Bill Text: IL HB0055 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends the Guardians For Adults With Disabilities Article of the Probate Act of 1975. Changes the definition of "developmental disability" to mean a disability that is attributable to an intellectual disability or a related condition. Defines "intellectual disability". Provides that, in the case of an intellectual disability, the required report for a petition for adjudication of disability and for appointment of a guardian shall include a psychological evaluation of the respondent that has been performed by a clinical psychologist within one year of the date of the filing of the petition. Makes a corresponding change.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2021-07-23 - Public Act . . . . . . . . . 102-0109 [HB0055 Detail]

Download: Illinois-2021-HB0055-Chaptered.html



Public Act 102-0109
HB0055 EnrolledLRB102 02659 LNS 12662 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by changing
Sections 11a-1 and 11a-9 as follows:
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
Sec. 11a-1. "Developmental disability", "intellectual
disability", and "related condition" defined. Developmental
disability defined.)
"Developmental disability" means a disability that is
attributable to an intellectual disability or a related
condition.
"Intellectual disability" means significantly subaverage
general intellectual functioning existing concurrently with
deficits in adaptive behavior and manifested before the age of
22 years.
"Related condition" means a condition that:
(1) is attributable to cerebral palsy, epilepsy, or
any other condition, other than mental illness, found to
be closely related to an intellectual disability because
that condition results in impairment of general
intellectual functioning or adaptive behavior similar to
that of individuals with an intellectual disability, and
requires treatment or services similar to those required
for those individuals. For purposes of this Act, autism is
considered a related condition;
(2) is manifested before the individual reaches age
22;
(3) is likely to continue indefinitely; and
(4) results in substantial functional limitation in 3
or more of the following areas of major life activity:
self-care, language, learning, mobility, self-direction,
and capacity for independent living. "Developmental
disability" means a disability which is attributable to:
(a) an intellectual disability, cerebral palsy, epilepsy
or autism; or to (b) any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to those
required by persons with intellectual disabilities. Such
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability.
(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
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
fee or such amount as the respondent is unable to pay. However,
in cases where the 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
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.
(Source: P.A. 98-1094, eff. 1-1-15.)
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