Illinois Laws on Mentally Disabled Children in Residential Homes

Illinois residential homes for mentally disabled children provide care for individuals with a variety of disabilities, including cerebral palsy, brain damage and Down Syndrome. Generally, the parents do not have the resources to provide the level of care their children require. Although these children do not have the capacity for independent living, the facility should provide them with the chance to become as independent as possible. The applicable laws are covered under Title 77, Public Health, and Chapter 1 of the Nursing Home Care Act.

Resident Rights

• Illinois' Nursing Home Care Act makes it illegal for caregivers to deny mentally disabled children their rights, benefits or privileges protected by law, or as guaranteed under the Constitutions of Illinois and the United States. Children should have the right to wear their own clothing and use personal items, such as a portable media player or game console, in their living quarters. The rules allow exceptions to this right if a physician believes it is unsuitable. The doctor must record the reasons for the decision in the individual's clinical record. If the facility provides clothing, the rules state the item must fit the child properly.

Safeguarding Personal Items

• The home must provide the individual with sufficient storage space for personal belongings. The storage space should provide adequate protection for the residents' small items of value in their rooms or other areas of the facility, such as a locked storage area. The facility management must take reasonable precautions to prevent theft or loss. Such activities include training staff, labeling items, and monitoring and conducting frequent property inventories.

Physician Services

• The child's parents or guardians have the option of retaining the services of their own doctor at their expense or as part of health insurance or another party that pays for the coverage. The parent cannot hold the residential home liable for the actions of the personal physician. The doctor, personal or provided by the facility, must provide the resident, parents or guardian complete and accurate information concerning medical diagnosis, treatment or prognosis in understandable language. The resident, parent or guardian has the right to have a voice in the care and medical treatments to the extent possible, considering the patient's condition. Any research or treatment received by the disabled child must meet Food and Drug Administration standards.

Drug Treatment

• Section 2 106.1 of the Illinois Nursing Home Care Act states that the disabled child cannot receive "unnecessary" drugs or an excessive amount of drugs. When administering drugs, the facility must have sufficient monitoring in place. The rules require the drug dosage be reduced or discontinued if there are adverse reactions. The resident should only receive psychotropic drugs with informed consent by the parent or guardian. The regulations define psychotropic drugs as antipsychotic, antidepressant, antimanic or antianxiety medications. Informed consent includes discussions with the child, parent or guardian, the child's doctor or a licensed nurse.

Communications

• The facility must provide residents unhindered private and uncensored communications by mail, phone or visits. The home must have procedures in place to ensure timely receipt of mail and make public phones available. The resident can receive private visitors at reasonable hours. However, doctors can recommend against visitation for medical reasons but must document the decision in the patient's clinical record.