HomeMy WebLinkAboutORDINANCES-1984-091-O-842/7/85
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Amending Title 8 of the City Code of
the City of Evanston, 1979, as Amended,
Providing for the Licensing of Residential
Care Homes and Group Care Homes
WHEREAS, the City of Evanston as a home rule unit
• may exercise powers and perform functions pertaining to its
government and affairs; and
WHEREAS, effective local licensing, regulation and
enforcement of minimum standards for Residential and Group
Care Homes located within Evanston is a matter directly
relating to the affairs of the City of Evanston; and
WHEREAS, a demonstrated need exists in Evanston
for such Homes to accommodate certain Evanston residents
currently unable to find appropriate living arrangements
within the City of Evanston; and
WHEREAS, expeditious evaluation and processing of
applications for such licensing is deemed sound and
appropriate; and
WHEREAS, the
City Council of
the City
of Evanston
on November 21, 1983,
adopted Ordinance
88-0-83
providing
for the establishment of Residential Care Homes and Group
Care Homes, and included the provision that the City Council
will promulgate such standards, rules and regulations
regarding the licensing and operation of Residential Care
and Group Care Homes as it shall deem necessary to implement
the Ordinance and provide due process;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Title 8, Chapter 19, entitled
"Residential Care Homes and Group
• Care Homes", of the City Code of the City of
Evanston, 1979, as amended, be further amended to
read as follows:
CHAPTER 19
RESIDENTIAL CARE AND GROUP CARE HOMES
SECTION:
PAGE
8-19-1
GENERAL PROVISIONS AND DEFINITIONS
4
8-19-1-1
DECLARATION OF POLICY
4
•
8-19-1-2
DEFINITIONS
5
8-19-1-3
ADMINISTRATION
14
8-19-1-4
EXEMPTIONS
14
8-19-2
RUUIREMENTS FOR LICENSURE
15
8-19-2-1
LICENSE REQUIRED; APPLICATION FEE
15
8-19-2-2
LICENSE APPLICATION REQUIREMENTS
15
8-19-3
LICENSING AND ENFORCEMENT PROCEDURES
20
8-19-3-1
LICENSE APPLICATION REVIEW
20
8-19-3-2
ISSUANCE OF LICENSE
21
8-19-3-3
DENIAL OF LICENSE
21
8-19-3-4
LICENSE CATEGORIES; TERMS, FEES
22
8-19-3-5
TRANSFER OF OWNERSHIP
23
8-19-3-6
ANNUAL INSPECTION
24
8-19-3-7
LICENSE REVOCATION
24
•
25
8-19-3-8
NOTICE OF LICENSE REVOCATION
8-19-3-9
VOLUNTARY CLOSING
26
8-19-3-10
DEPARTMENT ENFORCEMENT RIGHTS AND
RESPONSIBILITIES
26
8-19-4
COMPLAINT PROCEDURES
30
8-19-4-1
COMPLAINTS; INVESTIGATION
30
8-19-4-2
CONFIDENTIALITY
31
8-19-4-3
FINDINGS: NOTICE TO LICENSEE
31
8-19-5
HEARINGS
31
8-19-5-1
HEARING PROCEDURES
31
8-19-5-2
HEARING OFFICER TO MAKE FINDINGS
34
8-19-6
WAIVERS
35
8-19-6-1
RELIEF REQUESTED
35
•
8-19-6-2
CONTINUATION OF RELIEF
36
8-19-6-3
APPEAL OF WAIVER DETERMINATION
36
8-19-7
PENALTIES
37
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8-19-7-1
INJUNCTIVE RELIEF
37
8-19-7-2
FINES
37
8-19-8
SPECIFIC OPERATING REOUIREMENTS FOR
HOMES SERVING ELDERLY
37
8-19-8-1
PROGRAM PRINCIPLES
37
•
8-19-8-2
ADMISSION AND DISCHARGE
39
8-19-8-3
RESIDENT TRANSFER
41
8-19-8-4
CONTRACT
41
8-19-8-5
RESIDENT RIGHTS
42
8-19-8-6
FAMILY AND COMMUNITY RELATIONS
45
8-19-8-7
STAFF
45
8-19-8-8
EMERGENCY AND UNUSUAL OCCURRENCE
PROCEDURES
47
8-19-8-9
RECORDS
50
8-19-8-10
MAINTENANCE AND HOUSEKEEPING
51
8-19-9
SPECIFIC OPERATING REQUIREMENTS FOR
HOMES SERVING THE DEVELOPMENTALLY,
DISABLED
54
8-19-9-1
ADOPTION OF STATE RULES AND REGULATIONS
54
•
55
8-19-9-2
PROGRAM PRINCIPLES
8-19-9-3
MONITORING
55
8-19-9-4
ADMISSION AND DISCHARGE
56
8-19-9-5
CONTRACT
60
8-19-9-6
RESIDENT RIGHTS
61
8-19-9-7
FAMILY AND COMMUNITY RELATIONS
63
8-19-9-8
STAFF
63
8-19-9-9
INDIVIDUAL CARE PLAN
65
8-19-9-10
SELF ADMINISTRATION OF PRESCRIBED
MEDICATION
67
8-19-9-11 EMERGENCY AND UNUSUAL OCCURRENC
PROCEDURES 65
8-19-9-12 RECORDS 71
• 8-19-9-13 MAINTENANCE AND HOUSEKEEPING 71
8-19-9-14 FOOD SERVICE 73
1wil
8-19-10
SPECIFIC OPERATING REQUIREMENTS FOR
HOMES
SERVING THE MENTALLY ILL
74
8-19-10-1
PROGRAM PRINCIPLES
74
8-19-10-2
MONITORING
74
8-19-10-3
ADMISSION AND DISCHARGE
75
8-19-10-4
CONTRACT
80
8-19-10-5
RESIDENT RIGHTS
81
8-19-10-6
FAMILY AND COMMUNITY RELATIONS
83
8-19-10-7
STAFF
83
8-19-10-8
INDIVIDUAL CARE PLAN
85
8-19-10-9
SELF ADMINISTRATION OF PRESCRIBED
MEDICATIONS
87
8-19-10-10
EMERGENCY AND UNUSUAL OCCURRENCE
PROCEDURES
88
8719-10-11
RECORDS
90
8-19-10-12
MAINTENANCE AND HOUSEKEEPING
91
8-19-10-13
FOOD SERVICE
92
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8-19-1 GENERAL PROVISIONS AND DEFINITIONS
8-19-1-1 DECLARATION OF POLICY: It is the
purpose of this Chapter and the
policy of the City to support, foster and
establish standards for the creation, licensing
and regulation of facilities designed to care for
four specific groups with special housing needs,
the elderly, youth, the mentally ill, and the
developmentally disabled, who will benefit from
the security and support of a group, and who may
need limited supervision from others, but who do
not need the services usually provided in a long
•
term care facility. All residents admitted to and
residing in a Home shall be of the same specific
group identified above (elderly, youth, mentally
ill or developmentally disabled.
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8-19-1-2 DEFINITIONS
ABUSE: Any physical, emotional, social or
mental injury inflicted on a
resident other than by accidental means.
AGGRIEVED PARTY: For purposes of this Chapter,
license applicants, licensees,
residents and legal representatives of residents
whose legal rights, duties or privileges created
under this Chapter are adversely affected by a
decision rendered in a particular case by the
Director of the Department of Health and Human
Services.
ANNUAL LICENSE: A License issued to a Home
after the period of provisional
licenseee and annually thereafter, when a Home is
in substantial compliance with this Chapter and
other applicable City ordinances.
APPLICANT: Any person, agency, association,
corporation, partnership, or
organization proposing to operate a Home and
making application for a license.
APPROPRIATE: With respect to a program, that the
program has the type and
quality of staff, services, and enivronment which
are sufficient to meet the objectives assigned to
it in a resident's Individual Care Plan.
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CALL TO CONFERENCE: A meeting which may be called
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by the Director, attendance at
which is mandatory, when the Director determines
that a Home is not in compliance with this
Chapter, that a complaint can best be resolved by
negotiation, that a service or action of the Home
requires discussion and evaluation to determine
the best way to provide for the needs of residents
or when a Hearing has been requested by the
Licensee.
CASE MANAGER: In Homes for the Mentally Ill, a
certified Social Worker,
licensed by the State of Illinois (Certified by
the Illinois Department of Registration and
Education) and is a Masters Degree graduate of a
School of Social Work approved by the Council on
Social Work Education, and has two years of
clinical experience in a mental health setting,
who is designated by the licensee for the
monitoring of Individual care Plans.
In Homes for the Developmentally Disabled, a
qualified mental retardation professional as
defined herein who is designated by the licensee
for the monitoring of Individual Care Plans.
DEPARTMENT:
Services.
The City of Evanston's
Department of Health and Human
DEVELOPMENTAL DISABILITY: A severe chronic
disability of a person which:
(3) is attributable to a ruental or physical
impairment or combination of mental and
physical impairments;
(b) is manifested before such person attains age
twenty-two;
(c) is likely to continue indefinitely;
(d) results in substantial functional limitations
in three or more of the following areas of
major life activity:
( i ) self care
(ii) receptive and expressive language
(III) learning
(iv) mobility
(v) self -direction
(vi) capacity for independent living, and
(vii) economic sufficiency; and
(e) reflects the person's need for a combination
and sequence of special, interdisciplinary or
• generic care, treatment, or other services
which are of lifelong or extended duration
and are individually planned and coordinated.
DIRECTOR: The Director of the City of
Evanston's Department of Health and
Human Services or his/her designee.
ELDERLY: Those impaired by chronic illness
and/or mobility limitations
associated with the aging process. These
individuals are capable of independent living,
will benefit from the security and support of a
group, and may need some supervision from others;
but do not regularly need the services usually
obtained in a long term care facility.
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ENTRANCE CRITERIA: Any criteria or characteristic
required by this Ordinance and/or by
the Home for admission.
GROUP CARE HOME: A residential facility housing
from nine (9) to fifteen (15)
persons, including any resident supervisory
personnel, residing together in a family
environment, each of whom is capable of
independent living with support services, but who
may need a substitute Home and are developmentally
disabled, mentally ill, or impaired by chronic
illness and/or mobility limitations associated
with the aging process, or are between nine (9)
and eighteen (18) years of age and are unable to
live with their parents or guardians. Excluded
from this definition are homes, any residents of
which are currently addicted to or recovering from
addiction to alcohol or narcotic drugs or are
criminal offenders serving on work release or
probationary programs. All Group Care Homes shall
be licensed pursuant to the provisions as set
forth herein.
GUARDIAN: A person appointed as a guardian of
the person and/or estate under the
Probate Act of 1975 (Illinois Revised Statuates.
1983, Chapter 110 1/2. Paragraph 1-1 et seq.)
HOME: A Residential Care Home or Group
Care Home as defined herein.
INDIVIDUAL CARE PLAN: An individual written plan
of intervention and action for a
resident that is developed on the basis of the
results of the Service Needs Assessment and
modified at frequent intervals, with the
participation of all concerned. The Plan
specifies measurable goals and objectives and a
timetable
for
the achievement of such
goals,
identifies
a
continuum of development,
and
projects progressive steps and developmental
consequences of services, including the assignment
of persons responsible for providing and
overseeing such services.
LICENSEE: A person, agency, association,
corporation, partnership or
organization which has been issued a license to
operate a Residential Care or Group Care Home.
MENTAL ILLNESS: A disability attributable to
the residual effects of a
• mental disorder or emotional disturbance that
causes some functional impairment and that alone
or in connection with social, legal, or economic
constraints, requires the provision of specialized
services over an extended period of time directed
toward the individual's social, personal, physical
and/or economical habilitation or rehabilitation.
For purposes of this Chapter, the term mental
illness does not include individuals who are
currently acutely psychotic, individuals with a
history within the past three years of violent,
destructive or criminal behavior, individuals who
are determined at the point of application to be
currently at risk of posing a threat to themselves
or others, or individuals who are currently
am
addicted to or recovering from addictions to
alcohol or narcotic drugs.
NEGLECT: An act without care or attention or the
omission of an act which results
• in physical or mental injury to a resident or the
deterioration of a resident's physical or mental
condition. Also, a failure to note changes in
residents condition requiring that person to
receive additional services or a failure to
initiate actions to help the person secure any
needed assistance and/or to make a change in their
living arrangements.
PHYSICIAN: Any person licensed by the State of
Illinois to practice medicine in all
its branches.
PROVISIONAL LICENSE: A License issued to'a new
applicant and whenever the ownership
of the Home is transferred by sale of stock or
otherwise from the licensee to another person,
agency or entity. A provisional license is issued
for a period of six months, unless extended by the
Director for good cause.
PSYCHIATRIC NURSE: A registered nurse as defined
in the Illinois Nursing Act (Illinois
Revised Statuates. 1983, Chapter 111, paragraphs
3401 et seq.) who is specially prepared by
education to practice as a clinical specialist in
adult psychiatric and mental health nursing or has
a Masters Degree in psychiatric or mental health
nursing.
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PSYCHIATRIST: A physician as defined herein who
is board eligible or board certified
in psychiatry.
PSYCHOLOGIST: A person registered with the
Illinois Department of Regirstration
and Education as a psychologist under the
Psychologist Registration Act (Illinois
Revised Statuates. 1983, Chapter 11, paragraphs
5301 et seq.)
QUALIFIED MENTAL RETARDATION PROFESSIONAL: A'
person who is:
An educator with a bachelor's degree in education
from an accredited program and with either
specialized training in working with the mentally
retarded or one year of experience in working with
the mentally retarded.
A physical therapist or occupational therapist
with either specialized training in working with
the mentally retarded or one year of experience in
working with the mentally retarded.
A physician licensed by the State of Illinois to
practice medicine or osteopathy with either
specialized training in working with the mentally
retarded or one year of experience in working with
the mentally retarded.
A psychologist registered with the State of
Illinois Department of Registration and Education
in accordance with the "Psychologist's Licensing
Act" and with either specialized training in
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working with the mentally retarded or one (1) year
of experience in working with the mentally
retarded.
A registered nurse with a valid current Illinois
registration to practice as a registered
professional nurse with either specialized
training in working with the mentally retarded or
one year of experience in working with the
mentally retarded.
A speech pathologist or audiologist with either
specialized training in working with the mentally
retarded or one year of experience in working with
the mentally retarded.
A registered social worker with a bachelor's
degree in social work from an accredited program,
• or a bachelor's degree in a field other than
social work and at least three years social work
experience under the supervision of a qualified
social worker, and with either specialized
training in working with the mentally retarded or
one year of experience in working with the
mentally retarded.
A therapeutic recreation specialist who is a
graduate of an accredited program and eligible for
registration in the National Therapeutic
Recreation Society, and with either specialized
training in working with the mentally retarded or
one year of experience in working with the
• mentally retarded.
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A rehabilitation counselor who is certified by the
Commission on Rehabilitation Counselor
Certification and with either specialized training
in working with the mentally retarded or one year
of experience in working with the mentally
• retarded.
RESIDENTIAL CARE HOME: A residential facility
housing four (4) to eight (8)
persons, including any resident supervisory
personnel, residing together in a family
environment, each of whom is capable of
independent living with support services, but who
may need a substitute Home and are developmentally
disabled, mentally ill, or impaired by chronic
illness and/or mobility limitations associated
with the aging process, or are between nine (9)
and eighteen (18) years of age and are unable to
• live with their parents or guardians. Excluded
from this definition are homes, any residents of
which are currently addicted to or recovering from
addiction to alcohol or narcotic drugs or are
criminal offenders serving on work release or
probationary programs. All Residential Care Homes
shall be licensed pursuant to the provisions as
set forth herein.
SCREENING PROCEDURE: The process which the
Residential Care or Group Care Home
utilizes to determine whether an applicant for
residence meets the entrance criteria.
• SERVICE NEEDS ASSESSMENT: The procedure for
determining the functioning level
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•
•
•
and services needed for each individual at the
time of admission and periodically thereafter,
including the assessment of physical, mental,
emotional and social capacities and the ability to
respond to emergency situations appropriately.
The Services Needs Assessment is completed by a
team including at least one (1) professional
designated by either the Commission on Aging or
the Mental Health Board, as appropriate.
SUPPORT SERVICES: Those services provided to
residents to facilitate their
Integration into the community and to improve
their level of functioning, independence and
self-respect.
YOUTH: Those individuals between nine (9)
and eighteen (18) years of age
unable to live with their parents or guardians.
8-19-1-3 ADMINISTRATION : The City Manager,
or his designee, shall administer
this Chapter and may, with the approval of the
City Council, promulgate regulations to carry out
Its enforcement.
8-19-1-4 EXEMPTIONS : Any Residential Care
or Group Care Home currently
licensed by the State of Illinois or previously
approved by the City of Evanston's Building and
Zoning Department for zoning code compliance is
hereby exempted from provisions of this Chapter.
Such exemption shall apply only so long as the
Home maintains its State license and shall
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terminate whenever the original licensee is no
longer operating the Home. Such exemption shall
not apply to any currently existing Home which is
neither licensed by the State nor approved for
• zoning code compliance by the Building and Zoning
Department.
8-19-2 REQUIREMENTS FOR LICENSURE
8-19-2-1 LICENSE REQUIRED: APPLICATION
FEE: No person, firm, corporation,
association, partnership or religious or other
organization may establish, operate, maintain,
offer, or advertise a Residential Care or Group
Care Home within the Cty unless that person or
entity obtains a valid License as provided
herein. Application to conduct and operate a Home
shall be made to the Director on forms furnished
by the Department, and a nonrefundable application
fee of $300.00 shall accompany the application.
The application shall be under oath and shall
contain all the information required in Section
8-19-2-2.
8-19-2-2 LICENSE APPLICATION REQUIREMENTS:
Each initial application and
renewal application shall contain the following:
(A) The name and address of the applicant if an
• individual; the name and address of every
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member, if a firm, partnership or association; and
in the case of a corporation, the name and address
thereof and of its officers and its registered
,agent.
(B) The name and location of the Home;
(C) Applicant information
(1) List of other programs, services,
institutions, facilities and activities
operated by the applicant;
(2) Current and previous experience with
residential programs and/or a specific
plan for developing and securing expertise
in the management of a Residential Care or
Group Care Home. Applicant must demonstrate
• current ability for programming and services
appropriate for the group to be served,
ability to monitor individual functioning,
and ability to assist individual residents to
make appropriate changes consistent with
individual needs.
(3) Evidence of financial responsibility and
capacity. Proof shall include an audited
financial statement setting forth the
financial condition of the applicant,
proposed construction, acquisition and
operating budget for the first year and a
• statement of the funds that have been or are
projected to be committed to the project and
the source(s) of those funds.
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(D) Community Relations and Involvement
•
(1) A specific plan for educating and being
responsive to the community on the nature
of the proposed Home;
(2) Data demonstrating existence of a need
in Evanston for the proposed Home;
(3) Agreement that the property remain on
the tax rolls or that the Home will make
equivalent annual payment in lieu of taxes.
The payment shall be in an amount equal to
the proportionate share of taxes which the
City would receive if the property were
subject to taxation.
(E) Resident Population to be Served
• (1) Identification of resident target group;
(2) Proposed minimum and maximum number,
functioning level, and needs of
residents to be served in Home consistent
with entrance criteria required by this
Chapter;
(3) Statement of policy of priority for
Evanston residents;
(4) Resident entrance criteria and screening
procedures;
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(F) Program
(1) Administrative procedures to make
available to residents programs and
services as required in 8-19-8,.8-19-9 and
0 8-19-10.
(2) Staffing, service and supervision plans
to meet the needs of residents. At
least one staff person shall be available, by
phone or on -premises, twenty-four hours every
day. The Home shall determine,'by
appropriate procedures, that staff possess
the skills and moral character to perform
their respective duties.
(3) Plans to inform and assist residents in
the meaningful use of community
services. Periodic resident meetings
• which include staff of community
services agencies are required.
(4) Plans for the instruction of residents
in correct emergency procedures.
(5) Plans for staff orientation and ongoing
inservice training to make staff aware of
community resources, emergency procedures and
evidences of changing resident needs.
(G) Site Location and Building
Specific plans for physical structure
including at least:
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(1) Details of site location, including
zoning district requirements and
assurance that the Home is not or will not. be
within a two thousand five hundred foot
(2,500') radius, determined by a straight
line and not street distances, of another
Residential Care or Group Care Home, or
within two hundred and fifty feet (250') of a
boarding house, rooming house, sheltered care
home, nursing home (skilled or intermediate)
or other residential facility, the occupation
of which is limited by income, age or medical
status.
(2) Details of building design, location and
dimension. Each bedroom in a
Residential Care or Group Care Home shall
contain at least seventy (7-0) square feet for
one occupant and at least one hundred twenty
• (120 ) square feet for two ( 2 ) occupants. No
bedroom shall be used for more than two (2)
residents. There must be at least one bath
for every five residents and one lavatory and
toilet for every four.
(3) Evidence of compliance with parking
requirements. A Residential Care
or Group Care Home shall not allow the
keeping or storage of more than one motor
vehicle for each off-street parking space
lawfully existing in connection with such
dwelling unit. If more than one staff car is
• to be parked at the Home, there must be
off-street parking for such cars.
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(4) In the case of new construction or the
conversion of an existing structure,
preliminary plans and specifications.
(H) Such other data and information as the
• Department may reasonably require as
necessary to its evaluation. '
8-19-3 LICENSING AND ENFORCEMENT
PROCEDURES
5-19-3-1 LICENSE APPLICATION REVIEW : The
Director of Health and Human
Services, in conjunction with the appropriate
Department staff, will review the application and
request additional information as needed.
• (A) The Director of the Department of Housing and
Property Services shall determine that the
building or structure occupied by the Home
complies with the applicable provisions of the
Evanston Housing, Building and Zoning Codes.
(B) The Fire Chief shall determine that the
building and premises meet the minimum
applicable life safety standards established
by the State Standards and Evanston City Code.
(C) The Chief of Police shall determine that the
applicant or officers and stockholders of the
• applicant if a corporation, are of good moral
character. The conviction of any party of a
Federal offense, State felony or misdemeanor
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involving moral turpitude shall be prima facie
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evidence of lack of good moral character.
(D) The person or group of persons designated by
the Mental Health Board or Commission on
Aging shall advise on the appropriateness of the
program plans for the relevant.resident target
population.
8-19-3-2 ISSUANCE OF LICENSE : The Director
shall determine whether the specific
licensing and other Chapter requirements have been
met, and will grant a license upon finding of
compliance with this and other applicable City
ordinances.. No license shall be granted unless
the Director determines that the proposed Home
meets all applicable requirements of those
ordinances of the City and the statutes of the
State and finds that a need exists in the City for
such a Home and that any other facilities,
programs, institutions or activities operated by
the applicant have been in compliance with
federal, state and local regulations. Any License
granted by the Director shall state the category
of residents for which the license is being
issued, the maximum number of persons to reside in
the Home, the date of license issuance and the
date of license expiration.
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8-19-3-3 DENIAL OF LICENSE :
(A) Notice of Denial: The Director shall notify
the applicant in writing of license denial.
Notice of denial shall include a clear and
. concise statement of the reasons upon which
denial is based and notice of the opportunity
for a hearing under Section 8-19-5.
(B) Denial Contested: If the applicant desires
to contest the denial of a license, it shall
provide written notice to the Director requesting
a hearing within ten (10) days after receipt of
notice of denial. The Hearing shall be conducted
pursuant to Section 8-19-5. The denial shall
thereafter be reviewed by the City Manager, as
provided by Section 8-19-5-2.
8-19-3-4 LICENSE CATEGORIES: TERMS, FEES :
• The following license categories and
corresponding terms and fees are established. All
licenses shall be prominently displayed in the
Home.
(A) Provisional License
Each initial license granted shall be
provisional. A provisional license shall be
valid for six (6) months, unless extended by
the Director for good cause shown. No fee in
addition to application fee shall be
required. If the Home fails to open within
• six (6) months of provisional licensing or
extension for good cause granted by the
Director, said license shall expire and the
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Home must reapply for licensing and pay a new
license application fee.
No less than five (5) days prior to occupancy
by the first resident, the Licensee shall
• notify the Director. When the Director
determines that a sufficient number of
residents is occupying the Home to permit an
evaluation of its operations, the Director
shall initiate an inspection of the Home for
compliance with this Chapter and with the
plans originally submitted by the applicant.
The Director shall issue a written report of
inspection to the Licensee pursuant to
Section 8-19-3-10(B).
(B) Annual License: When the Director has found
the Licensee to be in substantial
compliance, he/she shall issue an Annual License
• to said Licensee upon payment by the Licensee of a
license fee equivalent to Twenty Dollars ($20.00)
per resident allowed. The License shall be valid
for a period of one (1) year, unless otherwise
revoked or terminated as a result of transfer of
ownership.
8-19-3-5 TRANSFER OF OWNERSHIP
(A) Whenever the ownership of the Home is to be
transferred by sale of stock or otherwise
from the licensed person, agency or entity to
• another person, agency or entity, the
transferee shall obtain a Provisional
License. The transferor and transferee must
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•
•
notify the Department of the intended
transfer and apply for a new license at least
thirty (30) days prior to transfer. The
procedures and fees for new applicants as set
forth in Section 8-19-2 above shall apply to
all transferees.
(B) The transferor shall remain responsible for
operation of the Home until such time as a
Provisional License is issued to the transferee,
and shall remain liable for all penalties assessed
against the Home prior to transfer of ownership.
(C) Director shall review the license application
in accordance with Section 8-19-3-1 and will
make a determination to issue or deny a
license pursuant to Section 8-19-3-2.
8-19-3-6 ANNUAL INSPECTION : No less than
sixty (60) days prior to expiration
of an annual license, an inspection of the Home
will be conducted by a staff team appointed by the
Director to evaluate continued compliance with all
licensing requirements in this Chapter. The
Director shall mail a report of inspection
pursuant to Section 8-19-3-10(B). After the time
period allowed for correction the Director will
make a determination to renew or revoke or not
renew the license pursuant to Section 8-19-3-7
below. Notice of the intent to revoke or not
renew a license shall be sent by Certified Mail to
the licensee and published in accordance with
Section 8-19-3-8 below.
-24-
8-19-3-7 LICENSE REVOCATION
The Director may revoke or refuse to renew the
License of a Home on the following grounds:
• (A) a violation of any part of this Chapter or
other applicable ordinances of the City
of Evanston or the Statutes of the State of
Illinois by the licensee or any agent or employee
thereof;
(B) a conviction of the licensee for any Federal
offense, state felony or misdemeanor
involving moral turpitude;
(C) obtaining or attempting to obtain or retain a
license by fradulent means, misrepresentation,
or by submitting false information;
• (D) insolvency of the Home, or filing of a
petition in bankruptcy or for receivership,
or an assignment for the benefit of creditors;
8-19-3-8 NOTICE OF LICENSE REVOCATION
(A) The Director shall send by Certified Mail a
written notice of a determination to revoke
or not renew a license. The notice shall
contain a clear and concise statement of the
violations upon which the revocation or
non -renewal is based and notice of the right
• to contest the Director's decision under
Section 8-19-5.
-25-
(B) If a Licensee desires to contest the
revocation or non -renewal oL a license, the
Licensee shall, within ten (10) days after receipt
of notice, notify the Director in writing of its
request for a hearing under Section 8-19-5. Upon
• receipt of the request, the Director shall send
notice to the Licensee and hold a hearing as
provided under Section 8-19-5. Notice of Hearing
regarding a license revocation or non -renewal
shall be published in a newspaper of general
circulation within the City at least ten (10) days
in advance of the hearing.
8-19-3-9 VOLUNTARY CLOSING : Any licensee
shall give ninety (90) days notice
prior to closing a Home voluntarily. The notice
shall state the proposed date of closing. Such
notice shall be given to the Director, to every
Aresident and guardian, and, if practicable, to a
member of the resident's family. The Home shall
comply with all applicable laws and regulations
until the date of closing, including those related
to transfer or discharge of residents.
8-19-3-10 DEPARTMENT ENFORCEMENT RIGHTS
AND RESPONSIBILITIES : The
Director of
the Department of Health and Human Services shall
have the primary authority and responsibility for
enforcing all requirements in this Chapter.
` In addition to the responsibilities specified
elsewhere in this Chapter, the Department has the
following specific rights and responsibilities:
-26-
(A) Inspections: The Director or his/her
designee, whenever he/she deems necessary,
but not less than annually, shall inspect every
Home to determine compliance with applicable
license requirements and standards. The Director
• or his/her designee may periodically visit a Home
for the purpose of consultation. Inspections and
visits may be conducted without notice to the
Licensee.
(B) Report of Inspection: If upon inspection,
the Director determines that a Home is in
violation of this Chapter or other applicable
ordinances, lie/she shall promptly mail a report of
Inspection to the licensee. The report shall
specify the nature of the violation and the time
allowed to correct the violation not to exceed
sixty (60) days.
• (C) Right of Entry: Any holder of a license or
applicant for a license shall be deemed to
have given consent to any authorized officer,
employee or agent of the City, or any other
licensing agent to enter and inspect the Home.
Refusal to permit such entry or inspection shall
constitute grounds for denial, nonrenewal or
revocation of a license.
(D) Records: The Director shall have access to
any books, records and other documents
maintained by the licensee necessary to carry out
this Chapter.
• (E) In addition to the requirements set forth
herein, the Director may require additional
-27-
•
•
0
staff, .specific staff qualifications, services,
and/or facilities to meet the needs of the
residents as determined by the Service Needs
Assessments and the Individual Care Plans of the
individuals residing in the Home.
(C) The staff of the Department of health and
human Services shall have responsibilities
for enforcement of this Chapter as follows:
( 1 ) The Public Health Director: shall review
the license application and shall
inspect every Home as required by the
Director to determine compliance with all
health and sanitation codes of the City and
to determine compliance with any provisions
of this Chapter.. The Public Health Director
shall. forward written reports of all
inspections to the Director, who shall
determine compliance with this Chapter..
(2) The Executive Director of the Evanston
Mental. Health Board shall review the
license application for any Home making
application to serve the Mentally Ill and any
home making application to serve tide
Developmentally Disabled. He/she shall
inspect on at least a quarterly basis each
Home serving the Mentally Ill pursuant to
Section 8-19-10-1 and each Home serving the
Developmentally Disabled pursuant to Section
3-19-9-3. He/she shall forward written
reports of these inspections to the Director,
who shall determine compliance with this
Chapter.
-20-
(3) The Executive Director of the Evanston
Commission on Aging shall review the
application of any Home making application to
serve the elderly. He/she shall inspect at
least annually each Home serving the elderly
•
and shall forward
written reports
of these
inspections to the
Director, who
shall
determine compliance with this Chapter.
(G) Call to Conference: The Director may issue a
Call to Conference to the licensee,
attendance at which is mandatory, in the following
instances: when the Home is not in compliance
with this Chapter, when the Director determines
that a complaint can best be resolved by
negotiation, when a service or action of the Home
requires discussion and evaluation to determine
the best way to provide for the needs of the
residents, and when a Hearing has been requested
• by the licensee. The Mental Health Board and the
Commission on Aging may establish procedures for
participation of the Board or Commission, as
appropriate, in the conference. The purpose of
the Conference is to resolve differences which may
arise between the Department and the licensee or
between the licensee and a complainant prior to or
in the place of legal action. At the Director's
request and with their consent, complainants may
be included in such conferences. The decisions
reached at the Conference shall be reduced to
writing and forwarded to all concerned parties.
If a resolution deemed satisfactory by the
Director is not reached, the Home may be cited in
violation of this Chapter and the citation may be
considered grounds for denial, revocation or
-29-
non -renewal of the license. If a resolution
deemed satisfactory to the licensee or a
complainant is not reached, each has the right to
appeal the decision pursuant to Section 8-19-5.
• (H) Cooperation with Other Agencies: The
Department shall cooperate with units of
State Government, including the Department of
Public Health, the Department of Public Aid, The
Department of Children and Family Services, and
the Department of Mental Health and Developmental
Disabilities in monitoring Homes with the goal of
assuring necessary, equitable and consistent
supervision of Homes.
8-19-4 COMPLAINT PROCEDURES : The
Director shall investigate all
complaints thoroughly and promptly. Such
• investigation shall be carried out according to
the following procedures.
8-19-4-1 COMPLAINT; INVESTIGATION : Any
person who believes that any
provision of this Chapter may have been violated
may request an investigation. The request may be
submitted to the Department in writing, by
telephone, or by personal visit. An oral
complaint shall be reduced to writing by the
Director. Within ten (10) days of receipt of a
complaint the Director shall initiate an
investigation. Within thirty (30) days of
initiation of investigation, the Department shall
•
complete the investigation and determine whether
any provision of this Chapter has been violated.
-30-
Investigations of complaints of suspected abuse
shall be initiated within twenty-four (24) hours.
8-19-4-2 CONFIDENTIALITY : The complaint, a
copy of the complaint, or a record
• published, released or otherwise disclosed to the
Home shall not disclose the name of the
complainant unless the complainant consents in
writing to the disclosure, or the investigation
results in a judicial proceeding or unless
disclosure is essential to the investigation, in
which case the complainant shall be given the
opportunity to withdraw the complaint before
disclosure. Upon the request of the complainant,
the Director may permit the complainant or a
representative of the complainant to accompany the
person making the on -site inspection of the Home.
8-19-4-3 FINDINGS; NOTICE TO LICENSEE The
• Director shall inform the
•
complainant and the Licensee of its findings
within ten (10) days of its determination. The
notice of such findings shall include a copy of
the written determination and the report of
inspection pursuant to Section 8-19-3-10(B).
8-19-5 HEARINGS :
8-19-5-1 HEARING PROCEDURES : An aggrieved
party may appeal the decision of the
Director rendered in a particular case. The
appeal shall comply with the following procedures:
(A) An appeal shall be made in writing to the
Director within ten (10) days of notification
-31-
by the Director of the decision to be appealed.
The appeal shall include the mailing address and
telephone number of the grievant.
(B) Within five ( 5 ) days after receipt of an
• appeal, the Director may issue a "Call to
Conference" pursuant to Section 8-19-3-10(G). The
Conference shall be held within fifteen (15 ) days
after receipt of appeal.
(C) The Hearing shall commence no later than
" thirty (30) days after the receipt by the
Director of the appeal, or after the conference
held pursuant to Section 8-19-5-1(B), whichever is
later, and shall end no later than ninety (90)
days after the commencement unless justice
requires otherwise.
(D) The City Manager shall designate a person to
• serve as Hearing Officer to conduct a hearing
to review the decision. After notice of hearing,
the Hearing Officer shall not communicate,
directly or indirectly, in connection with any
issue of fact in that case or hearing with any
person or party except upon notice and opportunity
for all parties to participate.
(E) At least ten (10) days prior to the Hearing,
the Director shall send notice of the Hearing
to all parties. The notice shall specify the
date, time and place of the hearing and the
purpose of the Hearing. The notice to the
• aggrieved party shall be sent to the address set
forth in the request for hearing by certified
mail, or by personal service.
-32-
(F) The Hearing Officer may compel by subpoena or
•
•
subpoena duces tecum the attendance and
testimony of witnesses and the -production of
books and papers, and may administer oaths to
witnesses.
(G) The Hearing Officer shall.permit the
aggrieved party to appear in person and to be
represented by counsel at the hearing at which
time he shall be afforded an opportunity to
present all relevant matter in support of his
position. In the event of the inability of either
the aggrieved party, or the Director to procure
the attendance of witnesses to give testimony or
produce books and papers, either the aggrieved
party or the Director may take the deposition of
witnesses in accordance with the provisions of the
laws of this State. All testimony taken at a
hearing shall be recorded and all such testimony
and other evidence introduced at the hearing shall
be a part of the record of the hearing.
(H) The Hearing Officer shall be bound by the
Administrative Procedures Act of the State
of Illinois in so far as tht Act requires the
technical rules of evidence. All hearings shall
be conducted in a manner sufficient to afford all
parties full opportunity to be heard, to be
represented by counsel, to present complete
evidence to the end of securing substantial
justice.
(I) All subpoenas issued by the Hearing Officer
shall be served as provided for in civil
-33-
•
•
•
actions. The fees of witnesses for attendance and
travel shall be the same as the fees for witnesses
before the Circuit Court and shall be paid by the
party at whose request the subpoena is issued. If
such subpoena is issued at the request of the
Director or by a person proceeding in forma
pauperis, the witness fees shall be paid by the
Department as an administrative expense.
(J) In case of refusal of a witness to attend or
testify or to produce books or papers
concerning any matter upon which he might be
lawfully examined, the Circuit Court of the county
wherein the hearing is held, upon application of
any party to the proceeding, may compel obedience
by a proceeding for contempt as in cases of a like
refusal to obey a similar order of the court.
(K) The Department, at its expense, shall record
the testimony and preserve a record of all
proceedings under this Secton. The notice of
hearing, the complaint and all other documents in
the nature of pleadings and written motions filed
in the proceedings, the transcript of testimony,
and the findings and decision shall be the record
of the proceedings. The Director shall make
available such record.
8-19-5-2 HEARING OFFICER TO MAKE FINDINGS :
The Hearing Officer shall make
findings of
fact in such hearing and shall make a
recommendation for a decision to the City
Manager. The City Manager shall render his
decision within thirty (30) days after termination
-34-
of the hearing, unless additional time not to
exceed ninety (90) days is required by him for a
proper disposition of the matter. The City
Manager shall review the record and findings of
fact before rendering a decision. All decisions
is
rendered by
the City
Manager shall
be binding upon
and complied
with by
the Director,
the Department,
the Home, or the persons involved in the hearing,
as appropriate.
8-19-6 WAIVERS :
8-19-6-1 RELIEF REQUESTED : A Licensee may
seek relief from the provisions of
this Chapter when a specific or peculiar situation
exists which makes compliance a practical
impossibility or extreme hardship. A Licensee
requesting relief shall submit to the Director in
• writing a detailed explanation of why compliance
with the provisions of this Chapter would create a
practical impossibility or extreme hardship, and a
plan for how an alternative method of service
provision appropriate to the needs of the
residents of the Home will be implemented. Upon
receipt of such request, the Director shall
determine whether the Home has provided evidence
of these conditions.
A decision to grant relief from a provision of
this Chapter shall be made only where the Director
has found that a practical impossibility or
• extreme hardship exists in complying with the
provision for which a waiver is sought and that an
acceptable alternative method of service provision
-35-
appropriate to the needs of the residents will be
implemented. Written notice of the decision shall
be sent by certified mail to the Licensee within
thirty (30) days of receipt of the request, and
shall be prominently displayed in the Home, unless
the waiver pertains to an individual resident, in
• which case a copy of the notice of the decision
shall be given to the resident. No waiver shall
be granted from any requirements of this Chapter
relating to licensing and inspection provided in
Sections 8-19-1 through 8-19-6.
8-19-6-2 CONTINUATION OF RELIEF : A
Licensee which has been granted
relief from a
provision of this Chapter may request the
continuation of such relief by a letter to the
Director when the Annual License renewal
application is filed. The Director shall grant
• such relief if the Licensee has submitted an
adequate showing that the same conditions exist at
the time of license renewal as existed when the
relief was originally granted. Without said
request, such relief terminates at the end of the
license year.
8-19-6-3 APPEAL OF WAIVER DETERMINATION :
An aggrieved party may appeal the
Director's determination by requesting a hearing
under Section 8-19-5. The request for hearing
shall be submitted in writing to the Director
within ten (10) days after receipt of the
Director's determination. Upon receipt of the
• request, a hearing shall be conducted as provided
under Section 8-19-5.
-36-
8-19-7 PENALTIES :
8-19-7-1 INJUNCTIVE RELIEF If, in the
judgement of the Director,
• immediate Court action is necessary, he may at any
time direct the Corporation Counsel to file a
complaint in any court of competent jurisdiction
for a fine, injunction, or other appropriate
relief. Such action may be taken even though
administrative hearings are still pending.
8-19-7-2 FINES Any person, agency,
association, corporation,
partnership, organization or licensee violating
the provisions of this Chapter shall be fined not
less than one hundred dollars ($100) nor more than
five hundred dollars ($500) for each such
offense. Every day a violation continues may be
• deemed a separate offense by appropriate finding.
8-19-8 REQUIREMENTS FOR RESIDENTIAL CARE
AND GROUP CARE HOMES FOR THE
ELDERLY :
8-19-8.1 PROGRAM PRINCIPLES
(A) All programs shall be based on the following:
(1) The group is the basic support for the
• individuals.
(2) Within the structure of the group,
individuals are to be encouraged
-37-
and aided to remain as independent as
possible and to have their individual
differences respected.
(3) Residents plan for and implement as much
• of the activities and operation of the
Home as possible.
(B) There shall be a written procedure for
ongoing evaluation of resident needs, and
residents shall be part of this process. This
procedure shall include a method for noting
changes in physical or mental condition and
responding to these.
(C) The Home shall provide or assist with at
least the following services:
(1) At least one hot meal per'day, providing
• at least one-half of the daily minimum
•
nutritional needs, planned with input from
residents, and meeting medically prescribed
special dietary requirements; all foods shall
be stored, prepared and served in a clean,
nutritious and appetizing manner. Staff
shall assist in meal preparation to the
extent necessary.
(2) Regular resident meetings;
(3) Information and/or assistance to
residents in using community services.
-38-
(D) There shall be proof of agreement for
services and advocacy for residents from
community agencies. The licensee shall have a
written plan to inform residents of community
services and shall maintain awareness of changes
0 necessitating such services.
8-19-8-2 ADMISSION AND DISCHARGE :
(A) All required policies and procedures for
admission and discharge of residents as set
forth below shall be in writing, approved by the
Director and given to applicants for residence
prior to admission and to residents at the time
contracts are executed.
(B) Eligibility
• (1) No resident may be admitted without
evidence of completion of a physical and
mental status assessment within the six
months prior to admission. The assessment
shall include documentation of the presence
or absence of tuberculosis infection by
tuberculin skin test or chest x-ray. No
person with a communicable disease shall
knowingly be admitted into the Home.
(2) Each resident to be admitted shall be
capable of self -medication as attested
by a physician.
• (3) Each resident to be admitted shall be
capable of taking appropriate actions
unassisted in an emergency.
-39-
(4) Reasons for non -acceptance of resident
•
applicant must be recorded. Records
shall be subject to inspection.
(C) Admission
(1) Homes shall not discriminate on the
basis of race, creed, religion.
(2) No resident shall be admitted without a
Service Needs Assessment and a plan
designed to provide the resident with
information and, if necessary, assistance in
obtaining services to meet the needs. No
resident shall be admitted whose Service
Needs Assessment indicates service needs
which would require professional nursing
supervision or care or whose needs cannot be
met within the context of the group supports,
• community resources and the staffing plan
proposed.
(D) Involuntary Discharge
Except where a resident is an immediate
danger to himself or herself or others, a
Licensee must provide a resident with
twenty-one days written notice before
requiring him/her to leave the Home. The
licensee must offer assistance to the
resident and, if the resident wishes, to the
resident's family in locating another place
• to live. A social worker or a nurse, as
appropriate, who is staff to the licensee or
from a community service agency shall be
-40-
involved in the decision and in discussions
with the resident. The resident, and,if the
resident wishes the family, shall be informed.
of the right to contest the discharge.
Hospitalization is not discharge and all
• discharge procedures must be followed if a
resident is not to return to the Home from a
hospital.
8-19-8-3 RESIDENT TRANSFER The Department
shall assist residents in finding
other places to live should any of the following
conditions exist:
(A) The Home is operating without a license;
(B) The Director has revoked or refused to renew
the license of the Home as provided
• under Sections 8-19-3-7 and 8-10-3-8;
8-19-8-4 CONTRACT
(A) The written annual contract entered into by
the resident and the Licensee shall specify
at a minimum:
(1) The parties;
(2) All services which the Licensee will
provide and any specific items for which
• there
Is a charge in addition to the base rate;
-41-
(3) The monthly charges and the amount of
the deposit, andcharges for any extra
services; and
(4) A listing of which services and items
• are provided by the Licensee and which
services and items the resident shall be
•
responsible for providing for himself or
herself .
(5) Provisions for contract te4mination.
(B) The contract shall provide that if a resident
chooses to leave the Home, the resident may
terminate the contract, and shall not be liable
for any penalty or damages in excess of thirty
days, or one month's charge. The contract shall
include resident discharge rights as provided in
Section 8-19-8-3(D).
(C) The contract shall include as an attachment a
copy of the resident rights and "House Rules".
8-19-8-5 RESIDENT RIGHTS
(A) Residents shall be treated with respect,
dignity, consideration and as persons capable
of growth, development and full citizenship
rights. Physical and psychological abuse are
prohibited.
• (B) No resident shall be deprived of any rights,
benefits or privileges guaranteed by law, the
Constitution of Illinois or the Constitution of
the United States.
-42-
(C) Unless each resident is provided with a room
which he or she can lock, each room shall have
a private locked space available to him/her in
his/her room large enough to secure valuables.
• (D) Each Home shall have periodic meetings of
staff and residents and shall include
community agency personnel from time to time so
that residents will become familiar with resources
to whom they may turn for advocacy and assistance.
(E) No resident's room shall have as its sole
means of access a door to another resident's
room.
(F) Neither staff nor visitors shall enter a
resident room without permission except in an
emergency.
• (G) Residents have the right to free exercise of
religion.
(H) Residents have the right to receive health,
social and other services from the
provider of his or her choice.
(I) Residents shall plan day to day activities
operations of the Home with staff.
(J) Residents' confidentiality shall be
maintained. Residents and staff shall
• determine what information may be given out, to
whom, and under what circumstances. Any release
of information shall be in accord with applicable
laws.
-43-
(K) Residents have the right to visitors.
Residents have the right to unimpeded,
private and uncensored communication by mail, and
by public phone subject to reasonable time
limitations and the rights of fellow residents.
•
Mail must
not
be delayed.
A public phone
shall
be
accessible
and
available.
There shall be
space
to
meet privately with visitors.
(L) The resident has the right to decide how and
by whom the resident's funds may be spent.
(M) Residents shall be informed of their rights
in the case of involuntary discharge as
delineated in Section 8-19-8-1(D).
(N) Residents shall be informed of their right to
communicate with advocates including the
appropriate Board, Commission or Committee related
• to the Department.
•
(P) Residents shall be given a copy of all
resident rights and shall sign a document
stating that they have been given a copy and have
understood it or have had it read to them.
(Q) Residents shall be given a copy of all
resident responsibilities and house rules
established by the Home, including requirements
for continued residence, and shall sign a document
stating that they have been given a copy and have
understood it or have had it read to them.
(R) Residents shall be given a copy of the
Contract.
-44-
U
•
8-19-8-6 FAMILY AND COMMUNITY RELATIONS
(A) The Home shall assist in maintaining close
relationships with family members of each
resident for the benefit of the resident and with
the knowledge, participation and consent of the
resident.
(B) The Home shall make efforts to establish a
friendly relationship with the surrounding
neighborhood and community, such as providing
opportunities for social interaction between
residents and neighbors, providing opportunities
for residents to provide volunteer services in the
neighborhood, and establishing liaison with
organized neighborhood groups.
(C) The Home shall make efforts designed to
provide residents with information and shall
make efforts to assist residents in obtaining
benefits available from the community, such as
opportunities for participation in recreational,
social, cultural, and religious programs and
services.
8-19-8-7 STAFF
(A) There shall be one individual designated who
is ultimately responsible for the day to day
operation of the Home and for delivery of programs
required to meet needs of residents. At least one
staff person, designated by management, shall be
present some part of every day, time of
availability to be convenient for residents and
-45-
times of availability shall be posted. This
individual shall have skills to enable him/her to
assess changes in residents and assist in
appropriate referrals.
• (B) There shall be at least one staff person,
designated by management, on call twenty-four
(24) hours a day, consistent with resident needs
and approval of the Director. On -call staff shall
have direct access to all community emergency
services.
(C) All direct care staff shall be at least
twenty-one (21) years of age.
(D) The number and qualifications of staff shall
be adequate to provide that residents have
assistance needed in planning for their own needs
and for the smooth operation of the group within
isand
Home, and to respond appropriately to
emergency situations. The numbers and type of
staff must also be adequate to observe and assess
changes in resident needs and assist residents in
making changes in the services they receive or in
their living arrangements if so required. The
staffing plan and continuing staff coverage must
be approved by the Director.
Residents who have needs which may adversely
affect them or others if services are not obtained
must arrange for these services through the
provider of their choice or be discharged if
• unable to make such arrangements. However, the
Licensee is responsible for offering the resident
assistance and advice in determining what services
are needed.
-46-
(E) Each employee shall have a physical
examination which has been conducted within
ten (10 ) days before or after the first day of
employment. This examination shall include
findings that permit certification that the
• employee is free from communicable disease, and
shall include documentation of a•tuberculin skin
test or chest x-ray within one (1) year before
employment.
(F) There shall be an ongoing written planned
inservice education program and orientation
to enable all personnel including volunteers to
perform their duties effectively and to have the
knowledge defined in Section 8-19-2-2(F).
8-19-8-8 EMIRGENCY AND UNUSUAL OCCURRENCE
• PROCEDURES
•
(A) Emergency Procedures
(1) The Home shall implement effective
written emergency procedures, including:
(a) at least two fire drills each year;
(b) maintenance of a Red Cross approved
first aid kit on each floor;
(c) education of all residents and
orientation of new residents
regarding emergency procedures.
-47-
(d) any other procedure required by
City ordinances.
(2) If the Home does not have twenty-four
(24) hour staff on the premises, the
• Home shall provide an emergency contact at
all times and the residents must know how to
reach that person.
(3) The Home shall immediately notify the
Director of any emergency affecting a
resident. The resident's family shall also
be notified unless the resident requests
otherwise. Police or other agencies shall be
notified as appropriate. Records of such
events shall be kept for review by the
Department. Such emergencies include, but
are not limited to:
• (a) death, or imminent death;
(b) suspected or alleged neglect, or
physical/sexual abuse of or by a
resident or employee;
(c) any accident requiring medical care
outside the Home;
(d) any newly diagnosed serious illness
or disease;
(e) unexplained absence. House rules
• shall establish procedures for
-48-
announcing intended absence, for
informal efforts to locate, and for
informing appropriate agencies when
these are not successful.
• (B) Unusual Occurrence Procedures
(1) The Home shall implement procedures for
responding to unusual occurrences and
shall inform the residents of these
procedures. Such unusual occurrences
1.
include, but are not limited to:
(a) loss of utilities;
(b) severe weather conditions (e.g.,
tornado warning);
• (c) major damage to Home or personal
property;
(d) any activity related to the Home
leading to a police report;
(e) involuntary discharge.
(2) The Licensee shall notify the Director,
the appropriate state agency, and
Evanston Police Department (where
appropriate) of any unusual occurrences.
Records shall be kept of any unusual
occurrence.
0
-49-
8-19-8-9 RECORDS
(A) There shall be a current record of each
resident which gives all pertinent
information needed for emergency care and for
• continuity of services. The following constitutes
a minimum requirement for record keeping:
Name
Age
Person to be notified in an emergency and
family contacts, as appropriate
Medical history, including regularly updated
medication list and any drug allergies
Identifying data such as sex, height, weight,
or other data (Photo) for emergency
identification.
Any special problems which must be considered
• in providing service to the individual
Physician name, address and phone number.
Service Needs Assessment
•
(B) In the event of discharge, the reason or
reasons must be recorded in the resident
record.
(C) The Service Needs Assessment shall be updated
every six months or more frequently if
resident circumstances require a change.
(D) All information in the record shall be
confidential and any other personal
-50-
•
information is available only to the resident, the
licensee and the licensing body unless release is
authorized in writing by the resident or the
resident's guardian. Any release of information
shall be in accord with applicable law.
8-19-8-10 MAINTENANCE AND HOUSEKEEPING
(A) There shall be a plan for maintenance,
repairs and exterminating, including a
schedule.
(B) Grounds shall be maintained in a safe,
sanitary condition. The building shall be
kept clean and in good repair. All building codes
and sanitation codes shall be complied with at all
times.
• (C) All systems and equipment shall be maintained
in good working condition, including
electrical, plumbing, mechanical, heating, fire
protection, sewage disposal, fixtures, piping and
appliances.
•
(D) All furniture shall be maintained in a clean,
attractive, safe condition.
(E) Floors shall be clean, as non -slip as
possible and free from hazards.
(F) Odors shall be controlled and not covered.
(G) Refuse shall not be allowed to accumulate and
shall be properly disposed of.
-51-
•
(H) Food and food materials shall be stored
appropriately and in a sanitary fashion.
(I) Hazardous compounds or solutions shall be
kept in a safe place.
(J) The laundry areas shall be kept clean.
(K) There must be a plan stating what furniture
Is provided by the licensee and what by the
residents. Homes must contain furniture and
equipment usual and customary in residences.
There must be assurance that at least the
following shall be available:
(1) Common areas: Sufficient and suitable chairs
for all residents
Table space sufficient and
• suitable for all residents to
eat at the same time
Sufficient and suitable
appliances for the efficient
and attractive preparation of
meals
Sufficient and suitable
utensils, dishes, and serving
materials to serve meals
attractively and in a
sanitary fashion.
Sufficient and suitable
furniture to provide an
attractive, home -like
• atmosphere
-52-
Sufficient and suitable lights
and lamps for reading and
carrying out activities
(2) Resident rooms: One bed with good mattress
and springs for each resident
Sufficient and suitable storage
furniture, such as a chest of
drawers
Sufficient and suitable
furniture to give an
attractive, home -like
appearance
Locked storage space, if
necessary
Sufficient linen in good
condition to ensure that
there are always clean linens
available; window shades,
• blinds, or other privacy
devices unless obviated by
•
design
Lamp or other illumination for
reading
-53-
8-19-9 SPECIFIC OPERATING REQUIREMENTS FOR HOMES SERVING
THE DEVELOPMENTALLY DISABLED
8-19-9-1 ADOPTION OF STATE RTJ[T-S AND REGlJLATIONS
(A) There is hereby adopted by reference the follow-
ing Minimum Standards, Rules and Regulations
for classification, licensure and regulation
• of Residential and Group Care Hanes for the
Developmentally Disabled. Where any con-
flict occurs between the State standards
adopted by reference herein and the standards
set forth elsewhere in this chapter, the most
stringent standard shall apply.
(1) Minimum Standards for Licensure of Community 1!
Residential Alternatives, Part 113 of
Chapter 1 of Title 59 of the Illinois
Administrative Code, as promulgated
by the Illinois Department of Mental
Health and Developmental Diisabilities
pursuant to the Community Residential
Alternatives Licensing Act of 1981, in
• effect June 8, 1982, and as may from
time to time thereunder be amended.
These standards shall also apply to
programs defined as Supportive Living
Arrangements by the Illinois Depart-
ment of Mental Health and Develop-
mental Disabilities and that are
subject by definition to the require-
ments of this Chapter.
(2) Minimum Standards, Rules and Regulations
for classification and Licensure of
Community Living Facilities as pro-
mulgated by the Illinois Department
of Public Health, pursuant to the Com-
munity Living Facilities Licensing Act
of 1981, in effect May 7, 1982, and
as may from time to time thereunder be
amended.
-54-
(B) At least one copy of said Standards, Rules
and Regulations shall be available for
public inspection in the Office of the
Director.
(C) Homes serving the developmentally disabled
shall comply with sections 8-19-1 through
• 8-19-7 and section 8-19-9.
8-19-9-2 PROGRAM PRINCIPLES
(A) All programs shall be based on the following:
(1) The group is the basic support for
the individuals.
(2) Within the structure of the group,
individuals are to be encouraged and
aided in remaining as independent
as possible and individual differences
are respected.
(3) Residents plan for and implement as
much of the activities and operation of the
Home as possible.
• (B) There shall be a written procedure for ongoing
evaluation of resident needs, and residents
shall be part of this procedure. This procedure
shall include a method for noting changes in
physical or mental condition and responding to
these.
(C) There shall be proof of agreement for services
and advocacy for residents from community
agencies. The licensee shall have and execute
a plan to inform residents of cor unity ser-
vices.
(D) Services shall be provided to each resident in
accordance with his/her individual care plan.
8-19-9-3 MONITORING
• (A) The Executive Director of the Mental Health
Board (or his/her staff designee), shall make
on -site inspections to any Home for the de-
velopmentally disabled on at least a quarterly
basis.
-55-
(B) The Executive Director of the Mental Health
Board shall submit written reports of all
inspections to the Director of Health and Human
Services. The Director shall consider these
reports to determine compliance with this
Chapter and and shall send notice to the licensee
• pursuant to Section 8-19-3-10 (B).
8-19-9-4 ADMISSION AND DISCHARGE
(A) All policies and procedures for admission and
discharge of residents as set forth below shall
be in writing, approved by the Director, and given
to applicants for residence prior to admission
and to residents at the time contracts are
executed.
(B) Eligibility
(1) The individual shall be at least eighteen
(18) years of age.
(2) The individual shall have the ability to
self administer medications. At the time
• of admission, the individual's personal
physician shall provide in writing a
statement that the individual is either
capable of self administration of medication
or will be capable with training within
three months.
(3) The individual shall be capable of taking
appropriate actions unassisted in an
emergency-
(4) All applicants for residency shall meet
the following entrance criteria:
(a) The individual shall, on a commonly
accepted standardized test that
measures cognitive development or
• adaptive behavior, demonstrate
functioning in the mild or moderate
range, or
(b) if test results are not available,
the individual shall meet the
-56-
following criteria:
Independent functioning: Demonstrate
ability to feed self, clothe self, and
bathe self. Is toilet trained. De-
monstrates understanding of basic sur-
vival skills (e.g., responds appropriately
• to fire alarm).
Physical Capability: Demonstrates ability
of self,mobilization. Demonstrates
capability of making a timely exit in
case of emergency.
Communication Skills: Demonstrates ability
to communicate basic needs (by speech,
signing, or other communicative device).
Demonstrates ability to follow three
step directions. Has ability to recognize
survival words (e.g., fire, exit, stop).
Social Skills: Has ability to manage and
control behavior generally, and has aware-
ness of socially appropriate behavior in
varying situations. Has ability to leave
or seek help in threatening public
situation that is beyond his/her control
(e.g., harrassment, severe weather con-
ditions, etc).
Economic Activitv: Understands purpose
of money (i.e., knows money has value
but does not necessarily know values)
Home Living: Has ability to prepare
simple foods (e.g., sandwiches); to help
with simple household tasks (e.g.,
bedmaking, sweeping, vacuuming); to
set and clear table.
Vocational: Meets admissions standards
of school, day program, sheltered work-
shop, or competitive employment.
-57-
(5) No individual shall be admitted without
evidence of completion of a physical and
mental status assessment within the six
months prior to admission. The assess-
ment shall include documentation of the
• presence or absence of tuberculosis in-
fection by tuberculin skin test or chest
x-ray. No individual with a communicable
disease shall knowingly be admitted into
the home.
(6) No individual requiring continuous and
constant professional nursing supervision
or care shall be accommodated in a Home.
(C) Admission
(1) Homes shall not discriminate on the basis
of race, creed, or religion.
(2) No individual shall be admitted without
a Service Needs Assessment as defined
herein and a plan to ensure that the
• individual is provided with services to
meet his/her needs. No individual shall
be admitted whose Service Needs Assess-
ment indicates service needs which would
require professional nursing supervision
or care or whose needs cannot be met
within the context of the group supports,
ccmmmty resources, and the staffing
plan proposed.
(3) No individual shall be admitted without
execution of a written contract conforming
to the requirements in Section 8-19-8-5
setting forth the base rates, services
• provided by the Home, admission and dis-
charge rules and requirements, and
resident rights and house rules.
(4) The licensee shall form a screening
committee that shall include at least
one qualified mental retardation pro-
fessional as defined herein. The con -
position of the screening committee
shall be approved by the Director.
• No person shall be admitted without
the recommendation of the screening
committee. The licensee is responsible
for final admission decisions.
(D) Discharge and Discharge Planning
(1) If a resident no longer wishes to live
in a Home, a voluntary discharge shall
be granted. The Home shall offer counseling
to the resident's guardian or representative
and to the resident him/herself, concerning
the advantages and disadvantages of dis-
charge.
(2) The Hone shall provide discharge planning.
• The discharge planning team (including the
qualified mental retardation professional,
•
resident staff, and relevant community
services providers) shall invite the
resident, Director, receiving agency (if
applicable), the -legal guardian (if
applicable), and resident representative
if applicable to review discharge plans.
( 3 ) At the time of discharge, a sunsnary of
pertinent information from the resident's
record must be transmitted to the receiving
residential facility (if any and if appro-
priate). Any release of information shall
be made in accordance with applicable law.
-59-
(a) Involuntary Discharge
(a) Except where a resident is an immediate
danger to himself/herself or others, the
licensee shall provide a resident with
twenty-one days written notice be-
fore discharge. The licensee shall
offer assistance to the resident,
resident's guardian, or represenative,
in locating another place to live.
(b) Involuntary discharge may result from
chronic violation of program and/or "house
rules" or the development of a
psychological or physical condition
which cannot be appropriately managed
in a residential setting.
(c) Hospitalization is not discharge and all
discharge procedures shall be followed
if a resident is not to return to the
Home from a hospital.
• (E) Resident Transfer:
The Director shall assist residents in finding
other places to live should any of the following
conditions exist:
(a) The Home is operating without a
license;
(b) The Director has revoked or refused
to renew the license of the Home as
provided under Section 8-19-3-8.
8-19-9-5 CONTRACT
(A) The written annual contract entered into by the
resident, resident's guardian, and the licensee
shall specify at a minimum:
(1) The parties, including the name and address
• of resident's legal guardian where
applicable; a resident's representative
may be designated by the resident or
guardian.
(2) All services which the licensee will provide.
(3) The monthly charges and the amount of the
deposit; and
(4) Provisions for contract termination.
The contract shall provide that if a
resident chooses to leave the Home, the
• resident may terminate the contract,
and shall not be liable for any penalty
or damages in excess of thirty days, or
one month's charge. The contract shall
inlude a statement of the resident dis-
charge rights provided in section 8-19-9-4(D).
(B) The contract shall include as an attachment a copy
of the Home's resident rights and "house rules".
8-19-9-6 RESIDENT RIGHTS
(A) Residents shall be treated with respect, dignity,
consideration and as persons capable of growth,
development and full citizenship rights. Physical
and psychological abuse are prohibited.
(B) No resident shall be deprived of any rights,
benefits or privileges guaranteed by law, the
Constitution of Illinois or the Constitution
of the United States.
(C) Unless each resident is provided with a room
which he or she can lock, each resident shall
have a private locked space available large
enough to secure valuables (except for those
for wham a physician specifically states a
reason not to allow this right).
(D) Each Hone shall have periodic meetings of staff
and residents which shall include community
agency personnel from time to time so residents
will become familiar with resources to whom
they may turn for advocacy and assistance.
(E) No resident's room shall have as its sole means
of access a door to another resident's room.
(F) Neither staff nor visitors shall enter a
resident's room without permission except in
an emergency.
-61-
(G) Residents have the right to free exercise of
religion.
(H) Residents have the right to receive.health,
social, and other services from the provider
of their choice.
• (I) Residents shall be included in planning day to
day activities and operations of the Home with
staf f .
(J) Residents' confidentiality shall be maintained.
Residents and staff shall determine what in-
formation may be given out, to whom, and under
what circumstances. Any release of information
shall be.made in accordance with applicable
law.
(K) Residents have the right to visitors.
Residents have the right to unimpeded, private
and uncensored communication by mail, and by
public phone subject to reasonable time
limitations and the rights of fellow residents.
• Mail must not be delayed. A public phone shall
be accessible and available. There shall be
space to meet privately with visitors.
(L) The resident or the resident's guardian or
resident's representative has the right to decide
how and by whom the resident's funds may be spent.
(M) Residents and guardians of residents and resident's
representatives shall be informed of their rights
in the case of involuntary discharge as delineated
in Section 8-19-9-4 (D) 4.
(N) Residents, guardians of residents, and resident
representatives shall be informed of their rights
to communicate with advocates, including the
Mental Health Board.
• (0) Residents, guardians of residents, and resident
representatives shall be given a copy of all
resident rights and shall sign a document
stating that they have been given a copy and have
understood it or have had it read to them.
-62-
(P) Residents, guardians of residents, and resident
representatives shall be given a ccpl' cf -I'
resident responsibilities established by the Home,
including behaviors that are defined as
inappropriate and unacceptable by the Home,
and shall sign a document stating that they
have been given a copy and have understood it
or have had it read to them.
(Q) Residents and guardians of residents and resident
representatives shall be given a copy of the
contract and the house rules.
8-19-9-7 FAMILY AND COMMUNITY RELATIONS
(A) The Home shall assist in maintaining close
relationships with family members of each resident
for the benefit of the resident and with the
knowledge, participation and consent of the
resident.
(B) The Home shall maintain regular contact with the
legally appointed guardian or resident repre-
sentative of any resident, and provide verbal
status reports on at least a quarterly basis.
(C) The Home shall make efforts to establish a
friendly relationship with the surrounding
neighborhood and cammunity, such as providing
opportunities for social interaction between
residents and neighbors, providing opportunities
for residents to provide volunteer services in the
neighborhood, and establishing liaison with or-
ganized neighborhood groups.
(D) The Home shall make efforts designed to provide that
residents are informed of and receive the benefits
available from the community, such as opportunities
for participation in recreational, social, cultural,
and religious programs and services.
8-19-9-8 STAFF
(A) There shall be one individual designated who is
ultimately responsible for the day to day
operation of the Home and for delivery of programs
-63-
required to meet needs of residents. This in-
dividual shall be a qualified mental retardation
professional as defined herein, and as approved
by the Director.
(B) There shall be at least one staff person on
the premises at all times when residents are
present, consistent with all federal and
state requirements, resident needs and Depart-
mental approval. Staff shall have direct
access to all community emergency services.
(C) The licensee shall designate a case manager
for every resident admitted to a Residential
Care or Group Care Hane. The designated case
manager may or may not be a staff member of
the licensee. The case manager shall
participate in making the Individual Care Plan,
and shall be responsible for coordinating
services between the Home and the appropriate
community resources. The case manager shall
• periodically review with the resident and with
the relevant service providers (including
physician) the provided services (including
the appropriateness and effectiveness of
prescribed medication and any side effects).
The case manger shall be a qualified mental
retardation professional.
(D) All direct care staff shall be at least
twenty-one (21) years of age.
(E) The number and qualifications of staff shall
be adequate to meet the needs of residents as
determined by the Service Needs Assessment and
Individual Care Plan�to respond appropriately
in emergency situations, and to carry out
• responsibilities defined in these standards and
as further required in this Chapter. There shall
be trained staff or contractual arrangements to
meet all resident needs determined by the Service
Needs Assessments and Individual Care Plans. The
-64-
capacity to observe and to assess changes in
resident needs, and to provide that changes in
the services provided or in living arrangements
(if so required) are made. The staffing plan and
continuing staff coverage shall be approved by
the Director.
• (E) Each employee shall have a physical examination
which has been conducted within ten (10) days
before or after the first day of employment.
This examination shall include findings that
permit certification that the employee is
free from communicable disease, and shall include
documentation of a tuberculin skin test or chest
x-ray within one (1) year before employment.
(G) No employee or representative of the licensee may
act as guardian for a resident of the Home.
(H) There shall be an ongoing written planned in-
service education program or orientation,
skill training and related education to
enable all personnel including.volunteers
to perform their duties effectively. The
agency's staff training program shall meet
both staff training needs and service needs of
the residents.
8-19-9-9 INDIVIDUAL CARE PLAN:
The licensee shall provide an appropriate Individual
Care Plan based upon the Service Needs Assessment
and consistent with individual capacity for in-
dependent functioning. The Individual Care Plan
shall be written, in consultation with the resident,
by a staff team that includes a designated case manager.
The resident's guardian, resident's representative,
and/or relevant service providers shall be included
• in the process whenever feasible and/or appropriate.
(A) The Individual Care Plan shall include the
following written elements and be incor-
porated into the resident's record:
(1) Resident identification information
-65-
and assessment summary;
(2) Service needs;
(3) Measurable goals and objectives for
the resident with specified timeframes;
(4) Services to be provided including type,
frequency, duration and availability;
• (5) Identification of resident's case manager;
(6) Effective date of service implementation;
(7) Termination summary, when appropriate.
(B) The individual care plan shall be reviewed at
least quarterly by the case manager and resident,
and amended as necessary. A written summary of
the review shall be entered into the record.
The written review shall note any changes in
the resident's needs or progress made in
reaching established goals. Reviews shall
take place more frequently if the resident's
circumstances require a change in the Care Plan.
(C) All Individual Care Plans shall be based on
. the following:
(1) Resident programs shall concentrate upon
areas designed to increase the residents'
ability to take responsibility for
themselves.
(2) Residents shall be involved in programs
that develop skills required to move
toward greater personal independence.
(3) There shall be agreed upon goals
between the residential staff and each
resident.
(D) Each resident shall be linked to the network of
existing mental health, educational, vocational,
social, recreational and other community re-
sources as outlined in the Individual Care Plan.
(E) A case manager shall be designated by the
licensee for every resident admitted to a Home.
The designated case manager may or may not be
a staff member of licensee. The designated
case manager shall participate in making the
Individual Care plan, and shall be responsible
for coordinating services between the Home and
the appropriate community resources, including
ensuring that residents keep appointments for
• medication review and management.
(F) A detailed case history shall be maintained
and kept current for every resident.
8-19-9-10 SELF ADMINISTRATION OF PRESCRIBED MEDICATIONS
(A) No person shall be admitted who is not
capable of self-administering his/her own
medications, except that staff may guide new
residents in the self -administration of medication
for a training period not to exceed three (3)
months. At the time of admission, the
resident's personal physician shall provide
in writing a statement that the resident is
either capable of self administration of
medications or will be capable with training
• of self administration of medication within
three months. Staff may also guide a
resident in the self -administration of medication
for a period not to exceed thirty (30) days
following a change in the resident's
medication regimen by the physician. A
resident capable of self-administering his/her
own medications shall, at a minimum, be able
to identify his/her medication by size, shape,
color, etc., and know when he/she is to take
it, and the amount to be taken each.time.
(B) If a person is not at the time of admission
capable of self-administering his/her own
• medications, the licensee shall provide
personnel on the premises to supervise
medication administration. Such personnel
shall be licensed by the State of Illinois
to administer medications.
(C) Staff may assist a resident in the self-
-67-
administration of medications by taking the
medication from the locked area where it is
stored and handing it to the resident. If
the resident is physically unable to open the
container, a staff member may open the container
for the resident.
• (D) Staff shall monitor the self-administraztion
of medication as necessary and appropriate
and ordered by the person's physician.
Staff monitoring responsibility shall in-
clude informing the case manager and/or
physician of changes in the resident's
ability to self-administer medications.
(E) Medication management shall be recorded in
each resident's case record.
(F) The responsibilities of the case manager
shall include periodic review with the
resident and with the physician prescribing
medication the -appropriateness, effectiveness,
is and side effects, if any, of the medication.
(G) All medication shall be secured.
(H) Information relating to common risks and side
effects of the medication, the procedures to be
taken to minimize such risks, and a description
of any clinical indication that might require
suspension or termination of the drug therapy
shall be available to residents and staff in
every program. Such information shall also
be available to parents and guardians upon
request.
8-19-9-11 EMERGENCY AND UNUSUAL OCCURENCE PROCEDURES
(A) Emergency Procedures
(1) The licensee shall implement effective
• emergency procedures, including:
(a) At least two fire drills
each year;
(b) maintenance of a Red Cross
approved first aid kit on
each floor;
(c) education of all residents and
orientation of new residents re-
garding emergency procedures;
(d) any other procedures required by City
ordinance.
•
(2) The licensee shall immediately notify the
resident's guardian or resident re-
presentative and the Director of any
emergency affecting a resident. Police or other
agencies shall also be notified as appropriate.
Records of such events shall be kept for re-
view by the Director. Such emergencies include
but are not limited to:
(a) death, or imminent death;
(b) suspected or alleged neglect,
or physical/sexual abuse of or
by a resident or employee;
(c) any accident requiring medical care
•
outside the Home;
(d) any newly diagnosed serious illness
or disease;
(e) unexplained absence (based on the
guidelines and procedures established
by the Hone)
(B) Unusual Occurrence Procedures
(1) The licensee shall implement procedures to
manage unusual occurrences and shall in-
form the residents of these procedures.
Such unusual occurrences include, but
are not limited to:
(a) loss of utilities;
(b) severe weather conditions (e.g.,
•
tornado warning);
(c) any activity related to the Home
leading to a police report;
(d) involuntary discharge.
(2) The licensee shall notify the Department,
the appropriate State age__ncy, and E anst^ o
Police Department (where appropriate) of any
unusual occurences. Records shall be kept
of any unusual occurences.
• (3) The licensee shall notify the Department, the
appropriate state agency, and Evanston
Police Department (where appropriate) of
any unusual occurrences. Records shall be
kept of any unusual occurences.
(C) Plan for Unannounced Absences
(1) Every licensee shall prepare, update as
often as necessary, and have readily
accessible at the Home, a plan for
searching for residents;
(a) Who are not in compliance with the
Home's policy and procedures for
announcing intended absences; and
(b) Who remain unaccounted for after
• informal attempts to locate them
have been ineffective; or
(c) Whose special needs are such as
to create risk of harm.
(2) Every licensee shall maintain an
"Emergency Fact Sheet" for each
resident which shall be immediately
accessible to program staff and which
shall include a current photograph and the
following information: name, age, general
physical charateristics, including sex,
weight, height, build, hair and eye color,
any physical handicaps; and any special
• medical problems, including allergies
and medication needs; addresses of family
members, work, school, or day programs
and places frequented; and name, telephone,
and addresses of the resident's treating
physician.
-70-
8-19-9-12 RBCORDS
The following constit,_ites a minimtn .rern1ireiment for
record keeping:
(A) There shall be a current record for each
resident which gives all pertinent information
• needed for emergency care and for continuity
of services. The following shall be included:
Name, age, person to be notified in an
emergency, and family contacts as appropriate,
medical history, including regularly updated
medication list and any -drug allergies.
Identifying data such as sex, height, weight,
or other data (photo) for emergency identifi-
cation. Any special problems which must be
considered in providing service to
the individual. Legal compentency
status and name of guardian (if any).
Physician name, address and phone
number. Service needs assessment.
• (B) In the event of discharge, the reason or
reasons shall be recorded in the resident
record.
(C) All information in the record shall be
confidential and any other personal infor-
mation is available only to the resident,
the licensee and the licensing body unless
release is authorized in writing by the
resident or the resident's guardian. Any
release of information shall be in accordance
with applicable laws.
8-19-9-13 MAINTENANCE AND HOUSEKEEPING
(A) There shall be a plan for maintenance, repairs
and exterminating, including a schedule.
• (B) Grounds shall be maintained in a safe,
sanitary condition. The building shall be
kept clean and in good repair. All building
codes and sanitation codes shall be complied
with at all times.
-71-
(C) All systems and equipment shall be maintained
in good working condition, including
electrical, plumbing, mechanical, heating,
fire protection, sewage disposal, fixtures,
piping and appliances.
(D) All furniture shall be maintained in a clean
• attractive, safe,.condition.
(E) Floors shall be clean, as non -slip as
possible and free from hazards.
(F) Odors shall be controlled and not covered.
(G) Refuse shall not be allowed to ac=late and
shall be properly disposed of.
(H) Food and food materials shall be stored
apapropriately and in a sanitary fashion.
(I) Hazardous compounds or solutions shall be
kept in a safe place, and marked with suitable
and universal hazard warnings.
(J) The laundry areas shall be kept clean.
(K) There must be a plan stating what furniture is
provided by the licensee and what by the
residents. Homes must contain furniture and
equipment usual and customary in residences.
Furniture and equipment such as stereos, T.V.'s,
radios, cameras, sporting equipment must be
marked inconspicuously with the resident's
name. A record of all furniture and
equipment owned by an individual resident or
jointly by two or more residents must be kept
in the resident's file in close proximity to the
resident's fact sheet. There shall be assurance
that at least the following shall be available:
(1) Common Areas: Sufficient and suitable
chairs for all residents. Table space
. sufficient for all residents to eat at the
same time. Sufficient and suitable
applicances for the efficient and attractive
preparation of meals. Adaptive kitchen
equipment shall be provided to facilitate
-72-
a resident's safety and maximum functioning
indicated in the Individual Care Plan.
Sufficient and suitable utensils, dishes,
and serving materials to serve
meals attractively and in a sanitary
fashion. Sufficient and suitable furni-
ture to provide an attractive, home -like
atmosphere. Sufficient and suitable
lights and lamps for reading and
carrying out activities.
(2) Resident Rooms: One bed with good
mattress and springs for each resident.
Sufficient and suitable storage
furniture, such as a chest of drawers.
Suffficient and suitable furniture to
provide an attractive, home -like
appearance. Locked storage space if
necessary. Sufficient linen in good con-
dition to ensure that there are always
• clean linens available; window shades,
blinds, or other privacy devices unless
obviated by design. Larp or other
illumination for reading.
8-19-9-14 FOOD SERVICE
(A) The Home shall provide or arrange for
a nourishing and well-balanced diet for
all residents and shall assist residents with
meal preparation to the extent necessary. This
shall include at least one hot meal provided at
the Home each day. This meal shall provide at
least one-half of the daily minimal nutritional
needs, shall be planned with input from residents,
and shall meet any medically prescribed dietary
• requirements. Each resident's Individual Care
Plan shall specify how his/her dietary needs
shall be met.
(B) All foods shall be stored, prepared and served
in a clean, nutritious and appetizing manner.
-73-
8-19-10 SPECIFIC OPERATING REQUIREMENTS FOR HOMES SERVING THE MENTALLY ILL
8-19_10_1 PROGRAM PRINCIPLES
(A) All programs shall be based on the following:
(1) The group is the basic support for the
individuals.
(2) Within the structure of the group,
is individuals are to be encouraged and aided
in remaining as independent as possible and
individual differences are respected.
(3) Residents plan for and implement as much
of the activities and operation of the
Home as possible.
(B) There shall be a written procedure for ongoing
evaluation of resident needs, and residents shall
be part of this procedure. This procedure shall
include a method for noting changes in physical
or mental condition and responding to these.
(C) There shall be proof of agreement for services
and advocacy for residents from community
• agencies. The licensee shall have and execute
a plan to inform residents of community
services.
(D) Services shall be provided to each resident in
accordance with his/her individual care plan.
8-19-10-2 MONITORING
(A) The Executive Director of the Mental Health Board
(or his/her staff designee), shall meet with each
designated case manager on at least a quarterly
basis to review Individual Care Plans and the
provision of prescribed services.
(B) The Executive Director of the Mental Health Board
(or his/her staff designee), shall make on -site
• inspections to any Home for the mentally ill on
at least a quarterly basis.
-74-
(C) The Executive Director of the Mental Health
Board shall suhmit writtan reports of all in-
spections to the Director of Health and Human
Services. The Director shall consider these
reports to determine compliance with this
• Chapter and shall send notice to the licensee
suant to Section 8-19-3-10(B).
8-19-10-3 ADMISSION AND DISCHARGE
(A) All policies and procedures for admission and
discharge of residents as set forth below shall
be in writing, approved by the Director and
given to applicants for residence prior to
admission and to residents at the time contracts
are executed.
(B) Eligibility
(1) The individual shall be at least eighteen
(18) years of age.
(2) The individual shall have the ability to
self administer medications.$t the time oF"
• admission, the individual's personal physician
shall provide in writing a statement that Ihc
individual is capable of self administration
of medication.
(3) The individual shall be capable of taking
appropriate actions unassisted in an
emergency.
(4) All applicants for residency shall meet
the following entrance criteria:
(a) The individual shall demonstrate
the following:
Assessed capacity for independent
functioning, based on the individual's
wish to live independently and de-
monstrated capacity to function in
a socially appropriate manner and to
manage his/her own needs and care
-75-
(e.g., personal care, health management,
hcusehold maintenance); deronstrated -
willingness and capacity to learn and/or to
refine additional independent
living skills if needed (e.g.,
vocational training, develop-
ment of own social network).
(b) The individual shall demonstrate
mastery of the following skills:
In Home Skills: Cares for personal
hygiene; takes own medications as
prescribed (if any); perceives common
dangers (e.g., locks doors, turns off
gas), capable of exiting Home
unassisted in an emergency.
In the Community Skills: Has basic
understanding of community expecta-
tions and awareness of appropriate
social behavior.
• Social and motional Skills:
Maintains contact with a clinic, other
social agency; or private practitioner
(c) The individual shall have or
demonstrate the potential to master
the following skills, which should
be developed through support services
available to residents of the Home:
In Home Skills: Performs routine
household chores; does laundry;
prepares own meals; budgets own money.
In the Community Skills: Schedules
and keeps own therapy and medical
appointments; uses public transporta-
• tion; shops on own; attends school,
workshop, job; has awareness of
public welfare and other bureau-
cratic systems (may need help to
negotiate these systems).
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Social and Emotional Skills:
Monitors eT etional needs (e.g.,
need for more medications, extra
attention, quiet time); has some
ability to problem solve, ver-
balize and negotiate with others
in the environment.
(5) No individual shall be admitted without
evidence of completion of a physical and
mental status assessment within the six
months prior to admission. The assess-
ment shall include documentation of the
presence or absence of tuberculosis in-
fection by tuberculin skin test or chest
x-ray. No individual with a communicable
disease shall knowingly be admitted into
the home.
(6) No individual requiring continuous and
constant professional nursing super-
vision or care shall be accommodated in
a Home.
(C) ADMISSION
(1) Hones shall not discriminate on the basis
of race, creed, or religion.
(2) No individual shall be admitted without
a Service Needs Assessment as defined
herein and a plan to ensure that the
resident is provided with services to meet
his/her needs. No individual shall be
admitted whose Service Needs Assessment
indicates service needs which would re-
quire professional nursing supervision or
care or whose needs cannot be met within
• the context of the group supports, com-
munity resources, and the staffing plan
proposed.
(3) No individual shall be admitted without
execution of a written contract
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conforming to the requirements in
Section 8-19-8-5 setting forth
the base rates, services provided by
the Home, admission and discharge rules
and requirements, and resident rights and
house rules.
(4) The licensee shall have on staff, or by
written consultation agreement, a
psychiatrist, psychologist, psychiatric
nurse, or case manager (qualified social
worker) designated to assess the suita-
bility of applicants for residence in a
Hone, according to the entrance criteria
as defined in this Chapter. The licensee
shall form a screening committee that will
include at least one clinical staff person
from a community agency other than the
agency sponsoring the Herne. The com-
position of the screening ccnnittee
• shall be approved by the Director.
The designated clinician and the screening
committee shall each make admission re-
commendations to the licensee. No person
shall be admitted without the recom-
mendation of both the designated clinician
and the screening committee. The licensee
is responsible for admission decisions.
(D) DISCHARGE AND DISCHARGE PLANNING
(1) If a resident no longer wishes to live
in the Home, a voluntary discharge shall
be granted. The Home shall offer counsel-
ing to the resident's guardian or re-
presentative and to the resident
• him/herself, concerning advantages and
disadvantages of discharge.
(2) The Hone shall provide discharge planning.
The discharge planning team (including
the designated case manager, residential
staff, and relevant community service
111-IM
providers) shall invite the resident,
•
•
Director, receiving agenc- ( i f applicable),
the legal guardian (if applicable), and
resident representative (if applicable)
to review discharge plans.
(3) At the time of discharge, a summary
of pertinent information from the
resident's record must be transmitted
to the receiving residential facility
(if any and if appropriate). Any release
of information shall be made in accordance
with applicable law.
( 4 ) IWOLUNrARY DISCHARGE
(a) Except where a resident is an
immediate danger to himself/herself
or others, the licensee shall provide a
resident with twenty-one (21) days
written notice before discharge.
The Licensee shall offer assistance
to the resident, and to the resident's
guardian or representative in locating
another place to live.
(b) Involuntary discharge may result from
chronic violation of program and/or
"house rules" or the development of
a psychological or physical condition
which cannot be appropriately managed
in a residential setting.
(c) If a resident, following admission,
begins to demonstrate a disintegration
in functioning level (as manifested by
thought disorders, impaired judgment,
negative changes in sleeping and
eating patterns, changes in ideas of
reference, and/or refusal of
medication), the Hone shall convene
a team meeting (including the de-
signated case manager, residential
staff, and relevant community services
-'7Q-
providers) to evaluate the
appropriateness of the resident
remaining in the Home. At all
times, a resident shall at a
minimum meet the entrance criteria
set forth in section 8-19-10-3-(B).
(d) Hospitalization is not discharge and
• all discharge procedures shall be
followed if a resident is not to
return to the Home from a hospital.
(E) RESIDENT TRANSFER:
The Director shall assist residents in
finding other places to live should any
of the following conditions exist:
(a) The Home is operating without a
license;
(b) The Director has revoked or refused
to renew the license of the Home as
provided under Section 8-19-3-8.
8-19-10-4 CONTRACT
•
(A) The written annual contract entered into by the
resident, resident's guardian, and the licensee
shall specify at a minimum:
(1) The parties, including the name and
addresses of resident's legal guardian
where applicable; a resident's re-
presentative may be designated by the
resident or guardian.
(2) All services which the licensee will provide.
(3) The monthly charges and the amount of
the deposit; and
(4) Provisions for contract termination.
The contract shall provide that if a
resident chooses to leave the Home, the
•
resident may terminate the contract, and
shall not be liable for any penalty or
damages in excess of thirty days, or one
month's charge. The contract shall in-
clude a statment of the resident dis-
charge rights provided in section
:m
8-19-10-3 (D).
(B) The contract shall include as an attachment a
copy of the Home's resident rights and house
rules.
8-19-10-5 RESIDENT RIGHTS
(A) Residents shall be treated with respect,
dignity, consideration and as persons capable
• of growth, development and full citizenship
rights. Physical and psychological abuse
are prohibited.
(B) No resident shall be deprived of any rights,
benefits or privileges guaranteed by law, the
Constitution of Illinois or the Constitution
of the United States.
(C) Unless each resident is provided with a roan
which he or she can lock, each resident shall
have a private locked space available large
enough to secure valuables (except for those
for whom a physician specifically states a
reason not to allow this right).
(D) Each Hone shall have periodic meetings of staff
and residents which shall include community
agency personnel from time to time so that
residents will became familiar with resources
to whom they may turn for advocacy and
assistance.
(E) No resident's room shall have as its sole
means of access a door to another resident's
M Neither staff nor visitors shall enter a
residents roan without permission except in
an emergency.
(G) Residents have the right to free exercise of
religion.
• (H) Residents have the right to receive health,
social, and other services from the provider of
their choice.
(I) Residents shall plan day to day activities and
operations of the Home with staff.
(J) Residents' confidentiality shall be maintained.
M
Residents and staff shall determine what in-
formation may be given out, to whom, and under
what circumstances. Any release of information
shall be made in accordance with applicable law.
(K) Residents have the right to visitors.
Residents have the right to unimpeded,
private and uncensored communication by
is mail, and by public phone subject to
reasonable time limitations'and
the rights of fellow residents. Mail must
not be delayed. A public phone shall be
accessible and available. There shall be
space to meet privately with visitors.
(L) The resident or the resident's guardian or
resident representative has the right to
decide how and by whom the resident's
funds may be spent.
(M) Residents and guardians of residents and
resident representative shall be informed
of their rights in the case of involuntary
discharge as delineated in Section 8-19-10-3(D).
(N) Residents, guardians of residents, and resident
representatives shall be informed of their right
to communicate with advocates, inlcuding the
Mental Health Board.
(0) Residents, guardians of residents, and resident
representatives shall be given a copy of all
resident rights and shall sign a document
stating that they have been given a copy and
have understood it or have had it read to them.
(P) Residents, guardians of residents, and resident
representatives shall be given a copy of all
resident responsibilities established by the
Home, including behaviors that are defined as
• inappropriate and unacceptable by the Home,
and shall sign a document stating that they
have been given a copy and have understood it
or have it read to them.
(0) Residents and guardians of residents and
resident representatives shall be given a copy
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of the Contract and the house rules.
8-19-10-6 FAMILY AND COMMUNITY RELATIONS
(A) The Fome shall. assist it maintaining close
relationships with family members of each
resident for the benefit of the resident
and with the knowledge, participation and
• consent of the resident.
(B) The Home shall maintain regular contact with
the legally appointed guardian or resident
representative of any resident, and provide
verbal status reports on at least a quarterly
basis.
(C) The Home shall make efforts to establish a
friendly relationship with the surrounding
neighborhood and cormtunity, such as providing
opportunities for social interaction between
residents and neighbors, providing opportunities
for residents to provide volunteer services in
the neighborhood, and establishing liaison
with organized neighborhood groups.
• (D) The Home shall make efforts designed to provide
that residents are informed of and receive the
benefits available from the community, such
as opportunities for participation in re-
creational, social, cultural, and religious
programs and services.
8-19-10-7 STAFF
(A) There shall be one individual designated who
is ultimately responsible for the day to day
operation of the Home and for delivery of
programs required to meet needs of residents.
This individual shall have a masters degree
in a mental health discipline as approved by
the Director.
• (B) There shall be at least one staff person on
the premises at all times when residents are
present, consistent with all federal and state
requirements resident needs and Departmental
approval. Staff shall have direct access
to all ccm-unity emergency services.
•
•
11
(C) The licensee shall designate a case
manager for every resident admitted to
a Residential Care or Group Care Home.
The designated case manager may or may
not be a staff member of the licensee
The case manager shall particiapte
in making the Individual Care Plan, and
shall be responsible for coordinating
services between the Home and the
appropriate community resources. This
includes ensuring that residents keep
appointments for medication review and
management. The case manager shall
periodically review with the resident
and with the relevant service providers
(including physician) the provided
services plan (including the appropriateness
and effectiveness of prescribed medication and
any side effects).
(D) The licensee shall have on staff,
or by written consultation agreement, a
psychiatrist, psychologist, psychiatric nurse
or a case manager (qualified social worker)
designated to assess the suitability of
applicants for residence in a Home, according
to the criteria as defined in this Chapter.
(E) All direct care staff shall be at least
twenty-one (2) years of age.
M The number and qualifications of staff shall
be adequate to meet the needs of residents as
determined by the Service Needs Assessment and
Individual Care Plans, to respond appropriately in
emergency situations, and to carry out res-
ponsibilities defined in these standards and as
further required in this Chapter. There shall
be tra ined staff or contractual arrangements to
meet all resident needs determined by the Service
Needs Assessment and Individual Care Plans.
The numbers and type of staff shall also
provide the capacity to observe and tc assess
changes in resident needs, and to provide
that changes in the services provided or in
their living arrangements (if so required)
• are made. The staffing, plan and continuing
staff coverage shall be approved by the
Director.
(G) Each employee shall have a physical examination
which has been conducted within ten days before
or after the first day of employemnt. This
examination shall include findings that permit
certification that the employee is free from
communicable disease, and shall include do-
cumentation of a tuberculin skin test or
chest x-ray within one (1) year before
employment.
(H) No employee or representative of the licensee
may act as guardian for a resident of the Home.
• (I) There shall be an ongoing written planned in-
service education program or orientation, skill
training and related education to enable all
personnel including volunteers to perform their
duties effectively. The agency's staff training
program shall meet both staff training needs and
service needs of the residents.
8-19-10-8 INDIVIDUAL CARE PLAN
The licensee shall provide an appropriate
Individual Care Plan based upon the Service Needs
Assessment and consistent with individual capacity
for independent functioning. The Individual Care
Plan shall be written, in consultation with the
resident, by a staff team that includes a de-
signated case manager. The resident's guardian,
resident's representative, and/or relevant service
providers shall be included in the process whenever
feasible and/or appropriate.
(A) The Individual Care Plan shall include the
following written elements and be incor-
n C
porated in the resident's record:
(1) Resident identification information
and assessment summary;
(2) Service needs;
(3) Measurable goals and objectives for
the resident with specified timeframes;
(4) Services to be provided including type,
frequency, duration and availability;
(5) Identification of resident's case
manager;
(6) Effective date of service implementation;
(7) Termination summary, when appropriate.
(B) The individual care plan shall be reviewed at
least quarterly by the case manager and
resident, and amended as necessary. A written
summary of the review shall be entered into
the record. The written review shall rote
any changes in the resident's needs or progress
made in reaching established goals. Review
shall take place more frequently if the
• resident's circumstances require a change in
the care plan.
(C) All Individual Care Plans shall be based on
the following:
(1) Resident programs shall concentrate
upon areas designed to increase the
residents' ability to take responsibility
for themselves.
(2) Residents shall be involved in programs
that develop skills required to move
toward greater personal independence.
(3) There shall be agreed upon goals
between the residential staff and each
resident.
• (D) Each resident shall be linked to the network
of existing mental health, educational,
vocational, social, recreational and other
community resources as outlined in the In-
dividual Care Plan.
(E) A case manager shall be designated by the
oc
licensee for every resident admitted
to a Home. The designated case manager may
or may not be a staff member of the licensee:
The designated case manager shall
participate in making Individual Care Plan,
and shall be responsible for coordinating
services between the Home and the appropriate
community resources, including ensuring that
residents keep appointments for medication
review and management. The case manager shall
meet with the Executive Director of the
Evanston Mental Health Board (or his/her staff
designee) on at least a quarteriyi"basis to
review Individual Care Plans.
(F) A detailed case history shall be maintained
and kept current for every resident.
8-19-10-9 SELF ADMINISTRATION OF PRESCRIBED MEDICATIONS
(A) No person shall be admitted who is not
capable of self administering his/her
own medications. At the time of admission,
• the resident's personal physician shall
provide in writing a statement that the
resident is capable of self administration
of medications. A resident capable of self-
administering his/her own medications shall
at a minimum, be able to identify his/her
medications by size, shape, color, etc.
and know when he/she is to take it, and the
amount to be taken each time.
(B) Staff shall monitor the self -administration
of medication as necessary and appropriate and
ordered by the person's physician. Staff
monitoring responsibility shall include in-
forming the case manager and/or physician of
• changes in the resident's ability to self-
administer medications.
(C) Medication management shall be recorded in
each resident's case record.
(D) Psychotropic medication shall be prescribed
by a licensed physician who has evaluated
-87-
the resident and is familiar with the case
history, or in an emergency, is at least
familiar with the case history. Medication
and dosage shall be monitored by a Psychiatric
out -patient facility or a psychiatrist in
private practice.
(E) Each resident receiving psychotropic
• medication shall receive a yearly physical
examination. The results of the examination
shall be reviewed by the physician
prescribing psychotropic medication.
(F) The responsibilities of the case manager shall
include periodic review with the resident and
with the physician prescribing medication the
appropriateness, effectiveness, and side
effects, if any, of the medication.
(G) No person shall be admitted to a Hone for
the mentally ill without the execution of
a written contract that includes the
agreement of the prospective resident
• to conply with his/her prescribed medication
regimen.
(H) All medication shall be secured.
(I) Information relating to common risks and side
effects of the medication, the procedures to
be taken to minimize such risks, and a des-
cription of any clinical indications -hat
might require suspension or termination of
the drug therapy shall be available to
residents and staff in every program.
Such information shall also be available
to parents and guardians upon request;
8-19-10-10 EMERGENCY AND UNUSUAL OCCURENCE PROCEDURES
(A) Emergency Procedures
i
1
(1) The licensee,,nimplement effective
emergency procedures, including:
(a) At least two fire drills
each year;
(b) maintenance of a Red Cross
approved first aid kit on
each floor;
(c) education of all residents and
orientation of new residents re-
garding emergency procedures.
(d) any other procedures required by
City ordinance.
•
(2) The licensee shall immediately notify the
resident's guardian or -resident re-
presentative and the Director of any emergency
affecting a resident. Police or other agencies
shall also be notified as appropriate. Records
of such events shall be kept for review by the
Director. Such emergencies include, but are
not limited to:
(a) death, or imminent death;
(b) suspected or alleged neglect, or
physical/sexual abuse of or by a
resident or employee;
(c) Any accident requiring medical
•
care outside the Home;
(d) any newly diagnosed serious illness
or disease;
(e) unexplained absence (based on
the guidelines and procedures
established by the Home).
(B) Unusual Occurrence Procedures
(1) The licensee shall implement procedures to
manage unusual occurrences and shall
inform the residents of these procedures.
Such unusual occurrences include, but
are not limited to:
(a) loss of utilities;
(b) severe weather conditions (e.g.,
•
tornado warning) ;
(c) any activity related to the Home
leading to a police report;
(d) involuntary discharge.
-89-
(2) The licensee shall notify the Department,
the appropriate state agency, and Evansston
Police Department (where appropriate) of
any unusual occurences. Records shall be
kept of any unusual occurences.
(C) Plan for Unannounced Absences
(1) Every licensee shall prepare, update as
• often as necessary, and have readily
accessible at the Home,, a plan for
searching for residents;
(a) Who are not in compliance with the
Home's policy and procedure for
announcing intended absences; and
(b) Who remain unaccounted for
after informal attempts to locate
them have been ineffective; or
(c) Whose special needs are such
as to create a risk of harm;
(2) Every licensee shall maintain an "Emergency
Fact Sheet" for each resident which shall
be immediately accessible to program staff
• and which shall include a current
photograph and the following information:
name, age, general physical characteristics
including sex, weight, height, build,
hair and eye color; any physical handicaps;
and any special medical problems, including
allergies and medication needs; addresses
of family members, work, school, or day
programs and places frequented; and name,
telephone, and addresses of the resident's
treating physician.
8-19-10-11 RECORDS
The following constitutes a minimum requirement for
• record keeping:
(A) There shall be a current record for each
resident which gives all pertinent information
needed for emergency care and for continuity of
services. The following shall be included:
Name, age, person to be notified in an
.M
emergency, and family contacts as appropriate,
medical history, including regularly updated
medication list and any drug allergies.
Identifying data such as sex, height, weight,
or other data (photo) for emergency identification.
Any special problems which must be considered
in providing service to the individual. Legal
is competency status and name of guardian (if any).
Physician name, address and phone number.
Service Needs Assessment.
(B) In the event of discharge, the reason or
reasons shall be recorded in the resident
record.
(C) All information in the record shall be
confidential and any other personal in-
formation is available only to the resident,
the licensee and the licensing body unless
release is authorized in writing by the
resident or the resident's guardian. Any
release of information shall be in accordance
0 with applicable law.
8-19-10-12 MAINTENANCE AND HOUSE=PING
(A) There shall be a plan for maintenance, re-
pairs and exterminating, including a
schedule.
(B) Grounds shall be maintained in a safe,
sanitary condition. The building shall be
kept clean and in good repair. All building
codes and sanitation codes shall be complied
with at all times.
(C) All systems and equipment shall be maintained
in good working condition, including
electrical, plumbing, mechanical, heating, fire
protection, sewage disposal, fixtures, piping
• and appliances.
(D) All furniture shall be maintained in a clean,
attractive, safe condition.
(E) Floors shall be clean, as non -slip as
possible and free from hazards.
(F) Odors shall be controlled and not covered.
-91-
(G) Refuse shall not be allowed to accumulate
•
U
•
and shall be properly disposed of.
(H) food and food materials shall be stored
appropriately and in a sanitary fashion.
(I) Hazardous compunds or solutions shall be
kept in a safe place, and marked with
suitable and universal hazard warnings.
(J) The laundry areas shall be kept clean.
(K) There must be a plan stating what
furniture is provided by the licensee and
what by the residents. Homes must contain
furniture and equipment usual and customary
in residences. Furniture and. equipment such
as stereos, T.M s, radios, cameras, sporting
equipment must be marked inconspicously with
the resident's name. A record of all furniture and
equipment owned by an individual resident or
jointly by two or more residents must be
kept in the resident's file in close proximity
to the resident's fact sheet.
There shall be assurance that at least the
following shall be available:
(1) Common areas:
Sufficient and suitable chairs for
all residents. Table space sufficient
and suitable for all residents to eat
at the same time. Sufficient and suitable
appliances for the efficient and attractive
preparation of meals.
Adaptive kitchen equipment shall be
provided to facilitate a resident's safety
and maximum functioning as indicated in
the individual care plan. Sufficient and
suitable utensils, dishes, and serving
materials to serve meals attractively and
and in a sanitary fashion. Sufficient and
suitable furniture to provide an
attractive, home -like atmosphere.
Sufficient and suitable lights and lamps
for reading and carrying out activities.
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(2) Resident Rooms: One bed with good
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mattress and springs for each resident.
Sufficient and suitable storage furniture,
such as a chest of drawers. Sufficient
and suitable furniture to give an
attractive, home -like appearance. Locked
storage space if necessary.
Sufficient linen in good
condition to ensure that there
are always clean linens available;
window shades, blinds, or other
privacy devices unless obviated
by design. Lamp or other illumination
for reading .
8-19-10-13 FOOD SERVICES
(A) The Home shall provide or arrange for a nourishing
and well-balanced diet for all residents and shall
assist residents with meal preparation to the extent
necessary. This shall include at least one hot meal
eaten at the home each day. This meal shall provide
at least one-half of the daily minimal nutritional
needs; shall be planned with input from residents,
and shall meet any medically prescribed dietary
requirements. Each resident's Individual Care
Plan shall specify how his/her dietary needs
shall be met.
(B) All foods shall be stored, prepared and
served in a clean, nutritious and
appetizing manner.
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SECTION 2: No residential or group care home
for youth shall be issued a license
unless and until the City Council enacts specific rules, reg-
ulations and standards regarding the licensing and operation
of such youth home.
SECTION 3: This ordinance, by its terms, is
severable if any court of competent
jurisdiction should determine any paragraph, subparagraph or
clause unconstitutional or invalid. Such declaration should
be determined to be excised and the remainder of this or-
dinance shall be in full force and effect.
SECTION 4: All ordinances or parts of or-
dinances in conflict herewith
are hereby repealed.
SECTION 5: This ordinance shall be in full
force and effect from and after
its passage, approval and publication in the manner provided
by law.
Introduced: Jr4u 4 -y l�
0
Adopted: VAd,� /(
ATTEST:
City Clerk
Approved as to form:
Corporation Cdunsel
, 1985
, 1985
Approved: /Z-C l ,� 198,5—
Mr -
Mayo
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