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Illinois Senate Bill SB0724

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0724 Compare Versions

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1-Public Act 103-0546
21 SB0724 EnrolledLRB103 29722 SPS 56127 b SB0724 Enrolled LRB103 29722 SPS 56127 b
32 SB0724 Enrolled LRB103 29722 SPS 56127 b
4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the
8-Interagency Children's Behavioral Health Services Act.
9-Section 5. Children's Behavioral Health Transformation
10-Initiative. This Act establishes a Children's Behavioral
11-Health Transformation Officer. The Officer shall lead the
12-State's comprehensive, interagency effort to ensure that youth
13-with significant and complex behavioral health needs receive
14-appropriate community and residential services and that the
15-State-supported system is transparent and easier for youth and
16-their families to navigate. The Officer shall serve as a
17-policymaker and spokesperson on children's behavioral health,
18-including coordinating the interagency effort through
19-legislation, rules, and budgets and communicating with the
20-General Assembly and federal and local leaders on these
21-critical issues.
22-An Interagency Children's Behavioral Health Services Team
23-is established to find appropriate services, residential
24-treatment, and support for children identified by each
25-participating agency as requiring enhanced agency
26-collaboration to identify and obtain treatment in a
3+1 AN ACT concerning health.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the
7+5 Interagency Children's Behavioral Health Services Act.
8+6 Section 5. Children's Behavioral Health Transformation
9+7 Initiative. This Act establishes a Children's Behavioral
10+8 Health Transformation Officer. The Officer shall lead the
11+9 State's comprehensive, interagency effort to ensure that youth
12+10 with significant and complex behavioral health needs receive
13+11 appropriate community and residential services and that the
14+12 State-supported system is transparent and easier for youth and
15+13 their families to navigate. The Officer shall serve as a
16+14 policymaker and spokesperson on children's behavioral health,
17+15 including coordinating the interagency effort through
18+16 legislation, rules, and budgets and communicating with the
19+17 General Assembly and federal and local leaders on these
20+18 critical issues.
21+19 An Interagency Children's Behavioral Health Services Team
22+20 is established to find appropriate services, residential
23+21 treatment, and support for children identified by each
24+22 participating agency as requiring enhanced agency
25+23 collaboration to identify and obtain treatment in a
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33-residential setting. Responsibilities of each participating
34-agency shall be outlined in an interagency agreement between
35-all the relevant State agencies.
36-Section 10. Interagency agreement. In order to establish
37-the Interagency Children's Behavioral Health Services Team,
38-within 90 days after the effective date of this Act, the
39-Department of Children of Family Services, the Department of
40-Human Services, the Department of Healthcare and Family
41-Services, the Illinois State Board of Education, the
42-Department of Juvenile Justice, and the Department of Public
43-Health shall enter into an interagency agreement for the
44-purpose of establishing the roles and responsibilities of each
45-participating agency.
46-The interagency agreement, among other things, shall
47-address all of the following:
48-(1) Require each participating agency to assign staff
49-to the Interagency Children's Behavioral Health Services
50-Team who have operational knowledge of and decision-making
51-authority over the agency's children's behavioral health
52-programs and services.
53-(2) Set criteria to identify children whose cases will
54-be presented to the Interagency Children's Behavioral
55-Health Services Team for prioritized review. Criteria
56-shall include, but not be limited to:
57-(A) the length of time the child has been
58-
59-
60-clinically approved for residential services through
61-existing funding streams but has not been admitted to
62-an appropriate program;
63-(B) the length of time the child has been in a
64-hospital emergency department or medical unit seeking
65-inpatient treatment for psychiatric or behavioral
66-health emergency;
67-(C) the length of time the child has been in a
68-psychiatric or general acute care hospital for
69-inpatient psychiatric treatment beyond medical
70-necessity;
71-(D) the risk of being taken into the custody of the
72-Department of Children and Family Services in the
73-absence of abuse or neglect as defined by the Abused
74-and Neglected Child Reporting Act or the Juvenile
75-Court Act of 1987 for the sole purpose of obtaining
76-behavioral health services or residential treatment;
77-(E) other circumstances that require enhanced
78-interagency collaboration to find appropriate services
79-for the child.
80-(3) Require each agency, or its designee, to present
81-each identified child's clinical case, to the extent
82-permitted by State and federal law, to the Interagency
83-Children's Behavioral Health Services Team during regular
84-team meetings to outline the child's needs and to
85-determine if any of the participating agencies have
86-
87-
88-residential or other supportive services that may be
89-available for the child to ensure that the child receives
90-appropriate treatment, including residential treatment if
91-necessary, as soon as possible.
92-(4) Require the Community and Residential Services
93-Authority to notify the Interagency Children's Behavioral
94-Health Services Team of any child that has been referred
95-for services who meet the criteria set forth in paragraph
96-(2) and to present the clinical cases for the child to the
97-interagency team to determine if any agency program can
98-assist the child.
99-(5) Require the participating agencies to develop a
100-quarterly analysis, to be submitted to the General
101-Assembly, the Governor's Office, and the Community and
102-Residential Services Authority including the following
103-information, to the extent permitted by State and federal
104-law:
105-(A) the number of children presented to the team;
106-(B) the children's clinical presentations that
107-required enhanced agency collaboration;
108-(C) the types of services including residential
109-treatment that were needed to appropriately support
110-the aggregate needs of children presented;
111-(D) the timeframe it took to find placement or
112-appropriate services; and
113-(E) any other data or information the Interagency
114-
115-
116-Children's Behavioral Health Services Team deems
117-appropriate.
118-All information collected, shared, or stored pursuant to
119-this Section shall be handled in accordance with all State and
120-federal privacy laws and accompanying regulations and rules,
121-including without limitation the federal Health Insurance
122-Portability and Accountability Act of 1996 (Public Law
123-104-191) and the Mental Health and Developmental Disabilities
124-Confidentiality Act.
125-Nothing in this Section shall be construed or applied in a
126-manner that would conflict with, diminish, or infringe upon,
127-any State agency's obligation to comply fully with
128-requirements imposed under a court order or State or federal
129-consent decree applicable to that agency.
130-Section 15. The Children and Family Services Act is
131-amended by changing Sections 5 and 17 as follows:
132-(20 ILCS 505/5) (from Ch. 23, par. 5005)
133-Sec. 5. Direct child welfare services; Department of
134-Children and Family Services. To provide direct child welfare
135-services when not available through other public or private
136-child care or program facilities.
137-(a) For purposes of this Section:
138-(1) "Children" means persons found within the State
139-who are under the age of 18 years. The term also includes
140-
141-
142-persons under age 21 who:
143-(A) were committed to the Department pursuant to
144-the Juvenile Court Act or the Juvenile Court Act of
145-1987 and who continue under the jurisdiction of the
146-court; or
147-(B) were accepted for care, service and training
148-by the Department prior to the age of 18 and whose best
149-interest in the discretion of the Department would be
150-served by continuing that care, service and training
151-because of severe emotional disturbances, physical
152-disability, social adjustment or any combination
153-thereof, or because of the need to complete an
154-educational or vocational training program.
155-(2) "Homeless youth" means persons found within the
156-State who are under the age of 19, are not in a safe and
157-stable living situation and cannot be reunited with their
158-families.
159-(3) "Child welfare services" means public social
160-services which are directed toward the accomplishment of
161-the following purposes:
162-(A) protecting and promoting the health, safety
163-and welfare of children, including homeless,
164-dependent, or neglected children;
165-(B) remedying, or assisting in the solution of
166-problems which may result in, the neglect, abuse,
167-exploitation, or delinquency of children;
168-
169-
170-(C) preventing the unnecessary separation of
171-children from their families by identifying family
172-problems, assisting families in resolving their
173-problems, and preventing the breakup of the family
174-where the prevention of child removal is desirable and
175-possible when the child can be cared for at home
176-without endangering the child's health and safety;
177-(D) restoring to their families children who have
178-been removed, by the provision of services to the
179-child and the families when the child can be cared for
180-at home without endangering the child's health and
181-safety;
182-(E) placing children in suitable adoptive homes,
183-in cases where restoration to the biological family is
184-not safe, possible, or appropriate;
185-(F) assuring safe and adequate care of children
186-away from their homes, in cases where the child cannot
187-be returned home or cannot be placed for adoption. At
188-the time of placement, the Department shall consider
189-concurrent planning, as described in subsection (l-1)
190-of this Section so that permanency may occur at the
191-earliest opportunity. Consideration should be given so
192-that if reunification fails or is delayed, the
193-placement made is the best available placement to
194-provide permanency for the child;
195-(G) (blank);
196-
197-
198-(H) (blank); and
199-(I) placing and maintaining children in facilities
200-that provide separate living quarters for children
201-under the age of 18 and for children 18 years of age
202-and older, unless a child 18 years of age is in the
203-last year of high school education or vocational
204-training, in an approved individual or group treatment
205-program, in a licensed shelter facility, or secure
206-child care facility. The Department is not required to
207-place or maintain children:
208-(i) who are in a foster home, or
209-(ii) who are persons with a developmental
210-disability, as defined in the Mental Health and
211-Developmental Disabilities Code, or
212-(iii) who are female children who are
213-pregnant, pregnant and parenting, or parenting, or
214-(iv) who are siblings, in facilities that
215-provide separate living quarters for children 18
216-years of age and older and for children under 18
217-years of age.
218-(b) (Blank).
219-(b-5) The Department shall adopt rules to establish a
220-process for all licensed residential providers in Illinois to
221-submit data as required by the Department, if they contract or
222-receive reimbursement for children's mental health, substance
223-use, and developmental disability services from the Department
224-
225-
226-of Human Services, the Department of Juvenile Justice, or the
227-Department of Healthcare and Family Services. The requested
228-data must include, but is not limited to, capacity, staffing,
229-and occupancy data for the purpose of establishing State need
230-and placement availability.
231-All information collected, shared, or stored pursuant to
232-this subsection shall be handled in accordance with all State
233-and federal privacy laws and accompanying regulations and
234-rules, including without limitation the federal Health
235-Insurance Portability and Accountability Act of 1996 (Public
236-Law 104-191) and the Mental Health and Developmental
237-Disabilities Confidentiality Act.
238-(c) The Department shall establish and maintain
239-tax-supported child welfare services and extend and seek to
240-improve voluntary services throughout the State, to the end
241-that services and care shall be available on an equal basis
242-throughout the State to children requiring such services.
243-(d) The Director may authorize advance disbursements for
244-any new program initiative to any agency contracting with the
245-Department. As a prerequisite for an advance disbursement, the
246-contractor must post a surety bond in the amount of the advance
247-disbursement and have a purchase of service contract approved
248-by the Department. The Department may pay up to 2 months
249-operational expenses in advance. The amount of the advance
250-disbursement shall be prorated over the life of the contract
251-or the remaining months of the fiscal year, whichever is less,
252-
253-
254-and the installment amount shall then be deducted from future
255-bills. Advance disbursement authorizations for new initiatives
256-shall not be made to any agency after that agency has operated
257-during 2 consecutive fiscal years. The requirements of this
258-Section concerning advance disbursements shall not apply with
259-respect to the following: payments to local public agencies
260-for child day care services as authorized by Section 5a of this
261-Act; and youth service programs receiving grant funds under
262-Section 17a-4.
263-(e) (Blank).
264-(f) (Blank).
265-(g) The Department shall establish rules and regulations
266-concerning its operation of programs designed to meet the
267-goals of child safety and protection, family preservation,
268-family reunification, and adoption, including, but not limited
269-to:
270-(1) adoption;
271-(2) foster care;
272-(3) family counseling;
273-(4) protective services;
274-(5) (blank);
275-(6) homemaker service;
276-(7) return of runaway children;
277-(8) (blank);
278-(9) placement under Section 5-7 of the Juvenile Court
279-Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
280-
281-
282-Court Act of 1987 in accordance with the federal Adoption
283-Assistance and Child Welfare Act of 1980; and
284-(10) interstate services.
285-Rules and regulations established by the Department shall
286-include provisions for training Department staff and the staff
287-of Department grantees, through contracts with other agencies
288-or resources, in screening techniques to identify substance
289-use disorders, as defined in the Substance Use Disorder Act,
290-approved by the Department of Human Services, as a successor
291-to the Department of Alcoholism and Substance Abuse, for the
292-purpose of identifying children and adults who should be
293-referred for an assessment at an organization appropriately
294-licensed by the Department of Human Services for substance use
295-disorder treatment.
296-(h) If the Department finds that there is no appropriate
297-program or facility within or available to the Department for
298-a youth in care and that no licensed private facility has an
299-adequate and appropriate program or none agrees to accept the
300-youth in care, the Department shall create an appropriate
301-individualized, program-oriented plan for such youth in care.
302-The plan may be developed within the Department or through
303-purchase of services by the Department to the extent that it is
304-within its statutory authority to do.
305-(i) Service programs shall be available throughout the
306-State and shall include but not be limited to the following
307-services:
308-
309-
310-(1) case management;
311-(2) homemakers;
312-(3) counseling;
313-(4) parent education;
314-(5) day care; and
315-(6) emergency assistance and advocacy.
316-In addition, the following services may be made available
317-to assess and meet the needs of children and families:
318-(1) comprehensive family-based services;
319-(2) assessments;
320-(3) respite care; and
321-(4) in-home health services.
322-The Department shall provide transportation for any of the
323-services it makes available to children or families or for
324-which it refers children or families.
325-(j) The Department may provide categories of financial
326-assistance and education assistance grants, and shall
327-establish rules and regulations concerning the assistance and
328-grants, to persons who adopt children with physical or mental
329-disabilities, children who are older, or other hard-to-place
330-children who (i) immediately prior to their adoption were
331-youth in care or (ii) were determined eligible for financial
332-assistance with respect to a prior adoption and who become
333-available for adoption because the prior adoption has been
334-dissolved and the parental rights of the adoptive parents have
335-been terminated or because the child's adoptive parents have
336-
337-
338-died. The Department may continue to provide financial
339-assistance and education assistance grants for a child who was
340-determined eligible for financial assistance under this
341-subsection (j) in the interim period beginning when the
342-child's adoptive parents died and ending with the finalization
343-of the new adoption of the child by another adoptive parent or
344-parents. The Department may also provide categories of
345-financial assistance and education assistance grants, and
346-shall establish rules and regulations for the assistance and
347-grants, to persons appointed guardian of the person under
348-Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
349-4-25, or 5-740 of the Juvenile Court Act of 1987 for children
350-who were youth in care for 12 months immediately prior to the
351-appointment of the guardian.
352-The amount of assistance may vary, depending upon the
353-needs of the child and the adoptive parents, as set forth in
354-the annual assistance agreement. Special purpose grants are
355-allowed where the child requires special service but such
356-costs may not exceed the amounts which similar services would
357-cost the Department if it were to provide or secure them as
358-guardian of the child.
359-Any financial assistance provided under this subsection is
360-inalienable by assignment, sale, execution, attachment,
361-garnishment, or any other remedy for recovery or collection of
362-a judgment or debt.
363-(j-5) The Department shall not deny or delay the placement
364-
365-
366-of a child for adoption if an approved family is available
367-either outside of the Department region handling the case, or
368-outside of the State of Illinois.
369-(k) The Department shall accept for care and training any
370-child who has been adjudicated neglected or abused, or
371-dependent committed to it pursuant to the Juvenile Court Act
372-or the Juvenile Court Act of 1987.
373-(l) The Department shall offer family preservation
374-services, as defined in Section 8.2 of the Abused and
375-Neglected Child Reporting Act, to help families, including
376-adoptive and extended families. Family preservation services
377-shall be offered (i) to prevent the placement of children in
378-substitute care when the children can be cared for at home or
379-in the custody of the person responsible for the children's
380-welfare, (ii) to reunite children with their families, or
381-(iii) to maintain an adoptive placement. Family preservation
382-services shall only be offered when doing so will not endanger
383-the children's health or safety. With respect to children who
384-are in substitute care pursuant to the Juvenile Court Act of
385-1987, family preservation services shall not be offered if a
386-goal other than those of subdivisions (A), (B), or (B-1) of
387-subsection (2) of Section 2-28 of that Act has been set, except
388-that reunification services may be offered as provided in
389-paragraph (F) of subsection (2) of Section 2-28 of that Act.
390-Nothing in this paragraph shall be construed to create a
391-private right of action or claim on the part of any individual
392-
393-
394-or child welfare agency, except that when a child is the
395-subject of an action under Article II of the Juvenile Court Act
396-of 1987 and the child's service plan calls for services to
397-facilitate achievement of the permanency goal, the court
398-hearing the action under Article II of the Juvenile Court Act
399-of 1987 may order the Department to provide the services set
400-out in the plan, if those services are not provided with
401-reasonable promptness and if those services are available.
402-The Department shall notify the child and his family of
403-the Department's responsibility to offer and provide family
404-preservation services as identified in the service plan. The
405-child and his family shall be eligible for services as soon as
406-the report is determined to be "indicated". The Department may
407-offer services to any child or family with respect to whom a
408-report of suspected child abuse or neglect has been filed,
409-prior to concluding its investigation under Section 7.12 of
410-the Abused and Neglected Child Reporting Act. However, the
411-child's or family's willingness to accept services shall not
412-be considered in the investigation. The Department may also
413-provide services to any child or family who is the subject of
414-any report of suspected child abuse or neglect or may refer
415-such child or family to services available from other agencies
416-in the community, even if the report is determined to be
417-unfounded, if the conditions in the child's or family's home
418-are reasonably likely to subject the child or family to future
419-reports of suspected child abuse or neglect. Acceptance of
420-
421-
422-such services shall be voluntary. The Department may also
423-provide services to any child or family after completion of a
424-family assessment, as an alternative to an investigation, as
425-provided under the "differential response program" provided
426-for in subsection (a-5) of Section 7.4 of the Abused and
427-Neglected Child Reporting Act.
428-The Department may, at its discretion except for those
429-children also adjudicated neglected or dependent, accept for
430-care and training any child who has been adjudicated addicted,
431-as a truant minor in need of supervision or as a minor
432-requiring authoritative intervention, under the Juvenile Court
433-Act or the Juvenile Court Act of 1987, but no such child shall
434-be committed to the Department by any court without the
435-approval of the Department. On and after January 1, 2015 (the
436-effective date of Public Act 98-803) and before January 1,
437-2017, a minor charged with a criminal offense under the
438-Criminal Code of 1961 or the Criminal Code of 2012 or
439-adjudicated delinquent shall not be placed in the custody of
440-or committed to the Department by any court, except (i) a minor
441-less than 16 years of age committed to the Department under
442-Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
443-for whom an independent basis of abuse, neglect, or dependency
444-exists, which must be defined by departmental rule, or (iii) a
445-minor for whom the court has granted a supplemental petition
446-to reinstate wardship pursuant to subsection (2) of Section
447-2-33 of the Juvenile Court Act of 1987. On and after January 1,
448-
449-
450-2017, a minor charged with a criminal offense under the
451-Criminal Code of 1961 or the Criminal Code of 2012 or
452-adjudicated delinquent shall not be placed in the custody of
453-or committed to the Department by any court, except (i) a minor
454-less than 15 years of age committed to the Department under
455-Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
456-for whom an independent basis of abuse, neglect, or dependency
457-exists, which must be defined by departmental rule, or (iii) a
458-minor for whom the court has granted a supplemental petition
459-to reinstate wardship pursuant to subsection (2) of Section
460-2-33 of the Juvenile Court Act of 1987. An independent basis
461-exists when the allegations or adjudication of abuse, neglect,
462-or dependency do not arise from the same facts, incident, or
463-circumstances which give rise to a charge or adjudication of
464-delinquency. The Department shall assign a caseworker to
465-attend any hearing involving a youth in the care and custody of
466-the Department who is placed on aftercare release, including
467-hearings involving sanctions for violation of aftercare
468-release conditions and aftercare release revocation hearings.
469-As soon as is possible after August 7, 2009 (the effective
470-date of Public Act 96-134), the Department shall develop and
471-implement a special program of family preservation services to
472-support intact, foster, and adoptive families who are
473-experiencing extreme hardships due to the difficulty and
474-stress of caring for a child who has been diagnosed with a
475-pervasive developmental disorder if the Department determines
476-
477-
478-that those services are necessary to ensure the health and
479-safety of the child. The Department may offer services to any
480-family whether or not a report has been filed under the Abused
481-and Neglected Child Reporting Act. The Department may refer
482-the child or family to services available from other agencies
483-in the community if the conditions in the child's or family's
484-home are reasonably likely to subject the child or family to
485-future reports of suspected child abuse or neglect. Acceptance
486-of these services shall be voluntary. The Department shall
487-develop and implement a public information campaign to alert
488-health and social service providers and the general public
489-about these special family preservation services. The nature
490-and scope of the services offered and the number of families
491-served under the special program implemented under this
492-paragraph shall be determined by the level of funding that the
493-Department annually allocates for this purpose. The term
494-"pervasive developmental disorder" under this paragraph means
495-a neurological condition, including, but not limited to,
496-Asperger's Syndrome and autism, as defined in the most recent
497-edition of the Diagnostic and Statistical Manual of Mental
498-Disorders of the American Psychiatric Association.
499-(l-1) The legislature recognizes that the best interests
500-of the child require that the child be placed in the most
501-permanent living arrangement as soon as is practically
502-possible. To achieve this goal, the legislature directs the
503-Department of Children and Family Services to conduct
504-
505-
506-concurrent planning so that permanency may occur at the
507-earliest opportunity. Permanent living arrangements may
508-include prevention of placement of a child outside the home of
509-the family when the child can be cared for at home without
510-endangering the child's health or safety; reunification with
511-the family, when safe and appropriate, if temporary placement
512-is necessary; or movement of the child toward the most
513-permanent living arrangement and permanent legal status.
514-When determining reasonable efforts to be made with
515-respect to a child, as described in this subsection, and in
516-making such reasonable efforts, the child's health and safety
517-shall be the paramount concern.
518-When a child is placed in foster care, the Department
519-shall ensure and document that reasonable efforts were made to
520-prevent or eliminate the need to remove the child from the
521-child's home. The Department must make reasonable efforts to
522-reunify the family when temporary placement of the child
523-occurs unless otherwise required, pursuant to the Juvenile
524-Court Act of 1987. At any time after the dispositional hearing
525-where the Department believes that further reunification
526-services would be ineffective, it may request a finding from
527-the court that reasonable efforts are no longer appropriate.
528-The Department is not required to provide further
529-reunification services after such a finding.
530-A decision to place a child in substitute care shall be
531-made with considerations of the child's health, safety, and
532-
533-
534-best interests. At the time of placement, consideration should
535-also be given so that if reunification fails or is delayed, the
536-placement made is the best available placement to provide
537-permanency for the child.
538-The Department shall adopt rules addressing concurrent
539-planning for reunification and permanency. The Department
540-shall consider the following factors when determining
541-appropriateness of concurrent planning:
542-(1) the likelihood of prompt reunification;
543-(2) the past history of the family;
544-(3) the barriers to reunification being addressed by
545-the family;
546-(4) the level of cooperation of the family;
547-(5) the foster parents' willingness to work with the
548-family to reunite;
549-(6) the willingness and ability of the foster family
550-to provide an adoptive home or long-term placement;
551-(7) the age of the child;
552-(8) placement of siblings.
553-(m) The Department may assume temporary custody of any
554-child if:
555-(1) it has received a written consent to such
556-temporary custody signed by the parents of the child or by
557-the parent having custody of the child if the parents are
558-not living together or by the guardian or custodian of the
559-child if the child is not in the custody of either parent,
560-
561-
562-or
563-(2) the child is found in the State and neither a
564-parent, guardian nor custodian of the child can be
565-located.
566-If the child is found in his or her residence without a parent,
567-guardian, custodian, or responsible caretaker, the Department
568-may, instead of removing the child and assuming temporary
569-custody, place an authorized representative of the Department
570-in that residence until such time as a parent, guardian, or
571-custodian enters the home and expresses a willingness and
572-apparent ability to ensure the child's health and safety and
573-resume permanent charge of the child, or until a relative
574-enters the home and is willing and able to ensure the child's
575-health and safety and assume charge of the child until a
576-parent, guardian, or custodian enters the home and expresses
577-such willingness and ability to ensure the child's safety and
578-resume permanent charge. After a caretaker has remained in the
579-home for a period not to exceed 12 hours, the Department must
580-follow those procedures outlined in Section 2-9, 3-11, 4-8, or
581-5-415 of the Juvenile Court Act of 1987.
582-The Department shall have the authority, responsibilities
583-and duties that a legal custodian of the child would have
584-pursuant to subsection (9) of Section 1-3 of the Juvenile
585-Court Act of 1987. Whenever a child is taken into temporary
586-custody pursuant to an investigation under the Abused and
587-Neglected Child Reporting Act, or pursuant to a referral and
588-
589-
590-acceptance under the Juvenile Court Act of 1987 of a minor in
591-limited custody, the Department, during the period of
592-temporary custody and before the child is brought before a
593-judicial officer as required by Section 2-9, 3-11, 4-8, or
594-5-415 of the Juvenile Court Act of 1987, shall have the
595-authority, responsibilities and duties that a legal custodian
596-of the child would have under subsection (9) of Section 1-3 of
597-the Juvenile Court Act of 1987.
598-The Department shall ensure that any child taken into
599-custody is scheduled for an appointment for a medical
600-examination.
601-A parent, guardian, or custodian of a child in the
602-temporary custody of the Department who would have custody of
603-the child if he were not in the temporary custody of the
604-Department may deliver to the Department a signed request that
605-the Department surrender the temporary custody of the child.
606-The Department may retain temporary custody of the child for
607-10 days after the receipt of the request, during which period
608-the Department may cause to be filed a petition pursuant to the
609-Juvenile Court Act of 1987. If a petition is so filed, the
610-Department shall retain temporary custody of the child until
611-the court orders otherwise. If a petition is not filed within
612-the 10-day period, the child shall be surrendered to the
613-custody of the requesting parent, guardian, or custodian not
614-later than the expiration of the 10-day period, at which time
615-the authority and duties of the Department with respect to the
616-
617-
618-temporary custody of the child shall terminate.
619-(m-1) The Department may place children under 18 years of
620-age in a secure child care facility licensed by the Department
621-that cares for children who are in need of secure living
622-arrangements for their health, safety, and well-being after a
623-determination is made by the facility director and the
624-Director or the Director's designate prior to admission to the
625-facility subject to Section 2-27.1 of the Juvenile Court Act
626-of 1987. This subsection (m-1) does not apply to a child who is
627-subject to placement in a correctional facility operated
628-pursuant to Section 3-15-2 of the Unified Code of Corrections,
629-unless the child is a youth in care who was placed in the care
630-of the Department before being subject to placement in a
631-correctional facility and a court of competent jurisdiction
632-has ordered placement of the child in a secure care facility.
633-(n) The Department may place children under 18 years of
634-age in licensed child care facilities when in the opinion of
635-the Department, appropriate services aimed at family
636-preservation have been unsuccessful and cannot ensure the
637-child's health and safety or are unavailable and such
638-placement would be for their best interest. Payment for board,
639-clothing, care, training and supervision of any child placed
640-in a licensed child care facility may be made by the
641-Department, by the parents or guardians of the estates of
642-those children, or by both the Department and the parents or
643-guardians, except that no payments shall be made by the
644-
645-
646-Department for any child placed in a licensed child care
647-facility for board, clothing, care, training and supervision
648-of such a child that exceed the average per capita cost of
649-maintaining and of caring for a child in institutions for
650-dependent or neglected children operated by the Department.
651-However, such restriction on payments does not apply in cases
652-where children require specialized care and treatment for
653-problems of severe emotional disturbance, physical disability,
654-social adjustment, or any combination thereof and suitable
655-facilities for the placement of such children are not
656-available at payment rates within the limitations set forth in
657-this Section. All reimbursements for services delivered shall
658-be absolutely inalienable by assignment, sale, attachment, or
659-garnishment or otherwise.
660-(n-1) The Department shall provide or authorize child
661-welfare services, aimed at assisting minors to achieve
662-sustainable self-sufficiency as independent adults, for any
663-minor eligible for the reinstatement of wardship pursuant to
664-subsection (2) of Section 2-33 of the Juvenile Court Act of
665-1987, whether or not such reinstatement is sought or allowed,
666-provided that the minor consents to such services and has not
667-yet attained the age of 21. The Department shall have
668-responsibility for the development and delivery of services
669-under this Section. An eligible youth may access services
670-under this Section through the Department of Children and
671-Family Services or by referral from the Department of Human
672-
673-
674-Services. Youth participating in services under this Section
675-shall cooperate with the assigned case manager in developing
676-an agreement identifying the services to be provided and how
677-the youth will increase skills to achieve self-sufficiency. A
678-homeless shelter is not considered appropriate housing for any
679-youth receiving child welfare services under this Section. The
680-Department shall continue child welfare services under this
681-Section to any eligible minor until the minor becomes 21 years
682-of age, no longer consents to participate, or achieves
683-self-sufficiency as identified in the minor's service plan.
684-The Department of Children and Family Services shall create
685-clear, readable notice of the rights of former foster youth to
686-child welfare services under this Section and how such
687-services may be obtained. The Department of Children and
688-Family Services and the Department of Human Services shall
689-disseminate this information statewide. The Department shall
690-adopt regulations describing services intended to assist
691-minors in achieving sustainable self-sufficiency as
692-independent adults.
693-(o) The Department shall establish an administrative
694-review and appeal process for children and families who
695-request or receive child welfare services from the Department.
696-Youth in care who are placed by private child welfare
697-agencies, and foster families with whom those youth are
698-placed, shall be afforded the same procedural and appeal
699-rights as children and families in the case of placement by the
700-
701-
702-Department, including the right to an initial review of a
703-private agency decision by that agency. The Department shall
704-ensure that any private child welfare agency, which accepts
705-youth in care for placement, affords those rights to children
706-and foster families. The Department shall accept for
707-administrative review and an appeal hearing a complaint made
708-by (i) a child or foster family concerning a decision
709-following an initial review by a private child welfare agency
710-or (ii) a prospective adoptive parent who alleges a violation
711-of subsection (j-5) of this Section. An appeal of a decision
712-concerning a change in the placement of a child shall be
713-conducted in an expedited manner. A court determination that a
714-current foster home placement is necessary and appropriate
715-under Section 2-28 of the Juvenile Court Act of 1987 does not
716-constitute a judicial determination on the merits of an
717-administrative appeal, filed by a former foster parent,
718-involving a change of placement decision.
719-(p) (Blank).
720-(q) The Department may receive and use, in their entirety,
721-for the benefit of children any gift, donation, or bequest of
722-money or other property which is received on behalf of such
723-children, or any financial benefits to which such children are
724-or may become entitled while under the jurisdiction or care of
725-the Department, except that the benefits described in Section
726-5.46 must be used and conserved consistent with the provisions
727-under Section 5.46.
728-
729-
730-The Department shall set up and administer no-cost,
731-interest-bearing accounts in appropriate financial
732-institutions for children for whom the Department is legally
733-responsible and who have been determined eligible for
734-Veterans' Benefits, Social Security benefits, assistance
735-allotments from the armed forces, court ordered payments,
736-parental voluntary payments, Supplemental Security Income,
737-Railroad Retirement payments, Black Lung benefits, or other
738-miscellaneous payments. Interest earned by each account shall
739-be credited to the account, unless disbursed in accordance
740-with this subsection.
741-In disbursing funds from children's accounts, the
742-Department shall:
743-(1) Establish standards in accordance with State and
744-federal laws for disbursing money from children's
745-accounts. In all circumstances, the Department's
746-"Guardianship Administrator" or his or her designee must
747-approve disbursements from children's accounts. The
748-Department shall be responsible for keeping complete
749-records of all disbursements for each account for any
750-purpose.
751-(2) Calculate on a monthly basis the amounts paid from
752-State funds for the child's board and care, medical care
753-not covered under Medicaid, and social services; and
754-utilize funds from the child's account, as covered by
755-regulation, to reimburse those costs. Monthly,
756-
757-
758-disbursements from all children's accounts, up to 1/12 of
759-$13,000,000, shall be deposited by the Department into the
760-General Revenue Fund and the balance over 1/12 of
761-$13,000,000 into the DCFS Children's Services Fund.
762-(3) Maintain any balance remaining after reimbursing
763-for the child's costs of care, as specified in item (2).
764-The balance shall accumulate in accordance with relevant
765-State and federal laws and shall be disbursed to the child
766-or his or her guardian, or to the issuing agency.
767-(r) The Department shall promulgate regulations
768-encouraging all adoption agencies to voluntarily forward to
769-the Department or its agent names and addresses of all persons
770-who have applied for and have been approved for adoption of a
771-hard-to-place child or child with a disability and the names
772-of such children who have not been placed for adoption. A list
773-of such names and addresses shall be maintained by the
774-Department or its agent, and coded lists which maintain the
775-confidentiality of the person seeking to adopt the child and
776-of the child shall be made available, without charge, to every
777-adoption agency in the State to assist the agencies in placing
778-such children for adoption. The Department may delegate to an
779-agent its duty to maintain and make available such lists. The
780-Department shall ensure that such agent maintains the
781-confidentiality of the person seeking to adopt the child and
782-of the child.
783-(s) The Department of Children and Family Services may
784-
785-
786-establish and implement a program to reimburse Department and
787-private child welfare agency foster parents licensed by the
788-Department of Children and Family Services for damages
789-sustained by the foster parents as a result of the malicious or
790-negligent acts of foster children, as well as providing third
791-party coverage for such foster parents with regard to actions
792-of foster children to other individuals. Such coverage will be
793-secondary to the foster parent liability insurance policy, if
794-applicable. The program shall be funded through appropriations
795-from the General Revenue Fund, specifically designated for
796-such purposes.
797-(t) The Department shall perform home studies and
798-investigations and shall exercise supervision over visitation
799-as ordered by a court pursuant to the Illinois Marriage and
800-Dissolution of Marriage Act or the Adoption Act only if:
801-(1) an order entered by an Illinois court specifically
802-directs the Department to perform such services; and
803-(2) the court has ordered one or both of the parties to
804-the proceeding to reimburse the Department for its
805-reasonable costs for providing such services in accordance
806-with Department rules, or has determined that neither
807-party is financially able to pay.
808-The Department shall provide written notification to the
809-court of the specific arrangements for supervised visitation
810-and projected monthly costs within 60 days of the court order.
811-The Department shall send to the court information related to
812-
813-
814-the costs incurred except in cases where the court has
815-determined the parties are financially unable to pay. The
816-court may order additional periodic reports as appropriate.
817-(u) In addition to other information that must be
818-provided, whenever the Department places a child with a
819-prospective adoptive parent or parents, in a licensed foster
820-home, group home, or child care institution, or in a relative
821-home, the Department shall provide to the prospective adoptive
822-parent or parents or other caretaker:
823-(1) available detailed information concerning the
824-child's educational and health history, copies of
825-immunization records (including insurance and medical card
826-information), a history of the child's previous
827-placements, if any, and reasons for placement changes
828-excluding any information that identifies or reveals the
829-location of any previous caretaker;
830-(2) a copy of the child's portion of the client
831-service plan, including any visitation arrangement, and
832-all amendments or revisions to it as related to the child;
833-and
834-(3) information containing details of the child's
835-individualized educational plan when the child is
836-receiving special education services.
837-The caretaker shall be informed of any known social or
838-behavioral information (including, but not limited to,
839-criminal background, fire setting, perpetuation of sexual
840-
841-
842-abuse, destructive behavior, and substance abuse) necessary to
843-care for and safeguard the children to be placed or currently
844-in the home. The Department may prepare a written summary of
845-the information required by this paragraph, which may be
846-provided to the foster or prospective adoptive parent in
847-advance of a placement. The foster or prospective adoptive
848-parent may review the supporting documents in the child's file
849-in the presence of casework staff. In the case of an emergency
850-placement, casework staff shall at least provide known
851-information verbally, if necessary, and must subsequently
852-provide the information in writing as required by this
853-subsection.
854-The information described in this subsection shall be
855-provided in writing. In the case of emergency placements when
856-time does not allow prior review, preparation, and collection
857-of written information, the Department shall provide such
858-information as it becomes available. Within 10 business days
859-after placement, the Department shall obtain from the
860-prospective adoptive parent or parents or other caretaker a
861-signed verification of receipt of the information provided.
862-Within 10 business days after placement, the Department shall
863-provide to the child's guardian ad litem a copy of the
864-information provided to the prospective adoptive parent or
865-parents or other caretaker. The information provided to the
866-prospective adoptive parent or parents or other caretaker
867-shall be reviewed and approved regarding accuracy at the
868-
869-
870-supervisory level.
871-(u-5) Effective July 1, 1995, only foster care placements
872-licensed as foster family homes pursuant to the Child Care Act
873-of 1969 shall be eligible to receive foster care payments from
874-the Department. Relative caregivers who, as of July 1, 1995,
875-were approved pursuant to approved relative placement rules
876-previously promulgated by the Department at 89 Ill. Adm. Code
877-335 and had submitted an application for licensure as a foster
878-family home may continue to receive foster care payments only
879-until the Department determines that they may be licensed as a
880-foster family home or that their application for licensure is
881-denied or until September 30, 1995, whichever occurs first.
882-(v) The Department shall access criminal history record
883-information as defined in the Illinois Uniform Conviction
884-Information Act and information maintained in the adjudicatory
885-and dispositional record system as defined in Section 2605-355
886-of the Illinois State Police Law if the Department determines
887-the information is necessary to perform its duties under the
888-Abused and Neglected Child Reporting Act, the Child Care Act
889-of 1969, and the Children and Family Services Act. The
890-Department shall provide for interactive computerized
891-communication and processing equipment that permits direct
892-on-line communication with the Illinois State Police's central
893-criminal history data repository. The Department shall comply
894-with all certification requirements and provide certified
895-operators who have been trained by personnel from the Illinois
896-
897-
898-State Police. In addition, one Office of the Inspector General
899-investigator shall have training in the use of the criminal
900-history information access system and have access to the
901-terminal. The Department of Children and Family Services and
902-its employees shall abide by rules and regulations established
903-by the Illinois State Police relating to the access and
904-dissemination of this information.
905-(v-1) Prior to final approval for placement of a child,
906-the Department shall conduct a criminal records background
907-check of the prospective foster or adoptive parent, including
908-fingerprint-based checks of national crime information
909-databases. Final approval for placement shall not be granted
910-if the record check reveals a felony conviction for child
911-abuse or neglect, for spousal abuse, for a crime against
912-children, or for a crime involving violence, including rape,
913-sexual assault, or homicide, but not including other physical
914-assault or battery, or if there is a felony conviction for
915-physical assault, battery, or a drug-related offense committed
916-within the past 5 years.
917-(v-2) Prior to final approval for placement of a child,
918-the Department shall check its child abuse and neglect
919-registry for information concerning prospective foster and
920-adoptive parents, and any adult living in the home. If any
921-prospective foster or adoptive parent or other adult living in
922-the home has resided in another state in the preceding 5 years,
923-the Department shall request a check of that other state's
924-
925-
926-child abuse and neglect registry.
927-(w) Within 120 days of August 20, 1995 (the effective date
928-of Public Act 89-392), the Department shall prepare and submit
929-to the Governor and the General Assembly, a written plan for
930-the development of in-state licensed secure child care
931-facilities that care for children who are in need of secure
932-living arrangements for their health, safety, and well-being.
933-For purposes of this subsection, secure care facility shall
934-mean a facility that is designed and operated to ensure that
935-all entrances and exits from the facility, a building or a
936-distinct part of the building, are under the exclusive control
937-of the staff of the facility, whether or not the child has the
938-freedom of movement within the perimeter of the facility,
939-building, or distinct part of the building. The plan shall
940-include descriptions of the types of facilities that are
941-needed in Illinois; the cost of developing these secure care
942-facilities; the estimated number of placements; the potential
943-cost savings resulting from the movement of children currently
944-out-of-state who are projected to be returned to Illinois; the
945-necessary geographic distribution of these facilities in
946-Illinois; and a proposed timetable for development of such
947-facilities.
948-(x) The Department shall conduct annual credit history
949-checks to determine the financial history of children placed
950-under its guardianship pursuant to the Juvenile Court Act of
951-1987. The Department shall conduct such credit checks starting
952-
953-
954-when a youth in care turns 12 years old and each year
955-thereafter for the duration of the guardianship as terminated
956-pursuant to the Juvenile Court Act of 1987. The Department
957-shall determine if financial exploitation of the child's
958-personal information has occurred. If financial exploitation
959-appears to have taken place or is presently ongoing, the
960-Department shall notify the proper law enforcement agency, the
961-proper State's Attorney, or the Attorney General.
962-(y) Beginning on July 22, 2010 (the effective date of
963-Public Act 96-1189), a child with a disability who receives
964-residential and educational services from the Department shall
965-be eligible to receive transition services in accordance with
966-Article 14 of the School Code from the age of 14.5 through age
967-21, inclusive, notwithstanding the child's residential
968-services arrangement. For purposes of this subsection, "child
969-with a disability" means a child with a disability as defined
970-by the federal Individuals with Disabilities Education
971-Improvement Act of 2004.
972-(z) The Department shall access criminal history record
973-information as defined as "background information" in this
974-subsection and criminal history record information as defined
975-in the Illinois Uniform Conviction Information Act for each
976-Department employee or Department applicant. Each Department
977-employee or Department applicant shall submit his or her
978-fingerprints to the Illinois State Police in the form and
979-manner prescribed by the Illinois State Police. These
980-
981-
982-fingerprints shall be checked against the fingerprint records
983-now and hereafter filed in the Illinois State Police and the
984-Federal Bureau of Investigation criminal history records
985-databases. The Illinois State Police shall charge a fee for
986-conducting the criminal history record check, which shall be
987-deposited into the State Police Services Fund and shall not
988-exceed the actual cost of the record check. The Illinois State
989-Police shall furnish, pursuant to positive identification, all
990-Illinois conviction information to the Department of Children
991-and Family Services.
992-For purposes of this subsection:
993-"Background information" means all of the following:
994-(i) Upon the request of the Department of Children and
995-Family Services, conviction information obtained from the
996-Illinois State Police as a result of a fingerprint-based
997-criminal history records check of the Illinois criminal
998-history records database and the Federal Bureau of
999-Investigation criminal history records database concerning
1000-a Department employee or Department applicant.
1001-(ii) Information obtained by the Department of
1002-Children and Family Services after performing a check of
1003-the Illinois State Police's Sex Offender Database, as
1004-authorized by Section 120 of the Sex Offender Community
1005-Notification Law, concerning a Department employee or
1006-Department applicant.
1007-(iii) Information obtained by the Department of
1008-
1009-
1010-Children and Family Services after performing a check of
1011-the Child Abuse and Neglect Tracking System (CANTS)
1012-operated and maintained by the Department.
1013-"Department employee" means a full-time or temporary
1014-employee coded or certified within the State of Illinois
1015-Personnel System.
1016-"Department applicant" means an individual who has
1017-conditional Department full-time or part-time work, a
1018-contractor, an individual used to replace or supplement staff,
1019-an academic intern, a volunteer in Department offices or on
1020-Department contracts, a work-study student, an individual or
1021-entity licensed by the Department, or an unlicensed service
1022-provider who works as a condition of a contract or an agreement
1023-and whose work may bring the unlicensed service provider into
1024-contact with Department clients or client records.
1025-(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
1026-101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
1027-8-20-21; 102-1014, eff. 5-27-22.)
1028-(20 ILCS 505/17) (from Ch. 23, par. 5017)
1029-Sec. 17. Youth and Community Services Program. The
1030-Department of Human Services shall develop a State program for
1031-youth and community services which will assure that youth who
1032-come into contact or may come into contact with either the
1033-child welfare system or the juvenile the child welfare and the
1034-juvenile justice system systems will have access to needed
1035-
1036-
1037-community, prevention, diversion, emergency and independent
1038-living services. The term "youth" means a person under the age
1039-of 19 years. The term "homeless youth" means a youth who cannot
1040-be reunited with his or her family and is not in a safe and
1041-stable living situation. This Section shall not be construed
1042-to require the Department of Human Services to provide
1043-services under this Section to any homeless youth who is at
1044-least 18 years of age but is younger than 19 years of age;
1045-however, the Department may, in its discretion, provide
1046-services under this Section to any such homeless youth.
1047-(a) The goals of the program shall be to:
1048-(1) maintain children and youths in their own
1049-community;
1050-(2) eliminate unnecessary categorical funding of
1051-programs by funding more comprehensive and integrated
1052-programs;
1053-(3) encourage local volunteers and voluntary
1054-associations in developing programs aimed at preventing
1055-and controlling juvenile delinquency;
1056-(4) address voids in services and close service gaps;
1057-(5) develop program models aimed at strengthening the
1058-relationships between youth and their families and aimed
1059-at developing healthy, independent lives for homeless
1060-youth;
1061-(6) contain costs by redirecting funding to more
1062-comprehensive and integrated community-based services; and
1063-
1064-
1065-(7) coordinate education, employment, training and
1066-other programs for youths with other State agencies.
1067-(b) The duties of the Department under the program shall
1068-be to:
1069-(1) design models for service delivery by local
1070-communities;
1071-(2) test alternative systems for delivering youth
1072-services;
1073-(3) develop standards necessary to achieve and
1074-maintain, on a statewide basis, more comprehensive and
1075-integrated community-based youth services;
1076-(4) monitor and provide technical assistance to local
1077-boards and local service systems;
1078-(5) assist local organizations in developing programs
1079-which address the problems of youths and their families
1080-through direct services, advocacy with institutions, and
1081-improvement of local conditions; and
1082-(6) (blank); and develop a statewide adoption
1083-awareness campaign aimed at pregnant teenagers.
1084-(7) establish temporary emergency placements for youth
1085-in crisis as defined by the Children's Behavioral Health
1086-Transformation Team through comprehensive community-based
1087-youth services provider grants.
1088-(A) Temporary emergency placements:
1089-(i) must be licensed through the Department of
1090-Children and Family Services or, in the case of a
1091-
1092-
1093-foster home or host home, by the supervising child
1094-welfare agency;
1095-(ii) must be strategically situated to meet
1096-regional need and minimize geographic disruption
1097-in consultation with the Children's Behavioral
1098-Health Transformation Officer and the Children's
1099-Behavioral Health Transformation Team; and
1100-(iii) shall include Comprehensive
1101-Community-Based Youth Services program host homes,
1102-foster homes, homeless youth shelters, Department
1103-of Children and Family Services youth shelters, or
1104-other licensed placements for minor youth
1105-compliant with the Child Care Act of 1969 provided
1106-under the Comprehensive Community-Based Youth
1107-Services program.
1108-(B) Beginning on the effective date of this
1109-amendatory Act of the 103rd General Assembly, once
1110-sufficient capacity has been developed, temporary
1111-emergency placements must also include temporary
1112-emergency placement shelters provided under the
1113-Comprehensive Community-Based Youth Services program.
1114-Temporary emergency placement shelters shall be
1115-managed by Comprehensive Community-Based Youth
1116-Services provider organizations and shall be available
1117-to house youth receiving interim 24/7 crisis
1118-intervention services as defined by the Juvenile Court
1119-
1120-
1121-Act of 1987 and the Comprehensive Community-Based
1122-Youth Services program grant and the Department, and
1123-shall provide access to clinical supports for youth
1124-while staying at the shelter.
1125-(C) Comprehensive Community-Based Youth Services
1126-organizations shall retain the sole authority to place
1127-youth in host homes and temporary emergency placement
1128-shelters provided under the Comprehensive
1129-Community-Based Youth Services program.
1130-(D) Crisis youth, as defined by the Children's
1131-Behavioral Health Transformation Team, shall be
1132-prioritized in temporary emergency placements.
1133-(E) Additional placement options may be authorized
1134-for crisis and non-crisis program youth with the
1135-permission of the youth's parent or legal guardian.
1136-(F) While in a temporary emergency placement, the
1137-organization shall work with the parent, guardian, or
1138-custodian to effectuate the youth's return home or to
1139-an alternative long-term living arrangement. As
1140-necessary, the agency or association shall also work
1141-with the youth's local school district, the
1142-Department, the Department of Human Services, the
1143-Department of Healthcare and Family Services, and the
1144-Department of Juvenile Justice to identify immediate
1145-and long-term services, treatment, or placement.
1146-Nothing in this Section shall be construed or applied in a
1147-
1148-
1149-manner that would conflict with, diminish, or infringe upon,
1150-any State agency's obligation to comply fully with
1151-requirements imposed under a court order or State or federal
1152-consent decree applicable to that agency.
1153-(Source: P.A. 89-507, eff. 7-1-97.)
1154-Section 17. The Mental Health and Developmental
1155-Disabilities Administrative Act is amended by adding Section
1156-11.4 as follows:
1157-(20 ILCS 1705/11.4 new)
1158-Sec. 11.4. Care portal for families with children who have
1159-complex behavioral health needs. The Department shall
1160-establish and maintain a public-facing Care Portal to serve as
1161-a centralized resource for families with children who have
1162-significant and complex behavioral health needs. The Care
1163-Portal shall streamline the process of directing families and
1164-guardians to the appropriate level and type of care for their
1165-children. In consultation with the Children's Behavioral
1166-Health Transformation Officer, the Department shall develop
1167-specifications for the Care Portal that ensure automatic
1168-service eligibility matching, transparent data sharing,
1169-regular reporting, and appropriate staffing, among other
1170-items. The Department shall, in coordination with the
1171-Departments of Children and Family Services, Healthcare and
1172-Family Services, Juvenile Justice, and Public Health as well
1173-
1174-
1175-as the State Board of Education, develop training and
1176-communication for school districts, hospital social workers,
1177-and system partners to demonstrate how individuals can assist
1178-a family seeking youth behavioral health services and how to
1179-access the Care Portal. Such training must include information
1180-on the applicable federal and State law for the determination
1181-of the need for residential placements for educational
1182-purposes by individualized education program (IEP) teams.
1183-Procedures for use of the Care Portal must not prohibit or
1184-limit residential facilities from accepting students placed by
1185-school districts for educational purposes as determined by the
1186-IEP team.
1187-Section 20. The School Code is amended by changing
1188-Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
1189-2-3.196 as follows:
1190-(105 ILCS 5/2-3.163)
1191-Sec. 2-3.163. Prioritization of Urgency of Need for
1192-Services database.
1193-(a) The General Assembly makes all of the following
1194-findings:
1195-(1) The Department of Human Services maintains a
1196-statewide database known as the Prioritization of Urgency
1197-of Need for Services that records information about
1198-individuals with developmental disabilities who are
1199-
1200-
1201-potentially in need of services.
1202-(2) The Department of Human Services uses the data on
1203-Prioritization of Urgency of Need for Services to select
1204-individuals for services as funding becomes available, to
1205-develop proposals and materials for budgeting, and to plan
1206-for future needs.
1207-(3) Prioritization of Urgency of Need for Services is
1208-available for children and adults with a developmental
1209-disability who have an unmet service need anticipated in
1210-the next 5 years.
1211-(4) Prioritization of Urgency of Need for Services is
1212-the first step toward getting developmental disabilities
1213-services in this State. If individuals are not on the
1214-Prioritization of Urgency of Need for Services waiting
1215-list, they are not in queue for State developmental
1216-disabilities services.
1217-(5) Prioritization of Urgency of Need for Services may
1218-be underutilized by children and their parents or
1219-guardians due to lack of awareness or lack of information.
1220-(b) The State Board of Education may work with school
1221-districts to inform all students with developmental
1222-disabilities and their parents or guardians about the
1223-Prioritization of Urgency of Need for Services database.
1224-(c) Subject to appropriation, the Department of Human
1225-Services and State Board of Education shall develop and
1226-implement an online, computer-based training program for at
1227-
1228-
1229-least one designated employee in every public school in this
1230-State to educate him or her about the Prioritization of
1231-Urgency of Need for Services database and steps to be taken to
1232-ensure children and adolescents are enrolled. The training
1233-shall include instruction for at least one designated employee
1234-in every public school in contacting the appropriate
1235-developmental disabilities Independent Service Coordination
1236-agency to enroll children and adolescents in the database. At
1237-least one designated employee in every public school shall
1238-ensure the opportunity to enroll in the Prioritization of
1239-Urgency of Need for Services database is discussed during
1240-annual individualized education program (IEP) meetings for all
1241-children and adolescents believed to have a developmental
1242-disability.
1243-(d) The State Board of Education, in consultation with the
1244-Department of Human Services, through school districts, shall
1245-provide to parents and guardians of students a copy of the
1246-Department of Human Services's guide titled "Understanding
1247-PUNS: A Guide to Prioritization for Urgency of Need for
1248-Services" each year at the annual review meeting for the
1249-student's individualized education program, including the
1250-consideration required in subsection (e) of this Section.
1251-(e) The Department of Human Services shall consider the
1252-length of time spent on the Prioritization of Urgency of Need
1253-for Services waiting list, in addition to other factors
1254-considered, when selecting individuals on the list for
1255-
1256-
1257-services.
1258-(f) Subject to appropriation, the Department of Human
1259-Services shall expand its selection of individuals from the
1260-Prioritization of Urgency of Need for Services database to
1261-include individuals who receive services through the Children
1262-and Young Adults with Developmental Disabilities - Support
1263-Waiver.
1264-(Source: P.A. 102-57, eff. 7-9-21.)
1265-(105 ILCS 5/2-3.196 new)
1266-Sec. 2-3.196. Mental health screenings. On or before
1267-December 15, 2023, the State Board of Education, in
1268-consultation with the Children's Behavioral Health
1269-Transformation Officer, Children's Behavioral Health
1270-Transformation Team, and the Office of the Governor, shall
1271-file a report with the Governor and the General Assembly that
1272-includes recommendations for implementation of mental health
1273-screenings in schools for students enrolled in kindergarten
1274-through grade 12. This report must include a landscape scan of
1275-current district-wide screenings, recommendations for
1276-screening tools, training for staff, and linkage and referral
1277-for identified students.
1278-(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
1279-Sec. 14-7.02. Children attending private schools, public
1280-out-of-state schools, public school residential facilities or
1281-
1282-
1283-private special education facilities.
1284-(a) The General Assembly recognizes that non-public
1285-schools or special education facilities provide an important
1286-service in the educational system in Illinois.
1287-(b) If a student's individualized education program (IEP)
1288-team determines that because of his or her disability the
1289-special education program of a district is unable to meet the
1290-needs of the child and the child attends a non-public school or
1291-special education facility, a public out-of-state school or a
1292-special education facility owned and operated by a county
1293-government unit that provides special educational services
1294-required by the child and is in compliance with the
1295-appropriate rules and regulations of the State Superintendent
1296-of Education, the school district in which the child is a
1297-resident shall pay the actual cost of tuition for special
1298-education and related services provided during the regular
1299-school term and during the summer school term if the child's
1300-educational needs so require, excluding room, board and
1301-transportation costs charged the child by that non-public
1302-school or special education facility, public out-of-state
1303-school or county special education facility, or $4,500 per
1304-year, whichever is less, and shall provide him any necessary
1305-transportation. "Nonpublic special education facility" shall
1306-include a residential facility, within or without the State of
1307-Illinois, which provides special education and related
1308-services to meet the needs of the child by utilizing private
1309-
1310-
1311-schools or public schools, whether located on the site or off
1312-the site of the residential facility. Resident district
1313-financial responsibility and reimbursement applies for both
1314-nonpublic special education facilities that are approved by
1315-the State Board of Education pursuant to 23 Ill. Adm. Code 401
1316-or other applicable laws or rules and for emergency placements
1317-in nonpublic special education facilities that are not
1318-approved by the State Board of Education pursuant to 23 Ill.
1319-Adm. Code 401 or other applicable laws or rules, subject to the
1320-requirements of this Section.
1321-(c) Prior to the placement of a child in an out-of-state
1322-special education residential facility, the school district
1323-must refer to the child or the child's parent or guardian the
1324-option to place the child in a special education residential
1325-facility located within this State, if any, that provides
1326-treatment and services comparable to those provided by the
1327-out-of-state special education residential facility. The
1328-school district must review annually the placement of a child
1329-in an out-of-state special education residential facility. As
1330-a part of the review, the school district must refer to the
1331-child or the child's parent or guardian the option to place the
1332-child in a comparable special education residential facility
1333-located within this State, if any.
1334-(c-5) Before a provider that operates a nonpublic special
1335-education facility terminates a student's placement in that
1336-facility, the provider must request an IEP meeting from the
1337-
1338-
1339-contracting school district. If the provider elects to
1340-terminate the student's placement following the IEP meeting,
1341-the provider must give written notice to this effect to the
1342-parent or guardian, the contracting public school district,
1343-and the State Board of Education no later than 20 business days
1344-before the date of termination, unless the health and safety
1345-of any student are endangered. The notice must include the
1346-detailed reasons for the termination and any actions taken to
1347-address the reason for the termination.
1348-(d) Payments shall be made by the resident school district
1349-to the entity providing the educational services, whether the
1350-entity is the nonpublic special education facility or the
1351-school district wherein the facility is located, no less than
1352-once per quarter, unless otherwise agreed to in writing by the
1353-parties.
1354-(e) A school district may place a student in a nonpublic
1355-special education facility providing educational services, but
1356-not approved by the State Board of Education pursuant to 23
1357-Ill. Adm. Code 401 or other applicable laws or rules, provided
1358-that the State Board of Education provides an emergency and
1359-student-specific approval for placement. The State Board of
1360-Education shall promptly, within 10 days after the request,
1361-approve a request for emergency and student-specific approval
1362-for placement if the following have been demonstrated to the
1363-State Board of Education:
1364-(1) the facility demonstrates appropriate licensure of
1365-
1366-
1367-teachers for the student population;
1368-(2) the facility demonstrates age-appropriate
1369-curriculum;
1370-(3) the facility provides enrollment and attendance
1371-data;
1372-(4) the facility demonstrates the ability to implement
1373-the child's IEP; and
1374-(5) the school district demonstrates that it made good
1375-faith efforts to place the student in an approved
1376-facility, but no approved facility has accepted the
1377-student or has availability for immediate placement of the
1378-student.
1379-A resident school district may also submit such proof to the
1380-State Board of Education as may be required for its student.
1381-The State Board of Education may not unreasonably withhold
1382-approval once satisfactory proof is provided to the State
1383-Board.
1384-(f) If an impartial due process hearing officer who is
1385-contracted by the State Board of Education pursuant to this
1386-Article orders placement of a student with a disability in a
1387-residential facility that is not approved by the State Board
1388-of Education, then, for purposes of this Section, the facility
1389-shall be deemed approved for placement and school district
1390-payments and State reimbursements shall be made accordingly.
1391-(g) Emergency placement in a facility approved pursuant to
1392-subsection (e) or (f) may continue to be utilized so long as
1393-
1394-
1395-(i) the student's IEP team determines annually that such
1396-placement continues to be appropriate to meet the student's
1397-needs and (ii) at least every 3 years following the student's
1398-placement, the IEP team reviews appropriate placements
1399-approved by the State Board of Education pursuant to 23 Ill.
1400-Adm. Code 401 or other applicable laws or rules to determine
1401-whether there are any approved placements that can meet the
1402-student's needs, have accepted the student, and have
1403-availability for placement of the student.
1404-(h) The State Board of Education shall promulgate rules
1405-and regulations for determining when placement in a private
1406-special education facility is appropriate. Such rules and
1407-regulations shall take into account the various types of
1408-services needed by a child and the availability of such
1409-services to the particular child in the public school. In
1410-developing these rules and regulations the State Board of
1411-Education shall consult with the Advisory Council on Education
1412-of Children with Disabilities and hold public hearings to
1413-secure recommendations from parents, school personnel, and
1414-others concerned about this matter.
1415-The State Board of Education shall also promulgate rules
1416-and regulations for transportation to and from a residential
1417-school. Transportation to and from home to a residential
1418-school more than once each school term shall be subject to
1419-prior approval by the State Superintendent in accordance with
1420-the rules and regulations of the State Board.
1421-
1422-
1423-(i) A school district making tuition payments pursuant to
1424-this Section is eligible for reimbursement from the State for
1425-the amount of such payments actually made in excess of the
1426-district per capita tuition charge for students not receiving
1427-special education services. Such reimbursement shall be
1428-approved in accordance with Section 14-12.01 and each district
1429-shall file its claims, computed in accordance with rules
1430-prescribed by the State Board of Education, on forms
1431-prescribed by the State Superintendent of Education. Data used
1432-as a basis of reimbursement claims shall be for the preceding
1433-regular school term and summer school term. Each school
1434-district shall transmit its claims to the State Board of
1435-Education on or before August 15. The State Board of
1436-Education, before approving any such claims, shall determine
1437-their accuracy and whether they are based upon services and
1438-facilities provided under approved programs. Upon approval the
1439-State Board shall cause vouchers to be prepared showing the
1440-amount due for payment of reimbursement claims to school
1441-districts, for transmittal to the State Comptroller on the
1442-30th day of September, December, and March, respectively, and
1443-the final voucher, no later than June 20. If the money
1444-appropriated by the General Assembly for such purpose for any
1445-year is insufficient, it shall be apportioned on the basis of
1446-the claims approved.
1447-(j) No child shall be placed in a special education
1448-program pursuant to this Section if the tuition cost for
1449-
1450-
1451-special education and related services increases more than 10
1452-percent over the tuition cost for the previous school year or
1453-exceeds $4,500 per year unless such costs have been approved
1454-by the Illinois Purchased Care Review Board. The Illinois
1455-Purchased Care Review Board shall consist of the following
1456-persons, or their designees: the Directors of Children and
1457-Family Services, Public Health, Public Aid, and the Governor's
1458-Office of Management and Budget; the Secretary of Human
1459-Services; the State Superintendent of Education; and such
1460-other persons as the Governor may designate. The Review Board
1461-shall also consist of one non-voting member who is an
1462-administrator of a private, nonpublic, special education
1463-school. The Review Board shall establish rules and regulations
1464-for its determination of allowable costs and payments made by
1465-local school districts for special education, room and board,
1466-and other related services provided by non-public schools or
1467-special education facilities and shall establish uniform
1468-standards and criteria which it shall follow. The Review Board
1469-shall approve the usual and customary rate or rates of a
1470-special education program that (i) is offered by an
1471-out-of-state, non-public provider of integrated autism
1472-specific educational and autism specific residential services,
1473-(ii) offers 2 or more levels of residential care, including at
1474-least one locked facility, and (iii) serves 12 or fewer
1475-Illinois students.
1476-(k) In determining rates based on allowable costs, the
1477-
1478-
1479-Review Board shall consider any wage increases awarded by the
1480-General Assembly to front line personnel defined as direct
1481-support persons, aides, front-line supervisors, qualified
1482-intellectual disabilities professionals, nurses, and
1483-non-administrative support staff working in service settings
1484-in community-based settings within the State and adjust
1485-customary rates or rates of a special education program to be
1486-equitable to the wage increase awarded to similar staff
1487-positions in a community residential setting. Any wage
1488-increase awarded by the General Assembly to front line
1489-personnel defined as direct support persons, aides, front-line
1490-supervisors, qualified intellectual disabilities
1491-professionals, nurses, and non-administrative support staff
1492-working in community-based settings within the State,
1493-including the $0.75 per hour increase contained in Public Act
1494-100-23 and the $0.50 per hour increase included in Public Act
1495-100-23, shall also be a basis for any facility covered by this
1496-Section to appeal its rate before the Review Board under the
1497-process defined in Title 89, Part 900, Section 340 of the
1498-Illinois Administrative Code. Illinois Administrative Code
1499-Title 89, Part 900, Section 342 shall be updated to recognize
1500-wage increases awarded to community-based settings to be a
1501-basis for appeal. However, any wage increase that is captured
1502-upon appeal from a previous year shall not be counted by the
1503-Review Board as revenue for the purpose of calculating a
1504-facility's future rate.
1505-
1506-
1507-(l) Any definition used by the Review Board in
1508-administrative rule or policy to define "related
1509-organizations" shall include any and all exceptions contained
1510-in federal law or regulation as it pertains to the federal
1511-definition of "related organizations".
1512-(m) The Review Board shall establish uniform definitions
1513-and criteria for accounting separately by special education,
1514-room and board and other related services costs. The Board
1515-shall also establish guidelines for the coordination of
1516-services and financial assistance provided by all State
1517-agencies to assure that no otherwise qualified child with a
1518-disability receiving services under Article 14 shall be
1519-excluded from participation in, be denied the benefits of or
1520-be subjected to discrimination under any program or activity
1521-provided by any State agency.
1522-(n) The Review Board shall review the costs for special
1523-education and related services provided by non-public schools
1524-or special education facilities and shall approve or
1525-disapprove such facilities in accordance with the rules and
1526-regulations established by it with respect to allowable costs.
1527-(o) The State Board of Education shall provide
1528-administrative and staff support for the Review Board as
1529-deemed reasonable by the State Superintendent of Education.
1530-This support shall not include travel expenses or other
1531-compensation for any Review Board member other than the State
1532-Superintendent of Education.
1533-
1534-
1535-(p) The Review Board shall seek the advice of the Advisory
1536-Council on Education of Children with Disabilities on the
1537-rules and regulations to be promulgated by it relative to
1538-providing special education services.
1539-(q) If a child has been placed in a program in which the
1540-actual per pupil costs of tuition for special education and
1541-related services based on program enrollment, excluding room,
1542-board and transportation costs, exceed $4,500 and such costs
1543-have been approved by the Review Board, the district shall pay
1544-such total costs which exceed $4,500. A district making such
1545-tuition payments in excess of $4,500 pursuant to this Section
1546-shall be responsible for an amount in excess of $4,500 equal to
1547-the district per capita tuition charge and shall be eligible
1548-for reimbursement from the State for the amount of such
1549-payments actually made in excess of the districts per capita
1550-tuition charge for students not receiving special education
1551-services.
1552-(r) If a child has been placed in an approved individual
1553-program and the tuition costs including room and board costs
1554-have been approved by the Review Board, then such room and
1555-board costs shall be paid by the appropriate State agency
1556-subject to the provisions of Section 14-8.01 of this Act. Room
1557-and board costs not provided by a State agency other than the
1558-State Board of Education shall be provided by the State Board
1559-of Education on a current basis. In no event, however, shall
1560-the State's liability for funding of these tuition costs begin
1561-
1562-
1563-until after the legal obligations of third party payors have
1564-been subtracted from such costs. If the money appropriated by
1565-the General Assembly for such purpose for any year is
1566-insufficient, it shall be apportioned on the basis of the
1567-claims approved. Each district shall submit estimated claims
1568-to the State Superintendent of Education. Upon approval of
1569-such claims, the State Superintendent of Education shall
1570-direct the State Comptroller to make payments on a monthly
1571-basis. The frequency for submitting estimated claims and the
1572-method of determining payment shall be prescribed in rules and
1573-regulations adopted by the State Board of Education. Such
1574-current state reimbursement shall be reduced by an amount
1575-equal to the proceeds which the child or child's parents are
1576-eligible to receive under any public or private insurance or
1577-assistance program. Nothing in this Section shall be construed
1578-as relieving an insurer or similar third party from an
1579-otherwise valid obligation to provide or to pay for services
1580-provided to a child with a disability.
1581-(s) If it otherwise qualifies, a school district is
1582-eligible for the transportation reimbursement under Section
1583-14-13.01 and for the reimbursement of tuition payments under
1584-this Section whether the non-public school or special
1585-education facility, public out-of-state school or county
1586-special education facility, attended by a child who resides in
1587-that district and requires special educational services, is
1588-within or outside of the State of Illinois. However, a
1589-
1590-
1591-district is not eligible to claim transportation reimbursement
1592-under this Section unless the district certifies to the State
1593-Superintendent of Education that the district is unable to
1594-provide special educational services required by the child for
1595-the current school year.
1596-(t) Nothing in this Section authorizes the reimbursement
1597-of a school district for the amount paid for tuition of a child
1598-attending a non-public school or special education facility,
1599-public out-of-state school or county special education
1600-facility unless the school district certifies to the State
1601-Superintendent of Education that the special education program
1602-of that district is unable to meet the needs of that child
1603-because of his disability and the State Superintendent of
1604-Education finds that the school district is in substantial
1605-compliance with Section 14-4.01. However, if a child is
1606-unilaterally placed by a State agency or any court in a
1607-non-public school or special education facility, public
1608-out-of-state school, or county special education facility, a
1609-school district shall not be required to certify to the State
1610-Superintendent of Education, for the purpose of tuition
1611-reimbursement, that the special education program of that
1612-district is unable to meet the needs of a child because of his
1613-or her disability.
1614-(u) Any educational or related services provided, pursuant
1615-to this Section in a non-public school or special education
1616-facility or a special education facility owned and operated by
1617-
1618-
1619-a county government unit shall be at no cost to the parent or
1620-guardian of the child. However, current law and practices
1621-relative to contributions by parents or guardians for costs
1622-other than educational or related services are not affected by
1623-this amendatory Act of 1978.
1624-(v) Reimbursement for children attending public school
1625-residential facilities shall be made in accordance with the
1626-provisions of this Section.
1627-(w) Notwithstanding any other provision of law, any school
1628-district receiving a payment under this Section or under
1629-Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
1630-all or a portion of the funds that it receives in a particular
1631-fiscal year or from general State aid pursuant to Section
1632-18-8.05 of this Code as funds received in connection with any
1633-funding program for which it is entitled to receive funds from
1634-the State in that fiscal year (including, without limitation,
1635-any funding program referenced in this Section), regardless of
1636-the source or timing of the receipt. The district may not
1637-classify more funds as funds received in connection with the
1638-funding program than the district is entitled to receive in
1639-that fiscal year for that program. Any classification by a
1640-district must be made by a resolution of its board of
1641-education. The resolution must identify the amount of any
1642-payments or general State aid to be classified under this
1643-paragraph and must specify the funding program to which the
1644-funds are to be treated as received in connection therewith.
1645-
1646-
1647-This resolution is controlling as to the classification of
1648-funds referenced therein. A certified copy of the resolution
1649-must be sent to the State Superintendent of Education. The
1650-resolution shall still take effect even though a copy of the
1651-resolution has not been sent to the State Superintendent of
1652-Education in a timely manner. No classification under this
1653-paragraph by a district shall affect the total amount or
1654-timing of money the district is entitled to receive under this
1655-Code. No classification under this paragraph by a district
1656-shall in any way relieve the district from or affect any
1657-requirements that otherwise would apply with respect to that
1658-funding program, including any accounting of funds by source,
1659-reporting expenditures by original source and purpose,
1660-reporting requirements, or requirements of providing services.
1661-(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
1662-102-703, eff. 4-22-22.)
1663-(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
1664-Sec. 14-15.01. Community and Residential Services
1665-Authority.
1666-(a) (1) The Community and Residential Services Authority
1667-is hereby created and shall consist of the following members:
1668-A representative of the State Board of Education;
1669-Four representatives of the Department of Human Services
1670-appointed by the Secretary of Human Services, with one member
1671-from the Division of Community Health and Prevention, one
1672-
1673-
1674-member from the Division of Developmental Disabilities, one
1675-member from the Division of Mental Health, and one member from
1676-the Division of Rehabilitation Services;
1677-A representative of the Department of Children and Family
1678-Services;
1679-A representative of the Department of Juvenile Justice;
1680-A representative of the Department of Healthcare and
1681-Family Services;
1682-A representative of the Attorney General's Disability
1683-Rights Advocacy Division;
1684-The Chairperson and Minority Spokesperson of the House and
1685-Senate Committees on Elementary and Secondary Education or
1686-their designees; and
1687-Six persons appointed by the Governor. Five of such
1688-appointees shall be experienced or knowledgeable relative to
1689-provision of services for individuals with a behavior disorder
1690-or a severe emotional disturbance and shall include
1691-representatives of both the private and public sectors, except
1692-that no more than 2 of those 5 appointees may be from the
1693-public sector and at least 2 must be or have been directly
1694-involved in provision of services to such individuals. The
1695-remaining member appointed by the Governor shall be or shall
1696-have been a parent of an individual with a behavior disorder or
1697-a severe emotional disturbance, and that appointee may be from
1698-either the private or the public sector.
1699-(2) Members appointed by the Governor shall be appointed
1700-
1701-
1702-for terms of 4 years and shall continue to serve until their
1703-respective successors are appointed; provided that the terms
1704-of the original appointees shall expire on August 1, 1990. Any
1705-vacancy in the office of a member appointed by the Governor
1706-shall be filled by appointment of the Governor for the
1707-remainder of the term.
1708-A vacancy in the office of a member appointed by the
1709-Governor exists when one or more of the following events
1710-occur:
1711-(i) An appointee dies;
1712-(ii) An appointee files a written resignation with the
1713-Governor;
1714-(iii) An appointee ceases to be a legal resident of
1715-the State of Illinois; or
1716-(iv) An appointee fails to attend a majority of
1717-regularly scheduled Authority meetings in a fiscal year.
1718-Members who are representatives of an agency shall serve
1719-at the will of the agency head. Membership on the Authority
1720-shall cease immediately upon cessation of their affiliation
1721-with the agency. If such a vacancy occurs, the appropriate
1722-agency head shall appoint another person to represent the
1723-agency.
1724-If a legislative member of the Authority ceases to be
1725-Chairperson or Minority Spokesperson of the designated
1726-Committees, they shall automatically be replaced on the
1727-Authority by the person who assumes the position of
1728-
1729-
1730-Chairperson or Minority Spokesperson.
1731-(b) The Community and Residential Services Authority shall
1732-have the following powers and duties:
1733-(1) Serve as a Parent/Guardian Navigator Assistance
1734-Program, to work directly with parents/guardians of youth
1735-with behavioral health concerns to provide assistance
1736-coordinating efforts with public agencies, including but
1737-not limited to local school district, State Board of
1738-Education, the Department of Human Services, Department of
1739-Children and Family Services, the Department of Healthcare
1740-and Family Services, Department of Public Health, and
1741-Department of Juvenile Justice. To conduct surveys to
1742-determine the extent of need, the degree to which
1743-documented need is currently being met and feasible
1744-alternatives for matching need with resources.
1745-(2) Work in conjunction with the new Care Portal and
1746-Care Portal Team to utilize the centralized IT platform
1747-for communication and case management, including
1748-collaboration on the development of Portal training,
1749-communications to the public, business processes for case
1750-triage, assignment, and referral. To develop policy
1751-statements for interagency cooperation to cover all
1752-aspects of service delivery, including laws, regulations
1753-and procedures, and clear guidelines for determining
1754-responsibility at all times.
1755-(3) To develop and submit to the Governor, the General
1756-
1757-
1758-Assembly, the Directors of the agencies represented on the
1759-Authority, and State Board of Education a master plan for
1760-operating the Parent/Guardian Navigator Assistance
1761-Program, including how referrals are made, plan for
1762-dispute relative to plans of service or funding for plans
1763-of service, plans to include parents with lived experience
1764-as peer supports. To recommend policy statements and
1765-provide information regarding effective programs for
1766-delivery of services to all individuals under 22 years of
1767-age with a behavior disorder or a severe emotional
1768-disturbance in public or private situations.
1769-(4) (Blank). To review the criteria for service
1770-eligibility, provision and availability established by the
1771-governmental agencies represented on this Authority, and
1772-to recommend changes, additions or deletions to such
1773-criteria.
1774-(5) (Blank). To develop and submit to the Governor,
1775-the General Assembly, the Directors of the agencies
1776-represented on the Authority, and the State Board of
1777-Education a master plan for individuals under 22 years of
1778-age with a behavior disorder or a severe emotional
1779-disturbance, including detailed plans of service ranging
1780-from the least to the most restrictive options; and to
1781-assist local communities, upon request, in developing or
1782-strengthening collaborative interagency networks.
1783-(6) (Blank). To develop a process for making
1784-
1785-
1786-determinations in situations where there is a dispute
1787-relative to a plan of service for individuals or funding
1788-for a plan of service.
1789-(7) (Blank). To provide technical assistance to
1790-parents, service consumers, providers, and member agency
1791-personnel regarding statutory responsibilities of human
1792-service and educational agencies, and to provide such
1793-assistance as deemed necessary to appropriately access
1794-needed services.
1795-(8) (Blank). To establish a pilot program to act as a
1796-residential research hub to research and identify
1797-appropriate residential settings for youth who are being
1798-housed in an emergency room for more than 72 hours or who
1799-are deemed beyond medical necessity in a psychiatric
1800-hospital. If a child is deemed beyond medical necessity in
1801-a psychiatric hospital and is in need of residential
1802-placement, the goal of the program is to prevent a
1803-lock-out pursuant to the goals of the Custody
1804-Relinquishment Prevention Act.
1805-(c) (1) The members of the Authority shall receive no
1806-compensation for their services but shall be entitled to
1807-reimbursement of reasonable expenses incurred while performing
1808-their duties.
1809-(2) The Authority may appoint special study groups to
1810-operate under the direction of the Authority and persons
1811-appointed to such groups shall receive only reimbursement of
1812-
1813-
1814-reasonable expenses incurred in the performance of their
1815-duties.
1816-(3) The Authority shall elect from its membership a
1817-chairperson, vice-chairperson and secretary.
1818-(4) The Authority may employ and fix the compensation of
1819-such employees and technical assistants as it deems necessary
1820-to carry out its powers and duties under this Act. Staff
1821-assistance for the Authority shall be provided by the State
1822-Board of Education.
1823-(5) Funds for the ordinary and contingent expenses of the
1824-Authority shall be appropriated to the State Board of
1825-Education in a separate line item.
1826-(d) (1) The Authority shall have power to promulgate rules
1827-and regulations to carry out its powers and duties under this
1828-Act.
1829-(2) The Authority may accept monetary gifts or grants from
1830-the federal government or any agency thereof, from any
1831-charitable foundation or professional association or from any
1832-other reputable source for implementation of any program
1833-necessary or desirable to the carrying out of the general
1834-purposes of the Authority. Such gifts and grants may be held in
1835-trust by the Authority and expended in the exercise of its
1836-powers and performance of its duties as prescribed by law.
1837-(3) The Authority shall submit an annual report of its
1838-activities and expenditures to the Governor, the General
1839-Assembly, the directors of agencies represented on the
1840-
1841-
1842-Authority, and the State Superintendent of Education, due
1843-January 1 of each year.
1844-(e) The Executive Director of the Authority or his or her
1845-designee shall be added as a participant on the Interagency
1846-Clinical Team established in the intergovernmental agreement
1847-among the Department of Healthcare and Family Services, the
1848-Department of Children and Family Services, the Department of
1849-Human Services, the State Board of Education, the Department
1850-of Juvenile Justice, and the Department of Public Health, with
1851-consent of the youth or the youth's guardian or family
1852-pursuant to the Custody Relinquishment Prevention Act.
1853-(Source: P.A. 102-43, eff. 7-6-21.)
1854-Section 25. The Illinois Public Aid Code is amended by
1855-changing Section 5-30.1 as follows:
1856-(305 ILCS 5/5-30.1)
1857-Sec. 5-30.1. Managed care protections.
1858-(a) As used in this Section:
1859-"Managed care organization" or "MCO" means any entity
1860-which contracts with the Department to provide services where
1861-payment for medical services is made on a capitated basis.
1862-"Emergency services" include:
1863-(1) emergency services, as defined by Section 10 of
1864-the Managed Care Reform and Patient Rights Act;
1865-(2) emergency medical screening examinations, as
1866-
1867-
1868-defined by Section 10 of the Managed Care Reform and
1869-Patient Rights Act;
1870-(3) post-stabilization medical services, as defined by
1871-Section 10 of the Managed Care Reform and Patient Rights
1872-Act; and
1873-(4) emergency medical conditions, as defined by
1874-Section 10 of the Managed Care Reform and Patient Rights
1875-Act.
1876-(b) As provided by Section 5-16.12, managed care
1877-organizations are subject to the provisions of the Managed
1878-Care Reform and Patient Rights Act.
1879-(c) An MCO shall pay any provider of emergency services
1880-that does not have in effect a contract with the contracted
1881-Medicaid MCO. The default rate of reimbursement shall be the
1882-rate paid under Illinois Medicaid fee-for-service program
1883-methodology, including all policy adjusters, including but not
1884-limited to Medicaid High Volume Adjustments, Medicaid
1885-Percentage Adjustments, Outpatient High Volume Adjustments,
1886-and all outlier add-on adjustments to the extent such
1887-adjustments are incorporated in the development of the
1888-applicable MCO capitated rates.
1889-(d) An MCO shall pay for all post-stabilization services
1890-as a covered service in any of the following situations:
1891-(1) the MCO authorized such services;
1892-(2) such services were administered to maintain the
1893-enrollee's stabilized condition within one hour after a
1894-
1895-
1896-request to the MCO for authorization of further
1897-post-stabilization services;
1898-(3) the MCO did not respond to a request to authorize
1899-such services within one hour;
1900-(4) the MCO could not be contacted; or
1901-(5) the MCO and the treating provider, if the treating
1902-provider is a non-affiliated provider, could not reach an
1903-agreement concerning the enrollee's care and an affiliated
1904-provider was unavailable for a consultation, in which case
1905-the MCO must pay for such services rendered by the
1906-treating non-affiliated provider until an affiliated
1907-provider was reached and either concurred with the
1908-treating non-affiliated provider's plan of care or assumed
1909-responsibility for the enrollee's care. Such payment shall
1910-be made at the default rate of reimbursement paid under
1911-Illinois Medicaid fee-for-service program methodology,
1912-including all policy adjusters, including but not limited
1913-to Medicaid High Volume Adjustments, Medicaid Percentage
1914-Adjustments, Outpatient High Volume Adjustments and all
1915-outlier add-on adjustments to the extent that such
1916-adjustments are incorporated in the development of the
1917-applicable MCO capitated rates.
1918-(e) The following requirements apply to MCOs in
1919-determining payment for all emergency services:
1920-(1) MCOs shall not impose any requirements for prior
1921-approval of emergency services.
1922-
1923-
1924-(2) The MCO shall cover emergency services provided to
1925-enrollees who are temporarily away from their residence
1926-and outside the contracting area to the extent that the
1927-enrollees would be entitled to the emergency services if
1928-they still were within the contracting area.
1929-(3) The MCO shall have no obligation to cover medical
1930-services provided on an emergency basis that are not
1931-covered services under the contract.
1932-(4) The MCO shall not condition coverage for emergency
1933-services on the treating provider notifying the MCO of the
1934-enrollee's screening and treatment within 10 days after
1935-presentation for emergency services.
1936-(5) The determination of the attending emergency
1937-physician, or the provider actually treating the enrollee,
1938-of whether an enrollee is sufficiently stabilized for
1939-discharge or transfer to another facility, shall be
1940-binding on the MCO. The MCO shall cover emergency services
1941-for all enrollees whether the emergency services are
1942-provided by an affiliated or non-affiliated provider.
1943-(6) The MCO's financial responsibility for
1944-post-stabilization care services it has not pre-approved
1945-ends when:
1946-(A) a plan physician with privileges at the
1947-treating hospital assumes responsibility for the
1948-enrollee's care;
1949-(B) a plan physician assumes responsibility for
1950-
1951-
1952-the enrollee's care through transfer;
1953-(C) a contracting entity representative and the
1954-treating physician reach an agreement concerning the
1955-enrollee's care; or
1956-(D) the enrollee is discharged.
1957-(f) Network adequacy and transparency.
1958-(1) The Department shall:
1959-(A) ensure that an adequate provider network is in
1960-place, taking into consideration health professional
1961-shortage areas and medically underserved areas;
1962-(B) publicly release an explanation of its process
1963-for analyzing network adequacy;
1964-(C) periodically ensure that an MCO continues to
1965-have an adequate network in place;
1966-(D) require MCOs, including Medicaid Managed Care
1967-Entities as defined in Section 5-30.2, to meet
1968-provider directory requirements under Section 5-30.3;
1969-(E) require MCOs to ensure that any
1970-Medicaid-certified provider under contract with an MCO
1971-and previously submitted on a roster on the date of
1972-service is paid for any medically necessary,
1973-Medicaid-covered, and authorized service rendered to
1974-any of the MCO's enrollees, regardless of inclusion on
1975-the MCO's published and publicly available directory
1976-of available providers; and
1977-(F) require MCOs, including Medicaid Managed Care
1978-
1979-
1980-Entities as defined in Section 5-30.2, to meet each of
1981-the requirements under subsection (d-5) of Section 10
1982-of the Network Adequacy and Transparency Act; with
1983-necessary exceptions to the MCO's network to ensure
1984-that admission and treatment with a provider or at a
1985-treatment facility in accordance with the network
1986-adequacy standards in paragraph (3) of subsection
1987-(d-5) of Section 10 of the Network Adequacy and
1988-Transparency Act is limited to providers or facilities
1989-that are Medicaid certified.
1990-(2) Each MCO shall confirm its receipt of information
1991-submitted specific to physician or dentist additions or
1992-physician or dentist deletions from the MCO's provider
1993-network within 3 days after receiving all required
1994-information from contracted physicians or dentists, and
1995-electronic physician and dental directories must be
1996-updated consistent with current rules as published by the
1997-Centers for Medicare and Medicaid Services or its
1998-successor agency.
1999-(g) Timely payment of claims.
2000-(1) The MCO shall pay a claim within 30 days of
2001-receiving a claim that contains all the essential
2002-information needed to adjudicate the claim.
2003-(2) The MCO shall notify the billing party of its
2004-inability to adjudicate a claim within 30 days of
2005-receiving that claim.
2006-
2007-
2008-(3) The MCO shall pay a penalty that is at least equal
2009-to the timely payment interest penalty imposed under
2010-Section 368a of the Illinois Insurance Code for any claims
2011-not timely paid.
2012-(A) When an MCO is required to pay a timely payment
2013-interest penalty to a provider, the MCO must calculate
2014-and pay the timely payment interest penalty that is
2015-due to the provider within 30 days after the payment of
2016-the claim. In no event shall a provider be required to
2017-request or apply for payment of any owed timely
2018-payment interest penalties.
2019-(B) Such payments shall be reported separately
2020-from the claim payment for services rendered to the
2021-MCO's enrollee and clearly identified as interest
2022-payments.
2023-(4)(A) The Department shall require MCOs to expedite
2024-payments to providers identified on the Department's
2025-expedited provider list, determined in accordance with 89
2026-Ill. Adm. Code 140.71(b), on a schedule at least as
2027-frequently as the providers are paid under the
2028-Department's fee-for-service expedited provider schedule.
2029-(B) Compliance with the expedited provider requirement
2030-may be satisfied by an MCO through the use of a Periodic
2031-Interim Payment (PIP) program that has been mutually
2032-agreed to and documented between the MCO and the provider,
2033-if the PIP program ensures that any expedited provider
2034-
2035-
2036-receives regular and periodic payments based on prior
2037-period payment experience from that MCO. Total payments
2038-under the PIP program may be reconciled against future PIP
2039-payments on a schedule mutually agreed to between the MCO
2040-and the provider.
2041-(C) The Department shall share at least monthly its
2042-expedited provider list and the frequency with which it
2043-pays providers on the expedited list.
2044-(g-5) Recognizing that the rapid transformation of the
2045-Illinois Medicaid program may have unintended operational
2046-challenges for both payers and providers:
2047-(1) in no instance shall a medically necessary covered
2048-service rendered in good faith, based upon eligibility
2049-information documented by the provider, be denied coverage
2050-or diminished in payment amount if the eligibility or
2051-coverage information available at the time the service was
2052-rendered is later found to be inaccurate in the assignment
2053-of coverage responsibility between MCOs or the
2054-fee-for-service system, except for instances when an
2055-individual is deemed to have not been eligible for
2056-coverage under the Illinois Medicaid program; and
2057-(2) the Department shall, by December 31, 2016, adopt
2058-rules establishing policies that shall be included in the
2059-Medicaid managed care policy and procedures manual
2060-addressing payment resolutions in situations in which a
2061-provider renders services based upon information obtained
2062-
2063-
2064-after verifying a patient's eligibility and coverage plan
2065-through either the Department's current enrollment system
2066-or a system operated by the coverage plan identified by
2067-the patient presenting for services:
2068-(A) such medically necessary covered services
2069-shall be considered rendered in good faith;
2070-(B) such policies and procedures shall be
2071-developed in consultation with industry
2072-representatives of the Medicaid managed care health
2073-plans and representatives of provider associations
2074-representing the majority of providers within the
2075-identified provider industry; and
2076-(C) such rules shall be published for a review and
2077-comment period of no less than 30 days on the
2078-Department's website with final rules remaining
2079-available on the Department's website.
2080-The rules on payment resolutions shall include, but
2081-not be limited to:
2082-(A) the extension of the timely filing period;
2083-(B) retroactive prior authorizations; and
2084-(C) guaranteed minimum payment rate of no less
2085-than the current, as of the date of service,
2086-fee-for-service rate, plus all applicable add-ons,
2087-when the resulting service relationship is out of
2088-network.
2089-The rules shall be applicable for both MCO coverage
2090-
2091-
2092-and fee-for-service coverage.
2093-If the fee-for-service system is ultimately determined to
2094-have been responsible for coverage on the date of service, the
2095-Department shall provide for an extended period for claims
2096-submission outside the standard timely filing requirements.
2097-(g-6) MCO Performance Metrics Report.
2098-(1) The Department shall publish, on at least a
2099-quarterly basis, each MCO's operational performance,
2100-including, but not limited to, the following categories of
2101-metrics:
2102-(A) claims payment, including timeliness and
2103-accuracy;
2104-(B) prior authorizations;
2105-(C) grievance and appeals;
2106-(D) utilization statistics;
2107-(E) provider disputes;
2108-(F) provider credentialing; and
2109-(G) member and provider customer service.
2110-(2) The Department shall ensure that the metrics
2111-report is accessible to providers online by January 1,
2112-2017.
2113-(3) The metrics shall be developed in consultation
2114-with industry representatives of the Medicaid managed care
2115-health plans and representatives of associations
2116-representing the majority of providers within the
2117-identified industry.
2118-
2119-
2120-(4) Metrics shall be defined and incorporated into the
2121-applicable Managed Care Policy Manual issued by the
2122-Department.
2123-(g-7) MCO claims processing and performance analysis. In
2124-order to monitor MCO payments to hospital providers, pursuant
2125-to Public Act 100-580, the Department shall post an analysis
2126-of MCO claims processing and payment performance on its
2127-website every 6 months. Such analysis shall include a review
2128-and evaluation of a representative sample of hospital claims
2129-that are rejected and denied for clean and unclean claims and
2130-the top 5 reasons for such actions and timeliness of claims
2131-adjudication, which identifies the percentage of claims
2132-adjudicated within 30, 60, 90, and over 90 days, and the dollar
2133-amounts associated with those claims.
2134-(g-8) Dispute resolution process. The Department shall
2135-maintain a provider complaint portal through which a provider
2136-can submit to the Department unresolved disputes with an MCO.
2137-An unresolved dispute means an MCO's decision that denies in
2138-whole or in part a claim for reimbursement to a provider for
2139-health care services rendered by the provider to an enrollee
2140-of the MCO with which the provider disagrees. Disputes shall
2141-not be submitted to the portal until the provider has availed
2142-itself of the MCO's internal dispute resolution process.
2143-Disputes that are submitted to the MCO internal dispute
2144-resolution process may be submitted to the Department of
2145-Healthcare and Family Services' complaint portal no sooner
2146-
2147-
2148-than 30 days after submitting to the MCO's internal process
2149-and not later than 30 days after the unsatisfactory resolution
2150-of the internal MCO process or 60 days after submitting the
2151-dispute to the MCO internal process. Multiple claim disputes
2152-involving the same MCO may be submitted in one complaint,
2153-regardless of whether the claims are for different enrollees,
2154-when the specific reason for non-payment of the claims
2155-involves a common question of fact or policy. Within 10
2156-business days of receipt of a complaint, the Department shall
2157-present such disputes to the appropriate MCO, which shall then
2158-have 30 days to issue its written proposal to resolve the
2159-dispute. The Department may grant one 30-day extension of this
2160-time frame to one of the parties to resolve the dispute. If the
2161-dispute remains unresolved at the end of this time frame or the
2162-provider is not satisfied with the MCO's written proposal to
2163-resolve the dispute, the provider may, within 30 days, request
2164-the Department to review the dispute and make a final
2165-determination. Within 30 days of the request for Department
2166-review of the dispute, both the provider and the MCO shall
2167-present all relevant information to the Department for
2168-resolution and make individuals with knowledge of the issues
2169-available to the Department for further inquiry if needed.
2170-Within 30 days of receiving the relevant information on the
2171-dispute, or the lapse of the period for submitting such
2172-information, the Department shall issue a written decision on
2173-the dispute based on contractual terms between the provider
2174-
2175-
2176-and the MCO, contractual terms between the MCO and the
2177-Department of Healthcare and Family Services and applicable
2178-Medicaid policy. The decision of the Department shall be
2179-final. By January 1, 2020, the Department shall establish by
2180-rule further details of this dispute resolution process.
2181-Disputes between MCOs and providers presented to the
2182-Department for resolution are not contested cases, as defined
2183-in Section 1-30 of the Illinois Administrative Procedure Act,
2184-conferring any right to an administrative hearing.
2185-(g-9)(1) The Department shall publish annually on its
2186-website a report on the calculation of each managed care
2187-organization's medical loss ratio showing the following:
2188-(A) Premium revenue, with appropriate adjustments.
2189-(B) Benefit expense, setting forth the aggregate
2190-amount spent for the following:
2191-(i) Direct paid claims.
2192-(ii) Subcapitation payments.
2193-(iii) Other claim payments.
2194-(iv) Direct reserves.
2195-(v) Gross recoveries.
2196-(vi) Expenses for activities that improve health
2197-care quality as allowed by the Department.
2198-(2) The medical loss ratio shall be calculated consistent
2199-with federal law and regulation following a claims runout
2200-period determined by the Department.
2201-(g-10)(1) "Liability effective date" means the date on
2202-
2203-
2204-which an MCO becomes responsible for payment for medically
2205-necessary and covered services rendered by a provider to one
2206-of its enrollees in accordance with the contract terms between
2207-the MCO and the provider. The liability effective date shall
2208-be the later of:
2209-(A) The execution date of a network participation
2210-contract agreement.
2211-(B) The date the provider or its representative
2212-submits to the MCO the complete and accurate standardized
2213-roster form for the provider in the format approved by the
2214-Department.
2215-(C) The provider effective date contained within the
2216-Department's provider enrollment subsystem within the
2217-Illinois Medicaid Program Advanced Cloud Technology
2218-(IMPACT) System.
2219-(2) The standardized roster form may be submitted to the
2220-MCO at the same time that the provider submits an enrollment
2221-application to the Department through IMPACT.
2222-(3) By October 1, 2019, the Department shall require all
2223-MCOs to update their provider directory with information for
2224-new practitioners of existing contracted providers within 30
2225-days of receipt of a complete and accurate standardized roster
2226-template in the format approved by the Department provided
2227-that the provider is effective in the Department's provider
2228-enrollment subsystem within the IMPACT system. Such provider
2229-directory shall be readily accessible for purposes of
2230-
2231-
2232-selecting an approved health care provider and comply with all
2233-other federal and State requirements.
2234-(g-11) The Department shall work with relevant
2235-stakeholders on the development of operational guidelines to
2236-enhance and improve operational performance of Illinois'
2237-Medicaid managed care program, including, but not limited to,
2238-improving provider billing practices, reducing claim
2239-rejections and inappropriate payment denials, and
2240-standardizing processes, procedures, definitions, and response
2241-timelines, with the goal of reducing provider and MCO
2242-administrative burdens and conflict. The Department shall
2243-include a report on the progress of these program improvements
2244-and other topics in its Fiscal Year 2020 annual report to the
2245-General Assembly.
2246-(g-12) Notwithstanding any other provision of law, if the
2247-Department or an MCO requires submission of a claim for
2248-payment in a non-electronic format, a provider shall always be
2249-afforded a period of no less than 90 business days, as a
2250-correction period, following any notification of rejection by
2251-either the Department or the MCO to correct errors or
2252-omissions in the original submission.
2253-Under no circumstances, either by an MCO or under the
2254-State's fee-for-service system, shall a provider be denied
2255-payment for failure to comply with any timely submission
2256-requirements under this Code or under any existing contract,
2257-unless the non-electronic format claim submission occurs after
2258-
2259-
2260-the initial 180 days following the latest date of service on
2261-the claim, or after the 90 business days correction period
2262-following notification to the provider of rejection or denial
2263-of payment.
2264-(h) The Department shall not expand mandatory MCO
2265-enrollment into new counties beyond those counties already
2266-designated by the Department as of June 1, 2014 for the
2267-individuals whose eligibility for medical assistance is not
2268-the seniors or people with disabilities population until the
2269-Department provides an opportunity for accountable care
2270-entities and MCOs to participate in such newly designated
2271-counties.
2272-(h-5) Leading indicator data sharing. By January 1, 2024,
2273-the Department shall obtain input from the Department of Human
2274-Services, the Department of Juvenile Justice, the Department
2275-of Children and Family Services, the State Board of Education,
2276-managed care organizations, providers, and clinical experts to
2277-identify and analyze key indicators from assessments and data
2278-sets available to the Department that can be shared with
2279-managed care organizations and similar care coordination
2280-entities contracted with the Department as leading indicators
2281-for elevated behavioral health crisis risk for children. To
2282-the extent permitted by State and federal law, the identified
2283-leading indicators shall be shared with managed care
2284-organizations and similar care coordination entities
2285-contracted with the Department within 6 months of
2286-
2287-
2288-identification for the purpose of improving care coordination
2289-with the early detection of elevated risk. Leading indicators
2290-shall be reassessed annually with stakeholder input.
2291-(i) The requirements of this Section apply to contracts
2292-with accountable care entities and MCOs entered into, amended,
2293-or renewed after June 16, 2014 (the effective date of Public
2294-Act 98-651).
2295-(j) Health care information released to managed care
2296-organizations. A health care provider shall release to a
2297-Medicaid managed care organization, upon request, and subject
2298-to the Health Insurance Portability and Accountability Act of
2299-1996 and any other law applicable to the release of health
2300-information, the health care information of the MCO's
2301-enrollee, if the enrollee has completed and signed a general
2302-release form that grants to the health care provider
2303-permission to release the recipient's health care information
2304-to the recipient's insurance carrier.
2305-(k) The Department of Healthcare and Family Services,
2306-managed care organizations, a statewide organization
2307-representing hospitals, and a statewide organization
2308-representing safety-net hospitals shall explore ways to
2309-support billing departments in safety-net hospitals.
2310-(l) The requirements of this Section added by Public Act
2311-102-4 shall apply to services provided on or after the first
2312-day of the month that begins 60 days after April 27, 2021 (the
2313-effective date of Public Act 102-4).
2314-
2315-
2316-(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
2317-102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
2318-8-20-21; 102-813, eff. 5-13-22.)
2319-Section 30. The Juvenile Court Act of 1987 is amended by
2320-changing Section 3-5 as follows:
2321-(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
2322-Sec. 3-5. Interim crisis intervention services.
2323-(a) Any minor who is taken into limited custody, or who
2324-independently requests or is referred for assistance, may be
2325-provided crisis intervention services by an agency or
2326-association, as defined in this Act, provided the association
2327-or agency staff (i) immediately investigate the circumstances
2328-of the minor and the facts surrounding the minor being taken
2329-into custody and promptly explain these facts and
2330-circumstances to the minor, and (ii) make a reasonable effort
2331-to inform the minor's parent, guardian or custodian of the
2332-fact that the minor has been taken into limited custody and
2333-where the minor is being kept, and (iii) if the minor consents,
2334-make a reasonable effort to transport, arrange for the
2335-transportation of, or otherwise release the minor to the
2336-parent, guardian or custodian. Upon release of the child who
2337-is believed to need or benefit from medical, psychological,
2338-psychiatric or social services, the association or agency may
2339-inform the minor and the person to whom the minor is released
2340-
2341-
2342-of the nature and location of appropriate services and shall,
2343-if requested, assist in establishing contact between the
2344-family and other associations or agencies providing such
2345-services. If the agency or association is unable by all
2346-reasonable efforts to contact a parent, guardian or custodian,
2347-or if the person contacted lives an unreasonable distance
2348-away, or if the minor refuses to be taken to his or her home or
2349-other appropriate residence, or if the agency or association
2350-is otherwise unable despite all reasonable efforts to make
2351-arrangements for the safe return of the minor, the minor may be
2352-taken to a temporary living arrangement which is in compliance
2353-with the Child Care Act of 1969 or which is with persons agreed
2354-to by the parents and the agency or association.
2355-(b) An agency or association is authorized to permit a
2356-minor to be sheltered in a temporary living arrangement
2357-provided the agency seeks to effect the minor's return home or
2358-alternative living arrangements agreeable to the minor and the
2359-parent, guardian, or custodian as soon as practicable. No
2360-minor shall be sheltered in a temporary living arrangement for
2361-more than 21 business days. Throughout such limited custody,
2362-the agency or association shall work with the parent,
2363-guardian, or custodian and the minor's local school district,
2364-the Department of Human Services, the Department of Healthcare
2365-and Family Services, the Department of Juvenile Justice, and
2366-the Department of Children and Family Services to identify
2367-immediate and long-term treatment or placement. 48 hours,
2368-
2369-
2370-excluding Saturdays, Sundays, and court-designated holidays,
2371-when the agency has reported the minor as neglected or abused
2372-because the parent, guardian, or custodian refuses to permit
2373-the child to return home, provided that in all other instances
2374-the minor may be sheltered when the agency obtains the consent
2375-of the parent, guardian, or custodian or documents its
2376-unsuccessful efforts to obtain the consent or authority of the
2377-parent, guardian, or custodian, including recording the date
2378-and the staff involved in all telephone calls, telegrams,
2379-letters, and personal contacts to obtain the consent or
2380-authority, in which instances the minor may be so sheltered
2381-for not more than 21 days. If at any time during the crisis
2382-intervention there is a concern that the minor has experienced
2383-abuse or neglect, the Comprehensive Community Based-Youth
2384-Services provider shall contact the parent, guardian or
2385-custodian refuses to permit the minor to return home, and no
2386-other living arrangement agreeable to the parent, guardian, or
2387-custodian can be made, and the parent, guardian, or custodian
2388-has not made any other appropriate living arrangement for the
2389-child, the agency may deem the minor to be neglected and report
2390-the neglect to the Department of Children and Family Services
2391-as provided in the Abused and Neglected Child Reporting Act.
2392-The Child Protective Service Unit of the Department of
2393-Children and Family Services shall begin an investigation of
2394-the report within 24 hours after receiving the report and
2395-shall determine whether to file a petition alleging that the
2396-
2397-
2398-minor is neglected or abused as described in Section 2-3 of
2399-this Act. Subject to appropriation, the Department may take
2400-the minor into temporary protective custody at any time after
2401-receiving the report, provided that the Department shall take
2402-temporary protective custody within 48 hours of receiving the
2403-report if its investigation is not completed. If the
2404-Department of Children and Family Services determines that the
2405-minor is not a neglected minor because the minor is an
2406-immediate physical danger to himself, herself, or others
2407-living in the home, then the Department shall take immediate
2408-steps to either secure the minor's immediate admission to a
2409-mental health facility, arrange for law enforcement
2410-authorities to take temporary custody of the minor as a
2411-delinquent minor, or take other appropriate action to assume
2412-protective custody in order to safeguard the minor or others
2413-living in the home from immediate physical danger.
2414-(c) Any agency or association or employee thereof acting
2415-reasonably and in good faith in the care of a minor being
2416-provided interim crisis intervention services and shelter care
2417-shall be immune from any civil or criminal liability resulting
2418-from such care.
2419-(Source: P.A. 95-443, eff. 1-1-08.)
32+SB0724 Enrolled- 2 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 2 - LRB103 29722 SPS 56127 b
33+ SB0724 Enrolled - 2 - LRB103 29722 SPS 56127 b
34+1 residential setting. Responsibilities of each participating
35+2 agency shall be outlined in an interagency agreement between
36+3 all the relevant State agencies.
37+4 Section 10. Interagency agreement. In order to establish
38+5 the Interagency Children's Behavioral Health Services Team,
39+6 within 90 days after the effective date of this Act, the
40+7 Department of Children of Family Services, the Department of
41+8 Human Services, the Department of Healthcare and Family
42+9 Services, the Illinois State Board of Education, the
43+10 Department of Juvenile Justice, and the Department of Public
44+11 Health shall enter into an interagency agreement for the
45+12 purpose of establishing the roles and responsibilities of each
46+13 participating agency.
47+14 The interagency agreement, among other things, shall
48+15 address all of the following:
49+16 (1) Require each participating agency to assign staff
50+17 to the Interagency Children's Behavioral Health Services
51+18 Team who have operational knowledge of and decision-making
52+19 authority over the agency's children's behavioral health
53+20 programs and services.
54+21 (2) Set criteria to identify children whose cases will
55+22 be presented to the Interagency Children's Behavioral
56+23 Health Services Team for prioritized review. Criteria
57+24 shall include, but not be limited to:
58+25 (A) the length of time the child has been
59+
60+
61+
62+
63+
64+ SB0724 Enrolled - 2 - LRB103 29722 SPS 56127 b
65+
66+
67+SB0724 Enrolled- 3 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 3 - LRB103 29722 SPS 56127 b
68+ SB0724 Enrolled - 3 - LRB103 29722 SPS 56127 b
69+1 clinically approved for residential services through
70+2 existing funding streams but has not been admitted to
71+3 an appropriate program;
72+4 (B) the length of time the child has been in a
73+5 hospital emergency department or medical unit seeking
74+6 inpatient treatment for psychiatric or behavioral
75+7 health emergency;
76+8 (C) the length of time the child has been in a
77+9 psychiatric or general acute care hospital for
78+10 inpatient psychiatric treatment beyond medical
79+11 necessity;
80+12 (D) the risk of being taken into the custody of the
81+13 Department of Children and Family Services in the
82+14 absence of abuse or neglect as defined by the Abused
83+15 and Neglected Child Reporting Act or the Juvenile
84+16 Court Act of 1987 for the sole purpose of obtaining
85+17 behavioral health services or residential treatment;
86+18 (E) other circumstances that require enhanced
87+19 interagency collaboration to find appropriate services
88+20 for the child.
89+21 (3) Require each agency, or its designee, to present
90+22 each identified child's clinical case, to the extent
91+23 permitted by State and federal law, to the Interagency
92+24 Children's Behavioral Health Services Team during regular
93+25 team meetings to outline the child's needs and to
94+26 determine if any of the participating agencies have
95+
96+
97+
98+
99+
100+ SB0724 Enrolled - 3 - LRB103 29722 SPS 56127 b
101+
102+
103+SB0724 Enrolled- 4 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 4 - LRB103 29722 SPS 56127 b
104+ SB0724 Enrolled - 4 - LRB103 29722 SPS 56127 b
105+1 residential or other supportive services that may be
106+2 available for the child to ensure that the child receives
107+3 appropriate treatment, including residential treatment if
108+4 necessary, as soon as possible.
109+5 (4) Require the Community and Residential Services
110+6 Authority to notify the Interagency Children's Behavioral
111+7 Health Services Team of any child that has been referred
112+8 for services who meet the criteria set forth in paragraph
113+9 (2) and to present the clinical cases for the child to the
114+10 interagency team to determine if any agency program can
115+11 assist the child.
116+12 (5) Require the participating agencies to develop a
117+13 quarterly analysis, to be submitted to the General
118+14 Assembly, the Governor's Office, and the Community and
119+15 Residential Services Authority including the following
120+16 information, to the extent permitted by State and federal
121+17 law:
122+18 (A) the number of children presented to the team;
123+19 (B) the children's clinical presentations that
124+20 required enhanced agency collaboration;
125+21 (C) the types of services including residential
126+22 treatment that were needed to appropriately support
127+23 the aggregate needs of children presented;
128+24 (D) the timeframe it took to find placement or
129+25 appropriate services; and
130+26 (E) any other data or information the Interagency
131+
132+
133+
134+
135+
136+ SB0724 Enrolled - 4 - LRB103 29722 SPS 56127 b
137+
138+
139+SB0724 Enrolled- 5 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 5 - LRB103 29722 SPS 56127 b
140+ SB0724 Enrolled - 5 - LRB103 29722 SPS 56127 b
141+1 Children's Behavioral Health Services Team deems
142+2 appropriate.
143+3 All information collected, shared, or stored pursuant to
144+4 this Section shall be handled in accordance with all State and
145+5 federal privacy laws and accompanying regulations and rules,
146+6 including without limitation the federal Health Insurance
147+7 Portability and Accountability Act of 1996 (Public Law
148+8 104-191) and the Mental Health and Developmental Disabilities
149+9 Confidentiality Act.
150+10 Nothing in this Section shall be construed or applied in a
151+11 manner that would conflict with, diminish, or infringe upon,
152+12 any State agency's obligation to comply fully with
153+13 requirements imposed under a court order or State or federal
154+14 consent decree applicable to that agency.
155+15 Section 15. The Children and Family Services Act is
156+16 amended by changing Sections 5 and 17 as follows:
157+17 (20 ILCS 505/5) (from Ch. 23, par. 5005)
158+18 Sec. 5. Direct child welfare services; Department of
159+19 Children and Family Services. To provide direct child welfare
160+20 services when not available through other public or private
161+21 child care or program facilities.
162+22 (a) For purposes of this Section:
163+23 (1) "Children" means persons found within the State
164+24 who are under the age of 18 years. The term also includes
165+
166+
167+
168+
169+
170+ SB0724 Enrolled - 5 - LRB103 29722 SPS 56127 b
171+
172+
173+SB0724 Enrolled- 6 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 6 - LRB103 29722 SPS 56127 b
174+ SB0724 Enrolled - 6 - LRB103 29722 SPS 56127 b
175+1 persons under age 21 who:
176+2 (A) were committed to the Department pursuant to
177+3 the Juvenile Court Act or the Juvenile Court Act of
178+4 1987 and who continue under the jurisdiction of the
179+5 court; or
180+6 (B) were accepted for care, service and training
181+7 by the Department prior to the age of 18 and whose best
182+8 interest in the discretion of the Department would be
183+9 served by continuing that care, service and training
184+10 because of severe emotional disturbances, physical
185+11 disability, social adjustment or any combination
186+12 thereof, or because of the need to complete an
187+13 educational or vocational training program.
188+14 (2) "Homeless youth" means persons found within the
189+15 State who are under the age of 19, are not in a safe and
190+16 stable living situation and cannot be reunited with their
191+17 families.
192+18 (3) "Child welfare services" means public social
193+19 services which are directed toward the accomplishment of
194+20 the following purposes:
195+21 (A) protecting and promoting the health, safety
196+22 and welfare of children, including homeless,
197+23 dependent, or neglected children;
198+24 (B) remedying, or assisting in the solution of
199+25 problems which may result in, the neglect, abuse,
200+26 exploitation, or delinquency of children;
201+
202+
203+
204+
205+
206+ SB0724 Enrolled - 6 - LRB103 29722 SPS 56127 b
207+
208+
209+SB0724 Enrolled- 7 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 7 - LRB103 29722 SPS 56127 b
210+ SB0724 Enrolled - 7 - LRB103 29722 SPS 56127 b
211+1 (C) preventing the unnecessary separation of
212+2 children from their families by identifying family
213+3 problems, assisting families in resolving their
214+4 problems, and preventing the breakup of the family
215+5 where the prevention of child removal is desirable and
216+6 possible when the child can be cared for at home
217+7 without endangering the child's health and safety;
218+8 (D) restoring to their families children who have
219+9 been removed, by the provision of services to the
220+10 child and the families when the child can be cared for
221+11 at home without endangering the child's health and
222+12 safety;
223+13 (E) placing children in suitable adoptive homes,
224+14 in cases where restoration to the biological family is
225+15 not safe, possible, or appropriate;
226+16 (F) assuring safe and adequate care of children
227+17 away from their homes, in cases where the child cannot
228+18 be returned home or cannot be placed for adoption. At
229+19 the time of placement, the Department shall consider
230+20 concurrent planning, as described in subsection (l-1)
231+21 of this Section so that permanency may occur at the
232+22 earliest opportunity. Consideration should be given so
233+23 that if reunification fails or is delayed, the
234+24 placement made is the best available placement to
235+25 provide permanency for the child;
236+26 (G) (blank);
237+
238+
239+
240+
241+
242+ SB0724 Enrolled - 7 - LRB103 29722 SPS 56127 b
243+
244+
245+SB0724 Enrolled- 8 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 8 - LRB103 29722 SPS 56127 b
246+ SB0724 Enrolled - 8 - LRB103 29722 SPS 56127 b
247+1 (H) (blank); and
248+2 (I) placing and maintaining children in facilities
249+3 that provide separate living quarters for children
250+4 under the age of 18 and for children 18 years of age
251+5 and older, unless a child 18 years of age is in the
252+6 last year of high school education or vocational
253+7 training, in an approved individual or group treatment
254+8 program, in a licensed shelter facility, or secure
255+9 child care facility. The Department is not required to
256+10 place or maintain children:
257+11 (i) who are in a foster home, or
258+12 (ii) who are persons with a developmental
259+13 disability, as defined in the Mental Health and
260+14 Developmental Disabilities Code, or
261+15 (iii) who are female children who are
262+16 pregnant, pregnant and parenting, or parenting, or
263+17 (iv) who are siblings, in facilities that
264+18 provide separate living quarters for children 18
265+19 years of age and older and for children under 18
266+20 years of age.
267+21 (b) (Blank).
268+22 (b-5) The Department shall adopt rules to establish a
269+23 process for all licensed residential providers in Illinois to
270+24 submit data as required by the Department, if they contract or
271+25 receive reimbursement for children's mental health, substance
272+26 use, and developmental disability services from the Department
273+
274+
275+
276+
277+
278+ SB0724 Enrolled - 8 - LRB103 29722 SPS 56127 b
279+
280+
281+SB0724 Enrolled- 9 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 9 - LRB103 29722 SPS 56127 b
282+ SB0724 Enrolled - 9 - LRB103 29722 SPS 56127 b
283+1 of Human Services, the Department of Juvenile Justice, or the
284+2 Department of Healthcare and Family Services. The requested
285+3 data must include, but is not limited to, capacity, staffing,
286+4 and occupancy data for the purpose of establishing State need
287+5 and placement availability.
288+6 All information collected, shared, or stored pursuant to
289+7 this subsection shall be handled in accordance with all State
290+8 and federal privacy laws and accompanying regulations and
291+9 rules, including without limitation the federal Health
292+10 Insurance Portability and Accountability Act of 1996 (Public
293+11 Law 104-191) and the Mental Health and Developmental
294+12 Disabilities Confidentiality Act.
295+13 (c) The Department shall establish and maintain
296+14 tax-supported child welfare services and extend and seek to
297+15 improve voluntary services throughout the State, to the end
298+16 that services and care shall be available on an equal basis
299+17 throughout the State to children requiring such services.
300+18 (d) The Director may authorize advance disbursements for
301+19 any new program initiative to any agency contracting with the
302+20 Department. As a prerequisite for an advance disbursement, the
303+21 contractor must post a surety bond in the amount of the advance
304+22 disbursement and have a purchase of service contract approved
305+23 by the Department. The Department may pay up to 2 months
306+24 operational expenses in advance. The amount of the advance
307+25 disbursement shall be prorated over the life of the contract
308+26 or the remaining months of the fiscal year, whichever is less,
309+
310+
311+
312+
313+
314+ SB0724 Enrolled - 9 - LRB103 29722 SPS 56127 b
315+
316+
317+SB0724 Enrolled- 10 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 10 - LRB103 29722 SPS 56127 b
318+ SB0724 Enrolled - 10 - LRB103 29722 SPS 56127 b
319+1 and the installment amount shall then be deducted from future
320+2 bills. Advance disbursement authorizations for new initiatives
321+3 shall not be made to any agency after that agency has operated
322+4 during 2 consecutive fiscal years. The requirements of this
323+5 Section concerning advance disbursements shall not apply with
324+6 respect to the following: payments to local public agencies
325+7 for child day care services as authorized by Section 5a of this
326+8 Act; and youth service programs receiving grant funds under
327+9 Section 17a-4.
328+10 (e) (Blank).
329+11 (f) (Blank).
330+12 (g) The Department shall establish rules and regulations
331+13 concerning its operation of programs designed to meet the
332+14 goals of child safety and protection, family preservation,
333+15 family reunification, and adoption, including, but not limited
334+16 to:
335+17 (1) adoption;
336+18 (2) foster care;
337+19 (3) family counseling;
338+20 (4) protective services;
339+21 (5) (blank);
340+22 (6) homemaker service;
341+23 (7) return of runaway children;
342+24 (8) (blank);
343+25 (9) placement under Section 5-7 of the Juvenile Court
344+26 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
345+
346+
347+
348+
349+
350+ SB0724 Enrolled - 10 - LRB103 29722 SPS 56127 b
351+
352+
353+SB0724 Enrolled- 11 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 11 - LRB103 29722 SPS 56127 b
354+ SB0724 Enrolled - 11 - LRB103 29722 SPS 56127 b
355+1 Court Act of 1987 in accordance with the federal Adoption
356+2 Assistance and Child Welfare Act of 1980; and
357+3 (10) interstate services.
358+4 Rules and regulations established by the Department shall
359+5 include provisions for training Department staff and the staff
360+6 of Department grantees, through contracts with other agencies
361+7 or resources, in screening techniques to identify substance
362+8 use disorders, as defined in the Substance Use Disorder Act,
363+9 approved by the Department of Human Services, as a successor
364+10 to the Department of Alcoholism and Substance Abuse, for the
365+11 purpose of identifying children and adults who should be
366+12 referred for an assessment at an organization appropriately
367+13 licensed by the Department of Human Services for substance use
368+14 disorder treatment.
369+15 (h) If the Department finds that there is no appropriate
370+16 program or facility within or available to the Department for
371+17 a youth in care and that no licensed private facility has an
372+18 adequate and appropriate program or none agrees to accept the
373+19 youth in care, the Department shall create an appropriate
374+20 individualized, program-oriented plan for such youth in care.
375+21 The plan may be developed within the Department or through
376+22 purchase of services by the Department to the extent that it is
377+23 within its statutory authority to do.
378+24 (i) Service programs shall be available throughout the
379+25 State and shall include but not be limited to the following
380+26 services:
381+
382+
383+
384+
385+
386+ SB0724 Enrolled - 11 - LRB103 29722 SPS 56127 b
387+
388+
389+SB0724 Enrolled- 12 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 12 - LRB103 29722 SPS 56127 b
390+ SB0724 Enrolled - 12 - LRB103 29722 SPS 56127 b
391+1 (1) case management;
392+2 (2) homemakers;
393+3 (3) counseling;
394+4 (4) parent education;
395+5 (5) day care; and
396+6 (6) emergency assistance and advocacy.
397+7 In addition, the following services may be made available
398+8 to assess and meet the needs of children and families:
399+9 (1) comprehensive family-based services;
400+10 (2) assessments;
401+11 (3) respite care; and
402+12 (4) in-home health services.
403+13 The Department shall provide transportation for any of the
404+14 services it makes available to children or families or for
405+15 which it refers children or families.
406+16 (j) The Department may provide categories of financial
407+17 assistance and education assistance grants, and shall
408+18 establish rules and regulations concerning the assistance and
409+19 grants, to persons who adopt children with physical or mental
410+20 disabilities, children who are older, or other hard-to-place
411+21 children who (i) immediately prior to their adoption were
412+22 youth in care or (ii) were determined eligible for financial
413+23 assistance with respect to a prior adoption and who become
414+24 available for adoption because the prior adoption has been
415+25 dissolved and the parental rights of the adoptive parents have
416+26 been terminated or because the child's adoptive parents have
417+
418+
419+
420+
421+
422+ SB0724 Enrolled - 12 - LRB103 29722 SPS 56127 b
423+
424+
425+SB0724 Enrolled- 13 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 13 - LRB103 29722 SPS 56127 b
426+ SB0724 Enrolled - 13 - LRB103 29722 SPS 56127 b
427+1 died. The Department may continue to provide financial
428+2 assistance and education assistance grants for a child who was
429+3 determined eligible for financial assistance under this
430+4 subsection (j) in the interim period beginning when the
431+5 child's adoptive parents died and ending with the finalization
432+6 of the new adoption of the child by another adoptive parent or
433+7 parents. The Department may also provide categories of
434+8 financial assistance and education assistance grants, and
435+9 shall establish rules and regulations for the assistance and
436+10 grants, to persons appointed guardian of the person under
437+11 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
438+12 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
439+13 who were youth in care for 12 months immediately prior to the
440+14 appointment of the guardian.
441+15 The amount of assistance may vary, depending upon the
442+16 needs of the child and the adoptive parents, as set forth in
443+17 the annual assistance agreement. Special purpose grants are
444+18 allowed where the child requires special service but such
445+19 costs may not exceed the amounts which similar services would
446+20 cost the Department if it were to provide or secure them as
447+21 guardian of the child.
448+22 Any financial assistance provided under this subsection is
449+23 inalienable by assignment, sale, execution, attachment,
450+24 garnishment, or any other remedy for recovery or collection of
451+25 a judgment or debt.
452+26 (j-5) The Department shall not deny or delay the placement
453+
454+
455+
456+
457+
458+ SB0724 Enrolled - 13 - LRB103 29722 SPS 56127 b
459+
460+
461+SB0724 Enrolled- 14 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 14 - LRB103 29722 SPS 56127 b
462+ SB0724 Enrolled - 14 - LRB103 29722 SPS 56127 b
463+1 of a child for adoption if an approved family is available
464+2 either outside of the Department region handling the case, or
465+3 outside of the State of Illinois.
466+4 (k) The Department shall accept for care and training any
467+5 child who has been adjudicated neglected or abused, or
468+6 dependent committed to it pursuant to the Juvenile Court Act
469+7 or the Juvenile Court Act of 1987.
470+8 (l) The Department shall offer family preservation
471+9 services, as defined in Section 8.2 of the Abused and
472+10 Neglected Child Reporting Act, to help families, including
473+11 adoptive and extended families. Family preservation services
474+12 shall be offered (i) to prevent the placement of children in
475+13 substitute care when the children can be cared for at home or
476+14 in the custody of the person responsible for the children's
477+15 welfare, (ii) to reunite children with their families, or
478+16 (iii) to maintain an adoptive placement. Family preservation
479+17 services shall only be offered when doing so will not endanger
480+18 the children's health or safety. With respect to children who
481+19 are in substitute care pursuant to the Juvenile Court Act of
482+20 1987, family preservation services shall not be offered if a
483+21 goal other than those of subdivisions (A), (B), or (B-1) of
484+22 subsection (2) of Section 2-28 of that Act has been set, except
485+23 that reunification services may be offered as provided in
486+24 paragraph (F) of subsection (2) of Section 2-28 of that Act.
487+25 Nothing in this paragraph shall be construed to create a
488+26 private right of action or claim on the part of any individual
489+
490+
491+
492+
493+
494+ SB0724 Enrolled - 14 - LRB103 29722 SPS 56127 b
495+
496+
497+SB0724 Enrolled- 15 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 15 - LRB103 29722 SPS 56127 b
498+ SB0724 Enrolled - 15 - LRB103 29722 SPS 56127 b
499+1 or child welfare agency, except that when a child is the
500+2 subject of an action under Article II of the Juvenile Court Act
501+3 of 1987 and the child's service plan calls for services to
502+4 facilitate achievement of the permanency goal, the court
503+5 hearing the action under Article II of the Juvenile Court Act
504+6 of 1987 may order the Department to provide the services set
505+7 out in the plan, if those services are not provided with
506+8 reasonable promptness and if those services are available.
507+9 The Department shall notify the child and his family of
508+10 the Department's responsibility to offer and provide family
509+11 preservation services as identified in the service plan. The
510+12 child and his family shall be eligible for services as soon as
511+13 the report is determined to be "indicated". The Department may
512+14 offer services to any child or family with respect to whom a
513+15 report of suspected child abuse or neglect has been filed,
514+16 prior to concluding its investigation under Section 7.12 of
515+17 the Abused and Neglected Child Reporting Act. However, the
516+18 child's or family's willingness to accept services shall not
517+19 be considered in the investigation. The Department may also
518+20 provide services to any child or family who is the subject of
519+21 any report of suspected child abuse or neglect or may refer
520+22 such child or family to services available from other agencies
521+23 in the community, even if the report is determined to be
522+24 unfounded, if the conditions in the child's or family's home
523+25 are reasonably likely to subject the child or family to future
524+26 reports of suspected child abuse or neglect. Acceptance of
525+
526+
527+
528+
529+
530+ SB0724 Enrolled - 15 - LRB103 29722 SPS 56127 b
531+
532+
533+SB0724 Enrolled- 16 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 16 - LRB103 29722 SPS 56127 b
534+ SB0724 Enrolled - 16 - LRB103 29722 SPS 56127 b
535+1 such services shall be voluntary. The Department may also
536+2 provide services to any child or family after completion of a
537+3 family assessment, as an alternative to an investigation, as
538+4 provided under the "differential response program" provided
539+5 for in subsection (a-5) of Section 7.4 of the Abused and
540+6 Neglected Child Reporting Act.
541+7 The Department may, at its discretion except for those
542+8 children also adjudicated neglected or dependent, accept for
543+9 care and training any child who has been adjudicated addicted,
544+10 as a truant minor in need of supervision or as a minor
545+11 requiring authoritative intervention, under the Juvenile Court
546+12 Act or the Juvenile Court Act of 1987, but no such child shall
547+13 be committed to the Department by any court without the
548+14 approval of the Department. On and after January 1, 2015 (the
549+15 effective date of Public Act 98-803) and before January 1,
550+16 2017, a minor charged with a criminal offense under the
551+17 Criminal Code of 1961 or the Criminal Code of 2012 or
552+18 adjudicated delinquent shall not be placed in the custody of
553+19 or committed to the Department by any court, except (i) a minor
554+20 less than 16 years of age committed to the Department under
555+21 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
556+22 for whom an independent basis of abuse, neglect, or dependency
557+23 exists, which must be defined by departmental rule, or (iii) a
558+24 minor for whom the court has granted a supplemental petition
559+25 to reinstate wardship pursuant to subsection (2) of Section
560+26 2-33 of the Juvenile Court Act of 1987. On and after January 1,
561+
562+
563+
564+
565+
566+ SB0724 Enrolled - 16 - LRB103 29722 SPS 56127 b
567+
568+
569+SB0724 Enrolled- 17 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 17 - LRB103 29722 SPS 56127 b
570+ SB0724 Enrolled - 17 - LRB103 29722 SPS 56127 b
571+1 2017, a minor charged with a criminal offense under the
572+2 Criminal Code of 1961 or the Criminal Code of 2012 or
573+3 adjudicated delinquent shall not be placed in the custody of
574+4 or committed to the Department by any court, except (i) a minor
575+5 less than 15 years of age committed to the Department under
576+6 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
577+7 for whom an independent basis of abuse, neglect, or dependency
578+8 exists, which must be defined by departmental rule, or (iii) a
579+9 minor for whom the court has granted a supplemental petition
580+10 to reinstate wardship pursuant to subsection (2) of Section
581+11 2-33 of the Juvenile Court Act of 1987. An independent basis
582+12 exists when the allegations or adjudication of abuse, neglect,
583+13 or dependency do not arise from the same facts, incident, or
584+14 circumstances which give rise to a charge or adjudication of
585+15 delinquency. The Department shall assign a caseworker to
586+16 attend any hearing involving a youth in the care and custody of
587+17 the Department who is placed on aftercare release, including
588+18 hearings involving sanctions for violation of aftercare
589+19 release conditions and aftercare release revocation hearings.
590+20 As soon as is possible after August 7, 2009 (the effective
591+21 date of Public Act 96-134), the Department shall develop and
592+22 implement a special program of family preservation services to
593+23 support intact, foster, and adoptive families who are
594+24 experiencing extreme hardships due to the difficulty and
595+25 stress of caring for a child who has been diagnosed with a
596+26 pervasive developmental disorder if the Department determines
597+
598+
599+
600+
601+
602+ SB0724 Enrolled - 17 - LRB103 29722 SPS 56127 b
603+
604+
605+SB0724 Enrolled- 18 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 18 - LRB103 29722 SPS 56127 b
606+ SB0724 Enrolled - 18 - LRB103 29722 SPS 56127 b
607+1 that those services are necessary to ensure the health and
608+2 safety of the child. The Department may offer services to any
609+3 family whether or not a report has been filed under the Abused
610+4 and Neglected Child Reporting Act. The Department may refer
611+5 the child or family to services available from other agencies
612+6 in the community if the conditions in the child's or family's
613+7 home are reasonably likely to subject the child or family to
614+8 future reports of suspected child abuse or neglect. Acceptance
615+9 of these services shall be voluntary. The Department shall
616+10 develop and implement a public information campaign to alert
617+11 health and social service providers and the general public
618+12 about these special family preservation services. The nature
619+13 and scope of the services offered and the number of families
620+14 served under the special program implemented under this
621+15 paragraph shall be determined by the level of funding that the
622+16 Department annually allocates for this purpose. The term
623+17 "pervasive developmental disorder" under this paragraph means
624+18 a neurological condition, including, but not limited to,
625+19 Asperger's Syndrome and autism, as defined in the most recent
626+20 edition of the Diagnostic and Statistical Manual of Mental
627+21 Disorders of the American Psychiatric Association.
628+22 (l-1) The legislature recognizes that the best interests
629+23 of the child require that the child be placed in the most
630+24 permanent living arrangement as soon as is practically
631+25 possible. To achieve this goal, the legislature directs the
632+26 Department of Children and Family Services to conduct
633+
634+
635+
636+
637+
638+ SB0724 Enrolled - 18 - LRB103 29722 SPS 56127 b
639+
640+
641+SB0724 Enrolled- 19 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 19 - LRB103 29722 SPS 56127 b
642+ SB0724 Enrolled - 19 - LRB103 29722 SPS 56127 b
643+1 concurrent planning so that permanency may occur at the
644+2 earliest opportunity. Permanent living arrangements may
645+3 include prevention of placement of a child outside the home of
646+4 the family when the child can be cared for at home without
647+5 endangering the child's health or safety; reunification with
648+6 the family, when safe and appropriate, if temporary placement
649+7 is necessary; or movement of the child toward the most
650+8 permanent living arrangement and permanent legal status.
651+9 When determining reasonable efforts to be made with
652+10 respect to a child, as described in this subsection, and in
653+11 making such reasonable efforts, the child's health and safety
654+12 shall be the paramount concern.
655+13 When a child is placed in foster care, the Department
656+14 shall ensure and document that reasonable efforts were made to
657+15 prevent or eliminate the need to remove the child from the
658+16 child's home. The Department must make reasonable efforts to
659+17 reunify the family when temporary placement of the child
660+18 occurs unless otherwise required, pursuant to the Juvenile
661+19 Court Act of 1987. At any time after the dispositional hearing
662+20 where the Department believes that further reunification
663+21 services would be ineffective, it may request a finding from
664+22 the court that reasonable efforts are no longer appropriate.
665+23 The Department is not required to provide further
666+24 reunification services after such a finding.
667+25 A decision to place a child in substitute care shall be
668+26 made with considerations of the child's health, safety, and
669+
670+
671+
672+
673+
674+ SB0724 Enrolled - 19 - LRB103 29722 SPS 56127 b
675+
676+
677+SB0724 Enrolled- 20 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 20 - LRB103 29722 SPS 56127 b
678+ SB0724 Enrolled - 20 - LRB103 29722 SPS 56127 b
679+1 best interests. At the time of placement, consideration should
680+2 also be given so that if reunification fails or is delayed, the
681+3 placement made is the best available placement to provide
682+4 permanency for the child.
683+5 The Department shall adopt rules addressing concurrent
684+6 planning for reunification and permanency. The Department
685+7 shall consider the following factors when determining
686+8 appropriateness of concurrent planning:
687+9 (1) the likelihood of prompt reunification;
688+10 (2) the past history of the family;
689+11 (3) the barriers to reunification being addressed by
690+12 the family;
691+13 (4) the level of cooperation of the family;
692+14 (5) the foster parents' willingness to work with the
693+15 family to reunite;
694+16 (6) the willingness and ability of the foster family
695+17 to provide an adoptive home or long-term placement;
696+18 (7) the age of the child;
697+19 (8) placement of siblings.
698+20 (m) The Department may assume temporary custody of any
699+21 child if:
700+22 (1) it has received a written consent to such
701+23 temporary custody signed by the parents of the child or by
702+24 the parent having custody of the child if the parents are
703+25 not living together or by the guardian or custodian of the
704+26 child if the child is not in the custody of either parent,
705+
706+
707+
708+
709+
710+ SB0724 Enrolled - 20 - LRB103 29722 SPS 56127 b
711+
712+
713+SB0724 Enrolled- 21 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 21 - LRB103 29722 SPS 56127 b
714+ SB0724 Enrolled - 21 - LRB103 29722 SPS 56127 b
715+1 or
716+2 (2) the child is found in the State and neither a
717+3 parent, guardian nor custodian of the child can be
718+4 located.
719+5 If the child is found in his or her residence without a parent,
720+6 guardian, custodian, or responsible caretaker, the Department
721+7 may, instead of removing the child and assuming temporary
722+8 custody, place an authorized representative of the Department
723+9 in that residence until such time as a parent, guardian, or
724+10 custodian enters the home and expresses a willingness and
725+11 apparent ability to ensure the child's health and safety and
726+12 resume permanent charge of the child, or until a relative
727+13 enters the home and is willing and able to ensure the child's
728+14 health and safety and assume charge of the child until a
729+15 parent, guardian, or custodian enters the home and expresses
730+16 such willingness and ability to ensure the child's safety and
731+17 resume permanent charge. After a caretaker has remained in the
732+18 home for a period not to exceed 12 hours, the Department must
733+19 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
734+20 5-415 of the Juvenile Court Act of 1987.
735+21 The Department shall have the authority, responsibilities
736+22 and duties that a legal custodian of the child would have
737+23 pursuant to subsection (9) of Section 1-3 of the Juvenile
738+24 Court Act of 1987. Whenever a child is taken into temporary
739+25 custody pursuant to an investigation under the Abused and
740+26 Neglected Child Reporting Act, or pursuant to a referral and
741+
742+
743+
744+
745+
746+ SB0724 Enrolled - 21 - LRB103 29722 SPS 56127 b
747+
748+
749+SB0724 Enrolled- 22 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 22 - LRB103 29722 SPS 56127 b
750+ SB0724 Enrolled - 22 - LRB103 29722 SPS 56127 b
751+1 acceptance under the Juvenile Court Act of 1987 of a minor in
752+2 limited custody, the Department, during the period of
753+3 temporary custody and before the child is brought before a
754+4 judicial officer as required by Section 2-9, 3-11, 4-8, or
755+5 5-415 of the Juvenile Court Act of 1987, shall have the
756+6 authority, responsibilities and duties that a legal custodian
757+7 of the child would have under subsection (9) of Section 1-3 of
758+8 the Juvenile Court Act of 1987.
759+9 The Department shall ensure that any child taken into
760+10 custody is scheduled for an appointment for a medical
761+11 examination.
762+12 A parent, guardian, or custodian of a child in the
763+13 temporary custody of the Department who would have custody of
764+14 the child if he were not in the temporary custody of the
765+15 Department may deliver to the Department a signed request that
766+16 the Department surrender the temporary custody of the child.
767+17 The Department may retain temporary custody of the child for
768+18 10 days after the receipt of the request, during which period
769+19 the Department may cause to be filed a petition pursuant to the
770+20 Juvenile Court Act of 1987. If a petition is so filed, the
771+21 Department shall retain temporary custody of the child until
772+22 the court orders otherwise. If a petition is not filed within
773+23 the 10-day period, the child shall be surrendered to the
774+24 custody of the requesting parent, guardian, or custodian not
775+25 later than the expiration of the 10-day period, at which time
776+26 the authority and duties of the Department with respect to the
777+
778+
779+
780+
781+
782+ SB0724 Enrolled - 22 - LRB103 29722 SPS 56127 b
783+
784+
785+SB0724 Enrolled- 23 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 23 - LRB103 29722 SPS 56127 b
786+ SB0724 Enrolled - 23 - LRB103 29722 SPS 56127 b
787+1 temporary custody of the child shall terminate.
788+2 (m-1) The Department may place children under 18 years of
789+3 age in a secure child care facility licensed by the Department
790+4 that cares for children who are in need of secure living
791+5 arrangements for their health, safety, and well-being after a
792+6 determination is made by the facility director and the
793+7 Director or the Director's designate prior to admission to the
794+8 facility subject to Section 2-27.1 of the Juvenile Court Act
795+9 of 1987. This subsection (m-1) does not apply to a child who is
796+10 subject to placement in a correctional facility operated
797+11 pursuant to Section 3-15-2 of the Unified Code of Corrections,
798+12 unless the child is a youth in care who was placed in the care
799+13 of the Department before being subject to placement in a
800+14 correctional facility and a court of competent jurisdiction
801+15 has ordered placement of the child in a secure care facility.
802+16 (n) The Department may place children under 18 years of
803+17 age in licensed child care facilities when in the opinion of
804+18 the Department, appropriate services aimed at family
805+19 preservation have been unsuccessful and cannot ensure the
806+20 child's health and safety or are unavailable and such
807+21 placement would be for their best interest. Payment for board,
808+22 clothing, care, training and supervision of any child placed
809+23 in a licensed child care facility may be made by the
810+24 Department, by the parents or guardians of the estates of
811+25 those children, or by both the Department and the parents or
812+26 guardians, except that no payments shall be made by the
813+
814+
815+
816+
817+
818+ SB0724 Enrolled - 23 - LRB103 29722 SPS 56127 b
819+
820+
821+SB0724 Enrolled- 24 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 24 - LRB103 29722 SPS 56127 b
822+ SB0724 Enrolled - 24 - LRB103 29722 SPS 56127 b
823+1 Department for any child placed in a licensed child care
824+2 facility for board, clothing, care, training and supervision
825+3 of such a child that exceed the average per capita cost of
826+4 maintaining and of caring for a child in institutions for
827+5 dependent or neglected children operated by the Department.
828+6 However, such restriction on payments does not apply in cases
829+7 where children require specialized care and treatment for
830+8 problems of severe emotional disturbance, physical disability,
831+9 social adjustment, or any combination thereof and suitable
832+10 facilities for the placement of such children are not
833+11 available at payment rates within the limitations set forth in
834+12 this Section. All reimbursements for services delivered shall
835+13 be absolutely inalienable by assignment, sale, attachment, or
836+14 garnishment or otherwise.
837+15 (n-1) The Department shall provide or authorize child
838+16 welfare services, aimed at assisting minors to achieve
839+17 sustainable self-sufficiency as independent adults, for any
840+18 minor eligible for the reinstatement of wardship pursuant to
841+19 subsection (2) of Section 2-33 of the Juvenile Court Act of
842+20 1987, whether or not such reinstatement is sought or allowed,
843+21 provided that the minor consents to such services and has not
844+22 yet attained the age of 21. The Department shall have
845+23 responsibility for the development and delivery of services
846+24 under this Section. An eligible youth may access services
847+25 under this Section through the Department of Children and
848+26 Family Services or by referral from the Department of Human
849+
850+
851+
852+
853+
854+ SB0724 Enrolled - 24 - LRB103 29722 SPS 56127 b
855+
856+
857+SB0724 Enrolled- 25 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 25 - LRB103 29722 SPS 56127 b
858+ SB0724 Enrolled - 25 - LRB103 29722 SPS 56127 b
859+1 Services. Youth participating in services under this Section
860+2 shall cooperate with the assigned case manager in developing
861+3 an agreement identifying the services to be provided and how
862+4 the youth will increase skills to achieve self-sufficiency. A
863+5 homeless shelter is not considered appropriate housing for any
864+6 youth receiving child welfare services under this Section. The
865+7 Department shall continue child welfare services under this
866+8 Section to any eligible minor until the minor becomes 21 years
867+9 of age, no longer consents to participate, or achieves
868+10 self-sufficiency as identified in the minor's service plan.
869+11 The Department of Children and Family Services shall create
870+12 clear, readable notice of the rights of former foster youth to
871+13 child welfare services under this Section and how such
872+14 services may be obtained. The Department of Children and
873+15 Family Services and the Department of Human Services shall
874+16 disseminate this information statewide. The Department shall
875+17 adopt regulations describing services intended to assist
876+18 minors in achieving sustainable self-sufficiency as
877+19 independent adults.
878+20 (o) The Department shall establish an administrative
879+21 review and appeal process for children and families who
880+22 request or receive child welfare services from the Department.
881+23 Youth in care who are placed by private child welfare
882+24 agencies, and foster families with whom those youth are
883+25 placed, shall be afforded the same procedural and appeal
884+26 rights as children and families in the case of placement by the
885+
886+
887+
888+
889+
890+ SB0724 Enrolled - 25 - LRB103 29722 SPS 56127 b
891+
892+
893+SB0724 Enrolled- 26 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 26 - LRB103 29722 SPS 56127 b
894+ SB0724 Enrolled - 26 - LRB103 29722 SPS 56127 b
895+1 Department, including the right to an initial review of a
896+2 private agency decision by that agency. The Department shall
897+3 ensure that any private child welfare agency, which accepts
898+4 youth in care for placement, affords those rights to children
899+5 and foster families. The Department shall accept for
900+6 administrative review and an appeal hearing a complaint made
901+7 by (i) a child or foster family concerning a decision
902+8 following an initial review by a private child welfare agency
903+9 or (ii) a prospective adoptive parent who alleges a violation
904+10 of subsection (j-5) of this Section. An appeal of a decision
905+11 concerning a change in the placement of a child shall be
906+12 conducted in an expedited manner. A court determination that a
907+13 current foster home placement is necessary and appropriate
908+14 under Section 2-28 of the Juvenile Court Act of 1987 does not
909+15 constitute a judicial determination on the merits of an
910+16 administrative appeal, filed by a former foster parent,
911+17 involving a change of placement decision.
912+18 (p) (Blank).
913+19 (q) The Department may receive and use, in their entirety,
914+20 for the benefit of children any gift, donation, or bequest of
915+21 money or other property which is received on behalf of such
916+22 children, or any financial benefits to which such children are
917+23 or may become entitled while under the jurisdiction or care of
918+24 the Department, except that the benefits described in Section
919+25 5.46 must be used and conserved consistent with the provisions
920+26 under Section 5.46.
921+
922+
923+
924+
925+
926+ SB0724 Enrolled - 26 - LRB103 29722 SPS 56127 b
927+
928+
929+SB0724 Enrolled- 27 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 27 - LRB103 29722 SPS 56127 b
930+ SB0724 Enrolled - 27 - LRB103 29722 SPS 56127 b
931+1 The Department shall set up and administer no-cost,
932+2 interest-bearing accounts in appropriate financial
933+3 institutions for children for whom the Department is legally
934+4 responsible and who have been determined eligible for
935+5 Veterans' Benefits, Social Security benefits, assistance
936+6 allotments from the armed forces, court ordered payments,
937+7 parental voluntary payments, Supplemental Security Income,
938+8 Railroad Retirement payments, Black Lung benefits, or other
939+9 miscellaneous payments. Interest earned by each account shall
940+10 be credited to the account, unless disbursed in accordance
941+11 with this subsection.
942+12 In disbursing funds from children's accounts, the
943+13 Department shall:
944+14 (1) Establish standards in accordance with State and
945+15 federal laws for disbursing money from children's
946+16 accounts. In all circumstances, the Department's
947+17 "Guardianship Administrator" or his or her designee must
948+18 approve disbursements from children's accounts. The
949+19 Department shall be responsible for keeping complete
950+20 records of all disbursements for each account for any
951+21 purpose.
952+22 (2) Calculate on a monthly basis the amounts paid from
953+23 State funds for the child's board and care, medical care
954+24 not covered under Medicaid, and social services; and
955+25 utilize funds from the child's account, as covered by
956+26 regulation, to reimburse those costs. Monthly,
957+
958+
959+
960+
961+
962+ SB0724 Enrolled - 27 - LRB103 29722 SPS 56127 b
963+
964+
965+SB0724 Enrolled- 28 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 28 - LRB103 29722 SPS 56127 b
966+ SB0724 Enrolled - 28 - LRB103 29722 SPS 56127 b
967+1 disbursements from all children's accounts, up to 1/12 of
968+2 $13,000,000, shall be deposited by the Department into the
969+3 General Revenue Fund and the balance over 1/12 of
970+4 $13,000,000 into the DCFS Children's Services Fund.
971+5 (3) Maintain any balance remaining after reimbursing
972+6 for the child's costs of care, as specified in item (2).
973+7 The balance shall accumulate in accordance with relevant
974+8 State and federal laws and shall be disbursed to the child
975+9 or his or her guardian, or to the issuing agency.
976+10 (r) The Department shall promulgate regulations
977+11 encouraging all adoption agencies to voluntarily forward to
978+12 the Department or its agent names and addresses of all persons
979+13 who have applied for and have been approved for adoption of a
980+14 hard-to-place child or child with a disability and the names
981+15 of such children who have not been placed for adoption. A list
982+16 of such names and addresses shall be maintained by the
983+17 Department or its agent, and coded lists which maintain the
984+18 confidentiality of the person seeking to adopt the child and
985+19 of the child shall be made available, without charge, to every
986+20 adoption agency in the State to assist the agencies in placing
987+21 such children for adoption. The Department may delegate to an
988+22 agent its duty to maintain and make available such lists. The
989+23 Department shall ensure that such agent maintains the
990+24 confidentiality of the person seeking to adopt the child and
991+25 of the child.
992+26 (s) The Department of Children and Family Services may
993+
994+
995+
996+
997+
998+ SB0724 Enrolled - 28 - LRB103 29722 SPS 56127 b
999+
1000+
1001+SB0724 Enrolled- 29 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 29 - LRB103 29722 SPS 56127 b
1002+ SB0724 Enrolled - 29 - LRB103 29722 SPS 56127 b
1003+1 establish and implement a program to reimburse Department and
1004+2 private child welfare agency foster parents licensed by the
1005+3 Department of Children and Family Services for damages
1006+4 sustained by the foster parents as a result of the malicious or
1007+5 negligent acts of foster children, as well as providing third
1008+6 party coverage for such foster parents with regard to actions
1009+7 of foster children to other individuals. Such coverage will be
1010+8 secondary to the foster parent liability insurance policy, if
1011+9 applicable. The program shall be funded through appropriations
1012+10 from the General Revenue Fund, specifically designated for
1013+11 such purposes.
1014+12 (t) The Department shall perform home studies and
1015+13 investigations and shall exercise supervision over visitation
1016+14 as ordered by a court pursuant to the Illinois Marriage and
1017+15 Dissolution of Marriage Act or the Adoption Act only if:
1018+16 (1) an order entered by an Illinois court specifically
1019+17 directs the Department to perform such services; and
1020+18 (2) the court has ordered one or both of the parties to
1021+19 the proceeding to reimburse the Department for its
1022+20 reasonable costs for providing such services in accordance
1023+21 with Department rules, or has determined that neither
1024+22 party is financially able to pay.
1025+23 The Department shall provide written notification to the
1026+24 court of the specific arrangements for supervised visitation
1027+25 and projected monthly costs within 60 days of the court order.
1028+26 The Department shall send to the court information related to
1029+
1030+
1031+
1032+
1033+
1034+ SB0724 Enrolled - 29 - LRB103 29722 SPS 56127 b
1035+
1036+
1037+SB0724 Enrolled- 30 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 30 - LRB103 29722 SPS 56127 b
1038+ SB0724 Enrolled - 30 - LRB103 29722 SPS 56127 b
1039+1 the costs incurred except in cases where the court has
1040+2 determined the parties are financially unable to pay. The
1041+3 court may order additional periodic reports as appropriate.
1042+4 (u) In addition to other information that must be
1043+5 provided, whenever the Department places a child with a
1044+6 prospective adoptive parent or parents, in a licensed foster
1045+7 home, group home, or child care institution, or in a relative
1046+8 home, the Department shall provide to the prospective adoptive
1047+9 parent or parents or other caretaker:
1048+10 (1) available detailed information concerning the
1049+11 child's educational and health history, copies of
1050+12 immunization records (including insurance and medical card
1051+13 information), a history of the child's previous
1052+14 placements, if any, and reasons for placement changes
1053+15 excluding any information that identifies or reveals the
1054+16 location of any previous caretaker;
1055+17 (2) a copy of the child's portion of the client
1056+18 service plan, including any visitation arrangement, and
1057+19 all amendments or revisions to it as related to the child;
1058+20 and
1059+21 (3) information containing details of the child's
1060+22 individualized educational plan when the child is
1061+23 receiving special education services.
1062+24 The caretaker shall be informed of any known social or
1063+25 behavioral information (including, but not limited to,
1064+26 criminal background, fire setting, perpetuation of sexual
1065+
1066+
1067+
1068+
1069+
1070+ SB0724 Enrolled - 30 - LRB103 29722 SPS 56127 b
1071+
1072+
1073+SB0724 Enrolled- 31 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 31 - LRB103 29722 SPS 56127 b
1074+ SB0724 Enrolled - 31 - LRB103 29722 SPS 56127 b
1075+1 abuse, destructive behavior, and substance abuse) necessary to
1076+2 care for and safeguard the children to be placed or currently
1077+3 in the home. The Department may prepare a written summary of
1078+4 the information required by this paragraph, which may be
1079+5 provided to the foster or prospective adoptive parent in
1080+6 advance of a placement. The foster or prospective adoptive
1081+7 parent may review the supporting documents in the child's file
1082+8 in the presence of casework staff. In the case of an emergency
1083+9 placement, casework staff shall at least provide known
1084+10 information verbally, if necessary, and must subsequently
1085+11 provide the information in writing as required by this
1086+12 subsection.
1087+13 The information described in this subsection shall be
1088+14 provided in writing. In the case of emergency placements when
1089+15 time does not allow prior review, preparation, and collection
1090+16 of written information, the Department shall provide such
1091+17 information as it becomes available. Within 10 business days
1092+18 after placement, the Department shall obtain from the
1093+19 prospective adoptive parent or parents or other caretaker a
1094+20 signed verification of receipt of the information provided.
1095+21 Within 10 business days after placement, the Department shall
1096+22 provide to the child's guardian ad litem a copy of the
1097+23 information provided to the prospective adoptive parent or
1098+24 parents or other caretaker. The information provided to the
1099+25 prospective adoptive parent or parents or other caretaker
1100+26 shall be reviewed and approved regarding accuracy at the
1101+
1102+
1103+
1104+
1105+
1106+ SB0724 Enrolled - 31 - LRB103 29722 SPS 56127 b
1107+
1108+
1109+SB0724 Enrolled- 32 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 32 - LRB103 29722 SPS 56127 b
1110+ SB0724 Enrolled - 32 - LRB103 29722 SPS 56127 b
1111+1 supervisory level.
1112+2 (u-5) Effective July 1, 1995, only foster care placements
1113+3 licensed as foster family homes pursuant to the Child Care Act
1114+4 of 1969 shall be eligible to receive foster care payments from
1115+5 the Department. Relative caregivers who, as of July 1, 1995,
1116+6 were approved pursuant to approved relative placement rules
1117+7 previously promulgated by the Department at 89 Ill. Adm. Code
1118+8 335 and had submitted an application for licensure as a foster
1119+9 family home may continue to receive foster care payments only
1120+10 until the Department determines that they may be licensed as a
1121+11 foster family home or that their application for licensure is
1122+12 denied or until September 30, 1995, whichever occurs first.
1123+13 (v) The Department shall access criminal history record
1124+14 information as defined in the Illinois Uniform Conviction
1125+15 Information Act and information maintained in the adjudicatory
1126+16 and dispositional record system as defined in Section 2605-355
1127+17 of the Illinois State Police Law if the Department determines
1128+18 the information is necessary to perform its duties under the
1129+19 Abused and Neglected Child Reporting Act, the Child Care Act
1130+20 of 1969, and the Children and Family Services Act. The
1131+21 Department shall provide for interactive computerized
1132+22 communication and processing equipment that permits direct
1133+23 on-line communication with the Illinois State Police's central
1134+24 criminal history data repository. The Department shall comply
1135+25 with all certification requirements and provide certified
1136+26 operators who have been trained by personnel from the Illinois
1137+
1138+
1139+
1140+
1141+
1142+ SB0724 Enrolled - 32 - LRB103 29722 SPS 56127 b
1143+
1144+
1145+SB0724 Enrolled- 33 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 33 - LRB103 29722 SPS 56127 b
1146+ SB0724 Enrolled - 33 - LRB103 29722 SPS 56127 b
1147+1 State Police. In addition, one Office of the Inspector General
1148+2 investigator shall have training in the use of the criminal
1149+3 history information access system and have access to the
1150+4 terminal. The Department of Children and Family Services and
1151+5 its employees shall abide by rules and regulations established
1152+6 by the Illinois State Police relating to the access and
1153+7 dissemination of this information.
1154+8 (v-1) Prior to final approval for placement of a child,
1155+9 the Department shall conduct a criminal records background
1156+10 check of the prospective foster or adoptive parent, including
1157+11 fingerprint-based checks of national crime information
1158+12 databases. Final approval for placement shall not be granted
1159+13 if the record check reveals a felony conviction for child
1160+14 abuse or neglect, for spousal abuse, for a crime against
1161+15 children, or for a crime involving violence, including rape,
1162+16 sexual assault, or homicide, but not including other physical
1163+17 assault or battery, or if there is a felony conviction for
1164+18 physical assault, battery, or a drug-related offense committed
1165+19 within the past 5 years.
1166+20 (v-2) Prior to final approval for placement of a child,
1167+21 the Department shall check its child abuse and neglect
1168+22 registry for information concerning prospective foster and
1169+23 adoptive parents, and any adult living in the home. If any
1170+24 prospective foster or adoptive parent or other adult living in
1171+25 the home has resided in another state in the preceding 5 years,
1172+26 the Department shall request a check of that other state's
1173+
1174+
1175+
1176+
1177+
1178+ SB0724 Enrolled - 33 - LRB103 29722 SPS 56127 b
1179+
1180+
1181+SB0724 Enrolled- 34 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 34 - LRB103 29722 SPS 56127 b
1182+ SB0724 Enrolled - 34 - LRB103 29722 SPS 56127 b
1183+1 child abuse and neglect registry.
1184+2 (w) Within 120 days of August 20, 1995 (the effective date
1185+3 of Public Act 89-392), the Department shall prepare and submit
1186+4 to the Governor and the General Assembly, a written plan for
1187+5 the development of in-state licensed secure child care
1188+6 facilities that care for children who are in need of secure
1189+7 living arrangements for their health, safety, and well-being.
1190+8 For purposes of this subsection, secure care facility shall
1191+9 mean a facility that is designed and operated to ensure that
1192+10 all entrances and exits from the facility, a building or a
1193+11 distinct part of the building, are under the exclusive control
1194+12 of the staff of the facility, whether or not the child has the
1195+13 freedom of movement within the perimeter of the facility,
1196+14 building, or distinct part of the building. The plan shall
1197+15 include descriptions of the types of facilities that are
1198+16 needed in Illinois; the cost of developing these secure care
1199+17 facilities; the estimated number of placements; the potential
1200+18 cost savings resulting from the movement of children currently
1201+19 out-of-state who are projected to be returned to Illinois; the
1202+20 necessary geographic distribution of these facilities in
1203+21 Illinois; and a proposed timetable for development of such
1204+22 facilities.
1205+23 (x) The Department shall conduct annual credit history
1206+24 checks to determine the financial history of children placed
1207+25 under its guardianship pursuant to the Juvenile Court Act of
1208+26 1987. The Department shall conduct such credit checks starting
1209+
1210+
1211+
1212+
1213+
1214+ SB0724 Enrolled - 34 - LRB103 29722 SPS 56127 b
1215+
1216+
1217+SB0724 Enrolled- 35 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 35 - LRB103 29722 SPS 56127 b
1218+ SB0724 Enrolled - 35 - LRB103 29722 SPS 56127 b
1219+1 when a youth in care turns 12 years old and each year
1220+2 thereafter for the duration of the guardianship as terminated
1221+3 pursuant to the Juvenile Court Act of 1987. The Department
1222+4 shall determine if financial exploitation of the child's
1223+5 personal information has occurred. If financial exploitation
1224+6 appears to have taken place or is presently ongoing, the
1225+7 Department shall notify the proper law enforcement agency, the
1226+8 proper State's Attorney, or the Attorney General.
1227+9 (y) Beginning on July 22, 2010 (the effective date of
1228+10 Public Act 96-1189), a child with a disability who receives
1229+11 residential and educational services from the Department shall
1230+12 be eligible to receive transition services in accordance with
1231+13 Article 14 of the School Code from the age of 14.5 through age
1232+14 21, inclusive, notwithstanding the child's residential
1233+15 services arrangement. For purposes of this subsection, "child
1234+16 with a disability" means a child with a disability as defined
1235+17 by the federal Individuals with Disabilities Education
1236+18 Improvement Act of 2004.
1237+19 (z) The Department shall access criminal history record
1238+20 information as defined as "background information" in this
1239+21 subsection and criminal history record information as defined
1240+22 in the Illinois Uniform Conviction Information Act for each
1241+23 Department employee or Department applicant. Each Department
1242+24 employee or Department applicant shall submit his or her
1243+25 fingerprints to the Illinois State Police in the form and
1244+26 manner prescribed by the Illinois State Police. These
1245+
1246+
1247+
1248+
1249+
1250+ SB0724 Enrolled - 35 - LRB103 29722 SPS 56127 b
1251+
1252+
1253+SB0724 Enrolled- 36 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 36 - LRB103 29722 SPS 56127 b
1254+ SB0724 Enrolled - 36 - LRB103 29722 SPS 56127 b
1255+1 fingerprints shall be checked against the fingerprint records
1256+2 now and hereafter filed in the Illinois State Police and the
1257+3 Federal Bureau of Investigation criminal history records
1258+4 databases. The Illinois State Police shall charge a fee for
1259+5 conducting the criminal history record check, which shall be
1260+6 deposited into the State Police Services Fund and shall not
1261+7 exceed the actual cost of the record check. The Illinois State
1262+8 Police shall furnish, pursuant to positive identification, all
1263+9 Illinois conviction information to the Department of Children
1264+10 and Family Services.
1265+11 For purposes of this subsection:
1266+12 "Background information" means all of the following:
1267+13 (i) Upon the request of the Department of Children and
1268+14 Family Services, conviction information obtained from the
1269+15 Illinois State Police as a result of a fingerprint-based
1270+16 criminal history records check of the Illinois criminal
1271+17 history records database and the Federal Bureau of
1272+18 Investigation criminal history records database concerning
1273+19 a Department employee or Department applicant.
1274+20 (ii) Information obtained by the Department of
1275+21 Children and Family Services after performing a check of
1276+22 the Illinois State Police's Sex Offender Database, as
1277+23 authorized by Section 120 of the Sex Offender Community
1278+24 Notification Law, concerning a Department employee or
1279+25 Department applicant.
1280+26 (iii) Information obtained by the Department of
1281+
1282+
1283+
1284+
1285+
1286+ SB0724 Enrolled - 36 - LRB103 29722 SPS 56127 b
1287+
1288+
1289+SB0724 Enrolled- 37 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 37 - LRB103 29722 SPS 56127 b
1290+ SB0724 Enrolled - 37 - LRB103 29722 SPS 56127 b
1291+1 Children and Family Services after performing a check of
1292+2 the Child Abuse and Neglect Tracking System (CANTS)
1293+3 operated and maintained by the Department.
1294+4 "Department employee" means a full-time or temporary
1295+5 employee coded or certified within the State of Illinois
1296+6 Personnel System.
1297+7 "Department applicant" means an individual who has
1298+8 conditional Department full-time or part-time work, a
1299+9 contractor, an individual used to replace or supplement staff,
1300+10 an academic intern, a volunteer in Department offices or on
1301+11 Department contracts, a work-study student, an individual or
1302+12 entity licensed by the Department, or an unlicensed service
1303+13 provider who works as a condition of a contract or an agreement
1304+14 and whose work may bring the unlicensed service provider into
1305+15 contact with Department clients or client records.
1306+16 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
1307+17 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
1308+18 8-20-21; 102-1014, eff. 5-27-22.)
1309+19 (20 ILCS 505/17) (from Ch. 23, par. 5017)
1310+20 Sec. 17. Youth and Community Services Program. The
1311+21 Department of Human Services shall develop a State program for
1312+22 youth and community services which will assure that youth who
1313+23 come into contact or may come into contact with either the
1314+24 child welfare system or the juvenile the child welfare and the
1315+25 juvenile justice system systems will have access to needed
1316+
1317+
1318+
1319+
1320+
1321+ SB0724 Enrolled - 37 - LRB103 29722 SPS 56127 b
1322+
1323+
1324+SB0724 Enrolled- 38 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 38 - LRB103 29722 SPS 56127 b
1325+ SB0724 Enrolled - 38 - LRB103 29722 SPS 56127 b
1326+1 community, prevention, diversion, emergency and independent
1327+2 living services. The term "youth" means a person under the age
1328+3 of 19 years. The term "homeless youth" means a youth who cannot
1329+4 be reunited with his or her family and is not in a safe and
1330+5 stable living situation. This Section shall not be construed
1331+6 to require the Department of Human Services to provide
1332+7 services under this Section to any homeless youth who is at
1333+8 least 18 years of age but is younger than 19 years of age;
1334+9 however, the Department may, in its discretion, provide
1335+10 services under this Section to any such homeless youth.
1336+11 (a) The goals of the program shall be to:
1337+12 (1) maintain children and youths in their own
1338+13 community;
1339+14 (2) eliminate unnecessary categorical funding of
1340+15 programs by funding more comprehensive and integrated
1341+16 programs;
1342+17 (3) encourage local volunteers and voluntary
1343+18 associations in developing programs aimed at preventing
1344+19 and controlling juvenile delinquency;
1345+20 (4) address voids in services and close service gaps;
1346+21 (5) develop program models aimed at strengthening the
1347+22 relationships between youth and their families and aimed
1348+23 at developing healthy, independent lives for homeless
1349+24 youth;
1350+25 (6) contain costs by redirecting funding to more
1351+26 comprehensive and integrated community-based services; and
1352+
1353+
1354+
1355+
1356+
1357+ SB0724 Enrolled - 38 - LRB103 29722 SPS 56127 b
1358+
1359+
1360+SB0724 Enrolled- 39 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 39 - LRB103 29722 SPS 56127 b
1361+ SB0724 Enrolled - 39 - LRB103 29722 SPS 56127 b
1362+1 (7) coordinate education, employment, training and
1363+2 other programs for youths with other State agencies.
1364+3 (b) The duties of the Department under the program shall
1365+4 be to:
1366+5 (1) design models for service delivery by local
1367+6 communities;
1368+7 (2) test alternative systems for delivering youth
1369+8 services;
1370+9 (3) develop standards necessary to achieve and
1371+10 maintain, on a statewide basis, more comprehensive and
1372+11 integrated community-based youth services;
1373+12 (4) monitor and provide technical assistance to local
1374+13 boards and local service systems;
1375+14 (5) assist local organizations in developing programs
1376+15 which address the problems of youths and their families
1377+16 through direct services, advocacy with institutions, and
1378+17 improvement of local conditions; and
1379+18 (6) (blank); and develop a statewide adoption
1380+19 awareness campaign aimed at pregnant teenagers.
1381+20 (7) establish temporary emergency placements for youth
1382+21 in crisis as defined by the Children's Behavioral Health
1383+22 Transformation Team through comprehensive community-based
1384+23 youth services provider grants.
1385+24 (A) Temporary emergency placements:
1386+25 (i) must be licensed through the Department of
1387+26 Children and Family Services or, in the case of a
1388+
1389+
1390+
1391+
1392+
1393+ SB0724 Enrolled - 39 - LRB103 29722 SPS 56127 b
1394+
1395+
1396+SB0724 Enrolled- 40 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 40 - LRB103 29722 SPS 56127 b
1397+ SB0724 Enrolled - 40 - LRB103 29722 SPS 56127 b
1398+1 foster home or host home, by the supervising child
1399+2 welfare agency;
1400+3 (ii) must be strategically situated to meet
1401+4 regional need and minimize geographic disruption
1402+5 in consultation with the Children's Behavioral
1403+6 Health Transformation Officer and the Children's
1404+7 Behavioral Health Transformation Team; and
1405+8 (iii) shall include Comprehensive
1406+9 Community-Based Youth Services program host homes,
1407+10 foster homes, homeless youth shelters, Department
1408+11 of Children and Family Services youth shelters, or
1409+12 other licensed placements for minor youth
1410+13 compliant with the Child Care Act of 1969 provided
1411+14 under the Comprehensive Community-Based Youth
1412+15 Services program.
1413+16 (B) Beginning on the effective date of this
1414+17 amendatory Act of the 103rd General Assembly, once
1415+18 sufficient capacity has been developed, temporary
1416+19 emergency placements must also include temporary
1417+20 emergency placement shelters provided under the
1418+21 Comprehensive Community-Based Youth Services program.
1419+22 Temporary emergency placement shelters shall be
1420+23 managed by Comprehensive Community-Based Youth
1421+24 Services provider organizations and shall be available
1422+25 to house youth receiving interim 24/7 crisis
1423+26 intervention services as defined by the Juvenile Court
1424+
1425+
1426+
1427+
1428+
1429+ SB0724 Enrolled - 40 - LRB103 29722 SPS 56127 b
1430+
1431+
1432+SB0724 Enrolled- 41 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 41 - LRB103 29722 SPS 56127 b
1433+ SB0724 Enrolled - 41 - LRB103 29722 SPS 56127 b
1434+1 Act of 1987 and the Comprehensive Community-Based
1435+2 Youth Services program grant and the Department, and
1436+3 shall provide access to clinical supports for youth
1437+4 while staying at the shelter.
1438+5 (C) Comprehensive Community-Based Youth Services
1439+6 organizations shall retain the sole authority to place
1440+7 youth in host homes and temporary emergency placement
1441+8 shelters provided under the Comprehensive
1442+9 Community-Based Youth Services program.
1443+10 (D) Crisis youth, as defined by the Children's
1444+11 Behavioral Health Transformation Team, shall be
1445+12 prioritized in temporary emergency placements.
1446+13 (E) Additional placement options may be authorized
1447+14 for crisis and non-crisis program youth with the
1448+15 permission of the youth's parent or legal guardian.
1449+16 (F) While in a temporary emergency placement, the
1450+17 organization shall work with the parent, guardian, or
1451+18 custodian to effectuate the youth's return home or to
1452+19 an alternative long-term living arrangement. As
1453+20 necessary, the agency or association shall also work
1454+21 with the youth's local school district, the
1455+22 Department, the Department of Human Services, the
1456+23 Department of Healthcare and Family Services, and the
1457+24 Department of Juvenile Justice to identify immediate
1458+25 and long-term services, treatment, or placement.
1459+26 Nothing in this Section shall be construed or applied in a
1460+
1461+
1462+
1463+
1464+
1465+ SB0724 Enrolled - 41 - LRB103 29722 SPS 56127 b
1466+
1467+
1468+SB0724 Enrolled- 42 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 42 - LRB103 29722 SPS 56127 b
1469+ SB0724 Enrolled - 42 - LRB103 29722 SPS 56127 b
1470+1 manner that would conflict with, diminish, or infringe upon,
1471+2 any State agency's obligation to comply fully with
1472+3 requirements imposed under a court order or State or federal
1473+4 consent decree applicable to that agency.
1474+5 (Source: P.A. 89-507, eff. 7-1-97.)
1475+6 Section 17. The Mental Health and Developmental
1476+7 Disabilities Administrative Act is amended by adding Section
1477+8 11.4 as follows:
1478+9 (20 ILCS 1705/11.4 new)
1479+10 Sec. 11.4. Care portal for families with children who have
1480+11 complex behavioral health needs. The Department shall
1481+12 establish and maintain a public-facing Care Portal to serve as
1482+13 a centralized resource for families with children who have
1483+14 significant and complex behavioral health needs. The Care
1484+15 Portal shall streamline the process of directing families and
1485+16 guardians to the appropriate level and type of care for their
1486+17 children. In consultation with the Children's Behavioral
1487+18 Health Transformation Officer, the Department shall develop
1488+19 specifications for the Care Portal that ensure automatic
1489+20 service eligibility matching, transparent data sharing,
1490+21 regular reporting, and appropriate staffing, among other
1491+22 items. The Department shall, in coordination with the
1492+23 Departments of Children and Family Services, Healthcare and
1493+24 Family Services, Juvenile Justice, and Public Health as well
1494+
1495+
1496+
1497+
1498+
1499+ SB0724 Enrolled - 42 - LRB103 29722 SPS 56127 b
1500+
1501+
1502+SB0724 Enrolled- 43 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 43 - LRB103 29722 SPS 56127 b
1503+ SB0724 Enrolled - 43 - LRB103 29722 SPS 56127 b
1504+1 as the State Board of Education, develop training and
1505+2 communication for school districts, hospital social workers,
1506+3 and system partners to demonstrate how individuals can assist
1507+4 a family seeking youth behavioral health services and how to
1508+5 access the Care Portal. Such training must include information
1509+6 on the applicable federal and State law for the determination
1510+7 of the need for residential placements for educational
1511+8 purposes by individualized education program (IEP) teams.
1512+9 Procedures for use of the Care Portal must not prohibit or
1513+10 limit residential facilities from accepting students placed by
1514+11 school districts for educational purposes as determined by the
1515+12 IEP team.
1516+13 Section 20. The School Code is amended by changing
1517+14 Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
1518+15 2-3.196 as follows:
1519+16 (105 ILCS 5/2-3.163)
1520+17 Sec. 2-3.163. Prioritization of Urgency of Need for
1521+18 Services database.
1522+19 (a) The General Assembly makes all of the following
1523+20 findings:
1524+21 (1) The Department of Human Services maintains a
1525+22 statewide database known as the Prioritization of Urgency
1526+23 of Need for Services that records information about
1527+24 individuals with developmental disabilities who are
1528+
1529+
1530+
1531+
1532+
1533+ SB0724 Enrolled - 43 - LRB103 29722 SPS 56127 b
1534+
1535+
1536+SB0724 Enrolled- 44 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 44 - LRB103 29722 SPS 56127 b
1537+ SB0724 Enrolled - 44 - LRB103 29722 SPS 56127 b
1538+1 potentially in need of services.
1539+2 (2) The Department of Human Services uses the data on
1540+3 Prioritization of Urgency of Need for Services to select
1541+4 individuals for services as funding becomes available, to
1542+5 develop proposals and materials for budgeting, and to plan
1543+6 for future needs.
1544+7 (3) Prioritization of Urgency of Need for Services is
1545+8 available for children and adults with a developmental
1546+9 disability who have an unmet service need anticipated in
1547+10 the next 5 years.
1548+11 (4) Prioritization of Urgency of Need for Services is
1549+12 the first step toward getting developmental disabilities
1550+13 services in this State. If individuals are not on the
1551+14 Prioritization of Urgency of Need for Services waiting
1552+15 list, they are not in queue for State developmental
1553+16 disabilities services.
1554+17 (5) Prioritization of Urgency of Need for Services may
1555+18 be underutilized by children and their parents or
1556+19 guardians due to lack of awareness or lack of information.
1557+20 (b) The State Board of Education may work with school
1558+21 districts to inform all students with developmental
1559+22 disabilities and their parents or guardians about the
1560+23 Prioritization of Urgency of Need for Services database.
1561+24 (c) Subject to appropriation, the Department of Human
1562+25 Services and State Board of Education shall develop and
1563+26 implement an online, computer-based training program for at
1564+
1565+
1566+
1567+
1568+
1569+ SB0724 Enrolled - 44 - LRB103 29722 SPS 56127 b
1570+
1571+
1572+SB0724 Enrolled- 45 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 45 - LRB103 29722 SPS 56127 b
1573+ SB0724 Enrolled - 45 - LRB103 29722 SPS 56127 b
1574+1 least one designated employee in every public school in this
1575+2 State to educate him or her about the Prioritization of
1576+3 Urgency of Need for Services database and steps to be taken to
1577+4 ensure children and adolescents are enrolled. The training
1578+5 shall include instruction for at least one designated employee
1579+6 in every public school in contacting the appropriate
1580+7 developmental disabilities Independent Service Coordination
1581+8 agency to enroll children and adolescents in the database. At
1582+9 least one designated employee in every public school shall
1583+10 ensure the opportunity to enroll in the Prioritization of
1584+11 Urgency of Need for Services database is discussed during
1585+12 annual individualized education program (IEP) meetings for all
1586+13 children and adolescents believed to have a developmental
1587+14 disability.
1588+15 (d) The State Board of Education, in consultation with the
1589+16 Department of Human Services, through school districts, shall
1590+17 provide to parents and guardians of students a copy of the
1591+18 Department of Human Services's guide titled "Understanding
1592+19 PUNS: A Guide to Prioritization for Urgency of Need for
1593+20 Services" each year at the annual review meeting for the
1594+21 student's individualized education program, including the
1595+22 consideration required in subsection (e) of this Section.
1596+23 (e) The Department of Human Services shall consider the
1597+24 length of time spent on the Prioritization of Urgency of Need
1598+25 for Services waiting list, in addition to other factors
1599+26 considered, when selecting individuals on the list for
1600+
1601+
1602+
1603+
1604+
1605+ SB0724 Enrolled - 45 - LRB103 29722 SPS 56127 b
1606+
1607+
1608+SB0724 Enrolled- 46 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 46 - LRB103 29722 SPS 56127 b
1609+ SB0724 Enrolled - 46 - LRB103 29722 SPS 56127 b
1610+1 services.
1611+2 (f) Subject to appropriation, the Department of Human
1612+3 Services shall expand its selection of individuals from the
1613+4 Prioritization of Urgency of Need for Services database to
1614+5 include individuals who receive services through the Children
1615+6 and Young Adults with Developmental Disabilities - Support
1616+7 Waiver.
1617+8 (Source: P.A. 102-57, eff. 7-9-21.)
1618+9 (105 ILCS 5/2-3.196 new)
1619+10 Sec. 2-3.196. Mental health screenings. On or before
1620+11 December 15, 2023, the State Board of Education, in
1621+12 consultation with the Children's Behavioral Health
1622+13 Transformation Officer, Children's Behavioral Health
1623+14 Transformation Team, and the Office of the Governor, shall
1624+15 file a report with the Governor and the General Assembly that
1625+16 includes recommendations for implementation of mental health
1626+17 screenings in schools for students enrolled in kindergarten
1627+18 through grade 12. This report must include a landscape scan of
1628+19 current district-wide screenings, recommendations for
1629+20 screening tools, training for staff, and linkage and referral
1630+21 for identified students.
1631+22 (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
1632+23 Sec. 14-7.02. Children attending private schools, public
1633+24 out-of-state schools, public school residential facilities or
1634+
1635+
1636+
1637+
1638+
1639+ SB0724 Enrolled - 46 - LRB103 29722 SPS 56127 b
1640+
1641+
1642+SB0724 Enrolled- 47 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 47 - LRB103 29722 SPS 56127 b
1643+ SB0724 Enrolled - 47 - LRB103 29722 SPS 56127 b
1644+1 private special education facilities.
1645+2 (a) The General Assembly recognizes that non-public
1646+3 schools or special education facilities provide an important
1647+4 service in the educational system in Illinois.
1648+5 (b) If a student's individualized education program (IEP)
1649+6 team determines that because of his or her disability the
1650+7 special education program of a district is unable to meet the
1651+8 needs of the child and the child attends a non-public school or
1652+9 special education facility, a public out-of-state school or a
1653+10 special education facility owned and operated by a county
1654+11 government unit that provides special educational services
1655+12 required by the child and is in compliance with the
1656+13 appropriate rules and regulations of the State Superintendent
1657+14 of Education, the school district in which the child is a
1658+15 resident shall pay the actual cost of tuition for special
1659+16 education and related services provided during the regular
1660+17 school term and during the summer school term if the child's
1661+18 educational needs so require, excluding room, board and
1662+19 transportation costs charged the child by that non-public
1663+20 school or special education facility, public out-of-state
1664+21 school or county special education facility, or $4,500 per
1665+22 year, whichever is less, and shall provide him any necessary
1666+23 transportation. "Nonpublic special education facility" shall
1667+24 include a residential facility, within or without the State of
1668+25 Illinois, which provides special education and related
1669+26 services to meet the needs of the child by utilizing private
1670+
1671+
1672+
1673+
1674+
1675+ SB0724 Enrolled - 47 - LRB103 29722 SPS 56127 b
1676+
1677+
1678+SB0724 Enrolled- 48 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 48 - LRB103 29722 SPS 56127 b
1679+ SB0724 Enrolled - 48 - LRB103 29722 SPS 56127 b
1680+1 schools or public schools, whether located on the site or off
1681+2 the site of the residential facility. Resident district
1682+3 financial responsibility and reimbursement applies for both
1683+4 nonpublic special education facilities that are approved by
1684+5 the State Board of Education pursuant to 23 Ill. Adm. Code 401
1685+6 or other applicable laws or rules and for emergency placements
1686+7 in nonpublic special education facilities that are not
1687+8 approved by the State Board of Education pursuant to 23 Ill.
1688+9 Adm. Code 401 or other applicable laws or rules, subject to the
1689+10 requirements of this Section.
1690+11 (c) Prior to the placement of a child in an out-of-state
1691+12 special education residential facility, the school district
1692+13 must refer to the child or the child's parent or guardian the
1693+14 option to place the child in a special education residential
1694+15 facility located within this State, if any, that provides
1695+16 treatment and services comparable to those provided by the
1696+17 out-of-state special education residential facility. The
1697+18 school district must review annually the placement of a child
1698+19 in an out-of-state special education residential facility. As
1699+20 a part of the review, the school district must refer to the
1700+21 child or the child's parent or guardian the option to place the
1701+22 child in a comparable special education residential facility
1702+23 located within this State, if any.
1703+24 (c-5) Before a provider that operates a nonpublic special
1704+25 education facility terminates a student's placement in that
1705+26 facility, the provider must request an IEP meeting from the
1706+
1707+
1708+
1709+
1710+
1711+ SB0724 Enrolled - 48 - LRB103 29722 SPS 56127 b
1712+
1713+
1714+SB0724 Enrolled- 49 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 49 - LRB103 29722 SPS 56127 b
1715+ SB0724 Enrolled - 49 - LRB103 29722 SPS 56127 b
1716+1 contracting school district. If the provider elects to
1717+2 terminate the student's placement following the IEP meeting,
1718+3 the provider must give written notice to this effect to the
1719+4 parent or guardian, the contracting public school district,
1720+5 and the State Board of Education no later than 20 business days
1721+6 before the date of termination, unless the health and safety
1722+7 of any student are endangered. The notice must include the
1723+8 detailed reasons for the termination and any actions taken to
1724+9 address the reason for the termination.
1725+10 (d) Payments shall be made by the resident school district
1726+11 to the entity providing the educational services, whether the
1727+12 entity is the nonpublic special education facility or the
1728+13 school district wherein the facility is located, no less than
1729+14 once per quarter, unless otherwise agreed to in writing by the
1730+15 parties.
1731+16 (e) A school district may place a student in a nonpublic
1732+17 special education facility providing educational services, but
1733+18 not approved by the State Board of Education pursuant to 23
1734+19 Ill. Adm. Code 401 or other applicable laws or rules, provided
1735+20 that the State Board of Education provides an emergency and
1736+21 student-specific approval for placement. The State Board of
1737+22 Education shall promptly, within 10 days after the request,
1738+23 approve a request for emergency and student-specific approval
1739+24 for placement if the following have been demonstrated to the
1740+25 State Board of Education:
1741+26 (1) the facility demonstrates appropriate licensure of
1742+
1743+
1744+
1745+
1746+
1747+ SB0724 Enrolled - 49 - LRB103 29722 SPS 56127 b
1748+
1749+
1750+SB0724 Enrolled- 50 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 50 - LRB103 29722 SPS 56127 b
1751+ SB0724 Enrolled - 50 - LRB103 29722 SPS 56127 b
1752+1 teachers for the student population;
1753+2 (2) the facility demonstrates age-appropriate
1754+3 curriculum;
1755+4 (3) the facility provides enrollment and attendance
1756+5 data;
1757+6 (4) the facility demonstrates the ability to implement
1758+7 the child's IEP; and
1759+8 (5) the school district demonstrates that it made good
1760+9 faith efforts to place the student in an approved
1761+10 facility, but no approved facility has accepted the
1762+11 student or has availability for immediate placement of the
1763+12 student.
1764+13 A resident school district may also submit such proof to the
1765+14 State Board of Education as may be required for its student.
1766+15 The State Board of Education may not unreasonably withhold
1767+16 approval once satisfactory proof is provided to the State
1768+17 Board.
1769+18 (f) If an impartial due process hearing officer who is
1770+19 contracted by the State Board of Education pursuant to this
1771+20 Article orders placement of a student with a disability in a
1772+21 residential facility that is not approved by the State Board
1773+22 of Education, then, for purposes of this Section, the facility
1774+23 shall be deemed approved for placement and school district
1775+24 payments and State reimbursements shall be made accordingly.
1776+25 (g) Emergency placement in a facility approved pursuant to
1777+26 subsection (e) or (f) may continue to be utilized so long as
1778+
1779+
1780+
1781+
1782+
1783+ SB0724 Enrolled - 50 - LRB103 29722 SPS 56127 b
1784+
1785+
1786+SB0724 Enrolled- 51 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 51 - LRB103 29722 SPS 56127 b
1787+ SB0724 Enrolled - 51 - LRB103 29722 SPS 56127 b
1788+1 (i) the student's IEP team determines annually that such
1789+2 placement continues to be appropriate to meet the student's
1790+3 needs and (ii) at least every 3 years following the student's
1791+4 placement, the IEP team reviews appropriate placements
1792+5 approved by the State Board of Education pursuant to 23 Ill.
1793+6 Adm. Code 401 or other applicable laws or rules to determine
1794+7 whether there are any approved placements that can meet the
1795+8 student's needs, have accepted the student, and have
1796+9 availability for placement of the student.
1797+10 (h) The State Board of Education shall promulgate rules
1798+11 and regulations for determining when placement in a private
1799+12 special education facility is appropriate. Such rules and
1800+13 regulations shall take into account the various types of
1801+14 services needed by a child and the availability of such
1802+15 services to the particular child in the public school. In
1803+16 developing these rules and regulations the State Board of
1804+17 Education shall consult with the Advisory Council on Education
1805+18 of Children with Disabilities and hold public hearings to
1806+19 secure recommendations from parents, school personnel, and
1807+20 others concerned about this matter.
1808+21 The State Board of Education shall also promulgate rules
1809+22 and regulations for transportation to and from a residential
1810+23 school. Transportation to and from home to a residential
1811+24 school more than once each school term shall be subject to
1812+25 prior approval by the State Superintendent in accordance with
1813+26 the rules and regulations of the State Board.
1814+
1815+
1816+
1817+
1818+
1819+ SB0724 Enrolled - 51 - LRB103 29722 SPS 56127 b
1820+
1821+
1822+SB0724 Enrolled- 52 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 52 - LRB103 29722 SPS 56127 b
1823+ SB0724 Enrolled - 52 - LRB103 29722 SPS 56127 b
1824+1 (i) A school district making tuition payments pursuant to
1825+2 this Section is eligible for reimbursement from the State for
1826+3 the amount of such payments actually made in excess of the
1827+4 district per capita tuition charge for students not receiving
1828+5 special education services. Such reimbursement shall be
1829+6 approved in accordance with Section 14-12.01 and each district
1830+7 shall file its claims, computed in accordance with rules
1831+8 prescribed by the State Board of Education, on forms
1832+9 prescribed by the State Superintendent of Education. Data used
1833+10 as a basis of reimbursement claims shall be for the preceding
1834+11 regular school term and summer school term. Each school
1835+12 district shall transmit its claims to the State Board of
1836+13 Education on or before August 15. The State Board of
1837+14 Education, before approving any such claims, shall determine
1838+15 their accuracy and whether they are based upon services and
1839+16 facilities provided under approved programs. Upon approval the
1840+17 State Board shall cause vouchers to be prepared showing the
1841+18 amount due for payment of reimbursement claims to school
1842+19 districts, for transmittal to the State Comptroller on the
1843+20 30th day of September, December, and March, respectively, and
1844+21 the final voucher, no later than June 20. If the money
1845+22 appropriated by the General Assembly for such purpose for any
1846+23 year is insufficient, it shall be apportioned on the basis of
1847+24 the claims approved.
1848+25 (j) No child shall be placed in a special education
1849+26 program pursuant to this Section if the tuition cost for
1850+
1851+
1852+
1853+
1854+
1855+ SB0724 Enrolled - 52 - LRB103 29722 SPS 56127 b
1856+
1857+
1858+SB0724 Enrolled- 53 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 53 - LRB103 29722 SPS 56127 b
1859+ SB0724 Enrolled - 53 - LRB103 29722 SPS 56127 b
1860+1 special education and related services increases more than 10
1861+2 percent over the tuition cost for the previous school year or
1862+3 exceeds $4,500 per year unless such costs have been approved
1863+4 by the Illinois Purchased Care Review Board. The Illinois
1864+5 Purchased Care Review Board shall consist of the following
1865+6 persons, or their designees: the Directors of Children and
1866+7 Family Services, Public Health, Public Aid, and the Governor's
1867+8 Office of Management and Budget; the Secretary of Human
1868+9 Services; the State Superintendent of Education; and such
1869+10 other persons as the Governor may designate. The Review Board
1870+11 shall also consist of one non-voting member who is an
1871+12 administrator of a private, nonpublic, special education
1872+13 school. The Review Board shall establish rules and regulations
1873+14 for its determination of allowable costs and payments made by
1874+15 local school districts for special education, room and board,
1875+16 and other related services provided by non-public schools or
1876+17 special education facilities and shall establish uniform
1877+18 standards and criteria which it shall follow. The Review Board
1878+19 shall approve the usual and customary rate or rates of a
1879+20 special education program that (i) is offered by an
1880+21 out-of-state, non-public provider of integrated autism
1881+22 specific educational and autism specific residential services,
1882+23 (ii) offers 2 or more levels of residential care, including at
1883+24 least one locked facility, and (iii) serves 12 or fewer
1884+25 Illinois students.
1885+26 (k) In determining rates based on allowable costs, the
1886+
1887+
1888+
1889+
1890+
1891+ SB0724 Enrolled - 53 - LRB103 29722 SPS 56127 b
1892+
1893+
1894+SB0724 Enrolled- 54 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 54 - LRB103 29722 SPS 56127 b
1895+ SB0724 Enrolled - 54 - LRB103 29722 SPS 56127 b
1896+1 Review Board shall consider any wage increases awarded by the
1897+2 General Assembly to front line personnel defined as direct
1898+3 support persons, aides, front-line supervisors, qualified
1899+4 intellectual disabilities professionals, nurses, and
1900+5 non-administrative support staff working in service settings
1901+6 in community-based settings within the State and adjust
1902+7 customary rates or rates of a special education program to be
1903+8 equitable to the wage increase awarded to similar staff
1904+9 positions in a community residential setting. Any wage
1905+10 increase awarded by the General Assembly to front line
1906+11 personnel defined as direct support persons, aides, front-line
1907+12 supervisors, qualified intellectual disabilities
1908+13 professionals, nurses, and non-administrative support staff
1909+14 working in community-based settings within the State,
1910+15 including the $0.75 per hour increase contained in Public Act
1911+16 100-23 and the $0.50 per hour increase included in Public Act
1912+17 100-23, shall also be a basis for any facility covered by this
1913+18 Section to appeal its rate before the Review Board under the
1914+19 process defined in Title 89, Part 900, Section 340 of the
1915+20 Illinois Administrative Code. Illinois Administrative Code
1916+21 Title 89, Part 900, Section 342 shall be updated to recognize
1917+22 wage increases awarded to community-based settings to be a
1918+23 basis for appeal. However, any wage increase that is captured
1919+24 upon appeal from a previous year shall not be counted by the
1920+25 Review Board as revenue for the purpose of calculating a
1921+26 facility's future rate.
1922+
1923+
1924+
1925+
1926+
1927+ SB0724 Enrolled - 54 - LRB103 29722 SPS 56127 b
1928+
1929+
1930+SB0724 Enrolled- 55 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 55 - LRB103 29722 SPS 56127 b
1931+ SB0724 Enrolled - 55 - LRB103 29722 SPS 56127 b
1932+1 (l) Any definition used by the Review Board in
1933+2 administrative rule or policy to define "related
1934+3 organizations" shall include any and all exceptions contained
1935+4 in federal law or regulation as it pertains to the federal
1936+5 definition of "related organizations".
1937+6 (m) The Review Board shall establish uniform definitions
1938+7 and criteria for accounting separately by special education,
1939+8 room and board and other related services costs. The Board
1940+9 shall also establish guidelines for the coordination of
1941+10 services and financial assistance provided by all State
1942+11 agencies to assure that no otherwise qualified child with a
1943+12 disability receiving services under Article 14 shall be
1944+13 excluded from participation in, be denied the benefits of or
1945+14 be subjected to discrimination under any program or activity
1946+15 provided by any State agency.
1947+16 (n) The Review Board shall review the costs for special
1948+17 education and related services provided by non-public schools
1949+18 or special education facilities and shall approve or
1950+19 disapprove such facilities in accordance with the rules and
1951+20 regulations established by it with respect to allowable costs.
1952+21 (o) The State Board of Education shall provide
1953+22 administrative and staff support for the Review Board as
1954+23 deemed reasonable by the State Superintendent of Education.
1955+24 This support shall not include travel expenses or other
1956+25 compensation for any Review Board member other than the State
1957+26 Superintendent of Education.
1958+
1959+
1960+
1961+
1962+
1963+ SB0724 Enrolled - 55 - LRB103 29722 SPS 56127 b
1964+
1965+
1966+SB0724 Enrolled- 56 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 56 - LRB103 29722 SPS 56127 b
1967+ SB0724 Enrolled - 56 - LRB103 29722 SPS 56127 b
1968+1 (p) The Review Board shall seek the advice of the Advisory
1969+2 Council on Education of Children with Disabilities on the
1970+3 rules and regulations to be promulgated by it relative to
1971+4 providing special education services.
1972+5 (q) If a child has been placed in a program in which the
1973+6 actual per pupil costs of tuition for special education and
1974+7 related services based on program enrollment, excluding room,
1975+8 board and transportation costs, exceed $4,500 and such costs
1976+9 have been approved by the Review Board, the district shall pay
1977+10 such total costs which exceed $4,500. A district making such
1978+11 tuition payments in excess of $4,500 pursuant to this Section
1979+12 shall be responsible for an amount in excess of $4,500 equal to
1980+13 the district per capita tuition charge and shall be eligible
1981+14 for reimbursement from the State for the amount of such
1982+15 payments actually made in excess of the districts per capita
1983+16 tuition charge for students not receiving special education
1984+17 services.
1985+18 (r) If a child has been placed in an approved individual
1986+19 program and the tuition costs including room and board costs
1987+20 have been approved by the Review Board, then such room and
1988+21 board costs shall be paid by the appropriate State agency
1989+22 subject to the provisions of Section 14-8.01 of this Act. Room
1990+23 and board costs not provided by a State agency other than the
1991+24 State Board of Education shall be provided by the State Board
1992+25 of Education on a current basis. In no event, however, shall
1993+26 the State's liability for funding of these tuition costs begin
1994+
1995+
1996+
1997+
1998+
1999+ SB0724 Enrolled - 56 - LRB103 29722 SPS 56127 b
2000+
2001+
2002+SB0724 Enrolled- 57 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 57 - LRB103 29722 SPS 56127 b
2003+ SB0724 Enrolled - 57 - LRB103 29722 SPS 56127 b
2004+1 until after the legal obligations of third party payors have
2005+2 been subtracted from such costs. If the money appropriated by
2006+3 the General Assembly for such purpose for any year is
2007+4 insufficient, it shall be apportioned on the basis of the
2008+5 claims approved. Each district shall submit estimated claims
2009+6 to the State Superintendent of Education. Upon approval of
2010+7 such claims, the State Superintendent of Education shall
2011+8 direct the State Comptroller to make payments on a monthly
2012+9 basis. The frequency for submitting estimated claims and the
2013+10 method of determining payment shall be prescribed in rules and
2014+11 regulations adopted by the State Board of Education. Such
2015+12 current state reimbursement shall be reduced by an amount
2016+13 equal to the proceeds which the child or child's parents are
2017+14 eligible to receive under any public or private insurance or
2018+15 assistance program. Nothing in this Section shall be construed
2019+16 as relieving an insurer or similar third party from an
2020+17 otherwise valid obligation to provide or to pay for services
2021+18 provided to a child with a disability.
2022+19 (s) If it otherwise qualifies, a school district is
2023+20 eligible for the transportation reimbursement under Section
2024+21 14-13.01 and for the reimbursement of tuition payments under
2025+22 this Section whether the non-public school or special
2026+23 education facility, public out-of-state school or county
2027+24 special education facility, attended by a child who resides in
2028+25 that district and requires special educational services, is
2029+26 within or outside of the State of Illinois. However, a
2030+
2031+
2032+
2033+
2034+
2035+ SB0724 Enrolled - 57 - LRB103 29722 SPS 56127 b
2036+
2037+
2038+SB0724 Enrolled- 58 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 58 - LRB103 29722 SPS 56127 b
2039+ SB0724 Enrolled - 58 - LRB103 29722 SPS 56127 b
2040+1 district is not eligible to claim transportation reimbursement
2041+2 under this Section unless the district certifies to the State
2042+3 Superintendent of Education that the district is unable to
2043+4 provide special educational services required by the child for
2044+5 the current school year.
2045+6 (t) Nothing in this Section authorizes the reimbursement
2046+7 of a school district for the amount paid for tuition of a child
2047+8 attending a non-public school or special education facility,
2048+9 public out-of-state school or county special education
2049+10 facility unless the school district certifies to the State
2050+11 Superintendent of Education that the special education program
2051+12 of that district is unable to meet the needs of that child
2052+13 because of his disability and the State Superintendent of
2053+14 Education finds that the school district is in substantial
2054+15 compliance with Section 14-4.01. However, if a child is
2055+16 unilaterally placed by a State agency or any court in a
2056+17 non-public school or special education facility, public
2057+18 out-of-state school, or county special education facility, a
2058+19 school district shall not be required to certify to the State
2059+20 Superintendent of Education, for the purpose of tuition
2060+21 reimbursement, that the special education program of that
2061+22 district is unable to meet the needs of a child because of his
2062+23 or her disability.
2063+24 (u) Any educational or related services provided, pursuant
2064+25 to this Section in a non-public school or special education
2065+26 facility or a special education facility owned and operated by
2066+
2067+
2068+
2069+
2070+
2071+ SB0724 Enrolled - 58 - LRB103 29722 SPS 56127 b
2072+
2073+
2074+SB0724 Enrolled- 59 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 59 - LRB103 29722 SPS 56127 b
2075+ SB0724 Enrolled - 59 - LRB103 29722 SPS 56127 b
2076+1 a county government unit shall be at no cost to the parent or
2077+2 guardian of the child. However, current law and practices
2078+3 relative to contributions by parents or guardians for costs
2079+4 other than educational or related services are not affected by
2080+5 this amendatory Act of 1978.
2081+6 (v) Reimbursement for children attending public school
2082+7 residential facilities shall be made in accordance with the
2083+8 provisions of this Section.
2084+9 (w) Notwithstanding any other provision of law, any school
2085+10 district receiving a payment under this Section or under
2086+11 Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
2087+12 all or a portion of the funds that it receives in a particular
2088+13 fiscal year or from general State aid pursuant to Section
2089+14 18-8.05 of this Code as funds received in connection with any
2090+15 funding program for which it is entitled to receive funds from
2091+16 the State in that fiscal year (including, without limitation,
2092+17 any funding program referenced in this Section), regardless of
2093+18 the source or timing of the receipt. The district may not
2094+19 classify more funds as funds received in connection with the
2095+20 funding program than the district is entitled to receive in
2096+21 that fiscal year for that program. Any classification by a
2097+22 district must be made by a resolution of its board of
2098+23 education. The resolution must identify the amount of any
2099+24 payments or general State aid to be classified under this
2100+25 paragraph and must specify the funding program to which the
2101+26 funds are to be treated as received in connection therewith.
2102+
2103+
2104+
2105+
2106+
2107+ SB0724 Enrolled - 59 - LRB103 29722 SPS 56127 b
2108+
2109+
2110+SB0724 Enrolled- 60 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 60 - LRB103 29722 SPS 56127 b
2111+ SB0724 Enrolled - 60 - LRB103 29722 SPS 56127 b
2112+1 This resolution is controlling as to the classification of
2113+2 funds referenced therein. A certified copy of the resolution
2114+3 must be sent to the State Superintendent of Education. The
2115+4 resolution shall still take effect even though a copy of the
2116+5 resolution has not been sent to the State Superintendent of
2117+6 Education in a timely manner. No classification under this
2118+7 paragraph by a district shall affect the total amount or
2119+8 timing of money the district is entitled to receive under this
2120+9 Code. No classification under this paragraph by a district
2121+10 shall in any way relieve the district from or affect any
2122+11 requirements that otherwise would apply with respect to that
2123+12 funding program, including any accounting of funds by source,
2124+13 reporting expenditures by original source and purpose,
2125+14 reporting requirements, or requirements of providing services.
2126+15 (Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
2127+16 102-703, eff. 4-22-22.)
2128+17 (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
2129+18 Sec. 14-15.01. Community and Residential Services
2130+19 Authority.
2131+20 (a) (1) The Community and Residential Services Authority
2132+21 is hereby created and shall consist of the following members:
2133+22 A representative of the State Board of Education;
2134+23 Four representatives of the Department of Human Services
2135+24 appointed by the Secretary of Human Services, with one member
2136+25 from the Division of Community Health and Prevention, one
2137+
2138+
2139+
2140+
2141+
2142+ SB0724 Enrolled - 60 - LRB103 29722 SPS 56127 b
2143+
2144+
2145+SB0724 Enrolled- 61 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 61 - LRB103 29722 SPS 56127 b
2146+ SB0724 Enrolled - 61 - LRB103 29722 SPS 56127 b
2147+1 member from the Division of Developmental Disabilities, one
2148+2 member from the Division of Mental Health, and one member from
2149+3 the Division of Rehabilitation Services;
2150+4 A representative of the Department of Children and Family
2151+5 Services;
2152+6 A representative of the Department of Juvenile Justice;
2153+7 A representative of the Department of Healthcare and
2154+8 Family Services;
2155+9 A representative of the Attorney General's Disability
2156+10 Rights Advocacy Division;
2157+11 The Chairperson and Minority Spokesperson of the House and
2158+12 Senate Committees on Elementary and Secondary Education or
2159+13 their designees; and
2160+14 Six persons appointed by the Governor. Five of such
2161+15 appointees shall be experienced or knowledgeable relative to
2162+16 provision of services for individuals with a behavior disorder
2163+17 or a severe emotional disturbance and shall include
2164+18 representatives of both the private and public sectors, except
2165+19 that no more than 2 of those 5 appointees may be from the
2166+20 public sector and at least 2 must be or have been directly
2167+21 involved in provision of services to such individuals. The
2168+22 remaining member appointed by the Governor shall be or shall
2169+23 have been a parent of an individual with a behavior disorder or
2170+24 a severe emotional disturbance, and that appointee may be from
2171+25 either the private or the public sector.
2172+26 (2) Members appointed by the Governor shall be appointed
2173+
2174+
2175+
2176+
2177+
2178+ SB0724 Enrolled - 61 - LRB103 29722 SPS 56127 b
2179+
2180+
2181+SB0724 Enrolled- 62 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 62 - LRB103 29722 SPS 56127 b
2182+ SB0724 Enrolled - 62 - LRB103 29722 SPS 56127 b
2183+1 for terms of 4 years and shall continue to serve until their
2184+2 respective successors are appointed; provided that the terms
2185+3 of the original appointees shall expire on August 1, 1990. Any
2186+4 vacancy in the office of a member appointed by the Governor
2187+5 shall be filled by appointment of the Governor for the
2188+6 remainder of the term.
2189+7 A vacancy in the office of a member appointed by the
2190+8 Governor exists when one or more of the following events
2191+9 occur:
2192+10 (i) An appointee dies;
2193+11 (ii) An appointee files a written resignation with the
2194+12 Governor;
2195+13 (iii) An appointee ceases to be a legal resident of
2196+14 the State of Illinois; or
2197+15 (iv) An appointee fails to attend a majority of
2198+16 regularly scheduled Authority meetings in a fiscal year.
2199+17 Members who are representatives of an agency shall serve
2200+18 at the will of the agency head. Membership on the Authority
2201+19 shall cease immediately upon cessation of their affiliation
2202+20 with the agency. If such a vacancy occurs, the appropriate
2203+21 agency head shall appoint another person to represent the
2204+22 agency.
2205+23 If a legislative member of the Authority ceases to be
2206+24 Chairperson or Minority Spokesperson of the designated
2207+25 Committees, they shall automatically be replaced on the
2208+26 Authority by the person who assumes the position of
2209+
2210+
2211+
2212+
2213+
2214+ SB0724 Enrolled - 62 - LRB103 29722 SPS 56127 b
2215+
2216+
2217+SB0724 Enrolled- 63 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 63 - LRB103 29722 SPS 56127 b
2218+ SB0724 Enrolled - 63 - LRB103 29722 SPS 56127 b
2219+1 Chairperson or Minority Spokesperson.
2220+2 (b) The Community and Residential Services Authority shall
2221+3 have the following powers and duties:
2222+4 (1) Serve as a Parent/Guardian Navigator Assistance
2223+5 Program, to work directly with parents/guardians of youth
2224+6 with behavioral health concerns to provide assistance
2225+7 coordinating efforts with public agencies, including but
2226+8 not limited to local school district, State Board of
2227+9 Education, the Department of Human Services, Department of
2228+10 Children and Family Services, the Department of Healthcare
2229+11 and Family Services, Department of Public Health, and
2230+12 Department of Juvenile Justice. To conduct surveys to
2231+13 determine the extent of need, the degree to which
2232+14 documented need is currently being met and feasible
2233+15 alternatives for matching need with resources.
2234+16 (2) Work in conjunction with the new Care Portal and
2235+17 Care Portal Team to utilize the centralized IT platform
2236+18 for communication and case management, including
2237+19 collaboration on the development of Portal training,
2238+20 communications to the public, business processes for case
2239+21 triage, assignment, and referral. To develop policy
2240+22 statements for interagency cooperation to cover all
2241+23 aspects of service delivery, including laws, regulations
2242+24 and procedures, and clear guidelines for determining
2243+25 responsibility at all times.
2244+26 (3) To develop and submit to the Governor, the General
2245+
2246+
2247+
2248+
2249+
2250+ SB0724 Enrolled - 63 - LRB103 29722 SPS 56127 b
2251+
2252+
2253+SB0724 Enrolled- 64 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 64 - LRB103 29722 SPS 56127 b
2254+ SB0724 Enrolled - 64 - LRB103 29722 SPS 56127 b
2255+1 Assembly, the Directors of the agencies represented on the
2256+2 Authority, and State Board of Education a master plan for
2257+3 operating the Parent/Guardian Navigator Assistance
2258+4 Program, including how referrals are made, plan for
2259+5 dispute relative to plans of service or funding for plans
2260+6 of service, plans to include parents with lived experience
2261+7 as peer supports. To recommend policy statements and
2262+8 provide information regarding effective programs for
2263+9 delivery of services to all individuals under 22 years of
2264+10 age with a behavior disorder or a severe emotional
2265+11 disturbance in public or private situations.
2266+12 (4) (Blank). To review the criteria for service
2267+13 eligibility, provision and availability established by the
2268+14 governmental agencies represented on this Authority, and
2269+15 to recommend changes, additions or deletions to such
2270+16 criteria.
2271+17 (5) (Blank). To develop and submit to the Governor,
2272+18 the General Assembly, the Directors of the agencies
2273+19 represented on the Authority, and the State Board of
2274+20 Education a master plan for individuals under 22 years of
2275+21 age with a behavior disorder or a severe emotional
2276+22 disturbance, including detailed plans of service ranging
2277+23 from the least to the most restrictive options; and to
2278+24 assist local communities, upon request, in developing or
2279+25 strengthening collaborative interagency networks.
2280+26 (6) (Blank). To develop a process for making
2281+
2282+
2283+
2284+
2285+
2286+ SB0724 Enrolled - 64 - LRB103 29722 SPS 56127 b
2287+
2288+
2289+SB0724 Enrolled- 65 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 65 - LRB103 29722 SPS 56127 b
2290+ SB0724 Enrolled - 65 - LRB103 29722 SPS 56127 b
2291+1 determinations in situations where there is a dispute
2292+2 relative to a plan of service for individuals or funding
2293+3 for a plan of service.
2294+4 (7) (Blank). To provide technical assistance to
2295+5 parents, service consumers, providers, and member agency
2296+6 personnel regarding statutory responsibilities of human
2297+7 service and educational agencies, and to provide such
2298+8 assistance as deemed necessary to appropriately access
2299+9 needed services.
2300+10 (8) (Blank). To establish a pilot program to act as a
2301+11 residential research hub to research and identify
2302+12 appropriate residential settings for youth who are being
2303+13 housed in an emergency room for more than 72 hours or who
2304+14 are deemed beyond medical necessity in a psychiatric
2305+15 hospital. If a child is deemed beyond medical necessity in
2306+16 a psychiatric hospital and is in need of residential
2307+17 placement, the goal of the program is to prevent a
2308+18 lock-out pursuant to the goals of the Custody
2309+19 Relinquishment Prevention Act.
2310+20 (c) (1) The members of the Authority shall receive no
2311+21 compensation for their services but shall be entitled to
2312+22 reimbursement of reasonable expenses incurred while performing
2313+23 their duties.
2314+24 (2) The Authority may appoint special study groups to
2315+25 operate under the direction of the Authority and persons
2316+26 appointed to such groups shall receive only reimbursement of
2317+
2318+
2319+
2320+
2321+
2322+ SB0724 Enrolled - 65 - LRB103 29722 SPS 56127 b
2323+
2324+
2325+SB0724 Enrolled- 66 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 66 - LRB103 29722 SPS 56127 b
2326+ SB0724 Enrolled - 66 - LRB103 29722 SPS 56127 b
2327+1 reasonable expenses incurred in the performance of their
2328+2 duties.
2329+3 (3) The Authority shall elect from its membership a
2330+4 chairperson, vice-chairperson and secretary.
2331+5 (4) The Authority may employ and fix the compensation of
2332+6 such employees and technical assistants as it deems necessary
2333+7 to carry out its powers and duties under this Act. Staff
2334+8 assistance for the Authority shall be provided by the State
2335+9 Board of Education.
2336+10 (5) Funds for the ordinary and contingent expenses of the
2337+11 Authority shall be appropriated to the State Board of
2338+12 Education in a separate line item.
2339+13 (d) (1) The Authority shall have power to promulgate rules
2340+14 and regulations to carry out its powers and duties under this
2341+15 Act.
2342+16 (2) The Authority may accept monetary gifts or grants from
2343+17 the federal government or any agency thereof, from any
2344+18 charitable foundation or professional association or from any
2345+19 other reputable source for implementation of any program
2346+20 necessary or desirable to the carrying out of the general
2347+21 purposes of the Authority. Such gifts and grants may be held in
2348+22 trust by the Authority and expended in the exercise of its
2349+23 powers and performance of its duties as prescribed by law.
2350+24 (3) The Authority shall submit an annual report of its
2351+25 activities and expenditures to the Governor, the General
2352+26 Assembly, the directors of agencies represented on the
2353+
2354+
2355+
2356+
2357+
2358+ SB0724 Enrolled - 66 - LRB103 29722 SPS 56127 b
2359+
2360+
2361+SB0724 Enrolled- 67 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 67 - LRB103 29722 SPS 56127 b
2362+ SB0724 Enrolled - 67 - LRB103 29722 SPS 56127 b
2363+1 Authority, and the State Superintendent of Education, due
2364+2 January 1 of each year.
2365+3 (e) The Executive Director of the Authority or his or her
2366+4 designee shall be added as a participant on the Interagency
2367+5 Clinical Team established in the intergovernmental agreement
2368+6 among the Department of Healthcare and Family Services, the
2369+7 Department of Children and Family Services, the Department of
2370+8 Human Services, the State Board of Education, the Department
2371+9 of Juvenile Justice, and the Department of Public Health, with
2372+10 consent of the youth or the youth's guardian or family
2373+11 pursuant to the Custody Relinquishment Prevention Act.
2374+12 (Source: P.A. 102-43, eff. 7-6-21.)
2375+13 Section 25. The Illinois Public Aid Code is amended by
2376+14 changing Section 5-30.1 as follows:
2377+15 (305 ILCS 5/5-30.1)
2378+16 Sec. 5-30.1. Managed care protections.
2379+17 (a) As used in this Section:
2380+18 "Managed care organization" or "MCO" means any entity
2381+19 which contracts with the Department to provide services where
2382+20 payment for medical services is made on a capitated basis.
2383+21 "Emergency services" include:
2384+22 (1) emergency services, as defined by Section 10 of
2385+23 the Managed Care Reform and Patient Rights Act;
2386+24 (2) emergency medical screening examinations, as
2387+
2388+
2389+
2390+
2391+
2392+ SB0724 Enrolled - 67 - LRB103 29722 SPS 56127 b
2393+
2394+
2395+SB0724 Enrolled- 68 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 68 - LRB103 29722 SPS 56127 b
2396+ SB0724 Enrolled - 68 - LRB103 29722 SPS 56127 b
2397+1 defined by Section 10 of the Managed Care Reform and
2398+2 Patient Rights Act;
2399+3 (3) post-stabilization medical services, as defined by
2400+4 Section 10 of the Managed Care Reform and Patient Rights
2401+5 Act; and
2402+6 (4) emergency medical conditions, as defined by
2403+7 Section 10 of the Managed Care Reform and Patient Rights
2404+8 Act.
2405+9 (b) As provided by Section 5-16.12, managed care
2406+10 organizations are subject to the provisions of the Managed
2407+11 Care Reform and Patient Rights Act.
2408+12 (c) An MCO shall pay any provider of emergency services
2409+13 that does not have in effect a contract with the contracted
2410+14 Medicaid MCO. The default rate of reimbursement shall be the
2411+15 rate paid under Illinois Medicaid fee-for-service program
2412+16 methodology, including all policy adjusters, including but not
2413+17 limited to Medicaid High Volume Adjustments, Medicaid
2414+18 Percentage Adjustments, Outpatient High Volume Adjustments,
2415+19 and all outlier add-on adjustments to the extent such
2416+20 adjustments are incorporated in the development of the
2417+21 applicable MCO capitated rates.
2418+22 (d) An MCO shall pay for all post-stabilization services
2419+23 as a covered service in any of the following situations:
2420+24 (1) the MCO authorized such services;
2421+25 (2) such services were administered to maintain the
2422+26 enrollee's stabilized condition within one hour after a
2423+
2424+
2425+
2426+
2427+
2428+ SB0724 Enrolled - 68 - LRB103 29722 SPS 56127 b
2429+
2430+
2431+SB0724 Enrolled- 69 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 69 - LRB103 29722 SPS 56127 b
2432+ SB0724 Enrolled - 69 - LRB103 29722 SPS 56127 b
2433+1 request to the MCO for authorization of further
2434+2 post-stabilization services;
2435+3 (3) the MCO did not respond to a request to authorize
2436+4 such services within one hour;
2437+5 (4) the MCO could not be contacted; or
2438+6 (5) the MCO and the treating provider, if the treating
2439+7 provider is a non-affiliated provider, could not reach an
2440+8 agreement concerning the enrollee's care and an affiliated
2441+9 provider was unavailable for a consultation, in which case
2442+10 the MCO must pay for such services rendered by the
2443+11 treating non-affiliated provider until an affiliated
2444+12 provider was reached and either concurred with the
2445+13 treating non-affiliated provider's plan of care or assumed
2446+14 responsibility for the enrollee's care. Such payment shall
2447+15 be made at the default rate of reimbursement paid under
2448+16 Illinois Medicaid fee-for-service program methodology,
2449+17 including all policy adjusters, including but not limited
2450+18 to Medicaid High Volume Adjustments, Medicaid Percentage
2451+19 Adjustments, Outpatient High Volume Adjustments and all
2452+20 outlier add-on adjustments to the extent that such
2453+21 adjustments are incorporated in the development of the
2454+22 applicable MCO capitated rates.
2455+23 (e) The following requirements apply to MCOs in
2456+24 determining payment for all emergency services:
2457+25 (1) MCOs shall not impose any requirements for prior
2458+26 approval of emergency services.
2459+
2460+
2461+
2462+
2463+
2464+ SB0724 Enrolled - 69 - LRB103 29722 SPS 56127 b
2465+
2466+
2467+SB0724 Enrolled- 70 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 70 - LRB103 29722 SPS 56127 b
2468+ SB0724 Enrolled - 70 - LRB103 29722 SPS 56127 b
2469+1 (2) The MCO shall cover emergency services provided to
2470+2 enrollees who are temporarily away from their residence
2471+3 and outside the contracting area to the extent that the
2472+4 enrollees would be entitled to the emergency services if
2473+5 they still were within the contracting area.
2474+6 (3) The MCO shall have no obligation to cover medical
2475+7 services provided on an emergency basis that are not
2476+8 covered services under the contract.
2477+9 (4) The MCO shall not condition coverage for emergency
2478+10 services on the treating provider notifying the MCO of the
2479+11 enrollee's screening and treatment within 10 days after
2480+12 presentation for emergency services.
2481+13 (5) The determination of the attending emergency
2482+14 physician, or the provider actually treating the enrollee,
2483+15 of whether an enrollee is sufficiently stabilized for
2484+16 discharge or transfer to another facility, shall be
2485+17 binding on the MCO. The MCO shall cover emergency services
2486+18 for all enrollees whether the emergency services are
2487+19 provided by an affiliated or non-affiliated provider.
2488+20 (6) The MCO's financial responsibility for
2489+21 post-stabilization care services it has not pre-approved
2490+22 ends when:
2491+23 (A) a plan physician with privileges at the
2492+24 treating hospital assumes responsibility for the
2493+25 enrollee's care;
2494+26 (B) a plan physician assumes responsibility for
2495+
2496+
2497+
2498+
2499+
2500+ SB0724 Enrolled - 70 - LRB103 29722 SPS 56127 b
2501+
2502+
2503+SB0724 Enrolled- 71 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 71 - LRB103 29722 SPS 56127 b
2504+ SB0724 Enrolled - 71 - LRB103 29722 SPS 56127 b
2505+1 the enrollee's care through transfer;
2506+2 (C) a contracting entity representative and the
2507+3 treating physician reach an agreement concerning the
2508+4 enrollee's care; or
2509+5 (D) the enrollee is discharged.
2510+6 (f) Network adequacy and transparency.
2511+7 (1) The Department shall:
2512+8 (A) ensure that an adequate provider network is in
2513+9 place, taking into consideration health professional
2514+10 shortage areas and medically underserved areas;
2515+11 (B) publicly release an explanation of its process
2516+12 for analyzing network adequacy;
2517+13 (C) periodically ensure that an MCO continues to
2518+14 have an adequate network in place;
2519+15 (D) require MCOs, including Medicaid Managed Care
2520+16 Entities as defined in Section 5-30.2, to meet
2521+17 provider directory requirements under Section 5-30.3;
2522+18 (E) require MCOs to ensure that any
2523+19 Medicaid-certified provider under contract with an MCO
2524+20 and previously submitted on a roster on the date of
2525+21 service is paid for any medically necessary,
2526+22 Medicaid-covered, and authorized service rendered to
2527+23 any of the MCO's enrollees, regardless of inclusion on
2528+24 the MCO's published and publicly available directory
2529+25 of available providers; and
2530+26 (F) require MCOs, including Medicaid Managed Care
2531+
2532+
2533+
2534+
2535+
2536+ SB0724 Enrolled - 71 - LRB103 29722 SPS 56127 b
2537+
2538+
2539+SB0724 Enrolled- 72 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 72 - LRB103 29722 SPS 56127 b
2540+ SB0724 Enrolled - 72 - LRB103 29722 SPS 56127 b
2541+1 Entities as defined in Section 5-30.2, to meet each of
2542+2 the requirements under subsection (d-5) of Section 10
2543+3 of the Network Adequacy and Transparency Act; with
2544+4 necessary exceptions to the MCO's network to ensure
2545+5 that admission and treatment with a provider or at a
2546+6 treatment facility in accordance with the network
2547+7 adequacy standards in paragraph (3) of subsection
2548+8 (d-5) of Section 10 of the Network Adequacy and
2549+9 Transparency Act is limited to providers or facilities
2550+10 that are Medicaid certified.
2551+11 (2) Each MCO shall confirm its receipt of information
2552+12 submitted specific to physician or dentist additions or
2553+13 physician or dentist deletions from the MCO's provider
2554+14 network within 3 days after receiving all required
2555+15 information from contracted physicians or dentists, and
2556+16 electronic physician and dental directories must be
2557+17 updated consistent with current rules as published by the
2558+18 Centers for Medicare and Medicaid Services or its
2559+19 successor agency.
2560+20 (g) Timely payment of claims.
2561+21 (1) The MCO shall pay a claim within 30 days of
2562+22 receiving a claim that contains all the essential
2563+23 information needed to adjudicate the claim.
2564+24 (2) The MCO shall notify the billing party of its
2565+25 inability to adjudicate a claim within 30 days of
2566+26 receiving that claim.
2567+
2568+
2569+
2570+
2571+
2572+ SB0724 Enrolled - 72 - LRB103 29722 SPS 56127 b
2573+
2574+
2575+SB0724 Enrolled- 73 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 73 - LRB103 29722 SPS 56127 b
2576+ SB0724 Enrolled - 73 - LRB103 29722 SPS 56127 b
2577+1 (3) The MCO shall pay a penalty that is at least equal
2578+2 to the timely payment interest penalty imposed under
2579+3 Section 368a of the Illinois Insurance Code for any claims
2580+4 not timely paid.
2581+5 (A) When an MCO is required to pay a timely payment
2582+6 interest penalty to a provider, the MCO must calculate
2583+7 and pay the timely payment interest penalty that is
2584+8 due to the provider within 30 days after the payment of
2585+9 the claim. In no event shall a provider be required to
2586+10 request or apply for payment of any owed timely
2587+11 payment interest penalties.
2588+12 (B) Such payments shall be reported separately
2589+13 from the claim payment for services rendered to the
2590+14 MCO's enrollee and clearly identified as interest
2591+15 payments.
2592+16 (4)(A) The Department shall require MCOs to expedite
2593+17 payments to providers identified on the Department's
2594+18 expedited provider list, determined in accordance with 89
2595+19 Ill. Adm. Code 140.71(b), on a schedule at least as
2596+20 frequently as the providers are paid under the
2597+21 Department's fee-for-service expedited provider schedule.
2598+22 (B) Compliance with the expedited provider requirement
2599+23 may be satisfied by an MCO through the use of a Periodic
2600+24 Interim Payment (PIP) program that has been mutually
2601+25 agreed to and documented between the MCO and the provider,
2602+26 if the PIP program ensures that any expedited provider
2603+
2604+
2605+
2606+
2607+
2608+ SB0724 Enrolled - 73 - LRB103 29722 SPS 56127 b
2609+
2610+
2611+SB0724 Enrolled- 74 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 74 - LRB103 29722 SPS 56127 b
2612+ SB0724 Enrolled - 74 - LRB103 29722 SPS 56127 b
2613+1 receives regular and periodic payments based on prior
2614+2 period payment experience from that MCO. Total payments
2615+3 under the PIP program may be reconciled against future PIP
2616+4 payments on a schedule mutually agreed to between the MCO
2617+5 and the provider.
2618+6 (C) The Department shall share at least monthly its
2619+7 expedited provider list and the frequency with which it
2620+8 pays providers on the expedited list.
2621+9 (g-5) Recognizing that the rapid transformation of the
2622+10 Illinois Medicaid program may have unintended operational
2623+11 challenges for both payers and providers:
2624+12 (1) in no instance shall a medically necessary covered
2625+13 service rendered in good faith, based upon eligibility
2626+14 information documented by the provider, be denied coverage
2627+15 or diminished in payment amount if the eligibility or
2628+16 coverage information available at the time the service was
2629+17 rendered is later found to be inaccurate in the assignment
2630+18 of coverage responsibility between MCOs or the
2631+19 fee-for-service system, except for instances when an
2632+20 individual is deemed to have not been eligible for
2633+21 coverage under the Illinois Medicaid program; and
2634+22 (2) the Department shall, by December 31, 2016, adopt
2635+23 rules establishing policies that shall be included in the
2636+24 Medicaid managed care policy and procedures manual
2637+25 addressing payment resolutions in situations in which a
2638+26 provider renders services based upon information obtained
2639+
2640+
2641+
2642+
2643+
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2645+
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2648+ SB0724 Enrolled - 75 - LRB103 29722 SPS 56127 b
2649+1 after verifying a patient's eligibility and coverage plan
2650+2 through either the Department's current enrollment system
2651+3 or a system operated by the coverage plan identified by
2652+4 the patient presenting for services:
2653+5 (A) such medically necessary covered services
2654+6 shall be considered rendered in good faith;
2655+7 (B) such policies and procedures shall be
2656+8 developed in consultation with industry
2657+9 representatives of the Medicaid managed care health
2658+10 plans and representatives of provider associations
2659+11 representing the majority of providers within the
2660+12 identified provider industry; and
2661+13 (C) such rules shall be published for a review and
2662+14 comment period of no less than 30 days on the
2663+15 Department's website with final rules remaining
2664+16 available on the Department's website.
2665+17 The rules on payment resolutions shall include, but
2666+18 not be limited to:
2667+19 (A) the extension of the timely filing period;
2668+20 (B) retroactive prior authorizations; and
2669+21 (C) guaranteed minimum payment rate of no less
2670+22 than the current, as of the date of service,
2671+23 fee-for-service rate, plus all applicable add-ons,
2672+24 when the resulting service relationship is out of
2673+25 network.
2674+26 The rules shall be applicable for both MCO coverage
2675+
2676+
2677+
2678+
2679+
2680+ SB0724 Enrolled - 75 - LRB103 29722 SPS 56127 b
2681+
2682+
2683+SB0724 Enrolled- 76 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 76 - LRB103 29722 SPS 56127 b
2684+ SB0724 Enrolled - 76 - LRB103 29722 SPS 56127 b
2685+1 and fee-for-service coverage.
2686+2 If the fee-for-service system is ultimately determined to
2687+3 have been responsible for coverage on the date of service, the
2688+4 Department shall provide for an extended period for claims
2689+5 submission outside the standard timely filing requirements.
2690+6 (g-6) MCO Performance Metrics Report.
2691+7 (1) The Department shall publish, on at least a
2692+8 quarterly basis, each MCO's operational performance,
2693+9 including, but not limited to, the following categories of
2694+10 metrics:
2695+11 (A) claims payment, including timeliness and
2696+12 accuracy;
2697+13 (B) prior authorizations;
2698+14 (C) grievance and appeals;
2699+15 (D) utilization statistics;
2700+16 (E) provider disputes;
2701+17 (F) provider credentialing; and
2702+18 (G) member and provider customer service.
2703+19 (2) The Department shall ensure that the metrics
2704+20 report is accessible to providers online by January 1,
2705+21 2017.
2706+22 (3) The metrics shall be developed in consultation
2707+23 with industry representatives of the Medicaid managed care
2708+24 health plans and representatives of associations
2709+25 representing the majority of providers within the
2710+26 identified industry.
2711+
2712+
2713+
2714+
2715+
2716+ SB0724 Enrolled - 76 - LRB103 29722 SPS 56127 b
2717+
2718+
2719+SB0724 Enrolled- 77 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 77 - LRB103 29722 SPS 56127 b
2720+ SB0724 Enrolled - 77 - LRB103 29722 SPS 56127 b
2721+1 (4) Metrics shall be defined and incorporated into the
2722+2 applicable Managed Care Policy Manual issued by the
2723+3 Department.
2724+4 (g-7) MCO claims processing and performance analysis. In
2725+5 order to monitor MCO payments to hospital providers, pursuant
2726+6 to Public Act 100-580, the Department shall post an analysis
2727+7 of MCO claims processing and payment performance on its
2728+8 website every 6 months. Such analysis shall include a review
2729+9 and evaluation of a representative sample of hospital claims
2730+10 that are rejected and denied for clean and unclean claims and
2731+11 the top 5 reasons for such actions and timeliness of claims
2732+12 adjudication, which identifies the percentage of claims
2733+13 adjudicated within 30, 60, 90, and over 90 days, and the dollar
2734+14 amounts associated with those claims.
2735+15 (g-8) Dispute resolution process. The Department shall
2736+16 maintain a provider complaint portal through which a provider
2737+17 can submit to the Department unresolved disputes with an MCO.
2738+18 An unresolved dispute means an MCO's decision that denies in
2739+19 whole or in part a claim for reimbursement to a provider for
2740+20 health care services rendered by the provider to an enrollee
2741+21 of the MCO with which the provider disagrees. Disputes shall
2742+22 not be submitted to the portal until the provider has availed
2743+23 itself of the MCO's internal dispute resolution process.
2744+24 Disputes that are submitted to the MCO internal dispute
2745+25 resolution process may be submitted to the Department of
2746+26 Healthcare and Family Services' complaint portal no sooner
2747+
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2750+
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2752+ SB0724 Enrolled - 77 - LRB103 29722 SPS 56127 b
2753+
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2755+SB0724 Enrolled- 78 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 78 - LRB103 29722 SPS 56127 b
2756+ SB0724 Enrolled - 78 - LRB103 29722 SPS 56127 b
2757+1 than 30 days after submitting to the MCO's internal process
2758+2 and not later than 30 days after the unsatisfactory resolution
2759+3 of the internal MCO process or 60 days after submitting the
2760+4 dispute to the MCO internal process. Multiple claim disputes
2761+5 involving the same MCO may be submitted in one complaint,
2762+6 regardless of whether the claims are for different enrollees,
2763+7 when the specific reason for non-payment of the claims
2764+8 involves a common question of fact or policy. Within 10
2765+9 business days of receipt of a complaint, the Department shall
2766+10 present such disputes to the appropriate MCO, which shall then
2767+11 have 30 days to issue its written proposal to resolve the
2768+12 dispute. The Department may grant one 30-day extension of this
2769+13 time frame to one of the parties to resolve the dispute. If the
2770+14 dispute remains unresolved at the end of this time frame or the
2771+15 provider is not satisfied with the MCO's written proposal to
2772+16 resolve the dispute, the provider may, within 30 days, request
2773+17 the Department to review the dispute and make a final
2774+18 determination. Within 30 days of the request for Department
2775+19 review of the dispute, both the provider and the MCO shall
2776+20 present all relevant information to the Department for
2777+21 resolution and make individuals with knowledge of the issues
2778+22 available to the Department for further inquiry if needed.
2779+23 Within 30 days of receiving the relevant information on the
2780+24 dispute, or the lapse of the period for submitting such
2781+25 information, the Department shall issue a written decision on
2782+26 the dispute based on contractual terms between the provider
2783+
2784+
2785+
2786+
2787+
2788+ SB0724 Enrolled - 78 - LRB103 29722 SPS 56127 b
2789+
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2791+SB0724 Enrolled- 79 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 79 - LRB103 29722 SPS 56127 b
2792+ SB0724 Enrolled - 79 - LRB103 29722 SPS 56127 b
2793+1 and the MCO, contractual terms between the MCO and the
2794+2 Department of Healthcare and Family Services and applicable
2795+3 Medicaid policy. The decision of the Department shall be
2796+4 final. By January 1, 2020, the Department shall establish by
2797+5 rule further details of this dispute resolution process.
2798+6 Disputes between MCOs and providers presented to the
2799+7 Department for resolution are not contested cases, as defined
2800+8 in Section 1-30 of the Illinois Administrative Procedure Act,
2801+9 conferring any right to an administrative hearing.
2802+10 (g-9)(1) The Department shall publish annually on its
2803+11 website a report on the calculation of each managed care
2804+12 organization's medical loss ratio showing the following:
2805+13 (A) Premium revenue, with appropriate adjustments.
2806+14 (B) Benefit expense, setting forth the aggregate
2807+15 amount spent for the following:
2808+16 (i) Direct paid claims.
2809+17 (ii) Subcapitation payments.
2810+18 (iii) Other claim payments.
2811+19 (iv) Direct reserves.
2812+20 (v) Gross recoveries.
2813+21 (vi) Expenses for activities that improve health
2814+22 care quality as allowed by the Department.
2815+23 (2) The medical loss ratio shall be calculated consistent
2816+24 with federal law and regulation following a claims runout
2817+25 period determined by the Department.
2818+26 (g-10)(1) "Liability effective date" means the date on
2819+
2820+
2821+
2822+
2823+
2824+ SB0724 Enrolled - 79 - LRB103 29722 SPS 56127 b
2825+
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2827+SB0724 Enrolled- 80 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 80 - LRB103 29722 SPS 56127 b
2828+ SB0724 Enrolled - 80 - LRB103 29722 SPS 56127 b
2829+1 which an MCO becomes responsible for payment for medically
2830+2 necessary and covered services rendered by a provider to one
2831+3 of its enrollees in accordance with the contract terms between
2832+4 the MCO and the provider. The liability effective date shall
2833+5 be the later of:
2834+6 (A) The execution date of a network participation
2835+7 contract agreement.
2836+8 (B) The date the provider or its representative
2837+9 submits to the MCO the complete and accurate standardized
2838+10 roster form for the provider in the format approved by the
2839+11 Department.
2840+12 (C) The provider effective date contained within the
2841+13 Department's provider enrollment subsystem within the
2842+14 Illinois Medicaid Program Advanced Cloud Technology
2843+15 (IMPACT) System.
2844+16 (2) The standardized roster form may be submitted to the
2845+17 MCO at the same time that the provider submits an enrollment
2846+18 application to the Department through IMPACT.
2847+19 (3) By October 1, 2019, the Department shall require all
2848+20 MCOs to update their provider directory with information for
2849+21 new practitioners of existing contracted providers within 30
2850+22 days of receipt of a complete and accurate standardized roster
2851+23 template in the format approved by the Department provided
2852+24 that the provider is effective in the Department's provider
2853+25 enrollment subsystem within the IMPACT system. Such provider
2854+26 directory shall be readily accessible for purposes of
2855+
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2859+
2860+ SB0724 Enrolled - 80 - LRB103 29722 SPS 56127 b
2861+
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2863+SB0724 Enrolled- 81 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 81 - LRB103 29722 SPS 56127 b
2864+ SB0724 Enrolled - 81 - LRB103 29722 SPS 56127 b
2865+1 selecting an approved health care provider and comply with all
2866+2 other federal and State requirements.
2867+3 (g-11) The Department shall work with relevant
2868+4 stakeholders on the development of operational guidelines to
2869+5 enhance and improve operational performance of Illinois'
2870+6 Medicaid managed care program, including, but not limited to,
2871+7 improving provider billing practices, reducing claim
2872+8 rejections and inappropriate payment denials, and
2873+9 standardizing processes, procedures, definitions, and response
2874+10 timelines, with the goal of reducing provider and MCO
2875+11 administrative burdens and conflict. The Department shall
2876+12 include a report on the progress of these program improvements
2877+13 and other topics in its Fiscal Year 2020 annual report to the
2878+14 General Assembly.
2879+15 (g-12) Notwithstanding any other provision of law, if the
2880+16 Department or an MCO requires submission of a claim for
2881+17 payment in a non-electronic format, a provider shall always be
2882+18 afforded a period of no less than 90 business days, as a
2883+19 correction period, following any notification of rejection by
2884+20 either the Department or the MCO to correct errors or
2885+21 omissions in the original submission.
2886+22 Under no circumstances, either by an MCO or under the
2887+23 State's fee-for-service system, shall a provider be denied
2888+24 payment for failure to comply with any timely submission
2889+25 requirements under this Code or under any existing contract,
2890+26 unless the non-electronic format claim submission occurs after
2891+
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2894+
2895+
2896+ SB0724 Enrolled - 81 - LRB103 29722 SPS 56127 b
2897+
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2899+SB0724 Enrolled- 82 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 82 - LRB103 29722 SPS 56127 b
2900+ SB0724 Enrolled - 82 - LRB103 29722 SPS 56127 b
2901+1 the initial 180 days following the latest date of service on
2902+2 the claim, or after the 90 business days correction period
2903+3 following notification to the provider of rejection or denial
2904+4 of payment.
2905+5 (h) The Department shall not expand mandatory MCO
2906+6 enrollment into new counties beyond those counties already
2907+7 designated by the Department as of June 1, 2014 for the
2908+8 individuals whose eligibility for medical assistance is not
2909+9 the seniors or people with disabilities population until the
2910+10 Department provides an opportunity for accountable care
2911+11 entities and MCOs to participate in such newly designated
2912+12 counties.
2913+13 (h-5) Leading indicator data sharing. By January 1, 2024,
2914+14 the Department shall obtain input from the Department of Human
2915+15 Services, the Department of Juvenile Justice, the Department
2916+16 of Children and Family Services, the State Board of Education,
2917+17 managed care organizations, providers, and clinical experts to
2918+18 identify and analyze key indicators from assessments and data
2919+19 sets available to the Department that can be shared with
2920+20 managed care organizations and similar care coordination
2921+21 entities contracted with the Department as leading indicators
2922+22 for elevated behavioral health crisis risk for children. To
2923+23 the extent permitted by State and federal law, the identified
2924+24 leading indicators shall be shared with managed care
2925+25 organizations and similar care coordination entities
2926+26 contracted with the Department within 6 months of
2927+
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2929+
2930+
2931+
2932+ SB0724 Enrolled - 82 - LRB103 29722 SPS 56127 b
2933+
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2935+SB0724 Enrolled- 83 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 83 - LRB103 29722 SPS 56127 b
2936+ SB0724 Enrolled - 83 - LRB103 29722 SPS 56127 b
2937+1 identification for the purpose of improving care coordination
2938+2 with the early detection of elevated risk. Leading indicators
2939+3 shall be reassessed annually with stakeholder input.
2940+4 (i) The requirements of this Section apply to contracts
2941+5 with accountable care entities and MCOs entered into, amended,
2942+6 or renewed after June 16, 2014 (the effective date of Public
2943+7 Act 98-651).
2944+8 (j) Health care information released to managed care
2945+9 organizations. A health care provider shall release to a
2946+10 Medicaid managed care organization, upon request, and subject
2947+11 to the Health Insurance Portability and Accountability Act of
2948+12 1996 and any other law applicable to the release of health
2949+13 information, the health care information of the MCO's
2950+14 enrollee, if the enrollee has completed and signed a general
2951+15 release form that grants to the health care provider
2952+16 permission to release the recipient's health care information
2953+17 to the recipient's insurance carrier.
2954+18 (k) The Department of Healthcare and Family Services,
2955+19 managed care organizations, a statewide organization
2956+20 representing hospitals, and a statewide organization
2957+21 representing safety-net hospitals shall explore ways to
2958+22 support billing departments in safety-net hospitals.
2959+23 (l) The requirements of this Section added by Public Act
2960+24 102-4 shall apply to services provided on or after the first
2961+25 day of the month that begins 60 days after April 27, 2021 (the
2962+26 effective date of Public Act 102-4).
2963+
2964+
2965+
2966+
2967+
2968+ SB0724 Enrolled - 83 - LRB103 29722 SPS 56127 b
2969+
2970+
2971+SB0724 Enrolled- 84 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 84 - LRB103 29722 SPS 56127 b
2972+ SB0724 Enrolled - 84 - LRB103 29722 SPS 56127 b
2973+1 (Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
2974+2 102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
2975+3 8-20-21; 102-813, eff. 5-13-22.)
2976+4 Section 30. The Juvenile Court Act of 1987 is amended by
2977+5 changing Section 3-5 as follows:
2978+6 (705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
2979+7 Sec. 3-5. Interim crisis intervention services.
2980+8 (a) Any minor who is taken into limited custody, or who
2981+9 independently requests or is referred for assistance, may be
2982+10 provided crisis intervention services by an agency or
2983+11 association, as defined in this Act, provided the association
2984+12 or agency staff (i) immediately investigate the circumstances
2985+13 of the minor and the facts surrounding the minor being taken
2986+14 into custody and promptly explain these facts and
2987+15 circumstances to the minor, and (ii) make a reasonable effort
2988+16 to inform the minor's parent, guardian or custodian of the
2989+17 fact that the minor has been taken into limited custody and
2990+18 where the minor is being kept, and (iii) if the minor consents,
2991+19 make a reasonable effort to transport, arrange for the
2992+20 transportation of, or otherwise release the minor to the
2993+21 parent, guardian or custodian. Upon release of the child who
2994+22 is believed to need or benefit from medical, psychological,
2995+23 psychiatric or social services, the association or agency may
2996+24 inform the minor and the person to whom the minor is released
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3006+ SB0724 Enrolled - 85 - LRB103 29722 SPS 56127 b
3007+1 of the nature and location of appropriate services and shall,
3008+2 if requested, assist in establishing contact between the
3009+3 family and other associations or agencies providing such
3010+4 services. If the agency or association is unable by all
3011+5 reasonable efforts to contact a parent, guardian or custodian,
3012+6 or if the person contacted lives an unreasonable distance
3013+7 away, or if the minor refuses to be taken to his or her home or
3014+8 other appropriate residence, or if the agency or association
3015+9 is otherwise unable despite all reasonable efforts to make
3016+10 arrangements for the safe return of the minor, the minor may be
3017+11 taken to a temporary living arrangement which is in compliance
3018+12 with the Child Care Act of 1969 or which is with persons agreed
3019+13 to by the parents and the agency or association.
3020+14 (b) An agency or association is authorized to permit a
3021+15 minor to be sheltered in a temporary living arrangement
3022+16 provided the agency seeks to effect the minor's return home or
3023+17 alternative living arrangements agreeable to the minor and the
3024+18 parent, guardian, or custodian as soon as practicable. No
3025+19 minor shall be sheltered in a temporary living arrangement for
3026+20 more than 21 business days. Throughout such limited custody,
3027+21 the agency or association shall work with the parent,
3028+22 guardian, or custodian and the minor's local school district,
3029+23 the Department of Human Services, the Department of Healthcare
3030+24 and Family Services, the Department of Juvenile Justice, and
3031+25 the Department of Children and Family Services to identify
3032+26 immediate and long-term treatment or placement. 48 hours,
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3038+ SB0724 Enrolled - 85 - LRB103 29722 SPS 56127 b
3039+
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3041+SB0724 Enrolled- 86 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 86 - LRB103 29722 SPS 56127 b
3042+ SB0724 Enrolled - 86 - LRB103 29722 SPS 56127 b
3043+1 excluding Saturdays, Sundays, and court-designated holidays,
3044+2 when the agency has reported the minor as neglected or abused
3045+3 because the parent, guardian, or custodian refuses to permit
3046+4 the child to return home, provided that in all other instances
3047+5 the minor may be sheltered when the agency obtains the consent
3048+6 of the parent, guardian, or custodian or documents its
3049+7 unsuccessful efforts to obtain the consent or authority of the
3050+8 parent, guardian, or custodian, including recording the date
3051+9 and the staff involved in all telephone calls, telegrams,
3052+10 letters, and personal contacts to obtain the consent or
3053+11 authority, in which instances the minor may be so sheltered
3054+12 for not more than 21 days. If at any time during the crisis
3055+13 intervention there is a concern that the minor has experienced
3056+14 abuse or neglect, the Comprehensive Community Based-Youth
3057+15 Services provider shall contact the parent, guardian or
3058+16 custodian refuses to permit the minor to return home, and no
3059+17 other living arrangement agreeable to the parent, guardian, or
3060+18 custodian can be made, and the parent, guardian, or custodian
3061+19 has not made any other appropriate living arrangement for the
3062+20 child, the agency may deem the minor to be neglected and report
3063+21 the neglect to the Department of Children and Family Services
3064+22 as provided in the Abused and Neglected Child Reporting Act.
3065+23 The Child Protective Service Unit of the Department of
3066+24 Children and Family Services shall begin an investigation of
3067+25 the report within 24 hours after receiving the report and
3068+26 shall determine whether to file a petition alleging that the
3069+
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3074+ SB0724 Enrolled - 86 - LRB103 29722 SPS 56127 b
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3077+SB0724 Enrolled- 87 -LRB103 29722 SPS 56127 b SB0724 Enrolled - 87 - LRB103 29722 SPS 56127 b
3078+ SB0724 Enrolled - 87 - LRB103 29722 SPS 56127 b
3079+1 minor is neglected or abused as described in Section 2-3 of
3080+2 this Act. Subject to appropriation, the Department may take
3081+3 the minor into temporary protective custody at any time after
3082+4 receiving the report, provided that the Department shall take
3083+5 temporary protective custody within 48 hours of receiving the
3084+6 report if its investigation is not completed. If the
3085+7 Department of Children and Family Services determines that the
3086+8 minor is not a neglected minor because the minor is an
3087+9 immediate physical danger to himself, herself, or others
3088+10 living in the home, then the Department shall take immediate
3089+11 steps to either secure the minor's immediate admission to a
3090+12 mental health facility, arrange for law enforcement
3091+13 authorities to take temporary custody of the minor as a
3092+14 delinquent minor, or take other appropriate action to assume
3093+15 protective custody in order to safeguard the minor or others
3094+16 living in the home from immediate physical danger.
3095+17 (c) Any agency or association or employee thereof acting
3096+18 reasonably and in good faith in the care of a minor being
3097+19 provided interim crisis intervention services and shelter care
3098+20 shall be immune from any civil or criminal liability resulting
3099+21 from such care.
3100+22 (Source: P.A. 95-443, eff. 1-1-08.)
3101+
3102+
3103+
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3106+ SB0724 Enrolled - 87 - LRB103 29722 SPS 56127 b