone number of the Division of
Legal Advocacy Service of the Department of Disability
Advocacy and Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If
requested, the facility director shall assist the person or
guardian in contacting the Division of Legal Advocacy Service.
This notice shall be given within 24 hours of Department's
evaluation by the Department of Human Services that the person
has a mild or moderate intellectual disability.
(c) Any recipient of services who successfully challenges
a final decision of the Secretary of the Department (or his or
her designee) reviewing an objection to the certification
required under Section 4-201, the treatment and habilitation
plan, or the appropriateness of the setting shall be entitled
to recover reasonable attorney's fees incurred in that
challenge, unless the Department's position was substantially
justified.
(Source: P.A. 99-143, eff. 7-27-15.)
(405 ILCS 5/4-203) (from Ch. 91 1/2, par. 4-203)
Sec. 4-203. (a) Every developmental disabilities facility
shall maintain adequate records which shall include the
Section of this Act under which the client was admitted, any

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subsequent change in the client's status, and requisite
documentation for such admission and status.
(b) The Department shall ensure that a monthly report is
maintained for each Department mental health facility, and
each unit of a Department developmental disability facility
for dually diagnosed persons, which lists (1) initials of
persons admitted to, residing at, or discharged from a
Department mental health facility or unit for dually diagnosed
persons of Department developmental disability facility during
that month with a primary or secondary diagnosis of
intellectual disability, (2) the date and facility and unit of
admission or continuing, care, (3) the legal admission status,
(4) the recipient's diagnosis, (5) the date and facility and
unit of transfer or discharge, (6) whether or not there is a
public or private guardian, (7) whether the facility director
has certified that appropriate treatment and habilitation are
available for and being provided to such person pursuant to
Section 4-203 of this Chapter, and (8) whether the person or a
guardian has requested review as provided in Section 4-209 of
this Chapter and, if so, the outcome of the review. The
Secretary of the Department shall furnish a copy of each
monthly report upon request to the Department of Disability
Advocacy and Guardianship and Advocacy Commission and the
agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of
persons with developmental disabilities, and amending certain

10400HB0862ham002 - 138 - LRB104 04759 SPS 36757 a
Acts therein named", approved September 20, 1985, and under
Section 1 of "An Act for the protection and advocacy of
mentally ill persons", approved September 20, 1987.
(c) Nothing contained in this Chapter shall be construed
to limit or otherwise affect the power of any developmental
disabilities facility to determine the qualifications of
persons permitted to admit clients to such facility. This
subsection shall not affect or limit the powers of any court to
order admission to a developmental disabilities facility as
set forth in this Chapter.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-605) (from Ch. 91 1/2, par. 4-605)
Sec. 4-605. Every respondent alleged to meet the standard
for judicial admission shall be represented by counsel. If the
respondent is indigent or an appearance has not been entered
on his behalf at the time the matter is set for hearing, the
court shall appoint counsel for him. A hearing shall not
proceed when a respondent is not represented by counsel
unless, after conferring with counsel, the respondent requests
to represent himself and the court is satisfied that the
respondent has the capacity to make an informed waiver of his
right to counsel. Counsel shall be allowed time for adequate
preparation and shall not be prevented from conferring with
the respondent at reasonable times nor from making an
investigation of the matters in issue and presenting such

10400HB0862ham002 - 139 - LRB104 04759 SPS 36757 a
relevant evidence as he believes is necessary.
1. If the court determines that the respondent is unable
to obtain counsel, the court shall appoint as counsel an
attorney employed by or under contract with the Department of
Disability Advocacy and Guardianship and Advocacy Commission,
if available.
2. If an attorney from the Department of Disability
Advocacy and Guardianship and Advocacy Commission is not
available, the court shall appoint as counsel the public
defender or, only if no public defender is available, an
attorney licensed to practice law in this State.
3. Upon filing with the court of a verified statement of
legal services rendered by the private attorney appointed
pursuant to paragraph (2) of this Section, the court shall
determine a reasonable fee for such services. If the
respondent is unable to pay the fee, the court shall enter an
order upon the county to pay the entire fee or such amount as
the respondent is unable to pay.
(Source: P.A. 85-1247.)
(405 ILCS 5/5-100) (from Ch. 91 1/2, par. 5-100)
Sec. 5-100. Written notice of the death of a recipient of
services which occurs at a mental health or developmental
disabilities facility, or the death of a recipient of services
who has not been discharged from a mental health or
developmental disabilities facility but whose death occurs

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elsewhere, shall within 10 days of the death of a recipient be
mailed to the Department of Public Health which, for the
primary purpose of monitoring patterns of abuse and neglect of
recipients of services, shall make such notices available to
the Department of Disability Advocacy and Guardianship and
Advocacy Commission and to the agency designated by the
Governor under Section 1 of "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
approved September 20, 1985. Such notice shall include the
name of the recipient, the name and address of the facility at
which the death occurred, the recipient's age, the nature of
the recipient's condition, including any evidence of the
previous injuries or disabilities, or relevant medical
conditions or any other information which might be helpful in
establishing the cause of death.
Written notice of the death of a recipient of services who
was admitted by court order, and the cause thereof shall, in
all cases, be mailed by the facility director to the court
entering the original admission order, and if possible, to the
same judge, and the time, place and alleged cause of such death
shall be entered upon the docket. Such notice must be mailed
within 10 days following the death of the recipient.
In the event of a sudden or mysterious death of any
recipient of services at any public or private facility, a
coroner's inquest shall be held as provided by law in other

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cases.
In cases where the deceased person was a recipient or
client of any state facility, and the fees for holding an
inquest cannot be collected out of his estate, such fees shall
be paid by the Department.
(Source: P.A. 88-380.)
Section 100. The Alzheimer's Disease Assistance Act is
amended by changing Section 6 as follows:
(410 ILCS 405/6) (from Ch. 111 1/2, par. 6956)
Sec. 6. Alzheimer's Disease Advisory Committee.
(a) There is created the Alzheimer's Disease Advisory
Committee consisting of 17 voting members appointed by the
Director of the Department, as well as 5 nonvoting members as
hereinafter provided in this Section. The Director or his
designee shall serve as one of the 17 voting members and as the
Chairman of the Committee. Those appointed as voting members
shall include persons who are experienced in research and the
delivery of services to individuals with Alzheimer's disease
or a related disorder and their families. Such members shall
include:
(1) one individual from a statewide association
dedicated to Alzheimer's care, support, and research;
(2) one individual from a non-governmental statewide
organization that advocates for seniors;

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(3) the Dementia Coordinator of the Illinois
Department of Public Health, or the Dementia Coordinator's
designee;
(4) one individual representing the Community Care
Program's Home and Community Services Division;
(5) one individual representing the Adult Protective
Services Unit;
(6) 3 individuals from Alzheimer's Disease Assistance
Centers;
(7) one individual from a statewide association
representing an adult day service organization;
(8) one individual from a statewide association
representing home care providers;
(9) one individual from a statewide trade organization
representing the interests of physicians licensed to
practice medicine in all of its branches in Illinois;
(10) one individual representing long-term care
facilities licensed under the Nursing Home Care Act, an
assisted living establishment licensed under the Assisted
Living and Shared Housing Act, or supportive living
facilities;
(11) one individual from a statewide association
representing the interests of social workers;
(12) one individual representing Area Agencies on
Aging;
(13) the Medicaid Director of the Department of

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Healthcare and Family Services, or the Medicaid Director's
designee;
(14) one individual from a statewide association
representing health education and promotion and public
health advocacy; and
(15) one individual with medical or academic
experience with early onset Alzheimer's disease or related
disorders.
(b) In addition to the 17 voting members, the Directors of
the following State agencies or their designees who are
qualified to represent each Department's programs and services
for those with Alzheimer's disease or related disorders shall
serve as nonvoting members: Department on Aging, Department of
Healthcare and Family Services, Department of Public Health,
Department of Human Services, and Department of Disability
Advocacy and Guardianship and Advocacy Commission.
Each voting member appointed by the Director of Public
Health shall serve for a term of 2 years, and until his
successor is appointed and qualified. Members of the Committee
shall not be compensated but shall be reimbursed for expenses
actually incurred in the performance of their duties.
Vacancies shall be filled in the same manner as original
appointments.
The Committee shall review all State programs and services
provided by State agencies that are directed toward persons
with Alzheimer's disease and related dementias, and by

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consensus recommend changes to improve the State's response to
this serious health problem. Such recommendations shall be
included in the State plan described in this Act.
(Source: P.A. 101-588, eff. 1-1-20.)
Section 103. The Vital Records Act is amended by changing
Section 25.2 as follows:
(410 ILCS 535/25.2)
Sec. 25.2. Division Office of State Guardian birth record
request.
(a) For purposes of this Section, an individual's status
as a person under guardianship of with the Division Office of
State Guardian may be verified with a copy of the court order
placing the individual under the guardianship of the Division
Office of State Guardian.
(b) The applicable fees under Section 17 for a new
certificate of birth and under Section 25 for a search for a
birth record or certified copy of a birth record shall be
waived for requests made by the Division Office of State
Guardian to the Office of the State Registrar of Vital Records
in Springfield for an individual under guardianship of the
Division Office of State Guardian, whose status is verified
under subsection (a) of this Section.
(c) The State Registrar of Vital Records shall establish
standards and procedures consistent with this Section for

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waiver of the applicable fees.
(d) An individual under guardianship shall be provided no
more than 4 birth records annually under this Section.
(Source: P.A. 103-682, eff. 7-1-25.)
Section 105. The Clerks of Courts Act is amended by
changing Section 27.3f as follows:
(705 ILCS 105/27.3f)
Sec. 27.3f. Guardianship and advocacy operations fee.
(a) As used in this Section, "guardianship and advocacy"
means the guardianship and advocacy services provided by the
Department of Disability Advocacy and Guardianship and
Advocacy Commission and defined in the Guardianship and
Advocacy Act. Viable public guardianship and advocacy
programs, including the public guardianship programs created
and supervised in probate proceedings in the Illinois courts,
are essential to the administration of justice and ensure that
incapacitated persons and their estates are protected. To
defray the expense of maintaining and operating the divisions
and programs of the Department of Disability Advocacy and
Guardianship and Advocacy Commission and to support viable
guardianship and advocacy programs throughout Illinois, each
circuit court clerk shall charge and collect a fee on all
matters filed in probate cases in accordance with this
Section, but no fees shall be assessed against the Division of

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State Guardian, any State agency under the jurisdiction of the
Governor, any public guardian, or any State's Attorney.
(b) No fee specified in this Section shall be imposed in
any minor guardianship established under Article XI of the
Probate Act of 1975, or against an indigent person. An
indigent person shall include any person who meets one or more
of the following criteria:
(1) He or she is receiving assistance under one or
more of the following public benefits programs:
Supplemental Security Income (SSI), Aid to the Aged,
Blind, and Disabled (AABD), Temporary Assistance for Needy
Families (TANF), Supplemental Nutrition Assistance Program
(SNAP) (formerly Food Stamps), General Assistance, State
Transitional Assistance, or State Children and Family
Assistance.
(2) His or her available income is 125% or less of the
current poverty level as established by the United States
Department of Health and Human Services, unless the
applicant's assets that are not exempt under Part 9 or 10
of Article XII of the Code of Civil Procedure are of a
nature and value that the court determines that the
applicant is able to pay the fees, costs, and charges.
(3) He or she is, in the discretion of the court,
unable to proceed in an action without payment of fees,
costs, and charges and whose payment of those fees, costs,
and charges would result in substantial hardship to the

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person or his or her family.
(4) He or she is an indigent person pursuant to
Section 5-105.5 of the Code of Civil Procedure, providing
that an "indigent person" means a person whose income is
125% or less of the current official federal poverty
guidelines or who is otherwise eligible to receive civil
legal services under the Legal Services Corporation Act of
1974.
(c) The clerk is entitled to receive the fee specified in
this Section, which shall be paid in advance, and managed by
the clerk as set out in paragraph (2), except that, for good
cause shown, the court may suspend, reduce, or release the
costs payable under this Section:
(1) For administration of the estate of a decedent
(whether testate or intestate) or of a missing person, a
fee of $100.
(2) The guardianship and advocacy operations fee, as
outlined in this Section, shall be in addition to all
other fees and charges and assessable as costs. Five
percent of the fee shall be retained by the clerk for
deposit into the Circuit Court Clerk Operation and
Administrative Fund to defray costs of collection and 95%
of the fee shall be disbursed within 60 days after receipt
by the circuit clerk to the State Treasurer for deposit by
the State Treasurer into the Guardianship and Advocacy
Fund.

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(Source: P.A. 97-1093, eff. 1-1-13.)
Section 110. The Criminal Code of 2012 is amended by
changing Section 12-9 as follows:
(720 ILCS 5/12-9) (from Ch. 38, par. 12-9)
Sec. 12-9. Threatening public officials; human service
providers.
(a) A person commits threatening a public official or
human service provider when:
(1) that person knowingly delivers or conveys,
directly or indirectly, to a public official or human
service provider by any means a communication:
(i) containing a threat that would place the
public official or human service provider or a member
of his or her immediate family in reasonable
apprehension of immediate or future bodily harm,
sexual assault, confinement, or restraint; or
(ii) containing a threat that would place the
public official or human service provider or a member
of his or her immediate family in reasonable
apprehension that damage will occur to property in the
custody, care, or control of the public official or
his or her immediate family; and
(2) the threat was conveyed because of the performance
or nonperformance of some public duty or duty as a human

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service provider, because of hostility of the person
making the threat toward the status or position of the
public official or the human service provider, or because
of any other factor related to the official's public
existence.
(a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of
a unique threat to the person, family or property of the
officer and not a generalized threat of harm.
(a-6) For purposes of a threat to a social worker,
caseworker, investigator, or human service provider, the
threat must contain specific facts indicative of a unique
threat to the person, family or property of the individual and
not a generalized threat of harm.
(b) For purposes of this Section:
(1) "Public official" means a person who is elected to
office in accordance with a statute or who is appointed to
an office which is established, and the qualifications and
duties of which are prescribed, by statute, to discharge a
public duty for the State or any of its political
subdivisions or in the case of an elective office any
person who has filed the required documents for nomination
or election to such office. "Public official" includes a
duly appointed assistant State's Attorney, assistant
Attorney General, or Appellate Prosecutor; a sworn law
enforcement or peace officer; a social worker, caseworker,

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attorney, or investigator employed by the Department of
Healthcare and Family Services, the Department of Human
Services, the Department of Children and Family Services,
or the Department of Disability Advocacy and Guardianship
and Advocacy Commission; or an assistant public guardian,
attorney, social worker, case manager, or investigator
employed by a duly appointed public guardian.
(1.5) "Human service provider" means a social worker,
case worker, or investigator employed by an agency or
organization providing social work, case work, or
investigative services under a contract with or a grant
from the Department of Human Services, the Department of
Children and Family Services, the Department of Healthcare
and Family Services, or the Department on Aging.
(2) "Immediate family" means a public official's
spouse or child or children.
(c) Threatening a public official or human service
provider is a Class 3 felony for a first offense and a Class 2
felony for a second or subsequent offense.
(Source: P.A. 100-1, eff. 1-1-18.)
Section 115. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 4, 8, and 8.1 as follows:
(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)

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Sec. 4. (a) The following persons shall be entitled, upon
request, to inspect and copy a recipient's record or any part
thereof:
(1) the parent or guardian of a recipient who is under
12 years of age;
(2) the recipient if he is 12 years of age or older;
(3) the parent or guardian of a recipient who is at
least 12 but under 18 years, if the recipient is informed
and does not object or if the therapist does not find that
there are compelling reasons for denying the access. The
parent or guardian who is denied access by either the
recipient or the therapist may petition a court for access
to the record. Nothing in this paragraph is intended to
prohibit the parent or guardian of a recipient who is at
least 12 but under 18 years from requesting and receiving
the following information: current physical and mental
condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(3.5) the parent or guardian of a minor, regardless of
the minor's age, if the minor is involved in special
education services under Section 14-1.11 of the School
Code, and only for the purpose of inspecting and copying a
record of the specific mental health or developmental
services that the parent or guardian consented to on the
recipient's behalf for special education services; or the
designated representative of a student over the age of 18

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involved in special education services under Section
14-6.10 of the School Code;
(4) the guardian of a recipient who is 18 years or
older;
(5) an attorney or guardian ad litem who represents a
minor 12 years of age or older in any judicial or
administrative proceeding, provided that the court or
administrative hearing officer has entered an order
granting the attorney this right;
(6) an agent appointed under a recipient's power of
attorney for health care or for property, when the power
of attorney authorizes the access;
(7) an attorney-in-fact appointed under the Mental
Health Treatment Preference Declaration Act; or
(8) any person in whose care and custody the recipient
has been placed pursuant to Section 3-811 of the Mental
Health and Developmental Disabilities Code.
(b) Assistance in interpreting the record may be provided
without charge and shall be provided if the person inspecting
the record is under 18 years of age. However, access may in no
way be denied or limited if the person inspecting the record
refuses the assistance. A reasonable fee may be charged for
duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the
records shall provide at no charge to the recipient, or to the
Department of Disability Advocacy and Guardianship and

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Advocacy Commission, the agency designated by the Governor
under Section 1 of the Protection and Advocacy for Persons
with Developmental Disabilities Act or to any other
not-for-profit agency whose primary purpose is to provide free
legal services or advocacy for the indigent and who has
received written authorization from the recipient under
Section 5 of this Act to receive his records, one copy of any
records in its possession whose disclosure is authorized under
this Act.
(c) Any person entitled to access to a record under this
Section may submit a written statement concerning any disputed
or new information, which statement shall be entered into the
record. Whenever any disputed part of a record is disclosed,
any submitted statement relating thereto shall accompany the
disclosed part. Additionally, any person entitled to access
may request modification of any part of the record which he
believes is incorrect or misleading. If the request is
refused, the person may seek a court order to compel
modification.
(d) Whenever access or modification is requested, the
request and any action taken thereon shall be noted in the
recipient's record.
(e) Nothing in this Section shall be construed to affect
the protection of or access to records under the Illinois
School Student Records Act or the federal Individuals with
Disabilities Education Act.

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(Source: P.A. 103-474, eff. 1-1-24; 104-263, eff. 1-1-26.)
(740 ILCS 110/8) (from Ch. 91 1/2, par. 808)
Sec. 8. In the course of an investigation, or in the course
of monitoring issues concerning the rights of recipients or
the services provided to recipients as authorized by
subsection (l) of Section 5 of the Guardianship and Advocacy
Act, the Division of Disability Rights and Protections a
regional human rights authority of the Department of
Disability Advocacy and Guardianship and Advocacy Commission
created by the Guardianship and Advocacy Act may inspect and
copy any recipient's records in the possession of a therapist,
agency, department, Department or facility which provides
services to a recipient, including reports of suspected abuse
or neglect of a recipient and information regarding the
disposition of such reports. However, the Division of
Disability Rights and Protections a regional authority may not
inspect or copy records containing personally identifiable
data which cannot be removed without imposing an unreasonable
burden on the therapist, agency, department, Department or
facility which provides services, except as provided herein.
The Division of Disability Rights and Protections regional
authority shall give written notice to the person entitled to
give consent for the identifiable recipient of services under
Section 4 that it is conducting an investigation or monitoring
and indicating the nature and purpose of the investigation or

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monitoring and the need to inspect and copy the recipient's
record. If the person notified objects in writing to such
inspection and copying, the Division of Disability Rights and
Protections regional authority may not inspect or copy the
record. The therapist, agency, department, Department or
facility which provides services may not object on behalf of a
recipient.
(Source: P.A. 86-820; 86-1013; 86-1475.)
(740 ILCS 110/8.1) (from Ch. 91 1/2, par. 808.1)
Sec. 8.1. The agency designated by the Governor under
Section 1 of "An Act in relation to the protection and advocacy
of the rights of persons with developmental disabilities, and
amending Acts therein named", approved September 20, 1985, as
now or hereafter amended, shall have access, for the purpose
of inspection and copying, to the records of a person with
developmental disabilities who resides in a developmental
disability facility or mental health facility, as defined in
Sections 1-107 and 1-114, respectively, of the Mental Health
and Developmental Disabilities Code, as now or hereafter
amended, if (a) a complaint is received by such agency from or
on behalf of the person with a developmental disability, and
(b) such person does not have a guardian of the person or the
State or the designee of the State is his or her guardian of
the person. The designated agency shall provide written notice
of the receipt of a complaint to the custodian of the records

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of the person from whom or on whose behalf a complaint is
received. The designated agency shall provide to the person
with developmental disabilities and to the Division of his or
her State Guardian guardian, if appointed, written notice of
the nature of the complaint based upon which the designated
agency has gained access to the records. No record or the
contents of any record shall be redisclosed by the designated
agency unless the person with developmental disabilities and
the Division of State Guardian guardian are provided 7 days
advance written notice, except in emergency situations, of the
designated agency's intent to redisclose such record, during
which time the person with developmental disabilities or the
Division of State Guardian guardian may seek to judicially
enjoin the designated agency's redisclosure of such record on
the grounds that such redisclosure is contrary to the
interests of the person with developmental disabilities. If a
person with developmental disabilities resides in a
developmental disability or mental health facility and has a
guardian other than the State or the designee of the State, the
facility director shall disclose the guardian's name, address
and telephone number to the designated agency at the agency's
request.
Upon written request and after the provision of written
notice to the agency, facility or other body from which
records and other materials are sought of the designated
agency's investigation of problems affecting numbers of

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persons with developmental disabilities, the designated agency
shall be entitled to inspect and copy any records or other
materials which may further the agency's investigation of
problems affecting numbers of persons with developmental
disabilities. When required by law any personally identifiable
information of persons with developmental disabilities shall
be removed from the records. However, the designated agency
may not inspect or copy records or other materials when the
removal of personally identifiable information imposes an
unreasonable burden on mental health and developmental
disabilities facilities.
For the purposes of this Section, "developmental
disability" means a severe, chronic disability of a person
which -
(A) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or
more of the following areas of major life activity: (i)
self-care, (ii) receptive and expressive language, (iii)
learning, (iv) mobility, (v) self-direction, (vi) capacity for
independent living, and (vii) economic self-sufficiency; and
(E) reflects the person's need for a combination and
sequence of special, interdisciplinary or generic care,
treatment or other services which are of lifelong or extended

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duration and are individually planned and coordinated.
(Source: P.A. 88-380.)
Section 120. The Adoption Act is amended by changing
Section 13 as follows:
(750 ILCS 50/13) (from Ch. 40, par. 1516)
Sec. 13. Interim order. As soon as practicable after the
filing of a petition for adoption the court shall hold a
hearing for the following purposes:
A. In other than an adoption of a related child or an
adoption through an agency, or of an adult:
(a) To determine the validity of the consent, provided
that the execution of a consent pursuant to this Act shall
be prima facie evidence of its validity, and provided that
the validity of a consent shall not be affected by the
omission therefrom of the names of the petitioners or
adopting parents at the time the consent is executed or
acknowledged, and further provided that the execution of a
consent prior to the filing of a petition for adoption
shall not affect its validity.
(b) To determine whether there is available suitable
temporary custodial care for a child sought to be adopted.
B. In all cases except standby adoptions and re-adoptions:
(a) The court shall appoint some licensed attorney
other than the State's attorney acting in his or her

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official capacity as guardian ad litem to represent a
child sought to be adopted. Such guardian ad litem shall
have power to consent to the adoption of the child, if such
consent is required. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) If the petition alleges a person to be unfit
pursuant to the provisions of subparagraph (p) of
paragraph D of Section 1 of this Act, such person shall be
represented by counsel. If such person is indigent or an
appearance has not been entered on his behalf at the time
the matter is set for hearing, the court shall appoint as
counsel for him either the Department of Disability
Advocacy and Guardianship and Advocacy Commission, the
public defender, or, only if no attorney from the
Department of Disability Advocacy and Guardianship and
Advocacy Commission or the public defender is available,
an attorney licensed to practice law in this State.
(d) If it is proved to the satisfaction of the court,

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after such investigation as the court deems necessary,
that termination of parental rights and temporary
commitment of the child to an agency or to a person deemed
competent by the court, including petitioners, will be for
the welfare of the child, the court may order the child to
be so committed and may terminate the parental rights of
the parents and declare the child a ward of the court or,
if it is not so proved, the court may enter such other
order as it shall deem necessary and advisable.
(e) Before an interim custody order is granted under
this Section, service of summons shall be had upon the
parent or parents whose rights have not been terminated,
except as provided in subsection (f). Reasonable notice
and opportunity to be heard shall be given to the parent or
parents after service of summons when the address of the
parent or parents is available. The party seeking an
interim custody order shall make all reasonable efforts to
locate the parent or parents of the child or children they
are seeking to adopt and to notify the parent or parents of
the party's request for an interim custody order pursuant
to this Section.
(f) An interim custody order may be granted without
notice upon presentation to the court of a written
petition, accompanied by an affidavit, stating that there
is an immediate danger to the child and that irreparable
harm will result to the child if notice is given to the

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parent or parents or legal guardian. Upon making a finding
that there is an immediate danger to the child if service
of process is had upon and notice of hearing is given to
the parent or parents or legal guardian prior to the entry
of an order granting temporary custody to someone other
than a parent or legal guardian, the court may enter an
order of temporary custody which shall expire not more
than 10 days after its entry. Every ex parte custody order
granted without notice shall state the injury which the
court sought to avoid by granting the order, the
irreparable injury that would have occurred had notice
been given, and the reason the order was granted without
notice. The matter shall be set down for full hearing
before the expiration of the ex parte order and will be
heard after service of summons is had upon and notice of
hearing is given to the parent or parents or legal
guardian. At the hearing the burden of proof shall be upon
the party seeking to extend the interim custody order to
show that the order was properly granted without notice
and that custody should remain with the party seeking to
adopt during the pendency of the adoption proceeding. If
the interim custody order is extended, the reasons for
granting the extension shall be stated in the order.
C. In the case of a child born outside the United States or
a territory thereof, if the petitioners have previously been
appointed guardians of such child by a court of competent

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jurisdiction in a country other than the United States or a
territory thereof, the court may order that the petitioners
continue as guardians of such child.
D. In standby adoption cases:
(a) The court shall appoint a licensed attorney other
than the State's Attorney acting in his or her official
capacity as guardian ad litem to represent a child sought
to be adopted. The guardian ad litem shall have power to
consent to the adoption of the child, if consent is
required.
(b) The court shall appoint a guardian ad litem for
all named minors or defendants who are persons under legal
disability, if any. In the case of a related adoption
where the child sought to be adopted is not a youth in
care, the court shall have the discretion to waive the
appointment of a guardian ad litem.
(c) The court lacks jurisdiction to proceed on the
petition for standby adoption if the child has a living
parent, adoptive parent, or adjudicated parent whose
rights have not been terminated and whose whereabouts are
known, unless the parent consents to the standby adoption
or, after receiving notice of the hearing on the standby
adoption petition, fails to object to the appointment of a
standby adoptive parent at the hearing on the petition.
(d) The court shall investigate as needed for the
welfare of the child and shall determine whether the

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petitioner or petitioners shall be permitted to adopt.
(Source: P.A. 102-139, eff. 1-1-22.)
Section 125. The Probate Act of 1975 is amended by
changing Sections 11a-3.1, 11a-3.2, 11a-5, 11a-5.1, 11a-8.1,
11a-9, 11a-12, 11a-13, 11a-14.1, 11a-17, 12-4, 13-1, and
13-1.2 as follows:
(755 ILCS 5/11a-3.1)
Sec. 11a-3.1. Appointment of standby guardian.
(a) The guardian of a person with a disability may
designate in any writing, including a will, a person qualified
to act under Section 11a-5 to be appointed as standby guardian
of the person or estate, or both, of the person with a
disability. The guardian may designate in any writing,
including a will, a person qualified to act under Section
11a-5 to be appointed as successor standby guardian of the
person or estate of the person with a disability, or both. The
designation must be witnessed by 2 or more credible witnesses
at least 18 years of age, neither of whom is the person
designated as the standby guardian. The designation may be
proved by any competent evidence. If the designation is
executed and attested in the same manner as a will, it shall
have prima facie validity. Prior to designating a proposed
standby guardian, the guardian shall consult with the person
with a disability to determine the preference of the person

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with a disability as to the person who will serve as standby
guardian. The guardian shall give due consideration to the
preference of the person with a disability in selecting a
standby guardian.
(b) Upon the filing of a petition for the appointment of a
standby guardian, the court may appoint a standby guardian of
the person or estate, or both, of the person with a disability
as the court finds to be in the best interests of the person
with a disability. The court shall apply the same standards
used in determining the suitability of a plenary or limited
guardian in determining the suitability of a standby guardian,
giving due consideration to the preference of the person with
a disability as to a standby guardian. The court may not
appoint the Division Office of State Guardian, pursuant to
Section 30 of the Guardianship and Advocacy Act, or a public
guardian, pursuant to Section 13-5 of this Act, as a standby
guardian, without the written consent of the Division of State
Guardian or public guardian or an authorized representative of
the Division of State Guardian or public guardian.
(c) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the person with a disability

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under Section 11a-18.2.
(d) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed
by the court as the person who will act as guardian of the
person with a disability when the guardian of the person
with a disability dies or is no longer willing or able to
make and carry out day-to-day care decisions concerning
the person with a disability. By properly completing this
form, a guardian is naming the person that the guardian
wants to be appointed as the standby guardian of the
person with a disability. Signing the form does not
appoint the standby guardian; to be appointed, a petition
must be filed in and approved by the court.]
1. Guardian and Ward. I, (insert name of designating
guardian), currently residing at (insert address of
designating guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Standby Guardian. I hereby designate the following
person to be appointed as standby guardian for my ward
listed above: (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named in
item 2 above cannot or will not act as standby guardian, I

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designate the following person to be appointed as
successor standby guardian for my ward: (insert name and
address of person designated).
4. Date and Signature. This designation is made this
(insert day) day of (insert month and year).
Signed: (designating guardian)
5. Witnesses. I saw the guardian sign this designation
or the guardian told me that the guardian signed this
designation. Then I signed the designation as a witness in
the presence of the guardian. I am not designated in this
instrument to act as a standby guardian for the guardian's
ward. (insert space for names, addresses, and signatures
of 2 witnesses)
[END OF FORM]
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-3.2)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a person with a disability may appoint
in writing, without court approval, a short-term guardian of
the person with a disability to take over the guardian's
duties, to the extent provided in Section 11a-18.3, each time
the guardian is unavailable or unable to carry out those
duties. The guardian shall consult with the person with a
disability to determine the preference of the person with a
disability concerning the person to be appointed as short-term

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guardian and the guardian shall give due consideration to the
preference of the person with a disability in choosing a
short-term guardian. The written instrument appointing a
short-term guardian shall be dated and shall identify the
appointing guardian, the person with a disability, the person
appointed to be the short-term guardian, and the termination
date of the appointment. The written instrument shall be
signed by, or at the direction of, the appointing guardian in
the presence of at least 2 credible witnesses at least 18 years
of age, neither of whom is the person appointed as the
short-term guardian. The person appointed as the short-term
guardian shall also sign the written instrument, but need not
sign at the same time as the appointing guardian. A guardian
may not appoint the Division Office of State Guardian or a
public guardian as a short-term guardian, without the written
consent of the Division of State Guardian or public guardian
or an authorized representative of the State Guardian or
public guardian.
(b) The appointment of the short-term guardian is
effective immediately upon the date the written instrument is
executed, unless the written instrument provides for the
appointment to become effective upon a later specified date or
event. A short-term guardian appointed by the guardian shall
have authority to act as guardian of the person with a
disability for a cumulative total of 60 days during any
12-month period. Only one written instrument appointing a

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short-term guardian may be in force at any given time.
(c) Every appointment of a short-term guardian may be
amended or revoked by the appointing guardian at any time and
in any manner communicated to the short-term guardian or to
any other person. Any person other than the short-term
guardian to whom a revocation or amendment is communicated or
delivered shall make all reasonable efforts to inform the
short-term guardian of that fact as promptly as possible.
(d) The appointment of a short-term guardian or successor
short-term guardian does not affect the rights in the person
with a disability of any guardian other than the appointing
guardian.
(e) The written instrument appointing a short-term
guardian may, but need not, be in the following form:
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a guardian is
appointing a short-term guardian of the person with a
disability for a cumulative total of up to 60 days during
any 12-month period. A separate form shall be completed
each time a short-term guardian takes over guardianship
duties. The person or persons appointed as the short-term
guardian shall sign the form, but need not do so at the
same time as the guardian.]
1. Guardian and Ward. I, (insert name of appointing

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guardian), currently residing at (insert address of
appointing guardian), am the guardian of the following
person with a disability: (insert name of ward).
2. Short-term Guardian. I hereby appoint the following
person as the short-term guardian for my ward: (insert
name and address of appointed person).
3. Effective date. This appointment becomes effective:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am no
longer either willing or able to make and carry out
day-to-day care decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer willing
or able to make and carry out day-to-day care decisions
concerning my ward.
( ) On the date that I am admitted as an in-patient to
a hospital or other health care institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
is effective immediately upon the date the form is signed
and dated below.]
4. Termination. This appointment shall terminate on:
(enter a date corresponding to 60 days from the current
date, less the number of days within the past 12 months
that any short-term guardian has taken over guardianship

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duties), unless it terminates sooner as determined by the
event or date I have indicated below: (check one if you
wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day care
decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and able
to make and carry out day-to-day care decisions concerning
my ward.
( ) On the date that I am discharged from the hospital
or other health care institution where I was admitted as
an in-patient, which established the effective date.
( ) On the date which is (state a number of days) days
after the effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
will be effective until the 60th day within the past year
during which time any short-term guardian of this ward had
taken over guardianship duties from the guardian,
beginning on the effective date.]
5. Date and signature of appointing guardian. This
appointment is made this (insert day) day of (insert month
and year).
Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this instrument

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or I saw the guardian direct someone to sign this
instrument for the guardian. Then I signed this instrument
as a witness in the presence of the guardian. I am not
appointed in this instrument to act as the short-term
guardian for the guardian's ward. (insert space for names,
addresses, and signatures of 2 witnesses)
7. Acceptance of short-term guardian. I accept this
appointment as short-term guardian on this (insert day)
day of (insert month and year).
Signed: (short-term guardian)
[END OF FORM]
(f) Each time the guardian appoints a short-term guardian,
the guardian shall: (i) provide the person with a disability
with the name, address, and telephone number of the short-term
guardian; (ii) advise the person with a disability that he has
the right to object to the appointment of the short-term
guardian by filing a petition in court; and (iii) notify the
person with a disability when the short-term guardian will be
taking over guardianship duties and the length of time that
the short-term guardian will be acting as guardian.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
Sec. 11a-5. Who may act as guardian.
(a) A person is qualified to act as guardian of the person
and as guardian of the estate of a person with a disability if

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the court finds that the proposed guardian is capable of
providing an active and suitable program of guardianship for
the person with a disability and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged person with a disability as
defined in this Act; and
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a
felony to be in the best interests of the person with a
disability, and as part of the best interests
determination, the court has considered the nature of the
offense, the date of offense, and the evidence of the
proposed guardian's rehabilitation. No person shall be
appointed who has been convicted of a felony involving
harm or threat to a minor or an elderly person or a person
with a disability, including a felony sexual offense.
(b) Any public agency, or not-for-profit corporation found
capable by the court of providing an active and suitable
program of guardianship for the person with a disability,
taking into consideration the nature of such person's
disability and the nature of such organization's services, may
be appointed guardian of the person or of the estate, or both,
of the person with a disability. The court shall not appoint as
guardian an agency or employee of an agency that is directly

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providing residential services to the ward. One person or
agency may be appointed guardian of the person and another
person or agency appointed guardian of the estate.
(b-5)(1) The court may appoint separate individuals or
entities to act as the guardian of the person and the guardian
of the estate of a person with a disability if the court finds
it is in the best interests of the person with a disability
that separate guardians be appointed. The court shall not
appoint a separate person or entity to act as guardian of the
person or guardian of the estate with a public guardian or the
Division Office of State Guardian unless the public guardian
or the Division Office of State Guardian agrees to such an
appointment.
(2) The court may appoint co-guardians to act as guardian
of the person, guardian of the estate, or both the guardian of
the person and the guardian of the estate if the court finds it
is in the best interests of the person with a disability. When
considering appointing co-guardians, the court shall consider
the proposed co-guardians' history of cooperating and working
together on behalf of the person with a disability. The court
shall appoint only co-guardians who agree to serve together.
The court shall not appoint a public guardian or the Division
Office of State Guardian as a co-guardian for a person with a
disability.
(c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian or limited guardian of

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the estate of a person with a disability.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/11a-5.1)
Sec. 11a-5.1. Multiple guardianships. The court may not
appoint an individual the guardian of the person or estate of
an adult with disabilities before the individual has disclosed
to the court the number of adults with disabilities over which
the individual is currently appointed as guardian. If the
court determines that an individual is appointed guardian over
more than 5 adults with disabilities, then the court shall
issue an order directing the circuit court clerk to notify the
Department of Disability Advocacy and Guardianship and
Advocacy Commission, in a form and manner prescribed by the
Department of Disability Advocacy and Guardianship and
Advocacy Commission. The clerk shall notify the Department of
Disability Advocacy and Guardianship and Advocacy Commission
no later than 7 days after the entry of the order. The
Department of Disability Advocacy and Guardianship and
Advocacy Commission shall maintain a list of all notifications
it receives under this Section for reference by other agencies
or units of government or the public. This Section does not
apply to the Division Office of the State Guardian or a public
guardian.
(Source: P.A. 100-659, eff. 1-1-19.)

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(755 ILCS 5/11a-8.1)
Sec. 11a-8.1. Petition for standby guardian of the person
with a disability. The petition for appointment of a standby
guardian of the person or the estate, or both, of a person with
a disability must state, if known: (a) the name, date of birth,
and residence of the person with a disability; (b) the names
and post office addresses of the nearest relatives of the
person with a disability in the following order: (1) the
spouse and adult children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the petitioner; (c) the name and post office address of the
person having guardianship of the person with a disability,
and of any person or persons acting as agents of the person
with a disability under the Illinois Power of Attorney Act;
(d) the name, post office address, and, in case of any
individual, the age and occupation of the proposed standby
guardian; (e) the preference of the person with a disability
as to the choice of standby guardian; (f) the facts concerning
the consent of the guardian of the person with a disability to
the appointment of the standby guardian, or the willingness
and ability of the guardian of the person with a disability to
make and carry out day-to-day care decisions concerning the
person with a disability; (g) the facts concerning the
execution or admission to probate of the written designation
of the standby guardian, if any, a copy of which shall be
attached to or filed with the petition; (h) the facts

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concerning any guardianship court actions pending concerning
the person with a disability; and (i) the facts concerning the
willingness of the proposed standby guardian to serve, and in
the case of the Division Office of State Guardian and any
public guardian, evidence of a written acceptance to serve
signed by the Division of State Guardian or public guardian or
an authorized representative of the Division of State Guardian
or public guardian, consistent with subsection (b) of Section
11a-3.1.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9)
Sec. 11a-9. Report.
(a) The petition for adjudication of disability and for
appointment of a guardian should be accompanied by a report
which contains (1) a description of the nature and type of the
respondent's disability and an assessment of how the
disability impacts on the ability of the respondent to make
decisions or to function independently; (2) an analysis and
results of evaluations of the respondent's mental and physical
condition and, where appropriate, educational condition,
adaptive behavior and social skills, which have been performed
within 3 months of the date of the filing of the petition, or,
in the case of an intellectual disability, a psychological
evaluation of the respondent that has been performed by a
clinical psychologist licensed under the Clinical Psychologist

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Licensing Act, within one year of the date of the filing of the
petition; (3) an opinion as to whether guardianship is needed,
the type and scope of the guardianship needed, and the reasons
therefor; (4) a recommendation as to the most suitable living
arrangement and, where appropriate, treatment or habilitation
plan for the respondent and the reasons therefor; (5) the
name, business address, business telephone number, and
signatures of all persons who performed the evaluations upon
which the report is based, one of whom shall be a licensed
physician, or may, in the case of an intellectual disability,
be a clinical psychologist licensed under the Clinical
Psychologist Licensing Act, and a statement of the
certification, license, or other credentials that qualify the
evaluators who prepared the report.
(b) If for any reason no report accompanies the petition,
the court shall order appropriate evaluations to be performed
by a qualified person or persons and a report prepared and
filed with the court at least 10 days prior to the hearing.
(b-5) Upon oral or written motion by the respondent or the
guardian ad litem or upon the court's own motion, the court
shall appoint one or more independent experts to examine the
respondent. Upon the filing with the court of a verified
statement of services rendered by the expert or experts, the
court shall determine a reasonable fee for the services
performed. If the respondent is unable to pay the fee, the
court may enter an order upon the petitioner to pay the entire

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fee or such amount as the respondent is unable to pay. However,
in cases where the Division Office of State Guardian is the
petitioner, consistent with Section 30 of the Guardianship and
Advocacy Act, no expert services fees shall be assessed
against the Division Office of the State Guardian.
(c) Unless the court otherwise directs, any report
prepared pursuant to this Section shall not be made part of the
public record of the proceedings but shall be available to the
court or an appellate court in which the proceedings are
subject to review, to the respondent, the petitioner, the
guardian, and their attorneys, to the respondent's guardian ad
litem, and to such other persons as the court may direct.
Accessibility to a report prepared pursuant to this
Section shall be in accordance with Section 5 of the Court
Record and Document Accessibility Act.
(Source: P.A. 102-109, eff. 1-1-22; 103-166, eff. 1-1-24.)
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
Sec. 11a-12. Order of appointment.
(a) If basis for the appointment of a guardian as
specified in Section 11a-3 is not found, the court shall
dismiss the petition.
(b) If the respondent is adjudged to be a person with a
disability and to lack some but not all of the capacity as
specified in Section 11a-3, and if the court finds that
guardianship is necessary for the protection of the person

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with a disability, his or her estate, or both, the court shall
appoint a limited guardian for the respondent's person or
estate or both. The court shall enter a written order stating
the factual basis for its findings and specifying the duties
and powers of the guardian and the legal disabilities to which
the respondent is subject.
(c) If the respondent is adjudged to be a person with a
disability and to be totally without capacity as specified in
Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability, his or her estate, or both, the court
shall appoint a plenary guardian for the respondent's person
or estate or both. The court shall enter a written order
stating the factual basis for its findings.
(d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability as to a
guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interests
and well-being of the person with a disability.
One person or agency may be appointed a limited or plenary
guardian of the person and another person or corporate trustee
appointed as a limited or plenary guardian of the estate. If
different persons are appointed, the court shall consider the
factors set forth in subsection (b-5) of Section 11a-5. The

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court shall enter a written order stating the factual basis
for its findings.
(e) The order of appointment of a guardian shall include
the requirement that the guardian complete the training
program as provided in Section 33.5 of the Guardianship and
Advocacy Act that outlines the responsibilities of the
guardian of the person and the rights of the person under
guardianship and file with the court a certificate of
completion within one year from the date of issuance of the
letters of guardianship, except that: (1) the chief judge of
any circuit may order implementation of another training
program by a suitable provider containing substantially
similar content; (2) employees of the Division Office of the
State Guardian, public guardians, attorneys currently
authorized to practice law, corporate fiduciaries, and persons
certified by the Center for Guardianship Certification are
exempt from this training requirement; and (3) the court may,
for good cause shown, exempt from this requirement an
individual not otherwise listed in item (2). For the purposes
of this subsection (e), good cause may be proven by affidavit.
If the court finds good cause to exempt an individual from the
training requirement, the order of appointment shall so state.
(Source: P.A. 104-237, eff. 1-1-26.)
(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
Sec. 11a-13. Costs in certain cases.)

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(a) No costs may be taxed or charged by any public officer
in any proceeding for the appointment of a guardian or for any
subsequent proceeding or report made in pursuance of the
appointment when the primary purpose of the appointment is as
set forth in Section 11-11 or is the management of the estate
of a person with a mental disability who resides in a state
mental health or developmental disabilities facility when the
value of the personal estate does not exceed $1,000.
(b) No costs shall be taxed or charged against the
Division Office of the State Guardian by any public officer in
any proceeding for the appointment of a guardian or for any
subsequent proceeding or report made in pursuance of the
appointment.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-14.1) (from Ch. 110 1/2, par. 11a-14.1)
Sec. 11a-14.1. Residential placement.) No guardian
appointed under this Article, except for duly appointed Public
Guardians and the Division Office of State Guardian, shall
have the power, unless specified by court order, to place his
ward in a residential facility. The guardianship order may
specify the conditions on which the guardian may admit the
ward to a residential facility without further court order. In
making residential placement decisions, the guardian shall
make decisions in conformity with the preferences of the ward
unless the guardian is reasonably certain that the decisions

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will result in substantial harm to the ward or to the ward's
estate. When the preferences of the ward cannot be ascertained
or where they will result in substantial harm to the ward or to
the ward's estate, the guardian shall make decisions with
respect to the ward's placement which are in the best
interests of the ward. The guardian shall not remove the ward
from his or her home or separate the ward from family and
friends unless such removal is necessary to prevent
substantial harm to the ward or to the ward's estate. The
guardian shall have a duty to investigate the availability of
reasonable residential alternatives. The guardian shall
monitor the placement of the ward on an on-going basis to
ensure its continued appropriateness, and shall pursue
appropriate alternatives as needed.
(Source: P.A. 90-250, eff. 7-29-97.)
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children and shall procure for them and shall make provision
for their support, care, comfort, health, education and
maintenance, and professional services as are appropriate, but
the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,

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without the consent of the spouse, unless the court finds that
the spouse is not a fit and competent person to have that
custody and education. The guardian shall assist the ward in
the development of maximum self-reliance and independence. The
guardian of the person may petition the court for an order
directing the guardian of the estate to pay an amount
periodically for the provision of the services specified by
the court order. If the ward's estate is insufficient to
provide for education and the guardian of the ward's person
fails to provide education, the court may award the custody of
the ward to some other person for the purpose of providing
education. If a person makes a settlement upon or provision
for the support or education of a ward, the court may make an
order for the visitation of the ward by the person making the
settlement or provision as the court deems proper. A guardian
of the person may not admit a ward to a mental health facility
except at the ward's request as provided in Article IV of the
Mental Health and Developmental Disabilities Code and unless
the ward has the capacity to consent to such admission as
provided in Article IV of the Mental Health and Developmental
Disabilities Code.
(a-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,
open, maintain, and transfer funds to an ABLE account on
behalf of the ward and the ward's minor and adult dependent
children as specified under Section 16.6 of the State

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Treasurer Act.
(a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability under this Article, the guardian of the ward's
person and estate may maintain that action for dissolution of
marriage on behalf of the ward. Upon petition by the guardian
of the ward's person or estate, the court may authorize and
direct a guardian of the ward's person or estate to file a
petition for dissolution of marriage or to file a petition for
legal separation or declaration of invalidity of marriage
under the Illinois Marriage and Dissolution of Marriage Act on
behalf of the ward if the court finds by clear and convincing
evidence that the relief sought is in the ward's best
interests. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section.
(a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing

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and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of
Marriage Act.
(b) If the court directs, the guardian of the person shall
file with the court at intervals indicated by the court, a
report that shall state briefly: (1) the current mental,
physical, and social condition of the ward and the ward's
minor and adult dependent children; (2) their present living
arrangement, and a description and the address of every
residence where they lived during the reporting period and the
length of stay at each place; (3) a summary of the medical,
educational, vocational, and other professional services given
to them; (4) a resume of the guardian's visits with and
activities on behalf of the ward and the ward's minor and adult
dependent children; (5) a recommendation as to the need for
continued guardianship; (6) any other information requested by
the court or useful in the opinion of the guardian. The
Division Office of the State Guardian shall assist the
guardian in filing the report when requested by the guardian.
The court may take such action as it deems appropriate
pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the

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principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker under
the Health Care Surrogate Act shall have all the rights of a
surrogate under that Act without court order including the
right to make medical treatment decisions such as decisions to
forgo or withdraw life-sustaining treatment. Any decisions by
the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the Health Care Surrogate Act
shall require a court order. Nothing in this Section shall
prevent an agent acting under a power of attorney for health
care from exercising his or her authority under the Illinois
Power of Attorney Act without further court order, unless a
court has acted under Section 2-10 of the Illinois Power of
Attorney Act. If a guardian is also a health care agent for the
ward under a valid power of attorney for health care, the
guardian acting as agent may execute his or her authority
under that act without further court order.
(e) Decisions made by a guardian on behalf of a ward shall
be made in accordance with the following standards for
decision making. The guardian shall consider the ward's
current preferences to the extent the ward has the ability to
participate in decision making when those preferences are

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known or reasonably ascertainable by the guardian. Decisions
by the guardian shall conform to the ward's current
preferences: (1) unless the guardian reasonably believes that
doing so would result in substantial harm to the ward's
welfare or personal or financial interests; and (2) so long as
such decisions give substantial weight to what the ward, if
competent, would have done or intended under the
circumstances, taking into account evidence that includes, but
is not limited to, the ward's personal, philosophical,
religious and moral beliefs, and ethical values relative to
the decision to be made by the guardian. Where possible, the
guardian shall determine how the ward would have made a
decision based on the ward's previously expressed preferences,
and make decisions in accordance with the preferences of the
ward. If the ward's wishes are unknown and remain unknown
after reasonable efforts to discern them, or if the guardian
reasonably believes that a decision made in conformity with
the ward's preferences would result in substantial harm to the
ward's welfare or personal or financial interests, the
decision shall be made on the basis of the ward's best
interests as determined by the guardian. In determining the
ward's best interests, the guardian shall weigh the reason for
and nature of the proposed action, the benefit or necessity of
the action, the possible risks and other consequences of the
proposed action, and any available alternatives and their
risks, consequences and benefits, and shall take into account

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any other information, including the views of family and
friends, that the guardian believes the ward would have
considered if able to act for herself or himself.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the
court that it is in the best interests of the person with a
disability, the court may terminate or limit the authority of
a standby or short-term guardian or may enter such other
orders as the court deems necessary to provide for the best
interests of the person with a disability. The petition for
termination or limitation of the authority of a standby or
short-term guardian may, but need not, be combined with a
petition to have another guardian appointed for the person
with a disability.
(g)(1) Unless there is a court order to the contrary, the
guardian, consistent with the standards set forth in
subsection (e) of this Section, shall use reasonable efforts
to notify the ward's known adult children, who have requested
notification and provided contact information, of the ward's
admission to a hospital, hospice, or palliative care program,
the ward's death, and the arrangements for the disposition of
the ward's remains.
(2) If a guardian unreasonably prevents an adult child,
spouse, adult grandchild, parent, or adult sibling of the ward
from visiting the ward, the court, upon a verified petition,

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may order the guardian to permit visitation between the ward
and the adult child, spouse, adult grandchild, parent, or
adult sibling. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section. The court shall not allow visitation if the court
finds that the ward has capacity to evaluate and communicate
decisions regarding visitation and expresses a desire not to
have visitation with the petitioner. This subsection (g) does
not apply to duly appointed public guardians or the Division
Office of State Guardian.
(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;
102-258, eff. 8-6-21; 102-813, eff. 5-13-22.)
(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
Sec. 12-4. When security excused or specified.)
(a) Except as provided in paragraph (c) of Section 6-13
with respect to a nonresident executor, no security is
required of a person who is excused by the will from giving
bond or security and no greater security than is specified by
the will is required, unless in either case the court, from its
own knowledge or the suggestion of any interested person, has
cause to suspect the representative of fraud or incompetence
or believes that the estate of the decedent will not be
sufficient to discharge all the claims against the estate, or
in the case of a testamentary guardian of the estate, that the
rights of the ward will be prejudiced by failure to give

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security.
(b) If a person designates a guardian of his person or
estate or both to be appointed in the event he is adjudged a
person with a disability as provided in Section 11a-6 and
excuses the guardian from giving bond or security, or if the
guardian is the Division Office of State Guardian, the
guardian's bond in the amount from time to time required under
this Article shall be in full force and effect without
writing, unless the court requires the filing of a written
bond.
(c) The Division Office of State Guardian shall not be
required to have sureties or surety companies as security on
its bonds. The oath and bond of the representative without
surety shall be sufficient.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1)
Sec. 13-1. Appointment and term of public administrator
and public guardian.
(a) Except as provided in Section 13-1.1, before the first
Monday of December, 1977 and every 4 years thereafter, and as
often as vacancies occur, the Governor, by and with the advice
and consent of the Senate, shall appoint in each county a
suitable person to serve as public administrator and a
suitable person to serve as public guardian of the county. The
Governor may designate, without the advice and consent of the

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Senate, the Division Office of State Guardian as an interim
public guardian to fill a vacancy in one or more counties
having a population of 500,000 or less if the designation:
(1) is specifically designated as an interim
appointment for a term of the lesser of one year or until
the Governor appoints, with the advice and consent of the
Senate, a county public guardian to fill the vacancy;
(2) requires the Division Office of State Guardian to
affirm its availability to act in the county; and
(3) expires in a pending case of a person with a
disability in the county at such a time as the court
appoints a qualified successor guardian of the estate and
person for the person with a disability.
When appointed as an interim public guardian, the Division
of State Guardian will perform the powers and duties assigned
to it under the Guardianship and Advocacy Act.
The Governor may appoint the same person to serve as
public guardian and public administrator in one or more
counties. In considering the number of counties of service for
any prospective public guardian or public administrator the
Governor may consider the population of the county and the
ability of the prospective public guardian or public
administrator to travel to multiple counties and manage
estates in multiple counties. Each person so appointed holds
his office for 4 years from the first Monday of December, 1977
and every 4 years thereafter or until his successor is

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appointed and qualified.
(b) Within 14 days of notification to the current public
guardian of the appointment by the Governor of a new public
guardian pursuant to this Section, the outgoing public
guardian shall provide the incoming successor public guardian
with a list of current guardianships. Within 60 days of
receipt of the list of guardianships, the incoming public
guardian may petition the court for a transfer of a
guardianship to the incoming public guardian. The transfer of
a guardianship of the person, estate, or both shall be made if
it is in the best interests of the ward as determined by the
court on a case-by-case basis.
Factors for the court to consider include, but are not
limited to, the following:
(1) the ward's preference as to the transfer of the
guardianship;
(2) the recommendation of the guardian ad litem, the
ward's family members, and other interested parties;
(3) the length of time in which the outgoing public
guardian has served as guardian for the ward;
(4) the ward's relationship with the outgoing public
guardian's office;
(5) the nature and extent of the ward's disabilities;
(6) the ward's current residential placement, his or
her current support network, and ongoing needs;
(7) the costs involved in the transfer of the ward's

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estate;
(8) the status of pending legal matters or other
matters germane to the ward's care or the management of
the ward's estate;
(9) the obligation to post bond and the cost thereof;
(10) the guardians' status with regard to
certification by the Center for Guardianship
Certification; and
(11) other good causes.
If the court approves a transfer to the incoming public
guardian, the outgoing public guardian shall file a final
account of his or her activities on behalf of the ward within
30 days or within such other time that the court may allow. The
outgoing public guardian may file a petition for final fees
pursuant to subsection (b) of Section 13-3.1.
(Source: P.A. 102-72, eff. 1-1-22.)
(755 ILCS 5/13-1.2)
Sec. 13-1.2. Certification requirement. Each person
appointed as a public guardian by the Governor shall be
certified as a National Certified Guardian by the Center for
Guardianship Certification within 6 months after his or her
appointment. The Department of Disability Advocacy and
Guardianship and Advocacy Commission shall provide public
guardians with information about certification requirements
and procedures for testing and certification offered by the

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Center for Guardianship Certification. The cost of
certification shall be considered an expense connected with
the operation of the public guardian's office within the
meaning of subsection (b) of Section 13-3.1 of this Article.
A public guardian shall additionally complete a one-hour
course regarding Alzheimer's disease and dementia within 6
months of appointment and annually thereafter. The training
program shall include, but not be limited to, the following
topics: effective communication strategies; best practices for
interacting with people with Alzheimer's disease and related
forms of dementia; and strategies for supporting people living
with Alzheimer's disease or related forms of dementia in
exercising their rights.
(Source: P.A. 103-64, eff. 1-1-24.)
Section 130. The Supported Decision-Making Agreement Act
is amended by changing Section 30 as follows:
(755 ILCS 9/30)
Sec. 30. Supporter duties.
(a) Except as otherwise provided by a supported
decision-making agreement, a supporter may:
(1) Assist the principal in understanding information,
options, responsibilities, and consequences of the life
decisions of the principal, including those decisions
related to the affairs or support services of the

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principal.
(2) Help the principal access, obtain, and understand
any information that is relevant to any given life
decision, including a medical, psychological, financial,
or educational decision, or any treatment records or
records necessary to manage the affairs or support
services of the principal.
(3) Assist the principal in finding, obtaining, making
appointments for, and implementing the support services or
plans for support services of the principal.
(4) Help the principal monitor information about the
affairs or support services of the principal, including
keeping track of future necessary or recommended services.
(5) Ascertain the wishes and decisions of the
principal in order to advocate that the wishes and
decisions of an individual with disabilities are
implemented.
(b) A supporter shall act with the care, competence, and
diligence ordinarily exercised by an individual in a similar
circumstance, with due regard to the possession of, or lack
of, special skills or expertise.
(c) A supporter shall seek training and education
regarding the responsibilities and limitations of the
supporter role. The Department of Disability Advocacy and
Guardianship and Advocacy Commission shall provide public
information about this Act and the supporter role,

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responsibilities, and limitations.
The Department of Disability Advocacy and Guardianship and
Advocacy Commission shall develop training and education
materials for both principals and supporters, including, but
not limited to, sample agreements that will be posted on the
website of the Department Commission along with public
awareness materials.
(Source: P.A. 102-614, eff. 2-27-22.)
Section 135. The Illinois Power of Attorney Act is amended
by changing Section 2-7 as follows:
(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
Sec. 2-7. Duty - standard of care - record-keeping -
exoneration.
(a) The agent shall be under no duty to exercise the powers
granted by the agency or to assume control of or
responsibility for any of the principal's property, care or
affairs, regardless of the principal's physical or mental
condition. Whenever a power is exercised, the agent shall act
in good faith for the benefit of the principal using due care,
competence, and diligence in accordance with the terms of the
agency and shall be liable for negligent exercise. An agent
who acts with due care for the benefit of the principal shall
not be liable or limited merely because the agent also
benefits from the act, has individual or conflicting interests

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in relation to the property, care or affairs of the principal
or acts in a different manner with respect to the agency and
the agent's individual interests. The agent shall not be
affected by any amendment or termination of the agency until
the agent has actual knowledge thereof. The agent shall not be
liable for any loss due to error of judgment nor for the act or
default of any other person.
(b) An agent that has accepted appointment must act in
accordance with the principal's expectations to the extent
actually known to the agent and otherwise in the principal's
best interests.
(c) An agent shall keep a record of all receipts,
disbursements, and significant actions taken under the
authority of the agency and shall provide a copy of this record
when requested to do so by:
(1) the principal, a guardian, another fiduciary
acting on behalf of the principal, and, after the death of
the principal, the personal representative or successors
in interest of the principal's estate;
(2) a representative of a provider agency, as defined
in Section 2 of the Adult Protective Services Act, acting
in the course of an assessment of a complaint of elder
abuse or neglect under that Act;
(3) a representative of the Office of the State Long
Term Care Ombudsman, acting in the course of an
investigation of a complaint of financial exploitation of

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a nursing home resident under Section 4.04 of the Illinois
Act on the Aging;
(4) a representative of the Office of Inspector
General for the Department of Human Services, acting in
the course of an assessment of a complaint of financial
exploitation of an adult with disabilities pursuant to
Section 35 of the Abuse of Adults with Disabilities
Intervention Act;
(5) a court under Section 2-10 of this Act; or
(6) a representative of the Division Office of State
Guardian or public guardian for the county in which the
principal resides acting in the course of investigating
whether to file a petition for guardianship of the
principal under Section 11a-4 or 11a-8 of the Probate Act
of 1975.
(d) If the agent fails to provide his or her record of all
receipts, disbursements, and significant actions within 21
days after a request under subsection (c), the adult abuse
provider agency, the Division of State Guardian, the public
guardian, or a representative of the Office of the State Long
Term Care Ombudsman may petition the court for an order
requiring the agent to produce his or her record of receipts,
disbursements, and significant actions. If the court finds
that the agent's failure to provide his or her record in a
timely manner to the adult abuse provider agency, the Division
of State Guardian, the public guardian, or a representative of

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the Office of the State Long Term Care Ombudsman was without
good cause, the court may assess reasonable costs and
attorney's fees against the agent, and order such other relief
as is appropriate.
(e) An agent is not required to disclose receipts,
disbursements, or other significant actions conducted on
behalf of the principal except as otherwise provided in the
power of attorney or as required under subsection (c).
(f) An agent that violates this Act is liable to the
principal or the principal's successors in interest for the
amount required (i) to restore the value of the principal's
property to what it would have been had the violation not
occurred, and (ii) to reimburse the principal or the
principal's successors in interest for the attorney's fees and
costs paid on the agent's behalf. This subsection does not
limit any other applicable legal or equitable remedies.
(Source: P.A. 100-952, eff. 1-1-19.)
Section 999. Effective date. This Act takes effect July 1,
2027.".