Short title
Short title. This Act may be cited as the Developmental Disability and Mental Health Safety Act or Brian's Law. (Source: P.A. 96-1235, eff. 1-1-11.)
Illinois · statute · 405 ILCS 82 · 13 active provisions
Short title. This Act may be cited as the Developmental Disability and Mental Health Safety Act or Brian's Law. (Source: P.A. 96-1235, eff. 1-1-11.)
Legislative Findings. The General Assembly finds all of the following: (a) As a result of decades of significant under-funding of Illinois' developmental disabilities and mental health service delivery system, the quality of life of individuals with disabilities has been negatively impacted and, in an unacceptable numb…
Definitions. As used in this Act: "Community agency" means (i) a community agency licensed, funded, or certified by the Department of Human Services, but not licensed or certified by any other human services agency of the State, to provide developmental disabilities service or mental health service or (ii) a program li…
Mortality Review Process. (a) The Department of Human Services shall develop an independent team of experts from the academic, private, and public sectors to examine all deaths at facilities and community agencies. (b) The Secretary of Human Services, in consultation with the Director of Public Health, shall appoint me…
Independent team of experts' access to information. (a) The Secretary of Human Services shall provide to the independent team of experts, on the request of the team Chairperson, all records and information in the Department's possession that are relevant to the team's examination of a death of the sort described in sub…
Public access to and confidentiality of information. (a) Meetings of the independent team of experts shall be closed to the public. (b) Records and information provided to the independent team of experts are confidential. Nothing contained in this subsection (b) prevents the sharing or disclosure of records, other than…
Indemnification. The State shall indemnify and hold harmless members of the independent team for all their acts, omissions, decisions, or other conduct arising out of the scope of their service on the team, except those involving willful or wanton misconduct. The method of providing indemnification shall be as provided…
Department's annual report. The Department of Human Services shall include in its annual report to the General Assembly a report of the activities of the independent team of experts, the results of the team's observations and conclusions, categories of members of the team as prescribed in Section 10 of this Act which a…
Rights information. The Department of Human Services shall ensure that individuals with disabilities and their guardians and families receive sufficient information regarding their rights, including the right to be safe, the right to be free from abuse and neglect, the right to receive quality services, and the right t…
(Amendatory provisions; text omitted). (Source: P.A. 96-1235, eff. 1-1-11; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 96-1235, eff. 1-1-11; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 96-1235, eff. 1-1-11; text omitted.)
(Amendatory provisions; text omitted). (Source: P.A. 96-1235, eff. 1-1-11; text omitted.)