Bill Text: IL HB2338 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Probate Act of 1975. Provides that a licensed clinical psychologist may sign a report relating to the adjudication of disability when the evaluation is limited to the respondent's mental condition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2338 Detail]

Download: Illinois-2013-HB2338-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2338 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
755 ILCS 5/11a-9 from Ch. 110 1/2, par. 11a-9
Amends the Probate Act of 1975. Provides that a licensed clinical psychologist may sign a report relating to the adjudication of disability when the evaluation is limited to the respondent's mental condition.
LRB098 06746 JLS 36794 b
A BILL FOR
HB2338 LRB098 06746 JLS 36794 b
AN ACT concerning probate proceedings.
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
Section 11a-9 as follows:
(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; (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 signatures of all
persons who performed the evaluations upon which the report is

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based, one of whom shall be a licensed physician unless the
evaluation and report are completed by a licensed clinical
psychologist and the evaluation is limited to the respondent's
mental condition, 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.
(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. 89-396, eff. 8-20-95.)