CILA and DD Facilities Electronic Monitoring Forms and Process

Illinois Department of Human Services

Division of Developmental Disabilities

Information Bulletin

DD.20.017 Final

Policy

The Authorized Electronic Monitoring in Community-Integrated Living Arrangements and Developmental Disability Facilities Act (210 ILCS 165), "the Act", permits an individual to conduct authorized electronic monitoring of the person's own bedroom through the use of electronic monitoring devices placed in the bedroom. The purpose of this Information Bulletin is to describe the process for requesting and installing the device(s) in the residential settings covered under the Act.

Note: Guidance for State Operated Developmental Centers will be provided through a different mechanism.

The Act (210 ILCS 165) can be found here:

www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4011&ChapterID=21

Definitions

"Authorized electronic monitoring" means the placement and use of an electronic monitoring device by a resident in his or her bedroom.

"Community-integrated living arrangement" as described in Section 3 of the Community-Integrated Living Arrangements Licensure and Certification Act (210 ILCS 135). This includes all CILA living arrangements (24-Hour, Host Family, Intermittent, and Family).

"Developmental disability facility" means a facility or section of a facility that is licensed by, operated by, or is under contract with the State or a political subdivision of the State and that admits persons with developmental disabilities (DD) for residential services. This includes, but is not limited to, Community Living Facilities, Child Group Homes, and Child Care Institutions.

Process and Procedures

Resident Notification and Consent:

The resident, their plenary guardian, or the parent of a resident under the age of 18 must consent to the use of an electronic monitoring device(s) in writing on the Department approved "Electronic Monitoring Individual Consent Form (pdf)".
The electronic monitoring notification and consent form is not valid until properly completed, signed and dated with the applicable time of signature; and if a roommate is identified in this agreement, the "CILA Electronic Monitoring Roommate Consent Form (pdf)" must be completed, signed and dated with applicable time of signature by the identified roommate.
When an electronic monitoring notification and consent form is complete, the original must be maintained in the resident's record. If the resident has a roommate, a copy of the roommate's consent form must be attached to this document and maintained in the resident's record.
A copy of the completed, signed and dated consent form and roommate's consent form, if applicable, must be provided to the residential service provider or facility.
For residents enrolled in a DD Medicaid Waiver residential service, a copy of each completed, signed and dated consent form (individual and roommate's consent form, if applicable), must be provided to the resident's Independent Service Coordination Agency. The ISC should include the person's authorization for such equipment in the Plan.

Roommate Notification and Consent:

If a resident identifies a roommate when completing the "Electronic Monitoring Individual Consent Form (pdf)", the roommate must complete an "CILA Electronic Monitoring Roommate Consent Form (pdf)" as noted above.
A copy of the roommate's consent form should be kept in the roommate's record.

Notice to the Staff and Visitors:

A resident shall notify the staff in writing of his or her intent to install an electronic monitoring device by providing a completed "Electronic Monitoring Individual Consent Form (pdf)" and, if applicable, "CILA Electronic Monitoring Roommate Consent Form (pdf)" to the staff and/or residential provider.
When a completed consent form is received, the "Electronic Monitoring Entrance Notice (pdf)" shall be posted at all building entrances accessible to visitors.
The "Electronic Monitoring Room Notice (pdf)" shall be clearly and conspicuously posted at the entrance to the resident's room where authorized electronic monitoring is being conducted.
Staff is responsible for installing and maintaining the signage.

Cost and Installation:

Installation of electronic monitoring devices can only begin after a resident or person consenting on behalf of a resident completes and submits an "Electronic Monitoring Individual Consent Form (pdf)" and, if applicable, "CILA Electronic Monitoring Roommate Consent Form (pdf)" to the staff and/or residential provider.
A resident choosing to conduct authorized electronic monitoring must do so at his or her own expense including the cost to purchase, install, maintain and remove any such devices.
The resident is responsible for contracting with an internet service provider and installing a secure, password protected network if the resident is using an electronic monitoring device that uses internet technology for monitoring.
Electronic monitoring devices must be placed in a conspicuously visible location in the bedroom.
The provider may not charge the resident any additional fees for the cost of electricity used by an electronic monitoring device.
All electronic monitoring device installations and supporting services shall comply with the requirements of the current edition of the National Fire Protection Association (NFPA) 101 Life Safety Code when the device is installed.

Electronic Monitoring Device(s) and Recordings:

Individuals and entities are prohibited from hampering, obstructing, tampering with, or destroying an electronic monitoring device installed in a resident's bedroom without the permission of the resident or individual who consented on behalf of the resident.
Individuals and entities are prohibited from hampering, obstructing, tampering with, or destroying a video or audio recording without the permission of the resident or individual who consented on behalf of the resident.
Staff are allowed to turn off or block the electronic monitoring device at the direction of the resident or person who consented on behalf of the resident in accordance with the direction provided in the Individual and/or Roommate Consent Form(s).
Staff may not access any video or audio recordings created through authorized electronic monitoring devices without consent from the resident or person who consented on behalf of the resident.
The resident or person who consented on behalf of the resident may be required to provide a copy of any video or audio recordings to parties involved in a civil, criminal or administrative proceeding and, the video or audio recordings may be admissible as evidence in court proceedings.

Reporting:

Staff of the CILA or DD facilities shall report to the Division, in a manner prescribed by the Division, the number of authorized electronic monitoring notification and consent forms received each fiscal year.

Liability:

In accordance with the Act, CILAs and DD facilities are not civilly or criminally liable for the inadvertent or intentional disclosure of a recording by a resident or person who consents on behalf of the resident.
In accordance with the Act, CILAs and DD facilities are not civilly or criminally liable for a violation of a resident's right to privacy arising out of any electronic monitoring conducted pursuant to the Act.

If you have questions, related to the CILA Electronic Monitoring forms or process, please contact Derek Hedges at DHS.DDDComments@illinois.gov.

Effective Date

The CILA Electronic Monitoring Act is effective January 1, 2020 therefore, the process and forms provided in this Informational Bulletin are effective immediately. The Division is open to feedback, but the forms and process are in alignment with the requirements of the Act.