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HB 2538

DHS-ADULT W/DD-WELLNESS CHECK

104th Regular Session Introduced by Maurice West

DHS must request a wellness check within 6 months after learning an adult with developmental disability has lost a parental guardian, to verify safety and establish mandatory emerg

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Bill Summary · HB 2538

Summary — HB 2538 (DHS — Adult with Developmental Disability: wellness check)

Note on source material
- The materials provided include text from two different bills both labeled “HB 2538” (one from Arizona concerning rental income-source discrimination and one from Illinois concerning wellness checks for adults with developmental disabilities). This summary focuses on the DHS / Adult W/DD — Wellness Check measure (the Illinois text, which aligns with the bill title). Where legislative actions or sponsors appear to mix jurisdictions, those items are noted below.

Purpose and intent

Add a statutory requirement that the Department of Human Services (DHS) request a wellness check from the designated adult protective services (APS) agency when DHS learns that an adult with a developmental disability has lost a parental guardian while living with that guardian or living independently. The goal is to confirm the adult’s safety (no abuse, neglect, exploitation, or self‑neglect) and to establish mandatory standards for emergent casework and follow‑up to reduce risk of harm or death.

Key provisions

  • Amends the Mental Health and Developmental Disabilities Administrative Act by adding Section 67.5 (20 ILCS 1705/67.5 new).
  • Timing requirement: within 6 months of DHS learning that an adult with a developmental disability has lost a parental guardian while living with that guardian or independently, DHS must request a wellness check.
  • Responsible party: the request is made to the “designated provider agency” (as defined in the Adult Protective Services Act).
  • Wellness-check objectives:
    1. Verify the adult with a developmental disability is not experiencing, and is not at imminent risk of, abuse, neglect, exploitation, or self‑neglect.
    2. Establish mandatory standards for emergent casework and follow‑up services to mitigate risks of harm or death to the adult.
  • The bill does not include explicit funding provisions, enforcement mechanisms, or detailed content of the “mandatory standards”; those would likely be developed by DHS, APS agencies, or through later rulemaking.

Who would be affected

  • Primary beneficiaries: adults with developmental disabilities who recently lost a parental guardian and reside either with that guardian or independently.
  • State agencies: Department of Human Services (responsible for initiating requests) and designated APS/provider agencies (responsible for conducting wellness checks and follow‑up).
  • Service providers, caregivers, and families: may experience increased contact from DHS/APS and may be subject to emergent casework or service plans.
  • Potential system-wide impacts: increased APS caseloads and administrative work for DHS; possible need for additional resources or funding to implement timely wellness checks and follow-up services.

Potential impacts and considerations

  • Positive: May improve early detection of risks, reduce incidents of abuse/neglect/exploitation, and create standardized responses after guardian loss.
  • Operational: APS and DHS may need additional staffing, training, and funding to meet the 6‑month requirement and to implement “mandatory standards” for emergent and follow‑up services.
  • Privacy/consent: the bill does not specify confidentiality, consent, or court/guardian‑appointment processes that may interact with APS involvement.
  • Rulemaking/detail: implementation will likely require administrative rules or interagency protocols to define the wellness‑check process and the mandatory standards referenced.

Legislative status & sponsors (as provided)

  • Introduced: February 2025 (introduced in early February; Illinois materials list Rep. Maurice A. West, II as sponsor on 2/4/2025).
  • Actions listed (from provided records): readings and referrals in Feb–Mar 2025; assigned to Mental Health & Addiction Committee; Rule 19(a) / Re‑referred to Rules Committee (3/21/2025). Note: these procedural entries appear to mix records from multiple states and may reflect merged datasets.
  • Sponsor (Illinois wellness‑check text): Rep. Maurice A. West, II (primary).
  • An additional sponsor name (Anna Abeytia) appears in the packet but is associated with a different HB 2538 (Arizona) and a different subject (rental income‑source nondiscrimination).

If you’d like, I can:
- Produce a brief plain‑language explainer for affected families and providers, or
- Draft likely implementation tasks DHS/APS would need to complete (timelines, staffing, data‑sharing, template wellness‑check protocol).

Compiled from official sources — confirm details with the bill’s official record.

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