Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB2820 Introduced / Bill

Filed 01/19/2024

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5305 ILCS 5/5-2 from Ch. 23, par. 5-2705 ILCS 405/2-23 from Ch. 37, par. 802-23705 ILCS 405/2-31 from Ch. 37, par. 802-31705 ILCS 405/2-33705 ILCS 405/2-34 Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code. LRB103 37208 KTG 67327 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:  15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5305 ILCS 5/5-2 from Ch. 23, par. 5-2705 ILCS 405/2-23 from Ch. 37, par. 802-23705 ILCS 405/2-31 from Ch. 37, par. 802-31705 ILCS 405/2-33705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5  305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33  705 ILCS 405/2-34  Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.  LRB103 37208 KTG 67327 b     LRB103 37208 KTG 67327 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5305 ILCS 5/5-2 from Ch. 23, par. 5-2705 ILCS 405/2-23 from Ch. 37, par. 802-23705 ILCS 405/2-31 from Ch. 37, par. 802-31705 ILCS 405/2-33705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5  305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33  705 ILCS 405/2-34
15 ILCS 335/12 from Ch. 124, par. 32
20 ILCS 505/5
305 ILCS 5/5-2 from Ch. 23, par. 5-2
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-31 from Ch. 37, par. 802-31
705 ILCS 405/2-33
705 ILCS 405/2-34
Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
LRB103 37208 KTG 67327 b     LRB103 37208 KTG 67327 b
    LRB103 37208 KTG 67327 b
A BILL FOR
SB2820LRB103 37208 KTG 67327 b   SB2820  LRB103 37208 KTG 67327 b
  SB2820  LRB103 37208 KTG 67327 b
1  AN ACT concerning foster youth.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 1. The Illinois Identification Card Act is amended
5  by changing Section 12 as follows:
6  (15 ILCS 335/12) (from Ch. 124, par. 32)
7  Sec. 12. Fees concerning standard Illinois Identification
8  Cards. The fees required under this Act for standard Illinois
9  Identification Cards must accompany any application provided
10  for in this Act, and the Secretary shall collect such fees as
11  follows:
12 a. Original card................................$2013 b. Renewal card.................................2014 c. Corrected card...............................1015 d. Duplicate card...............................2016 e. Certified copy with seal ....................517 f. (Blank) 18 g. Applicant 65 years of age or over ...........No Fee19 h. (Blank) 20 i. Individual living in Veterans21  Home or Hospital ...........................No Fee22 j. Original card under 18 years of age..........$523 k. Renewal card under 18 years of age...........$5 12  a. Original card................................ $20 13  b. Renewal card................................. 20 14  c. Corrected card............................... 10 15  d. Duplicate card............................... 20 16  e. Certified copy with seal .................... 5 17  f. (Blank)  18  g. Applicant 65 years of age or over ........... No Fee 19  h. (Blank)  20  i. Individual living in Veterans  21  Home or Hospital ........................... No Fee 22  j. Original card under 18 years of age.......... $5 23  k. Renewal card under 18 years of age........... $5
12  a. Original card................................ $20
13  b. Renewal card................................. 20
14  c. Corrected card............................... 10
15  d. Duplicate card............................... 20
16  e. Certified copy with seal .................... 5
17  f. (Blank)
18  g. Applicant 65 years of age or over ........... No Fee
19  h. (Blank)
20  i. Individual living in Veterans
21  Home or Hospital ........................... No Fee
22  j. Original card under 18 years of age.......... $5
23  k. Renewal card under 18 years of age........... $5

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
15 ILCS 335/12 from Ch. 124, par. 3220 ILCS 505/5305 ILCS 5/5-2 from Ch. 23, par. 5-2705 ILCS 405/2-23 from Ch. 37, par. 802-23705 ILCS 405/2-31 from Ch. 37, par. 802-31705 ILCS 405/2-33705 ILCS 405/2-34 15 ILCS 335/12 from Ch. 124, par. 32 20 ILCS 505/5  305 ILCS 5/5-2 from Ch. 23, par. 5-2 705 ILCS 405/2-23 from Ch. 37, par. 802-23 705 ILCS 405/2-31 from Ch. 37, par. 802-31 705 ILCS 405/2-33  705 ILCS 405/2-34
15 ILCS 335/12 from Ch. 124, par. 32
20 ILCS 505/5
305 ILCS 5/5-2 from Ch. 23, par. 5-2
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-31 from Ch. 37, par. 802-31
705 ILCS 405/2-33
705 ILCS 405/2-34
Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
LRB103 37208 KTG 67327 b     LRB103 37208 KTG 67327 b
    LRB103 37208 KTG 67327 b
A BILL FOR

 

 

15 ILCS 335/12 from Ch. 124, par. 32
20 ILCS 505/5
305 ILCS 5/5-2 from Ch. 23, par. 5-2
705 ILCS 405/2-23 from Ch. 37, par. 802-23
705 ILCS 405/2-31 from Ch. 37, par. 802-31
705 ILCS 405/2-33
705 ILCS 405/2-34



    LRB103 37208 KTG 67327 b

 

 



 

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12  a. Original card................................ $20
13  b. Renewal card................................. 20
14  c. Corrected card............................... 10
15  d. Duplicate card............................... 20
16  e. Certified copy with seal .................... 5
17  f. (Blank)
18  g. Applicant 65 years of age or over ........... No Fee
19  h. (Blank)
20  i. Individual living in Veterans
21  Home or Hospital ........................... No Fee
22  j. Original card under 18 years of age.......... $5
23  k. Renewal card under 18 years of age........... $5


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1 l. Corrected card under 18 years of age.........$52 m. Duplicate card under 18 years of age.........$53 n. Homeless person..............................No Fee 4 o. Duplicate card issued to an active-duty5  member of the United States Armed Forces,6  the member's spouse, or dependent7  children living with the member.............No Fee8 p. Duplicate temporary card.....................$59 q. First card issued to a youth 10  for whom the Department of Children 11  and Family Services is legally responsible 12  or a foster child upon turning the age of 13  16 years old until he or she reaches 14  the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed16  person upon release on parole,17  mandatory supervised release,18  aftercare release, final19  discharge, or pardon from the20  Department of Corrections or21  Department of Juvenile Justice..............No Fee22 s. Limited-term Illinois Identification23  Card issued to a committed person24  upon release on parole, mandatory25  supervised release, aftercare26  release, final discharge, or pardon 1  l. Corrected card under 18 years of age......... $5 2  m. Duplicate card under 18 years of age......... $5 3  n. Homeless person.............................. No Fee 4  o. Duplicate card issued to an active-duty  5  member of the United States Armed Forces,  6  the member's spouse, or dependent  7  children living with the member............. No Fee 8  p. Duplicate temporary card..................... $5 9  q. First card issued to a youth  10  for whom the Department of Children  11  and Family Services is legally responsible  12  or a foster child upon turning the age of  13  16 years old until he or she reaches  14  the age of 23 21 years old................... No Fee 15  r. Original card issued to a committed  16  person upon release on parole,  17  mandatory supervised release,  18  aftercare release, final  19  discharge, or pardon from the  20  Department of Corrections or  21  Department of Juvenile Justice.............. No Fee 22  s. Limited-term Illinois Identification  23  Card issued to a committed person  24  upon release on parole, mandatory  25  supervised release, aftercare  26  release, final discharge, or pardon
1  l. Corrected card under 18 years of age......... $5
2  m. Duplicate card under 18 years of age......... $5
3  n. Homeless person.............................. No Fee
4  o. Duplicate card issued to an active-duty
5  member of the United States Armed Forces,
6  the member's spouse, or dependent
7  children living with the member............. No Fee
8  p. Duplicate temporary card..................... $5
9  q. First card issued to a youth
10  for whom the Department of Children
11  and Family Services is legally responsible
12  or a foster child upon turning the age of
13  16 years old until he or she reaches
14  the age of 23 21 years old................... No Fee
15  r. Original card issued to a committed
16  person upon release on parole,
17  mandatory supervised release,
18  aftercare release, final
19  discharge, or pardon from the
20  Department of Corrections or
21  Department of Juvenile Justice.............. No Fee
22  s. Limited-term Illinois Identification
23  Card issued to a committed person
24  upon release on parole, mandatory
25  supervised release, aftercare
26  release, final discharge, or pardon

 

 

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1  l. Corrected card under 18 years of age......... $5
2  m. Duplicate card under 18 years of age......... $5
3  n. Homeless person.............................. No Fee
4  o. Duplicate card issued to an active-duty
5  member of the United States Armed Forces,
6  the member's spouse, or dependent
7  children living with the member............. No Fee
8  p. Duplicate temporary card..................... $5
9  q. First card issued to a youth
10  for whom the Department of Children
11  and Family Services is legally responsible
12  or a foster child upon turning the age of
13  16 years old until he or she reaches
14  the age of 23 21 years old................... No Fee
15  r. Original card issued to a committed
16  person upon release on parole,
17  mandatory supervised release,
18  aftercare release, final
19  discharge, or pardon from the
20  Department of Corrections or
21  Department of Juvenile Justice.............. No Fee
22  s. Limited-term Illinois Identification
23  Card issued to a committed person
24  upon release on parole, mandatory
25  supervised release, aftercare
26  release, final discharge, or pardon


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1  from the Department of2  Corrections or Department of3  Juvenile Justice............................No Fee4 t. Original card issued to a 5  person up to 14 days prior 6  to or upon conditional release 7  or absolute discharge from 8  the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10  Card issued to a person up to 11  14 days prior to or upon 12  conditional release or absolute discharge 13  from the Department of Human Services....... No Fee 1  from the Department of  2  Corrections or Department of  3  Juvenile Justice............................ No Fee 4  t. Original card issued to a  5  person up to 14 days prior  6  to or upon conditional release  7  or absolute discharge from  8  the Department of Human Services............ No Fee 9  u. Limited-term Illinois Identification  10  Card issued to a person up to  11  14 days prior to or upon  12  conditional release or absolute discharge  13  from the Department of Human Services....... No Fee
1  from the Department of
2  Corrections or Department of
3  Juvenile Justice............................ No Fee
4  t. Original card issued to a
5  person up to 14 days prior
6  to or upon conditional release
7  or absolute discharge from
8  the Department of Human Services............ No Fee
9  u. Limited-term Illinois Identification
10  Card issued to a person up to
11  14 days prior to or upon
12  conditional release or absolute discharge
13  from the Department of Human Services....... No Fee
14  All fees collected under this Act shall be paid into the
15  Road Fund of the State treasury, except that the following
16  amounts shall be paid into the General Revenue Fund: (i) 80% of
17  the fee for an original, renewal, or duplicate Illinois
18  Identification Card issued on or after January 1, 2005; and
19  (ii) 80% of the fee for a corrected Illinois Identification
20  Card issued on or after January 1, 2005.
21  An individual, who resides in a veterans home or veterans
22  hospital operated by the State or federal government, who
23  makes an application for an Illinois Identification Card to be
24  issued at no fee, must submit, along with the application, an
25  affirmation by the applicant on a form provided by the
26  Secretary of State, that such person resides in a veterans

 

 

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1  from the Department of
2  Corrections or Department of
3  Juvenile Justice............................ No Fee
4  t. Original card issued to a
5  person up to 14 days prior
6  to or upon conditional release
7  or absolute discharge from
8  the Department of Human Services............ No Fee
9  u. Limited-term Illinois Identification
10  Card issued to a person up to
11  14 days prior to or upon
12  conditional release or absolute discharge
13  from the Department of Human Services....... No Fee


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1  home or veterans hospital operated by the State or federal
2  government.
3  The application of a homeless individual for an Illinois
4  Identification Card to be issued at no fee must be accompanied
5  by an affirmation by a qualified person, as defined in Section
6  4C of this Act, on a form provided by the Secretary of State,
7  that the applicant is currently homeless as defined in Section
8  1A of this Act.
9  For the application for the first Illinois Identification
10  Card of a youth for whom the Department of Children and Family
11  Services is legally responsible or a foster child to be issued
12  at no fee, the youth must submit, along with the application,
13  an affirmation by his or her court appointed attorney or an
14  employee of the Department of Children and Family Services on
15  a form provided by the Secretary of State, that the person is a
16  youth for whom the Department of Children and Family Services
17  is legally responsible or a foster child.
18  The fee for any duplicate identification card shall be
19  waived for any person who presents the Secretary of State's
20  Office with a police report showing that his or her
21  identification card was stolen.
22  The fee for any duplicate identification card shall be
23  waived for any person age 60 or older whose identification
24  card has been lost or stolen.
25  As used in this Section, "active-duty member of the United
26  States Armed Forces" means a member of the Armed Services or

 

 

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1  Reserve Forces of the United States or a member of the Illinois
2  National Guard who is called to active duty pursuant to an
3  executive order of the President of the United States, an act
4  of the Congress of the United States, or an order of the
5  Governor.
6  (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
7  100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
8  1-1-20.)
9  Section 5. The Children and Family Services Act is amended
10  by changing Section 5 as follows:
11  (20 ILCS 505/5)
12  Sec. 5. Direct child welfare services; Department of
13  Children and Family Services.  To provide direct child welfare
14  services when not available through other public or private
15  child care or program facilities.
16  (a) For purposes of this Section:
17  (1) "Children" means persons found within the State
18  who are under the age of 18 years. The term also includes
19  persons under age 23 21 who:
20  (A) were committed to the Department pursuant to
21  the Juvenile Court Act or the Juvenile Court Act of
22  1987 and who continue under the jurisdiction of the
23  court; or
24  (B) were accepted for care, service and training

 

 

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1  by the Department prior to the age of 18 and whose best
2  interest in the discretion of the Department would be
3  served by continuing that care, service and training
4  because of severe emotional disturbances, physical
5  disability, social adjustment or any combination
6  thereof, or because of the need to complete an
7  educational or vocational training program.
8  (2) "Homeless youth" means persons found within the
9  State who are under the age of 19, are not in a safe and
10  stable living situation and cannot be reunited with their
11  families.
12  (3) "Child welfare services" means public social
13  services which are directed toward the accomplishment of
14  the following purposes:
15  (A) protecting and promoting the health, safety
16  and welfare of children, including homeless,
17  dependent, or neglected children;
18  (B) remedying, or assisting in the solution of
19  problems which may result in, the neglect, abuse,
20  exploitation, or delinquency of children;
21  (C) preventing the unnecessary separation of
22  children from their families by identifying family
23  problems, assisting families in resolving their
24  problems, and preventing the breakup of the family
25  where the prevention of child removal is desirable and
26  possible when the child can be cared for at home

 

 

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1  without endangering the child's health and safety;
2  (D) restoring to their families children who have
3  been removed, by the provision of services to the
4  child and the families when the child can be cared for
5  at home without endangering the child's health and
6  safety;
7  (E) placing children in suitable permanent family
8  arrangements, through guardianship or adoption, in
9  cases where restoration to the birth family is not
10  safe, possible, or appropriate;
11  (F) at the time of placement, conducting
12  concurrent planning, as described in subsection (l-1)
13  of this Section, so that permanency may occur at the
14  earliest opportunity. Consideration should be given so
15  that if reunification fails or is delayed, the
16  placement made is the best available placement to
17  provide permanency for the child;
18  (G) (blank);
19  (H) (blank); and
20  (I) placing and maintaining children in facilities
21  that provide separate living quarters for children
22  under the age of 18 and for children 18 years of age
23  and older, unless a child 18 years of age is in the
24  last year of high school education or vocational
25  training, in an approved individual or group treatment
26  program, in a licensed shelter facility, or secure

 

 

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1  child care facility. The Department is not required to
2  place or maintain children:
3  (i) who are in a foster home, or
4  (ii) who are persons with a developmental
5  disability, as defined in the Mental Health and
6  Developmental Disabilities Code, or
7  (iii) who are female children who are
8  pregnant, pregnant and parenting, or parenting, or
9  (iv) who are siblings, in facilities that
10  provide separate living quarters for children 18
11  years of age and older and for children under 18
12  years of age.
13  (b) (Blank).
14  (b-5) The Department shall adopt rules to establish a
15  process for all licensed residential providers in Illinois to
16  submit data as required by the Department, if they contract or
17  receive reimbursement for children's mental health, substance
18  use, and developmental disability services from the Department
19  of Human Services, the Department of Juvenile Justice, or the
20  Department of Healthcare and Family Services. The requested
21  data must include, but is not limited to, capacity, staffing,
22  and occupancy data for the purpose of establishing State need
23  and placement availability.
24  All information collected, shared, or stored pursuant to
25  this subsection shall be handled in accordance with all State
26  and federal privacy laws and accompanying regulations and

 

 

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1  rules, including without limitation the federal Health
2  Insurance Portability and Accountability Act of 1996 (Public
3  Law 104-191) and the Mental Health and Developmental
4  Disabilities Confidentiality Act.
5  (c) The Department shall establish and maintain
6  tax-supported child welfare services and extend and seek to
7  improve voluntary services throughout the State, to the end
8  that services and care shall be available on an equal basis
9  throughout the State to children requiring such services.
10  (d) The Director may authorize advance disbursements for
11  any new program initiative to any agency contracting with the
12  Department. As a prerequisite for an advance disbursement, the
13  contractor must post a surety bond in the amount of the advance
14  disbursement and have a purchase of service contract approved
15  by the Department. The Department may pay up to 2 months
16  operational expenses in advance. The amount of the advance
17  disbursement shall be prorated over the life of the contract
18  or the remaining months of the fiscal year, whichever is less,
19  and the installment amount shall then be deducted from future
20  bills. Advance disbursement authorizations for new initiatives
21  shall not be made to any agency after that agency has operated
22  during 2 consecutive fiscal years. The requirements of this
23  Section concerning advance disbursements shall not apply with
24  respect to the following: payments to local public agencies
25  for child day care services as authorized by Section 5a of this
26  Act; and youth service programs receiving grant funds under

 

 

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1  Section 17a-4.
2  (e) (Blank).
3  (f) (Blank).
4  (g) The Department shall establish rules and regulations
5  concerning its operation of programs designed to meet the
6  goals of child safety and protection, family preservation,
7  family reunification, and adoption, including, but not limited
8  to:
9  (1) adoption;
10  (2) foster care;
11  (3) family counseling;
12  (4) protective services;
13  (5) (blank);
14  (6) homemaker service;
15  (7) return of runaway children;
16  (8) (blank);
17  (9) placement under Section 5-7 of the Juvenile Court
18  Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
19  Court Act of 1987 in accordance with the federal Adoption
20  Assistance and Child Welfare Act of 1980; and
21  (10) interstate services.
22  Rules and regulations established by the Department shall
23  include provisions for training Department staff and the staff
24  of Department grantees, through contracts with other agencies
25  or resources, in screening techniques to identify substance
26  use disorders, as defined in the Substance Use Disorder Act,

 

 

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1  approved by the Department of Human Services, as a successor
2  to the Department of Alcoholism and Substance Abuse, for the
3  purpose of identifying children and adults who should be
4  referred for an assessment at an organization appropriately
5  licensed by the Department of Human Services for substance use
6  disorder treatment.
7  (h) If the Department finds that there is no appropriate
8  program or facility within or available to the Department for
9  a youth in care and that no licensed private facility has an
10  adequate and appropriate program or none agrees to accept the
11  youth in care, the Department shall create an appropriate
12  individualized, program-oriented plan for such youth in care.
13  The plan may be developed within the Department or through
14  purchase of services by the Department to the extent that it is
15  within its statutory authority to do.
16  (i) Service programs shall be available throughout the
17  State and shall include but not be limited to the following
18  services:
19  (1) case management;
20  (2) homemakers;
21  (3) counseling;
22  (4) parent education;
23  (5) day care; and
24  (6) emergency assistance and advocacy.
25  In addition, the following services may be made available
26  to assess and meet the needs of children and families:

 

 

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1  (1) comprehensive family-based services;
2  (2) assessments;
3  (3) respite care; and
4  (4) in-home health services.
5  The Department shall provide transportation for any of the
6  services it makes available to children or families or for
7  which it refers children or families.
8  (j) The Department may provide categories of financial
9  assistance and education assistance grants, and shall
10  establish rules and regulations concerning the assistance and
11  grants, to persons who adopt children with physical or mental
12  disabilities, children who are older, or other hard-to-place
13  children who (i) immediately prior to their adoption were
14  youth in care or (ii) were determined eligible for financial
15  assistance with respect to a prior adoption and who become
16  available for adoption because the prior adoption has been
17  dissolved and the parental rights of the adoptive parents have
18  been terminated or because the child's adoptive parents have
19  died. The Department may continue to provide financial
20  assistance and education assistance grants for a child who was
21  determined eligible for financial assistance under this
22  subsection (j) in the interim period beginning when the
23  child's adoptive parents died and ending with the finalization
24  of the new adoption of the child by another adoptive parent or
25  parents. The Department may also provide categories of
26  financial assistance and education assistance grants, and

 

 

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1  shall establish rules and regulations for the assistance and
2  grants, to persons appointed guardian of the person under
3  Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4  4-25, or 5-740 of the Juvenile Court Act of 1987 for children
5  who were youth in care for 12 months immediately prior to the
6  appointment of the guardian.
7  The amount of assistance may vary, depending upon the
8  needs of the child and the adoptive parents, as set forth in
9  the annual assistance agreement. Special purpose grants are
10  allowed where the child requires special service but such
11  costs may not exceed the amounts which similar services would
12  cost the Department if it were to provide or secure them as
13  guardian of the child.
14  Any financial assistance provided under this subsection is
15  inalienable by assignment, sale, execution, attachment,
16  garnishment, or any other remedy for recovery or collection of
17  a judgment or debt.
18  (j-5) The Department shall not deny or delay the placement
19  of a child for adoption if an approved family is available
20  either outside of the Department region handling the case, or
21  outside of the State of Illinois.
22  (k) The Department shall accept for care and training any
23  child who has been adjudicated neglected or abused, or
24  dependent committed to it pursuant to the Juvenile Court Act
25  or the Juvenile Court Act of 1987.
26  (l) The Department shall offer family preservation

 

 

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1  services, as defined in Section 8.2 of the Abused and
2  Neglected Child Reporting Act, to help families, including
3  adoptive and extended families. Family preservation services
4  shall be offered (i) to prevent the placement of children in
5  substitute care when the children can be cared for at home or
6  in the custody of the person responsible for the children's
7  welfare, (ii) to reunite children with their families, or
8  (iii) to maintain an adoptive placement. Family preservation
9  services shall only be offered when doing so will not endanger
10  the children's health or safety. With respect to children who
11  are in substitute care pursuant to the Juvenile Court Act of
12  1987, family preservation services shall not be offered if a
13  goal other than those of subdivisions (A), (B), or (B-1) of
14  subsection (2) of Section 2-28 of that Act has been set, except
15  that reunification services may be offered as provided in
16  paragraph (F) of subsection (2) of Section 2-28 of that Act.
17  Nothing in this paragraph shall be construed to create a
18  private right of action or claim on the part of any individual
19  or child welfare agency, except that when a child is the
20  subject of an action under Article II of the Juvenile Court Act
21  of 1987 and the child's service plan calls for services to
22  facilitate achievement of the permanency goal, the court
23  hearing the action under Article II of the Juvenile Court Act
24  of 1987 may order the Department to provide the services set
25  out in the plan, if those services are not provided with
26  reasonable promptness and if those services are available.

 

 

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1  The Department shall notify the child and the child's
2  family of the Department's responsibility to offer and provide
3  family preservation services as identified in the service
4  plan. The child and the child's family shall be eligible for
5  services as soon as the report is determined to be
6  "indicated". The Department may offer services to any child or
7  family with respect to whom a report of suspected child abuse
8  or neglect has been filed, prior to concluding its
9  investigation under Section 7.12 of the Abused and Neglected
10  Child Reporting Act. However, the child's or family's
11  willingness to accept services shall not be considered in the
12  investigation. The Department may also provide services to any
13  child or family who is the subject of any report of suspected
14  child abuse or neglect or may refer such child or family to
15  services available from other agencies in the community, even
16  if the report is determined to be unfounded, if the conditions
17  in the child's or family's home are reasonably likely to
18  subject the child or family to future reports of suspected
19  child abuse or neglect. Acceptance of such services shall be
20  voluntary. The Department may also provide services to any
21  child or family after completion of a family assessment, as an
22  alternative to an investigation, as provided under the
23  "differential response program" provided for in subsection
24  (a-5) of Section 7.4 of the Abused and Neglected Child
25  Reporting Act.
26  The Department may, at its discretion except for those

 

 

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1  children also adjudicated neglected or dependent, accept for
2  care and training any child who has been adjudicated addicted,
3  as a truant minor in need of supervision or as a minor
4  requiring authoritative intervention, under the Juvenile Court
5  Act or the Juvenile Court Act of 1987, but no such child shall
6  be committed to the Department by any court without the
7  approval of the Department. On and after January 1, 2015 (the
8  effective date of Public Act 98-803) and before January 1,
9  2017, a minor charged with a criminal offense under the
10  Criminal Code of 1961 or the Criminal Code of 2012 or
11  adjudicated delinquent shall not be placed in the custody of
12  or committed to the Department by any court, except (i) a minor
13  less than 16 years of age committed to the Department under
14  Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
15  for whom an independent basis of abuse, neglect, or dependency
16  exists, which must be defined by departmental rule, or (iii) a
17  minor for whom the court has granted a supplemental petition
18  to reinstate wardship pursuant to subsection (2) of Section
19  2-33 of the Juvenile Court Act of 1987. On and after January 1,
20  2017, a minor charged with a criminal offense under the
21  Criminal Code of 1961 or the Criminal Code of 2012 or
22  adjudicated delinquent shall not be placed in the custody of
23  or committed to the Department by any court, except (i) a minor
24  less than 15 years of age committed to the Department under
25  Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26  for whom an independent basis of abuse, neglect, or dependency

 

 

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1  exists, which must be defined by departmental rule, or (iii) a
2  minor for whom the court has granted a supplemental petition
3  to reinstate wardship pursuant to subsection (2) of Section
4  2-33 of the Juvenile Court Act of 1987. An independent basis
5  exists when the allegations or adjudication of abuse, neglect,
6  or dependency do not arise from the same facts, incident, or
7  circumstances which give rise to a charge or adjudication of
8  delinquency. The Department shall assign a caseworker to
9  attend any hearing involving a youth in the care and custody of
10  the Department who is placed on aftercare release, including
11  hearings involving sanctions for violation of aftercare
12  release conditions and aftercare release revocation hearings.
13  As soon as is possible after August 7, 2009 (the effective
14  date of Public Act 96-134), the Department shall develop and
15  implement a special program of family preservation services to
16  support intact, foster, and adoptive families who are
17  experiencing extreme hardships due to the difficulty and
18  stress of caring for a child who has been diagnosed with a
19  pervasive developmental disorder if the Department determines
20  that those services are necessary to ensure the health and
21  safety of the child. The Department may offer services to any
22  family whether or not a report has been filed under the Abused
23  and Neglected Child Reporting Act. The Department may refer
24  the child or family to services available from other agencies
25  in the community if the conditions in the child's or family's
26  home are reasonably likely to subject the child or family to

 

 

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1  future reports of suspected child abuse or neglect. Acceptance
2  of these services shall be voluntary. The Department shall
3  develop and implement a public information campaign to alert
4  health and social service providers and the general public
5  about these special family preservation services. The nature
6  and scope of the services offered and the number of families
7  served under the special program implemented under this
8  paragraph shall be determined by the level of funding that the
9  Department annually allocates for this purpose. The term
10  "pervasive developmental disorder" under this paragraph means
11  a neurological condition, including, but not limited to,
12  Asperger's Syndrome and autism, as defined in the most recent
13  edition of the Diagnostic and Statistical Manual of Mental
14  Disorders of the American Psychiatric Association.
15  (l-1) The General Assembly recognizes that the best
16  interests of the child require that the child be placed in the
17  most permanent living arrangement as soon as is practically
18  possible. To achieve this goal, the General Assembly directs
19  the Department of Children and Family Services to conduct
20  concurrent planning so that permanency may occur at the
21  earliest opportunity. Permanent living arrangements may
22  include prevention of placement of a child outside the home of
23  the family when the child can be cared for at home without
24  endangering the child's health or safety; reunification with
25  the family, when safe and appropriate, if temporary placement
26  is necessary; or movement of the child toward the most

 

 

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1  permanent living arrangement and permanent legal status.
2  When determining reasonable efforts to be made with
3  respect to a child, as described in this subsection, and in
4  making such reasonable efforts, the child's health and safety
5  shall be the paramount concern.
6  When a child is placed in foster care, the Department
7  shall ensure and document that reasonable efforts were made to
8  prevent or eliminate the need to remove the child from the
9  child's home. The Department must make reasonable efforts to
10  reunify the family when temporary placement of the child
11  occurs unless otherwise required, pursuant to the Juvenile
12  Court Act of 1987. At any time after the dispositional hearing
13  where the Department believes that further reunification
14  services would be ineffective, it may request a finding from
15  the court that reasonable efforts are no longer appropriate.
16  The Department is not required to provide further
17  reunification services after such a finding.
18  A decision to place a child in substitute care shall be
19  made with considerations of the child's health, safety, and
20  best interests. At the time of placement, consideration should
21  also be given so that if reunification fails or is delayed, the
22  placement made is the best available placement to provide
23  permanency for the child.
24  The Department shall adopt rules addressing concurrent
25  planning for reunification and permanency. The Department
26  shall consider the following factors when determining

 

 

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1  appropriateness of concurrent planning:
2  (1) the likelihood of prompt reunification;
3  (2) the past history of the family;
4  (3) the barriers to reunification being addressed by
5  the family;
6  (4) the level of cooperation of the family;
7  (5) the foster parents' willingness to work with the
8  family to reunite;
9  (6) the willingness and ability of the foster family
10  to provide an adoptive home or long-term placement;
11  (7) the age of the child;
12  (8) placement of siblings.
13  (m) The Department may assume temporary custody of any
14  child if:
15  (1) it has received a written consent to such
16  temporary custody signed by the parents of the child or by
17  the parent having custody of the child if the parents are
18  not living together or by the guardian or custodian of the
19  child if the child is not in the custody of either parent,
20  or
21  (2) the child is found in the State and neither a
22  parent, guardian nor custodian of the child can be
23  located.
24  If the child is found in the child's residence without a
25  parent, guardian, custodian, or responsible caretaker, the
26  Department may, instead of removing the child and assuming

 

 

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1  temporary custody, place an authorized representative of the
2  Department in that residence until such time as a parent,
3  guardian, or custodian enters the home and expresses a
4  willingness and apparent ability to ensure the child's health
5  and safety and resume permanent charge of the child, or until a
6  relative enters the home and is willing and able to ensure the
7  child's health and safety and assume charge of the child until
8  a parent, guardian, or custodian enters the home and expresses
9  such willingness and ability to ensure the child's safety and
10  resume permanent charge. After a caretaker has remained in the
11  home for a period not to exceed 12 hours, the Department must
12  follow those procedures outlined in Section 2-9, 3-11, 4-8, or
13  5-415 of the Juvenile Court Act of 1987.
14  The Department shall have the authority, responsibilities
15  and duties that a legal custodian of the child would have
16  pursuant to subsection (9) of Section 1-3 of the Juvenile
17  Court Act of 1987. Whenever a child is taken into temporary
18  custody pursuant to an investigation under the Abused and
19  Neglected Child Reporting Act, or pursuant to a referral and
20  acceptance under the Juvenile Court Act of 1987 of a minor in
21  limited custody, the Department, during the period of
22  temporary custody and before the child is brought before a
23  judicial officer as required by Section 2-9, 3-11, 4-8, or
24  5-415 of the Juvenile Court Act of 1987, shall have the
25  authority, responsibilities and duties that a legal custodian
26  of the child would have under subsection (9) of Section 1-3 of

 

 

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1  the Juvenile Court Act of 1987.
2  The Department shall ensure that any child taken into
3  custody is scheduled for an appointment for a medical
4  examination.
5  A parent, guardian, or custodian of a child in the
6  temporary custody of the Department who would have custody of
7  the child if the child were not in the temporary custody of the
8  Department may deliver to the Department a signed request that
9  the Department surrender the temporary custody of the child.
10  The Department may retain temporary custody of the child for
11  10 days after the receipt of the request, during which period
12  the Department may cause to be filed a petition pursuant to the
13  Juvenile Court Act of 1987. If a petition is so filed, the
14  Department shall retain temporary custody of the child until
15  the court orders otherwise. If a petition is not filed within
16  the 10-day period, the child shall be surrendered to the
17  custody of the requesting parent, guardian, or custodian not
18  later than the expiration of the 10-day period, at which time
19  the authority and duties of the Department with respect to the
20  temporary custody of the child shall terminate.
21  (m-1) The Department may place children under 18 years of
22  age in a secure child care facility licensed by the Department
23  that cares for children who are in need of secure living
24  arrangements for their health, safety, and well-being after a
25  determination is made by the facility director and the
26  Director or the Director's designate prior to admission to the

 

 

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1  facility subject to Section 2-27.1 of the Juvenile Court Act
2  of 1987. This subsection (m-1) does not apply to a child who is
3  subject to placement in a correctional facility operated
4  pursuant to Section 3-15-2 of the Unified Code of Corrections,
5  unless the child is a youth in care who was placed in the care
6  of the Department before being subject to placement in a
7  correctional facility and a court of competent jurisdiction
8  has ordered placement of the child in a secure care facility.
9  (n) The Department may place children under 18 years of
10  age in licensed child care facilities when in the opinion of
11  the Department, appropriate services aimed at family
12  preservation have been unsuccessful and cannot ensure the
13  child's health and safety or are unavailable and such
14  placement would be for their best interest. Payment for board,
15  clothing, care, training and supervision of any child placed
16  in a licensed child care facility may be made by the
17  Department, by the parents or guardians of the estates of
18  those children, or by both the Department and the parents or
19  guardians, except that no payments shall be made by the
20  Department for any child placed in a licensed child care
21  facility for board, clothing, care, training, and supervision
22  of such a child that exceed the average per capita cost of
23  maintaining and of caring for a child in institutions for
24  dependent or neglected children operated by the Department.
25  However, such restriction on payments does not apply in cases
26  where children require specialized care and treatment for

 

 

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1  problems of severe emotional disturbance, physical disability,
2  social adjustment, or any combination thereof and suitable
3  facilities for the placement of such children are not
4  available at payment rates within the limitations set forth in
5  this Section. All reimbursements for services delivered shall
6  be absolutely inalienable by assignment, sale, attachment, or
7  garnishment or otherwise.
8  (n-1) The Department shall provide or authorize child
9  welfare services, aimed at assisting minors to achieve
10  sustainable self-sufficiency as independent adults, for any
11  minor eligible for the reinstatement of wardship pursuant to
12  subsection (2) of Section 2-33 of the Juvenile Court Act of
13  1987, whether or not such reinstatement is sought or allowed,
14  provided that the minor consents to such services and has not
15  yet attained the age of 23 21. The Department shall have
16  responsibility for the development and delivery of services
17  under this Section. An eligible youth may access services
18  under this Section through the Department of Children and
19  Family Services or by referral from the Department of Human
20  Services. Youth participating in services under this Section
21  shall cooperate with the assigned case manager in developing
22  an agreement identifying the services to be provided and how
23  the youth will increase skills to achieve self-sufficiency. A
24  homeless shelter is not considered appropriate housing for any
25  youth receiving child welfare services under this Section. The
26  Department shall continue child welfare services under this

 

 

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1  Section to any eligible minor until the minor becomes 23 21
2  years of age, no longer consents to participate, or achieves
3  self-sufficiency as identified in the minor's service plan.
4  The Department of Children and Family Services shall create
5  clear, readable notice of the rights of former foster youth to
6  child welfare services under this Section and how such
7  services may be obtained. The Department of Children and
8  Family Services and the Department of Human Services shall
9  disseminate this information statewide. The Department shall
10  adopt regulations describing services intended to assist
11  minors in achieving sustainable self-sufficiency as
12  independent adults.
13  (o) The Department shall establish an administrative
14  review and appeal process for children and families who
15  request or receive child welfare services from the Department.
16  Youth in care who are placed by private child welfare
17  agencies, and foster families with whom those youth are
18  placed, shall be afforded the same procedural and appeal
19  rights as children and families in the case of placement by the
20  Department, including the right to an initial review of a
21  private agency decision by that agency. The Department shall
22  ensure that any private child welfare agency, which accepts
23  youth in care for placement, affords those rights to children
24  and foster families. The Department shall accept for
25  administrative review and an appeal hearing a complaint made
26  by (i) a child or foster family concerning a decision

 

 

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1  following an initial review by a private child welfare agency
2  or (ii) a prospective adoptive parent who alleges a violation
3  of subsection (j-5) of this Section. An appeal of a decision
4  concerning a change in the placement of a child shall be
5  conducted in an expedited manner. A court determination that a
6  current foster home placement is necessary and appropriate
7  under Section 2-28 of the Juvenile Court Act of 1987 does not
8  constitute a judicial determination on the merits of an
9  administrative appeal, filed by a former foster parent,
10  involving a change of placement decision.
11  (p) (Blank).
12  (q) The Department may receive and use, in their entirety,
13  for the benefit of children any gift, donation, or bequest of
14  money or other property which is received on behalf of such
15  children, or any financial benefits to which such children are
16  or may become entitled while under the jurisdiction or care of
17  the Department, except that the benefits described in Section
18  5.46 must be used and conserved consistent with the provisions
19  under Section 5.46.
20  The Department shall set up and administer no-cost,
21  interest-bearing accounts in appropriate financial
22  institutions for children for whom the Department is legally
23  responsible and who have been determined eligible for
24  Veterans' Benefits, Social Security benefits, assistance
25  allotments from the armed forces, court ordered payments,
26  parental voluntary payments, Supplemental Security Income,

 

 

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1  Railroad Retirement payments, Black Lung benefits, or other
2  miscellaneous payments. Interest earned by each account shall
3  be credited to the account, unless disbursed in accordance
4  with this subsection.
5  In disbursing funds from children's accounts, the
6  Department shall:
7  (1) Establish standards in accordance with State and
8  federal laws for disbursing money from children's
9  accounts. In all circumstances, the Department's
10  Guardianship Administrator or the Guardianship
11  Administrator's designee must approve disbursements from
12  children's accounts. The Department shall be responsible
13  for keeping complete records of all disbursements for each
14  account for any purpose.
15  (2) Calculate on a monthly basis the amounts paid from
16  State funds for the child's board and care, medical care
17  not covered under Medicaid, and social services; and
18  utilize funds from the child's account, as covered by
19  regulation, to reimburse those costs. Monthly,
20  disbursements from all children's accounts, up to 1/12 of
21  $13,000,000, shall be deposited by the Department into the
22  General Revenue Fund and the balance over 1/12 of
23  $13,000,000 into the DCFS Children's Services Fund.
24  (3) Maintain any balance remaining after reimbursing
25  for the child's costs of care, as specified in item (2).
26  The balance shall accumulate in accordance with relevant

 

 

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1  State and federal laws and shall be disbursed to the child
2  or the child's guardian, or to the issuing agency.
3  (r) The Department shall promulgate regulations
4  encouraging all adoption agencies to voluntarily forward to
5  the Department or its agent names and addresses of all persons
6  who have applied for and have been approved for adoption of a
7  hard-to-place child or child with a disability and the names
8  of such children who have not been placed for adoption. A list
9  of such names and addresses shall be maintained by the
10  Department or its agent, and coded lists which maintain the
11  confidentiality of the person seeking to adopt the child and
12  of the child shall be made available, without charge, to every
13  adoption agency in the State to assist the agencies in placing
14  such children for adoption. The Department may delegate to an
15  agent its duty to maintain and make available such lists. The
16  Department shall ensure that such agent maintains the
17  confidentiality of the person seeking to adopt the child and
18  of the child.
19  (s) The Department of Children and Family Services may
20  establish and implement a program to reimburse Department and
21  private child welfare agency foster parents licensed by the
22  Department of Children and Family Services for damages
23  sustained by the foster parents as a result of the malicious or
24  negligent acts of foster children, as well as providing third
25  party coverage for such foster parents with regard to actions
26  of foster children to other individuals. Such coverage will be

 

 

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1  secondary to the foster parent liability insurance policy, if
2  applicable. The program shall be funded through appropriations
3  from the General Revenue Fund, specifically designated for
4  such purposes.
5  (t) The Department shall perform home studies and
6  investigations and shall exercise supervision over visitation
7  as ordered by a court pursuant to the Illinois Marriage and
8  Dissolution of Marriage Act or the Adoption Act only if:
9  (1) an order entered by an Illinois court specifically
10  directs the Department to perform such services; and
11  (2) the court has ordered one or both of the parties to
12  the proceeding to reimburse the Department for its
13  reasonable costs for providing such services in accordance
14  with Department rules, or has determined that neither
15  party is financially able to pay.
16  The Department shall provide written notification to the
17  court of the specific arrangements for supervised visitation
18  and projected monthly costs within 60 days of the court order.
19  The Department shall send to the court information related to
20  the costs incurred except in cases where the court has
21  determined the parties are financially unable to pay. The
22  court may order additional periodic reports as appropriate.
23  (u) In addition to other information that must be
24  provided, whenever the Department places a child with a
25  prospective adoptive parent or parents, in a licensed foster
26  home, group home, or child care institution, or in a relative

 

 

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1  home, the Department shall provide to the prospective adoptive
2  parent or parents or other caretaker:
3  (1) available detailed information concerning the
4  child's educational and health history, copies of
5  immunization records (including insurance and medical card
6  information), a history of the child's previous
7  placements, if any, and reasons for placement changes
8  excluding any information that identifies or reveals the
9  location of any previous caretaker;
10  (2) a copy of the child's portion of the client
11  service plan, including any visitation arrangement, and
12  all amendments or revisions to it as related to the child;
13  and
14  (3) information containing details of the child's
15  individualized educational plan when the child is
16  receiving special education services.
17  The caretaker shall be informed of any known social or
18  behavioral information (including, but not limited to,
19  criminal background, fire setting, perpetuation of sexual
20  abuse, destructive behavior, and substance abuse) necessary to
21  care for and safeguard the children to be placed or currently
22  in the home. The Department may prepare a written summary of
23  the information required by this paragraph, which may be
24  provided to the foster or prospective adoptive parent in
25  advance of a placement. The foster or prospective adoptive
26  parent may review the supporting documents in the child's file

 

 

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1  in the presence of casework staff. In the case of an emergency
2  placement, casework staff shall at least provide known
3  information verbally, if necessary, and must subsequently
4  provide the information in writing as required by this
5  subsection.
6  The information described in this subsection shall be
7  provided in writing. In the case of emergency placements when
8  time does not allow prior review, preparation, and collection
9  of written information, the Department shall provide such
10  information as it becomes available. Within 10 business days
11  after placement, the Department shall obtain from the
12  prospective adoptive parent or parents or other caretaker a
13  signed verification of receipt of the information provided.
14  Within 10 business days after placement, the Department shall
15  provide to the child's guardian ad litem a copy of the
16  information provided to the prospective adoptive parent or
17  parents or other caretaker. The information provided to the
18  prospective adoptive parent or parents or other caretaker
19  shall be reviewed and approved regarding accuracy at the
20  supervisory level.
21  (u-5) Effective July 1, 1995, only foster care placements
22  licensed as foster family homes pursuant to the Child Care Act
23  of 1969 shall be eligible to receive foster care payments from
24  the Department. Relative caregivers who, as of July 1, 1995,
25  were approved pursuant to approved relative placement rules
26  previously promulgated by the Department at 89 Ill. Adm. Code

 

 

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1  335 and had submitted an application for licensure as a foster
2  family home may continue to receive foster care payments only
3  until the Department determines that they may be licensed as a
4  foster family home or that their application for licensure is
5  denied or until September 30, 1995, whichever occurs first.
6  (v) The Department shall access criminal history record
7  information as defined in the Illinois Uniform Conviction
8  Information Act and information maintained in the adjudicatory
9  and dispositional record system as defined in Section 2605-355
10  of the Illinois State Police Law if the Department determines
11  the information is necessary to perform its duties under the
12  Abused and Neglected Child Reporting Act, the Child Care Act
13  of 1969, and the Children and Family Services Act. The
14  Department shall provide for interactive computerized
15  communication and processing equipment that permits direct
16  on-line communication with the Illinois State Police's central
17  criminal history data repository. The Department shall comply
18  with all certification requirements and provide certified
19  operators who have been trained by personnel from the Illinois
20  State Police. In addition, one Office of the Inspector General
21  investigator shall have training in the use of the criminal
22  history information access system and have access to the
23  terminal. The Department of Children and Family Services and
24  its employees shall abide by rules and regulations established
25  by the Illinois State Police relating to the access and
26  dissemination of this information.

 

 

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1  (v-1) Prior to final approval for placement of a child,
2  the Department shall conduct a criminal records background
3  check of the prospective foster or adoptive parent, including
4  fingerprint-based checks of national crime information
5  databases. Final approval for placement shall not be granted
6  if the record check reveals a felony conviction for child
7  abuse or neglect, for spousal abuse, for a crime against
8  children, or for a crime involving violence, including rape,
9  sexual assault, or homicide, but not including other physical
10  assault or battery, or if there is a felony conviction for
11  physical assault, battery, or a drug-related offense committed
12  within the past 5 years.
13  (v-2) Prior to final approval for placement of a child,
14  the Department shall check its child abuse and neglect
15  registry for information concerning prospective foster and
16  adoptive parents, and any adult living in the home. If any
17  prospective foster or adoptive parent or other adult living in
18  the home has resided in another state in the preceding 5 years,
19  the Department shall request a check of that other state's
20  child abuse and neglect registry.
21  (w) Within 120 days of August 20, 1995 (the effective date
22  of Public Act 89-392), the Department shall prepare and submit
23  to the Governor and the General Assembly, a written plan for
24  the development of in-state licensed secure child care
25  facilities that care for children who are in need of secure
26  living arrangements for their health, safety, and well-being.

 

 

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1  For purposes of this subsection, secure care facility shall
2  mean a facility that is designed and operated to ensure that
3  all entrances and exits from the facility, a building or a
4  distinct part of the building, are under the exclusive control
5  of the staff of the facility, whether or not the child has the
6  freedom of movement within the perimeter of the facility,
7  building, or distinct part of the building. The plan shall
8  include descriptions of the types of facilities that are
9  needed in Illinois; the cost of developing these secure care
10  facilities; the estimated number of placements; the potential
11  cost savings resulting from the movement of children currently
12  out-of-state who are projected to be returned to Illinois; the
13  necessary geographic distribution of these facilities in
14  Illinois; and a proposed timetable for development of such
15  facilities.
16  (x) The Department shall conduct annual credit history
17  checks to determine the financial history of children placed
18  under its guardianship pursuant to the Juvenile Court Act of
19  1987. The Department shall conduct such credit checks starting
20  when a youth in care turns 12 years old and each year
21  thereafter for the duration of the guardianship as terminated
22  pursuant to the Juvenile Court Act of 1987. The Department
23  shall determine if financial exploitation of the child's
24  personal information has occurred. If financial exploitation
25  appears to have taken place or is presently ongoing, the
26  Department shall notify the proper law enforcement agency, the

 

 

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1  proper State's Attorney, or the Attorney General.
2  (y) Beginning on July 22, 2010 (the effective date of
3  Public Act 96-1189), a child with a disability who receives
4  residential and educational services from the Department shall
5  be eligible to receive transition services in accordance with
6  Article 14 of the School Code from the age of 14.5 through age
7  21, inclusive, notwithstanding the child's residential
8  services arrangement. For purposes of this subsection, "child
9  with a disability" means a child with a disability as defined
10  by the federal Individuals with Disabilities Education
11  Improvement Act of 2004.
12  (z) The Department shall access criminal history record
13  information as defined as "background information" in this
14  subsection and criminal history record information as defined
15  in the Illinois Uniform Conviction Information Act for each
16  Department employee or Department applicant. Each Department
17  employee or Department applicant shall submit the employee's
18  or applicant's fingerprints to the Illinois State Police in
19  the form and manner prescribed by the Illinois State Police.
20  These fingerprints shall be checked against the fingerprint
21  records now and hereafter filed in the Illinois State Police
22  and the Federal Bureau of Investigation criminal history
23  records databases. The Illinois State Police shall charge a
24  fee for conducting the criminal history record check, which
25  shall be deposited into the State Police Services Fund and
26  shall not exceed the actual cost of the record check. The

 

 

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1  Illinois State Police shall furnish, pursuant to positive
2  identification, all Illinois conviction information to the
3  Department of Children and Family Services.
4  For purposes of this subsection:
5  "Background information" means all of the following:
6  (i) Upon the request of the Department of Children and
7  Family Services, conviction information obtained from the
8  Illinois State Police as a result of a fingerprint-based
9  criminal history records check of the Illinois criminal
10  history records database and the Federal Bureau of
11  Investigation criminal history records database concerning
12  a Department employee or Department applicant.
13  (ii) Information obtained by the Department of
14  Children and Family Services after performing a check of
15  the Illinois State Police's Sex Offender Database, as
16  authorized by Section 120 of the Sex Offender Community
17  Notification Law, concerning a Department employee or
18  Department applicant.
19  (iii) Information obtained by the Department of
20  Children and Family Services after performing a check of
21  the Child Abuse and Neglect Tracking System (CANTS)
22  operated and maintained by the Department.
23  "Department employee" means a full-time or temporary
24  employee coded or certified within the State of Illinois
25  Personnel System.
26  "Department applicant" means an individual who has

 

 

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1  conditional Department full-time or part-time work, a
2  contractor, an individual used to replace or supplement staff,
3  an academic intern, a volunteer in Department offices or on
4  Department contracts, a work-study student, an individual or
5  entity licensed by the Department, or an unlicensed service
6  provider who works as a condition of a contract or an agreement
7  and whose work may bring the unlicensed service provider into
8  contact with Department clients or client records.
9  (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
10  102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
11  1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
12  Section 10. The Illinois Public Aid Code is amended by
13  changing Section 5-2 as follows:
14  (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
15  Sec. 5-2. Classes of persons eligible. Medical assistance
16  under this Article shall be available to any of the following
17  classes of persons in respect to whom a plan for coverage has
18  been submitted to the Governor by the Illinois Department and
19  approved by him. If changes made in this Section 5-2 require
20  federal approval, they shall not take effect until such
21  approval has been received:
22  1. Recipients of basic maintenance grants under
23  Articles III and IV.
24  2. Beginning January 1, 2014, persons otherwise

 

 

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1  eligible for basic maintenance under Article III,
2  excluding any eligibility requirements that are
3  inconsistent with any federal law or federal regulation,
4  as interpreted by the U.S. Department of Health and Human
5  Services, but who fail to qualify thereunder on the basis
6  of need, and who have insufficient income and resources to
7  meet the costs of necessary medical care, including, but
8  not limited to, the following:
9  (a) All persons otherwise eligible for basic
10  maintenance under Article III but who fail to qualify
11  under that Article on the basis of need and who meet
12  either of the following requirements:
13  (i) their income, as determined by the
14  Illinois Department in accordance with any federal
15  requirements, is equal to or less than 100% of the
16  federal poverty level; or
17  (ii) their income, after the deduction of
18  costs incurred for medical care and for other
19  types of remedial care, is equal to or less than
20  100% of the federal poverty level.
21  (b) (Blank).
22  3. (Blank).
23  4. Persons not eligible under any of the preceding
24  paragraphs who fall sick, are injured, or die, not having
25  sufficient money, property or other resources to meet the
26  costs of necessary medical care or funeral and burial

 

 

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1  expenses.
2  5.(a) Beginning January 1, 2020, individuals during
3  pregnancy and during the 12-month period beginning on the
4  last day of the pregnancy, together with their infants,
5  whose income is at or below 200% of the federal poverty
6  level. Until September 30, 2019, or sooner if the
7  maintenance of effort requirements under the Patient
8  Protection and Affordable Care Act are eliminated or may
9  be waived before then, individuals during pregnancy and
10  during the 12-month period beginning on the last day of
11  the pregnancy, whose countable monthly income, after the
12  deduction of costs incurred for medical care and for other
13  types of remedial care as specified in administrative
14  rule, is equal to or less than the Medical Assistance-No
15  Grant(C) (MANG(C)) Income Standard in effect on April 1,
16  2013 as set forth in administrative rule.
17  (b) The plan for coverage shall provide ambulatory
18  prenatal care to pregnant individuals during a presumptive
19  eligibility period and establish an income eligibility
20  standard that is equal to 200% of the federal poverty
21  level, provided that costs incurred for medical care are
22  not taken into account in determining such income
23  eligibility.
24  (c) The Illinois Department may conduct a
25  demonstration in at least one county that will provide
26  medical assistance to pregnant individuals together with

 

 

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1  their infants and children up to one year of age, where the
2  income eligibility standard is set up to 185% of the
3  nonfarm income official poverty line, as defined by the
4  federal Office of Management and Budget. The Illinois
5  Department shall seek and obtain necessary authorization
6  provided under federal law to implement such a
7  demonstration. Such demonstration may establish resource
8  standards that are not more restrictive than those
9  established under Article IV of this Code.
10  6. (a) Subject to federal approval, children younger
11  than age 19 when countable income is at or below 313% of
12  the federal poverty level, as determined by the Department
13  and in accordance with all applicable federal
14  requirements. The Department is authorized to adopt
15  emergency rules to implement the changes made to this
16  paragraph by Public Act 102-43. Until September 30, 2019,
17  or sooner if the maintenance of effort requirements under
18  the Patient Protection and Affordable Care Act are
19  eliminated or may be waived before then, children younger
20  than age 19 whose countable monthly income, after the
21  deduction of costs incurred for medical care and for other
22  types of remedial care as specified in administrative
23  rule, is equal to or less than the Medical Assistance-No
24  Grant(C) (MANG(C)) Income Standard in effect on April 1,
25  2013 as set forth in administrative rule.
26  (b) Children and youth who are under temporary custody

 

 

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1  or guardianship of the Department of Children and Family
2  Services or who receive financial assistance in support of
3  an adoption or guardianship placement from the Department
4  of Children and Family Services.
5  7. (Blank).
6  8. As required under federal law, persons who are
7  eligible for Transitional Medical Assistance as a result
8  of an increase in earnings or child or spousal support
9  received. The plan for coverage for this class of persons
10  shall:
11  (a) extend the medical assistance coverage to the
12  extent required by federal law; and
13  (b) offer persons who have initially received 6
14  months of the coverage provided in paragraph (a)
15  above, the option of receiving an additional 6 months
16  of coverage, subject to the following:
17  (i) such coverage shall be pursuant to
18  provisions of the federal Social Security Act;
19  (ii) such coverage shall include all services
20  covered under Illinois' State Medicaid Plan;
21  (iii) no premium shall be charged for such
22  coverage; and
23  (iv) such coverage shall be suspended in the
24  event of a person's failure without good cause to
25  file in a timely fashion reports required for this
26  coverage under the Social Security Act and

 

 

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1  coverage shall be reinstated upon the filing of
2  such reports if the person remains otherwise
3  eligible.
4  9. Persons with acquired immunodeficiency syndrome
5  (AIDS) or with AIDS-related conditions with respect to
6  whom there has been a determination that but for home or
7  community-based services such individuals would require
8  the level of care provided in an inpatient hospital,
9  skilled nursing facility or intermediate care facility the
10  cost of which is reimbursed under this Article. Assistance
11  shall be provided to such persons to the maximum extent
12  permitted under Title XIX of the Federal Social Security
13  Act.
14  10. Participants in the long-term care insurance
15  partnership program established under the Illinois
16  Long-Term Care Partnership Program Act who meet the
17  qualifications for protection of resources described in
18  Section 15 of that Act.
19  11. Persons with disabilities who are employed and
20  eligible for Medicaid, pursuant to Section
21  1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
22  subject to federal approval, persons with a medically
23  improved disability who are employed and eligible for
24  Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
25  the Social Security Act, as provided by the Illinois
26  Department by rule. In establishing eligibility standards

 

 

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1  under this paragraph 11, the Department shall, subject to
2  federal approval:
3  (a) set the income eligibility standard at not
4  lower than 350% of the federal poverty level;
5  (b) exempt retirement accounts that the person
6  cannot access without penalty before the age of 59
7  1/2, and medical savings accounts established pursuant
8  to 26 U.S.C. 220;
9  (c) allow non-exempt assets up to $25,000 as to
10  those assets accumulated during periods of eligibility
11  under this paragraph 11; and
12  (d) continue to apply subparagraphs (b) and (c) in
13  determining the eligibility of the person under this
14  Article even if the person loses eligibility under
15  this paragraph 11.
16  12. Subject to federal approval, persons who are
17  eligible for medical assistance coverage under applicable
18  provisions of the federal Social Security Act and the
19  federal Breast and Cervical Cancer Prevention and
20  Treatment Act of 2000. Those eligible persons are defined
21  to include, but not be limited to, the following persons:
22  (1) persons who have been screened for breast or
23  cervical cancer under the U.S. Centers for Disease
24  Control and Prevention Breast and Cervical Cancer
25  Program established under Title XV of the federal
26  Public Health Service Act in accordance with the

 

 

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1  requirements of Section 1504 of that Act as
2  administered by the Illinois Department of Public
3  Health; and
4  (2) persons whose screenings under the above
5  program were funded in whole or in part by funds
6  appropriated to the Illinois Department of Public
7  Health for breast or cervical cancer screening.
8  "Medical assistance" under this paragraph 12 shall be
9  identical to the benefits provided under the State's
10  approved plan under Title XIX of the Social Security Act.
11  The Department must request federal approval of the
12  coverage under this paragraph 12 within 30 days after July
13  3, 2001 (the effective date of Public Act 92-47).
14  In addition to the persons who are eligible for
15  medical assistance pursuant to subparagraphs (1) and (2)
16  of this paragraph 12, and to be paid from funds
17  appropriated to the Department for its medical programs,
18  any uninsured person as defined by the Department in rules
19  residing in Illinois who is younger than 65 years of age,
20  who has been screened for breast and cervical cancer in
21  accordance with standards and procedures adopted by the
22  Department of Public Health for screening, and who is
23  referred to the Department by the Department of Public
24  Health as being in need of treatment for breast or
25  cervical cancer is eligible for medical assistance
26  benefits that are consistent with the benefits provided to

 

 

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1  those persons described in subparagraphs (1) and (2).
2  Medical assistance coverage for the persons who are
3  eligible under the preceding sentence is not dependent on
4  federal approval, but federal moneys may be used to pay
5  for services provided under that coverage upon federal
6  approval.
7  13. Subject to appropriation and to federal approval,
8  persons living with HIV/AIDS who are not otherwise
9  eligible under this Article and who qualify for services
10  covered under Section 5-5.04 as provided by the Illinois
11  Department by rule.
12  14. Subject to the availability of funds for this
13  purpose, the Department may provide coverage under this
14  Article to persons who reside in Illinois who are not
15  eligible under any of the preceding paragraphs and who
16  meet the income guidelines of paragraph 2(a) of this
17  Section and (i) have an application for asylum pending
18  before the federal Department of Homeland Security or on
19  appeal before a court of competent jurisdiction and are
20  represented either by counsel or by an advocate accredited
21  by the federal Department of Homeland Security and
22  employed by a not-for-profit organization in regard to
23  that application or appeal, or (ii) are receiving services
24  through a federally funded torture treatment center.
25  Medical coverage under this paragraph 14 may be provided
26  for up to 24 continuous months from the initial

 

 

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1  eligibility date so long as an individual continues to
2  satisfy the criteria of this paragraph 14. If an
3  individual has an appeal pending regarding an application
4  for asylum before the Department of Homeland Security,
5  eligibility under this paragraph 14 may be extended until
6  a final decision is rendered on the appeal. The Department
7  may adopt rules governing the implementation of this
8  paragraph 14.
9  15. Family Care Eligibility.
10  (a) On and after July 1, 2012, a parent or other
11  caretaker relative who is 19 years of age or older when
12  countable income is at or below 133% of the federal
13  poverty level. A person may not spend down to become
14  eligible under this paragraph 15.
15  (b) Eligibility shall be reviewed annually.
16  (c) (Blank).
17  (d) (Blank).
18  (e) (Blank).
19  (f) (Blank).
20  (g) (Blank).
21  (h) (Blank).
22  (i) Following termination of an individual's
23  coverage under this paragraph 15, the individual must
24  be determined eligible before the person can be
25  re-enrolled.
26  16. Subject to appropriation, uninsured persons who

 

 

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1  are not otherwise eligible under this Section who have
2  been certified and referred by the Department of Public
3  Health as having been screened and found to need
4  diagnostic evaluation or treatment, or both diagnostic
5  evaluation and treatment, for prostate or testicular
6  cancer. For the purposes of this paragraph 16, uninsured
7  persons are those who do not have creditable coverage, as
8  defined under the Health Insurance Portability and
9  Accountability Act, or have otherwise exhausted any
10  insurance benefits they may have had, for prostate or
11  testicular cancer diagnostic evaluation or treatment, or
12  both diagnostic evaluation and treatment. To be eligible,
13  a person must furnish a Social Security number. A person's
14  assets are exempt from consideration in determining
15  eligibility under this paragraph 16. Such persons shall be
16  eligible for medical assistance under this paragraph 16
17  for so long as they need treatment for the cancer. A person
18  shall be considered to need treatment if, in the opinion
19  of the person's treating physician, the person requires
20  therapy directed toward cure or palliation of prostate or
21  testicular cancer, including recurrent metastatic cancer
22  that is a known or presumed complication of prostate or
23  testicular cancer and complications resulting from the
24  treatment modalities themselves. Persons who require only
25  routine monitoring services are not considered to need
26  treatment. "Medical assistance" under this paragraph 16

 

 

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1  shall be identical to the benefits provided under the
2  State's approved plan under Title XIX of the Social
3  Security Act. Notwithstanding any other provision of law,
4  the Department (i) does not have a claim against the
5  estate of a deceased recipient of services under this
6  paragraph 16 and (ii) does not have a lien against any
7  homestead property or other legal or equitable real
8  property interest owned by a recipient of services under
9  this paragraph 16.
10  17. Persons who, pursuant to a waiver approved by the
11  Secretary of the U.S. Department of Health and Human
12  Services, are eligible for medical assistance under Title
13  XIX or XXI of the federal Social Security Act.
14  Notwithstanding any other provision of this Code and
15  consistent with the terms of the approved waiver, the
16  Illinois Department, may by rule:
17  (a) Limit the geographic areas in which the waiver
18  program operates.
19  (b) Determine the scope, quantity, duration, and
20  quality, and the rate and method of reimbursement, of
21  the medical services to be provided, which may differ
22  from those for other classes of persons eligible for
23  assistance under this Article.
24  (c) Restrict the persons' freedom in choice of
25  providers.
26  18. Beginning January 1, 2014, persons aged 19 or

 

 

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1  older, but younger than 65, who are not otherwise eligible
2  for medical assistance under this Section 5-2, who qualify
3  for medical assistance pursuant to 42 U.S.C.
4  1396a(a)(10)(A)(i)(VIII) and applicable federal
5  regulations, and who have income at or below 133% of the
6  federal poverty level plus 5% for the applicable family
7  size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
8  applicable federal regulations. Persons eligible for
9  medical assistance under this paragraph 18 shall receive
10  coverage for the Health Benefits Service Package as that
11  term is defined in subsection (m) of Section 5-1.1 of this
12  Code. If Illinois' federal medical assistance percentage
13  (FMAP) is reduced below 90% for persons eligible for
14  medical assistance under this paragraph 18, eligibility
15  under this paragraph 18 shall cease no later than the end
16  of the third month following the month in which the
17  reduction in FMAP takes effect.
18  19. Beginning January 1, 2014, as required under 42
19  U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
20  and younger than age 26 who are not otherwise eligible for
21  medical assistance under paragraphs (1) through (17) of
22  this Section who (i) were in foster care under the
23  responsibility of the State on the date of attaining age
24  18 or on the date of attaining age 22 21 when a court has
25  continued wardship for good cause as provided in Section
26  2-31 of the Juvenile Court Act of 1987 and (ii) received

 

 

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1  medical assistance under the Illinois Title XIX State Plan
2  or waiver of such plan while in foster care.
3  20. Beginning January 1, 2018, persons who are
4  foreign-born victims of human trafficking, torture, or
5  other serious crimes as defined in Section 2-19 of this
6  Code and their derivative family members if such persons:
7  (i) reside in Illinois; (ii) are not eligible under any of
8  the preceding paragraphs; (iii) meet the income guidelines
9  of subparagraph (a) of paragraph 2; and (iv) meet the
10  nonfinancial eligibility requirements of Sections 16-2,
11  16-3, and 16-5 of this Code. The Department may extend
12  medical assistance for persons who are foreign-born
13  victims of human trafficking, torture, or other serious
14  crimes whose medical assistance would be terminated
15  pursuant to subsection (b) of Section 16-5 if the
16  Department determines that the person, during the year of
17  initial eligibility (1) experienced a health crisis, (2)
18  has been unable, after reasonable attempts, to obtain
19  necessary information from a third party, or (3) has other
20  extenuating circumstances that prevented the person from
21  completing his or her application for status. The
22  Department may adopt any rules necessary to implement the
23  provisions of this paragraph.
24  21. Persons who are not otherwise eligible for medical
25  assistance under this Section who may qualify for medical
26  assistance pursuant to 42 U.S.C.

 

 

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1  1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
2  duration of any federal or State declared emergency due to
3  COVID-19. Medical assistance to persons eligible for
4  medical assistance solely pursuant to this paragraph 21
5  shall be limited to any in vitro diagnostic product (and
6  the administration of such product) described in 42 U.S.C.
7  1396d(a)(3)(B) on or after March 18, 2020, any visit
8  described in 42 U.S.C. 1396o(a)(2)(G), or any other
9  medical assistance that may be federally authorized for
10  this class of persons. The Department may also cover
11  treatment of COVID-19 for this class of persons, or any
12  similar category of uninsured individuals, to the extent
13  authorized under a federally approved 1115 Waiver or other
14  federal authority. Notwithstanding the provisions of
15  Section 1-11 of this Code, due to the nature of the
16  COVID-19 public health emergency, the Department may cover
17  and provide the medical assistance described in this
18  paragraph 21 to noncitizens who would otherwise meet the
19  eligibility requirements for the class of persons
20  described in this paragraph 21 for the duration of the
21  State emergency period.
22  In implementing the provisions of Public Act 96-20, the
23  Department is authorized to adopt only those rules necessary,
24  including emergency rules. Nothing in Public Act 96-20 permits
25  the Department to adopt rules or issue a decision that expands
26  eligibility for the FamilyCare Program to a person whose

 

 

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1  income exceeds 185% of the Federal Poverty Level as determined
2  from time to time by the U.S. Department of Health and Human
3  Services, unless the Department is provided with express
4  statutory authority.
5  The eligibility of any such person for medical assistance
6  under this Article is not affected by the payment of any grant
7  under the Senior Citizens and Persons with Disabilities
8  Property Tax Relief Act or any distributions or items of
9  income described under subparagraph (X) of paragraph (2) of
10  subsection (a) of Section 203 of the Illinois Income Tax Act.
11  The Department shall by rule establish the amounts of
12  assets to be disregarded in determining eligibility for
13  medical assistance, which shall at a minimum equal the amounts
14  to be disregarded under the Federal Supplemental Security
15  Income Program. The amount of assets of a single person to be
16  disregarded shall not be less than $2,000, and the amount of
17  assets of a married couple to be disregarded shall not be less
18  than $3,000.
19  To the extent permitted under federal law, any person
20  found guilty of a second violation of Article VIIIA shall be
21  ineligible for medical assistance under this Article, as
22  provided in Section 8A-8.
23  The eligibility of any person for medical assistance under
24  this Article shall not be affected by the receipt by the person
25  of donations or benefits from fundraisers held for the person
26  in cases of serious illness, as long as neither the person nor

 

 

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1  members of the person's family have actual control over the
2  donations or benefits or the disbursement of the donations or
3  benefits.
4  Notwithstanding any other provision of this Code, if the
5  United States Supreme Court holds Title II, Subtitle A,
6  Section 2001(a) of Public Law 111-148 to be unconstitutional,
7  or if a holding of Public Law 111-148 makes Medicaid
8  eligibility allowed under Section 2001(a) inoperable, the
9  State or a unit of local government shall be prohibited from
10  enrolling individuals in the Medical Assistance Program as the
11  result of federal approval of a State Medicaid waiver on or
12  after June 14, 2012 (the effective date of Public Act 97-687),
13  and any individuals enrolled in the Medical Assistance Program
14  pursuant to eligibility permitted as a result of such a State
15  Medicaid waiver shall become immediately ineligible.
16  Notwithstanding any other provision of this Code, if an
17  Act of Congress that becomes a Public Law eliminates Section
18  2001(a) of Public Law 111-148, the State or a unit of local
19  government shall be prohibited from enrolling individuals in
20  the Medical Assistance Program as the result of federal
21  approval of a State Medicaid waiver on or after June 14, 2012
22  (the effective date of Public Act 97-687), and any individuals
23  enrolled in the Medical Assistance Program pursuant to
24  eligibility permitted as a result of such a State Medicaid
25  waiver shall become immediately ineligible.
26  Effective October 1, 2013, the determination of

 

 

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1  eligibility of persons who qualify under paragraphs 5, 6, 8,
2  15, 17, and 18 of this Section shall comply with the
3  requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
4  regulations.
5  The Department of Healthcare and Family Services, the
6  Department of Human Services, and the Illinois health
7  insurance marketplace shall work cooperatively to assist
8  persons who would otherwise lose health benefits as a result
9  of changes made under Public Act 98-104 to transition to other
10  health insurance coverage.
11  (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
12  102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
13  10-8-21; 102-813, eff. 5-13-22.)
14  Section 15. The Juvenile Court Act of 1987 is amended by
15  changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
16  (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
17  Sec. 2-23. Kinds of dispositional orders.
18  (1) The following kinds of orders of disposition may be
19  made in respect of wards of the court:
20  (a) A minor found to be neglected or abused under
21  Section 2-3 or dependent under Section 2-4 may be (1)
22  continued in the custody of the minor's parents, guardian
23  or legal custodian; (2) placed in accordance with Section
24  2-27; (3) restored to the custody of the parent, parents,

 

 

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1  guardian, or legal custodian, provided the court shall
2  order the parent, parents, guardian, or legal custodian to
3  cooperate with the Department of Children and Family
4  Services and comply with the terms of an after-care plan
5  or risk the loss of custody of the child and the possible
6  termination of their parental rights; or (4) ordered
7  partially or completely emancipated in accordance with the
8  provisions of the Emancipation of Minors Act.
9  If the minor is being restored to the custody of a
10  parent, legal custodian, or guardian who lives outside of
11  Illinois, and an Interstate Compact has been requested and
12  refused, the court may order the Department of Children
13  and Family Services to arrange for an assessment of the
14  minor's proposed living arrangement and for ongoing
15  monitoring of the health, safety, and best interest of the
16  minor and compliance with any order of protective
17  supervision entered in accordance with Section 2-24.
18  However, in any case in which a minor is found by the
19  court to be neglected or abused under Section 2-3 of this
20  Act, custody of the minor shall not be restored to any
21  parent, guardian or legal custodian whose acts or
22  omissions or both have been identified, pursuant to
23  subsection (1) of Section 2-21, as forming the basis for
24  the court's finding of abuse or neglect, until such time
25  as a hearing is held on the issue of the best interests of
26  the minor and the fitness of such parent, guardian or

 

 

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1  legal custodian to care for the minor without endangering
2  the minor's health or safety, and the court enters an
3  order that such parent, guardian or legal custodian is fit
4  to care for the minor.
5  (b) A minor found to be dependent under Section 2-4
6  may be (1) placed in accordance with Section 2-27 or (2)
7  ordered partially or completely emancipated in accordance
8  with the provisions of the Emancipation of Minors Act.
9  However, in any case in which a minor is found by the
10  court to be dependent under Section 2-4 of this Act,
11  custody of the minor shall not be restored to any parent,
12  guardian or legal custodian whose acts or omissions or
13  both have been identified, pursuant to subsection (1) of
14  Section 2-21, as forming the basis for the court's finding
15  of dependency, until such time as a hearing is held on the
16  issue of the fitness of such parent, guardian or legal
17  custodian to care for the minor without endangering the
18  minor's health or safety, and the court enters an order
19  that such parent, guardian or legal custodian is fit to
20  care for the minor.
21  (b-1) A minor between the ages of 18 and 23 21 may be
22  placed pursuant to Section 2-27 of this Act if (1) the
23  court has granted a supplemental petition to reinstate
24  wardship of the minor pursuant to subsection (2) of
25  Section 2-33, (2) the court has adjudicated the minor a
26  ward of the court, permitted the minor to return home

 

 

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1  under an order of protection, and subsequently made a
2  finding that it is in the minor's best interest to vacate
3  the order of protection and commit the minor to the
4  Department of Children and Family Services for care and
5  service, or (3) the court returned the minor to the
6  custody of the respondent under Section 2-4b of this Act
7  without terminating the proceedings under Section 2-31 of
8  this Act, and subsequently made a finding that it is in the
9  minor's best interest to commit the minor to the
10  Department of Children and Family Services for care and
11  services.
12  (c) When the court awards guardianship to the
13  Department of Children and Family Services, the court
14  shall order the parents to cooperate with the Department
15  of Children and Family Services, comply with the terms of
16  the service plans, and correct the conditions that require
17  the child to be in care, or risk termination of their
18  parental rights.
19  (2) Any order of disposition may provide for protective
20  supervision under Section 2-24 and may include an order of
21  protection under Section 2-25.
22  Unless the order of disposition expressly so provides, it
23  does not operate to close proceedings on the pending petition,
24  but is subject to modification, not inconsistent with Section
25  2-28, until final closing and discharge of the proceedings
26  under Section 2-31.

 

 

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1  (3) The court also shall enter any other orders necessary
2  to fulfill the service plan, including, but not limited to,
3  (i) orders requiring parties to cooperate with services, (ii)
4  restraining orders controlling the conduct of any party likely
5  to frustrate the achievement of the goal, and (iii) visiting
6  orders. When the child is placed separately from a sibling,
7  the court shall review the Sibling Contact Support Plan
8  developed under subsection (f) of Section 7.4 of the Children
9  and Family Services Act, if applicable. If the Department has
10  not convened a meeting to develop a Sibling Contact Support
11  Plan, or if the court finds that the existing Plan is not in
12  the child's best interest, the court may enter an order
13  requiring the Department to develop and implement a Sibling
14  Contact Support Plan under subsection (f) of Section 7.4 of
15  the Children and Family Services Act or order mediation.
16  Unless otherwise specifically authorized by law, the court is
17  not empowered under this subsection (3) to order specific
18  placements, specific services, or specific service providers
19  to be included in the plan. If, after receiving evidence, the
20  court determines that the services contained in the plan are
21  not reasonably calculated to facilitate achievement of the
22  permanency goal, the court shall put in writing the factual
23  basis supporting the determination and enter specific findings
24  based on the evidence. The court also shall enter an order for
25  the Department to develop and implement a new service plan or
26  to implement changes to the current service plan consistent

 

 

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1  with the court's findings. The new service plan shall be filed
2  with the court and served on all parties within 45 days after
3  the date of the order. The court shall continue the matter
4  until the new service plan is filed. Except as authorized by
5  subsection (3.5) of this Section or authorized by law, the
6  court is not empowered under this Section to order specific
7  placements, specific services, or specific service providers
8  to be included in the service plan.
9  (3.5) If, after reviewing the evidence, including evidence
10  from the Department, the court determines that the minor's
11  current or planned placement is not necessary or appropriate
12  to facilitate achievement of the permanency goal, the court
13  shall put in writing the factual basis supporting its
14  determination and enter specific findings based on the
15  evidence. If the court finds that the minor's current or
16  planned placement is not necessary or appropriate, the court
17  may enter an order directing the Department to implement a
18  recommendation by the minor's treating clinician or a
19  clinician contracted by the Department to evaluate the minor
20  or a recommendation made by the Department. If the Department
21  places a minor in a placement under an order entered under this
22  subsection (3.5), the Department has the authority to remove
23  the minor from that placement when a change in circumstances
24  necessitates the removal to protect the minor's health,
25  safety, and best interest. If the Department determines
26  removal is necessary, the Department shall notify the parties

 

 

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1  of the planned placement change in writing no later than 10
2  days prior to the implementation of its determination unless
3  remaining in the placement poses an imminent risk of harm to
4  the minor, in which case the Department shall notify the
5  parties of the placement change in writing immediately
6  following the implementation of its decision. The Department
7  shall notify others of the decision to change the minor's
8  placement as required by Department rule.
9  (4) In addition to any other order of disposition, the
10  court may order any minor adjudicated neglected with respect
11  to the minor's own injurious behavior to make restitution, in
12  monetary or non-monetary form, under the terms and conditions
13  of Section 5-5-6 of the Unified Code of Corrections, except
14  that the "presentence hearing" referred to therein shall be
15  the dispositional hearing for purposes of this Section. The
16  parent, guardian or legal custodian of the minor may pay some
17  or all of such restitution on the minor's behalf.
18  (5) Any order for disposition where the minor is committed
19  or placed in accordance with Section 2-27 shall provide for
20  the parents or guardian of the estate of such minor to pay to
21  the legal custodian or guardian of the person of the minor such
22  sums as are determined by the custodian or guardian of the
23  person of the minor as necessary for the minor's needs. Such
24  payments may not exceed the maximum amounts provided for by
25  Section 9.1 of the Children and Family Services Act.
26  (6) Whenever the order of disposition requires the minor

 

 

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1  to attend school or participate in a program of training, the
2  truant officer or designated school official shall regularly
3  report to the court if the minor is a chronic or habitual
4  truant under Section 26-2a of the School Code.
5  (7) The court may terminate the parental rights of a
6  parent at the initial dispositional hearing if all of the
7  conditions in subsection (5) of Section 2-21 are met.
8  (Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
9  (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
10  Sec. 2-31. Duration of wardship and discharge of
11  proceedings.
12  (1) All proceedings under Article II of this Act in
13  respect of any minor automatically terminate upon the minor
14  attaining the age of 23 21 years.
15  (2) Whenever the court determines, and makes written
16  factual findings, that health, safety, and the best interests
17  of the minor and the public no longer require the wardship of
18  the court, the court shall order the wardship terminated and
19  all proceedings under this Act respecting that minor finally
20  closed and discharged. The court may at the same time continue
21  or terminate any custodianship or guardianship theretofore
22  ordered but the termination must be made in compliance with
23  Section 2-28. When terminating wardship under this Section, if
24  the minor is over 18 or if wardship is terminated in
25  conjunction with an order partially or completely emancipating

 

 

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1  the minor in accordance with the Emancipation of Minors Act,
2  the court shall also consider the following factors, in
3  addition to the health, safety, and best interest of the minor
4  and the public: (A) the minor's wishes regarding case closure;
5  (B) the manner in which the minor will maintain independence
6  without services from the Department; (C) the minor's
7  engagement in services including placement offered by the
8  Department; (D) if the minor is not engaged, the Department's
9  efforts to engage the minor; (E) the nature of communication
10  between the minor and the Department; (F) the minor's
11  involvement in other State systems or services; (G) the
12  minor's connections with family and other community support;
13  and (H) any other factor the court deems relevant. The minor's
14  lack of cooperation with services provided by the Department
15  of Children and Family Services shall not by itself be
16  considered sufficient evidence that the minor is prepared to
17  live independently and that it is in the best interest of the
18  minor to terminate wardship. It shall not be in the minor's
19  best interest to terminate wardship of a minor over the age of
20  18 who is in the guardianship of the Department of Children and
21  Family Services if the Department has not made reasonable
22  efforts to ensure that the minor has documents necessary for
23  adult living as provided in Section 35.10 of the Children and
24  Family Services Act.
25  (3) The wardship of the minor and any custodianship or
26  guardianship respecting the minor for whom a petition was

 

 

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1  filed after July 24, 1991 (the effective date of Public Act
2  87-14) automatically terminates when the minor attains the age
3  of 19 years, except as set forth in subsection (1) of this
4  Section. The clerk of the court shall at that time record all
5  proceedings under this Act as finally closed and discharged
6  for that reason. The provisions of this subsection (3) become
7  inoperative on and after July 12, 2019 (the effective date of
8  Public Act 101-78).
9  (4) Notwithstanding any provision of law to the contrary,
10  the changes made by Public Act 101-78 apply to all cases that
11  are pending on or after July 12, 2019 (the effective date of
12  Public Act 101-78).
13  (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
14  (705 ILCS 405/2-33)
15  Sec. 2-33. Supplemental petition to reinstate wardship.
16  (1) Any time prior to a minor's 18th birthday, pursuant to
17  a supplemental petition filed under this Section, the court
18  may reinstate wardship and open a previously closed case when:
19  (a) wardship and guardianship under the Juvenile Court
20  Act of 1987 was vacated in conjunction with the
21  appointment of a private guardian under the Probate Act of
22  1975;
23  (b) the minor is not presently a ward of the court
24  under Article II of this Act nor is there a petition for
25  adjudication of wardship pending on behalf of the minor;

 

 

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1  and
2  (c) it is in the minor's best interest that wardship
3  be reinstated.
4  (2) Any time prior to a minor's 23rd 21st birthday,
5  pursuant to a supplemental petition filed under this Section,
6  the court may reinstate wardship and open a previously closed
7  case when:
8  (a) wardship and guardianship under this Act was
9  vacated pursuant to:
10  (i) an order entered under subsection (2) of
11  Section 2-31 in the case of a minor over the age of 18;
12  (ii) closure of a case under subsection (2) of
13  Section 2-31 in the case of a minor under the age of 18
14  who has been partially or completely emancipated in
15  accordance with the Emancipation of Minors Act; or
16  (iii) an order entered under subsection (3) of
17  Section 2-31 based on the minor's attaining the age of
18  19 years before the effective date of this amendatory
19  Act of the 101st General Assembly;
20  (b) the minor is not presently a ward of the court
21  under Article II of this Act nor is there a petition for
22  adjudication of wardship pending on behalf of the minor;
23  and
24  (c) it is in the minor's best interest that wardship
25  be reinstated.
26  (3) The supplemental petition must be filed in the same

 

 

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1  proceeding in which the original adjudication order was
2  entered. Unless excused by court for good cause shown, the
3  petitioner shall give notice of the time and place of the
4  hearing on the supplemental petition, in person or by mail, to
5  the minor, if the minor is 14 years of age or older, and to the
6  parties to the juvenile court proceeding. Notice shall be
7  provided at least 3 court days in advance of the hearing date.
8  (3.5) Whenever a petition is filed to reinstate wardship
9  pursuant to subsection (1), prior to granting the petition,
10  the court may order the Department of Children and Family
11  Services to assess the minor's current and proposed living
12  arrangements and to provide ongoing monitoring of the health,
13  safety, and best interest of the minor during the pendency of
14  the petition to assist the court in making that determination.
15  (4) A minor who is the subject of a petition to reinstate
16  wardship under this Section shall be provided with
17  representation in accordance with Sections 1-5 and 2-17 of
18  this Act.
19  (5) Whenever a minor is committed to the Department of
20  Children and Family Services for care and services following
21  the reinstatement of wardship under this Section, the
22  Department shall:
23  (a) Within 30 days of such commitment, prepare and
24  file with the court a case plan which complies with the
25  federal Adoption Assistance and Child Welfare Act of 1980
26  and is consistent with the health, safety and best

 

 

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1  interests of the minor; and
2  (b) Promptly refer the minor for such services as are
3  necessary and consistent with the minor's health, safety
4  and best interests.
5  (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
6  (705 ILCS 405/2-34)
7  Sec. 2-34. Motion to reinstate parental rights.
8  (1) For purposes of this subsection (1), the term "parent"
9  refers to the person or persons whose rights were terminated
10  as described in paragraph (a) of this subsection; and the term
11  "minor" means a person under the age of 23 21 years subject to
12  this Act for whom the Department of Children and Family
13  Services Guardianship Administrator is appointed the temporary
14  custodian or guardian.
15  A motion to reinstate parental rights may be filed only by
16  the Department of Children and Family Services or the minor
17  regarding any minor who is presently a ward of the court under
18  Article II of this Act when all the conditions set out in
19  paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
20  subsection (1) are met:
21  (a) while the minor was under the jurisdiction of the
22  court under Article II of this Act, the minor's parent or
23  parents surrendered the minor for adoption to an agency
24  legally authorized to place children for adoption, or the
25  minor's parent or parents consented to the minor's

 

 

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1  adoption, or the minor's parent or parents consented to
2  the minor's adoption by a specified person or persons, or
3  the parent or parents' rights were terminated pursuant to
4  a finding of unfitness pursuant to Section 2-29 of this
5  Act and a guardian was appointed with the power to consent
6  to adoption pursuant to Section 2-29 of this Act; and
7  (b) (i) since the signing of the surrender, the
8  signing of the consent, or the unfitness finding, the
9  minor has remained a ward of the Court under Article II of
10  this Act; or
11  (ii) the minor was made a ward of the Court, the minor
12  was placed in the private guardianship of an individual or
13  individuals, and after the appointment of a private
14  guardian and a new petition alleging abuse, neglect, or
15  dependency pursuant to Section 2-3 or 2-4 is filed, and
16  the minor is again found by the court to be abused,
17  neglected or dependent; or a supplemental petition to
18  reinstate wardship is filed pursuant to Section 2-33, and
19  the court reinstates wardship; or
20  (iii) the minor was made a ward of the Court, wardship
21  was terminated after the minor was adopted, after the
22  adoption a new petition alleging abuse, neglect, or
23  dependency pursuant to Section 2-3 or 2-4 is filed, and
24  the minor is again found by the court to be abused,
25  neglected, or dependent, and either (i) the adoptive
26  parent or parents are deceased, (ii) the adoptive parent

 

 

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1  or parents signed a surrender of parental rights, or (iii)
2  the parental rights of the adoptive parent or parents were
3  terminated;
4  (c) the minor is not currently in a placement likely
5  to achieve permanency;
6  (d) it is in the minor's best interest that parental
7  rights be reinstated;
8  (e) the parent named in the motion wishes parental
9  rights to be reinstated and is currently appropriate to
10  have rights reinstated;
11  (f) more than 3 years have lapsed since the signing of
12  the consent or surrender, or the entry of the order
13  appointing a guardian with the power to consent to
14  adoption;
15  (g) (i) the child is 13 years of age or older or (ii)
16  the child is the younger sibling of such child, 13 years of
17  age or older, for whom reinstatement of parental rights is
18  being sought and the younger sibling independently meets
19  the criteria set forth in paragraphs (a) through (h) of
20  this subsection; and
21  (h) if the court has previously denied a motion to
22  reinstate parental rights filed by the Department, there
23  has been a substantial change in circumstances following
24  the denial of the earlier motion.
25  (2) The motion may be filed only by the Department of
26  Children and Family Services or by the minor. Unless excused

 

 

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1  by the court for good cause shown, the movant shall give notice
2  of the time and place of the hearing on the motion, in person
3  or by mail, to the parties to the juvenile court proceeding.
4  Notice shall be provided at least 14 days in advance of the
5  hearing date. The motion shall include the allegations
6  required in subsection (1) of this Section.
7  (3) Any party may file a motion to dismiss the motion with
8  prejudice on the basis that the parent has intentionally acted
9  to prevent the child from being adopted, after parental rights
10  were terminated or the parent intentionally acted to disrupt
11  the child's adoption. If the court finds by a preponderance of
12  the evidence that the parent has intentionally acted to
13  prevent the child from being adopted, after parental rights
14  were terminated or that the parent intentionally acted to
15  disrupt the child's adoption, the court shall dismiss the
16  petition with prejudice.
17  (4) The court shall not grant a motion for reinstatement
18  of parental rights unless the court finds that the motion is
19  supported by clear and convincing evidence. In ruling on a
20  motion to reinstate parental rights, the court shall make
21  findings consistent with the requirements in subsection (1) of
22  this Section. The court shall consider the reasons why the
23  child was initially brought to the attention of the court, the
24  history of the child's case as it relates to the parent seeking
25  reinstatement, and the current circumstances of the parent for
26  whom reinstatement of rights is sought. If reinstatement is

 

 

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1  being considered subsequent to a finding of unfitness pursuant
2  to Section 2-29 of this Act having been entered with respect to
3  the parent whose rights are being restored, the court in
4  determining the minor's best interest shall consider, in
5  addition to the factors set forth in paragraph (4.05) of
6  Section 1-3 of this Act, the specific grounds upon which the
7  unfitness findings were made. Upon the entry of an order
8  granting a motion to reinstate parental rights, parental
9  rights of the parent named in the order shall be reinstated,
10  any previous order appointing a guardian with the power to
11  consent to adoption shall be void and with respect to the
12  parent named in the order, any consent shall be void.
13  (5) If the case is post-disposition, the court, upon the
14  entry of an order granting a motion to reinstate parental
15  rights, shall schedule the matter for a permanency hearing
16  pursuant to Section 2-28 of this Act within 45 days.
17  (6) Custody of the minor shall not be restored to the
18  parent, except by order of court pursuant to subsection (4) of
19  Section 2-28 of this Act.
20  (7) In any case involving a child over the age of 13 who
21  meets the criteria established in this Section for
22  reinstatement of parental rights, the Department of Children
23  and Family Services shall conduct an assessment of the child's
24  circumstances to assist in future planning for the child,
25  including, but not limited to a determination regarding the
26  appropriateness of filing a motion to reinstate parental

 

 

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