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Department of Human Services
James T. Dimas, Secretary-designate
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Ligas Consent Decree
"Critical Need" Category
Persons in this category need to be served within one year, but do not require services immediately (as in the "Emergency Need" category).
"Critical Need" Category Means:
Individual or care giver will need support within the next year for the individual to continue living in their current situation. This category is for persons whose care giver is clearly moving toward being unable to provide care for physical or psychological reasons, or where the individual has a deteriorating situation which may require additional supports.
The individual has an aging care giver (60 or over) and will need supports within the next year. This is for situations where the individual and family are coping, but due to the age or health of the care giver or situation of the individual, more supports will be needed in the next year.
The individual has an ill care giver who will be unable to provide care within the next year. (Ill means the care giver has a medical condition that prevents them from effective care-giving) This is similar to #1 and #2 above, except that the condition affecting the care giver is health-related instead of age-related (E.g., age-related infirmities or inability to manage physical or psychological stress instead of an illness/infirmity that prevents providing care effectively).
The individual has behaviors that warrant added support to live in their own home or family home. This category is for persons whose behavior is no longer manageable or controllable. It is important to note that the key is the perception of the care givers if the individual lives with a care giver. Unmanageable behavior in one family might be viewed as manageable in another family because of the coping resources available to the family.
Person's personal care needs cannot be met by the current care giver, or person's health has deteriorated. This category is appropriate for persons whose health/physical situation has progressed to a stage wherein the care giver can no longer provide care satisfactorily. As opposed to the earlier categories, wherein care giver age/health was an issue, in this category the physical/mental status/health of the person with developmental disabilities is the key factor.
There has been a death in the family or other family crisis, requiring additional support. This is appropriate in cases where, although the care giver and person with developmental disabilities have not been directly affected, the death in the family (especially of a care giver spouse or other family member who may have assisted in providing care) or divorce or other crisis has the effect of a requiring a need for additional support.
Person has a care giver who would be unable to work if services are not provided. The care giver must work to provide income to pay the rent, etc. If services are not provided, the care giver would have to remain at home to provide support, and be unable to continue working.
Person or care giver has a need for different living arrangements within a year, e.g., person wants to move out of the home to be on her/his own or in a group setting, or care giver wants to move to another setting that requires alternative plans for the person with a developmental disability.
Person has graduated or left school in the past 10 years or is graduating within the next three years and needs supports. This category is appropriate for persons who have (or will shortly) graduate from school and will need day supports (i.e., there are no other employment or other day support options available/planned).
Person is living in an inappropriate place, waiting for a proper placement. This is appropriate for persons who are in a placement that is clearly inappropriate for them, but in which they can continue to reside for the short term (less than a year) until a proper placement is found. In the emergency category this placement would be intolerable - in this category the placement is inappropriate. An example may be where the roommate combination is inappropriate, etc.
Person moved from another state where they were receiving services (residential, day, home-based supports), but have moved to Illinois and want to continue receiving these services.
State plans to help this person in moving in the next year. This is appropriate for persons in situations which the state has deemed inappropriate/unacceptable for whatever reason and the state has planned to move the person from this placement within the next year. This would include, but not be limited to individuals who the state plans to move out of state-operated or private ICF/DD, nursing home, or other congregate settings during the next year.
Person is losing eligibility for Department of Children and Family Services (DCFS) support in the next year. This is appropriate for persons who currently are receiving funding, services, or a placement through DCFS but for whom this eligibility will be terminating within the next year due to the age of the individual.
Person is losing eligibility for Early, Periodic Screening, Diagnosis and Treatment (EPSDT) support in the next year (well-child screening and services for individuals under age 21 including those who are parents), but for whom this eligibility will be terminating within the next year due to the age of the individual.
Person is losing eligibility for Intermediate Care Facility for People with Developmental Disabilities (ICF/DD) support in the next year. This is appropriate for persons who currently are receiving funding for a placement through ICF/DD, but for whom this eligibility will be terminating within the next year due to a change in resources individual or a change in the level of care of the individual.
Person is losing eligibility for Medically Fragile/Technology Dependent Children's Waiver supports in the next year. This is appropriate for persons currently receiving funding for a placement through this waiver, but for whom this eligibility will be terminating within the next year due to the age of the individual.
Person is residing in an out-of-home residential setting and is losing funding from the Public School system in the next year. This is appropriate for persons who currently are receiving funding for a placement through the public school system, but for whom funding for this placement will be terminating within the next year due to the age of the individual.
Person is losing eligibility for Individual Care Grant supports through the mental health system in the next year. This is appropriate for persons who currently are receiving funding for a services or a placement, but for whom this eligibility will be terminating within the next year due to the age of the individual.
Person is leaving jail, prison, or other criminal justice setting in the next year and for whom supports must be found.
Person wants to leave the current setting in the next year.
Person needs services within the next year for some other reason. Please specify for what reason the individual needs services in the next year."
Frequently Asked Questions
Ligas Consent Decree Video
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