Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2820 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	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
4	4	15 ILCS 335/12 from Ch. 124, par. 32
5	5	20 ILCS 505/5
6	6	305 ILCS 5/5-2 from Ch. 23, par. 5-2
7	7	705 ILCS 405/2-23 from Ch. 37, par. 802-23
8	8	705 ILCS 405/2-31 from Ch. 37, par. 802-31
9	9	705 ILCS 405/2-33
10	10	705 ILCS 405/2-34
11	11	Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
12	12	LRB103 37208 KTG 67327 b LRB103 37208 KTG 67327 b
13	13	LRB103 37208 KTG 67327 b
14	14	A BILL FOR
15	15	SB2820LRB103 37208 KTG 67327 b SB2820 LRB103 37208 KTG 67327 b
16	16	SB2820 LRB103 37208 KTG 67327 b
17	17	1 AN ACT concerning foster youth.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 1. The Illinois Identification Card Act is amended
21	21	5 by changing Section 12 as follows:
22	22	6 (15 ILCS 335/12) (from Ch. 124, par. 32)
23	23	7 Sec. 12. Fees concerning standard Illinois Identification
24	24	8 Cards. The fees required under this Act for standard Illinois
25	25	9 Identification Cards must accompany any application provided
26	26	10 for in this Act, and the Secretary shall collect such fees as
27	27	11 follows:
28	28	12 a. Original card................................$2013 b. Renewal card.................................2014 c. Corrected card...............................1015 d. Duplicate card...............................2016 e. Certified copy with seal ....................517 f. (Blank) 18 g. Applicant 65 years of age or over ...........No Fee19 h. (Blank) 20 i. Individual living in Veterans21 Home or Hospital ...........................No Fee22 j. Original card under 18 years of age..........$523 k. Renewal card under 18 years of age...........$5 12 a. Original card................................ $20 13 b. Renewal card................................. 20 14 c. Corrected card............................... 10 15 d. Duplicate card............................... 20 16 e. Certified copy with seal .................... 5 17 f. (Blank) 18 g. Applicant 65 years of age or over ........... No Fee 19 h. (Blank) 20 i. Individual living in Veterans 21 Home or Hospital ........................... No Fee 22 j. Original card under 18 years of age.......... $5 23 k. Renewal card under 18 years of age........... $5
29	29	12 a. Original card................................ $20
30	30	13 b. Renewal card................................. 20
31	31	14 c. Corrected card............................... 10
32	32	15 d. Duplicate card............................... 20
33	33	16 e. Certified copy with seal .................... 5
34	34	17 f. (Blank)
35	35	18 g. Applicant 65 years of age or over ........... No Fee
36	36	19 h. (Blank)
37	37	20 i. Individual living in Veterans
38	38	21 Home or Hospital ........................... No Fee
39	39	22 j. Original card under 18 years of age.......... $5
40	40	23 k. Renewal card under 18 years of age........... $5
41	41
42	42
43	43
44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2820 Introduced 1/19/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
45	45	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
46	46	15 ILCS 335/12 from Ch. 124, par. 32
47	47	20 ILCS 505/5
48	48	305 ILCS 5/5-2 from Ch. 23, par. 5-2
49	49	705 ILCS 405/2-23 from Ch. 37, par. 802-23
50	50	705 ILCS 405/2-31 from Ch. 37, par. 802-31
51	51	705 ILCS 405/2-33
52	52	705 ILCS 405/2-34
53	53	Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.
54	54	LRB103 37208 KTG 67327 b LRB103 37208 KTG 67327 b
55	55	LRB103 37208 KTG 67327 b
56	56	A BILL FOR
57	57
58	58
59	59
60	60
61	61
62	62	15 ILCS 335/12 from Ch. 124, par. 32
63	63	20 ILCS 505/5
64	64	305 ILCS 5/5-2 from Ch. 23, par. 5-2
65	65	705 ILCS 405/2-23 from Ch. 37, par. 802-23
66	66	705 ILCS 405/2-31 from Ch. 37, par. 802-31
67	67	705 ILCS 405/2-33
68	68	705 ILCS 405/2-34
69	69
70	70
71	71
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85	85	12 a. Original card................................ $20
86	86	13 b. Renewal card................................. 20
87	87	14 c. Corrected card............................... 10
88	88	15 d. Duplicate card............................... 20
89	89	16 e. Certified copy with seal .................... 5
90	90	17 f. (Blank)
91	91	18 g. Applicant 65 years of age or over ........... No Fee
92	92	19 h. (Blank)
93	93	20 i. Individual living in Veterans
94	94	21 Home or Hospital ........................... No Fee
95	95	22 j. Original card under 18 years of age.......... $5
96	96	23 k. Renewal card under 18 years of age........... $5
97	97
98	98
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101	101	1 l. Corrected card under 18 years of age.........$52 m. Duplicate card under 18 years of age.........$53 n. Homeless person..............................No Fee 4 o. Duplicate card issued to an active-duty5 member of the United States Armed Forces,6 the member's spouse, or dependent7 children living with the member.............No Fee8 p. Duplicate temporary card.....................$59 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed16 person upon release on parole,17 mandatory supervised release,18 aftercare release, final19 discharge, or pardon from the20 Department of Corrections or21 Department of Juvenile Justice..............No Fee22 s. Limited-term Illinois Identification23 Card issued to a committed person24 upon release on parole, mandatory25 supervised release, aftercare26 release, final discharge, or pardon 1 l. Corrected card under 18 years of age......... $5 2 m. Duplicate card under 18 years of age......... $5 3 n. Homeless person.............................. No Fee 4 o. Duplicate card issued to an active-duty 5 member of the United States Armed Forces, 6 the member's spouse, or dependent 7 children living with the member............. No Fee 8 p. Duplicate temporary card..................... $5 9 q. First card issued to a youth 10 for whom the Department of Children 11 and Family Services is legally responsible 12 or a foster child upon turning the age of 13 16 years old until he or she reaches 14 the age of 23 21 years old................... No Fee 15 r. Original card issued to a committed 16 person upon release on parole, 17 mandatory supervised release, 18 aftercare release, final 19 discharge, or pardon from the 20 Department of Corrections or 21 Department of Juvenile Justice.............. No Fee 22 s. Limited-term Illinois Identification 23 Card issued to a committed person 24 upon release on parole, mandatory 25 supervised release, aftercare 26 release, final discharge, or pardon
102	102	1 l. Corrected card under 18 years of age......... $5
103	103	2 m. Duplicate card under 18 years of age......... $5
104	104	3 n. Homeless person.............................. No Fee
105	105	4 o. Duplicate card issued to an active-duty
106	106	5 member of the United States Armed Forces,
107	107	6 the member's spouse, or dependent
108	108	7 children living with the member............. No Fee
109	109	8 p. Duplicate temporary card..................... $5
110	110	9 q. First card issued to a youth
111	111	10 for whom the Department of Children
112	112	11 and Family Services is legally responsible
113	113	12 or a foster child upon turning the age of
114	114	13 16 years old until he or she reaches
115	115	14 the age of 23 21 years old................... No Fee
116	116	15 r. Original card issued to a committed
117	117	16 person upon release on parole,
118	118	17 mandatory supervised release,
119	119	18 aftercare release, final
120	120	19 discharge, or pardon from the
121	121	20 Department of Corrections or
122	122	21 Department of Juvenile Justice.............. No Fee
123	123	22 s. Limited-term Illinois Identification
124	124	23 Card issued to a committed person
125	125	24 upon release on parole, mandatory
126	126	25 supervised release, aftercare
127	127	26 release, final discharge, or pardon
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135	135	1 l. Corrected card under 18 years of age......... $5
136	136	2 m. Duplicate card under 18 years of age......... $5
137	137	3 n. Homeless person.............................. No Fee
138	138	4 o. Duplicate card issued to an active-duty
139	139	5 member of the United States Armed Forces,
140	140	6 the member's spouse, or dependent
141	141	7 children living with the member............. No Fee
142	142	8 p. Duplicate temporary card..................... $5
143	143	9 q. First card issued to a youth
144	144	10 for whom the Department of Children
145	145	11 and Family Services is legally responsible
146	146	12 or a foster child upon turning the age of
147	147	13 16 years old until he or she reaches
148	148	14 the age of 23 21 years old................... No Fee
149	149	15 r. Original card issued to a committed
150	150	16 person upon release on parole,
151	151	17 mandatory supervised release,
152	152	18 aftercare release, final
153	153	19 discharge, or pardon from the
154	154	20 Department of Corrections or
155	155	21 Department of Juvenile Justice.............. No Fee
156	156	22 s. Limited-term Illinois Identification
157	157	23 Card issued to a committed person
158	158	24 upon release on parole, mandatory
159	159	25 supervised release, aftercare
160	160	26 release, final discharge, or pardon
161	161
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165	165	1 from the Department of2 Corrections or Department of3 Juvenile Justice............................No Fee4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee 1 from the Department of 2 Corrections or Department of 3 Juvenile Justice............................ No Fee 4 t. Original card issued to a 5 person up to 14 days prior 6 to or upon conditional release 7 or absolute discharge from 8 the Department of Human Services............ No Fee 9 u. Limited-term Illinois Identification 10 Card issued to a person up to 11 14 days prior to or upon 12 conditional release or absolute discharge 13 from the Department of Human Services....... No Fee
166	166	1 from the Department of
167	167	2 Corrections or Department of
168	168	3 Juvenile Justice............................ No Fee
169	169	4 t. Original card issued to a
170	170	5 person up to 14 days prior
171	171	6 to or upon conditional release
172	172	7 or absolute discharge from
173	173	8 the Department of Human Services............ No Fee
174	174	9 u. Limited-term Illinois Identification
175	175	10 Card issued to a person up to
176	176	11 14 days prior to or upon
177	177	12 conditional release or absolute discharge
178	178	13 from the Department of Human Services....... No Fee
179	179	14 All fees collected under this Act shall be paid into the
180	180	15 Road Fund of the State treasury, except that the following
181	181	16 amounts shall be paid into the General Revenue Fund: (i) 80% of
182	182	17 the fee for an original, renewal, or duplicate Illinois
183	183	18 Identification Card issued on or after January 1, 2005; and
184	184	19 (ii) 80% of the fee for a corrected Illinois Identification
185	185	20 Card issued on or after January 1, 2005.
186	186	21 An individual, who resides in a veterans home or veterans
187	187	22 hospital operated by the State or federal government, who
188	188	23 makes an application for an Illinois Identification Card to be
189	189	24 issued at no fee, must submit, along with the application, an
190	190	25 affirmation by the applicant on a form provided by the
191	191	26 Secretary of State, that such person resides in a veterans
192	192
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198	198
199	199	1 from the Department of
200	200	2 Corrections or Department of
201	201	3 Juvenile Justice............................ No Fee
202	202	4 t. Original card issued to a
203	203	5 person up to 14 days prior
204	204	6 to or upon conditional release
205	205	7 or absolute discharge from
206	206	8 the Department of Human Services............ No Fee
207	207	9 u. Limited-term Illinois Identification
208	208	10 Card issued to a person up to
209	209	11 14 days prior to or upon
210	210	12 conditional release or absolute discharge
211	211	13 from the Department of Human Services....... No Fee
212	212
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216	216	1 home or veterans hospital operated by the State or federal
217	217	2 government.
218	218	3 The application of a homeless individual for an Illinois
219	219	4 Identification Card to be issued at no fee must be accompanied
220	220	5 by an affirmation by a qualified person, as defined in Section
221	221	6 4C of this Act, on a form provided by the Secretary of State,
222	222	7 that the applicant is currently homeless as defined in Section
223	223	8 1A of this Act.
224	224	9 For the application for the first Illinois Identification
225	225	10 Card of a youth for whom the Department of Children and Family
226	226	11 Services is legally responsible or a foster child to be issued
227	227	12 at no fee, the youth must submit, along with the application,
228	228	13 an affirmation by his or her court appointed attorney or an
229	229	14 employee of the Department of Children and Family Services on
230	230	15 a form provided by the Secretary of State, that the person is a
231	231	16 youth for whom the Department of Children and Family Services
232	232	17 is legally responsible or a foster child.
233	233	18 The fee for any duplicate identification card shall be
234	234	19 waived for any person who presents the Secretary of State's
235	235	20 Office with a police report showing that his or her
236	236	21 identification card was stolen.
237	237	22 The fee for any duplicate identification card shall be
238	238	23 waived for any person age 60 or older whose identification
239	239	24 card has been lost or stolen.
240	240	25 As used in this Section, "active-duty member of the United
241	241	26 States Armed Forces" means a member of the Armed Services or
242	242
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252	252	1 Reserve Forces of the United States or a member of the Illinois
253	253	2 National Guard who is called to active duty pursuant to an
254	254	3 executive order of the President of the United States, an act
255	255	4 of the Congress of the United States, or an order of the
256	256	5 Governor.
257	257	6 (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
258	258	7 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
259	259	8 1-1-20.)
260	260	9 Section 5. The Children and Family Services Act is amended
261	261	10 by changing Section 5 as follows:
262	262	11 (20 ILCS 505/5)
263	263	12 Sec. 5. Direct child welfare services; Department of
264	264	13 Children and Family Services. To provide direct child welfare
265	265	14 services when not available through other public or private
266	266	15 child care or program facilities.
267	267	16 (a) For purposes of this Section:
268	268	17 (1) "Children" means persons found within the State
269	269	18 who are under the age of 18 years. The term also includes
270	270	19 persons under age 23 21 who:
271	271	20 (A) were committed to the Department pursuant to
272	272	21 the Juvenile Court Act or the Juvenile Court Act of
273	273	22 1987 and who continue under the jurisdiction of the
274	274	23 court; or
275	275	24 (B) were accepted for care, service and training
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286	286	1 by the Department prior to the age of 18 and whose best
287	287	2 interest in the discretion of the Department would be
288	288	3 served by continuing that care, service and training
289	289	4 because of severe emotional disturbances, physical
290	290	5 disability, social adjustment or any combination
291	291	6 thereof, or because of the need to complete an
292	292	7 educational or vocational training program.
293	293	8 (2) "Homeless youth" means persons found within the
294	294	9 State who are under the age of 19, are not in a safe and
295	295	10 stable living situation and cannot be reunited with their
296	296	11 families.
297	297	12 (3) "Child welfare services" means public social
298	298	13 services which are directed toward the accomplishment of
299	299	14 the following purposes:
300	300	15 (A) protecting and promoting the health, safety
301	301	16 and welfare of children, including homeless,
302	302	17 dependent, or neglected children;
303	303	18 (B) remedying, or assisting in the solution of
304	304	19 problems which may result in, the neglect, abuse,
305	305	20 exploitation, or delinquency of children;
306	306	21 (C) preventing the unnecessary separation of
307	307	22 children from their families by identifying family
308	308	23 problems, assisting families in resolving their
309	309	24 problems, and preventing the breakup of the family
310	310	25 where the prevention of child removal is desirable and
311	311	26 possible when the child can be cared for at home
312	312
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322	322	1 without endangering the child's health and safety;
323	323	2 (D) restoring to their families children who have
324	324	3 been removed, by the provision of services to the
325	325	4 child and the families when the child can be cared for
326	326	5 at home without endangering the child's health and
327	327	6 safety;
328	328	7 (E) placing children in suitable permanent family
329	329	8 arrangements, through guardianship or adoption, in
330	330	9 cases where restoration to the birth family is not
331	331	10 safe, possible, or appropriate;
332	332	11 (F) at the time of placement, conducting
333	333	12 concurrent planning, as described in subsection (l-1)
334	334	13 of this Section, so that permanency may occur at the
335	335	14 earliest opportunity. Consideration should be given so
336	336	15 that if reunification fails or is delayed, the
337	337	16 placement made is the best available placement to
338	338	17 provide permanency for the child;
339	339	18 (G) (blank);
340	340	19 (H) (blank); and
341	341	20 (I) placing and maintaining children in facilities
342	342	21 that provide separate living quarters for children
343	343	22 under the age of 18 and for children 18 years of age
344	344	23 and older, unless a child 18 years of age is in the
345	345	24 last year of high school education or vocational
346	346	25 training, in an approved individual or group treatment
347	347	26 program, in a licensed shelter facility, or secure
348	348
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358	358	1 child care facility. The Department is not required to
359	359	2 place or maintain children:
360	360	3 (i) who are in a foster home, or
361	361	4 (ii) who are persons with a developmental
362	362	5 disability, as defined in the Mental Health and
363	363	6 Developmental Disabilities Code, or
364	364	7 (iii) who are female children who are
365	365	8 pregnant, pregnant and parenting, or parenting, or
366	366	9 (iv) who are siblings, in facilities that
367	367	10 provide separate living quarters for children 18
368	368	11 years of age and older and for children under 18
369	369	12 years of age.
370	370	13 (b) (Blank).
371	371	14 (b-5) The Department shall adopt rules to establish a
372	372	15 process for all licensed residential providers in Illinois to
373	373	16 submit data as required by the Department, if they contract or
374	374	17 receive reimbursement for children's mental health, substance
375	375	18 use, and developmental disability services from the Department
376	376	19 of Human Services, the Department of Juvenile Justice, or the
377	377	20 Department of Healthcare and Family Services. The requested
378	378	21 data must include, but is not limited to, capacity, staffing,
379	379	22 and occupancy data for the purpose of establishing State need
380	380	23 and placement availability.
381	381	24 All information collected, shared, or stored pursuant to
382	382	25 this subsection shall be handled in accordance with all State
383	383	26 and federal privacy laws and accompanying regulations and
384	384
385	385
386	386
387	387
388	388
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390	390
391	391
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393	393	SB2820 - 9 - LRB103 37208 KTG 67327 b
394	394	1 rules, including without limitation the federal Health
395	395	2 Insurance Portability and Accountability Act of 1996 (Public
396	396	3 Law 104-191) and the Mental Health and Developmental
397	397	4 Disabilities Confidentiality Act.
398	398	5 (c) The Department shall establish and maintain
399	399	6 tax-supported child welfare services and extend and seek to
400	400	7 improve voluntary services throughout the State, to the end
401	401	8 that services and care shall be available on an equal basis
402	402	9 throughout the State to children requiring such services.
403	403	10 (d) The Director may authorize advance disbursements for
404	404	11 any new program initiative to any agency contracting with the
405	405	12 Department. As a prerequisite for an advance disbursement, the
406	406	13 contractor must post a surety bond in the amount of the advance
407	407	14 disbursement and have a purchase of service contract approved
408	408	15 by the Department. The Department may pay up to 2 months
409	409	16 operational expenses in advance. The amount of the advance
410	410	17 disbursement shall be prorated over the life of the contract
411	411	18 or the remaining months of the fiscal year, whichever is less,
412	412	19 and the installment amount shall then be deducted from future
413	413	20 bills. Advance disbursement authorizations for new initiatives
414	414	21 shall not be made to any agency after that agency has operated
415	415	22 during 2 consecutive fiscal years. The requirements of this
416	416	23 Section concerning advance disbursements shall not apply with
417	417	24 respect to the following: payments to local public agencies
418	418	25 for child day care services as authorized by Section 5a of this
419	419	26 Act; and youth service programs receiving grant funds under
420	420
421	421
422	422
423	423
424	424
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426	426
427	427
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429	429	SB2820 - 10 - LRB103 37208 KTG 67327 b
430	430	1 Section 17a-4.
431	431	2 (e) (Blank).
432	432	3 (f) (Blank).
433	433	4 (g) The Department shall establish rules and regulations
434	434	5 concerning its operation of programs designed to meet the
435	435	6 goals of child safety and protection, family preservation,
436	436	7 family reunification, and adoption, including, but not limited
437	437	8 to:
438	438	9 (1) adoption;
439	439	10 (2) foster care;
440	440	11 (3) family counseling;
441	441	12 (4) protective services;
442	442	13 (5) (blank);
443	443	14 (6) homemaker service;
444	444	15 (7) return of runaway children;
445	445	16 (8) (blank);
446	446	17 (9) placement under Section 5-7 of the Juvenile Court
447	447	18 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
448	448	19 Court Act of 1987 in accordance with the federal Adoption
449	449	20 Assistance and Child Welfare Act of 1980; and
450	450	21 (10) interstate services.
451	451	22 Rules and regulations established by the Department shall
452	452	23 include provisions for training Department staff and the staff
453	453	24 of Department grantees, through contracts with other agencies
454	454	25 or resources, in screening techniques to identify substance
455	455	26 use disorders, as defined in the Substance Use Disorder Act,
456	456
457	457
458	458
459	459
460	460
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462	462
463	463
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465	465	SB2820 - 11 - LRB103 37208 KTG 67327 b
466	466	1 approved by the Department of Human Services, as a successor
467	467	2 to the Department of Alcoholism and Substance Abuse, for the
468	468	3 purpose of identifying children and adults who should be
469	469	4 referred for an assessment at an organization appropriately
470	470	5 licensed by the Department of Human Services for substance use
471	471	6 disorder treatment.
472	472	7 (h) If the Department finds that there is no appropriate
473	473	8 program or facility within or available to the Department for
474	474	9 a youth in care and that no licensed private facility has an
475	475	10 adequate and appropriate program or none agrees to accept the
476	476	11 youth in care, the Department shall create an appropriate
477	477	12 individualized, program-oriented plan for such youth in care.
478	478	13 The plan may be developed within the Department or through
479	479	14 purchase of services by the Department to the extent that it is
480	480	15 within its statutory authority to do.
481	481	16 (i) Service programs shall be available throughout the
482	482	17 State and shall include but not be limited to the following
483	483	18 services:
484	484	19 (1) case management;
485	485	20 (2) homemakers;
486	486	21 (3) counseling;
487	487	22 (4) parent education;
488	488	23 (5) day care; and
489	489	24 (6) emergency assistance and advocacy.
490	490	25 In addition, the following services may be made available
491	491	26 to assess and meet the needs of children and families:
492	492
493	493
494	494
495	495
496	496
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498	498
499	499
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501	501	SB2820 - 12 - LRB103 37208 KTG 67327 b
502	502	1 (1) comprehensive family-based services;
503	503	2 (2) assessments;
504	504	3 (3) respite care; and
505	505	4 (4) in-home health services.
506	506	5 The Department shall provide transportation for any of the
507	507	6 services it makes available to children or families or for
508	508	7 which it refers children or families.
509	509	8 (j) The Department may provide categories of financial
510	510	9 assistance and education assistance grants, and shall
511	511	10 establish rules and regulations concerning the assistance and
512	512	11 grants, to persons who adopt children with physical or mental
513	513	12 disabilities, children who are older, or other hard-to-place
514	514	13 children who (i) immediately prior to their adoption were
515	515	14 youth in care or (ii) were determined eligible for financial
516	516	15 assistance with respect to a prior adoption and who become
517	517	16 available for adoption because the prior adoption has been
518	518	17 dissolved and the parental rights of the adoptive parents have
519	519	18 been terminated or because the child's adoptive parents have
520	520	19 died. The Department may continue to provide financial
521	521	20 assistance and education assistance grants for a child who was
522	522	21 determined eligible for financial assistance under this
523	523	22 subsection (j) in the interim period beginning when the
524	524	23 child's adoptive parents died and ending with the finalization
525	525	24 of the new adoption of the child by another adoptive parent or
526	526	25 parents. The Department may also provide categories of
527	527	26 financial assistance and education assistance grants, and
528	528
529	529
530	530
531	531
532	532
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534	534
535	535
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537	537	SB2820 - 13 - LRB103 37208 KTG 67327 b
538	538	1 shall establish rules and regulations for the assistance and
539	539	2 grants, to persons appointed guardian of the person under
540	540	3 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
541	541	4 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
542	542	5 who were youth in care for 12 months immediately prior to the
543	543	6 appointment of the guardian.
544	544	7 The amount of assistance may vary, depending upon the
545	545	8 needs of the child and the adoptive parents, as set forth in
546	546	9 the annual assistance agreement. Special purpose grants are
547	547	10 allowed where the child requires special service but such
548	548	11 costs may not exceed the amounts which similar services would
549	549	12 cost the Department if it were to provide or secure them as
550	550	13 guardian of the child.
551	551	14 Any financial assistance provided under this subsection is
552	552	15 inalienable by assignment, sale, execution, attachment,
553	553	16 garnishment, or any other remedy for recovery or collection of
554	554	17 a judgment or debt.
555	555	18 (j-5) The Department shall not deny or delay the placement
556	556	19 of a child for adoption if an approved family is available
557	557	20 either outside of the Department region handling the case, or
558	558	21 outside of the State of Illinois.
559	559	22 (k) The Department shall accept for care and training any
560	560	23 child who has been adjudicated neglected or abused, or
561	561	24 dependent committed to it pursuant to the Juvenile Court Act
562	562	25 or the Juvenile Court Act of 1987.
563	563	26 (l) The Department shall offer family preservation
564	564
565	565
566	566
567	567
568	568
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570	570
571	571
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573	573	SB2820 - 14 - LRB103 37208 KTG 67327 b
574	574	1 services, as defined in Section 8.2 of the Abused and
575	575	2 Neglected Child Reporting Act, to help families, including
576	576	3 adoptive and extended families. Family preservation services
577	577	4 shall be offered (i) to prevent the placement of children in
578	578	5 substitute care when the children can be cared for at home or
579	579	6 in the custody of the person responsible for the children's
580	580	7 welfare, (ii) to reunite children with their families, or
581	581	8 (iii) to maintain an adoptive placement. Family preservation
582	582	9 services shall only be offered when doing so will not endanger
583	583	10 the children's health or safety. With respect to children who
584	584	11 are in substitute care pursuant to the Juvenile Court Act of
585	585	12 1987, family preservation services shall not be offered if a
586	586	13 goal other than those of subdivisions (A), (B), or (B-1) of
587	587	14 subsection (2) of Section 2-28 of that Act has been set, except
588	588	15 that reunification services may be offered as provided in
589	589	16 paragraph (F) of subsection (2) of Section 2-28 of that Act.
590	590	17 Nothing in this paragraph shall be construed to create a
591	591	18 private right of action or claim on the part of any individual
592	592	19 or child welfare agency, except that when a child is the
593	593	20 subject of an action under Article II of the Juvenile Court Act
594	594	21 of 1987 and the child's service plan calls for services to
595	595	22 facilitate achievement of the permanency goal, the court
596	596	23 hearing the action under Article II of the Juvenile Court Act
597	597	24 of 1987 may order the Department to provide the services set
598	598	25 out in the plan, if those services are not provided with
599	599	26 reasonable promptness and if those services are available.
600	600
601	601
602	602
603	603
604	604
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606	606
607	607
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609	609	SB2820 - 15 - LRB103 37208 KTG 67327 b
610	610	1 The Department shall notify the child and the child's
611	611	2 family of the Department's responsibility to offer and provide
612	612	3 family preservation services as identified in the service
613	613	4 plan. The child and the child's family shall be eligible for
614	614	5 services as soon as the report is determined to be
615	615	6 "indicated". The Department may offer services to any child or
616	616	7 family with respect to whom a report of suspected child abuse
617	617	8 or neglect has been filed, prior to concluding its
618	618	9 investigation under Section 7.12 of the Abused and Neglected
619	619	10 Child Reporting Act. However, the child's or family's
620	620	11 willingness to accept services shall not be considered in the
621	621	12 investigation. The Department may also provide services to any
622	622	13 child or family who is the subject of any report of suspected
623	623	14 child abuse or neglect or may refer such child or family to
624	624	15 services available from other agencies in the community, even
625	625	16 if the report is determined to be unfounded, if the conditions
626	626	17 in the child's or family's home are reasonably likely to
627	627	18 subject the child or family to future reports of suspected
628	628	19 child abuse or neglect. Acceptance of such services shall be
629	629	20 voluntary. The Department may also provide services to any
630	630	21 child or family after completion of a family assessment, as an
631	631	22 alternative to an investigation, as provided under the
632	632	23 "differential response program" provided for in subsection
633	633	24 (a-5) of Section 7.4 of the Abused and Neglected Child
634	634	25 Reporting Act.
635	635	26 The Department may, at its discretion except for those
636	636
637	637
638	638
639	639
640	640
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642	642
643	643
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645	645	SB2820 - 16 - LRB103 37208 KTG 67327 b
646	646	1 children also adjudicated neglected or dependent, accept for
647	647	2 care and training any child who has been adjudicated addicted,
648	648	3 as a truant minor in need of supervision or as a minor
649	649	4 requiring authoritative intervention, under the Juvenile Court
650	650	5 Act or the Juvenile Court Act of 1987, but no such child shall
651	651	6 be committed to the Department by any court without the
652	652	7 approval of the Department. On and after January 1, 2015 (the
653	653	8 effective date of Public Act 98-803) and before January 1,
654	654	9 2017, a minor charged with a criminal offense under the
655	655	10 Criminal Code of 1961 or the Criminal Code of 2012 or
656	656	11 adjudicated delinquent shall not be placed in the custody of
657	657	12 or committed to the Department by any court, except (i) a minor
658	658	13 less than 16 years of age committed to the Department under
659	659	14 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
660	660	15 for whom an independent basis of abuse, neglect, or dependency
661	661	16 exists, which must be defined by departmental rule, or (iii) a
662	662	17 minor for whom the court has granted a supplemental petition
663	663	18 to reinstate wardship pursuant to subsection (2) of Section
664	664	19 2-33 of the Juvenile Court Act of 1987. On and after January 1,
665	665	20 2017, a minor charged with a criminal offense under the
666	666	21 Criminal Code of 1961 or the Criminal Code of 2012 or
667	667	22 adjudicated delinquent shall not be placed in the custody of
668	668	23 or committed to the Department by any court, except (i) a minor
669	669	24 less than 15 years of age committed to the Department under
670	670	25 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
671	671	26 for whom an independent basis of abuse, neglect, or dependency
672	672
673	673
674	674
675	675
676	676
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678	678
679	679
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681	681	SB2820 - 17 - LRB103 37208 KTG 67327 b
682	682	1 exists, which must be defined by departmental rule, or (iii) a
683	683	2 minor for whom the court has granted a supplemental petition
684	684	3 to reinstate wardship pursuant to subsection (2) of Section
685	685	4 2-33 of the Juvenile Court Act of 1987. An independent basis
686	686	5 exists when the allegations or adjudication of abuse, neglect,
687	687	6 or dependency do not arise from the same facts, incident, or
688	688	7 circumstances which give rise to a charge or adjudication of
689	689	8 delinquency. The Department shall assign a caseworker to
690	690	9 attend any hearing involving a youth in the care and custody of
691	691	10 the Department who is placed on aftercare release, including
692	692	11 hearings involving sanctions for violation of aftercare
693	693	12 release conditions and aftercare release revocation hearings.
694	694	13 As soon as is possible after August 7, 2009 (the effective
695	695	14 date of Public Act 96-134), the Department shall develop and
696	696	15 implement a special program of family preservation services to
697	697	16 support intact, foster, and adoptive families who are
698	698	17 experiencing extreme hardships due to the difficulty and
699	699	18 stress of caring for a child who has been diagnosed with a
700	700	19 pervasive developmental disorder if the Department determines
701	701	20 that those services are necessary to ensure the health and
702	702	21 safety of the child. The Department may offer services to any
703	703	22 family whether or not a report has been filed under the Abused
704	704	23 and Neglected Child Reporting Act. The Department may refer
705	705	24 the child or family to services available from other agencies
706	706	25 in the community if the conditions in the child's or family's
707	707	26 home are reasonably likely to subject the child or family to
708	708
709	709
710	710
711	711
712	712
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714	714
715	715
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717	717	SB2820 - 18 - LRB103 37208 KTG 67327 b
718	718	1 future reports of suspected child abuse or neglect. Acceptance
719	719	2 of these services shall be voluntary. The Department shall
720	720	3 develop and implement a public information campaign to alert
721	721	4 health and social service providers and the general public
722	722	5 about these special family preservation services. The nature
723	723	6 and scope of the services offered and the number of families
724	724	7 served under the special program implemented under this
725	725	8 paragraph shall be determined by the level of funding that the
726	726	9 Department annually allocates for this purpose. The term
727	727	10 "pervasive developmental disorder" under this paragraph means
728	728	11 a neurological condition, including, but not limited to,
729	729	12 Asperger's Syndrome and autism, as defined in the most recent
730	730	13 edition of the Diagnostic and Statistical Manual of Mental
731	731	14 Disorders of the American Psychiatric Association.
732	732	15 (l-1) The General Assembly recognizes that the best
733	733	16 interests of the child require that the child be placed in the
734	734	17 most permanent living arrangement as soon as is practically
735	735	18 possible. To achieve this goal, the General Assembly directs
736	736	19 the Department of Children and Family Services to conduct
737	737	20 concurrent planning so that permanency may occur at the
738	738	21 earliest opportunity. Permanent living arrangements may
739	739	22 include prevention of placement of a child outside the home of
740	740	23 the family when the child can be cared for at home without
741	741	24 endangering the child's health or safety; reunification with
742	742	25 the family, when safe and appropriate, if temporary placement
743	743	26 is necessary; or movement of the child toward the most
744	744
745	745
746	746
747	747
748	748
749	749	SB2820 - 18 - LRB103 37208 KTG 67327 b
750	750
751	751
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753	753	SB2820 - 19 - LRB103 37208 KTG 67327 b
754	754	1 permanent living arrangement and permanent legal status.
755	755	2 When determining reasonable efforts to be made with
756	756	3 respect to a child, as described in this subsection, and in
757	757	4 making such reasonable efforts, the child's health and safety
758	758	5 shall be the paramount concern.
759	759	6 When a child is placed in foster care, the Department
760	760	7 shall ensure and document that reasonable efforts were made to
761	761	8 prevent or eliminate the need to remove the child from the
762	762	9 child's home. The Department must make reasonable efforts to
763	763	10 reunify the family when temporary placement of the child
764	764	11 occurs unless otherwise required, pursuant to the Juvenile
765	765	12 Court Act of 1987. At any time after the dispositional hearing
766	766	13 where the Department believes that further reunification
767	767	14 services would be ineffective, it may request a finding from
768	768	15 the court that reasonable efforts are no longer appropriate.
769	769	16 The Department is not required to provide further
770	770	17 reunification services after such a finding.
771	771	18 A decision to place a child in substitute care shall be
772	772	19 made with considerations of the child's health, safety, and
773	773	20 best interests. At the time of placement, consideration should
774	774	21 also be given so that if reunification fails or is delayed, the
775	775	22 placement made is the best available placement to provide
776	776	23 permanency for the child.
777	777	24 The Department shall adopt rules addressing concurrent
778	778	25 planning for reunification and permanency. The Department
779	779	26 shall consider the following factors when determining
780	780
781	781
782	782
783	783
784	784
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786	786
787	787
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789	789	SB2820 - 20 - LRB103 37208 KTG 67327 b
790	790	1 appropriateness of concurrent planning:
791	791	2 (1) the likelihood of prompt reunification;
792	792	3 (2) the past history of the family;
793	793	4 (3) the barriers to reunification being addressed by
794	794	5 the family;
795	795	6 (4) the level of cooperation of the family;
796	796	7 (5) the foster parents' willingness to work with the
797	797	8 family to reunite;
798	798	9 (6) the willingness and ability of the foster family
799	799	10 to provide an adoptive home or long-term placement;
800	800	11 (7) the age of the child;
801	801	12 (8) placement of siblings.
802	802	13 (m) The Department may assume temporary custody of any
803	803	14 child if:
804	804	15 (1) it has received a written consent to such
805	805	16 temporary custody signed by the parents of the child or by
806	806	17 the parent having custody of the child if the parents are
807	807	18 not living together or by the guardian or custodian of the
808	808	19 child if the child is not in the custody of either parent,
809	809	20 or
810	810	21 (2) the child is found in the State and neither a
811	811	22 parent, guardian nor custodian of the child can be
812	812	23 located.
813	813	24 If the child is found in the child's residence without a
814	814	25 parent, guardian, custodian, or responsible caretaker, the
815	815	26 Department may, instead of removing the child and assuming
816	816
817	817
818	818
819	819
820	820
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822	822
823	823
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825	825	SB2820 - 21 - LRB103 37208 KTG 67327 b
826	826	1 temporary custody, place an authorized representative of the
827	827	2 Department in that residence until such time as a parent,
828	828	3 guardian, or custodian enters the home and expresses a
829	829	4 willingness and apparent ability to ensure the child's health
830	830	5 and safety and resume permanent charge of the child, or until a
831	831	6 relative enters the home and is willing and able to ensure the
832	832	7 child's health and safety and assume charge of the child until
833	833	8 a parent, guardian, or custodian enters the home and expresses
834	834	9 such willingness and ability to ensure the child's safety and
835	835	10 resume permanent charge. After a caretaker has remained in the
836	836	11 home for a period not to exceed 12 hours, the Department must
837	837	12 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
838	838	13 5-415 of the Juvenile Court Act of 1987.
839	839	14 The Department shall have the authority, responsibilities
840	840	15 and duties that a legal custodian of the child would have
841	841	16 pursuant to subsection (9) of Section 1-3 of the Juvenile
842	842	17 Court Act of 1987. Whenever a child is taken into temporary
843	843	18 custody pursuant to an investigation under the Abused and
844	844	19 Neglected Child Reporting Act, or pursuant to a referral and
845	845	20 acceptance under the Juvenile Court Act of 1987 of a minor in
846	846	21 limited custody, the Department, during the period of
847	847	22 temporary custody and before the child is brought before a
848	848	23 judicial officer as required by Section 2-9, 3-11, 4-8, or
849	849	24 5-415 of the Juvenile Court Act of 1987, shall have the
850	850	25 authority, responsibilities and duties that a legal custodian
851	851	26 of the child would have under subsection (9) of Section 1-3 of
852	852
853	853
854	854
855	855
856	856
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858	858
859	859
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862	862	1 the Juvenile Court Act of 1987.
863	863	2 The Department shall ensure that any child taken into
864	864	3 custody is scheduled for an appointment for a medical
865	865	4 examination.
866	866	5 A parent, guardian, or custodian of a child in the
867	867	6 temporary custody of the Department who would have custody of
868	868	7 the child if the child were not in the temporary custody of the
869	869	8 Department may deliver to the Department a signed request that
870	870	9 the Department surrender the temporary custody of the child.
871	871	10 The Department may retain temporary custody of the child for
872	872	11 10 days after the receipt of the request, during which period
873	873	12 the Department may cause to be filed a petition pursuant to the
874	874	13 Juvenile Court Act of 1987. If a petition is so filed, the
875	875	14 Department shall retain temporary custody of the child until
876	876	15 the court orders otherwise. If a petition is not filed within
877	877	16 the 10-day period, the child shall be surrendered to the
878	878	17 custody of the requesting parent, guardian, or custodian not
879	879	18 later than the expiration of the 10-day period, at which time
880	880	19 the authority and duties of the Department with respect to the
881	881	20 temporary custody of the child shall terminate.
882	882	21 (m-1) The Department may place children under 18 years of
883	883	22 age in a secure child care facility licensed by the Department
884	884	23 that cares for children who are in need of secure living
885	885	24 arrangements for their health, safety, and well-being after a
886	886	25 determination is made by the facility director and the
887	887	26 Director or the Director's designate prior to admission to the
888	888
889	889
890	890
891	891
892	892
893	893	SB2820 - 22 - LRB103 37208 KTG 67327 b
894	894
895	895
896	896	SB2820- 23 -LRB103 37208 KTG 67327 b SB2820 - 23 - LRB103 37208 KTG 67327 b
897	897	SB2820 - 23 - LRB103 37208 KTG 67327 b
898	898	1 facility subject to Section 2-27.1 of the Juvenile Court Act
899	899	2 of 1987. This subsection (m-1) does not apply to a child who is
900	900	3 subject to placement in a correctional facility operated
901	901	4 pursuant to Section 3-15-2 of the Unified Code of Corrections,
902	902	5 unless the child is a youth in care who was placed in the care
903	903	6 of the Department before being subject to placement in a
904	904	7 correctional facility and a court of competent jurisdiction
905	905	8 has ordered placement of the child in a secure care facility.
906	906	9 (n) The Department may place children under 18 years of
907	907	10 age in licensed child care facilities when in the opinion of
908	908	11 the Department, appropriate services aimed at family
909	909	12 preservation have been unsuccessful and cannot ensure the
910	910	13 child's health and safety or are unavailable and such
911	911	14 placement would be for their best interest. Payment for board,
912	912	15 clothing, care, training and supervision of any child placed
913	913	16 in a licensed child care facility may be made by the
914	914	17 Department, by the parents or guardians of the estates of
915	915	18 those children, or by both the Department and the parents or
916	916	19 guardians, except that no payments shall be made by the
917	917	20 Department for any child placed in a licensed child care
918	918	21 facility for board, clothing, care, training, and supervision
919	919	22 of such a child that exceed the average per capita cost of
920	920	23 maintaining and of caring for a child in institutions for
921	921	24 dependent or neglected children operated by the Department.
922	922	25 However, such restriction on payments does not apply in cases
923	923	26 where children require specialized care and treatment for
924	924
925	925
926	926
927	927
928	928
929	929	SB2820 - 23 - LRB103 37208 KTG 67327 b
930	930
931	931
932	932	SB2820- 24 -LRB103 37208 KTG 67327 b SB2820 - 24 - LRB103 37208 KTG 67327 b
933	933	SB2820 - 24 - LRB103 37208 KTG 67327 b
934	934	1 problems of severe emotional disturbance, physical disability,
935	935	2 social adjustment, or any combination thereof and suitable
936	936	3 facilities for the placement of such children are not
937	937	4 available at payment rates within the limitations set forth in
938	938	5 this Section. All reimbursements for services delivered shall
939	939	6 be absolutely inalienable by assignment, sale, attachment, or
940	940	7 garnishment or otherwise.
941	941	8 (n-1) The Department shall provide or authorize child
942	942	9 welfare services, aimed at assisting minors to achieve
943	943	10 sustainable self-sufficiency as independent adults, for any
944	944	11 minor eligible for the reinstatement of wardship pursuant to
945	945	12 subsection (2) of Section 2-33 of the Juvenile Court Act of
946	946	13 1987, whether or not such reinstatement is sought or allowed,
947	947	14 provided that the minor consents to such services and has not
948	948	15 yet attained the age of 23 21. The Department shall have
949	949	16 responsibility for the development and delivery of services
950	950	17 under this Section. An eligible youth may access services
951	951	18 under this Section through the Department of Children and
952	952	19 Family Services or by referral from the Department of Human
953	953	20 Services. Youth participating in services under this Section
954	954	21 shall cooperate with the assigned case manager in developing
955	955	22 an agreement identifying the services to be provided and how
956	956	23 the youth will increase skills to achieve self-sufficiency. A
957	957	24 homeless shelter is not considered appropriate housing for any
958	958	25 youth receiving child welfare services under this Section. The
959	959	26 Department shall continue child welfare services under this
960	960
961	961
962	962
963	963
964	964
965	965	SB2820 - 24 - LRB103 37208 KTG 67327 b
966	966
967	967
968	968	SB2820- 25 -LRB103 37208 KTG 67327 b SB2820 - 25 - LRB103 37208 KTG 67327 b
969	969	SB2820 - 25 - LRB103 37208 KTG 67327 b
970	970	1 Section to any eligible minor until the minor becomes 23 21
971	971	2 years of age, no longer consents to participate, or achieves
972	972	3 self-sufficiency as identified in the minor's service plan.
973	973	4 The Department of Children and Family Services shall create
974	974	5 clear, readable notice of the rights of former foster youth to
975	975	6 child welfare services under this Section and how such
976	976	7 services may be obtained. The Department of Children and
977	977	8 Family Services and the Department of Human Services shall
978	978	9 disseminate this information statewide. The Department shall
979	979	10 adopt regulations describing services intended to assist
980	980	11 minors in achieving sustainable self-sufficiency as
981	981	12 independent adults.
982	982	13 (o) The Department shall establish an administrative
983	983	14 review and appeal process for children and families who
984	984	15 request or receive child welfare services from the Department.
985	985	16 Youth in care who are placed by private child welfare
986	986	17 agencies, and foster families with whom those youth are
987	987	18 placed, shall be afforded the same procedural and appeal
988	988	19 rights as children and families in the case of placement by the
989	989	20 Department, including the right to an initial review of a
990	990	21 private agency decision by that agency. The Department shall
991	991	22 ensure that any private child welfare agency, which accepts
992	992	23 youth in care for placement, affords those rights to children
993	993	24 and foster families. The Department shall accept for
994	994	25 administrative review and an appeal hearing a complaint made
995	995	26 by (i) a child or foster family concerning a decision
996	996
997	997
998	998
999	999
1000	1000
1001	1001	SB2820 - 25 - LRB103 37208 KTG 67327 b
1002	1002
1003	1003
1004	1004	SB2820- 26 -LRB103 37208 KTG 67327 b SB2820 - 26 - LRB103 37208 KTG 67327 b
1005	1005	SB2820 - 26 - LRB103 37208 KTG 67327 b
1006	1006	1 following an initial review by a private child welfare agency
1007	1007	2 or (ii) a prospective adoptive parent who alleges a violation
1008	1008	3 of subsection (j-5) of this Section. An appeal of a decision
1009	1009	4 concerning a change in the placement of a child shall be
1010	1010	5 conducted in an expedited manner. A court determination that a
1011	1011	6 current foster home placement is necessary and appropriate
1012	1012	7 under Section 2-28 of the Juvenile Court Act of 1987 does not
1013	1013	8 constitute a judicial determination on the merits of an
1014	1014	9 administrative appeal, filed by a former foster parent,
1015	1015	10 involving a change of placement decision.
1016	1016	11 (p) (Blank).
1017	1017	12 (q) The Department may receive and use, in their entirety,
1018	1018	13 for the benefit of children any gift, donation, or bequest of
1019	1019	14 money or other property which is received on behalf of such
1020	1020	15 children, or any financial benefits to which such children are
1021	1021	16 or may become entitled while under the jurisdiction or care of
1022	1022	17 the Department, except that the benefits described in Section
1023	1023	18 5.46 must be used and conserved consistent with the provisions
1024	1024	19 under Section 5.46.
1025	1025	20 The Department shall set up and administer no-cost,
1026	1026	21 interest-bearing accounts in appropriate financial
1027	1027	22 institutions for children for whom the Department is legally
1028	1028	23 responsible and who have been determined eligible for
1029	1029	24 Veterans' Benefits, Social Security benefits, assistance
1030	1030	25 allotments from the armed forces, court ordered payments,
1031	1031	26 parental voluntary payments, Supplemental Security Income,
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	SB2820 - 26 - LRB103 37208 KTG 67327 b
1038	1038
1039	1039
1040	1040	SB2820- 27 -LRB103 37208 KTG 67327 b SB2820 - 27 - LRB103 37208 KTG 67327 b
1041	1041	SB2820 - 27 - LRB103 37208 KTG 67327 b
1042	1042	1 Railroad Retirement payments, Black Lung benefits, or other
1043	1043	2 miscellaneous payments. Interest earned by each account shall
1044	1044	3 be credited to the account, unless disbursed in accordance
1045	1045	4 with this subsection.
1046	1046	5 In disbursing funds from children's accounts, the
1047	1047	6 Department shall:
1048	1048	7 (1) Establish standards in accordance with State and
1049	1049	8 federal laws for disbursing money from children's
1050	1050	9 accounts. In all circumstances, the Department's
1051	1051	10 Guardianship Administrator or the Guardianship
1052	1052	11 Administrator's designee must approve disbursements from
1053	1053	12 children's accounts. The Department shall be responsible
1054	1054	13 for keeping complete records of all disbursements for each
1055	1055	14 account for any purpose.
1056	1056	15 (2) Calculate on a monthly basis the amounts paid from
1057	1057	16 State funds for the child's board and care, medical care
1058	1058	17 not covered under Medicaid, and social services; and
1059	1059	18 utilize funds from the child's account, as covered by
1060	1060	19 regulation, to reimburse those costs. Monthly,
1061	1061	20 disbursements from all children's accounts, up to 1/12 of
1062	1062	21 $13,000,000, shall be deposited by the Department into the
1063	1063	22 General Revenue Fund and the balance over 1/12 of
1064	1064	23 $13,000,000 into the DCFS Children's Services Fund.
1065	1065	24 (3) Maintain any balance remaining after reimbursing
1066	1066	25 for the child's costs of care, as specified in item (2).
1067	1067	26 The balance shall accumulate in accordance with relevant
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073	SB2820 - 27 - LRB103 37208 KTG 67327 b
1074	1074
1075	1075
1076	1076	SB2820- 28 -LRB103 37208 KTG 67327 b SB2820 - 28 - LRB103 37208 KTG 67327 b
1077	1077	SB2820 - 28 - LRB103 37208 KTG 67327 b
1078	1078	1 State and federal laws and shall be disbursed to the child
1079	1079	2 or the child's guardian, or to the issuing agency.
1080	1080	3 (r) The Department shall promulgate regulations
1081	1081	4 encouraging all adoption agencies to voluntarily forward to
1082	1082	5 the Department or its agent names and addresses of all persons
1083	1083	6 who have applied for and have been approved for adoption of a
1084	1084	7 hard-to-place child or child with a disability and the names
1085	1085	8 of such children who have not been placed for adoption. A list
1086	1086	9 of such names and addresses shall be maintained by the
1087	1087	10 Department or its agent, and coded lists which maintain the
1088	1088	11 confidentiality of the person seeking to adopt the child and
1089	1089	12 of the child shall be made available, without charge, to every
1090	1090	13 adoption agency in the State to assist the agencies in placing
1091	1091	14 such children for adoption. The Department may delegate to an
1092	1092	15 agent its duty to maintain and make available such lists. The
1093	1093	16 Department shall ensure that such agent maintains the
1094	1094	17 confidentiality of the person seeking to adopt the child and
1095	1095	18 of the child.
1096	1096	19 (s) The Department of Children and Family Services may
1097	1097	20 establish and implement a program to reimburse Department and
1098	1098	21 private child welfare agency foster parents licensed by the
1099	1099	22 Department of Children and Family Services for damages
1100	1100	23 sustained by the foster parents as a result of the malicious or
1101	1101	24 negligent acts of foster children, as well as providing third
1102	1102	25 party coverage for such foster parents with regard to actions
1103	1103	26 of foster children to other individuals. Such coverage will be
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109	SB2820 - 28 - LRB103 37208 KTG 67327 b
1110	1110
1111	1111
1112	1112	SB2820- 29 -LRB103 37208 KTG 67327 b SB2820 - 29 - LRB103 37208 KTG 67327 b
1113	1113	SB2820 - 29 - LRB103 37208 KTG 67327 b
1114	1114	1 secondary to the foster parent liability insurance policy, if
1115	1115	2 applicable. The program shall be funded through appropriations
1116	1116	3 from the General Revenue Fund, specifically designated for
1117	1117	4 such purposes.
1118	1118	5 (t) The Department shall perform home studies and
1119	1119	6 investigations and shall exercise supervision over visitation
1120	1120	7 as ordered by a court pursuant to the Illinois Marriage and
1121	1121	8 Dissolution of Marriage Act or the Adoption Act only if:
1122	1122	9 (1) an order entered by an Illinois court specifically
1123	1123	10 directs the Department to perform such services; and
1124	1124	11 (2) the court has ordered one or both of the parties to
1125	1125	12 the proceeding to reimburse the Department for its
1126	1126	13 reasonable costs for providing such services in accordance
1127	1127	14 with Department rules, or has determined that neither
1128	1128	15 party is financially able to pay.
1129	1129	16 The Department shall provide written notification to the
1130	1130	17 court of the specific arrangements for supervised visitation
1131	1131	18 and projected monthly costs within 60 days of the court order.
1132	1132	19 The Department shall send to the court information related to
1133	1133	20 the costs incurred except in cases where the court has
1134	1134	21 determined the parties are financially unable to pay. The
1135	1135	22 court may order additional periodic reports as appropriate.
1136	1136	23 (u) In addition to other information that must be
1137	1137	24 provided, whenever the Department places a child with a
1138	1138	25 prospective adoptive parent or parents, in a licensed foster
1139	1139	26 home, group home, or child care institution, or in a relative
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	SB2820 - 29 - LRB103 37208 KTG 67327 b
1146	1146
1147	1147
1148	1148	SB2820- 30 -LRB103 37208 KTG 67327 b SB2820 - 30 - LRB103 37208 KTG 67327 b
1149	1149	SB2820 - 30 - LRB103 37208 KTG 67327 b
1150	1150	1 home, the Department shall provide to the prospective adoptive
1151	1151	2 parent or parents or other caretaker:
1152	1152	3 (1) available detailed information concerning the
1153	1153	4 child's educational and health history, copies of
1154	1154	5 immunization records (including insurance and medical card
1155	1155	6 information), a history of the child's previous
1156	1156	7 placements, if any, and reasons for placement changes
1157	1157	8 excluding any information that identifies or reveals the
1158	1158	9 location of any previous caretaker;
1159	1159	10 (2) a copy of the child's portion of the client
1160	1160	11 service plan, including any visitation arrangement, and
1161	1161	12 all amendments or revisions to it as related to the child;
1162	1162	13 and
1163	1163	14 (3) information containing details of the child's
1164	1164	15 individualized educational plan when the child is
1165	1165	16 receiving special education services.
1166	1166	17 The caretaker shall be informed of any known social or
1167	1167	18 behavioral information (including, but not limited to,
1168	1168	19 criminal background, fire setting, perpetuation of sexual
1169	1169	20 abuse, destructive behavior, and substance abuse) necessary to
1170	1170	21 care for and safeguard the children to be placed or currently
1171	1171	22 in the home. The Department may prepare a written summary of
1172	1172	23 the information required by this paragraph, which may be
1173	1173	24 provided to the foster or prospective adoptive parent in
1174	1174	25 advance of a placement. The foster or prospective adoptive
1175	1175	26 parent may review the supporting documents in the child's file
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	SB2820 - 30 - LRB103 37208 KTG 67327 b
1182	1182
1183	1183
1184	1184	SB2820- 31 -LRB103 37208 KTG 67327 b SB2820 - 31 - LRB103 37208 KTG 67327 b
1185	1185	SB2820 - 31 - LRB103 37208 KTG 67327 b
1186	1186	1 in the presence of casework staff. In the case of an emergency
1187	1187	2 placement, casework staff shall at least provide known
1188	1188	3 information verbally, if necessary, and must subsequently
1189	1189	4 provide the information in writing as required by this
1190	1190	5 subsection.
1191	1191	6 The information described in this subsection shall be
1192	1192	7 provided in writing. In the case of emergency placements when
1193	1193	8 time does not allow prior review, preparation, and collection
1194	1194	9 of written information, the Department shall provide such
1195	1195	10 information as it becomes available. Within 10 business days
1196	1196	11 after placement, the Department shall obtain from the
1197	1197	12 prospective adoptive parent or parents or other caretaker a
1198	1198	13 signed verification of receipt of the information provided.
1199	1199	14 Within 10 business days after placement, the Department shall
1200	1200	15 provide to the child's guardian ad litem a copy of the
1201	1201	16 information provided to the prospective adoptive parent or
1202	1202	17 parents or other caretaker. The information provided to the
1203	1203	18 prospective adoptive parent or parents or other caretaker
1204	1204	19 shall be reviewed and approved regarding accuracy at the
1205	1205	20 supervisory level.
1206	1206	21 (u-5) Effective July 1, 1995, only foster care placements
1207	1207	22 licensed as foster family homes pursuant to the Child Care Act
1208	1208	23 of 1969 shall be eligible to receive foster care payments from
1209	1209	24 the Department. Relative caregivers who, as of July 1, 1995,
1210	1210	25 were approved pursuant to approved relative placement rules
1211	1211	26 previously promulgated by the Department at 89 Ill. Adm. Code
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	SB2820 - 31 - LRB103 37208 KTG 67327 b
1218	1218
1219	1219
1220	1220	SB2820- 32 -LRB103 37208 KTG 67327 b SB2820 - 32 - LRB103 37208 KTG 67327 b
1221	1221	SB2820 - 32 - LRB103 37208 KTG 67327 b
1222	1222	1 335 and had submitted an application for licensure as a foster
1223	1223	2 family home may continue to receive foster care payments only
1224	1224	3 until the Department determines that they may be licensed as a
1225	1225	4 foster family home or that their application for licensure is
1226	1226	5 denied or until September 30, 1995, whichever occurs first.
1227	1227	6 (v) The Department shall access criminal history record
1228	1228	7 information as defined in the Illinois Uniform Conviction
1229	1229	8 Information Act and information maintained in the adjudicatory
1230	1230	9 and dispositional record system as defined in Section 2605-355
1231	1231	10 of the Illinois State Police Law if the Department determines
1232	1232	11 the information is necessary to perform its duties under the
1233	1233	12 Abused and Neglected Child Reporting Act, the Child Care Act
1234	1234	13 of 1969, and the Children and Family Services Act. The
1235	1235	14 Department shall provide for interactive computerized
1236	1236	15 communication and processing equipment that permits direct
1237	1237	16 on-line communication with the Illinois State Police's central
1238	1238	17 criminal history data repository. The Department shall comply
1239	1239	18 with all certification requirements and provide certified
1240	1240	19 operators who have been trained by personnel from the Illinois
1241	1241	20 State Police. In addition, one Office of the Inspector General
1242	1242	21 investigator shall have training in the use of the criminal
1243	1243	22 history information access system and have access to the
1244	1244	23 terminal. The Department of Children and Family Services and
1245	1245	24 its employees shall abide by rules and regulations established
1246	1246	25 by the Illinois State Police relating to the access and
1247	1247	26 dissemination of this information.
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	SB2820 - 32 - LRB103 37208 KTG 67327 b
1254	1254
1255	1255
1256	1256	SB2820- 33 -LRB103 37208 KTG 67327 b SB2820 - 33 - LRB103 37208 KTG 67327 b
1257	1257	SB2820 - 33 - LRB103 37208 KTG 67327 b
1258	1258	1 (v-1) Prior to final approval for placement of a child,
1259	1259	2 the Department shall conduct a criminal records background
1260	1260	3 check of the prospective foster or adoptive parent, including
1261	1261	4 fingerprint-based checks of national crime information
1262	1262	5 databases. Final approval for placement shall not be granted
1263	1263	6 if the record check reveals a felony conviction for child
1264	1264	7 abuse or neglect, for spousal abuse, for a crime against
1265	1265	8 children, or for a crime involving violence, including rape,
1266	1266	9 sexual assault, or homicide, but not including other physical
1267	1267	10 assault or battery, or if there is a felony conviction for
1268	1268	11 physical assault, battery, or a drug-related offense committed
1269	1269	12 within the past 5 years.
1270	1270	13 (v-2) Prior to final approval for placement of a child,
1271	1271	14 the Department shall check its child abuse and neglect
1272	1272	15 registry for information concerning prospective foster and
1273	1273	16 adoptive parents, and any adult living in the home. If any
1274	1274	17 prospective foster or adoptive parent or other adult living in
1275	1275	18 the home has resided in another state in the preceding 5 years,
1276	1276	19 the Department shall request a check of that other state's
1277	1277	20 child abuse and neglect registry.
1278	1278	21 (w) Within 120 days of August 20, 1995 (the effective date
1279	1279	22 of Public Act 89-392), the Department shall prepare and submit
1280	1280	23 to the Governor and the General Assembly, a written plan for
1281	1281	24 the development of in-state licensed secure child care
1282	1282	25 facilities that care for children who are in need of secure
1283	1283	26 living arrangements for their health, safety, and well-being.
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	SB2820 - 33 - LRB103 37208 KTG 67327 b
1290	1290
1291	1291
1292	1292	SB2820- 34 -LRB103 37208 KTG 67327 b SB2820 - 34 - LRB103 37208 KTG 67327 b
1293	1293	SB2820 - 34 - LRB103 37208 KTG 67327 b
1294	1294	1 For purposes of this subsection, secure care facility shall
1295	1295	2 mean a facility that is designed and operated to ensure that
1296	1296	3 all entrances and exits from the facility, a building or a
1297	1297	4 distinct part of the building, are under the exclusive control
1298	1298	5 of the staff of the facility, whether or not the child has the
1299	1299	6 freedom of movement within the perimeter of the facility,
1300	1300	7 building, or distinct part of the building. The plan shall
1301	1301	8 include descriptions of the types of facilities that are
1302	1302	9 needed in Illinois; the cost of developing these secure care
1303	1303	10 facilities; the estimated number of placements; the potential
1304	1304	11 cost savings resulting from the movement of children currently
1305	1305	12 out-of-state who are projected to be returned to Illinois; the
1306	1306	13 necessary geographic distribution of these facilities in
1307	1307	14 Illinois; and a proposed timetable for development of such
1308	1308	15 facilities.
1309	1309	16 (x) The Department shall conduct annual credit history
1310	1310	17 checks to determine the financial history of children placed
1311	1311	18 under its guardianship pursuant to the Juvenile Court Act of
1312	1312	19 1987. The Department shall conduct such credit checks starting
1313	1313	20 when a youth in care turns 12 years old and each year
1314	1314	21 thereafter for the duration of the guardianship as terminated
1315	1315	22 pursuant to the Juvenile Court Act of 1987. The Department
1316	1316	23 shall determine if financial exploitation of the child's
1317	1317	24 personal information has occurred. If financial exploitation
1318	1318	25 appears to have taken place or is presently ongoing, the
1319	1319	26 Department shall notify the proper law enforcement agency, the
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	SB2820 - 34 - LRB103 37208 KTG 67327 b
1326	1326
1327	1327
1328	1328	SB2820- 35 -LRB103 37208 KTG 67327 b SB2820 - 35 - LRB103 37208 KTG 67327 b
1329	1329	SB2820 - 35 - LRB103 37208 KTG 67327 b
1330	1330	1 proper State's Attorney, or the Attorney General.
1331	1331	2 (y) Beginning on July 22, 2010 (the effective date of
1332	1332	3 Public Act 96-1189), a child with a disability who receives
1333	1333	4 residential and educational services from the Department shall
1334	1334	5 be eligible to receive transition services in accordance with
1335	1335	6 Article 14 of the School Code from the age of 14.5 through age
1336	1336	7 21, inclusive, notwithstanding the child's residential
1337	1337	8 services arrangement. For purposes of this subsection, "child
1338	1338	9 with a disability" means a child with a disability as defined
1339	1339	10 by the federal Individuals with Disabilities Education
1340	1340	11 Improvement Act of 2004.
1341	1341	12 (z) The Department shall access criminal history record
1342	1342	13 information as defined as "background information" in this
1343	1343	14 subsection and criminal history record information as defined
1344	1344	15 in the Illinois Uniform Conviction Information Act for each
1345	1345	16 Department employee or Department applicant. Each Department
1346	1346	17 employee or Department applicant shall submit the employee's
1347	1347	18 or applicant's fingerprints to the Illinois State Police in
1348	1348	19 the form and manner prescribed by the Illinois State Police.
1349	1349	20 These fingerprints shall be checked against the fingerprint
1350	1350	21 records now and hereafter filed in the Illinois State Police
1351	1351	22 and the Federal Bureau of Investigation criminal history
1352	1352	23 records databases. The Illinois State Police shall charge a
1353	1353	24 fee for conducting the criminal history record check, which
1354	1354	25 shall be deposited into the State Police Services Fund and
1355	1355	26 shall not exceed the actual cost of the record check. The
1356	1356
1357	1357
1358	1358
1359	1359
1360	1360
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1362	1362
1363	1363
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1365	1365	SB2820 - 36 - LRB103 37208 KTG 67327 b
1366	1366	1 Illinois State Police shall furnish, pursuant to positive
1367	1367	2 identification, all Illinois conviction information to the
1368	1368	3 Department of Children and Family Services.
1369	1369	4 For purposes of this subsection:
1370	1370	5 "Background information" means all of the following:
1371	1371	6 (i) Upon the request of the Department of Children and
1372	1372	7 Family Services, conviction information obtained from the
1373	1373	8 Illinois State Police as a result of a fingerprint-based
1374	1374	9 criminal history records check of the Illinois criminal
1375	1375	10 history records database and the Federal Bureau of
1376	1376	11 Investigation criminal history records database concerning
1377	1377	12 a Department employee or Department applicant.
1378	1378	13 (ii) Information obtained by the Department of
1379	1379	14 Children and Family Services after performing a check of
1380	1380	15 the Illinois State Police's Sex Offender Database, as
1381	1381	16 authorized by Section 120 of the Sex Offender Community
1382	1382	17 Notification Law, concerning a Department employee or
1383	1383	18 Department applicant.
1384	1384	19 (iii) Information obtained by the Department of
1385	1385	20 Children and Family Services after performing a check of
1386	1386	21 the Child Abuse and Neglect Tracking System (CANTS)
1387	1387	22 operated and maintained by the Department.
1388	1388	23 "Department employee" means a full-time or temporary
1389	1389	24 employee coded or certified within the State of Illinois
1390	1390	25 Personnel System.
1391	1391	26 "Department applicant" means an individual who has
1392	1392
1393	1393
1394	1394
1395	1395
1396	1396
1397	1397	SB2820 - 36 - LRB103 37208 KTG 67327 b
1398	1398
1399	1399
1400	1400	SB2820- 37 -LRB103 37208 KTG 67327 b SB2820 - 37 - LRB103 37208 KTG 67327 b
1401	1401	SB2820 - 37 - LRB103 37208 KTG 67327 b
1402	1402	1 conditional Department full-time or part-time work, a
1403	1403	2 contractor, an individual used to replace or supplement staff,
1404	1404	3 an academic intern, a volunteer in Department offices or on
1405	1405	4 Department contracts, a work-study student, an individual or
1406	1406	5 entity licensed by the Department, or an unlicensed service
1407	1407	6 provider who works as a condition of a contract or an agreement
1408	1408	7 and whose work may bring the unlicensed service provider into
1409	1409	8 contact with Department clients or client records.
1410	1410	9 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1411	1411	10 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1412	1412	11 1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
1413	1413	12 Section 10. The Illinois Public Aid Code is amended by
1414	1414	13 changing Section 5-2 as follows:
1415	1415	14 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
1416	1416	15 Sec. 5-2. Classes of persons eligible. Medical assistance
1417	1417	16 under this Article shall be available to any of the following
1418	1418	17 classes of persons in respect to whom a plan for coverage has
1419	1419	18 been submitted to the Governor by the Illinois Department and
1420	1420	19 approved by him. If changes made in this Section 5-2 require
1421	1421	20 federal approval, they shall not take effect until such
1422	1422	21 approval has been received:
1423	1423	22 1. Recipients of basic maintenance grants under
1424	1424	23 Articles III and IV.
1425	1425	24 2. Beginning January 1, 2014, persons otherwise
1426	1426
1427	1427
1428	1428
1429	1429
1430	1430
1431	1431	SB2820 - 37 - LRB103 37208 KTG 67327 b
1432	1432
1433	1433
1434	1434	SB2820- 38 -LRB103 37208 KTG 67327 b SB2820 - 38 - LRB103 37208 KTG 67327 b
1435	1435	SB2820 - 38 - LRB103 37208 KTG 67327 b
1436	1436	1 eligible for basic maintenance under Article III,
1437	1437	2 excluding any eligibility requirements that are
1438	1438	3 inconsistent with any federal law or federal regulation,
1439	1439	4 as interpreted by the U.S. Department of Health and Human
1440	1440	5 Services, but who fail to qualify thereunder on the basis
1441	1441	6 of need, and who have insufficient income and resources to
1442	1442	7 meet the costs of necessary medical care, including, but
1443	1443	8 not limited to, the following:
1444	1444	9 (a) All persons otherwise eligible for basic
1445	1445	10 maintenance under Article III but who fail to qualify
1446	1446	11 under that Article on the basis of need and who meet
1447	1447	12 either of the following requirements:
1448	1448	13 (i) their income, as determined by the
1449	1449	14 Illinois Department in accordance with any federal
1450	1450	15 requirements, is equal to or less than 100% of the
1451	1451	16 federal poverty level; or
1452	1452	17 (ii) their income, after the deduction of
1453	1453	18 costs incurred for medical care and for other
1454	1454	19 types of remedial care, is equal to or less than
1455	1455	20 100% of the federal poverty level.
1456	1456	21 (b) (Blank).
1457	1457	22 3. (Blank).
1458	1458	23 4. Persons not eligible under any of the preceding
1459	1459	24 paragraphs who fall sick, are injured, or die, not having
1460	1460	25 sufficient money, property or other resources to meet the
1461	1461	26 costs of necessary medical care or funeral and burial
1462	1462
1463	1463
1464	1464
1465	1465
1466	1466
1467	1467	SB2820 - 38 - LRB103 37208 KTG 67327 b
1468	1468
1469	1469
1470	1470	SB2820- 39 -LRB103 37208 KTG 67327 b SB2820 - 39 - LRB103 37208 KTG 67327 b
1471	1471	SB2820 - 39 - LRB103 37208 KTG 67327 b
1472	1472	1 expenses.
1473	1473	2 5.(a) Beginning January 1, 2020, individuals during
1474	1474	3 pregnancy and during the 12-month period beginning on the
1475	1475	4 last day of the pregnancy, together with their infants,
1476	1476	5 whose income is at or below 200% of the federal poverty
1477	1477	6 level. Until September 30, 2019, or sooner if the
1478	1478	7 maintenance of effort requirements under the Patient
1479	1479	8 Protection and Affordable Care Act are eliminated or may
1480	1480	9 be waived before then, individuals during pregnancy and
1481	1481	10 during the 12-month period beginning on the last day of
1482	1482	11 the pregnancy, whose countable monthly income, after the
1483	1483	12 deduction of costs incurred for medical care and for other
1484	1484	13 types of remedial care as specified in administrative
1485	1485	14 rule, is equal to or less than the Medical Assistance-No
1486	1486	15 Grant(C) (MANG(C)) Income Standard in effect on April 1,
1487	1487	16 2013 as set forth in administrative rule.
1488	1488	17 (b) The plan for coverage shall provide ambulatory
1489	1489	18 prenatal care to pregnant individuals during a presumptive
1490	1490	19 eligibility period and establish an income eligibility
1491	1491	20 standard that is equal to 200% of the federal poverty
1492	1492	21 level, provided that costs incurred for medical care are
1493	1493	22 not taken into account in determining such income
1494	1494	23 eligibility.
1495	1495	24 (c) The Illinois Department may conduct a
1496	1496	25 demonstration in at least one county that will provide
1497	1497	26 medical assistance to pregnant individuals together with
1498	1498
1499	1499
1500	1500
1501	1501
1502	1502
1503	1503	SB2820 - 39 - LRB103 37208 KTG 67327 b
1504	1504
1505	1505
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1507	1507	SB2820 - 40 - LRB103 37208 KTG 67327 b
1508	1508	1 their infants and children up to one year of age, where the
1509	1509	2 income eligibility standard is set up to 185% of the
1510	1510	3 nonfarm income official poverty line, as defined by the
1511	1511	4 federal Office of Management and Budget. The Illinois
1512	1512	5 Department shall seek and obtain necessary authorization
1513	1513	6 provided under federal law to implement such a
1514	1514	7 demonstration. Such demonstration may establish resource
1515	1515	8 standards that are not more restrictive than those
1516	1516	9 established under Article IV of this Code.
1517	1517	10 6. (a) Subject to federal approval, children younger
1518	1518	11 than age 19 when countable income is at or below 313% of
1519	1519	12 the federal poverty level, as determined by the Department
1520	1520	13 and in accordance with all applicable federal
1521	1521	14 requirements. The Department is authorized to adopt
1522	1522	15 emergency rules to implement the changes made to this
1523	1523	16 paragraph by Public Act 102-43. Until September 30, 2019,
1524	1524	17 or sooner if the maintenance of effort requirements under
1525	1525	18 the Patient Protection and Affordable Care Act are
1526	1526	19 eliminated or may be waived before then, children younger
1527	1527	20 than age 19 whose countable monthly income, after the
1528	1528	21 deduction of costs incurred for medical care and for other
1529	1529	22 types of remedial care as specified in administrative
1530	1530	23 rule, is equal to or less than the Medical Assistance-No
1531	1531	24 Grant(C) (MANG(C)) Income Standard in effect on April 1,
1532	1532	25 2013 as set forth in administrative rule.
1533	1533	26 (b) Children and youth who are under temporary custody
1534	1534
1535	1535
1536	1536
1537	1537
1538	1538
1539	1539	SB2820 - 40 - LRB103 37208 KTG 67327 b
1540	1540
1541	1541
1542	1542	SB2820- 41 -LRB103 37208 KTG 67327 b SB2820 - 41 - LRB103 37208 KTG 67327 b
1543	1543	SB2820 - 41 - LRB103 37208 KTG 67327 b
1544	1544	1 or guardianship of the Department of Children and Family
1545	1545	2 Services or who receive financial assistance in support of
1546	1546	3 an adoption or guardianship placement from the Department
1547	1547	4 of Children and Family Services.
1548	1548	5 7. (Blank).
1549	1549	6 8. As required under federal law, persons who are
1550	1550	7 eligible for Transitional Medical Assistance as a result
1551	1551	8 of an increase in earnings or child or spousal support
1552	1552	9 received. The plan for coverage for this class of persons
1553	1553	10 shall:
1554	1554	11 (a) extend the medical assistance coverage to the
1555	1555	12 extent required by federal law; and
1556	1556	13 (b) offer persons who have initially received 6
1557	1557	14 months of the coverage provided in paragraph (a)
1558	1558	15 above, the option of receiving an additional 6 months
1559	1559	16 of coverage, subject to the following:
1560	1560	17 (i) such coverage shall be pursuant to
1561	1561	18 provisions of the federal Social Security Act;
1562	1562	19 (ii) such coverage shall include all services
1563	1563	20 covered under Illinois' State Medicaid Plan;
1564	1564	21 (iii) no premium shall be charged for such
1565	1565	22 coverage; and
1566	1566	23 (iv) such coverage shall be suspended in the
1567	1567	24 event of a person's failure without good cause to
1568	1568	25 file in a timely fashion reports required for this
1569	1569	26 coverage under the Social Security Act and
1570	1570
1571	1571
1572	1572
1573	1573
1574	1574
1575	1575	SB2820 - 41 - LRB103 37208 KTG 67327 b
1576	1576
1577	1577
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1579	1579	SB2820 - 42 - LRB103 37208 KTG 67327 b
1580	1580	1 coverage shall be reinstated upon the filing of
1581	1581	2 such reports if the person remains otherwise
1582	1582	3 eligible.
1583	1583	4 9. Persons with acquired immunodeficiency syndrome
1584	1584	5 (AIDS) or with AIDS-related conditions with respect to
1585	1585	6 whom there has been a determination that but for home or
1586	1586	7 community-based services such individuals would require
1587	1587	8 the level of care provided in an inpatient hospital,
1588	1588	9 skilled nursing facility or intermediate care facility the
1589	1589	10 cost of which is reimbursed under this Article. Assistance
1590	1590	11 shall be provided to such persons to the maximum extent
1591	1591	12 permitted under Title XIX of the Federal Social Security
1592	1592	13 Act.
1593	1593	14 10. Participants in the long-term care insurance
1594	1594	15 partnership program established under the Illinois
1595	1595	16 Long-Term Care Partnership Program Act who meet the
1596	1596	17 qualifications for protection of resources described in
1597	1597	18 Section 15 of that Act.
1598	1598	19 11. Persons with disabilities who are employed and
1599	1599	20 eligible for Medicaid, pursuant to Section
1600	1600	21 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
1601	1601	22 subject to federal approval, persons with a medically
1602	1602	23 improved disability who are employed and eligible for
1603	1603	24 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
1604	1604	25 the Social Security Act, as provided by the Illinois
1605	1605	26 Department by rule. In establishing eligibility standards
1606	1606
1607	1607
1608	1608
1609	1609
1610	1610
1611	1611	SB2820 - 42 - LRB103 37208 KTG 67327 b
1612	1612
1613	1613
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1615	1615	SB2820 - 43 - LRB103 37208 KTG 67327 b
1616	1616	1 under this paragraph 11, the Department shall, subject to
1617	1617	2 federal approval:
1618	1618	3 (a) set the income eligibility standard at not
1619	1619	4 lower than 350% of the federal poverty level;
1620	1620	5 (b) exempt retirement accounts that the person
1621	1621	6 cannot access without penalty before the age of 59
1622	1622	7 1/2, and medical savings accounts established pursuant
1623	1623	8 to 26 U.S.C. 220;
1624	1624	9 (c) allow non-exempt assets up to $25,000 as to
1625	1625	10 those assets accumulated during periods of eligibility
1626	1626	11 under this paragraph 11; and
1627	1627	12 (d) continue to apply subparagraphs (b) and (c) in
1628	1628	13 determining the eligibility of the person under this
1629	1629	14 Article even if the person loses eligibility under
1630	1630	15 this paragraph 11.
1631	1631	16 12. Subject to federal approval, persons who are
1632	1632	17 eligible for medical assistance coverage under applicable
1633	1633	18 provisions of the federal Social Security Act and the
1634	1634	19 federal Breast and Cervical Cancer Prevention and
1635	1635	20 Treatment Act of 2000. Those eligible persons are defined
1636	1636	21 to include, but not be limited to, the following persons:
1637	1637	22 (1) persons who have been screened for breast or
1638	1638	23 cervical cancer under the U.S. Centers for Disease
1639	1639	24 Control and Prevention Breast and Cervical Cancer
1640	1640	25 Program established under Title XV of the federal
1641	1641	26 Public Health Service Act in accordance with the
1642	1642
1643	1643
1644	1644
1645	1645
1646	1646
1647	1647	SB2820 - 43 - LRB103 37208 KTG 67327 b
1648	1648
1649	1649
1650	1650	SB2820- 44 -LRB103 37208 KTG 67327 b SB2820 - 44 - LRB103 37208 KTG 67327 b
1651	1651	SB2820 - 44 - LRB103 37208 KTG 67327 b
1652	1652	1 requirements of Section 1504 of that Act as
1653	1653	2 administered by the Illinois Department of Public
1654	1654	3 Health; and
1655	1655	4 (2) persons whose screenings under the above
1656	1656	5 program were funded in whole or in part by funds
1657	1657	6 appropriated to the Illinois Department of Public
1658	1658	7 Health for breast or cervical cancer screening.
1659	1659	8 "Medical assistance" under this paragraph 12 shall be
1660	1660	9 identical to the benefits provided under the State's
1661	1661	10 approved plan under Title XIX of the Social Security Act.
1662	1662	11 The Department must request federal approval of the
1663	1663	12 coverage under this paragraph 12 within 30 days after July
1664	1664	13 3, 2001 (the effective date of Public Act 92-47).
1665	1665	14 In addition to the persons who are eligible for
1666	1666	15 medical assistance pursuant to subparagraphs (1) and (2)
1667	1667	16 of this paragraph 12, and to be paid from funds
1668	1668	17 appropriated to the Department for its medical programs,
1669	1669	18 any uninsured person as defined by the Department in rules
1670	1670	19 residing in Illinois who is younger than 65 years of age,
1671	1671	20 who has been screened for breast and cervical cancer in
1672	1672	21 accordance with standards and procedures adopted by the
1673	1673	22 Department of Public Health for screening, and who is
1674	1674	23 referred to the Department by the Department of Public
1675	1675	24 Health as being in need of treatment for breast or
1676	1676	25 cervical cancer is eligible for medical assistance
1677	1677	26 benefits that are consistent with the benefits provided to
1678	1678
1679	1679
1680	1680
1681	1681
1682	1682
1683	1683	SB2820 - 44 - LRB103 37208 KTG 67327 b
1684	1684
1685	1685
1686	1686	SB2820- 45 -LRB103 37208 KTG 67327 b SB2820 - 45 - LRB103 37208 KTG 67327 b
1687	1687	SB2820 - 45 - LRB103 37208 KTG 67327 b
1688	1688	1 those persons described in subparagraphs (1) and (2).
1689	1689	2 Medical assistance coverage for the persons who are
1690	1690	3 eligible under the preceding sentence is not dependent on
1691	1691	4 federal approval, but federal moneys may be used to pay
1692	1692	5 for services provided under that coverage upon federal
1693	1693	6 approval.
1694	1694	7 13. Subject to appropriation and to federal approval,
1695	1695	8 persons living with HIV/AIDS who are not otherwise
1696	1696	9 eligible under this Article and who qualify for services
1697	1697	10 covered under Section 5-5.04 as provided by the Illinois
1698	1698	11 Department by rule.
1699	1699	12 14. Subject to the availability of funds for this
1700	1700	13 purpose, the Department may provide coverage under this
1701	1701	14 Article to persons who reside in Illinois who are not
1702	1702	15 eligible under any of the preceding paragraphs and who
1703	1703	16 meet the income guidelines of paragraph 2(a) of this
1704	1704	17 Section and (i) have an application for asylum pending
1705	1705	18 before the federal Department of Homeland Security or on
1706	1706	19 appeal before a court of competent jurisdiction and are
1707	1707	20 represented either by counsel or by an advocate accredited
1708	1708	21 by the federal Department of Homeland Security and
1709	1709	22 employed by a not-for-profit organization in regard to
1710	1710	23 that application or appeal, or (ii) are receiving services
1711	1711	24 through a federally funded torture treatment center.
1712	1712	25 Medical coverage under this paragraph 14 may be provided
1713	1713	26 for up to 24 continuous months from the initial
1714	1714
1715	1715
1716	1716
1717	1717
1718	1718
1719	1719	SB2820 - 45 - LRB103 37208 KTG 67327 b
1720	1720
1721	1721
1722	1722	SB2820- 46 -LRB103 37208 KTG 67327 b SB2820 - 46 - LRB103 37208 KTG 67327 b
1723	1723	SB2820 - 46 - LRB103 37208 KTG 67327 b
1724	1724	1 eligibility date so long as an individual continues to
1725	1725	2 satisfy the criteria of this paragraph 14. If an
1726	1726	3 individual has an appeal pending regarding an application
1727	1727	4 for asylum before the Department of Homeland Security,
1728	1728	5 eligibility under this paragraph 14 may be extended until
1729	1729	6 a final decision is rendered on the appeal. The Department
1730	1730	7 may adopt rules governing the implementation of this
1731	1731	8 paragraph 14.
1732	1732	9 15. Family Care Eligibility.
1733	1733	10 (a) On and after July 1, 2012, a parent or other
1734	1734	11 caretaker relative who is 19 years of age or older when
1735	1735	12 countable income is at or below 133% of the federal
1736	1736	13 poverty level. A person may not spend down to become
1737	1737	14 eligible under this paragraph 15.
1738	1738	15 (b) Eligibility shall be reviewed annually.
1739	1739	16 (c) (Blank).
1740	1740	17 (d) (Blank).
1741	1741	18 (e) (Blank).
1742	1742	19 (f) (Blank).
1743	1743	20 (g) (Blank).
1744	1744	21 (h) (Blank).
1745	1745	22 (i) Following termination of an individual's
1746	1746	23 coverage under this paragraph 15, the individual must
1747	1747	24 be determined eligible before the person can be
1748	1748	25 re-enrolled.
1749	1749	26 16. Subject to appropriation, uninsured persons who
1750	1750
1751	1751
1752	1752
1753	1753
1754	1754
1755	1755	SB2820 - 46 - LRB103 37208 KTG 67327 b
1756	1756
1757	1757
1758	1758	SB2820- 47 -LRB103 37208 KTG 67327 b SB2820 - 47 - LRB103 37208 KTG 67327 b
1759	1759	SB2820 - 47 - LRB103 37208 KTG 67327 b
1760	1760	1 are not otherwise eligible under this Section who have
1761	1761	2 been certified and referred by the Department of Public
1762	1762	3 Health as having been screened and found to need
1763	1763	4 diagnostic evaluation or treatment, or both diagnostic
1764	1764	5 evaluation and treatment, for prostate or testicular
1765	1765	6 cancer. For the purposes of this paragraph 16, uninsured
1766	1766	7 persons are those who do not have creditable coverage, as
1767	1767	8 defined under the Health Insurance Portability and
1768	1768	9 Accountability Act, or have otherwise exhausted any
1769	1769	10 insurance benefits they may have had, for prostate or
1770	1770	11 testicular cancer diagnostic evaluation or treatment, or
1771	1771	12 both diagnostic evaluation and treatment. To be eligible,
1772	1772	13 a person must furnish a Social Security number. A person's
1773	1773	14 assets are exempt from consideration in determining
1774	1774	15 eligibility under this paragraph 16. Such persons shall be
1775	1775	16 eligible for medical assistance under this paragraph 16
1776	1776	17 for so long as they need treatment for the cancer. A person
1777	1777	18 shall be considered to need treatment if, in the opinion
1778	1778	19 of the person's treating physician, the person requires
1779	1779	20 therapy directed toward cure or palliation of prostate or
1780	1780	21 testicular cancer, including recurrent metastatic cancer
1781	1781	22 that is a known or presumed complication of prostate or
1782	1782	23 testicular cancer and complications resulting from the
1783	1783	24 treatment modalities themselves. Persons who require only
1784	1784	25 routine monitoring services are not considered to need
1785	1785	26 treatment. "Medical assistance" under this paragraph 16
1786	1786
1787	1787
1788	1788
1789	1789
1790	1790
1791	1791	SB2820 - 47 - LRB103 37208 KTG 67327 b
1792	1792
1793	1793
1794	1794	SB2820- 48 -LRB103 37208 KTG 67327 b SB2820 - 48 - LRB103 37208 KTG 67327 b
1795	1795	SB2820 - 48 - LRB103 37208 KTG 67327 b
1796	1796	1 shall be identical to the benefits provided under the
1797	1797	2 State's approved plan under Title XIX of the Social
1798	1798	3 Security Act. Notwithstanding any other provision of law,
1799	1799	4 the Department (i) does not have a claim against the
1800	1800	5 estate of a deceased recipient of services under this
1801	1801	6 paragraph 16 and (ii) does not have a lien against any
1802	1802	7 homestead property or other legal or equitable real
1803	1803	8 property interest owned by a recipient of services under
1804	1804	9 this paragraph 16.
1805	1805	10 17. Persons who, pursuant to a waiver approved by the
1806	1806	11 Secretary of the U.S. Department of Health and Human
1807	1807	12 Services, are eligible for medical assistance under Title
1808	1808	13 XIX or XXI of the federal Social Security Act.
1809	1809	14 Notwithstanding any other provision of this Code and
1810	1810	15 consistent with the terms of the approved waiver, the
1811	1811	16 Illinois Department, may by rule:
1812	1812	17 (a) Limit the geographic areas in which the waiver
1813	1813	18 program operates.
1814	1814	19 (b) Determine the scope, quantity, duration, and
1815	1815	20 quality, and the rate and method of reimbursement, of
1816	1816	21 the medical services to be provided, which may differ
1817	1817	22 from those for other classes of persons eligible for
1818	1818	23 assistance under this Article.
1819	1819	24 (c) Restrict the persons' freedom in choice of
1820	1820	25 providers.
1821	1821	26 18. Beginning January 1, 2014, persons aged 19 or
1822	1822
1823	1823
1824	1824
1825	1825
1826	1826
1827	1827	SB2820 - 48 - LRB103 37208 KTG 67327 b
1828	1828
1829	1829
1830	1830	SB2820- 49 -LRB103 37208 KTG 67327 b SB2820 - 49 - LRB103 37208 KTG 67327 b
1831	1831	SB2820 - 49 - LRB103 37208 KTG 67327 b
1832	1832	1 older, but younger than 65, who are not otherwise eligible
1833	1833	2 for medical assistance under this Section 5-2, who qualify
1834	1834	3 for medical assistance pursuant to 42 U.S.C.
1835	1835	4 1396a(a)(10)(A)(i)(VIII) and applicable federal
1836	1836	5 regulations, and who have income at or below 133% of the
1837	1837	6 federal poverty level plus 5% for the applicable family
1838	1838	7 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
1839	1839	8 applicable federal regulations. Persons eligible for
1840	1840	9 medical assistance under this paragraph 18 shall receive
1841	1841	10 coverage for the Health Benefits Service Package as that
1842	1842	11 term is defined in subsection (m) of Section 5-1.1 of this
1843	1843	12 Code. If Illinois' federal medical assistance percentage
1844	1844	13 (FMAP) is reduced below 90% for persons eligible for
1845	1845	14 medical assistance under this paragraph 18, eligibility
1846	1846	15 under this paragraph 18 shall cease no later than the end
1847	1847	16 of the third month following the month in which the
1848	1848	17 reduction in FMAP takes effect.
1849	1849	18 19. Beginning January 1, 2014, as required under 42
1850	1850	19 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
1851	1851	20 and younger than age 26 who are not otherwise eligible for
1852	1852	21 medical assistance under paragraphs (1) through (17) of
1853	1853	22 this Section who (i) were in foster care under the
1854	1854	23 responsibility of the State on the date of attaining age
1855	1855	24 18 or on the date of attaining age 22 21 when a court has
1856	1856	25 continued wardship for good cause as provided in Section
1857	1857	26 2-31 of the Juvenile Court Act of 1987 and (ii) received
1858	1858
1859	1859
1860	1860
1861	1861
1862	1862
1863	1863	SB2820 - 49 - LRB103 37208 KTG 67327 b
1864	1864
1865	1865
1866	1866	SB2820- 50 -LRB103 37208 KTG 67327 b SB2820 - 50 - LRB103 37208 KTG 67327 b
1867	1867	SB2820 - 50 - LRB103 37208 KTG 67327 b
1868	1868	1 medical assistance under the Illinois Title XIX State Plan
1869	1869	2 or waiver of such plan while in foster care.
1870	1870	3 20. Beginning January 1, 2018, persons who are
1871	1871	4 foreign-born victims of human trafficking, torture, or
1872	1872	5 other serious crimes as defined in Section 2-19 of this
1873	1873	6 Code and their derivative family members if such persons:
1874	1874	7 (i) reside in Illinois; (ii) are not eligible under any of
1875	1875	8 the preceding paragraphs; (iii) meet the income guidelines
1876	1876	9 of subparagraph (a) of paragraph 2; and (iv) meet the
1877	1877	10 nonfinancial eligibility requirements of Sections 16-2,
1878	1878	11 16-3, and 16-5 of this Code. The Department may extend
1879	1879	12 medical assistance for persons who are foreign-born
1880	1880	13 victims of human trafficking, torture, or other serious
1881	1881	14 crimes whose medical assistance would be terminated
1882	1882	15 pursuant to subsection (b) of Section 16-5 if the
1883	1883	16 Department determines that the person, during the year of
1884	1884	17 initial eligibility (1) experienced a health crisis, (2)
1885	1885	18 has been unable, after reasonable attempts, to obtain
1886	1886	19 necessary information from a third party, or (3) has other
1887	1887	20 extenuating circumstances that prevented the person from
1888	1888	21 completing his or her application for status. The
1889	1889	22 Department may adopt any rules necessary to implement the
1890	1890	23 provisions of this paragraph.
1891	1891	24 21. Persons who are not otherwise eligible for medical
1892	1892	25 assistance under this Section who may qualify for medical
1893	1893	26 assistance pursuant to 42 U.S.C.
1894	1894
1895	1895
1896	1896
1897	1897
1898	1898
1899	1899	SB2820 - 50 - LRB103 37208 KTG 67327 b
1900	1900
1901	1901
1902	1902	SB2820- 51 -LRB103 37208 KTG 67327 b SB2820 - 51 - LRB103 37208 KTG 67327 b
1903	1903	SB2820 - 51 - LRB103 37208 KTG 67327 b
1904	1904	1 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
1905	1905	2 duration of any federal or State declared emergency due to
1906	1906	3 COVID-19. Medical assistance to persons eligible for
1907	1907	4 medical assistance solely pursuant to this paragraph 21
1908	1908	5 shall be limited to any in vitro diagnostic product (and
1909	1909	6 the administration of such product) described in 42 U.S.C.
1910	1910	7 1396d(a)(3)(B) on or after March 18, 2020, any visit
1911	1911	8 described in 42 U.S.C. 1396o(a)(2)(G), or any other
1912	1912	9 medical assistance that may be federally authorized for
1913	1913	10 this class of persons. The Department may also cover
1914	1914	11 treatment of COVID-19 for this class of persons, or any
1915	1915	12 similar category of uninsured individuals, to the extent
1916	1916	13 authorized under a federally approved 1115 Waiver or other
1917	1917	14 federal authority. Notwithstanding the provisions of
1918	1918	15 Section 1-11 of this Code, due to the nature of the
1919	1919	16 COVID-19 public health emergency, the Department may cover
1920	1920	17 and provide the medical assistance described in this
1921	1921	18 paragraph 21 to noncitizens who would otherwise meet the
1922	1922	19 eligibility requirements for the class of persons
1923	1923	20 described in this paragraph 21 for the duration of the
1924	1924	21 State emergency period.
1925	1925	22 In implementing the provisions of Public Act 96-20, the
1926	1926	23 Department is authorized to adopt only those rules necessary,
1927	1927	24 including emergency rules. Nothing in Public Act 96-20 permits
1928	1928	25 the Department to adopt rules or issue a decision that expands
1929	1929	26 eligibility for the FamilyCare Program to a person whose
1930	1930
1931	1931
1932	1932
1933	1933
1934	1934
1935	1935	SB2820 - 51 - LRB103 37208 KTG 67327 b
1936	1936
1937	1937
1938	1938	SB2820- 52 -LRB103 37208 KTG 67327 b SB2820 - 52 - LRB103 37208 KTG 67327 b
1939	1939	SB2820 - 52 - LRB103 37208 KTG 67327 b
1940	1940	1 income exceeds 185% of the Federal Poverty Level as determined
1941	1941	2 from time to time by the U.S. Department of Health and Human
1942	1942	3 Services, unless the Department is provided with express
1943	1943	4 statutory authority.
1944	1944	5 The eligibility of any such person for medical assistance
1945	1945	6 under this Article is not affected by the payment of any grant
1946	1946	7 under the Senior Citizens and Persons with Disabilities
1947	1947	8 Property Tax Relief Act or any distributions or items of
1948	1948	9 income described under subparagraph (X) of paragraph (2) of
1949	1949	10 subsection (a) of Section 203 of the Illinois Income Tax Act.
1950	1950	11 The Department shall by rule establish the amounts of
1951	1951	12 assets to be disregarded in determining eligibility for
1952	1952	13 medical assistance, which shall at a minimum equal the amounts
1953	1953	14 to be disregarded under the Federal Supplemental Security
1954	1954	15 Income Program. The amount of assets of a single person to be
1955	1955	16 disregarded shall not be less than $2,000, and the amount of
1956	1956	17 assets of a married couple to be disregarded shall not be less
1957	1957	18 than $3,000.
1958	1958	19 To the extent permitted under federal law, any person
1959	1959	20 found guilty of a second violation of Article VIIIA shall be
1960	1960	21 ineligible for medical assistance under this Article, as
1961	1961	22 provided in Section 8A-8.
1962	1962	23 The eligibility of any person for medical assistance under
1963	1963	24 this Article shall not be affected by the receipt by the person
1964	1964	25 of donations or benefits from fundraisers held for the person
1965	1965	26 in cases of serious illness, as long as neither the person nor
1966	1966
1967	1967
1968	1968
1969	1969
1970	1970
1971	1971	SB2820 - 52 - LRB103 37208 KTG 67327 b
1972	1972
1973	1973
1974	1974	SB2820- 53 -LRB103 37208 KTG 67327 b SB2820 - 53 - LRB103 37208 KTG 67327 b
1975	1975	SB2820 - 53 - LRB103 37208 KTG 67327 b
1976	1976	1 members of the person's family have actual control over the
1977	1977	2 donations or benefits or the disbursement of the donations or
1978	1978	3 benefits.
1979	1979	4 Notwithstanding any other provision of this Code, if the
1980	1980	5 United States Supreme Court holds Title II, Subtitle A,
1981	1981	6 Section 2001(a) of Public Law 111-148 to be unconstitutional,
1982	1982	7 or if a holding of Public Law 111-148 makes Medicaid
1983	1983	8 eligibility allowed under Section 2001(a) inoperable, the
1984	1984	9 State or a unit of local government shall be prohibited from
1985	1985	10 enrolling individuals in the Medical Assistance Program as the
1986	1986	11 result of federal approval of a State Medicaid waiver on or
1987	1987	12 after June 14, 2012 (the effective date of Public Act 97-687),
1988	1988	13 and any individuals enrolled in the Medical Assistance Program
1989	1989	14 pursuant to eligibility permitted as a result of such a State
1990	1990	15 Medicaid waiver shall become immediately ineligible.
1991	1991	16 Notwithstanding any other provision of this Code, if an
1992	1992	17 Act of Congress that becomes a Public Law eliminates Section
1993	1993	18 2001(a) of Public Law 111-148, the State or a unit of local
1994	1994	19 government shall be prohibited from enrolling individuals in
1995	1995	20 the Medical Assistance Program as the result of federal
1996	1996	21 approval of a State Medicaid waiver on or after June 14, 2012
1997	1997	22 (the effective date of Public Act 97-687), and any individuals
1998	1998	23 enrolled in the Medical Assistance Program pursuant to
1999	1999	24 eligibility permitted as a result of such a State Medicaid
2000	2000	25 waiver shall become immediately ineligible.
2001	2001	26 Effective October 1, 2013, the determination of
2002	2002
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007	SB2820 - 53 - LRB103 37208 KTG 67327 b
2008	2008
2009	2009
2010	2010	SB2820- 54 -LRB103 37208 KTG 67327 b SB2820 - 54 - LRB103 37208 KTG 67327 b
2011	2011	SB2820 - 54 - LRB103 37208 KTG 67327 b
2012	2012	1 eligibility of persons who qualify under paragraphs 5, 6, 8,
2013	2013	2 15, 17, and 18 of this Section shall comply with the
2014	2014	3 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
2015	2015	4 regulations.
2016	2016	5 The Department of Healthcare and Family Services, the
2017	2017	6 Department of Human Services, and the Illinois health
2018	2018	7 insurance marketplace shall work cooperatively to assist
2019	2019	8 persons who would otherwise lose health benefits as a result
2020	2020	9 of changes made under Public Act 98-104 to transition to other
2021	2021	10 health insurance coverage.
2022	2022	11 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
2023	2023	12 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
2024	2024	13 10-8-21; 102-813, eff. 5-13-22.)
2025	2025	14 Section 15. The Juvenile Court Act of 1987 is amended by
2026	2026	15 changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
2027	2027	16 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
2028	2028	17 Sec. 2-23. Kinds of dispositional orders.
2029	2029	18 (1) The following kinds of orders of disposition may be
2030	2030	19 made in respect of wards of the court:
2031	2031	20 (a) A minor found to be neglected or abused under
2032	2032	21 Section 2-3 or dependent under Section 2-4 may be (1)
2033	2033	22 continued in the custody of the minor's parents, guardian
2034	2034	23 or legal custodian; (2) placed in accordance with Section
2035	2035	24 2-27; (3) restored to the custody of the parent, parents,
2036	2036
2037	2037
2038	2038
2039	2039
2040	2040
2041	2041	SB2820 - 54 - LRB103 37208 KTG 67327 b
2042	2042
2043	2043
2044	2044	SB2820- 55 -LRB103 37208 KTG 67327 b SB2820 - 55 - LRB103 37208 KTG 67327 b
2045	2045	SB2820 - 55 - LRB103 37208 KTG 67327 b
2046	2046	1 guardian, or legal custodian, provided the court shall
2047	2047	2 order the parent, parents, guardian, or legal custodian to
2048	2048	3 cooperate with the Department of Children and Family
2049	2049	4 Services and comply with the terms of an after-care plan
2050	2050	5 or risk the loss of custody of the child and the possible
2051	2051	6 termination of their parental rights; or (4) ordered
2052	2052	7 partially or completely emancipated in accordance with the
2053	2053	8 provisions of the Emancipation of Minors Act.
2054	2054	9 If the minor is being restored to the custody of a
2055	2055	10 parent, legal custodian, or guardian who lives outside of
2056	2056	11 Illinois, and an Interstate Compact has been requested and
2057	2057	12 refused, the court may order the Department of Children
2058	2058	13 and Family Services to arrange for an assessment of the
2059	2059	14 minor's proposed living arrangement and for ongoing
2060	2060	15 monitoring of the health, safety, and best interest of the
2061	2061	16 minor and compliance with any order of protective
2062	2062	17 supervision entered in accordance with Section 2-24.
2063	2063	18 However, in any case in which a minor is found by the
2064	2064	19 court to be neglected or abused under Section 2-3 of this
2065	2065	20 Act, custody of the minor shall not be restored to any
2066	2066	21 parent, guardian or legal custodian whose acts or
2067	2067	22 omissions or both have been identified, pursuant to
2068	2068	23 subsection (1) of Section 2-21, as forming the basis for
2069	2069	24 the court's finding of abuse or neglect, until such time
2070	2070	25 as a hearing is held on the issue of the best interests of
2071	2071	26 the minor and the fitness of such parent, guardian or
2072	2072
2073	2073
2074	2074
2075	2075
2076	2076
2077	2077	SB2820 - 55 - LRB103 37208 KTG 67327 b
2078	2078
2079	2079
2080	2080	SB2820- 56 -LRB103 37208 KTG 67327 b SB2820 - 56 - LRB103 37208 KTG 67327 b
2081	2081	SB2820 - 56 - LRB103 37208 KTG 67327 b
2082	2082	1 legal custodian to care for the minor without endangering
2083	2083	2 the minor's health or safety, and the court enters an
2084	2084	3 order that such parent, guardian or legal custodian is fit
2085	2085	4 to care for the minor.
2086	2086	5 (b) A minor found to be dependent under Section 2-4
2087	2087	6 may be (1) placed in accordance with Section 2-27 or (2)
2088	2088	7 ordered partially or completely emancipated in accordance
2089	2089	8 with the provisions of the Emancipation of Minors Act.
2090	2090	9 However, in any case in which a minor is found by the
2091	2091	10 court to be dependent under Section 2-4 of this Act,
2092	2092	11 custody of the minor shall not be restored to any parent,
2093	2093	12 guardian or legal custodian whose acts or omissions or
2094	2094	13 both have been identified, pursuant to subsection (1) of
2095	2095	14 Section 2-21, as forming the basis for the court's finding
2096	2096	15 of dependency, until such time as a hearing is held on the
2097	2097	16 issue of the fitness of such parent, guardian or legal
2098	2098	17 custodian to care for the minor without endangering the
2099	2099	18 minor's health or safety, and the court enters an order
2100	2100	19 that such parent, guardian or legal custodian is fit to
2101	2101	20 care for the minor.
2102	2102	21 (b-1) A minor between the ages of 18 and 23 21 may be
2103	2103	22 placed pursuant to Section 2-27 of this Act if (1) the
2104	2104	23 court has granted a supplemental petition to reinstate
2105	2105	24 wardship of the minor pursuant to subsection (2) of
2106	2106	25 Section 2-33, (2) the court has adjudicated the minor a
2107	2107	26 ward of the court, permitted the minor to return home
2108	2108
2109	2109
2110	2110
2111	2111
2112	2112
2113	2113	SB2820 - 56 - LRB103 37208 KTG 67327 b
2114	2114
2115	2115
2116	2116	SB2820- 57 -LRB103 37208 KTG 67327 b SB2820 - 57 - LRB103 37208 KTG 67327 b
2117	2117	SB2820 - 57 - LRB103 37208 KTG 67327 b
2118	2118	1 under an order of protection, and subsequently made a
2119	2119	2 finding that it is in the minor's best interest to vacate
2120	2120	3 the order of protection and commit the minor to the
2121	2121	4 Department of Children and Family Services for care and
2122	2122	5 service, or (3) the court returned the minor to the
2123	2123	6 custody of the respondent under Section 2-4b of this Act
2124	2124	7 without terminating the proceedings under Section 2-31 of
2125	2125	8 this Act, and subsequently made a finding that it is in the
2126	2126	9 minor's best interest to commit the minor to the
2127	2127	10 Department of Children and Family Services for care and
2128	2128	11 services.
2129	2129	12 (c) When the court awards guardianship to the
2130	2130	13 Department of Children and Family Services, the court
2131	2131	14 shall order the parents to cooperate with the Department
2132	2132	15 of Children and Family Services, comply with the terms of
2133	2133	16 the service plans, and correct the conditions that require
2134	2134	17 the child to be in care, or risk termination of their
2135	2135	18 parental rights.
2136	2136	19 (2) Any order of disposition may provide for protective
2137	2137	20 supervision under Section 2-24 and may include an order of
2138	2138	21 protection under Section 2-25.
2139	2139	22 Unless the order of disposition expressly so provides, it
2140	2140	23 does not operate to close proceedings on the pending petition,
2141	2141	24 but is subject to modification, not inconsistent with Section
2142	2142	25 2-28, until final closing and discharge of the proceedings
2143	2143	26 under Section 2-31.
2144	2144
2145	2145
2146	2146
2147	2147
2148	2148
2149	2149	SB2820 - 57 - LRB103 37208 KTG 67327 b
2150	2150
2151	2151
2152	2152	SB2820- 58 -LRB103 37208 KTG 67327 b SB2820 - 58 - LRB103 37208 KTG 67327 b
2153	2153	SB2820 - 58 - LRB103 37208 KTG 67327 b
2154	2154	1 (3) The court also shall enter any other orders necessary
2155	2155	2 to fulfill the service plan, including, but not limited to,
2156	2156	3 (i) orders requiring parties to cooperate with services, (ii)
2157	2157	4 restraining orders controlling the conduct of any party likely
2158	2158	5 to frustrate the achievement of the goal, and (iii) visiting
2159	2159	6 orders. When the child is placed separately from a sibling,
2160	2160	7 the court shall review the Sibling Contact Support Plan
2161	2161	8 developed under subsection (f) of Section 7.4 of the Children
2162	2162	9 and Family Services Act, if applicable. If the Department has
2163	2163	10 not convened a meeting to develop a Sibling Contact Support
2164	2164	11 Plan, or if the court finds that the existing Plan is not in
2165	2165	12 the child's best interest, the court may enter an order
2166	2166	13 requiring the Department to develop and implement a Sibling
2167	2167	14 Contact Support Plan under subsection (f) of Section 7.4 of
2168	2168	15 the Children and Family Services Act or order mediation.
2169	2169	16 Unless otherwise specifically authorized by law, the court is
2170	2170	17 not empowered under this subsection (3) to order specific
2171	2171	18 placements, specific services, or specific service providers
2172	2172	19 to be included in the plan. If, after receiving evidence, the
2173	2173	20 court determines that the services contained in the plan are
2174	2174	21 not reasonably calculated to facilitate achievement of the
2175	2175	22 permanency goal, the court shall put in writing the factual
2176	2176	23 basis supporting the determination and enter specific findings
2177	2177	24 based on the evidence. The court also shall enter an order for
2178	2178	25 the Department to develop and implement a new service plan or
2179	2179	26 to implement changes to the current service plan consistent
2180	2180
2181	2181
2182	2182
2183	2183
2184	2184
2185	2185	SB2820 - 58 - LRB103 37208 KTG 67327 b
2186	2186
2187	2187
2188	2188	SB2820- 59 -LRB103 37208 KTG 67327 b SB2820 - 59 - LRB103 37208 KTG 67327 b
2189	2189	SB2820 - 59 - LRB103 37208 KTG 67327 b
2190	2190	1 with the court's findings. The new service plan shall be filed
2191	2191	2 with the court and served on all parties within 45 days after
2192	2192	3 the date of the order. The court shall continue the matter
2193	2193	4 until the new service plan is filed. Except as authorized by
2194	2194	5 subsection (3.5) of this Section or authorized by law, the
2195	2195	6 court is not empowered under this Section to order specific
2196	2196	7 placements, specific services, or specific service providers
2197	2197	8 to be included in the service plan.
2198	2198	9 (3.5) If, after reviewing the evidence, including evidence
2199	2199	10 from the Department, the court determines that the minor's
2200	2200	11 current or planned placement is not necessary or appropriate
2201	2201	12 to facilitate achievement of the permanency goal, the court
2202	2202	13 shall put in writing the factual basis supporting its
2203	2203	14 determination and enter specific findings based on the
2204	2204	15 evidence. If the court finds that the minor's current or
2205	2205	16 planned placement is not necessary or appropriate, the court
2206	2206	17 may enter an order directing the Department to implement a
2207	2207	18 recommendation by the minor's treating clinician or a
2208	2208	19 clinician contracted by the Department to evaluate the minor
2209	2209	20 or a recommendation made by the Department. If the Department
2210	2210	21 places a minor in a placement under an order entered under this
2211	2211	22 subsection (3.5), the Department has the authority to remove
2212	2212	23 the minor from that placement when a change in circumstances
2213	2213	24 necessitates the removal to protect the minor's health,
2214	2214	25 safety, and best interest. If the Department determines
2215	2215	26 removal is necessary, the Department shall notify the parties
2216	2216
2217	2217
2218	2218
2219	2219
2220	2220
2221	2221	SB2820 - 59 - LRB103 37208 KTG 67327 b
2222	2222
2223	2223
2224	2224	SB2820- 60 -LRB103 37208 KTG 67327 b SB2820 - 60 - LRB103 37208 KTG 67327 b
2225	2225	SB2820 - 60 - LRB103 37208 KTG 67327 b
2226	2226	1 of the planned placement change in writing no later than 10
2227	2227	2 days prior to the implementation of its determination unless
2228	2228	3 remaining in the placement poses an imminent risk of harm to
2229	2229	4 the minor, in which case the Department shall notify the
2230	2230	5 parties of the placement change in writing immediately
2231	2231	6 following the implementation of its decision. The Department
2232	2232	7 shall notify others of the decision to change the minor's
2233	2233	8 placement as required by Department rule.
2234	2234	9 (4) In addition to any other order of disposition, the
2235	2235	10 court may order any minor adjudicated neglected with respect
2236	2236	11 to the minor's own injurious behavior to make restitution, in
2237	2237	12 monetary or non-monetary form, under the terms and conditions
2238	2238	13 of Section 5-5-6 of the Unified Code of Corrections, except
2239	2239	14 that the "presentence hearing" referred to therein shall be
2240	2240	15 the dispositional hearing for purposes of this Section. The
2241	2241	16 parent, guardian or legal custodian of the minor may pay some
2242	2242	17 or all of such restitution on the minor's behalf.
2243	2243	18 (5) Any order for disposition where the minor is committed
2244	2244	19 or placed in accordance with Section 2-27 shall provide for
2245	2245	20 the parents or guardian of the estate of such minor to pay to
2246	2246	21 the legal custodian or guardian of the person of the minor such
2247	2247	22 sums as are determined by the custodian or guardian of the
2248	2248	23 person of the minor as necessary for the minor's needs. Such
2249	2249	24 payments may not exceed the maximum amounts provided for by
2250	2250	25 Section 9.1 of the Children and Family Services Act.
2251	2251	26 (6) Whenever the order of disposition requires the minor
2252	2252
2253	2253
2254	2254
2255	2255
2256	2256
2257	2257	SB2820 - 60 - LRB103 37208 KTG 67327 b
2258	2258
2259	2259
2260	2260	SB2820- 61 -LRB103 37208 KTG 67327 b SB2820 - 61 - LRB103 37208 KTG 67327 b
2261	2261	SB2820 - 61 - LRB103 37208 KTG 67327 b
2262	2262	1 to attend school or participate in a program of training, the
2263	2263	2 truant officer or designated school official shall regularly
2264	2264	3 report to the court if the minor is a chronic or habitual
2265	2265	4 truant under Section 26-2a of the School Code.
2266	2266	5 (7) The court may terminate the parental rights of a
2267	2267	6 parent at the initial dispositional hearing if all of the
2268	2268	7 conditions in subsection (5) of Section 2-21 are met.
2269	2269	8 (Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
2270	2270	9 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
2271	2271	10 Sec. 2-31. Duration of wardship and discharge of
2272	2272	11 proceedings.
2273	2273	12 (1) All proceedings under Article II of this Act in
2274	2274	13 respect of any minor automatically terminate upon the minor
2275	2275	14 attaining the age of 23 21 years.
2276	2276	15 (2) Whenever the court determines, and makes written
2277	2277	16 factual findings, that health, safety, and the best interests
2278	2278	17 of the minor and the public no longer require the wardship of
2279	2279	18 the court, the court shall order the wardship terminated and
2280	2280	19 all proceedings under this Act respecting that minor finally
2281	2281	20 closed and discharged. The court may at the same time continue
2282	2282	21 or terminate any custodianship or guardianship theretofore
2283	2283	22 ordered but the termination must be made in compliance with
2284	2284	23 Section 2-28. When terminating wardship under this Section, if
2285	2285	24 the minor is over 18 or if wardship is terminated in
2286	2286	25 conjunction with an order partially or completely emancipating
2287	2287
2288	2288
2289	2289
2290	2290
2291	2291
2292	2292	SB2820 - 61 - LRB103 37208 KTG 67327 b
2293	2293
2294	2294
2295	2295	SB2820- 62 -LRB103 37208 KTG 67327 b SB2820 - 62 - LRB103 37208 KTG 67327 b
2296	2296	SB2820 - 62 - LRB103 37208 KTG 67327 b
2297	2297	1 the minor in accordance with the Emancipation of Minors Act,
2298	2298	2 the court shall also consider the following factors, in
2299	2299	3 addition to the health, safety, and best interest of the minor
2300	2300	4 and the public: (A) the minor's wishes regarding case closure;
2301	2301	5 (B) the manner in which the minor will maintain independence
2302	2302	6 without services from the Department; (C) the minor's
2303	2303	7 engagement in services including placement offered by the
2304	2304	8 Department; (D) if the minor is not engaged, the Department's
2305	2305	9 efforts to engage the minor; (E) the nature of communication
2306	2306	10 between the minor and the Department; (F) the minor's
2307	2307	11 involvement in other State systems or services; (G) the
2308	2308	12 minor's connections with family and other community support;
2309	2309	13 and (H) any other factor the court deems relevant. The minor's
2310	2310	14 lack of cooperation with services provided by the Department
2311	2311	15 of Children and Family Services shall not by itself be
2312	2312	16 considered sufficient evidence that the minor is prepared to
2313	2313	17 live independently and that it is in the best interest of the
2314	2314	18 minor to terminate wardship. It shall not be in the minor's
2315	2315	19 best interest to terminate wardship of a minor over the age of
2316	2316	20 18 who is in the guardianship of the Department of Children and
2317	2317	21 Family Services if the Department has not made reasonable
2318	2318	22 efforts to ensure that the minor has documents necessary for
2319	2319	23 adult living as provided in Section 35.10 of the Children and
2320	2320	24 Family Services Act.
2321	2321	25 (3) The wardship of the minor and any custodianship or
2322	2322	26 guardianship respecting the minor for whom a petition was
2323	2323
2324	2324
2325	2325
2326	2326
2327	2327
2328	2328	SB2820 - 62 - LRB103 37208 KTG 67327 b
2329	2329
2330	2330
2331	2331	SB2820- 63 -LRB103 37208 KTG 67327 b SB2820 - 63 - LRB103 37208 KTG 67327 b
2332	2332	SB2820 - 63 - LRB103 37208 KTG 67327 b
2333	2333	1 filed after July 24, 1991 (the effective date of Public Act
2334	2334	2 87-14) automatically terminates when the minor attains the age
2335	2335	3 of 19 years, except as set forth in subsection (1) of this
2336	2336	4 Section. The clerk of the court shall at that time record all
2337	2337	5 proceedings under this Act as finally closed and discharged
2338	2338	6 for that reason. The provisions of this subsection (3) become
2339	2339	7 inoperative on and after July 12, 2019 (the effective date of
2340	2340	8 Public Act 101-78).
2341	2341	9 (4) Notwithstanding any provision of law to the contrary,
2342	2342	10 the changes made by Public Act 101-78 apply to all cases that
2343	2343	11 are pending on or after July 12, 2019 (the effective date of
2344	2344	12 Public Act 101-78).
2345	2345	13 (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
2346	2346	14 (705 ILCS 405/2-33)
2347	2347	15 Sec. 2-33. Supplemental petition to reinstate wardship.
2348	2348	16 (1) Any time prior to a minor's 18th birthday, pursuant to
2349	2349	17 a supplemental petition filed under this Section, the court
2350	2350	18 may reinstate wardship and open a previously closed case when:
2351	2351	19 (a) wardship and guardianship under the Juvenile Court
2352	2352	20 Act of 1987 was vacated in conjunction with the
2353	2353	21 appointment of a private guardian under the Probate Act of
2354	2354	22 1975;
2355	2355	23 (b) the minor is not presently a ward of the court
2356	2356	24 under Article II of this Act nor is there a petition for
2357	2357	25 adjudication of wardship pending on behalf of the minor;
2358	2358
2359	2359
2360	2360
2361	2361
2362	2362
2363	2363	SB2820 - 63 - LRB103 37208 KTG 67327 b
2364	2364
2365	2365
2366	2366	SB2820- 64 -LRB103 37208 KTG 67327 b SB2820 - 64 - LRB103 37208 KTG 67327 b
2367	2367	SB2820 - 64 - LRB103 37208 KTG 67327 b
2368	2368	1 and
2369	2369	2 (c) it is in the minor's best interest that wardship
2370	2370	3 be reinstated.
2371	2371	4 (2) Any time prior to a minor's 23rd 21st birthday,
2372	2372	5 pursuant to a supplemental petition filed under this Section,
2373	2373	6 the court may reinstate wardship and open a previously closed
2374	2374	7 case when:
2375	2375	8 (a) wardship and guardianship under this Act was
2376	2376	9 vacated pursuant to:
2377	2377	10 (i) an order entered under subsection (2) of
2378	2378	11 Section 2-31 in the case of a minor over the age of 18;
2379	2379	12 (ii) closure of a case under subsection (2) of
2380	2380	13 Section 2-31 in the case of a minor under the age of 18
2381	2381	14 who has been partially or completely emancipated in
2382	2382	15 accordance with the Emancipation of Minors Act; or
2383	2383	16 (iii) an order entered under subsection (3) of
2384	2384	17 Section 2-31 based on the minor's attaining the age of
2385	2385	18 19 years before the effective date of this amendatory
2386	2386	19 Act of the 101st General Assembly;
2387	2387	20 (b) the minor is not presently a ward of the court
2388	2388	21 under Article II of this Act nor is there a petition for
2389	2389	22 adjudication of wardship pending on behalf of the minor;
2390	2390	23 and
2391	2391	24 (c) it is in the minor's best interest that wardship
2392	2392	25 be reinstated.
2393	2393	26 (3) The supplemental petition must be filed in the same
2394	2394
2395	2395
2396	2396
2397	2397
2398	2398
2399	2399	SB2820 - 64 - LRB103 37208 KTG 67327 b
2400	2400
2401	2401
2402	2402	SB2820- 65 -LRB103 37208 KTG 67327 b SB2820 - 65 - LRB103 37208 KTG 67327 b
2403	2403	SB2820 - 65 - LRB103 37208 KTG 67327 b
2404	2404	1 proceeding in which the original adjudication order was
2405	2405	2 entered. Unless excused by court for good cause shown, the
2406	2406	3 petitioner shall give notice of the time and place of the
2407	2407	4 hearing on the supplemental petition, in person or by mail, to
2408	2408	5 the minor, if the minor is 14 years of age or older, and to the
2409	2409	6 parties to the juvenile court proceeding. Notice shall be
2410	2410	7 provided at least 3 court days in advance of the hearing date.
2411	2411	8 (3.5) Whenever a petition is filed to reinstate wardship
2412	2412	9 pursuant to subsection (1), prior to granting the petition,
2413	2413	10 the court may order the Department of Children and Family
2414	2414	11 Services to assess the minor's current and proposed living
2415	2415	12 arrangements and to provide ongoing monitoring of the health,
2416	2416	13 safety, and best interest of the minor during the pendency of
2417	2417	14 the petition to assist the court in making that determination.
2418	2418	15 (4) A minor who is the subject of a petition to reinstate
2419	2419	16 wardship under this Section shall be provided with
2420	2420	17 representation in accordance with Sections 1-5 and 2-17 of
2421	2421	18 this Act.
2422	2422	19 (5) Whenever a minor is committed to the Department of
2423	2423	20 Children and Family Services for care and services following
2424	2424	21 the reinstatement of wardship under this Section, the
2425	2425	22 Department shall:
2426	2426	23 (a) Within 30 days of such commitment, prepare and
2427	2427	24 file with the court a case plan which complies with the
2428	2428	25 federal Adoption Assistance and Child Welfare Act of 1980
2429	2429	26 and is consistent with the health, safety and best
2430	2430
2431	2431
2432	2432
2433	2433
2434	2434
2435	2435	SB2820 - 65 - LRB103 37208 KTG 67327 b
2436	2436
2437	2437
2438	2438	SB2820- 66 -LRB103 37208 KTG 67327 b SB2820 - 66 - LRB103 37208 KTG 67327 b
2439	2439	SB2820 - 66 - LRB103 37208 KTG 67327 b
2440	2440	1 interests of the minor; and
2441	2441	2 (b) Promptly refer the minor for such services as are
2442	2442	3 necessary and consistent with the minor's health, safety
2443	2443	4 and best interests.
2444	2444	5 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
2445	2445	6 (705 ILCS 405/2-34)
2446	2446	7 Sec. 2-34. Motion to reinstate parental rights.
2447	2447	8 (1) For purposes of this subsection (1), the term "parent"
2448	2448	9 refers to the person or persons whose rights were terminated
2449	2449	10 as described in paragraph (a) of this subsection; and the term
2450	2450	11 "minor" means a person under the age of 23 21 years subject to
2451	2451	12 this Act for whom the Department of Children and Family
2452	2452	13 Services Guardianship Administrator is appointed the temporary
2453	2453	14 custodian or guardian.
2454	2454	15 A motion to reinstate parental rights may be filed only by
2455	2455	16 the Department of Children and Family Services or the minor
2456	2456	17 regarding any minor who is presently a ward of the court under
2457	2457	18 Article II of this Act when all the conditions set out in
2458	2458	19 paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
2459	2459	20 subsection (1) are met:
2460	2460	21 (a) while the minor was under the jurisdiction of the
2461	2461	22 court under Article II of this Act, the minor's parent or
2462	2462	23 parents surrendered the minor for adoption to an agency
2463	2463	24 legally authorized to place children for adoption, or the
2464	2464	25 minor's parent or parents consented to the minor's
2465	2465
2466	2466
2467	2467
2468	2468
2469	2469
2470	2470	SB2820 - 66 - LRB103 37208 KTG 67327 b
2471	2471
2472	2472
2473	2473	SB2820- 67 -LRB103 37208 KTG 67327 b SB2820 - 67 - LRB103 37208 KTG 67327 b
2474	2474	SB2820 - 67 - LRB103 37208 KTG 67327 b
2475	2475	1 adoption, or the minor's parent or parents consented to
2476	2476	2 the minor's adoption by a specified person or persons, or
2477	2477	3 the parent or parents' rights were terminated pursuant to
2478	2478	4 a finding of unfitness pursuant to Section 2-29 of this
2479	2479	5 Act and a guardian was appointed with the power to consent
2480	2480	6 to adoption pursuant to Section 2-29 of this Act; and
2481	2481	7 (b) (i) since the signing of the surrender, the
2482	2482	8 signing of the consent, or the unfitness finding, the
2483	2483	9 minor has remained a ward of the Court under Article II of
2484	2484	10 this Act; or
2485	2485	11 (ii) the minor was made a ward of the Court, the minor
2486	2486	12 was placed in the private guardianship of an individual or
2487	2487	13 individuals, and after the appointment of a private
2488	2488	14 guardian and a new petition alleging abuse, neglect, or
2489	2489	15 dependency pursuant to Section 2-3 or 2-4 is filed, and
2490	2490	16 the minor is again found by the court to be abused,
2491	2491	17 neglected or dependent; or a supplemental petition to
2492	2492	18 reinstate wardship is filed pursuant to Section 2-33, and
2493	2493	19 the court reinstates wardship; or
2494	2494	20 (iii) the minor was made a ward of the Court, wardship
2495	2495	21 was terminated after the minor was adopted, after the
2496	2496	22 adoption a new petition alleging abuse, neglect, or
2497	2497	23 dependency pursuant to Section 2-3 or 2-4 is filed, and
2498	2498	24 the minor is again found by the court to be abused,
2499	2499	25 neglected, or dependent, and either (i) the adoptive
2500	2500	26 parent or parents are deceased, (ii) the adoptive parent
2501	2501
2502	2502
2503	2503
2504	2504
2505	2505
2506	2506	SB2820 - 67 - LRB103 37208 KTG 67327 b
2507	2507
2508	2508
2509	2509	SB2820- 68 -LRB103 37208 KTG 67327 b SB2820 - 68 - LRB103 37208 KTG 67327 b
2510	2510	SB2820 - 68 - LRB103 37208 KTG 67327 b
2511	2511	1 or parents signed a surrender of parental rights, or (iii)
2512	2512	2 the parental rights of the adoptive parent or parents were
2513	2513	3 terminated;
2514	2514	4 (c) the minor is not currently in a placement likely
2515	2515	5 to achieve permanency;
2516	2516	6 (d) it is in the minor's best interest that parental
2517	2517	7 rights be reinstated;
2518	2518	8 (e) the parent named in the motion wishes parental
2519	2519	9 rights to be reinstated and is currently appropriate to
2520	2520	10 have rights reinstated;
2521	2521	11 (f) more than 3 years have lapsed since the signing of
2522	2522	12 the consent or surrender, or the entry of the order
2523	2523	13 appointing a guardian with the power to consent to
2524	2524	14 adoption;
2525	2525	15 (g) (i) the child is 13 years of age or older or (ii)
2526	2526	16 the child is the younger sibling of such child, 13 years of
2527	2527	17 age or older, for whom reinstatement of parental rights is
2528	2528	18 being sought and the younger sibling independently meets
2529	2529	19 the criteria set forth in paragraphs (a) through (h) of
2530	2530	20 this subsection; and
2531	2531	21 (h) if the court has previously denied a motion to
2532	2532	22 reinstate parental rights filed by the Department, there
2533	2533	23 has been a substantial change in circumstances following
2534	2534	24 the denial of the earlier motion.
2535	2535	25 (2) The motion may be filed only by the Department of
2536	2536	26 Children and Family Services or by the minor. Unless excused
2537	2537
2538	2538
2539	2539
2540	2540
2541	2541
2542	2542	SB2820 - 68 - LRB103 37208 KTG 67327 b
2543	2543
2544	2544
2545	2545	SB2820- 69 -LRB103 37208 KTG 67327 b SB2820 - 69 - LRB103 37208 KTG 67327 b
2546	2546	SB2820 - 69 - LRB103 37208 KTG 67327 b
2547	2547	1 by the court for good cause shown, the movant shall give notice
2548	2548	2 of the time and place of the hearing on the motion, in person
2549	2549	3 or by mail, to the parties to the juvenile court proceeding.
2550	2550	4 Notice shall be provided at least 14 days in advance of the
2551	2551	5 hearing date. The motion shall include the allegations
2552	2552	6 required in subsection (1) of this Section.
2553	2553	7 (3) Any party may file a motion to dismiss the motion with
2554	2554	8 prejudice on the basis that the parent has intentionally acted
2555	2555	9 to prevent the child from being adopted, after parental rights
2556	2556	10 were terminated or the parent intentionally acted to disrupt
2557	2557	11 the child's adoption. If the court finds by a preponderance of
2558	2558	12 the evidence that the parent has intentionally acted to
2559	2559	13 prevent the child from being adopted, after parental rights
2560	2560	14 were terminated or that the parent intentionally acted to
2561	2561	15 disrupt the child's adoption, the court shall dismiss the
2562	2562	16 petition with prejudice.
2563	2563	17 (4) The court shall not grant a motion for reinstatement
2564	2564	18 of parental rights unless the court finds that the motion is
2565	2565	19 supported by clear and convincing evidence. In ruling on a
2566	2566	20 motion to reinstate parental rights, the court shall make
2567	2567	21 findings consistent with the requirements in subsection (1) of
2568	2568	22 this Section. The court shall consider the reasons why the
2569	2569	23 child was initially brought to the attention of the court, the
2570	2570	24 history of the child's case as it relates to the parent seeking
2571	2571	25 reinstatement, and the current circumstances of the parent for
2572	2572	26 whom reinstatement of rights is sought. If reinstatement is
2573	2573
2574	2574
2575	2575
2576	2576
2577	2577
2578	2578	SB2820 - 69 - LRB103 37208 KTG 67327 b
2579	2579
2580	2580
2581	2581	SB2820- 70 -LRB103 37208 KTG 67327 b SB2820 - 70 - LRB103 37208 KTG 67327 b
2582	2582	SB2820 - 70 - LRB103 37208 KTG 67327 b
2583	2583	1 being considered subsequent to a finding of unfitness pursuant
2584	2584	2 to Section 2-29 of this Act having been entered with respect to
2585	2585	3 the parent whose rights are being restored, the court in
2586	2586	4 determining the minor's best interest shall consider, in
2587	2587	5 addition to the factors set forth in paragraph (4.05) of
2588	2588	6 Section 1-3 of this Act, the specific grounds upon which the
2589	2589	7 unfitness findings were made. Upon the entry of an order
2590	2590	8 granting a motion to reinstate parental rights, parental
2591	2591	9 rights of the parent named in the order shall be reinstated,
2592	2592	10 any previous order appointing a guardian with the power to
2593	2593	11 consent to adoption shall be void and with respect to the
2594	2594	12 parent named in the order, any consent shall be void.
2595	2595	13 (5) If the case is post-disposition, the court, upon the
2596	2596	14 entry of an order granting a motion to reinstate parental
2597	2597	15 rights, shall schedule the matter for a permanency hearing
2598	2598	16 pursuant to Section 2-28 of this Act within 45 days.
2599	2599	17 (6) Custody of the minor shall not be restored to the
2600	2600	18 parent, except by order of court pursuant to subsection (4) of
2601	2601	19 Section 2-28 of this Act.
2602	2602	20 (7) In any case involving a child over the age of 13 who
2603	2603	21 meets the criteria established in this Section for
2604	2604	22 reinstatement of parental rights, the Department of Children
2605	2605	23 and Family Services shall conduct an assessment of the child's
2606	2606	24 circumstances to assist in future planning for the child,
2607	2607	25 including, but not limited to a determination regarding the
2608	2608	26 appropriateness of filing a motion to reinstate parental
2609	2609
2610	2610
2611	2611
2612	2612
2613	2613
2614	2614	SB2820 - 70 - LRB103 37208 KTG 67327 b
2615	2615
2616	2616
2617	2617	SB2820- 71 -LRB103 37208 KTG 67327 b SB2820 - 71 - LRB103 37208 KTG 67327 b
2618	2618	SB2820 - 71 - LRB103 37208 KTG 67327 b
2619	2619
2620	2620
2621	2621
2622	2622
2623	2623
2624	2624	SB2820 - 71 - LRB103 37208 KTG 67327 b