Illinois 2023-2024 Regular Session

Illinois House Bill HB1293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1293 EngrossedLRB103 05843 KTG 50863 b HB1293 Engrossed LRB103 05843 KTG 50863 b
2		-	HB1293 Engrossed LRB103 05843 KTG 50863 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1293 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34 Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code. LRB103 05843 KTG 50863 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1293 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34 Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code. LRB103 05843 KTG 50863 b LRB103 05843 KTG 50863 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1293 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
	3	+	15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34
	4	+	15 ILCS 335/12 from Ch. 124, par. 32
	5	+	20 ILCS 505/5 from Ch. 23, par. 5005
	6	+	305 ILCS 5/5-2 from Ch. 23, par. 5-2
	7	+	705 ILCS 405/2-23 from Ch. 37, par. 802-23
	8	+	705 ILCS 405/2-31 from Ch. 37, par. 802-31
	9	+	705 ILCS 405/2-33
	10	+	705 ILCS 405/2-34
	11	+	Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
	12	+	LRB103 05843 KTG 50863 b LRB103 05843 KTG 50863 b
	13	+	LRB103 05843 KTG 50863 b
	14	+	A BILL FOR
	15	+	HB1293LRB103 05843 KTG 50863 b HB1293 LRB103 05843 KTG 50863 b
	16	+	HB1293 LRB103 05843 KTG 50863 b
3	17		1 AN ACT concerning foster youth.
4	18		2 Be it enacted by the People of the State of Illinois,
5	19		3 represented in the General Assembly:
6	20		4 Section 1. The Illinois Identification Card Act is amended
7	21		5 by changing Section 12 as follows:
8	22		6 (15 ILCS 335/12) (from Ch. 124, par. 32)
9	23		7 Sec. 12. Fees concerning standard Illinois Identification
10	24		8 Cards. The fees required under this Act for standard Illinois
11	25		9 Identification Cards must accompany any application provided
12	26		10 for in this Act, and the Secretary shall collect such fees as
13	27		11 follows:
14	28		12 a. Original card...............................$2013 b. Renewal card................................2014 c. Corrected card..............................1015 d. Duplicate card..............................2016 e. Certified copy with seal ...................517 f. (Blank) 18 g. Applicant 65 years of age or over ..........No Fee19 h. (Blank) 20 i. Individual living in Veterans21 Home or Hospital ...........................No Fee22 j. Original card under 18 years of age..........$523 k. Renewal card under 18 years of age...........$5 12 a. Original card............................... $20 13 b. Renewal card................................ 20 14 c. Corrected card.............................. 10 15 d. Duplicate card.............................. 20 16 e. Certified copy with seal ................... 5 17 f. (Blank) 18 g. Applicant 65 years of age or over .......... No Fee 19 h. (Blank) 20 i. Individual living in Veterans 21 Home or Hospital ........................... No Fee 22 j. Original card under 18 years of age.......... $5 23 k. Renewal card under 18 years of age........... $5
15	29		12 a. Original card............................... $20
16	30		13 b. Renewal card................................ 20
17	31		14 c. Corrected card.............................. 10
18	32		15 d. Duplicate card.............................. 20
19	33		16 e. Certified copy with seal ................... 5
20	34		17 f. (Blank)
21	35		18 g. Applicant 65 years of age or over .......... No Fee
22	36		19 h. (Blank)
23	37		20 i. Individual living in Veterans
24	38		21 Home or Hospital ........................... No Fee
25	39		22 j. Original card under 18 years of age.......... $5
26	40		23 k. Renewal card under 18 years of age........... $5
27	41
28	42
29	43
30		-	HB1293 Engrossed LRB103 05843 KTG 50863 b
	44	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1293 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
	45	+	15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5 from Ch. 23, par. 5005 305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33 705 ILCS 405/2-34
	46	+	15 ILCS 335/12 from Ch. 124, par. 32
	47	+	20 ILCS 505/5 from Ch. 23, par. 5005
	48	+	305 ILCS 5/5-2 from Ch. 23, par. 5-2
	49	+	705 ILCS 405/2-23 from Ch. 37, par. 802-23
	50	+	705 ILCS 405/2-31 from Ch. 37, par. 802-31
	51	+	705 ILCS 405/2-33
	52	+	705 ILCS 405/2-34
	53	+	Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
	54	+	LRB103 05843 KTG 50863 b LRB103 05843 KTG 50863 b
	55	+	LRB103 05843 KTG 50863 b
	56	+	A BILL FOR
	57	+
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	59	+
	60	+
	61	+
	62	+	15 ILCS 335/12 from Ch. 124, par. 32
	63	+	20 ILCS 505/5 from Ch. 23, par. 5005
	64	+	305 ILCS 5/5-2 from Ch. 23, par. 5-2
	65	+	705 ILCS 405/2-23 from Ch. 37, par. 802-23
	66	+	705 ILCS 405/2-31 from Ch. 37, par. 802-31
	67	+	705 ILCS 405/2-33
	68	+	705 ILCS 405/2-34
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31	83
32	84
33	85		12 a. Original card............................... $20
34	86		13 b. Renewal card................................ 20
35	87		14 c. Corrected card.............................. 10
36	88		15 d. Duplicate card.............................. 20
37	89		16 e. Certified copy with seal ................... 5
38	90		17 f. (Blank)
39	91		18 g. Applicant 65 years of age or over .......... No Fee
40	92		19 h. (Blank)
41	93		20 i. Individual living in Veterans
42	94		21 Home or Hospital ........................... No Fee
43	95		22 j. Original card under 18 years of age.......... $5
44	96		23 k. Renewal card under 18 years of age........... $5
45	97
46	98
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49	101		1 l. Corrected card under 18 years of age.........$52 m. Duplicate card under 18 years of age.........$53 n. Homeless person..............................No Fee 4 o. Duplicate card issued to an active-duty5 member of the United States Armed Forces,6 the member's spouse, or dependent7 children living with the member.............No Fee8 p. Duplicate temporary card.....................$59 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed16 person upon release on parole,17 mandatory supervised release,18 aftercare release, final19 discharge, or pardon from the20 Department of Corrections or21 Department of Juvenile Justice..............No Fee22 s. Limited-term Illinois Identification23 Card issued to a committed person24 upon release on parole, mandatory25 supervised release, aftercare26 release, final discharge, or pardon 1 l. Corrected card under 18 years of age......... $5 2 m. Duplicate card under 18 years of age......... $5 3 n. Homeless person.............................. No Fee 4 o. Duplicate card issued to an active-duty 5 member of the United States Armed Forces, 6 the member's spouse, or dependent 7 children living with the member............. No Fee 8 p. Duplicate temporary card..................... $5 9 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed 16 person upon release on parole, 17 mandatory supervised release, 18 aftercare release, final 19 discharge, or pardon from the 20 Department of Corrections or 21 Department of Juvenile Justice.............. No Fee 22 s. Limited-term Illinois Identification 23 Card issued to a committed person 24 upon release on parole, mandatory 25 supervised release, aftercare 26 release, final discharge, or pardon
50	102		1 l. Corrected card under 18 years of age......... $5
51	103		2 m. Duplicate card under 18 years of age......... $5
52	104		3 n. Homeless person.............................. No Fee
53	105		4 o. Duplicate card issued to an active-duty
54	106		5 member of the United States Armed Forces,
55	107		6 the member's spouse, or dependent
56	108		7 children living with the member............. No Fee
57	109		8 p. Duplicate temporary card..................... $5
58	110		9 q. First card issued to a youth
59	111		10 for whom the Department of Children
60	112		11 and Family Services is legally responsible
61	113		12 or a foster child upon turning the age of
62	114		13 16 years old until he or she reaches
63	115		14 the age of 23 21 years old................... No Fee
64	116		15 r. Original card issued to a committed
65	117		16 person upon release on parole,
66	118		17 mandatory supervised release,
67	119		18 aftercare release, final
68	120		19 discharge, or pardon from the
69	121		20 Department of Corrections or
70	122		21 Department of Juvenile Justice.............. No Fee
71	123		22 s. Limited-term Illinois Identification
72	124		23 Card issued to a committed person
73	125		24 upon release on parole, mandatory
74	126		25 supervised release, aftercare
75	127		26 release, final discharge, or pardon
76	128
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80	132
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82	134
83	135		1 l. Corrected card under 18 years of age......... $5
84	136		2 m. Duplicate card under 18 years of age......... $5
85	137		3 n. Homeless person.............................. No Fee
86	138		4 o. Duplicate card issued to an active-duty
87	139		5 member of the United States Armed Forces,
88	140		6 the member's spouse, or dependent
89	141		7 children living with the member............. No Fee
90	142		8 p. Duplicate temporary card..................... $5
91	143		9 q. First card issued to a youth
92	144		10 for whom the Department of Children
93	145		11 and Family Services is legally responsible
94	146		12 or a foster child upon turning the age of
95	147		13 16 years old until he or she reaches
96	148		14 the age of 23 21 years old................... No Fee
97	149		15 r. Original card issued to a committed
98	150		16 person upon release on parole,
99	151		17 mandatory supervised release,
100	152		18 aftercare release, final
101	153		19 discharge, or pardon from the
102	154		20 Department of Corrections or
103	155		21 Department of Juvenile Justice.............. No Fee
104	156		22 s. Limited-term Illinois Identification
105	157		23 Card issued to a committed person
106	158		24 upon release on parole, mandatory
107	159		25 supervised release, aftercare
108	160		26 release, final discharge, or pardon
109	161
110	162
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113	165		1 from the Department of2 Corrections or Department of3 Juvenile Justice............................No Fee4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee 1 from the Department of 2 Corrections or Department of 3 Juvenile Justice............................ No Fee 4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee
114	166		1 from the Department of
115	167		2 Corrections or Department of
116	168		3 Juvenile Justice............................ No Fee
117	169		4 t. Original card issued to a
118	170		5 person up to 14 days prior
119	171		6 to or upon conditional release
120	172		7 or absolute discharge from
121	173		8 the Department of Human Services............ No Fee
122	174		9 u. Limited-term Illinois Identification
123	175		10 Card issued to a person up to
124	176		11 14 days prior to or upon
125	177		12 conditional release or absolute discharge
126	178		13 from the Department of Human Services....... No Fee
127	179		14 All fees collected under this Act shall be paid into the
128	180		15 Road Fund of the State treasury, except that the following
129	181		16 amounts shall be paid into the General Revenue Fund: (i) 80% of
130	182		17 the fee for an original, renewal, or duplicate Illinois
131	183		18 Identification Card issued on or after January 1, 2005; and
132	184		19 (ii) 80% of the fee for a corrected Illinois Identification
133	185		20 Card issued on or after January 1, 2005.
134	186		21 An individual, who resides in a veterans home or veterans
135	187		22 hospital operated by the State or federal government, who
136	188		23 makes an application for an Illinois Identification Card to be
137	189		24 issued at no fee, must submit, along with the application, an
138	190		25 affirmation by the applicant on a form provided by the
139	191		26 Secretary of State, that such person resides in a veterans
140	192
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146	198
147	199		1 from the Department of
148	200		2 Corrections or Department of
149	201		3 Juvenile Justice............................ No Fee
150	202		4 t. Original card issued to a
151	203		5 person up to 14 days prior
152	204		6 to or upon conditional release
153	205		7 or absolute discharge from
154	206		8 the Department of Human Services............ No Fee
155	207		9 u. Limited-term Illinois Identification
156	208		10 Card issued to a person up to
157	209		11 14 days prior to or upon
158	210		12 conditional release or absolute discharge
159	211		13 from the Department of Human Services....... No Fee
160	212
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164	216		1 home or veterans hospital operated by the State or federal
165	217		2 government.
166	218		3 The application of a homeless individual for an Illinois
167	219		4 Identification Card to be issued at no fee must be accompanied
168	220		5 by an affirmation by a qualified person, as defined in Section
169	221		6 4C of this Act, on a form provided by the Secretary of State,
170	222		7 that the applicant is currently homeless as defined in Section
171	223		8 1A of this Act.
172	224		9 For the application for the first Illinois Identification
173	225		10 Card of a youth for whom the Department of Children and Family
174	226		11 Services is legally responsible or a foster child to be issued
175	227		12 at no fee, the youth must submit, along with the application,
176	228		13 an affirmation by his or her court appointed attorney or an
177	229		14 employee of the Department of Children and Family Services on
178	230		15 a form provided by the Secretary of State, that the person is a
179	231		16 youth for whom the Department of Children and Family Services
180	232		17 is legally responsible or a foster child.
181	233		18 The fee for any duplicate identification card shall be
182	234		19 waived for any person who presents the Secretary of State's
183	235		20 Office with a police report showing that his or her
184	236		21 identification card was stolen.
185	237		22 The fee for any duplicate identification card shall be
186	238		23 waived for any person age 60 or older whose identification
187	239		24 card has been lost or stolen.
188	240		25 As used in this Section, "active-duty member of the United
189	241		26 States Armed Forces" means a member of the Armed Services or
190	242
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194	246
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200	252		1 Reserve Forces of the United States or a member of the Illinois
201	253		2 National Guard who is called to active duty pursuant to an
202	254		3 executive order of the President of the United States, an act
203	255		4 of the Congress of the United States, or an order of the
204	256		5 Governor.
205	257		6 (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
206	258		7 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
207	259		8 1-1-20.)
208	260		9 Section 5. The Children and Family Services Act is amended
209	261		10 by changing Section 5 as follows:
210	262		11 (20 ILCS 505/5) (from Ch. 23, par. 5005)
211	263		12 Sec. 5. Direct child welfare services; Department of
212	264		13 Children and Family Services. To provide direct child welfare
213	265		14 services when not available through other public or private
214	266		15 child care or program facilities.
215	267		16 (a) For purposes of this Section:
216	268		17 (1) "Children" means persons found within the State
217	269		18 who are under the age of 18 years. The term also includes
218	270		19 persons under age 23 21 who:
219	271		20 (A) were committed to the Department pursuant to
220	272		21 the Juvenile Court Act or the Juvenile Court Act of
221	273		22 1987 and who continue under the jurisdiction of the
222	274		23 court; or
223	275		24 (B) were accepted for care, service and training
224	276
225	277
226	278
227	279
228	280
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234	286		1 by the Department prior to the age of 18 and whose best
235	287		2 interest in the discretion of the Department would be
236	288		3 served by continuing that care, service and training
237	289		4 because of severe emotional disturbances, physical
238	290		5 disability, social adjustment or any combination
239	291		6 thereof, or because of the need to complete an
240	292		7 educational or vocational training program.
241	293		8 (2) "Homeless youth" means persons found within the
242	294		9 State who are under the age of 19, are not in a safe and
243	295		10 stable living situation and cannot be reunited with their
244	296		11 families.
245	297		12 (3) "Child welfare services" means public social
246	298		13 services which are directed toward the accomplishment of
247	299		14 the following purposes:
248	300		15 (A) protecting and promoting the health, safety
249	301		16 and welfare of children, including homeless,
250	302		17 dependent, or neglected children;
251	303		18 (B) remedying, or assisting in the solution of
252	304		19 problems which may result in, the neglect, abuse,
253	305		20 exploitation, or delinquency of children;
254	306		21 (C) preventing the unnecessary separation of
255	307		22 children from their families by identifying family
256	308		23 problems, assisting families in resolving their
257	309		24 problems, and preventing the breakup of the family
258	310		25 where the prevention of child removal is desirable and
259	311		26 possible when the child can be cared for at home
260	312
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270	322		1 without endangering the child's health and safety;
271	323		2 (D) restoring to their families children who have
272	324		3 been removed, by the provision of services to the
273	325		4 child and the families when the child can be cared for
274	326		5 at home without endangering the child's health and
275	327		6 safety;
276	328		7 (E) placing children in suitable adoptive homes,
277	329		8 in cases where restoration to the biological family is
278	330		9 not safe, possible, or appropriate;
279	331		10 (F) assuring safe and adequate care of children
280	332		11 away from their homes, in cases where the child cannot
281	333		12 be returned home or cannot be placed for adoption. At
282	334		13 the time of placement, the Department shall consider
283	335		14 concurrent planning, as described in subsection (l-1)
284	336		15 of this Section so that permanency may occur at the
285	337		16 earliest opportunity. Consideration should be given so
286	338		17 that if reunification fails or is delayed, the
287	339		18 placement made is the best available placement to
288	340		19 provide permanency for the child;
289	341		20 (G) (blank);
290	342		21 (H) (blank); and
291	343		22 (I) placing and maintaining children in facilities
292	344		23 that provide separate living quarters for children
293	345		24 under the age of 18 and for children 18 years of age
294	346		25 and older, unless a child 18 years of age is in the
295	347		26 last year of high school education or vocational
296	348
297	349
298	350
299	351
300	352
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302		-
303		-
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306	358		1 training, in an approved individual or group treatment
307	359		2 program, in a licensed shelter facility, or secure
308	360		3 child care facility. The Department is not required to
309	361		4 place or maintain children:
310	362		5 (i) who are in a foster home, or
311	363		6 (ii) who are persons with a developmental
312	364		7 disability, as defined in the Mental Health and
313	365		8 Developmental Disabilities Code, or
314	366		9 (iii) who are female children who are
315	367		10 pregnant, pregnant and parenting, or parenting, or
316	368		11 (iv) who are siblings, in facilities that
317	369		12 provide separate living quarters for children 18
318	370		13 years of age and older and for children under 18
319	371		14 years of age.
320	372		15 (b) (Blank).
321	373		16 (c) The Department shall establish and maintain
322	374		17 tax-supported child welfare services and extend and seek to
323	375		18 improve voluntary services throughout the State, to the end
324	376		19 that services and care shall be available on an equal basis
325	377		20 throughout the State to children requiring such services.
326	378		21 (d) The Director may authorize advance disbursements for
327	379		22 any new program initiative to any agency contracting with the
328	380		23 Department. As a prerequisite for an advance disbursement, the
329	381		24 contractor must post a surety bond in the amount of the advance
330	382		25 disbursement and have a purchase of service contract approved
331	383		26 by the Department. The Department may pay up to 2 months
332	384
333	385
334	386
335	387
336	388
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338		-
339		-
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341		-	HB1293 ~~Engrossed~~ - 9 - LRB103 05843 KTG 50863 b
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342	394		1 operational expenses in advance. The amount of the advance
343	395		2 disbursement shall be prorated over the life of the contract
344	396		3 or the remaining months of the fiscal year, whichever is less,
345	397		4 and the installment amount shall then be deducted from future
346	398		5 bills. Advance disbursement authorizations for new initiatives
347	399		6 shall not be made to any agency after that agency has operated
348	400		7 during 2 consecutive fiscal years. The requirements of this
349	401		8 Section concerning advance disbursements shall not apply with
350	402		9 respect to the following: payments to local public agencies
351	403		10 for child day care services as authorized by Section 5a of this
352	404		11 Act; and youth service programs receiving grant funds under
353	405		12 Section 17a-4.
354	406		13 (e) (Blank).
355	407		14 (f) (Blank).
356	408		15 (g) The Department shall establish rules and regulations
357	409		16 concerning its operation of programs designed to meet the
358	410		17 goals of child safety and protection, family preservation,
359	411		18 family reunification, and adoption, including, but not limited
360	412		19 to:
361	413		20 (1) adoption;
362	414		21 (2) foster care;
363	415		22 (3) family counseling;
364	416		23 (4) protective services;
365	417		24 (5) (blank);
366	418		25 (6) homemaker service;
367	419		26 (7) return of runaway children;
368	420
369	421
370	422
371	423
372	424
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374		-
375		-
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378	430		1 (8) (blank);
379	431		2 (9) placement under Section 5-7 of the Juvenile Court
380	432		3 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
381	433		4 Court Act of 1987 in accordance with the federal Adoption
382	434		5 Assistance and Child Welfare Act of 1980; and
383	435		6 (10) interstate services.
384	436		7 Rules and regulations established by the Department shall
385	437		8 include provisions for training Department staff and the staff
386	438		9 of Department grantees, through contracts with other agencies
387	439		10 or resources, in screening techniques to identify substance
388	440		11 use disorders, as defined in the Substance Use Disorder Act,
389	441		12 approved by the Department of Human Services, as a successor
390	442		13 to the Department of Alcoholism and Substance Abuse, for the
391	443		14 purpose of identifying children and adults who should be
392	444		15 referred for an assessment at an organization appropriately
393	445		16 licensed by the Department of Human Services for substance use
394	446		17 disorder treatment.
395	447		18 (h) If the Department finds that there is no appropriate
396	448		19 program or facility within or available to the Department for
397	449		20 a youth in care and that no licensed private facility has an
398	450		21 adequate and appropriate program or none agrees to accept the
399	451		22 youth in care, the Department shall create an appropriate
400	452		23 individualized, program-oriented plan for such youth in care.
401	453		24 The plan may be developed within the Department or through
402	454		25 purchase of services by the Department to the extent that it is
403	455		26 within its statutory authority to do.
404	456
405	457
406	458
407	459
408	460
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410		-
411		-
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414	466		1 (i) Service programs shall be available throughout the
415	467		2 State and shall include but not be limited to the following
416	468		3 services:
417	469		4 (1) case management;
418	470		5 (2) homemakers;
419	471		6 (3) counseling;
420	472		7 (4) parent education;
421	473		8 (5) day care; and
422	474		9 (6) emergency assistance and advocacy.
423	475		10 In addition, the following services may be made available
424	476		11 to assess and meet the needs of children and families:
425	477		12 (1) comprehensive family-based services;
426	478		13 (2) assessments;
427	479		14 (3) respite care; and
428	480		15 (4) in-home health services.
429	481		16 The Department shall provide transportation for any of the
430	482		17 services it makes available to children or families or for
431	483		18 which it refers children or families.
432	484		19 (j) The Department may provide categories of financial
433	485		20 assistance and education assistance grants, and shall
434	486		21 establish rules and regulations concerning the assistance and
435	487		22 grants, to persons who adopt children with physical or mental
436	488		23 disabilities, children who are older, or other hard-to-place
437	489		24 children who (i) immediately prior to their adoption were
438	490		25 youth in care or (ii) were determined eligible for financial
439	491		26 assistance with respect to a prior adoption and who become
440	492
441	493
442	494
443	495
444	496
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446		-
447		-
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449		-	HB1293 ~~Engrossed~~ - 12 - LRB103 05843 KTG 50863 b
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450	502		1 available for adoption because the prior adoption has been
451	503		2 dissolved and the parental rights of the adoptive parents have
452	504		3 been terminated or because the child's adoptive parents have
453	505		4 died. The Department may continue to provide financial
454	506		5 assistance and education assistance grants for a child who was
455	507		6 determined eligible for financial assistance under this
456	508		7 subsection (j) in the interim period beginning when the
457	509		8 child's adoptive parents died and ending with the finalization
458	510		9 of the new adoption of the child by another adoptive parent or
459	511		10 parents. The Department may also provide categories of
460	512		11 financial assistance and education assistance grants, and
461	513		12 shall establish rules and regulations for the assistance and
462	514		13 grants, to persons appointed guardian of the person under
463	515		14 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
464	516		15 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
465	517		16 who were youth in care for 12 months immediately prior to the
466	518		17 appointment of the guardian.
467	519		18 The amount of assistance may vary, depending upon the
468	520		19 needs of the child and the adoptive parents, as set forth in
469	521		20 the annual assistance agreement. Special purpose grants are
470	522		21 allowed where the child requires special service but such
471	523		22 costs may not exceed the amounts which similar services would
472	524		23 cost the Department if it were to provide or secure them as
473	525		24 guardian of the child.
474	526		25 Any financial assistance provided under this subsection is
475	527		26 inalienable by assignment, sale, execution, attachment,
476	528
477	529
478	530
479	531
480	532
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483		-
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486	538		1 garnishment, or any other remedy for recovery or collection of
487	539		2 a judgment or debt.
488	540		3 (j-5) The Department shall not deny or delay the placement
489	541		4 of a child for adoption if an approved family is available
490	542		5 either outside of the Department region handling the case, or
491	543		6 outside of the State of Illinois.
492	544		7 (k) The Department shall accept for care and training any
493	545		8 child who has been adjudicated neglected or abused, or
494	546		9 dependent committed to it pursuant to the Juvenile Court Act
495	547		10 or the Juvenile Court Act of 1987.
496	548		11 (l) The Department shall offer family preservation
497	549		12 services, as defined in Section 8.2 of the Abused and
498	550		13 Neglected Child Reporting Act, to help families, including
499	551		14 adoptive and extended families. Family preservation services
500	552		15 shall be offered (i) to prevent the placement of children in
501	553		16 substitute care when the children can be cared for at home or
502	554		17 in the custody of the person responsible for the children's
503	555		18 welfare, (ii) to reunite children with their families, or
504	556		19 (iii) to maintain an adoptive placement. Family preservation
505	557		20 services shall only be offered when doing so will not endanger
506	558		21 the children's health or safety. With respect to children who
507	559		22 are in substitute care pursuant to the Juvenile Court Act of
508	560		23 1987, family preservation services shall not be offered if a
509	561		24 goal other than those of subdivisions (A), (B), or (B-1) of
510	562		25 subsection (2) of Section 2-28 of that Act has been set, except
511	563		26 that reunification services may be offered as provided in
512	564
513	565
514	566
515	567
516	568
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519		-
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522	574		1 paragraph (F) of subsection (2) of Section 2-28 of that Act.
523	575		2 Nothing in this paragraph shall be construed to create a
524	576		3 private right of action or claim on the part of any individual
525	577		4 or child welfare agency, except that when a child is the
526	578		5 subject of an action under Article II of the Juvenile Court Act
527	579		6 of 1987 and the child's service plan calls for services to
528	580		7 facilitate achievement of the permanency goal, the court
529	581		8 hearing the action under Article II of the Juvenile Court Act
530	582		9 of 1987 may order the Department to provide the services set
531	583		10 out in the plan, if those services are not provided with
532	584		11 reasonable promptness and if those services are available.
533	585		12 The Department shall notify the child and his family of
534	586		13 the Department's responsibility to offer and provide family
535	587		14 preservation services as identified in the service plan. The
536	588		15 child and his family shall be eligible for services as soon as
537	589		16 the report is determined to be "indicated". The Department may
538	590		17 offer services to any child or family with respect to whom a
539	591		18 report of suspected child abuse or neglect has been filed,
540	592		19 prior to concluding its investigation under Section 7.12 of
541	593		20 the Abused and Neglected Child Reporting Act. However, the
542	594		21 child's or family's willingness to accept services shall not
543	595		22 be considered in the investigation. The Department may also
544	596		23 provide services to any child or family who is the subject of
545	597		24 any report of suspected child abuse or neglect or may refer
546	598		25 such child or family to services available from other agencies
547	599		26 in the community, even if the report is determined to be
548	600
549	601
550	602
551	603
552	604
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555		-
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558	610		1 unfounded, if the conditions in the child's or family's home
559	611		2 are reasonably likely to subject the child or family to future
560	612		3 reports of suspected child abuse or neglect. Acceptance of
561	613		4 such services shall be voluntary. The Department may also
562	614		5 provide services to any child or family after completion of a
563	615		6 family assessment, as an alternative to an investigation, as
564	616		7 provided under the "differential response program" provided
565	617		8 for in subsection (a-5) of Section 7.4 of the Abused and
566	618		9 Neglected Child Reporting Act.
567	619		10 The Department may, at its discretion except for those
568	620		11 children also adjudicated neglected or dependent, accept for
569	621		12 care and training any child who has been adjudicated addicted,
570	622		13 as a truant minor in need of supervision or as a minor
571	623		14 requiring authoritative intervention, under the Juvenile Court
572	624		15 Act or the Juvenile Court Act of 1987, but no such child shall
573	625		16 be committed to the Department by any court without the
574	626		17 approval of the Department. On and after January 1, 2015 (the
575	627		18 effective date of Public Act 98-803) and before January 1,
576	628		19 2017, a minor charged with a criminal offense under the
577	629		20 Criminal Code of 1961 or the Criminal Code of 2012 or
578	630		21 adjudicated delinquent shall not be placed in the custody of
579	631		22 or committed to the Department by any court, except (i) a minor
580	632		23 less than 16 years of age committed to the Department under
581	633		24 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
582	634		25 for whom an independent basis of abuse, neglect, or dependency
583	635		26 exists, which must be defined by departmental rule, or (iii) a
584	636
585	637
586	638
587	639
588	640
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591		-
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594	646		1 minor for whom the court has granted a supplemental petition
595	647		2 to reinstate wardship pursuant to subsection (2) of Section
596	648		3 2-33 of the Juvenile Court Act of 1987. On and after January 1,
597	649		4 2017, a minor charged with a criminal offense under the
598	650		5 Criminal Code of 1961 or the Criminal Code of 2012 or
599	651		6 adjudicated delinquent shall not be placed in the custody of
600	652		7 or committed to the Department by any court, except (i) a minor
601	653		8 less than 15 years of age committed to the Department under
602	654		9 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
603	655		10 for whom an independent basis of abuse, neglect, or dependency
604	656		11 exists, which must be defined by departmental rule, or (iii) a
605	657		12 minor for whom the court has granted a supplemental petition
606	658		13 to reinstate wardship pursuant to subsection (2) of Section
607	659		14 2-33 of the Juvenile Court Act of 1987. An independent basis
608	660		15 exists when the allegations or adjudication of abuse, neglect,
609	661		16 or dependency do not arise from the same facts, incident, or
610	662		17 circumstances which give rise to a charge or adjudication of
611	663		18 delinquency. The Department shall assign a caseworker to
612	664		19 attend any hearing involving a youth in the care and custody of
613	665		20 the Department who is placed on aftercare release, including
614	666		21 hearings involving sanctions for violation of aftercare
615	667		22 release conditions and aftercare release revocation hearings.
616	668		23 As soon as is possible after August 7, 2009 (the effective
617	669		24 date of Public Act 96-134), the Department shall develop and
618	670		25 implement a special program of family preservation services to
619	671		26 support intact, foster, and adoptive families who are
620	672
621	673
622	674
623	675
624	676
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627		-
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630	682		1 experiencing extreme hardships due to the difficulty and
631	683		2 stress of caring for a child who has been diagnosed with a
632	684		3 pervasive developmental disorder if the Department determines
633	685		4 that those services are necessary to ensure the health and
634	686		5 safety of the child. The Department may offer services to any
635	687		6 family whether or not a report has been filed under the Abused
636	688		7 and Neglected Child Reporting Act. The Department may refer
637	689		8 the child or family to services available from other agencies
638	690		9 in the community if the conditions in the child's or family's
639	691		10 home are reasonably likely to subject the child or family to
640	692		11 future reports of suspected child abuse or neglect. Acceptance
641	693		12 of these services shall be voluntary. The Department shall
642	694		13 develop and implement a public information campaign to alert
643	695		14 health and social service providers and the general public
644	696		15 about these special family preservation services. The nature
645	697		16 and scope of the services offered and the number of families
646	698		17 served under the special program implemented under this
647	699		18 paragraph shall be determined by the level of funding that the
648	700		19 Department annually allocates for this purpose. The term
649	701		20 "pervasive developmental disorder" under this paragraph means
650	702		21 a neurological condition, including, but not limited to,
651	703		22 Asperger's Syndrome and autism, as defined in the most recent
652	704		23 edition of the Diagnostic and Statistical Manual of Mental
653	705		24 Disorders of the American Psychiatric Association.
654	706		25 (l-1) The legislature recognizes that the best interests
655	707		26 of the child require that the child be placed in the most
656	708
657	709
658	710
659	711
660	712
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662		-
663		-
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666	718		1 permanent living arrangement as soon as is practically
667	719		2 possible. To achieve this goal, the legislature directs the
668	720		3 Department of Children and Family Services to conduct
669	721		4 concurrent planning so that permanency may occur at the
670	722		5 earliest opportunity. Permanent living arrangements may
671	723		6 include prevention of placement of a child outside the home of
672	724		7 the family when the child can be cared for at home without
673	725		8 endangering the child's health or safety; reunification with
674	726		9 the family, when safe and appropriate, if temporary placement
675	727		10 is necessary; or movement of the child toward the most
676	728		11 permanent living arrangement and permanent legal status.
677	729		12 When determining reasonable efforts to be made with
678	730		13 respect to a child, as described in this subsection, and in
679	731		14 making such reasonable efforts, the child's health and safety
680	732		15 shall be the paramount concern.
681	733		16 When a child is placed in foster care, the Department
682	734		17 shall ensure and document that reasonable efforts were made to
683	735		18 prevent or eliminate the need to remove the child from the
684	736		19 child's home. The Department must make reasonable efforts to
685	737		20 reunify the family when temporary placement of the child
686	738		21 occurs unless otherwise required, pursuant to the Juvenile
687	739		22 Court Act of 1987. At any time after the dispositional hearing
688	740		23 where the Department believes that further reunification
689	741		24 services would be ineffective, it may request a finding from
690	742		25 the court that reasonable efforts are no longer appropriate.
691	743		26 The Department is not required to provide further
692	744
693	745
694	746
695	747
696	748
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698		-
699		-
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701		-	HB1293 ~~Engrossed~~ - 19 - LRB103 05843 KTG 50863 b
	749	+	HB1293 - 18 - LRB103 05843 KTG 50863 b
	750	+
	751	+
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	753	+	HB1293 - 19 - LRB103 05843 KTG 50863 b
702	754		1 reunification services after such a finding.
703	755		2 A decision to place a child in substitute care shall be
704	756		3 made with considerations of the child's health, safety, and
705	757		4 best interests. At the time of placement, consideration should
706	758		5 also be given so that if reunification fails or is delayed, the
707	759		6 placement made is the best available placement to provide
708	760		7 permanency for the child.
709	761		8 The Department shall adopt rules addressing concurrent
710	762		9 planning for reunification and permanency. The Department
711	763		10 shall consider the following factors when determining
712	764		11 appropriateness of concurrent planning:
713	765		12 (1) the likelihood of prompt reunification;
714	766		13 (2) the past history of the family;
715	767		14 (3) the barriers to reunification being addressed by
716	768		15 the family;
717	769		16 (4) the level of cooperation of the family;
718	770		17 (5) the foster parents' willingness to work with the
719	771		18 family to reunite;
720	772		19 (6) the willingness and ability of the foster family
721	773		20 to provide an adoptive home or long-term placement;
722	774		21 (7) the age of the child;
723	775		22 (8) placement of siblings.
724	776		23 (m) The Department may assume temporary custody of any
725	777		24 child if:
726	778		25 (1) it has received a written consent to such
727	779		26 temporary custody signed by the parents of the child or by
728	780
729	781
730	782
731	783
732	784
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734		-
735		-
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737		-	HB1293 ~~Engrossed~~ - 20 - LRB103 05843 KTG 50863 b
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	786	+
	787	+
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	789	+	HB1293 - 20 - LRB103 05843 KTG 50863 b
738	790		1 the parent having custody of the child if the parents are
739	791		2 not living together or by the guardian or custodian of the
740	792		3 child if the child is not in the custody of either parent,
741	793		4 or
742	794		5 (2) the child is found in the State and neither a
743	795		6 parent, guardian nor custodian of the child can be
744	796		7 located.
745	797		8 If the child is found in his or her residence without a parent,
746	798		9 guardian, custodian, or responsible caretaker, the Department
747	799		10 may, instead of removing the child and assuming temporary
748	800		11 custody, place an authorized representative of the Department
749	801		12 in that residence until such time as a parent, guardian, or
750	802		13 custodian enters the home and expresses a willingness and
751	803		14 apparent ability to ensure the child's health and safety and
752	804		15 resume permanent charge of the child, or until a relative
753	805		16 enters the home and is willing and able to ensure the child's
754	806		17 health and safety and assume charge of the child until a
755	807		18 parent, guardian, or custodian enters the home and expresses
756	808		19 such willingness and ability to ensure the child's safety and
757	809		20 resume permanent charge. After a caretaker has remained in the
758	810		21 home for a period not to exceed 12 hours, the Department must
759	811		22 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
760	812		23 5-415 of the Juvenile Court Act of 1987.
761	813		24 The Department shall have the authority, responsibilities
762	814		25 and duties that a legal custodian of the child would have
763	815		26 pursuant to subsection (9) of Section 1-3 of the Juvenile
764	816
765	817
766	818
767	819
768	820
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770		-
771		-
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773		-	HB1293 ~~Engrossed~~ - 21 - LRB103 05843 KTG 50863 b
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	822	+
	823	+
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	825	+	HB1293 - 21 - LRB103 05843 KTG 50863 b
774	826		1 Court Act of 1987. Whenever a child is taken into temporary
775	827		2 custody pursuant to an investigation under the Abused and
776	828		3 Neglected Child Reporting Act, or pursuant to a referral and
777	829		4 acceptance under the Juvenile Court Act of 1987 of a minor in
778	830		5 limited custody, the Department, during the period of
779	831		6 temporary custody and before the child is brought before a
780	832		7 judicial officer as required by Section 2-9, 3-11, 4-8, or
781	833		8 5-415 of the Juvenile Court Act of 1987, shall have the
782	834		9 authority, responsibilities and duties that a legal custodian
783	835		10 of the child would have under subsection (9) of Section 1-3 of
784	836		11 the Juvenile Court Act of 1987.
785	837		12 The Department shall ensure that any child taken into
786	838		13 custody is scheduled for an appointment for a medical
787	839		14 examination.
788	840		15 A parent, guardian, or custodian of a child in the
789	841		16 temporary custody of the Department who would have custody of
790	842		17 the child if he were not in the temporary custody of the
791	843		18 Department may deliver to the Department a signed request that
792	844		19 the Department surrender the temporary custody of the child.
793	845		20 The Department may retain temporary custody of the child for
794	846		21 10 days after the receipt of the request, during which period
795	847		22 the Department may cause to be filed a petition pursuant to the
796	848		23 Juvenile Court Act of 1987. If a petition is so filed, the
797	849		24 Department shall retain temporary custody of the child until
798	850		25 the court orders otherwise. If a petition is not filed within
799	851		26 the 10-day period, the child shall be surrendered to the
800	852
801	853
802	854
803	855
804	856
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806		-
807		-
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809		-	HB1293 ~~Engrossed~~ - 22 - LRB103 05843 KTG 50863 b
	857	+	HB1293 - 21 - LRB103 05843 KTG 50863 b
	858	+
	859	+
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	861	+	HB1293 - 22 - LRB103 05843 KTG 50863 b
810	862		1 custody of the requesting parent, guardian, or custodian not
811	863		2 later than the expiration of the 10-day period, at which time
812	864		3 the authority and duties of the Department with respect to the
813	865		4 temporary custody of the child shall terminate.
814	866		5 (m-1) The Department may place children under 18 years of
815	867		6 age in a secure child care facility licensed by the Department
816	868		7 that cares for children who are in need of secure living
817	869		8 arrangements for their health, safety, and well-being after a
818	870		9 determination is made by the facility director and the
819	871		10 Director or the Director's designate prior to admission to the
820	872		11 facility subject to Section 2-27.1 of the Juvenile Court Act
821	873		12 of 1987. This subsection (m-1) does not apply to a child who is
822	874		13 subject to placement in a correctional facility operated
823	875		14 pursuant to Section 3-15-2 of the Unified Code of Corrections,
824	876		15 unless the child is a youth in care who was placed in the care
825	877		16 of the Department before being subject to placement in a
826	878		17 correctional facility and a court of competent jurisdiction
827	879		18 has ordered placement of the child in a secure care facility.
828	880		19 (n) The Department may place children under 18 years of
829	881		20 age in licensed child care facilities when in the opinion of
830	882		21 the Department, appropriate services aimed at family
831	883		22 preservation have been unsuccessful and cannot ensure the
832	884		23 child's health and safety or are unavailable and such
833	885		24 placement would be for their best interest. Payment for board,
834	886		25 clothing, care, training and supervision of any child placed
835	887		26 in a licensed child care facility may be made by the
836	888
837	889
838	890
839	891
840	892
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842		-
843		-
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845		-	HB1293 ~~Engrossed~~ - 23 - LRB103 05843 KTG 50863 b
	893	+	HB1293 - 22 - LRB103 05843 KTG 50863 b
	894	+
	895	+
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	897	+	HB1293 - 23 - LRB103 05843 KTG 50863 b
846	898		1 Department, by the parents or guardians of the estates of
847	899		2 those children, or by both the Department and the parents or
848	900		3 guardians, except that no payments shall be made by the
849	901		4 Department for any child placed in a licensed child care
850	902		5 facility for board, clothing, care, training and supervision
851	903		6 of such a child that exceed the average per capita cost of
852	904		7 maintaining and of caring for a child in institutions for
853	905		8 dependent or neglected children operated by the Department.
854	906		9 However, such restriction on payments does not apply in cases
855	907		10 where children require specialized care and treatment for
856	908		11 problems of severe emotional disturbance, physical disability,
857	909		12 social adjustment, or any combination thereof and suitable
858	910		13 facilities for the placement of such children are not
859	911		14 available at payment rates within the limitations set forth in
860	912		15 this Section. All reimbursements for services delivered shall
861	913		16 be absolutely inalienable by assignment, sale, attachment, or
862	914		17 garnishment or otherwise.
863	915		18 (n-1) The Department shall provide or authorize child
864	916		19 welfare services, aimed at assisting minors to achieve
865	917		20 sustainable self-sufficiency as independent adults, for any
866	918		21 minor eligible for the reinstatement of wardship pursuant to
867	919		22 subsection (2) of Section 2-33 of the Juvenile Court Act of
868	920		23 1987, whether or not such reinstatement is sought or allowed,
869	921		24 provided that the minor consents to such services and has not
870	922		25 yet attained the age of 23 21. The Department shall have
871	923		26 responsibility for the development and delivery of services
872	924
873	925
874	926
875	927
876	928
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878		-
879		-
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881		-	HB1293 ~~Engrossed~~ - 24 - LRB103 05843 KTG 50863 b
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	930	+
	931	+
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882	934		1 under this Section. An eligible youth may access services
883	935		2 under this Section through the Department of Children and
884	936		3 Family Services or by referral from the Department of Human
885	937		4 Services. Youth participating in services under this Section
886	938		5 shall cooperate with the assigned case manager in developing
887	939		6 an agreement identifying the services to be provided and how
888	940		7 the youth will increase skills to achieve self-sufficiency. A
889	941		8 homeless shelter is not considered appropriate housing for any
890	942		9 youth receiving child welfare services under this Section. The
891	943		10 Department shall continue child welfare services under this
892	944		11 Section to any eligible minor until the minor becomes 23 21
893	945		12 years of age, no longer consents to participate, or achieves
894	946		13 self-sufficiency as identified in the minor's service plan.
895	947		14 The Department of Children and Family Services shall create
896	948		15 clear, readable notice of the rights of former foster youth to
897	949		16 child welfare services under this Section and how such
898	950		17 services may be obtained. The Department of Children and
899	951		18 Family Services and the Department of Human Services shall
900	952		19 disseminate this information statewide. The Department shall
901	953		20 adopt regulations describing services intended to assist
902	954		21 minors in achieving sustainable self-sufficiency as
903	955		22 independent adults.
904	956		23 (o) The Department shall establish an administrative
905	957		24 review and appeal process for children and families who
906	958		25 request or receive child welfare services from the Department.
907	959		26 Youth in care who are placed by private child welfare
908	960
909	961
910	962
911	963
912	964
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914		-
915		-
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917		-	HB1293 ~~Engrossed~~ - 25 - LRB103 05843 KTG 50863 b
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	966	+
	967	+
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918	970		1 agencies, and foster families with whom those youth are
919	971		2 placed, shall be afforded the same procedural and appeal
920	972		3 rights as children and families in the case of placement by the
921	973		4 Department, including the right to an initial review of a
922	974		5 private agency decision by that agency. The Department shall
923	975		6 ensure that any private child welfare agency, which accepts
924	976		7 youth in care for placement, affords those rights to children
925	977		8 and foster families. The Department shall accept for
926	978		9 administrative review and an appeal hearing a complaint made
927	979		10 by (i) a child or foster family concerning a decision
928	980		11 following an initial review by a private child welfare agency
929	981		12 or (ii) a prospective adoptive parent who alleges a violation
930	982		13 of subsection (j-5) of this Section. An appeal of a decision
931	983		14 concerning a change in the placement of a child shall be
932	984		15 conducted in an expedited manner. A court determination that a
933	985		16 current foster home placement is necessary and appropriate
934	986		17 under Section 2-28 of the Juvenile Court Act of 1987 does not
935	987		18 constitute a judicial determination on the merits of an
936	988		19 administrative appeal, filed by a former foster parent,
937	989		20 involving a change of placement decision.
938	990		21 (p) (Blank).
939	991		22 (q) The Department may receive and use, in their entirety,
940	992		23 for the benefit of children any gift, donation, or bequest of
941	993		24 money or other property which is received on behalf of such
942	994		25 children, or any financial benefits to which such children are
943	995		26 or may become entitled while under the jurisdiction or care of
944	996
945	997
946	998
947	999
948	1000
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950		-
951		-
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953		-	HB1293 ~~Engrossed~~ - 26 - LRB103 05843 KTG 50863 b
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	1002	+
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954	1006		1 the Department, except that the benefits described in Section
955	1007		2 5.46 must be used and conserved consistent with the provisions
956	1008		3 under Section 5.46.
957	1009		4 The Department shall set up and administer no-cost,
958	1010		5 interest-bearing accounts in appropriate financial
959	1011		6 institutions for children for whom the Department is legally
960	1012		7 responsible and who have been determined eligible for
961	1013		8 Veterans' Benefits, Social Security benefits, assistance
962	1014		9 allotments from the armed forces, court ordered payments,
963	1015		10 parental voluntary payments, Supplemental Security Income,
964	1016		11 Railroad Retirement payments, Black Lung benefits, or other
965	1017		12 miscellaneous payments. Interest earned by each account shall
966	1018		13 be credited to the account, unless disbursed in accordance
967	1019		14 with this subsection.
968	1020		15 In disbursing funds from children's accounts, the
969	1021		16 Department shall:
970	1022		17 (1) Establish standards in accordance with State and
971	1023		18 federal laws for disbursing money from children's
972	1024		19 accounts. In all circumstances, the Department's
973	1025		20 "Guardianship Administrator" or his or her designee must
974	1026		21 approve disbursements from children's accounts. The
975	1027		22 Department shall be responsible for keeping complete
976	1028		23 records of all disbursements for each account for any
977	1029		24 purpose.
978	1030		25 (2) Calculate on a monthly basis the amounts paid from
979	1031		26 State funds for the child's board and care, medical care
980	1032
981	1033
982	1034
983	1035
984	1036
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986		-
987		-
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989		-	HB1293 ~~Engrossed~~ - 27 - LRB103 05843 KTG 50863 b
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	1038	+
	1039	+
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990	1042		1 not covered under Medicaid, and social services; and
991	1043		2 utilize funds from the child's account, as covered by
992	1044		3 regulation, to reimburse those costs. Monthly,
993	1045		4 disbursements from all children's accounts, up to 1/12 of
994	1046		5 $13,000,000, shall be deposited by the Department into the
995	1047		6 General Revenue Fund and the balance over 1/12 of
996	1048		7 $13,000,000 into the DCFS Children's Services Fund.
997	1049		8 (3) Maintain any balance remaining after reimbursing
998	1050		9 for the child's costs of care, as specified in item (2).
999	1051		10 The balance shall accumulate in accordance with relevant
1000	1052		11 State and federal laws and shall be disbursed to the child
1001	1053		12 or his or her guardian, or to the issuing agency.
1002	1054		13 (r) The Department shall promulgate regulations
1003	1055		14 encouraging all adoption agencies to voluntarily forward to
1004	1056		15 the Department or its agent names and addresses of all persons
1005	1057		16 who have applied for and have been approved for adoption of a
1006	1058		17 hard-to-place child or child with a disability and the names
1007	1059		18 of such children who have not been placed for adoption. A list
1008	1060		19 of such names and addresses shall be maintained by the
1009	1061		20 Department or its agent, and coded lists which maintain the
1010	1062		21 confidentiality of the person seeking to adopt the child and
1011	1063		22 of the child shall be made available, without charge, to every
1012	1064		23 adoption agency in the State to assist the agencies in placing
1013	1065		24 such children for adoption. The Department may delegate to an
1014	1066		25 agent its duty to maintain and make available such lists. The
1015	1067		26 Department shall ensure that such agent maintains the
1016	1068
1017	1069
1018	1070
1019	1071
1020	1072
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1022		-
1023		-
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1025		-	HB1293 ~~Engrossed~~ - 28 - LRB103 05843 KTG 50863 b
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	1074	+
	1075	+
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1026	1078		1 confidentiality of the person seeking to adopt the child and
1027	1079		2 of the child.
1028	1080		3 (s) The Department of Children and Family Services may
1029	1081		4 establish and implement a program to reimburse Department and
1030	1082		5 private child welfare agency foster parents licensed by the
1031	1083		6 Department of Children and Family Services for damages
1032	1084		7 sustained by the foster parents as a result of the malicious or
1033	1085		8 negligent acts of foster children, as well as providing third
1034	1086		9 party coverage for such foster parents with regard to actions
1035	1087		10 of foster children to other individuals. Such coverage will be
1036	1088		11 secondary to the foster parent liability insurance policy, if
1037	1089		12 applicable. The program shall be funded through appropriations
1038	1090		13 from the General Revenue Fund, specifically designated for
1039	1091		14 such purposes.
1040	1092		15 (t) The Department shall perform home studies and
1041	1093		16 investigations and shall exercise supervision over visitation
1042	1094		17 as ordered by a court pursuant to the Illinois Marriage and
1043	1095		18 Dissolution of Marriage Act or the Adoption Act only if:
1044	1096		19 (1) an order entered by an Illinois court specifically
1045	1097		20 directs the Department to perform such services; and
1046	1098		21 (2) the court has ordered one or both of the parties to
1047	1099		22 the proceeding to reimburse the Department for its
1048	1100		23 reasonable costs for providing such services in accordance
1049	1101		24 with Department rules, or has determined that neither
1050	1102		25 party is financially able to pay.
1051	1103		26 The Department shall provide written notification to the
1052	1104
1053	1105
1054	1106
1055	1107
1056	1108
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1058		-
1059		-
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	1110	+
	1111	+
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1062	1114		1 court of the specific arrangements for supervised visitation
1063	1115		2 and projected monthly costs within 60 days of the court order.
1064	1116		3 The Department shall send to the court information related to
1065	1117		4 the costs incurred except in cases where the court has
1066	1118		5 determined the parties are financially unable to pay. The
1067	1119		6 court may order additional periodic reports as appropriate.
1068	1120		7 (u) In addition to other information that must be
1069	1121		8 provided, whenever the Department places a child with a
1070	1122		9 prospective adoptive parent or parents, in a licensed foster
1071	1123		10 home, group home, or child care institution, or in a relative
1072	1124		11 home, the Department shall provide to the prospective adoptive
1073	1125		12 parent or parents or other caretaker:
1074	1126		13 (1) available detailed information concerning the
1075	1127		14 child's educational and health history, copies of
1076	1128		15 immunization records (including insurance and medical card
1077	1129		16 information), a history of the child's previous
1078	1130		17 placements, if any, and reasons for placement changes
1079	1131		18 excluding any information that identifies or reveals the
1080	1132		19 location of any previous caretaker;
1081	1133		20 (2) a copy of the child's portion of the client
1082	1134		21 service plan, including any visitation arrangement, and
1083	1135		22 all amendments or revisions to it as related to the child;
1084	1136		23 and
1085	1137		24 (3) information containing details of the child's
1086	1138		25 individualized educational plan when the child is
1087	1139		26 receiving special education services.
1088	1140
1089	1141
1090	1142
1091	1143
1092	1144
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1094		-
1095		-
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1098	1150		1 The caretaker shall be informed of any known social or
1099	1151		2 behavioral information (including, but not limited to,
1100	1152		3 criminal background, fire setting, perpetuation of sexual
1101	1153		4 abuse, destructive behavior, and substance abuse) necessary to
1102	1154		5 care for and safeguard the children to be placed or currently
1103	1155		6 in the home. The Department may prepare a written summary of
1104	1156		7 the information required by this paragraph, which may be
1105	1157		8 provided to the foster or prospective adoptive parent in
1106	1158		9 advance of a placement. The foster or prospective adoptive
1107	1159		10 parent may review the supporting documents in the child's file
1108	1160		11 in the presence of casework staff. In the case of an emergency
1109	1161		12 placement, casework staff shall at least provide known
1110	1162		13 information verbally, if necessary, and must subsequently
1111	1163		14 provide the information in writing as required by this
1112	1164		15 subsection.
1113	1165		16 The information described in this subsection shall be
1114	1166		17 provided in writing. In the case of emergency placements when
1115	1167		18 time does not allow prior review, preparation, and collection
1116	1168		19 of written information, the Department shall provide such
1117	1169		20 information as it becomes available. Within 10 business days
1118	1170		21 after placement, the Department shall obtain from the
1119	1171		22 prospective adoptive parent or parents or other caretaker a
1120	1172		23 signed verification of receipt of the information provided.
1121	1173		24 Within 10 business days after placement, the Department shall
1122	1174		25 provide to the child's guardian ad litem a copy of the
1123	1175		26 information provided to the prospective adoptive parent or
1124	1176
1125	1177
1126	1178
1127	1179
1128	1180
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1131		-
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1134	1186		1 parents or other caretaker. The information provided to the
1135	1187		2 prospective adoptive parent or parents or other caretaker
1136	1188		3 shall be reviewed and approved regarding accuracy at the
1137	1189		4 supervisory level.
1138	1190		5 (u-5) Effective July 1, 1995, only foster care placements
1139	1191		6 licensed as foster family homes pursuant to the Child Care Act
1140	1192		7 of 1969 shall be eligible to receive foster care payments from
1141	1193		8 the Department. Relative caregivers who, as of July 1, 1995,
1142	1194		9 were approved pursuant to approved relative placement rules
1143	1195		10 previously promulgated by the Department at 89 Ill. Adm. Code
1144	1196		11 335 and had submitted an application for licensure as a foster
1145	1197		12 family home may continue to receive foster care payments only
1146	1198		13 until the Department determines that they may be licensed as a
1147	1199		14 foster family home or that their application for licensure is
1148	1200		15 denied or until September 30, 1995, whichever occurs first.
1149	1201		16 (v) The Department shall access criminal history record
1150	1202		17 information as defined in the Illinois Uniform Conviction
1151	1203		18 Information Act and information maintained in the adjudicatory
1152	1204		19 and dispositional record system as defined in Section 2605-355
1153	1205		20 of the Illinois State Police Law if the Department determines
1154	1206		21 the information is necessary to perform its duties under the
1155	1207		22 Abused and Neglected Child Reporting Act, the Child Care Act
1156	1208		23 of 1969, and the Children and Family Services Act. The
1157	1209		24 Department shall provide for interactive computerized
1158	1210		25 communication and processing equipment that permits direct
1159	1211		26 on-line communication with the Illinois State Police's central
1160	1212
1161	1213
1162	1214
1163	1215
1164	1216
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1167		-
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1170	1222		1 criminal history data repository. The Department shall comply
1171	1223		2 with all certification requirements and provide certified
1172	1224		3 operators who have been trained by personnel from the Illinois
1173	1225		4 State Police. In addition, one Office of the Inspector General
1174	1226		5 investigator shall have training in the use of the criminal
1175	1227		6 history information access system and have access to the
1176	1228		7 terminal. The Department of Children and Family Services and
1177	1229		8 its employees shall abide by rules and regulations established
1178	1230		9 by the Illinois State Police relating to the access and
1179	1231		10 dissemination of this information.
1180	1232		11 (v-1) Prior to final approval for placement of a child,
1181	1233		12 the Department shall conduct a criminal records background
1182	1234		13 check of the prospective foster or adoptive parent, including
1183	1235		14 fingerprint-based checks of national crime information
1184	1236		15 databases. Final approval for placement shall not be granted
1185	1237		16 if the record check reveals a felony conviction for child
1186	1238		17 abuse or neglect, for spousal abuse, for a crime against
1187	1239		18 children, or for a crime involving violence, including rape,
1188	1240		19 sexual assault, or homicide, but not including other physical
1189	1241		20 assault or battery, or if there is a felony conviction for
1190	1242		21 physical assault, battery, or a drug-related offense committed
1191	1243		22 within the past 5 years.
1192	1244		23 (v-2) Prior to final approval for placement of a child,
1193	1245		24 the Department shall check its child abuse and neglect
1194	1246		25 registry for information concerning prospective foster and
1195	1247		26 adoptive parents, and any adult living in the home. If any
1196	1248
1197	1249
1198	1250
1199	1251
1200	1252
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1203		-
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1206	1258		1 prospective foster or adoptive parent or other adult living in
1207	1259		2 the home has resided in another state in the preceding 5 years,
1208	1260		3 the Department shall request a check of that other state's
1209	1261		4 child abuse and neglect registry.
1210	1262		5 (w) Within 120 days of August 20, 1995 (the effective date
1211	1263		6 of Public Act 89-392), the Department shall prepare and submit
1212	1264		7 to the Governor and the General Assembly, a written plan for
1213	1265		8 the development of in-state licensed secure child care
1214	1266		9 facilities that care for children who are in need of secure
1215	1267		10 living arrangements for their health, safety, and well-being.
1216	1268		11 For purposes of this subsection, secure care facility shall
1217	1269		12 mean a facility that is designed and operated to ensure that
1218	1270		13 all entrances and exits from the facility, a building or a
1219	1271		14 distinct part of the building, are under the exclusive control
1220	1272		15 of the staff of the facility, whether or not the child has the
1221	1273		16 freedom of movement within the perimeter of the facility,
1222	1274		17 building, or distinct part of the building. The plan shall
1223	1275		18 include descriptions of the types of facilities that are
1224	1276		19 needed in Illinois; the cost of developing these secure care
1225	1277		20 facilities; the estimated number of placements; the potential
1226	1278		21 cost savings resulting from the movement of children currently
1227	1279		22 out-of-state who are projected to be returned to Illinois; the
1228	1280		23 necessary geographic distribution of these facilities in
1229	1281		24 Illinois; and a proposed timetable for development of such
1230	1282		25 facilities.
1231	1283		26 (x) The Department shall conduct annual credit history
1232	1284
1233	1285
1234	1286
1235	1287
1236	1288
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1239		-
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1242	1294		1 checks to determine the financial history of children placed
1243	1295		2 under its guardianship pursuant to the Juvenile Court Act of
1244	1296		3 1987. The Department shall conduct such credit checks starting
1245	1297		4 when a youth in care turns 12 years old and each year
1246	1298		5 thereafter for the duration of the guardianship as terminated
1247	1299		6 pursuant to the Juvenile Court Act of 1987. The Department
1248	1300		7 shall determine if financial exploitation of the child's
1249	1301		8 personal information has occurred. If financial exploitation
1250	1302		9 appears to have taken place or is presently ongoing, the
1251	1303		10 Department shall notify the proper law enforcement agency, the
1252	1304		11 proper State's Attorney, or the Attorney General.
1253	1305		12 (y) Beginning on July 22, 2010 (the effective date of
1254	1306		13 Public Act 96-1189), a child with a disability who receives
1255	1307		14 residential and educational services from the Department shall
1256	1308		15 be eligible to receive transition services in accordance with
1257	1309		16 Article 14 of the School Code from the age of 14.5 through age
1258	1310		17 21, inclusive, notwithstanding the child's residential
1259	1311		18 services arrangement. For purposes of this subsection, "child
1260	1312		19 with a disability" means a child with a disability as defined
1261	1313		20 by the federal Individuals with Disabilities Education
1262	1314		21 Improvement Act of 2004.
1263	1315		22 (z) The Department shall access criminal history record
1264	1316		23 information as defined as "background information" in this
1265	1317		24 subsection and criminal history record information as defined
1266	1318		25 in the Illinois Uniform Conviction Information Act for each
1267	1319		26 Department employee or Department applicant. Each Department
1268	1320
1269	1321
1270	1322
1271	1323
1272	1324
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1275		-
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1278	1330		1 employee or Department applicant shall submit his or her
1279	1331		2 fingerprints to the Illinois State Police in the form and
1280	1332		3 manner prescribed by the Illinois State Police. These
1281	1333		4 fingerprints shall be checked against the fingerprint records
1282	1334		5 now and hereafter filed in the Illinois State Police and the
1283	1335		6 Federal Bureau of Investigation criminal history records
1284	1336		7 databases. The Illinois State Police shall charge a fee for
1285	1337		8 conducting the criminal history record check, which shall be
1286	1338		9 deposited into the State Police Services Fund and shall not
1287	1339		10 exceed the actual cost of the record check. The Illinois State
1288	1340		11 Police shall furnish, pursuant to positive identification, all
1289	1341		12 Illinois conviction information to the Department of Children
1290	1342		13 and Family Services.
1291	1343		14 For purposes of this subsection:
1292	1344		15 "Background information" means all of the following:
1293	1345		16 (i) Upon the request of the Department of Children and
1294	1346		17 Family Services, conviction information obtained from the
1295	1347		18 Illinois State Police as a result of a fingerprint-based
1296	1348		19 criminal history records check of the Illinois criminal
1297	1349		20 history records database and the Federal Bureau of
1298	1350		21 Investigation criminal history records database concerning
1299	1351		22 a Department employee or Department applicant.
1300	1352		23 (ii) Information obtained by the Department of
1301	1353		24 Children and Family Services after performing a check of
1302	1354		25 the Illinois State Police's Sex Offender Database, as
1303	1355		26 authorized by Section 120 of the Sex Offender Community
1304	1356
1305	1357
1306	1358
1307	1359
1308	1360
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1314	1366		1 Notification Law, concerning a Department employee or
1315	1367		2 Department applicant.
1316	1368		3 (iii) Information obtained by the Department of
1317	1369		4 Children and Family Services after performing a check of
1318	1370		5 the Child Abuse and Neglect Tracking System (CANTS)
1319	1371		6 operated and maintained by the Department.
1320	1372		7 "Department employee" means a full-time or temporary
1321	1373		8 employee coded or certified within the State of Illinois
1322	1374		9 Personnel System.
1323	1375		10 "Department applicant" means an individual who has
1324	1376		11 conditional Department full-time or part-time work, a
1325	1377		12 contractor, an individual used to replace or supplement staff,
1326	1378		13 an academic intern, a volunteer in Department offices or on
1327	1379		14 Department contracts, a work-study student, an individual or
1328	1380		15 entity licensed by the Department, or an unlicensed service
1329	1381		16 provider who works as a condition of a contract or an agreement
1330	1382		17 and whose work may bring the unlicensed service provider into
1331	1383		18 contact with Department clients or client records.
1332	1384		19 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
1333	1385		20 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
1334	1386		21 8-20-21; 102-1014, eff. 5-27-22.)
1335		-	22 Section 15. The Juvenile Court Act of 1987 is amended by
1336		-	23 changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
1337		-	24 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
1338		-
1339		-
1340		-
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1348		-	1 Sec. 2-23. Kinds of dispositional orders.
1349		-	2 (1) The following kinds of orders of disposition may be
1350		-	3 made in respect of wards of the court:
1351		-	4 (a) A minor found to be neglected or abused under
1352		-	5 Section 2-3 or dependent under Section 2-4 may be (1)
1353		-	6 continued in the custody of his or her parents, guardian
1354		-	7 or legal custodian; (2) placed in accordance with Section
1355		-	8 2-27; (3) restored to the custody of the parent, parents,
1356		-	9 guardian, or legal custodian, provided the court shall
1357		-	10 order the parent, parents, guardian, or legal custodian to
1358		-	11 cooperate with the Department of Children and Family
1359		-	12 Services and comply with the terms of an after-care plan
1360		-	13 or risk the loss of custody of the child and the possible
1361		-	14 termination of their parental rights; or (4) ordered
1362		-	15 partially or completely emancipated in accordance with the
1363		-	16 provisions of the Emancipation of Minors Act.
1364		-	17 If the minor is being restored to the custody of a
1365		-	18 parent, legal custodian, or guardian who lives outside of
1366		-	19 Illinois, and an Interstate Compact has been requested and
1367		-	20 refused, the court may order the Department of Children
1368		-	21 and Family Services to arrange for an assessment of the
1369		-	22 minor's proposed living arrangement and for ongoing
1370		-	23 monitoring of the health, safety, and best interest of the
1371		-	24 minor and compliance with any order of protective
1372		-	25 supervision entered in accordance with Section 2-24.
1373		-	26 However, in any case in which a minor is found by the
1374		-
1375		-
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1384		-	1 court to be neglected or abused under Section 2-3 of this
1385		-	2 Act, custody of the minor shall not be restored to any
1386		-	3 parent, guardian or legal custodian whose acts or
1387		-	4 omissions or both have been identified, pursuant to
1388		-	5 subsection (1) of Section 2-21, as forming the basis for
1389		-	6 the court's finding of abuse or neglect, until such time
1390		-	7 as a hearing is held on the issue of the best interests of
1391		-	8 the minor and the fitness of such parent, guardian or
1392		-	9 legal custodian to care for the minor without endangering
1393		-	10 the minor's health or safety, and the court enters an
1394		-	11 order that such parent, guardian or legal custodian is fit
1395		-	12 to care for the minor.
1396		-	13 (b) A minor found to be dependent under Section 2-4
1397		-	14 may be (1) placed in accordance with Section 2-27 or (2)
1398		-	15 ordered partially or completely emancipated in accordance
1399		-	16 with the provisions of the Emancipation of Minors Act.
1400		-	17 However, in any case in which a minor is found by the
1401		-	18 court to be dependent under Section 2-4 of this Act,
1402		-	19 custody of the minor shall not be restored to any parent,
1403		-	20 guardian or legal custodian whose acts or omissions or
1404		-	21 both have been identified, pursuant to subsection (1) of
1405		-	22 Section 2-21, as forming the basis for the court's finding
1406		-	23 of dependency, until such time as a hearing is held on the
1407		-	24 issue of the fitness of such parent, guardian or legal
1408		-	25 custodian to care for the minor without endangering the
1409		-	26 minor's health or safety, and the court enters an order
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1411		-
1412		-
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1420		-	1 that such parent, guardian or legal custodian is fit to
1421		-	2 care for the minor.
1422		-	3 (b-1) A minor between the ages of 18 and 23 21 may be
1423		-	4 placed pursuant to Section 2-27 of this Act if (1) the
1424		-	5 court has granted a supplemental petition to reinstate
1425		-	6 wardship of the minor pursuant to subsection (2) of
1426		-	7 Section 2-33, (2) the court has adjudicated the minor a
1427		-	8 ward of the court, permitted the minor to return home
1428		-	9 under an order of protection, and subsequently made a
1429		-	10 finding that it is in the minor's best interest to vacate
1430		-	11 the order of protection and commit the minor to the
1431		-	12 Department of Children and Family Services for care and
1432		-	13 service, or (3) the court returned the minor to the
1433		-	14 custody of the respondent under Section 2-4b of this Act
1434		-	15 without terminating the proceedings under Section 2-31 of
1435		-	16 this Act, and subsequently made a finding that it is in the
1436		-	17 minor's best interest to commit the minor to the
1437		-	18 Department of Children and Family Services for care and
1438		-	19 services.
1439		-	20 (c) When the court awards guardianship to the
1440		-	21 Department of Children and Family Services, the court
1441		-	22 shall order the parents to cooperate with the Department
1442		-	23 of Children and Family Services, comply with the terms of
1443		-	24 the service plans, and correct the conditions that require
1444		-	25 the child to be in care, or risk termination of their
1445		-	26 parental rights.
1446		-
1447		-
1448		-
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1456		-	1 (2) Any order of disposition may provide for protective
1457		-	2 supervision under Section 2-24 and may include an order of
1458		-	3 protection under Section 2-25.
1459		-	4 Unless the order of disposition expressly so provides, it
1460		-	5 does not operate to close proceedings on the pending petition,
1461		-	6 but is subject to modification, not inconsistent with Section
1462		-	7 2-28, until final closing and discharge of the proceedings
1463		-	8 under Section 2-31.
1464		-	9 (3) The court also shall enter any other orders necessary
1465		-	10 to fulfill the service plan, including, but not limited to,
1466		-	11 (i) orders requiring parties to cooperate with services, (ii)
1467		-	12 restraining orders controlling the conduct of any party likely
1468		-	13 to frustrate the achievement of the goal, and (iii) visiting
1469		-	14 orders. When the child is placed separately from a sibling,
1470		-	15 the court shall review the Sibling Contact Support Plan
1471		-	16 developed under subsection (f) of Section 7.4 of the Children
1472		-	17 and Family Services Act, if applicable. If the Department has
1473		-	18 not convened a meeting to develop a Sibling Contact Support
1474		-	19 Plan, or if the court finds that the existing Plan is not in
1475		-	20 the child's best interest, the court may enter an order
1476		-	21 requiring the Department to develop and implement a Sibling
1477		-	22 Contact Support Plan under subsection (f) of Section 7.4 of
1478		-	23 the Children and Family Services Act or order mediation.
1479		-	24 Unless otherwise specifically authorized by law, the court is
1480		-	25 not empowered under this subsection (3) to order specific
1481		-	26 placements, specific services, or specific service providers
1482		-
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1484		-
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1492		-	1 to be included in the plan. If, after receiving evidence, the
1493		-	2 court determines that the services contained in the plan are
1494		-	3 not reasonably calculated to facilitate achievement of the
1495		-	4 permanency goal, the court shall put in writing the factual
1496		-	5 basis supporting the determination and enter specific findings
1497		-	6 based on the evidence. The court also shall enter an order for
1498		-	7 the Department to develop and implement a new service plan or
1499		-	8 to implement changes to the current service plan consistent
1500		-	9 with the court's findings. The new service plan shall be filed
1501		-	10 with the court and served on all parties within 45 days after
1502		-	11 the date of the order. The court shall continue the matter
1503		-	12 until the new service plan is filed. Except as authorized by
1504		-	13 subsection (3.5) of this Section or authorized by law, the
1505		-	14 court is not empowered under this Section to order specific
1506		-	15 placements, specific services, or specific service providers
1507		-	16 to be included in the service plan.
1508		-	17 (3.5) If, after reviewing the evidence, including evidence
1509		-	18 from the Department, the court determines that the minor's
1510		-	19 current or planned placement is not necessary or appropriate
1511		-	20 to facilitate achievement of the permanency goal, the court
1512		-	21 shall put in writing the factual basis supporting its
1513		-	22 determination and enter specific findings based on the
1514		-	23 evidence. If the court finds that the minor's current or
1515		-	24 planned placement is not necessary or appropriate, the court
1516		-	25 may enter an order directing the Department to implement a
1517		-	26 recommendation by the minor's treating clinician or a
1518		-
1519		-
1520		-
1521		-
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1528		-	1 clinician contracted by the Department to evaluate the minor
1529		-	2 or a recommendation made by the Department. If the Department
1530		-	3 places a minor in a placement under an order entered under this
1531		-	4 subsection (3.5), the Department has the authority to remove
1532		-	5 the minor from that placement when a change in circumstances
1533		-	6 necessitates the removal to protect the minor's health,
1534		-	7 safety, and best interest. If the Department determines
1535		-	8 removal is necessary, the Department shall notify the parties
1536		-	9 of the planned placement change in writing no later than 10
1537		-	10 days prior to the implementation of its determination unless
1538		-	11 remaining in the placement poses an imminent risk of harm to
1539		-	12 the minor, in which case the Department shall notify the
1540		-	13 parties of the placement change in writing immediately
1541		-	14 following the implementation of its decision. The Department
1542		-	15 shall notify others of the decision to change the minor's
1543		-	16 placement as required by Department rule.
1544		-	17 (4) In addition to any other order of disposition, the
1545		-	18 court may order any minor adjudicated neglected with respect
1546		-	19 to his or her own injurious behavior to make restitution, in
1547		-	20 monetary or non-monetary form, under the terms and conditions
1548		-	21 of Section 5-5-6 of the Unified Code of Corrections, except
1549		-	22 that the "presentence hearing" referred to therein shall be
1550		-	23 the dispositional hearing for purposes of this Section. The
1551		-	24 parent, guardian or legal custodian of the minor may pay some
1552		-	25 or all of such restitution on the minor's behalf.
1553		-	26 (5) Any order for disposition where the minor is committed
1554		-
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1563		-	HB1293 Engrossed - 43 - LRB103 05843 KTG 50863 b
1564		-	1 or placed in accordance with Section 2-27 shall provide for
1565		-	2 the parents or guardian of the estate of such minor to pay to
1566		-	3 the legal custodian or guardian of the person of the minor such
1567		-	4 sums as are determined by the custodian or guardian of the
1568		-	5 person of the minor as necessary for the minor's needs. Such
1569		-	6 payments may not exceed the maximum amounts provided for by
1570		-	7 Section 9.1 of the Children and Family Services Act.
1571		-	8 (6) Whenever the order of disposition requires the minor
1572		-	9 to attend school or participate in a program of training, the
1573		-	10 truant officer or designated school official shall regularly
1574		-	11 report to the court if the minor is a chronic or habitual
1575		-	12 truant under Section 26-2a of the School Code.
1576		-	13 (7) The court may terminate the parental rights of a
1577		-	14 parent at the initial dispositional hearing if all of the
1578		-	15 conditions in subsection (5) of Section 2-21 are met.
1579		-	16 (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
1580		-	17 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
1581		-	18 Sec. 2-31. Duration of wardship and discharge of
1582		-	19 proceedings.
1583		-	20 (1) All proceedings under Article II of this Act in
1584		-	21 respect of any minor automatically terminate upon his or her
1585		-	22 attaining the age of 23 21 years.
1586		-	23 (2) Whenever the court determines, and makes written
1587		-	24 factual findings, that health, safety, and the best interests
1588		-	25 of the minor and the public no longer require the wardship of
1589		-
1590		-
1591		-
1592		-
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1595		-
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1598		-	HB1293 Engrossed - 44 - LRB103 05843 KTG 50863 b
1599		-	1 the court, the court shall order the wardship terminated and
1600		-	2 all proceedings under this Act respecting that minor finally
1601		-	3 closed and discharged. The court may at the same time continue
1602		-	4 or terminate any custodianship or guardianship theretofore
1603		-	5 ordered but the termination must be made in compliance with
1604		-	6 Section 2-28. When terminating wardship under this Section, if
1605		-	7 the minor is over 18 or if wardship is terminated in
1606		-	8 conjunction with an order partially or completely emancipating
1607		-	9 the minor in accordance with the Emancipation of Minors Act,
1608		-	10 the court shall also consider the following factors, in
1609		-	11 addition to the health, safety, and best interest of the minor
1610		-	12 and the public: (A) the minor's wishes regarding case closure;
1611		-	13 (B) the manner in which the minor will maintain independence
1612		-	14 without services from the Department; (C) the minor's
1613		-	15 engagement in services including placement offered by the
1614		-	16 Department; (D) if the minor is not engaged, the Department's
1615		-	17 efforts to engage the minor; (E) the nature of communication
1616		-	18 between the minor and the Department; (F) the minor's
1617		-	19 involvement in other State systems or services; (G) the
1618		-	20 minor's connections with family and other community support;
1619		-	21 and (H) any other factor the court deems relevant. The minor's
1620		-	22 lack of cooperation with services provided by the Department
1621		-	23 of Children and Family Services shall not by itself be
1622		-	24 considered sufficient evidence that the minor is prepared to
1623		-	25 live independently and that it is in the best interest of the
1624		-	26 minor to terminate wardship. It shall not be in the minor's
1625		-
1626		-
1627		-
1628		-
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1631		-
1632		-
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1634		-	HB1293 Engrossed - 45 - LRB103 05843 KTG 50863 b
1635		-	1 best interest to terminate wardship of a minor over the age of
1636		-	2 18 who is in the guardianship of the Department of Children and
1637		-	3 Family Services if the Department has not made reasonable
1638		-	4 efforts to ensure that the minor has documents necessary for
1639		-	5 adult living as provided in Section 35.10 of the Children and
1640		-	6 Family Services Act.
1641		-	7 (3) The wardship of the minor and any custodianship or
1642		-	8 guardianship respecting the minor for whom a petition was
1643		-	9 filed after July 24, 1991 (the effective date of Public Act
1644		-	10 87-14) automatically terminates when he attains the age of 19
1645		-	11 years, except as set forth in subsection (1) of this Section.
1646		-	12 The clerk of the court shall at that time record all
1647		-	13 proceedings under this Act as finally closed and discharged
1648		-	14 for that reason. The provisions of this subsection (3) become
1649		-	15 inoperative on and after July 12, 2019 (the effective date of
1650		-	16 Public Act 101-78).
1651		-	17 (4) Notwithstanding any provision of law to the contrary,
1652		-	18 the changes made by Public Act 101-78 apply to all cases that
1653		-	19 are pending on or after July 12, 2019 (the effective date of
1654		-	20 Public Act 101-78).
1655		-	21 (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
1656		-	22 (705 ILCS 405/2-33)
1657		-	23 Sec. 2-33. Supplemental petition to reinstate wardship.
1658		-	24 (1) Any time prior to a minor's 18th birthday, pursuant to
1659		-	25 a supplemental petition filed under this Section, the court
1660		-
1661		-
1662		-
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1670		-	1 may reinstate wardship and open a previously closed case when:
1671		-	2 (a) wardship and guardianship under the Juvenile Court
1672		-	3 Act of 1987 was vacated in conjunction with the
1673		-	4 appointment of a private guardian under the Probate Act of
1674		-	5 1975;
1675		-	6 (b) the minor is not presently a ward of the court
1676		-	7 under Article II of this Act nor is there a petition for
1677		-	8 adjudication of wardship pending on behalf of the minor;
1678		-	9 and
1679		-	10 (c) it is in the minor's best interest that wardship
1680		-	11 be reinstated.
1681		-	12 (2) Any time prior to a minor's 23rd 21st birthday,
1682		-	13 pursuant to a supplemental petition filed under this Section,
1683		-	14 the court may reinstate wardship and open a previously closed
1684		-	15 case when:
1685		-	16 (a) wardship and guardianship under this Act was
1686		-	17 vacated pursuant to:
1687		-	18 (i) an order entered under subsection (2) of
1688		-	19 Section 2-31 in the case of a minor over the age of 18;
1689		-	20 (ii) closure of a case under subsection (2) of
1690		-	21 Section 2-31 in the case of a minor under the age of 18
1691		-	22 who has been partially or completely emancipated in
1692		-	23 accordance with the Emancipation of Minors Act; or
1693		-	24 (iii) an order entered under subsection (3) of
1694		-	25 Section 2-31 based on the minor's attaining the age of
1695		-	26 19 years before the effective date of this amendatory
1696		-
1697		-
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1706		-	1 Act of the 101st General Assembly;
1707		-	2 (b) the minor is not presently a ward of the court
1708		-	3 under Article II of this Act nor is there a petition for
1709		-	4 adjudication of wardship pending on behalf of the minor;
1710		-	5 and
1711		-	6 (c) it is in the minor's best interest that wardship
1712		-	7 be reinstated.
1713		-	8 (3) The supplemental petition must be filed in the same
1714		-	9 proceeding in which the original adjudication order was
1715		-	10 entered. Unless excused by court for good cause shown, the
1716		-	11 petitioner shall give notice of the time and place of the
1717		-	12 hearing on the supplemental petition, in person or by mail, to
1718		-	13 the minor, if the minor is 14 years of age or older, and to the
1719		-	14 parties to the juvenile court proceeding. Notice shall be
1720		-	15 provided at least 3 court days in advance of the hearing date.
1721		-	16 (3.5) Whenever a petition is filed to reinstate wardship
1722		-	17 pursuant to subsection (1), prior to granting the petition,
1723		-	18 the court may order the Department of Children and Family
1724		-	19 Services to assess the minor's current and proposed living
1725		-	20 arrangements and to provide ongoing monitoring of the health,
1726		-	21 safety, and best interest of the minor during the pendency of
1727		-	22 the petition to assist the court in making that determination.
1728		-	23 (4) A minor who is the subject of a petition to reinstate
1729		-	24 wardship under this Section shall be provided with
1730		-	25 representation in accordance with Sections 1-5 and 2-17 of
1731		-	26 this Act.
1732		-
1733		-
1734		-
1735		-
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1738		-
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1742		-	1 (5) Whenever a minor is committed to the Department of
1743		-	2 Children and Family Services for care and services following
1744		-	3 the reinstatement of wardship under this Section, the
1745		-	4 Department shall:
1746		-	5 (a) Within 30 days of such commitment, prepare and
1747		-	6 file with the court a case plan which complies with the
1748		-	7 federal Adoption Assistance and Child Welfare Act of 1980
1749		-	8 and is consistent with the health, safety and best
1750		-	9 interests of the minor; and
1751		-	10 (b) Promptly refer the minor for such services as are
1752		-	11 necessary and consistent with the minor's health, safety
1753		-	12 and best interests.
1754		-	13 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
1755		-	14 (705 ILCS 405/2-34)
1756		-	15 Sec. 2-34. Motion to reinstate parental rights.
1757		-	16 (1) For purposes of this subsection (1), the term "parent"
1758		-	17 refers to the person or persons whose rights were terminated
1759		-	18 as described in paragraph (a) of this subsection; and the term
1760		-	19 "minor" means a person under the age of 23 21 years subject to
1761		-	20 this Act for whom the Department of Children and Family
1762		-	21 Services Guardianship Administrator is appointed the temporary
1763		-	22 custodian or guardian.
1764		-	23 A motion to reinstate parental rights may be filed only by
1765		-	24 the Department of Children and Family Services or the minor
1766		-	25 regarding any minor who is presently a ward of the court under
1767		-
1768		-
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1777		-	1 Article II of this Act when all the conditions set out in
1778		-	2 paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
1779		-	3 subsection (1) are met:
1780		-	4 (a) while the minor was under the jurisdiction of the
1781		-	5 court under Article II of this Act, the minor's parent or
1782		-	6 parents surrendered the minor for adoption to an agency
1783		-	7 legally authorized to place children for adoption, or the
1784		-	8 minor's parent or parents consented to his or her
1785		-	9 adoption, or the minor's parent or parents consented to
1786		-	10 his or her adoption by a specified person or persons, or
1787		-	11 the parent or parents' rights were terminated pursuant to
1788		-	12 a finding of unfitness pursuant to Section 2-29 of this
1789		-	13 Act and a guardian was appointed with the power to consent
1790		-	14 to adoption pursuant to Section 2-29 of this Act; and
1791		-	15 (b) (i) since the signing of the surrender, the
1792		-	16 signing of the consent, or the unfitness finding, the
1793		-	17 minor has remained a ward of the Court under Article II of
1794		-	18 this Act; or
1795		-	19 (ii) the minor was made a ward of the Court, the minor
1796		-	20 was placed in the private guardianship of an individual or
1797		-	21 individuals, and after the appointment of a private
1798		-	22 guardian and a new petition alleging abuse, neglect, or
1799		-	23 dependency pursuant to Section 2-3 or 2-4 is filed, and
1800		-	24 the minor is again found by the court to be abused,
1801		-	25 neglected or dependent; or a supplemental petition to
1802		-	26 reinstate wardship is filed pursuant to Section 2-33, and
1803		-
1804		-
1805		-
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1813		-	1 the court reinstates wardship; or
1814		-	2 (iii) the minor was made a ward of the Court, wardship
1815		-	3 was terminated after the minor was adopted, after the
1816		-	4 adoption a new petition alleging abuse, neglect, or
1817		-	5 dependency pursuant to Section 2-3 or 2-4 is filed, and
1818		-	6 the minor is again found by the court to be abused,
1819		-	7 neglected, or dependent, and either (i) the adoptive
1820		-	8 parent or parents are deceased, (ii) the adoptive parent
1821		-	9 or parents signed a surrender of parental rights, or (iii)
1822		-	10 the parental rights of the adoptive parent or parents were
1823		-	11 terminated;
1824		-	12 (c) the minor is not currently in a placement likely
1825		-	13 to achieve permanency;
1826		-	14 (d) it is in the minor's best interest that parental
1827		-	15 rights be reinstated;
1828		-	16 (e) the parent named in the motion wishes parental
1829		-	17 rights to be reinstated and is currently appropriate to
1830		-	18 have rights reinstated;
1831		-	19 (f) more than 3 years have lapsed since the signing of
1832		-	20 the consent or surrender, or the entry of the order
1833		-	21 appointing a guardian with the power to consent to
1834		-	22 adoption;
1835		-	23 (g) (i) the child is 13 years of age or older or (ii)
1836		-	24 the child is the younger sibling of such child, 13 years of
1837		-	25 age or older, for whom reinstatement of parental rights is
1838		-	26 being sought and the younger sibling independently meets
1839		-
1840		-
1841		-
1842		-
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1845		-
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1849		-	1 the criteria set forth in paragraphs (a) through (h) of
1850		-	2 this subsection; and
1851		-	3 (h) if the court has previously denied a motion to
1852		-	4 reinstate parental rights filed by the Department, there
1853		-	5 has been a substantial change in circumstances following
1854		-	6 the denial of the earlier motion.
1855		-	7 (2) The motion may be filed only by the Department of
1856		-	8 Children and Family Services or by the minor. Unless excused
1857		-	9 by the court for good cause shown, the movant shall give notice
1858		-	10 of the time and place of the hearing on the motion, in person
1859		-	11 or by mail, to the parties to the juvenile court proceeding.
1860		-	12 Notice shall be provided at least 14 days in advance of the
1861		-	13 hearing date. The motion shall include the allegations
1862		-	14 required in subsection (1) of this Section.
1863		-	15 (3) Any party may file a motion to dismiss the motion with
1864		-	16 prejudice on the basis that the parent has intentionally acted
1865		-	17 to prevent the child from being adopted, after parental rights
1866		-	18 were terminated or the parent intentionally acted to disrupt
1867		-	19 the child's adoption. If the court finds by a preponderance of
1868		-	20 the evidence that the parent has intentionally acted to
1869		-	21 prevent the child from being adopted, after parental rights
1870		-	22 were terminated or that the parent intentionally acted to
1871		-	23 disrupt the child's adoption, the court shall dismiss the
1872		-	24 petition with prejudice.
1873		-	25 (4) The court shall not grant a motion for reinstatement
1874		-	26 of parental rights unless the court finds that the motion is
1875		-
1876		-
1877		-
1878		-
1879		-
1880		-	HB1293 Engrossed - 51 - LRB103 05843 KTG 50863 b
1881		-
1882		-
1883		-	HB1293 Engrossed- 52 -LRB103 05843 KTG 50863 b HB1293 Engrossed - 52 - LRB103 05843 KTG 50863 b
1884		-	HB1293 Engrossed - 52 - LRB103 05843 KTG 50863 b
1885		-	1 supported by clear and convincing evidence. In ruling on a
1886		-	2 motion to reinstate parental rights, the court shall make
1887		-	3 findings consistent with the requirements in subsection (1) of
1888		-	4 this Section. The court shall consider the reasons why the
1889		-	5 child was initially brought to the attention of the court, the
1890		-	6 history of the child's case as it relates to the parent seeking
1891		-	7 reinstatement, and the current circumstances of the parent for
1892		-	8 whom reinstatement of rights is sought. If reinstatement is
1893		-	9 being considered subsequent to a finding of unfitness pursuant
1894		-	10 to Section 2-29 of this Act having been entered with respect to
1895		-	11 the parent whose rights are being restored, the court in
1896		-	12 determining the minor's best interest shall consider, in
1897		-	13 addition to the factors set forth in paragraph (4.05) of
1898		-	14 Section 1-3 of this Act, the specific grounds upon which the
1899		-	15 unfitness findings were made. Upon the entry of an order
1900		-	16 granting a motion to reinstate parental rights, parental
1901		-	17 rights of the parent named in the order shall be reinstated,
1902		-	18 any previous order appointing a guardian with the power to
1903		-	19 consent to adoption shall be void and with respect to the
1904		-	20 parent named in the order, any consent shall be void.
1905		-	21 (5) If the case is post-disposition, the court, upon the
1906		-	22 entry of an order granting a motion to reinstate parental
1907		-	23 rights, shall schedule the matter for a permanency hearing
1908		-	24 pursuant to Section 2-28 of this Act within 45 days.
1909		-	25 (6) Custody of the minor shall not be restored to the
1910		-	26 parent, except by order of court pursuant to subsection (4) of
1911		-
1912		-
1913		-
1914		-
1915		-
1916		-	HB1293 Engrossed - 52 - LRB103 05843 KTG 50863 b
1917		-
1918		-
1919		-	HB1293 Engrossed- 53 -LRB103 05843 KTG 50863 b HB1293 Engrossed - 53 - LRB103 05843 KTG 50863 b
1920		-	HB1293 Engrossed - 53 - LRB103 05843 KTG 50863 b
1921		-	1 Section 2-28 of this Act.
1922		-	2 (7) In any case involving a child over the age of 13 who
1923		-	3 meets the criteria established in this Section for
1924		-	4 reinstatement of parental rights, the Department of Children
1925		-	5 and Family Services shall conduct an assessment of the child's
1926		-	6 circumstances to assist in future planning for the child,
1927		-	7 including, but not limited to a determination regarding the
1928		-	8 appropriateness of filing a motion to reinstate parental
1929		-	9 rights.
1930		-	10 (8) (Blank).
1931		-	11 (Source: P.A. 98-477, eff. 8-16-13.)
1932		-	12 Section 99. Effective date. This Act takes effect July 1,
1933		-	13 2025.
1934		-
1935		-
1936		-
1937		-
1938		-
1939		-	HB1293 Engrossed - 53 - LRB103 05843 KTG 50863 b
	1387	+	22 Section 10. The Illinois Public Aid Code is amended by
	1388	+	23 changing Section 5-2 as follows:
	1389	+	24 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
	1390	+
	1391	+
	1392	+
	1393	+
	1394	+
	1395	+	HB1293 - 36 - LRB103 05843 KTG 50863 b
	1396	+
	1397	+
	1398	+	HB1293- 37 -LRB103 05843 KTG 50863 b HB1293 - 37 - LRB103 05843 KTG 50863 b
	1399	+	HB1293 - 37 - LRB103 05843 KTG 50863 b
	1400	+	1 Sec. 5-2. Classes of persons eligible. Medical assistance
	1401	+	2 under this Article shall be available to any of the following
	1402	+	3 classes of persons in respect to whom a plan for coverage has
	1403	+	4 been submitted to the Governor by the Illinois Department and
	1404	+	5 approved by him. If changes made in this Section 5-2 require
	1405	+	6 federal approval, they shall not take effect until such
	1406	+	7 approval has been received:
	1407	+	8 1. Recipients of basic maintenance grants under
	1408	+	9 Articles III and IV.
	1409	+	10 2. Beginning January 1, 2014, persons otherwise
	1410	+	11 eligible for basic maintenance under Article III,
	1411	+	12 excluding any eligibility requirements that are
	1412	+	13 inconsistent with any federal law or federal regulation,
	1413	+	14 as interpreted by the U.S. Department of Health and Human
	1414	+	15 Services, but who fail to qualify thereunder on the basis
	1415	+	16 of need, and who have insufficient income and resources to
	1416	+	17 meet the costs of necessary medical care, including, but
	1417	+	18 not limited to, the following:
	1418	+	19 (a) All persons otherwise eligible for basic
	1419	+	20 maintenance under Article III but who fail to qualify
	1420	+	21 under that Article on the basis of need and who meet
	1421	+	22 either of the following requirements:
	1422	+	23 (i) their income, as determined by the
	1423	+	24 Illinois Department in accordance with any federal
	1424	+	25 requirements, is equal to or less than 100% of the
	1425	+	26 federal poverty level; or
	1426	+
	1427	+
	1428	+
	1429	+
	1430	+
	1431	+	HB1293 - 37 - LRB103 05843 KTG 50863 b
	1432	+
	1433	+
	1434	+	HB1293- 38 -LRB103 05843 KTG 50863 b HB1293 - 38 - LRB103 05843 KTG 50863 b
	1435	+	HB1293 - 38 - LRB103 05843 KTG 50863 b
	1436	+	1 (ii) their income, after the deduction of
	1437	+	2 costs incurred for medical care and for other
	1438	+	3 types of remedial care, is equal to or less than
	1439	+	4 100% of the federal poverty level.
	1440	+	5 (b) (Blank).
	1441	+	6 3. (Blank).
	1442	+	7 4. Persons not eligible under any of the preceding
	1443	+	8 paragraphs who fall sick, are injured, or die, not having
	1444	+	9 sufficient money, property or other resources to meet the
	1445	+	10 costs of necessary medical care or funeral and burial
	1446	+	11 expenses.
	1447	+	12 5.(a) Beginning January 1, 2020, individuals during
	1448	+	13 pregnancy and during the 12-month period beginning on the
	1449	+	14 last day of the pregnancy, together with their infants,
	1450	+	15 whose income is at or below 200% of the federal poverty
	1451	+	16 level. Until September 30, 2019, or sooner if the
	1452	+	17 maintenance of effort requirements under the Patient
	1453	+	18 Protection and Affordable Care Act are eliminated or may
	1454	+	19 be waived before then, individuals during pregnancy and
	1455	+	20 during the 12-month period beginning on the last day of
	1456	+	21 the pregnancy, whose countable monthly income, after the
	1457	+	22 deduction of costs incurred for medical care and for other
	1458	+	23 types of remedial care as specified in administrative
	1459	+	24 rule, is equal to or less than the Medical Assistance-No
	1460	+	25 Grant(C) (MANG(C)) Income Standard in effect on April 1,
	1461	+	26 2013 as set forth in administrative rule.
	1462	+
	1463	+
	1464	+
	1465	+
	1466	+
	1467	+	HB1293 - 38 - LRB103 05843 KTG 50863 b
	1468	+
	1469	+
	1470	+	HB1293- 39 -LRB103 05843 KTG 50863 b HB1293 - 39 - LRB103 05843 KTG 50863 b
	1471	+	HB1293 - 39 - LRB103 05843 KTG 50863 b
	1472	+	1 (b) The plan for coverage shall provide ambulatory
	1473	+	2 prenatal care to pregnant individuals during a presumptive
	1474	+	3 eligibility period and establish an income eligibility
	1475	+	4 standard that is equal to 200% of the federal poverty
	1476	+	5 level, provided that costs incurred for medical care are
	1477	+	6 not taken into account in determining such income
	1478	+	7 eligibility.
	1479	+	8 (c) The Illinois Department may conduct a
	1480	+	9 demonstration in at least one county that will provide
	1481	+	10 medical assistance to pregnant individuals together with
	1482	+	11 their infants and children up to one year of age, where the
	1483	+	12 income eligibility standard is set up to 185% of the
	1484	+	13 nonfarm income official poverty line, as defined by the
	1485	+	14 federal Office of Management and Budget. The Illinois
	1486	+	15 Department shall seek and obtain necessary authorization
	1487	+	16 provided under federal law to implement such a
	1488	+	17 demonstration. Such demonstration may establish resource
	1489	+	18 standards that are not more restrictive than those
	1490	+	19 established under Article IV of this Code.
	1491	+	20 6. (a) Subject to federal approval, children younger
	1492	+	21 than age 19 when countable income is at or below 313% of
	1493	+	22 the federal poverty level, as determined by the Department
	1494	+	23 and in accordance with all applicable federal
	1495	+	24 requirements. The Department is authorized to adopt
	1496	+	25 emergency rules to implement the changes made to this
	1497	+	26 paragraph by Public Act 102-43. Until September 30, 2019,
	1498	+
	1499	+
	1500	+
	1501	+
	1502	+
	1503	+	HB1293 - 39 - LRB103 05843 KTG 50863 b
	1504	+
	1505	+
	1506	+	HB1293- 40 -LRB103 05843 KTG 50863 b HB1293 - 40 - LRB103 05843 KTG 50863 b
	1507	+	HB1293 - 40 - LRB103 05843 KTG 50863 b
	1508	+	1 or sooner if the maintenance of effort requirements under
	1509	+	2 the Patient Protection and Affordable Care Act are
	1510	+	3 eliminated or may be waived before then, children younger
	1511	+	4 than age 19 whose countable monthly income, after the
	1512	+	5 deduction of costs incurred for medical care and for other
	1513	+	6 types of remedial care as specified in administrative
	1514	+	7 rule, is equal to or less than the Medical Assistance-No
	1515	+	8 Grant(C) (MANG(C)) Income Standard in effect on April 1,
	1516	+	9 2013 as set forth in administrative rule.
	1517	+	10 (b) Children and youth who are under temporary custody
	1518	+	11 or guardianship of the Department of Children and Family
	1519	+	12 Services or who receive financial assistance in support of
	1520	+	13 an adoption or guardianship placement from the Department
	1521	+	14 of Children and Family Services.
	1522	+	15 7. (Blank).
	1523	+	16 8. As required under federal law, persons who are
	1524	+	17 eligible for Transitional Medical Assistance as a result
	1525	+	18 of an increase in earnings or child or spousal support
	1526	+	19 received. The plan for coverage for this class of persons
	1527	+	20 shall:
	1528	+	21 (a) extend the medical assistance coverage to the
	1529	+	22 extent required by federal law; and
	1530	+	23 (b) offer persons who have initially received 6
	1531	+	24 months of the coverage provided in paragraph (a)
	1532	+	25 above, the option of receiving an additional 6 months
	1533	+	26 of coverage, subject to the following:
	1534	+
	1535	+
	1536	+
	1537	+
	1538	+
	1539	+	HB1293 - 40 - LRB103 05843 KTG 50863 b
	1540	+
	1541	+
	1542	+	HB1293- 41 -LRB103 05843 KTG 50863 b HB1293 - 41 - LRB103 05843 KTG 50863 b
	1543	+	HB1293 - 41 - LRB103 05843 KTG 50863 b
	1544	+	1 (i) such coverage shall be pursuant to
	1545	+	2 provisions of the federal Social Security Act;
	1546	+	3 (ii) such coverage shall include all services
	1547	+	4 covered under Illinois' State Medicaid Plan;
	1548	+	5 (iii) no premium shall be charged for such
	1549	+	6 coverage; and
	1550	+	7 (iv) such coverage shall be suspended in the
	1551	+	8 event of a person's failure without good cause to
	1552	+	9 file in a timely fashion reports required for this
	1553	+	10 coverage under the Social Security Act and
	1554	+	11 coverage shall be reinstated upon the filing of
	1555	+	12 such reports if the person remains otherwise
	1556	+	13 eligible.
	1557	+	14 9. Persons with acquired immunodeficiency syndrome
	1558	+	15 (AIDS) or with AIDS-related conditions with respect to
	1559	+	16 whom there has been a determination that but for home or
	1560	+	17 community-based services such individuals would require
	1561	+	18 the level of care provided in an inpatient hospital,
	1562	+	19 skilled nursing facility or intermediate care facility the
	1563	+	20 cost of which is reimbursed under this Article. Assistance
	1564	+	21 shall be provided to such persons to the maximum extent
	1565	+	22 permitted under Title XIX of the Federal Social Security
	1566	+	23 Act.
	1567	+	24 10. Participants in the long-term care insurance
	1568	+	25 partnership program established under the Illinois
	1569	+	26 Long-Term Care Partnership Program Act who meet the
	1570	+
	1571	+
	1572	+
	1573	+
	1574	+
	1575	+	HB1293 - 41 - LRB103 05843 KTG 50863 b
	1576	+
	1577	+
	1578	+	HB1293- 42 -LRB103 05843 KTG 50863 b HB1293 - 42 - LRB103 05843 KTG 50863 b
	1579	+	HB1293 - 42 - LRB103 05843 KTG 50863 b
	1580	+	1 qualifications for protection of resources described in
	1581	+	2 Section 15 of that Act.
	1582	+	3 11. Persons with disabilities who are employed and
	1583	+	4 eligible for Medicaid, pursuant to Section
	1584	+	5 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
	1585	+	6 subject to federal approval, persons with a medically
	1586	+	7 improved disability who are employed and eligible for
	1587	+	8 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
	1588	+	9 the Social Security Act, as provided by the Illinois
	1589	+	10 Department by rule. In establishing eligibility standards
	1590	+	11 under this paragraph 11, the Department shall, subject to
	1591	+	12 federal approval:
	1592	+	13 (a) set the income eligibility standard at not
	1593	+	14 lower than 350% of the federal poverty level;
	1594	+	15 (b) exempt retirement accounts that the person
	1595	+	16 cannot access without penalty before the age of 59
	1596	+	17 1/2, and medical savings accounts established pursuant
	1597	+	18 to 26 U.S.C. 220;
	1598	+	19 (c) allow non-exempt assets up to $25,000 as to
	1599	+	20 those assets accumulated during periods of eligibility
	1600	+	21 under this paragraph 11; and
	1601	+	22 (d) continue to apply subparagraphs (b) and (c) in
	1602	+	23 determining the eligibility of the person under this
	1603	+	24 Article even if the person loses eligibility under
	1604	+	25 this paragraph 11.
	1605	+	26 12. Subject to federal approval, persons who are
	1606	+
	1607	+
	1608	+
	1609	+
	1610	+
	1611	+	HB1293 - 42 - LRB103 05843 KTG 50863 b
	1612	+
	1613	+
	1614	+	HB1293- 43 -LRB103 05843 KTG 50863 b HB1293 - 43 - LRB103 05843 KTG 50863 b
	1615	+	HB1293 - 43 - LRB103 05843 KTG 50863 b
	1616	+	1 eligible for medical assistance coverage under applicable
	1617	+	2 provisions of the federal Social Security Act and the
	1618	+	3 federal Breast and Cervical Cancer Prevention and
	1619	+	4 Treatment Act of 2000. Those eligible persons are defined
	1620	+	5 to include, but not be limited to, the following persons:
	1621	+	6 (1) persons who have been screened for breast or
	1622	+	7 cervical cancer under the U.S. Centers for Disease
	1623	+	8 Control and Prevention Breast and Cervical Cancer
	1624	+	9 Program established under Title XV of the federal
	1625	+	10 Public Health Service Act in accordance with the
	1626	+	11 requirements of Section 1504 of that Act as
	1627	+	12 administered by the Illinois Department of Public
	1628	+	13 Health; and
	1629	+	14 (2) persons whose screenings under the above
	1630	+	15 program were funded in whole or in part by funds
	1631	+	16 appropriated to the Illinois Department of Public
	1632	+	17 Health for breast or cervical cancer screening.
	1633	+	18 "Medical assistance" under this paragraph 12 shall be
	1634	+	19 identical to the benefits provided under the State's
	1635	+	20 approved plan under Title XIX of the Social Security Act.
	1636	+	21 The Department must request federal approval of the
	1637	+	22 coverage under this paragraph 12 within 30 days after July
	1638	+	23 3, 2001 (the effective date of Public Act 92-47).
	1639	+	24 In addition to the persons who are eligible for
	1640	+	25 medical assistance pursuant to subparagraphs (1) and (2)
	1641	+	26 of this paragraph 12, and to be paid from funds
	1642	+
	1643	+
	1644	+
	1645	+
	1646	+
	1647	+	HB1293 - 43 - LRB103 05843 KTG 50863 b
	1648	+
	1649	+
	1650	+	HB1293- 44 -LRB103 05843 KTG 50863 b HB1293 - 44 - LRB103 05843 KTG 50863 b
	1651	+	HB1293 - 44 - LRB103 05843 KTG 50863 b
	1652	+	1 appropriated to the Department for its medical programs,
	1653	+	2 any uninsured person as defined by the Department in rules
	1654	+	3 residing in Illinois who is younger than 65 years of age,
	1655	+	4 who has been screened for breast and cervical cancer in
	1656	+	5 accordance with standards and procedures adopted by the
	1657	+	6 Department of Public Health for screening, and who is
	1658	+	7 referred to the Department by the Department of Public
	1659	+	8 Health as being in need of treatment for breast or
	1660	+	9 cervical cancer is eligible for medical assistance
	1661	+	10 benefits that are consistent with the benefits provided to
	1662	+	11 those persons described in subparagraphs (1) and (2).
	1663	+	12 Medical assistance coverage for the persons who are
	1664	+	13 eligible under the preceding sentence is not dependent on
	1665	+	14 federal approval, but federal moneys may be used to pay
	1666	+	15 for services provided under that coverage upon federal
	1667	+	16 approval.
	1668	+	17 13. Subject to appropriation and to federal approval,
	1669	+	18 persons living with HIV/AIDS who are not otherwise
	1670	+	19 eligible under this Article and who qualify for services
	1671	+	20 covered under Section 5-5.04 as provided by the Illinois
	1672	+	21 Department by rule.
	1673	+	22 14. Subject to the availability of funds for this
	1674	+	23 purpose, the Department may provide coverage under this
	1675	+	24 Article to persons who reside in Illinois who are not
	1676	+	25 eligible under any of the preceding paragraphs and who
	1677	+	26 meet the income guidelines of paragraph 2(a) of this
	1678	+
	1679	+
	1680	+
	1681	+
	1682	+
	1683	+	HB1293 - 44 - LRB103 05843 KTG 50863 b
	1684	+
	1685	+
	1686	+	HB1293- 45 -LRB103 05843 KTG 50863 b HB1293 - 45 - LRB103 05843 KTG 50863 b
	1687	+	HB1293 - 45 - LRB103 05843 KTG 50863 b
	1688	+	1 Section and (i) have an application for asylum pending
	1689	+	2 before the federal Department of Homeland Security or on
	1690	+	3 appeal before a court of competent jurisdiction and are
	1691	+	4 represented either by counsel or by an advocate accredited
	1692	+	5 by the federal Department of Homeland Security and
	1693	+	6 employed by a not-for-profit organization in regard to
	1694	+	7 that application or appeal, or (ii) are receiving services
	1695	+	8 through a federally funded torture treatment center.
	1696	+	9 Medical coverage under this paragraph 14 may be provided
	1697	+	10 for up to 24 continuous months from the initial
	1698	+	11 eligibility date so long as an individual continues to
	1699	+	12 satisfy the criteria of this paragraph 14. If an
	1700	+	13 individual has an appeal pending regarding an application
	1701	+	14 for asylum before the Department of Homeland Security,
	1702	+	15 eligibility under this paragraph 14 may be extended until
	1703	+	16 a final decision is rendered on the appeal. The Department
	1704	+	17 may adopt rules governing the implementation of this
	1705	+	18 paragraph 14.
	1706	+	19 15. Family Care Eligibility.
	1707	+	20 (a) On and after July 1, 2012, a parent or other
	1708	+	21 caretaker relative who is 19 years of age or older when
	1709	+	22 countable income is at or below 133% of the federal
	1710	+	23 poverty level. A person may not spend down to become
	1711	+	24 eligible under this paragraph 15.
	1712	+	25 (b) Eligibility shall be reviewed annually.
	1713	+	26 (c) (Blank).
	1714	+
	1715	+
	1716	+
	1717	+
	1718	+
	1719	+	HB1293 - 45 - LRB103 05843 KTG 50863 b
	1720	+
	1721	+
	1722	+	HB1293- 46 -LRB103 05843 KTG 50863 b HB1293 - 46 - LRB103 05843 KTG 50863 b
	1723	+	HB1293 - 46 - LRB103 05843 KTG 50863 b
	1724	+	1 (d) (Blank).
	1725	+	2 (e) (Blank).
	1726	+	3 (f) (Blank).
	1727	+	4 (g) (Blank).
	1728	+	5 (h) (Blank).
	1729	+	6 (i) Following termination of an individual's
	1730	+	7 coverage under this paragraph 15, the individual must
	1731	+	8 be determined eligible before the person can be
	1732	+	9 re-enrolled.
	1733	+	10 16. Subject to appropriation, uninsured persons who
	1734	+	11 are not otherwise eligible under this Section who have
	1735	+	12 been certified and referred by the Department of Public
	1736	+	13 Health as having been screened and found to need
	1737	+	14 diagnostic evaluation or treatment, or both diagnostic
	1738	+	15 evaluation and treatment, for prostate or testicular
	1739	+	16 cancer. For the purposes of this paragraph 16, uninsured
	1740	+	17 persons are those who do not have creditable coverage, as
	1741	+	18 defined under the Health Insurance Portability and
	1742	+	19 Accountability Act, or have otherwise exhausted any
	1743	+	20 insurance benefits they may have had, for prostate or
	1744	+	21 testicular cancer diagnostic evaluation or treatment, or
	1745	+	22 both diagnostic evaluation and treatment. To be eligible,
	1746	+	23 a person must furnish a Social Security number. A person's
	1747	+	24 assets are exempt from consideration in determining
	1748	+	25 eligibility under this paragraph 16. Such persons shall be
	1749	+	26 eligible for medical assistance under this paragraph 16
	1750	+
	1751	+
	1752	+
	1753	+
	1754	+
	1755	+	HB1293 - 46 - LRB103 05843 KTG 50863 b
	1756	+
	1757	+
	1758	+	HB1293- 47 -LRB103 05843 KTG 50863 b HB1293 - 47 - LRB103 05843 KTG 50863 b
	1759	+	HB1293 - 47 - LRB103 05843 KTG 50863 b
	1760	+	1 for so long as they need treatment for the cancer. A person
	1761	+	2 shall be considered to need treatment if, in the opinion
	1762	+	3 of the person's treating physician, the person requires
	1763	+	4 therapy directed toward cure or palliation of prostate or
	1764	+	5 testicular cancer, including recurrent metastatic cancer
	1765	+	6 that is a known or presumed complication of prostate or
	1766	+	7 testicular cancer and complications resulting from the
	1767	+	8 treatment modalities themselves. Persons who require only
	1768	+	9 routine monitoring services are not considered to need
	1769	+	10 treatment. "Medical assistance" under this paragraph 16
	1770	+	11 shall be identical to the benefits provided under the
	1771	+	12 State's approved plan under Title XIX of the Social
	1772	+	13 Security Act. Notwithstanding any other provision of law,
	1773	+	14 the Department (i) does not have a claim against the
	1774	+	15 estate of a deceased recipient of services under this
	1775	+	16 paragraph 16 and (ii) does not have a lien against any
	1776	+	17 homestead property or other legal or equitable real
	1777	+	18 property interest owned by a recipient of services under
	1778	+	19 this paragraph 16.
	1779	+	20 17. Persons who, pursuant to a waiver approved by the
	1780	+	21 Secretary of the U.S. Department of Health and Human
	1781	+	22 Services, are eligible for medical assistance under Title
	1782	+	23 XIX or XXI of the federal Social Security Act.
	1783	+	24 Notwithstanding any other provision of this Code and
	1784	+	25 consistent with the terms of the approved waiver, the
	1785	+	26 Illinois Department, may by rule:
	1786	+
	1787	+
	1788	+
	1789	+
	1790	+
	1791	+	HB1293 - 47 - LRB103 05843 KTG 50863 b
	1792	+
	1793	+
	1794	+	HB1293- 48 -LRB103 05843 KTG 50863 b HB1293 - 48 - LRB103 05843 KTG 50863 b
	1795	+	HB1293 - 48 - LRB103 05843 KTG 50863 b
	1796	+	1 (a) Limit the geographic areas in which the waiver
	1797	+	2 program operates.
	1798	+	3 (b) Determine the scope, quantity, duration, and
	1799	+	4 quality, and the rate and method of reimbursement, of
	1800	+	5 the medical services to be provided, which may differ
	1801	+	6 from those for other classes of persons eligible for
	1802	+	7 assistance under this Article.
	1803	+	8 (c) Restrict the persons' freedom in choice of
	1804	+	9 providers.
	1805	+	10 18. Beginning January 1, 2014, persons aged 19 or
	1806	+	11 older, but younger than 65, who are not otherwise eligible
	1807	+	12 for medical assistance under this Section 5-2, who qualify
	1808	+	13 for medical assistance pursuant to 42 U.S.C.
	1809	+	14 1396a(a)(10)(A)(i)(VIII) and applicable federal
	1810	+	15 regulations, and who have income at or below 133% of the
	1811	+	16 federal poverty level plus 5% for the applicable family
	1812	+	17 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
	1813	+	18 applicable federal regulations. Persons eligible for
	1814	+	19 medical assistance under this paragraph 18 shall receive
	1815	+	20 coverage for the Health Benefits Service Package as that
	1816	+	21 term is defined in subsection (m) of Section 5-1.1 of this
	1817	+	22 Code. If Illinois' federal medical assistance percentage
	1818	+	23 (FMAP) is reduced below 90% for persons eligible for
	1819	+	24 medical assistance under this paragraph 18, eligibility
	1820	+	25 under this paragraph 18 shall cease no later than the end
	1821	+	26 of the third month following the month in which the
	1822	+
	1823	+
	1824	+
	1825	+
	1826	+
	1827	+	HB1293 - 48 - LRB103 05843 KTG 50863 b
	1828	+
	1829	+
	1830	+	HB1293- 49 -LRB103 05843 KTG 50863 b HB1293 - 49 - LRB103 05843 KTG 50863 b
	1831	+	HB1293 - 49 - LRB103 05843 KTG 50863 b
	1832	+	1 reduction in FMAP takes effect.
	1833	+	2 19. Beginning January 1, 2014, as required under 42
	1834	+	3 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
	1835	+	4 and younger than age 26 who are not otherwise eligible for
	1836	+	5 medical assistance under paragraphs (1) through (17) of
	1837	+	6 this Section who (i) were in foster care under the
	1838	+	7 responsibility of the State on the date of attaining age
	1839	+	8 18 or on the date of attaining age 22 21 when a court has
	1840	+	9 continued wardship for good cause as provided in Section
	1841	+	10 2-31 of the Juvenile Court Act of 1987 and (ii) received
	1842	+	11 medical assistance under the Illinois Title XIX State Plan
	1843	+	12 or waiver of such plan while in foster care.
	1844	+	13 20. Beginning January 1, 2018, persons who are
	1845	+	14 foreign-born victims of human trafficking, torture, or
	1846	+	15 other serious crimes as defined in Section 2-19 of this
	1847	+	16 Code and their derivative family members if such persons:
	1848	+	17 (i) reside in Illinois; (ii) are not eligible under any of
	1849	+	18 the preceding paragraphs; (iii) meet the income guidelines
	1850	+	19 of subparagraph (a) of paragraph 2; and (iv) meet the
	1851	+	20 nonfinancial eligibility requirements of Sections 16-2,
	1852	+	21 16-3, and 16-5 of this Code. The Department may extend
	1853	+	22 medical assistance for persons who are foreign-born
	1854	+	23 victims of human trafficking, torture, or other serious
	1855	+	24 crimes whose medical assistance would be terminated
	1856	+	25 pursuant to subsection (b) of Section 16-5 if the
	1857	+	26 Department determines that the person, during the year of
	1858	+
	1859	+
	1860	+
	1861	+
	1862	+
	1863	+	HB1293 - 49 - LRB103 05843 KTG 50863 b
	1864	+
	1865	+
	1866	+	HB1293- 50 -LRB103 05843 KTG 50863 b HB1293 - 50 - LRB103 05843 KTG 50863 b
	1867	+	HB1293 - 50 - LRB103 05843 KTG 50863 b
	1868	+	1 initial eligibility (1) experienced a health crisis, (2)
	1869	+	2 has been unable, after reasonable attempts, to obtain
	1870	+	3 necessary information from a third party, or (3) has other
	1871	+	4 extenuating circumstances that prevented the person from
	1872	+	5 completing his or her application for status. The
	1873	+	6 Department may adopt any rules necessary to implement the
	1874	+	7 provisions of this paragraph.
	1875	+	8 21. Persons who are not otherwise eligible for medical
	1876	+	9 assistance under this Section who may qualify for medical
	1877	+	10 assistance pursuant to 42 U.S.C.
	1878	+	11 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
	1879	+	12 duration of any federal or State declared emergency due to
	1880	+	13 COVID-19. Medical assistance to persons eligible for
	1881	+	14 medical assistance solely pursuant to this paragraph 21
	1882	+	15 shall be limited to any in vitro diagnostic product (and
	1883	+	16 the administration of such product) described in 42 U.S.C.
	1884	+	17 1396d(a)(3)(B) on or after March 18, 2020, any visit
	1885	+	18 described in 42 U.S.C. 1396o(a)(2)(G), or any other
	1886	+	19 medical assistance that may be federally authorized for
	1887	+	20 this class of persons. The Department may also cover
	1888	+	21 treatment of COVID-19 for this class of persons, or any
	1889	+	22 similar category of uninsured individuals, to the extent
	1890	+	23 authorized under a federally approved 1115 Waiver or other
	1891	+	24 federal authority. Notwithstanding the provisions of
	1892	+	25 Section 1-11 of this Code, due to the nature of the
	1893	+	26 COVID-19 public health emergency, the Department may cover
	1894	+
	1895	+
	1896	+
	1897	+
	1898	+
	1899	+	HB1293 - 50 - LRB103 05843 KTG 50863 b
	1900	+
	1901	+
	1902	+	HB1293- 51 -LRB103 05843 KTG 50863 b HB1293 - 51 - LRB103 05843 KTG 50863 b
	1903	+	HB1293 - 51 - LRB103 05843 KTG 50863 b
	1904	+	1 and provide the medical assistance described in this
	1905	+	2 paragraph 21 to noncitizens who would otherwise meet the
	1906	+	3 eligibility requirements for the class of persons
	1907	+	4 described in this paragraph 21 for the duration of the
	1908	+	5 State emergency period.
	1909	+	6 In implementing the provisions of Public Act 96-20, the
	1910	+	7 Department is authorized to adopt only those rules necessary,
	1911	+	8 including emergency rules. Nothing in Public Act 96-20 permits
	1912	+	9 the Department to adopt rules or issue a decision that expands
	1913	+	10 eligibility for the FamilyCare Program to a person whose
	1914	+	11 income exceeds 185% of the Federal Poverty Level as determined
	1915	+	12 from time to time by the U.S. Department of Health and Human
	1916	+	13 Services, unless the Department is provided with express
	1917	+	14 statutory authority.
	1918	+	15 The eligibility of any such person for medical assistance
	1919	+	16 under this Article is not affected by the payment of any grant
	1920	+	17 under the Senior Citizens and Persons with Disabilities
	1921	+	18 Property Tax Relief Act or any distributions or items of
	1922	+	19 income described under subparagraph (X) of paragraph (2) of
	1923	+	20 subsection (a) of Section 203 of the Illinois Income Tax Act.
	1924	+	21 The Department shall by rule establish the amounts of
	1925	+	22 assets to be disregarded in determining eligibility for
	1926	+	23 medical assistance, which shall at a minimum equal the amounts
	1927	+	24 to be disregarded under the Federal Supplemental Security
	1928	+	25 Income Program. The amount of assets of a single person to be
	1929	+	26 disregarded shall not be less than $2,000, and the amount of
	1930	+
	1931	+
	1932	+
	1933	+
	1934	+
	1935	+	HB1293 - 51 - LRB103 05843 KTG 50863 b
	1936	+
	1937	+
	1938	+	HB1293- 52 -LRB103 05843 KTG 50863 b HB1293 - 52 - LRB103 05843 KTG 50863 b
	1939	+	HB1293 - 52 - LRB103 05843 KTG 50863 b
	1940	+	1 assets of a married couple to be disregarded shall not be less
	1941	+	2 than $3,000.
	1942	+	3 To the extent permitted under federal law, any person
	1943	+	4 found guilty of a second violation of Article VIIIA shall be
	1944	+	5 ineligible for medical assistance under this Article, as
	1945	+	6 provided in Section 8A-8.
	1946	+	7 The eligibility of any person for medical assistance under
	1947	+	8 this Article shall not be affected by the receipt by the person
	1948	+	9 of donations or benefits from fundraisers held for the person
	1949	+	10 in cases of serious illness, as long as neither the person nor
	1950	+	11 members of the person's family have actual control over the
	1951	+	12 donations or benefits or the disbursement of the donations or
	1952	+	13 benefits.
	1953	+	14 Notwithstanding any other provision of this Code, if the
	1954	+	15 United States Supreme Court holds Title II, Subtitle A,
	1955	+	16 Section 2001(a) of Public Law 111-148 to be unconstitutional,
	1956	+	17 or if a holding of Public Law 111-148 makes Medicaid
	1957	+	18 eligibility allowed under Section 2001(a) inoperable, the
	1958	+	19 State or a unit of local government shall be prohibited from
	1959	+	20 enrolling individuals in the Medical Assistance Program as the
	1960	+	21 result of federal approval of a State Medicaid waiver on or
	1961	+	22 after June 14, 2012 (the effective date of Public Act 97-687),
	1962	+	23 and any individuals enrolled in the Medical Assistance Program
	1963	+	24 pursuant to eligibility permitted as a result of such a State
	1964	+	25 Medicaid waiver shall become immediately ineligible.
	1965	+	26 Notwithstanding any other provision of this Code, if an
	1966	+
	1967	+
	1968	+
	1969	+
	1970	+
	1971	+	HB1293 - 52 - LRB103 05843 KTG 50863 b
	1972	+
	1973	+
	1974	+	HB1293- 53 -LRB103 05843 KTG 50863 b HB1293 - 53 - LRB103 05843 KTG 50863 b
	1975	+	HB1293 - 53 - LRB103 05843 KTG 50863 b
	1976	+	1 Act of Congress that becomes a Public Law eliminates Section
	1977	+	2 2001(a) of Public Law 111-148, the State or a unit of local
	1978	+	3 government shall be prohibited from enrolling individuals in
	1979	+	4 the Medical Assistance Program as the result of federal
	1980	+	5 approval of a State Medicaid waiver on or after June 14, 2012
	1981	+	6 (the effective date of Public Act 97-687), and any individuals
	1982	+	7 enrolled in the Medical Assistance Program pursuant to
	1983	+	8 eligibility permitted as a result of such a State Medicaid
	1984	+	9 waiver shall become immediately ineligible.
	1985	+	10 Effective October 1, 2013, the determination of
	1986	+	11 eligibility of persons who qualify under paragraphs 5, 6, 8,
	1987	+	12 15, 17, and 18 of this Section shall comply with the
	1988	+	13 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
	1989	+	14 regulations.
	1990	+	15 The Department of Healthcare and Family Services, the
	1991	+	16 Department of Human Services, and the Illinois health
	1992	+	17 insurance marketplace shall work cooperatively to assist
	1993	+	18 persons who would otherwise lose health benefits as a result
	1994	+	19 of changes made under Public Act 98-104 to transition to other
	1995	+	20 health insurance coverage.
	1996	+	21 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
	1997	+	22 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
	1998	+	23 10-8-21; 102-813, eff. 5-13-22.)
	1999	+	24 Section 15. The Juvenile Court Act of 1987 is amended by
	2000	+	25 changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
	2001	+
	2002	+
	2003	+
	2004	+
	2005	+
	2006	+	HB1293 - 53 - LRB103 05843 KTG 50863 b
	2007	+
	2008	+
	2009	+	HB1293- 54 -LRB103 05843 KTG 50863 b HB1293 - 54 - LRB103 05843 KTG 50863 b
	2010	+	HB1293 - 54 - LRB103 05843 KTG 50863 b
	2011	+	1 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
	2012	+	2 Sec. 2-23. Kinds of dispositional orders.
	2013	+	3 (1) The following kinds of orders of disposition may be
	2014	+	4 made in respect of wards of the court:
	2015	+	5 (a) A minor found to be neglected or abused under
	2016	+	6 Section 2-3 or dependent under Section 2-4 may be (1)
	2017	+	7 continued in the custody of his or her parents, guardian
	2018	+	8 or legal custodian; (2) placed in accordance with Section
	2019	+	9 2-27; (3) restored to the custody of the parent, parents,
	2020	+	10 guardian, or legal custodian, provided the court shall
	2021	+	11 order the parent, parents, guardian, or legal custodian to
	2022	+	12 cooperate with the Department of Children and Family
	2023	+	13 Services and comply with the terms of an after-care plan
	2024	+	14 or risk the loss of custody of the child and the possible
	2025	+	15 termination of their parental rights; or (4) ordered
	2026	+	16 partially or completely emancipated in accordance with the
	2027	+	17 provisions of the Emancipation of Minors Act.
	2028	+	18 If the minor is being restored to the custody of a
	2029	+	19 parent, legal custodian, or guardian who lives outside of
	2030	+	20 Illinois, and an Interstate Compact has been requested and
	2031	+	21 refused, the court may order the Department of Children
	2032	+	22 and Family Services to arrange for an assessment of the
	2033	+	23 minor's proposed living arrangement and for ongoing
	2034	+	24 monitoring of the health, safety, and best interest of the
	2035	+	25 minor and compliance with any order of protective
	2036	+
	2037	+
	2038	+
	2039	+
	2040	+
	2041	+	HB1293 - 54 - LRB103 05843 KTG 50863 b
	2042	+
	2043	+
	2044	+	HB1293- 55 -LRB103 05843 KTG 50863 b HB1293 - 55 - LRB103 05843 KTG 50863 b
	2045	+	HB1293 - 55 - LRB103 05843 KTG 50863 b
	2046	+	1 supervision entered in accordance with Section 2-24.
	2047	+	2 However, in any case in which a minor is found by the
	2048	+	3 court to be neglected or abused under Section 2-3 of this
	2049	+	4 Act, custody of the minor shall not be restored to any
	2050	+	5 parent, guardian or legal custodian whose acts or
	2051	+	6 omissions or both have been identified, pursuant to
	2052	+	7 subsection (1) of Section 2-21, as forming the basis for
	2053	+	8 the court's finding of abuse or neglect, until such time
	2054	+	9 as a hearing is held on the issue of the best interests of
	2055	+	10 the minor and the fitness of such parent, guardian or
	2056	+	11 legal custodian to care for the minor without endangering
	2057	+	12 the minor's health or safety, and the court enters an
	2058	+	13 order that such parent, guardian or legal custodian is fit
	2059	+	14 to care for the minor.
	2060	+	15 (b) A minor found to be dependent under Section 2-4
	2061	+	16 may be (1) placed in accordance with Section 2-27 or (2)
	2062	+	17 ordered partially or completely emancipated in accordance
	2063	+	18 with the provisions of the Emancipation of Minors Act.
	2064	+	19 However, in any case in which a minor is found by the
	2065	+	20 court to be dependent under Section 2-4 of this Act,
	2066	+	21 custody of the minor shall not be restored to any parent,
	2067	+	22 guardian or legal custodian whose acts or omissions or
	2068	+	23 both have been identified, pursuant to subsection (1) of
	2069	+	24 Section 2-21, as forming the basis for the court's finding
	2070	+	25 of dependency, until such time as a hearing is held on the
	2071	+	26 issue of the fitness of such parent, guardian or legal
	2072	+
	2073	+
	2074	+
	2075	+
	2076	+
	2077	+	HB1293 - 55 - LRB103 05843 KTG 50863 b
	2078	+
	2079	+
	2080	+	HB1293- 56 -LRB103 05843 KTG 50863 b HB1293 - 56 - LRB103 05843 KTG 50863 b
	2081	+	HB1293 - 56 - LRB103 05843 KTG 50863 b
	2082	+	1 custodian to care for the minor without endangering the
	2083	+	2 minor's health or safety, and the court enters an order
	2084	+	3 that such parent, guardian or legal custodian is fit to
	2085	+	4 care for the minor.
	2086	+	5 (b-1) A minor between the ages of 18 and 23 21 may be
	2087	+	6 placed pursuant to Section 2-27 of this Act if (1) the
	2088	+	7 court has granted a supplemental petition to reinstate
	2089	+	8 wardship of the minor pursuant to subsection (2) of
	2090	+	9 Section 2-33, (2) the court has adjudicated the minor a
	2091	+	10 ward of the court, permitted the minor to return home
	2092	+	11 under an order of protection, and subsequently made a
	2093	+	12 finding that it is in the minor's best interest to vacate
	2094	+	13 the order of protection and commit the minor to the
	2095	+	14 Department of Children and Family Services for care and
	2096	+	15 service, or (3) the court returned the minor to the
	2097	+	16 custody of the respondent under Section 2-4b of this Act
	2098	+	17 without terminating the proceedings under Section 2-31 of
	2099	+	18 this Act, and subsequently made a finding that it is in the
	2100	+	19 minor's best interest to commit the minor to the
	2101	+	20 Department of Children and Family Services for care and
	2102	+	21 services.
	2103	+	22 (c) When the court awards guardianship to the
	2104	+	23 Department of Children and Family Services, the court
	2105	+	24 shall order the parents to cooperate with the Department
	2106	+	25 of Children and Family Services, comply with the terms of
	2107	+	26 the service plans, and correct the conditions that require
	2108	+
	2109	+
	2110	+
	2111	+
	2112	+
	2113	+	HB1293 - 56 - LRB103 05843 KTG 50863 b
	2114	+
	2115	+
	2116	+	HB1293- 57 -LRB103 05843 KTG 50863 b HB1293 - 57 - LRB103 05843 KTG 50863 b
	2117	+	HB1293 - 57 - LRB103 05843 KTG 50863 b
	2118	+	1 the child to be in care, or risk termination of their
	2119	+	2 parental rights.
	2120	+	3 (2) Any order of disposition may provide for protective
	2121	+	4 supervision under Section 2-24 and may include an order of
	2122	+	5 protection under Section 2-25.
	2123	+	6 Unless the order of disposition expressly so provides, it
	2124	+	7 does not operate to close proceedings on the pending petition,
	2125	+	8 but is subject to modification, not inconsistent with Section
	2126	+	9 2-28, until final closing and discharge of the proceedings
	2127	+	10 under Section 2-31.
	2128	+	11 (3) The court also shall enter any other orders necessary
	2129	+	12 to fulfill the service plan, including, but not limited to,
	2130	+	13 (i) orders requiring parties to cooperate with services, (ii)
	2131	+	14 restraining orders controlling the conduct of any party likely
	2132	+	15 to frustrate the achievement of the goal, and (iii) visiting
	2133	+	16 orders. When the child is placed separately from a sibling,
	2134	+	17 the court shall review the Sibling Contact Support Plan
	2135	+	18 developed under subsection (f) of Section 7.4 of the Children
	2136	+	19 and Family Services Act, if applicable. If the Department has
	2137	+	20 not convened a meeting to develop a Sibling Contact Support
	2138	+	21 Plan, or if the court finds that the existing Plan is not in
	2139	+	22 the child's best interest, the court may enter an order
	2140	+	23 requiring the Department to develop and implement a Sibling
	2141	+	24 Contact Support Plan under subsection (f) of Section 7.4 of
	2142	+	25 the Children and Family Services Act or order mediation.
	2143	+	26 Unless otherwise specifically authorized by law, the court is
	2144	+
	2145	+
	2146	+
	2147	+
	2148	+
	2149	+	HB1293 - 57 - LRB103 05843 KTG 50863 b
	2150	+
	2151	+
	2152	+	HB1293- 58 -LRB103 05843 KTG 50863 b HB1293 - 58 - LRB103 05843 KTG 50863 b
	2153	+	HB1293 - 58 - LRB103 05843 KTG 50863 b
	2154	+	1 not empowered under this subsection (3) to order specific
	2155	+	2 placements, specific services, or specific service providers
	2156	+	3 to be included in the plan. If, after receiving evidence, the
	2157	+	4 court determines that the services contained in the plan are
	2158	+	5 not reasonably calculated to facilitate achievement of the
	2159	+	6 permanency goal, the court shall put in writing the factual
	2160	+	7 basis supporting the determination and enter specific findings
	2161	+	8 based on the evidence. The court also shall enter an order for
	2162	+	9 the Department to develop and implement a new service plan or
	2163	+	10 to implement changes to the current service plan consistent
	2164	+	11 with the court's findings. The new service plan shall be filed
	2165	+	12 with the court and served on all parties within 45 days after
	2166	+	13 the date of the order. The court shall continue the matter
	2167	+	14 until the new service plan is filed. Except as authorized by
	2168	+	15 subsection (3.5) of this Section or authorized by law, the
	2169	+	16 court is not empowered under this Section to order specific
	2170	+	17 placements, specific services, or specific service providers
	2171	+	18 to be included in the service plan.
	2172	+	19 (3.5) If, after reviewing the evidence, including evidence
	2173	+	20 from the Department, the court determines that the minor's
	2174	+	21 current or planned placement is not necessary or appropriate
	2175	+	22 to facilitate achievement of the permanency goal, the court
	2176	+	23 shall put in writing the factual basis supporting its
	2177	+	24 determination and enter specific findings based on the
	2178	+	25 evidence. If the court finds that the minor's current or
	2179	+	26 planned placement is not necessary or appropriate, the court
	2180	+
	2181	+
	2182	+
	2183	+
	2184	+
	2185	+	HB1293 - 58 - LRB103 05843 KTG 50863 b
	2186	+
	2187	+
	2188	+	HB1293- 59 -LRB103 05843 KTG 50863 b HB1293 - 59 - LRB103 05843 KTG 50863 b
	2189	+	HB1293 - 59 - LRB103 05843 KTG 50863 b
	2190	+	1 may enter an order directing the Department to implement a
	2191	+	2 recommendation by the minor's treating clinician or a
	2192	+	3 clinician contracted by the Department to evaluate the minor
	2193	+	4 or a recommendation made by the Department. If the Department
	2194	+	5 places a minor in a placement under an order entered under this
	2195	+	6 subsection (3.5), the Department has the authority to remove
	2196	+	7 the minor from that placement when a change in circumstances
	2197	+	8 necessitates the removal to protect the minor's health,
	2198	+	9 safety, and best interest. If the Department determines
	2199	+	10 removal is necessary, the Department shall notify the parties
	2200	+	11 of the planned placement change in writing no later than 10
	2201	+	12 days prior to the implementation of its determination unless
	2202	+	13 remaining in the placement poses an imminent risk of harm to
	2203	+	14 the minor, in which case the Department shall notify the
	2204	+	15 parties of the placement change in writing immediately
	2205	+	16 following the implementation of its decision. The Department
	2206	+	17 shall notify others of the decision to change the minor's
	2207	+	18 placement as required by Department rule.
	2208	+	19 (4) In addition to any other order of disposition, the
	2209	+	20 court may order any minor adjudicated neglected with respect
	2210	+	21 to his or her own injurious behavior to make restitution, in
	2211	+	22 monetary or non-monetary form, under the terms and conditions
	2212	+	23 of Section 5-5-6 of the Unified Code of Corrections, except
	2213	+	24 that the "presentence hearing" referred to therein shall be
	2214	+	25 the dispositional hearing for purposes of this Section. The
	2215	+	26 parent, guardian or legal custodian of the minor may pay some
	2216	+
	2217	+
	2218	+
	2219	+
	2220	+
	2221	+	HB1293 - 59 - LRB103 05843 KTG 50863 b
	2222	+
	2223	+
	2224	+	HB1293- 60 -LRB103 05843 KTG 50863 b HB1293 - 60 - LRB103 05843 KTG 50863 b
	2225	+	HB1293 - 60 - LRB103 05843 KTG 50863 b
	2226	+	1 or all of such restitution on the minor's behalf.
	2227	+	2 (5) Any order for disposition where the minor is committed
	2228	+	3 or placed in accordance with Section 2-27 shall provide for
	2229	+	4 the parents or guardian of the estate of such minor to pay to
	2230	+	5 the legal custodian or guardian of the person of the minor such
	2231	+	6 sums as are determined by the custodian or guardian of the
	2232	+	7 person of the minor as necessary for the minor's needs. Such
	2233	+	8 payments may not exceed the maximum amounts provided for by
	2234	+	9 Section 9.1 of the Children and Family Services Act.
	2235	+	10 (6) Whenever the order of disposition requires the minor
	2236	+	11 to attend school or participate in a program of training, the
	2237	+	12 truant officer or designated school official shall regularly
	2238	+	13 report to the court if the minor is a chronic or habitual
	2239	+	14 truant under Section 26-2a of the School Code.
	2240	+	15 (7) The court may terminate the parental rights of a
	2241	+	16 parent at the initial dispositional hearing if all of the
	2242	+	17 conditions in subsection (5) of Section 2-21 are met.
	2243	+	18 (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
	2244	+	19 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
	2245	+	20 Sec. 2-31. Duration of wardship and discharge of
	2246	+	21 proceedings.
	2247	+	22 (1) All proceedings under Article II of this Act in
	2248	+	23 respect of any minor automatically terminate upon his or her
	2249	+	24 attaining the age of 23 21 years.
	2250	+	25 (2) Whenever the court determines, and makes written
	2251	+
	2252	+
	2253	+
	2254	+
	2255	+
	2256	+	HB1293 - 60 - LRB103 05843 KTG 50863 b
	2257	+
	2258	+
	2259	+	HB1293- 61 -LRB103 05843 KTG 50863 b HB1293 - 61 - LRB103 05843 KTG 50863 b
	2260	+	HB1293 - 61 - LRB103 05843 KTG 50863 b
	2261	+	1 factual findings, that health, safety, and the best interests
	2262	+	2 of the minor and the public no longer require the wardship of
	2263	+	3 the court, the court shall order the wardship terminated and
	2264	+	4 all proceedings under this Act respecting that minor finally
	2265	+	5 closed and discharged. The court may at the same time continue
	2266	+	6 or terminate any custodianship or guardianship theretofore
	2267	+	7 ordered but the termination must be made in compliance with
	2268	+	8 Section 2-28. When terminating wardship under this Section, if
	2269	+	9 the minor is over 18 or if wardship is terminated in
	2270	+	10 conjunction with an order partially or completely emancipating
	2271	+	11 the minor in accordance with the Emancipation of Minors Act,
	2272	+	12 the court shall also consider the following factors, in
	2273	+	13 addition to the health, safety, and best interest of the minor
	2274	+	14 and the public: (A) the minor's wishes regarding case closure;
	2275	+	15 (B) the manner in which the minor will maintain independence
	2276	+	16 without services from the Department; (C) the minor's
	2277	+	17 engagement in services including placement offered by the
	2278	+	18 Department; (D) if the minor is not engaged, the Department's
	2279	+	19 efforts to engage the minor; (E) the nature of communication
	2280	+	20 between the minor and the Department; (F) the minor's
	2281	+	21 involvement in other State systems or services; (G) the
	2282	+	22 minor's connections with family and other community support;
	2283	+	23 and (H) any other factor the court deems relevant. The minor's
	2284	+	24 lack of cooperation with services provided by the Department
	2285	+	25 of Children and Family Services shall not by itself be
	2286	+	26 considered sufficient evidence that the minor is prepared to
	2287	+
	2288	+
	2289	+
	2290	+
	2291	+
	2292	+	HB1293 - 61 - LRB103 05843 KTG 50863 b
	2293	+
	2294	+
	2295	+	HB1293- 62 -LRB103 05843 KTG 50863 b HB1293 - 62 - LRB103 05843 KTG 50863 b
	2296	+	HB1293 - 62 - LRB103 05843 KTG 50863 b
	2297	+	1 live independently and that it is in the best interest of the
	2298	+	2 minor to terminate wardship. It shall not be in the minor's
	2299	+	3 best interest to terminate wardship of a minor over the age of
	2300	+	4 18 who is in the guardianship of the Department of Children and
	2301	+	5 Family Services if the Department has not made reasonable
	2302	+	6 efforts to ensure that the minor has documents necessary for
	2303	+	7 adult living as provided in Section 35.10 of the Children and
	2304	+	8 Family Services Act.
	2305	+	9 (3) The wardship of the minor and any custodianship or
	2306	+	10 guardianship respecting the minor for whom a petition was
	2307	+	11 filed after July 24, 1991 (the effective date of Public Act
	2308	+	12 87-14) automatically terminates when he attains the age of 19
	2309	+	13 years, except as set forth in subsection (1) of this Section.
	2310	+	14 The clerk of the court shall at that time record all
	2311	+	15 proceedings under this Act as finally closed and discharged
	2312	+	16 for that reason. The provisions of this subsection (3) become
	2313	+	17 inoperative on and after July 12, 2019 (the effective date of
	2314	+	18 Public Act 101-78).
	2315	+	19 (4) Notwithstanding any provision of law to the contrary,
	2316	+	20 the changes made by Public Act 101-78 apply to all cases that
	2317	+	21 are pending on or after July 12, 2019 (the effective date of
	2318	+	22 Public Act 101-78).
	2319	+	23 (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
	2320	+	24 (705 ILCS 405/2-33)
	2321	+	25 Sec. 2-33. Supplemental petition to reinstate wardship.
	2322	+
	2323	+
	2324	+
	2325	+
	2326	+
	2327	+	HB1293 - 62 - LRB103 05843 KTG 50863 b
	2328	+
	2329	+
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	2331	+	HB1293 - 63 - LRB103 05843 KTG 50863 b
	2332	+	1 (1) Any time prior to a minor's 18th birthday, pursuant to
	2333	+	2 a supplemental petition filed under this Section, the court
	2334	+	3 may reinstate wardship and open a previously closed case when:
	2335	+	4 (a) wardship and guardianship under the Juvenile Court
	2336	+	5 Act of 1987 was vacated in conjunction with the
	2337	+	6 appointment of a private guardian under the Probate Act of
	2338	+	7 1975;
	2339	+	8 (b) the minor is not presently a ward of the court
	2340	+	9 under Article II of this Act nor is there a petition for
	2341	+	10 adjudication of wardship pending on behalf of the minor;
	2342	+	11 and
	2343	+	12 (c) it is in the minor's best interest that wardship
	2344	+	13 be reinstated.
	2345	+	14 (2) Any time prior to a minor's 23rd 21st birthday,
	2346	+	15 pursuant to a supplemental petition filed under this Section,
	2347	+	16 the court may reinstate wardship and open a previously closed
	2348	+	17 case when:
	2349	+	18 (a) wardship and guardianship under this Act was
	2350	+	19 vacated pursuant to:
	2351	+	20 (i) an order entered under subsection (2) of
	2352	+	21 Section 2-31 in the case of a minor over the age of 18;
	2353	+	22 (ii) closure of a case under subsection (2) of
	2354	+	23 Section 2-31 in the case of a minor under the age of 18
	2355	+	24 who has been partially or completely emancipated in
	2356	+	25 accordance with the Emancipation of Minors Act; or
	2357	+	26 (iii) an order entered under subsection (3) of
	2358	+
	2359	+
	2360	+
	2361	+
	2362	+
	2363	+	HB1293 - 63 - LRB103 05843 KTG 50863 b
	2364	+
	2365	+
	2366	+	HB1293- 64 -LRB103 05843 KTG 50863 b HB1293 - 64 - LRB103 05843 KTG 50863 b
	2367	+	HB1293 - 64 - LRB103 05843 KTG 50863 b
	2368	+	1 Section 2-31 based on the minor's attaining the age of
	2369	+	2 19 years before the effective date of this amendatory
	2370	+	3 Act of the 101st General Assembly;
	2371	+	4 (b) the minor is not presently a ward of the court
	2372	+	5 under Article II of this Act nor is there a petition for
	2373	+	6 adjudication of wardship pending on behalf of the minor;
	2374	+	7 and
	2375	+	8 (c) it is in the minor's best interest that wardship
	2376	+	9 be reinstated.
	2377	+	10 (3) The supplemental petition must be filed in the same
	2378	+	11 proceeding in which the original adjudication order was
	2379	+	12 entered. Unless excused by court for good cause shown, the
	2380	+	13 petitioner shall give notice of the time and place of the
	2381	+	14 hearing on the supplemental petition, in person or by mail, to
	2382	+	15 the minor, if the minor is 14 years of age or older, and to the
	2383	+	16 parties to the juvenile court proceeding. Notice shall be
	2384	+	17 provided at least 3 court days in advance of the hearing date.
	2385	+	18 (3.5) Whenever a petition is filed to reinstate wardship
	2386	+	19 pursuant to subsection (1), prior to granting the petition,
	2387	+	20 the court may order the Department of Children and Family
	2388	+	21 Services to assess the minor's current and proposed living
	2389	+	22 arrangements and to provide ongoing monitoring of the health,
	2390	+	23 safety, and best interest of the minor during the pendency of
	2391	+	24 the petition to assist the court in making that determination.
	2392	+	25 (4) A minor who is the subject of a petition to reinstate
	2393	+	26 wardship under this Section shall be provided with
	2394	+
	2395	+
	2396	+
	2397	+
	2398	+
	2399	+	HB1293 - 64 - LRB103 05843 KTG 50863 b
	2400	+
	2401	+
	2402	+	HB1293- 65 -LRB103 05843 KTG 50863 b HB1293 - 65 - LRB103 05843 KTG 50863 b
	2403	+	HB1293 - 65 - LRB103 05843 KTG 50863 b
	2404	+	1 representation in accordance with Sections 1-5 and 2-17 of
	2405	+	2 this Act.
	2406	+	3 (5) Whenever a minor is committed to the Department of
	2407	+	4 Children and Family Services for care and services following
	2408	+	5 the reinstatement of wardship under this Section, the
	2409	+	6 Department shall:
	2410	+	7 (a) Within 30 days of such commitment, prepare and
	2411	+	8 file with the court a case plan which complies with the
	2412	+	9 federal Adoption Assistance and Child Welfare Act of 1980
	2413	+	10 and is consistent with the health, safety and best
	2414	+	11 interests of the minor; and
	2415	+	12 (b) Promptly refer the minor for such services as are
	2416	+	13 necessary and consistent with the minor's health, safety
	2417	+	14 and best interests.
	2418	+	15 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
	2419	+	16 (705 ILCS 405/2-34)
	2420	+	17 Sec. 2-34. Motion to reinstate parental rights.
	2421	+	18 (1) For purposes of this subsection (1), the term "parent"
	2422	+	19 refers to the person or persons whose rights were terminated
	2423	+	20 as described in paragraph (a) of this subsection; and the term
	2424	+	21 "minor" means a person under the age of 23 21 years subject to
	2425	+	22 this Act for whom the Department of Children and Family
	2426	+	23 Services Guardianship Administrator is appointed the temporary
	2427	+	24 custodian or guardian.
	2428	+	25 A motion to reinstate parental rights may be filed only by
	2429	+
	2430	+
	2431	+
	2432	+
	2433	+
	2434	+	HB1293 - 65 - LRB103 05843 KTG 50863 b
	2435	+
	2436	+
	2437	+	HB1293- 66 -LRB103 05843 KTG 50863 b HB1293 - 66 - LRB103 05843 KTG 50863 b
	2438	+	HB1293 - 66 - LRB103 05843 KTG 50863 b
	2439	+	1 the Department of Children and Family Services or the minor
	2440	+	2 regarding any minor who is presently a ward of the court under
	2441	+	3 Article II of this Act when all the conditions set out in
	2442	+	4 paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
	2443	+	5 subsection (1) are met:
	2444	+	6 (a) while the minor was under the jurisdiction of the
	2445	+	7 court under Article II of this Act, the minor's parent or
	2446	+	8 parents surrendered the minor for adoption to an agency
	2447	+	9 legally authorized to place children for adoption, or the
	2448	+	10 minor's parent or parents consented to his or her
	2449	+	11 adoption, or the minor's parent or parents consented to
	2450	+	12 his or her adoption by a specified person or persons, or
	2451	+	13 the parent or parents' rights were terminated pursuant to
	2452	+	14 a finding of unfitness pursuant to Section 2-29 of this
	2453	+	15 Act and a guardian was appointed with the power to consent
	2454	+	16 to adoption pursuant to Section 2-29 of this Act; and
	2455	+	17 (b) (i) since the signing of the surrender, the
	2456	+	18 signing of the consent, or the unfitness finding, the
	2457	+	19 minor has remained a ward of the Court under Article II of
	2458	+	20 this Act; or
	2459	+	21 (ii) the minor was made a ward of the Court, the minor
	2460	+	22 was placed in the private guardianship of an individual or
	2461	+	23 individuals, and after the appointment of a private
	2462	+	24 guardian and a new petition alleging abuse, neglect, or
	2463	+	25 dependency pursuant to Section 2-3 or 2-4 is filed, and
	2464	+	26 the minor is again found by the court to be abused,
	2465	+
	2466	+
	2467	+
	2468	+
	2469	+
	2470	+	HB1293 - 66 - LRB103 05843 KTG 50863 b
	2471	+
	2472	+
	2473	+	HB1293- 67 -LRB103 05843 KTG 50863 b HB1293 - 67 - LRB103 05843 KTG 50863 b
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	2475	+	1 neglected or dependent; or a supplemental petition to
	2476	+	2 reinstate wardship is filed pursuant to Section 2-33, and
	2477	+	3 the court reinstates wardship; or
	2478	+	4 (iii) the minor was made a ward of the Court, wardship
	2479	+	5 was terminated after the minor was adopted, after the
	2480	+	6 adoption a new petition alleging abuse, neglect, or
	2481	+	7 dependency pursuant to Section 2-3 or 2-4 is filed, and
	2482	+	8 the minor is again found by the court to be abused,
	2483	+	9 neglected, or dependent, and either (i) the adoptive
	2484	+	10 parent or parents are deceased, (ii) the adoptive parent
	2485	+	11 or parents signed a surrender of parental rights, or (iii)
	2486	+	12 the parental rights of the adoptive parent or parents were
	2487	+	13 terminated;
	2488	+	14 (c) the minor is not currently in a placement likely
	2489	+	15 to achieve permanency;
	2490	+	16 (d) it is in the minor's best interest that parental
	2491	+	17 rights be reinstated;
	2492	+	18 (e) the parent named in the motion wishes parental
	2493	+	19 rights to be reinstated and is currently appropriate to
	2494	+	20 have rights reinstated;
	2495	+	21 (f) more than 3 years have lapsed since the signing of
	2496	+	22 the consent or surrender, or the entry of the order
	2497	+	23 appointing a guardian with the power to consent to
	2498	+	24 adoption;
	2499	+	25 (g) (i) the child is 13 years of age or older or (ii)
	2500	+	26 the child is the younger sibling of such child, 13 years of
	2501	+
	2502	+
	2503	+
	2504	+
	2505	+
	2506	+	HB1293 - 67 - LRB103 05843 KTG 50863 b
	2507	+
	2508	+
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	2510	+	HB1293 - 68 - LRB103 05843 KTG 50863 b
	2511	+	1 age or older, for whom reinstatement of parental rights is
	2512	+	2 being sought and the younger sibling independently meets
	2513	+	3 the criteria set forth in paragraphs (a) through (h) of
	2514	+	4 this subsection; and
	2515	+	5 (h) if the court has previously denied a motion to
	2516	+	6 reinstate parental rights filed by the Department, there
	2517	+	7 has been a substantial change in circumstances following
	2518	+	8 the denial of the earlier motion.
	2519	+	9 (2) The motion may be filed only by the Department of
	2520	+	10 Children and Family Services or by the minor. Unless excused
	2521	+	11 by the court for good cause shown, the movant shall give notice
	2522	+	12 of the time and place of the hearing on the motion, in person
	2523	+	13 or by mail, to the parties to the juvenile court proceeding.
	2524	+	14 Notice shall be provided at least 14 days in advance of the
	2525	+	15 hearing date. The motion shall include the allegations
	2526	+	16 required in subsection (1) of this Section.
	2527	+	17 (3) Any party may file a motion to dismiss the motion with
	2528	+	18 prejudice on the basis that the parent has intentionally acted
	2529	+	19 to prevent the child from being adopted, after parental rights
	2530	+	20 were terminated or the parent intentionally acted to disrupt
	2531	+	21 the child's adoption. If the court finds by a preponderance of
	2532	+	22 the evidence that the parent has intentionally acted to
	2533	+	23 prevent the child from being adopted, after parental rights
	2534	+	24 were terminated or that the parent intentionally acted to
	2535	+	25 disrupt the child's adoption, the court shall dismiss the
	2536	+	26 petition with prejudice.
	2537	+
	2538	+
	2539	+
	2540	+
	2541	+
	2542	+	HB1293 - 68 - LRB103 05843 KTG 50863 b
	2543	+
	2544	+
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	2547	+	1 (4) The court shall not grant a motion for reinstatement
	2548	+	2 of parental rights unless the court finds that the motion is
	2549	+	3 supported by clear and convincing evidence. In ruling on a
	2550	+	4 motion to reinstate parental rights, the court shall make
	2551	+	5 findings consistent with the requirements in subsection (1) of
	2552	+	6 this Section. The court shall consider the reasons why the
	2553	+	7 child was initially brought to the attention of the court, the
	2554	+	8 history of the child's case as it relates to the parent seeking
	2555	+	9 reinstatement, and the current circumstances of the parent for
	2556	+	10 whom reinstatement of rights is sought. If reinstatement is
	2557	+	11 being considered subsequent to a finding of unfitness pursuant
	2558	+	12 to Section 2-29 of this Act having been entered with respect to
	2559	+	13 the parent whose rights are being restored, the court in
	2560	+	14 determining the minor's best interest shall consider, in
	2561	+	15 addition to the factors set forth in paragraph (4.05) of
	2562	+	16 Section 1-3 of this Act, the specific grounds upon which the
	2563	+	17 unfitness findings were made. Upon the entry of an order
	2564	+	18 granting a motion to reinstate parental rights, parental
	2565	+	19 rights of the parent named in the order shall be reinstated,
	2566	+	20 any previous order appointing a guardian with the power to
	2567	+	21 consent to adoption shall be void and with respect to the
	2568	+	22 parent named in the order, any consent shall be void.
	2569	+	23 (5) If the case is post-disposition, the court, upon the
	2570	+	24 entry of an order granting a motion to reinstate parental
	2571	+	25 rights, shall schedule the matter for a permanency hearing
	2572	+	26 pursuant to Section 2-28 of this Act within 45 days.
	2573	+
	2574	+
	2575	+
	2576	+
	2577	+
	2578	+	HB1293 - 69 - LRB103 05843 KTG 50863 b
	2579	+
	2580	+
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	2583	+	1 (6) Custody of the minor shall not be restored to the
	2584	+	2 parent, except by order of court pursuant to subsection (4) of
	2585	+	3 Section 2-28 of this Act.
	2586	+	4 (7) In any case involving a child over the age of 13 who
	2587	+	5 meets the criteria established in this Section for
	2588	+	6 reinstatement of parental rights, the Department of Children
	2589	+	7 and Family Services shall conduct an assessment of the child's
	2590	+	8 circumstances to assist in future planning for the child,
	2591	+	9 including, but not limited to a determination regarding the
	2592	+	10 appropriateness of filing a motion to reinstate parental
	2593	+	11 rights.
	2594	+	12 (8) (Blank).
	2595	+	13 (Source: P.A. 98-477, eff. 8-16-13.)
	2596	+
	2597	+
	2598	+
	2599	+
	2600	+
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