Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3697 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 SB3697 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index Amends the Children and Family Services Act. Requires the Department of Children and Family Services to coordinate the services of multidisciplinary child protection investigation teams to respond to child sexual abuse and sex trafficking reports made to the Department. Provides that at least one multidisciplinary child protection investigation team shall be organized in each county. Requires the State's Attorney of each county to annually report to the General Assembly on the status and progress of the team in the State's Attorney's county. Contains provisions concerning the establishment of a procedure and format for data collection; the composition of each multidisciplinary child protection investigation team; child sex abuse and sex trafficking investigations; supportive services referrals and psychological treatment for trafficked children and their families; and other matters. Requires the Department to work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to child welfare agencies in the identification, intervention, prevention, and treatment of human trafficking victims. Extends foster care and related services to person under the age of 23. Amends the Illinois State Police Law. Requires the Illinois State Police to develop and deliver a course of instruction designed for Departments, agencies, or associations that are likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Amends the Child Care Act of 1969. Adds to the list of facilities regulated under the Act, residential facilities that provide specialized comprehensive treatment and support services to children and youth who are identified as victims of sex trafficking. Amends the Unified Code of Corrections. Requires moneys in the Specialized Services for Survivors of Human Trafficking Fund to be used to provide medical care, mental health and substance abuse care, nutritional counseling, job training, transportation, and other basic human needs to victims of prostitution and human trafficking. Makes other conforming changes related to extended foster care. Effective immediately. LRB103 36730 KTG 66840 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3697 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: See Index See Index Amends the Children and Family Services Act. Requires the Department of Children and Family Services to coordinate the services of multidisciplinary child protection investigation teams to respond to child sexual abuse and sex trafficking reports made to the Department. Provides that at least one multidisciplinary child protection investigation team shall be organized in each county. Requires the State's Attorney of each county to annually report to the General Assembly on the status and progress of the team in the State's Attorney's county. Contains provisions concerning the establishment of a procedure and format for data collection; the composition of each multidisciplinary child protection investigation team; child sex abuse and sex trafficking investigations; supportive services referrals and psychological treatment for trafficked children and their families; and other matters. Requires the Department to work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to child welfare agencies in the identification, intervention, prevention, and treatment of human trafficking victims. Extends foster care and related services to person under the age of 23. Amends the Illinois State Police Law. Requires the Illinois State Police to develop and deliver a course of instruction designed for Departments, agencies, or associations that are likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Amends the Child Care Act of 1969. Adds to the list of facilities regulated under the Act, residential facilities that provide specialized comprehensive treatment and support services to children and youth who are identified as victims of sex trafficking. Amends the Unified Code of Corrections. Requires moneys in the Specialized Services for Survivors of Human Trafficking Fund to be used to provide medical care, mental health and substance abuse care, nutritional counseling, job training, transportation, and other basic human needs to victims of prostitution and human trafficking. Makes other conforming changes related to extended foster care. Effective immediately. LRB103 36730 KTG 66840 b LRB103 36730 KTG 66840 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3697 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Children and Family Services Act. Requires the Department of Children and Family Services to coordinate the services of multidisciplinary child protection investigation teams to respond to child sexual abuse and sex trafficking reports made to the Department. Provides that at least one multidisciplinary child protection investigation team shall be organized in each county. Requires the State's Attorney of each county to annually report to the General Assembly on the status and progress of the team in the State's Attorney's county. Contains provisions concerning the establishment of a procedure and format for data collection; the composition of each multidisciplinary child protection investigation team; child sex abuse and sex trafficking investigations; supportive services referrals and psychological treatment for trafficked children and their families; and other matters. Requires the Department to work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to child welfare agencies in the identification, intervention, prevention, and treatment of human trafficking victims. Extends foster care and related services to person under the age of 23. Amends the Illinois State Police Law. Requires the Illinois State Police to develop and deliver a course of instruction designed for Departments, agencies, or associations that are likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Amends the Child Care Act of 1969. Adds to the list of facilities regulated under the Act, residential facilities that provide specialized comprehensive treatment and support services to children and youth who are identified as victims of sex trafficking. Amends the Unified Code of Corrections. Requires moneys in the Specialized Services for Survivors of Human Trafficking Fund to be used to provide medical care, mental health and substance abuse care, nutritional counseling, job training, transportation, and other basic human needs to victims of prostitution and human trafficking. Makes other conforming changes related to extended foster care. Effective immediately.
6	6	LRB103 36730 KTG 66840 b LRB103 36730 KTG 66840 b
7	7	LRB103 36730 KTG 66840 b
8	8	A BILL FOR
9	9	SB3697LRB103 36730 KTG 66840 b SB3697 LRB103 36730 KTG 66840 b
10	10	SB3697 LRB103 36730 KTG 66840 b
11	11	1 AN ACT concerning human trafficking victims.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Identification Card Act is amended
15	15	5 by changing Section 12 as follows:
16	16	6 (15 ILCS 335/12) (from Ch. 124, par. 32)
17	17	7 Sec. 12. Fees concerning standard Illinois Identification
18	18	8 Cards. The fees required under this Act for standard Illinois
19	19	9 Identification Cards must accompany any application provided
20	20	10 for in this Act, and the Secretary shall collect such fees as
21	21	11 follows:
22	22	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
23	23	12 a. Original card................................ $20
24	24	13 b. Renewal card................................. 20
25	25	14 c. Corrected card............................... 10
26	26	15 d. Duplicate card............................... 20
27	27	16 e. Certified copy with seal .................... 5
28	28	17 f. (Blank)
29	29	18 g. Applicant 65 years of age or over ........... No Fee
30	30	19 h. (Blank)
31	31	20 i. Individual living in Veterans
32	32	21 Home or Hospital ........................... No Fee
33	33	22 j. Original card under 18 years of age.......... $5
34	34	23 k. Renewal card under 18 years of age........... $5
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3697 Introduced 2/9/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
39	39	See Index See Index
40	40	See Index
41	41	Amends the Children and Family Services Act. Requires the Department of Children and Family Services to coordinate the services of multidisciplinary child protection investigation teams to respond to child sexual abuse and sex trafficking reports made to the Department. Provides that at least one multidisciplinary child protection investigation team shall be organized in each county. Requires the State's Attorney of each county to annually report to the General Assembly on the status and progress of the team in the State's Attorney's county. Contains provisions concerning the establishment of a procedure and format for data collection; the composition of each multidisciplinary child protection investigation team; child sex abuse and sex trafficking investigations; supportive services referrals and psychological treatment for trafficked children and their families; and other matters. Requires the Department to work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to child welfare agencies in the identification, intervention, prevention, and treatment of human trafficking victims. Extends foster care and related services to person under the age of 23. Amends the Illinois State Police Law. Requires the Illinois State Police to develop and deliver a course of instruction designed for Departments, agencies, or associations that are likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Amends the Child Care Act of 1969. Adds to the list of facilities regulated under the Act, residential facilities that provide specialized comprehensive treatment and support services to children and youth who are identified as victims of sex trafficking. Amends the Unified Code of Corrections. Requires moneys in the Specialized Services for Survivors of Human Trafficking Fund to be used to provide medical care, mental health and substance abuse care, nutritional counseling, job training, transportation, and other basic human needs to victims of prostitution and human trafficking. Makes other conforming changes related to extended foster care. Effective immediately.
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43	43	LRB103 36730 KTG 66840 b
44	44	A BILL FOR
45	45
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49	49
50	50	See Index
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67	67	12 a. Original card................................ $20
68	68	13 b. Renewal card................................. 20
69	69	14 c. Corrected card............................... 10
70	70	15 d. Duplicate card............................... 20
71	71	16 e. Certified copy with seal .................... 5
72	72	17 f. (Blank)
73	73	18 g. Applicant 65 years of age or over ........... No Fee
74	74	19 h. (Blank)
75	75	20 i. Individual living in Veterans
76	76	21 Home or Hospital ........................... No Fee
77	77	22 j. Original card under 18 years of age.......... $5
78	78	23 k. Renewal card under 18 years of age........... $5
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80	80
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83	83	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
84	84	1 l. Corrected card under 18 years of age......... $5
85	85	2 m. Duplicate card under 18 years of age......... $5
86	86	3 n. Homeless person.............................. No Fee
87	87	4 o. Duplicate card issued to an active-duty
88	88	5 member of the United States Armed Forces,
89	89	6 the member's spouse, or dependent
90	90	7 children living with the member............. No Fee
91	91	8 p. Duplicate temporary card..................... $5
92	92	9 q. First card issued to a youth
93	93	10 for whom the Department of Children
94	94	11 and Family Services is legally responsible
95	95	12 or a foster child upon turning the age of
96	96	13 16 years old until he or she reaches
97	97	14 the age of 23 21 years old................... No Fee
98	98	15 r. Original card issued to a committed
99	99	16 person upon release on parole,
100	100	17 mandatory supervised release,
101	101	18 aftercare release, final
102	102	19 discharge, or pardon from the
103	103	20 Department of Corrections or
104	104	21 Department of Juvenile Justice.............. No Fee
105	105	22 s. Limited-term Illinois Identification
106	106	23 Card issued to a committed person
107	107	24 upon release on parole, mandatory
108	108	25 supervised release, aftercare
109	109	26 release, final discharge, or pardon
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117	117	1 l. Corrected card under 18 years of age......... $5
118	118	2 m. Duplicate card under 18 years of age......... $5
119	119	3 n. Homeless person.............................. No Fee
120	120	4 o. Duplicate card issued to an active-duty
121	121	5 member of the United States Armed Forces,
122	122	6 the member's spouse, or dependent
123	123	7 children living with the member............. No Fee
124	124	8 p. Duplicate temporary card..................... $5
125	125	9 q. First card issued to a youth
126	126	10 for whom the Department of Children
127	127	11 and Family Services is legally responsible
128	128	12 or a foster child upon turning the age of
129	129	13 16 years old until he or she reaches
130	130	14 the age of 23 21 years old................... No Fee
131	131	15 r. Original card issued to a committed
132	132	16 person upon release on parole,
133	133	17 mandatory supervised release,
134	134	18 aftercare release, final
135	135	19 discharge, or pardon from the
136	136	20 Department of Corrections or
137	137	21 Department of Juvenile Justice.............. No Fee
138	138	22 s. Limited-term Illinois Identification
139	139	23 Card issued to a committed person
140	140	24 upon release on parole, mandatory
141	141	25 supervised release, aftercare
142	142	26 release, final discharge, or pardon
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147	147	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
148	148	1 from the Department of
149	149	2 Corrections or Department of
150	150	3 Juvenile Justice............................ No Fee
151	151	4 t. Original card issued to a
152	152	5 person up to 14 days prior
153	153	6 to or upon conditional release
154	154	7 or absolute discharge from
155	155	8 the Department of Human Services............ No Fee
156	156	9 u. Limited-term Illinois Identification
157	157	10 Card issued to a person up to
158	158	11 14 days prior to or upon
159	159	12 conditional release or absolute discharge
160	160	13 from the Department of Human Services....... No Fee
161	161	14 All fees collected under this Act shall be paid into the
162	162	15 Road Fund of the State treasury, except that the following
163	163	16 amounts shall be paid into the General Revenue Fund: (i) 80% of
164	164	17 the fee for an original, renewal, or duplicate Illinois
165	165	18 Identification Card issued on or after January 1, 2005; and
166	166	19 (ii) 80% of the fee for a corrected Illinois Identification
167	167	20 Card issued on or after January 1, 2005.
168	168	21 An individual, who resides in a veterans home or veterans
169	169	22 hospital operated by the State or federal government, who
170	170	23 makes an application for an Illinois Identification Card to be
171	171	24 issued at no fee, must submit, along with the application, an
172	172	25 affirmation by the applicant on a form provided by the
173	173	26 Secretary of State, that such person resides in a veterans
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181	181	1 from the Department of
182	182	2 Corrections or Department of
183	183	3 Juvenile Justice............................ No Fee
184	184	4 t. Original card issued to a
185	185	5 person up to 14 days prior
186	186	6 to or upon conditional release
187	187	7 or absolute discharge from
188	188	8 the Department of Human Services............ No Fee
189	189	9 u. Limited-term Illinois Identification
190	190	10 Card issued to a person up to
191	191	11 14 days prior to or upon
192	192	12 conditional release or absolute discharge
193	193	13 from the Department of Human Services....... No Fee
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198	198	1 home or veterans hospital operated by the State or federal
199	199	2 government.
200	200	3 The application of a homeless individual for an Illinois
201	201	4 Identification Card to be issued at no fee must be accompanied
202	202	5 by an affirmation by a qualified person, as defined in Section
203	203	6 4C of this Act, on a form provided by the Secretary of State,
204	204	7 that the applicant is currently homeless as defined in Section
205	205	8 1A of this Act.
206	206	9 For the application for the first Illinois Identification
207	207	10 Card of a youth for whom the Department of Children and Family
208	208	11 Services is legally responsible or a foster child to be issued
209	209	12 at no fee, the youth must submit, along with the application,
210	210	13 an affirmation by his or her court appointed attorney or an
211	211	14 employee of the Department of Children and Family Services on
212	212	15 a form provided by the Secretary of State, that the person is a
213	213	16 youth for whom the Department of Children and Family Services
214	214	17 is legally responsible or a foster child.
215	215	18 The fee for any duplicate identification card shall be
216	216	19 waived for any person who presents the Secretary of State's
217	217	20 Office with a police report showing that his or her
218	218	21 identification card was stolen.
219	219	22 The fee for any duplicate identification card shall be
220	220	23 waived for any person age 60 or older whose identification
221	221	24 card has been lost or stolen.
222	222	25 As used in this Section, "active-duty member of the United
223	223	26 States Armed Forces" means a member of the Armed Services or
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234	234	1 Reserve Forces of the United States or a member of the Illinois
235	235	2 National Guard who is called to active duty pursuant to an
236	236	3 executive order of the President of the United States, an act
237	237	4 of the Congress of the United States, or an order of the
238	238	5 Governor.
239	239	6 (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
240	240	7 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
241	241	8 1-1-20.)
242	242	9 Section 10. The Children and Family Services Act is
243	243	10 amended by changing Section 5 and by adding Sections 5.06 and
244	244	11 5.07 as follows:
245	245	12 (20 ILCS 505/5)
246	246	13 Sec. 5. Direct child welfare services; Department of
247	247	14 Children and Family Services. To provide direct child welfare
248	248	15 services when not available through other public or private
249	249	16 child care or program facilities.
250	250	17 (a) For purposes of this Section:
251	251	18 (1) "Children" means persons found within the State
252	252	19 who are under the age of 18 years. The term also includes
253	253	20 persons under age 23 21 who:
254	254	21 (A) were committed to the Department pursuant to
255	255	22 the Juvenile Court Act or the Juvenile Court Act of
256	256	23 1987 and who continue under the jurisdiction of the
257	257	24 court; or
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268	268	1 (B) were accepted for care, service and training
269	269	2 by the Department prior to the age of 18 and whose best
270	270	3 interest in the discretion of the Department would be
271	271	4 served by continuing that care, service and training
272	272	5 because of severe emotional disturbances, physical
273	273	6 disability, social adjustment or any combination
274	274	7 thereof, or because of the need to complete an
275	275	8 educational or vocational training program, or because
276	276	9 the person was involved in commercial sexual
277	277	10 exploitation such as prostitution, human trafficking,
278	278	11 escort services, pornography, dancing, or working in a
279	279	12 strip club or gentlemen's club, or in other activities
280	280	13 described in the federal definition of "severe forms
281	281	14 of trafficking in persons" at 22 U.S.C. 7102(11)(A).
282	282	15 (2) "Homeless youth" means persons found within the
283	283	16 State who are under the age of 19, are not in a safe and
284	284	17 stable living situation and cannot be reunited with their
285	285	18 families.
286	286	19 (3) "Child welfare services" means public social
287	287	20 services which are directed toward the accomplishment of
288	288	21 the following purposes:
289	289	22 (A) protecting and promoting the health, safety
290	290	23 and welfare of children, including homeless,
291	291	24 dependent, or neglected children;
292	292	25 (B) remedying, or assisting in the solution of
293	293	26 problems which may result in, the neglect, abuse,
294	294
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304	304	1 exploitation, or delinquency of children;
305	305	2 (C) preventing the unnecessary separation of
306	306	3 children from their families by identifying family
307	307	4 problems, assisting families in resolving their
308	308	5 problems, and preventing the breakup of the family
309	309	6 where the prevention of child removal is desirable and
310	310	7 possible when the child can be cared for at home
311	311	8 without endangering the child's health and safety;
312	312	9 (D) restoring to their families children who have
313	313	10 been removed, by the provision of services to the
314	314	11 child and the families when the child can be cared for
315	315	12 at home without endangering the child's health and
316	316	13 safety;
317	317	14 (E) placing children in suitable permanent family
318	318	15 arrangements, through guardianship or adoption, in
319	319	16 cases where restoration to the birth family is not
320	320	17 safe, possible, or appropriate;
321	321	18 (F) at the time of placement, conducting
322	322	19 concurrent planning, as described in subsection (l-1)
323	323	20 of this Section, so that permanency may occur at the
324	324	21 earliest opportunity. Consideration should be given so
325	325	22 that if reunification fails or is delayed, the
326	326	23 placement made is the best available placement to
327	327	24 provide permanency for the child;
328	328	25 (G) (blank);
329	329	26 (H) (blank); and
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340	340	1 (I) placing and maintaining children in facilities
341	341	2 that provide separate living quarters for children
342	342	3 under the age of 18 and for children 18 years of age
343	343	4 and older, unless a child 18 years of age is in the
344	344	5 last year of high school education or vocational
345	345	6 training, in an approved individual or group treatment
346	346	7 program, in a licensed shelter facility, or secure
347	347	8 child care facility. The Department is not required to
348	348	9 place or maintain children:
349	349	10 (i) who are in a foster home, or
350	350	11 (ii) who are persons with a developmental
351	351	12 disability, as defined in the Mental Health and
352	352	13 Developmental Disabilities Code, or
353	353	14 (iii) who are female children who are
354	354	15 pregnant, pregnant and parenting, or parenting, or
355	355	16 (iv) who are siblings, in facilities that
356	356	17 provide separate living quarters for children 18
357	357	18 years of age and older and for children under 18
358	358	19 years of age.
359	359	20 (b) (Blank).
360	360	21 (b-5) The Department shall adopt rules to establish a
361	361	22 process for all licensed residential providers in Illinois to
362	362	23 submit data as required by the Department, if they contract or
363	363	24 receive reimbursement for children's mental health, substance
364	364	25 use, and developmental disability services from the Department
365	365	26 of Human Services, the Department of Juvenile Justice, or the
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376	376	1 Department of Healthcare and Family Services. The requested
377	377	2 data must include, but is not limited to, capacity, staffing,
378	378	3 and occupancy data for the purpose of establishing State need
379	379	4 and placement availability.
380	380	5 All information collected, shared, or stored pursuant to
381	381	6 this subsection shall be handled in accordance with all State
382	382	7 and federal privacy laws and accompanying regulations and
383	383	8 rules, including without limitation the federal Health
384	384	9 Insurance Portability and Accountability Act of 1996 (Public
385	385	10 Law 104-191) and the Mental Health and Developmental
386	386	11 Disabilities Confidentiality Act.
387	387	12 (c) The Department shall establish and maintain
388	388	13 tax-supported child welfare services and extend and seek to
389	389	14 improve voluntary services throughout the State, to the end
390	390	15 that services and care shall be available on an equal basis
391	391	16 throughout the State to children requiring such services.
392	392	17 (d) The Director may authorize advance disbursements for
393	393	18 any new program initiative to any agency contracting with the
394	394	19 Department. As a prerequisite for an advance disbursement, the
395	395	20 contractor must post a surety bond in the amount of the advance
396	396	21 disbursement and have a purchase of service contract approved
397	397	22 by the Department. The Department may pay up to 2 months
398	398	23 operational expenses in advance. The amount of the advance
399	399	24 disbursement shall be prorated over the life of the contract
400	400	25 or the remaining months of the fiscal year, whichever is less,
401	401	26 and the installment amount shall then be deducted from future
402	402
403	403
404	404
405	405
406	406
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408	408
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412	412	1 bills. Advance disbursement authorizations for new initiatives
413	413	2 shall not be made to any agency after that agency has operated
414	414	3 during 2 consecutive fiscal years. The requirements of this
415	415	4 Section concerning advance disbursements shall not apply with
416	416	5 respect to the following: payments to local public agencies
417	417	6 for child day care services as authorized by Section 5a of this
418	418	7 Act; and youth service programs receiving grant funds under
419	419	8 Section 17a-4.
420	420	9 (e) (Blank).
421	421	10 (f) (Blank).
422	422	11 (g) The Department shall establish rules and regulations
423	423	12 concerning its operation of programs designed to meet the
424	424	13 goals of child safety and protection, family preservation,
425	425	14 family reunification, and adoption, including, but not limited
426	426	15 to:
427	427	16 (1) adoption;
428	428	17 (2) foster care;
429	429	18 (3) family counseling;
430	430	19 (4) protective services;
431	431	20 (5) (blank);
432	432	21 (6) homemaker service;
433	433	22 (7) return of runaway children;
434	434	23 (8) (blank);
435	435	24 (9) placement under Section 5-7 of the Juvenile Court
436	436	25 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
437	437	26 Court Act of 1987 in accordance with the federal Adoption
438	438
439	439
440	440
441	441
442	442
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444	444
445	445
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447	447	SB3697 - 11 - LRB103 36730 KTG 66840 b
448	448	1 Assistance and Child Welfare Act of 1980; and
449	449	2 (10) interstate services.
450	450	3 Rules and regulations established by the Department shall
451	451	4 include provisions for training Department staff and the staff
452	452	5 of Department grantees, through contracts with other agencies
453	453	6 or resources, in screening techniques to identify substance
454	454	7 use disorders, as defined in the Substance Use Disorder Act,
455	455	8 approved by the Department of Human Services, as a successor
456	456	9 to the Department of Alcoholism and Substance Abuse, for the
457	457	10 purpose of identifying children and adults who should be
458	458	11 referred for an assessment at an organization appropriately
459	459	12 licensed by the Department of Human Services for substance use
460	460	13 disorder treatment.
461	461	14 (h) If the Department finds that there is no appropriate
462	462	15 program or facility within or available to the Department for
463	463	16 a youth in care and that no licensed private facility has an
464	464	17 adequate and appropriate program or none agrees to accept the
465	465	18 youth in care, the Department shall create an appropriate
466	466	19 individualized, program-oriented plan for such youth in care.
467	467	20 The plan may be developed within the Department or through
468	468	21 purchase of services by the Department to the extent that it is
469	469	22 within its statutory authority to do.
470	470	23 (i) Service programs shall be available throughout the
471	471	24 State and shall include but not be limited to the following
472	472	25 services:
473	473	26 (1) case management;
474	474
475	475
476	476
477	477
478	478
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480	480
481	481
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483	483	SB3697 - 12 - LRB103 36730 KTG 66840 b
484	484	1 (2) homemakers;
485	485	2 (3) counseling;
486	486	3 (4) parent education;
487	487	4 (5) day care; and
488	488	5 (6) emergency assistance and advocacy.
489	489	6 In addition, the following services may be made available
490	490	7 to assess and meet the needs of children and families:
491	491	8 (1) comprehensive family-based services;
492	492	9 (2) assessments;
493	493	10 (3) respite care; and
494	494	11 (4) in-home health services.
495	495	12 The Department shall provide transportation for any of the
496	496	13 services it makes available to children or families or for
497	497	14 which it refers children or families.
498	498	15 (j) The Department may provide categories of financial
499	499	16 assistance and education assistance grants, and shall
500	500	17 establish rules and regulations concerning the assistance and
501	501	18 grants, to persons who adopt children with physical or mental
502	502	19 disabilities, children who are older, or other hard-to-place
503	503	20 children who (i) immediately prior to their adoption were
504	504	21 youth in care or (ii) were determined eligible for financial
505	505	22 assistance with respect to a prior adoption and who become
506	506	23 available for adoption because the prior adoption has been
507	507	24 dissolved and the parental rights of the adoptive parents have
508	508	25 been terminated or because the child's adoptive parents have
509	509	26 died. The Department may continue to provide financial
510	510
511	511
512	512
513	513
514	514
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516	516
517	517
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519	519	SB3697 - 13 - LRB103 36730 KTG 66840 b
520	520	1 assistance and education assistance grants for a child who was
521	521	2 determined eligible for financial assistance under this
522	522	3 subsection (j) in the interim period beginning when the
523	523	4 child's adoptive parents died and ending with the finalization
524	524	5 of the new adoption of the child by another adoptive parent or
525	525	6 parents. The Department may also provide categories of
526	526	7 financial assistance and education assistance grants, and
527	527	8 shall establish rules and regulations for the assistance and
528	528	9 grants, to persons appointed guardian of the person under
529	529	10 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
530	530	11 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
531	531	12 who were youth in care for 12 months immediately prior to the
532	532	13 appointment of the guardian.
533	533	14 The amount of assistance may vary, depending upon the
534	534	15 needs of the child and the adoptive parents, as set forth in
535	535	16 the annual assistance agreement. Special purpose grants are
536	536	17 allowed where the child requires special service but such
537	537	18 costs may not exceed the amounts which similar services would
538	538	19 cost the Department if it were to provide or secure them as
539	539	20 guardian of the child.
540	540	21 Any financial assistance provided under this subsection is
541	541	22 inalienable by assignment, sale, execution, attachment,
542	542	23 garnishment, or any other remedy for recovery or collection of
543	543	24 a judgment or debt.
544	544	25 (j-5) The Department shall not deny or delay the placement
545	545	26 of a child for adoption if an approved family is available
546	546
547	547
548	548
549	549
550	550
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552	552
553	553
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556	556	1 either outside of the Department region handling the case, or
557	557	2 outside of the State of Illinois.
558	558	3 (k) The Department shall accept for care and training any
559	559	4 child who has been adjudicated neglected or abused, or
560	560	5 dependent committed to it pursuant to the Juvenile Court Act
561	561	6 or the Juvenile Court Act of 1987.
562	562	7 (l) The Department shall offer family preservation
563	563	8 services, as defined in Section 8.2 of the Abused and
564	564	9 Neglected Child Reporting Act, to help families, including
565	565	10 adoptive and extended families. Family preservation services
566	566	11 shall be offered (i) to prevent the placement of children in
567	567	12 substitute care when the children can be cared for at home or
568	568	13 in the custody of the person responsible for the children's
569	569	14 welfare, (ii) to reunite children with their families, or
570	570	15 (iii) to maintain an adoptive placement. Family preservation
571	571	16 services shall only be offered when doing so will not endanger
572	572	17 the children's health or safety. With respect to children who
573	573	18 are in substitute care pursuant to the Juvenile Court Act of
574	574	19 1987, family preservation services shall not be offered if a
575	575	20 goal other than those of subdivisions (A), (B), or (B-1) of
576	576	21 subsection (2) of Section 2-28 of that Act has been set, except
577	577	22 that reunification services may be offered as provided in
578	578	23 paragraph (F) of subsection (2) of Section 2-28 of that Act.
579	579	24 Nothing in this paragraph shall be construed to create a
580	580	25 private right of action or claim on the part of any individual
581	581	26 or child welfare agency, except that when a child is the
582	582
583	583
584	584
585	585
586	586
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588	588
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592	592	1 subject of an action under Article II of the Juvenile Court Act
593	593	2 of 1987 and the child's service plan calls for services to
594	594	3 facilitate achievement of the permanency goal, the court
595	595	4 hearing the action under Article II of the Juvenile Court Act
596	596	5 of 1987 may order the Department to provide the services set
597	597	6 out in the plan, if those services are not provided with
598	598	7 reasonable promptness and if those services are available.
599	599	8 The Department shall notify the child and the child's
600	600	9 family of the Department's responsibility to offer and provide
601	601	10 family preservation services as identified in the service
602	602	11 plan. The child and the child's family shall be eligible for
603	603	12 services as soon as the report is determined to be
604	604	13 "indicated". The Department may offer services to any child or
605	605	14 family with respect to whom a report of suspected child abuse
606	606	15 or neglect has been filed, prior to concluding its
607	607	16 investigation under Section 7.12 of the Abused and Neglected
608	608	17 Child Reporting Act. However, the child's or family's
609	609	18 willingness to accept services shall not be considered in the
610	610	19 investigation. The Department may also provide services to any
611	611	20 child or family who is the subject of any report of suspected
612	612	21 child abuse or neglect or may refer such child or family to
613	613	22 services available from other agencies in the community, even
614	614	23 if the report is determined to be unfounded, if the conditions
615	615	24 in the child's or family's home are reasonably likely to
616	616	25 subject the child or family to future reports of suspected
617	617	26 child abuse or neglect. Acceptance of such services shall be
618	618
619	619
620	620
621	621
622	622
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624	624
625	625
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627	627	SB3697 - 16 - LRB103 36730 KTG 66840 b
628	628	1 voluntary. The Department may also provide services to any
629	629	2 child or family after completion of a family assessment, as an
630	630	3 alternative to an investigation, as provided under the
631	631	4 "differential response program" provided for in subsection
632	632	5 (a-5) of Section 7.4 of the Abused and Neglected Child
633	633	6 Reporting Act.
634	634	7 The Department may, at its discretion except for those
635	635	8 children also adjudicated neglected or dependent, accept for
636	636	9 care and training any child who has been adjudicated addicted,
637	637	10 as a truant minor in need of supervision or as a minor
638	638	11 requiring authoritative intervention, under the Juvenile Court
639	639	12 Act or the Juvenile Court Act of 1987, but no such child shall
640	640	13 be committed to the Department by any court without the
641	641	14 approval of the Department. On and after January 1, 2015 (the
642	642	15 effective date of Public Act 98-803) and before January 1,
643	643	16 2017, a minor charged with a criminal offense under the
644	644	17 Criminal Code of 1961 or the Criminal Code of 2012 or
645	645	18 adjudicated delinquent shall not be placed in the custody of
646	646	19 or committed to the Department by any court, except (i) a minor
647	647	20 less than 16 years of age committed to the Department under
648	648	21 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
649	649	22 for whom an independent basis of abuse, neglect, or dependency
650	650	23 exists, which must be defined by departmental rule, or (iii) a
651	651	24 minor for whom the court has granted a supplemental petition
652	652	25 to reinstate wardship pursuant to subsection (2) of Section
653	653	26 2-33 of the Juvenile Court Act of 1987. On and after January 1,
654	654
655	655
656	656
657	657
658	658
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660	660
661	661
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664	664	1 2017, a minor charged with a criminal offense under the
665	665	2 Criminal Code of 1961 or the Criminal Code of 2012 or
666	666	3 adjudicated delinquent shall not be placed in the custody of
667	667	4 or committed to the Department by any court, except (i) a minor
668	668	5 less than 15 years of age committed to the Department under
669	669	6 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
670	670	7 for whom an independent basis of abuse, neglect, or dependency
671	671	8 exists, which must be defined by departmental rule, or (iii) a
672	672	9 minor for whom the court has granted a supplemental petition
673	673	10 to reinstate wardship pursuant to subsection (2) of Section
674	674	11 2-33 of the Juvenile Court Act of 1987. An independent basis
675	675	12 exists when the allegations or adjudication of abuse, neglect,
676	676	13 or dependency do not arise from the same facts, incident, or
677	677	14 circumstances which give rise to a charge or adjudication of
678	678	15 delinquency. The Department shall assign a caseworker to
679	679	16 attend any hearing involving a youth in the care and custody of
680	680	17 the Department who is placed on aftercare release, including
681	681	18 hearings involving sanctions for violation of aftercare
682	682	19 release conditions and aftercare release revocation hearings.
683	683	20 As soon as is possible after August 7, 2009 (the effective
684	684	21 date of Public Act 96-134), the Department shall develop and
685	685	22 implement a special program of family preservation services to
686	686	23 support intact, foster, and adoptive families who are
687	687	24 experiencing extreme hardships due to the difficulty and
688	688	25 stress of caring for a child who has been diagnosed with a
689	689	26 pervasive developmental disorder if the Department determines
690	690
691	691
692	692
693	693
694	694
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696	696
697	697
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699	699	SB3697 - 18 - LRB103 36730 KTG 66840 b
700	700	1 that those services are necessary to ensure the health and
701	701	2 safety of the child. The Department may offer services to any
702	702	3 family whether or not a report has been filed under the Abused
703	703	4 and Neglected Child Reporting Act. The Department may refer
704	704	5 the child or family to services available from other agencies
705	705	6 in the community if the conditions in the child's or family's
706	706	7 home are reasonably likely to subject the child or family to
707	707	8 future reports of suspected child abuse or neglect. Acceptance
708	708	9 of these services shall be voluntary. The Department shall
709	709	10 develop and implement a public information campaign to alert
710	710	11 health and social service providers and the general public
711	711	12 about these special family preservation services. The nature
712	712	13 and scope of the services offered and the number of families
713	713	14 served under the special program implemented under this
714	714	15 paragraph shall be determined by the level of funding that the
715	715	16 Department annually allocates for this purpose. The term
716	716	17 "pervasive developmental disorder" under this paragraph means
717	717	18 a neurological condition, including, but not limited to,
718	718	19 Asperger's Syndrome and autism, as defined in the most recent
719	719	20 edition of the Diagnostic and Statistical Manual of Mental
720	720	21 Disorders of the American Psychiatric Association.
721	721	22 (l-1) The General Assembly recognizes that the best
722	722	23 interests of the child require that the child be placed in the
723	723	24 most permanent living arrangement as soon as is practically
724	724	25 possible. To achieve this goal, the General Assembly directs
725	725	26 the Department of Children and Family Services to conduct
726	726
727	727
728	728
729	729
730	730
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732	732
733	733
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735	735	SB3697 - 19 - LRB103 36730 KTG 66840 b
736	736	1 concurrent planning so that permanency may occur at the
737	737	2 earliest opportunity. Permanent living arrangements may
738	738	3 include prevention of placement of a child outside the home of
739	739	4 the family when the child can be cared for at home without
740	740	5 endangering the child's health or safety; reunification with
741	741	6 the family, when safe and appropriate, if temporary placement
742	742	7 is necessary; or movement of the child toward the most
743	743	8 permanent living arrangement and permanent legal status.
744	744	9 When determining reasonable efforts to be made with
745	745	10 respect to a child, as described in this subsection, and in
746	746	11 making such reasonable efforts, the child's health and safety
747	747	12 shall be the paramount concern.
748	748	13 When a child is placed in foster care, the Department
749	749	14 shall ensure and document that reasonable efforts were made to
750	750	15 prevent or eliminate the need to remove the child from the
751	751	16 child's home. The Department must make reasonable efforts to
752	752	17 reunify the family when temporary placement of the child
753	753	18 occurs unless otherwise required, pursuant to the Juvenile
754	754	19 Court Act of 1987. At any time after the dispositional hearing
755	755	20 where the Department believes that further reunification
756	756	21 services would be ineffective, it may request a finding from
757	757	22 the court that reasonable efforts are no longer appropriate.
758	758	23 The Department is not required to provide further
759	759	24 reunification services after such a finding.
760	760	25 A decision to place a child in substitute care shall be
761	761	26 made with considerations of the child's health, safety, and
762	762
763	763
764	764
765	765
766	766
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768	768
769	769
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772	772	1 best interests. At the time of placement, consideration should
773	773	2 also be given so that if reunification fails or is delayed, the
774	774	3 placement made is the best available placement to provide
775	775	4 permanency for the child.
776	776	5 The Department shall adopt rules addressing concurrent
777	777	6 planning for reunification and permanency. The Department
778	778	7 shall consider the following factors when determining
779	779	8 appropriateness of concurrent planning:
780	780	9 (1) the likelihood of prompt reunification;
781	781	10 (2) the past history of the family;
782	782	11 (3) the barriers to reunification being addressed by
783	783	12 the family;
784	784	13 (4) the level of cooperation of the family;
785	785	14 (5) the foster parents' willingness to work with the
786	786	15 family to reunite;
787	787	16 (6) the willingness and ability of the foster family
788	788	17 to provide an adoptive home or long-term placement;
789	789	18 (7) the age of the child;
790	790	19 (8) placement of siblings.
791	791	20 (m) The Department may assume temporary custody of any
792	792	21 child if:
793	793	22 (1) it has received a written consent to such
794	794	23 temporary custody signed by the parents of the child or by
795	795	24 the parent having custody of the child if the parents are
796	796	25 not living together or by the guardian or custodian of the
797	797	26 child if the child is not in the custody of either parent,
798	798
799	799
800	800
801	801
802	802
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804	804
805	805
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808	808	1 or
809	809	2 (2) the child is found in the State and neither a
810	810	3 parent, guardian nor custodian of the child can be
811	811	4 located.
812	812	5 If the child is found in the child's residence without a
813	813	6 parent, guardian, custodian, or responsible caretaker, the
814	814	7 Department may, instead of removing the child and assuming
815	815	8 temporary custody, place an authorized representative of the
816	816	9 Department in that residence until such time as a parent,
817	817	10 guardian, or custodian enters the home and expresses a
818	818	11 willingness and apparent ability to ensure the child's health
819	819	12 and safety and resume permanent charge of the child, or until a
820	820	13 relative enters the home and is willing and able to ensure the
821	821	14 child's health and safety and assume charge of the child until
822	822	15 a parent, guardian, or custodian enters the home and expresses
823	823	16 such willingness and ability to ensure the child's safety and
824	824	17 resume permanent charge. After a caretaker has remained in the
825	825	18 home for a period not to exceed 12 hours, the Department must
826	826	19 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
827	827	20 5-415 of the Juvenile Court Act of 1987.
828	828	21 The Department shall have the authority, responsibilities
829	829	22 and duties that a legal custodian of the child would have
830	830	23 pursuant to subsection (9) of Section 1-3 of the Juvenile
831	831	24 Court Act of 1987. Whenever a child is taken into temporary
832	832	25 custody pursuant to an investigation under the Abused and
833	833	26 Neglected Child Reporting Act, or pursuant to a referral and
834	834
835	835
836	836
837	837
838	838
839	839	SB3697 - 21 - LRB103 36730 KTG 66840 b
840	840
841	841
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844	844	1 acceptance under the Juvenile Court Act of 1987 of a minor in
845	845	2 limited custody, the Department, during the period of
846	846	3 temporary custody and before the child is brought before a
847	847	4 judicial officer as required by Section 2-9, 3-11, 4-8, or
848	848	5 5-415 of the Juvenile Court Act of 1987, shall have the
849	849	6 authority, responsibilities and duties that a legal custodian
850	850	7 of the child would have under subsection (9) of Section 1-3 of
851	851	8 the Juvenile Court Act of 1987.
852	852	9 The Department shall ensure that any child taken into
853	853	10 custody is scheduled for an appointment for a medical
854	854	11 examination.
855	855	12 A parent, guardian, or custodian of a child in the
856	856	13 temporary custody of the Department who would have custody of
857	857	14 the child if the child were not in the temporary custody of the
858	858	15 Department may deliver to the Department a signed request that
859	859	16 the Department surrender the temporary custody of the child.
860	860	17 The Department may retain temporary custody of the child for
861	861	18 10 days after the receipt of the request, during which period
862	862	19 the Department may cause to be filed a petition pursuant to the
863	863	20 Juvenile Court Act of 1987. If a petition is so filed, the
864	864	21 Department shall retain temporary custody of the child until
865	865	22 the court orders otherwise. If a petition is not filed within
866	866	23 the 10-day period, the child shall be surrendered to the
867	867	24 custody of the requesting parent, guardian, or custodian not
868	868	25 later than the expiration of the 10-day period, at which time
869	869	26 the authority and duties of the Department with respect to the
870	870
871	871
872	872
873	873
874	874
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876	876
877	877
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879	879	SB3697 - 23 - LRB103 36730 KTG 66840 b
880	880	1 temporary custody of the child shall terminate.
881	881	2 (m-1) The Department may place children under 18 years of
882	882	3 age in a secure child care facility licensed by the Department
883	883	4 that cares for children who are in need of secure living
884	884	5 arrangements for their health, safety, and well-being after a
885	885	6 determination is made by the facility director and the
886	886	7 Director or the Director's designate prior to admission to the
887	887	8 facility subject to Section 2-27.1 of the Juvenile Court Act
888	888	9 of 1987. This subsection (m-1) does not apply to a child who is
889	889	10 subject to placement in a correctional facility operated
890	890	11 pursuant to Section 3-15-2 of the Unified Code of Corrections,
891	891	12 unless the child is a youth in care who was placed in the care
892	892	13 of the Department before being subject to placement in a
893	893	14 correctional facility and a court of competent jurisdiction
894	894	15 has ordered placement of the child in a secure care facility.
895	895	16 (n) The Department may place children under 18 years of
896	896	17 age in licensed child care facilities when in the opinion of
897	897	18 the Department, appropriate services aimed at family
898	898	19 preservation have been unsuccessful and cannot ensure the
899	899	20 child's health and safety or are unavailable and such
900	900	21 placement would be for their best interest. Payment for board,
901	901	22 clothing, care, training and supervision of any child placed
902	902	23 in a licensed child care facility may be made by the
903	903	24 Department, by the parents or guardians of the estates of
904	904	25 those children, or by both the Department and the parents or
905	905	26 guardians, except that no payments shall be made by the
906	906
907	907
908	908
909	909
910	910
911	911	SB3697 - 23 - LRB103 36730 KTG 66840 b
912	912
913	913
914	914	SB3697- 24 -LRB103 36730 KTG 66840 b SB3697 - 24 - LRB103 36730 KTG 66840 b
915	915	SB3697 - 24 - LRB103 36730 KTG 66840 b
916	916	1 Department for any child placed in a licensed child care
917	917	2 facility for board, clothing, care, training, and supervision
918	918	3 of such a child that exceed the average per capita cost of
919	919	4 maintaining and of caring for a child in institutions for
920	920	5 dependent or neglected children operated by the Department.
921	921	6 However, such restriction on payments does not apply in cases
922	922	7 where children require specialized care and treatment for
923	923	8 problems of severe emotional disturbance, physical disability,
924	924	9 social adjustment, or any combination thereof and suitable
925	925	10 facilities for the placement of such children are not
926	926	11 available at payment rates within the limitations set forth in
927	927	12 this Section. All reimbursements for services delivered shall
928	928	13 be absolutely inalienable by assignment, sale, attachment, or
929	929	14 garnishment or otherwise.
930	930	15 (n-1) The Department shall provide or authorize child
931	931	16 welfare services, aimed at assisting minors to achieve
932	932	17 sustainable self-sufficiency as independent adults, for any
933	933	18 minor eligible for the reinstatement of wardship pursuant to
934	934	19 subsection (2) of Section 2-33 of the Juvenile Court Act of
935	935	20 1987, whether or not such reinstatement is sought or allowed,
936	936	21 provided that the minor consents to such services and has not
937	937	22 yet attained the age of 23 21. The Department shall have
938	938	23 responsibility for the development and delivery of services
939	939	24 under this Section. An eligible youth may access services
940	940	25 under this Section through the Department of Children and
941	941	26 Family Services or by referral from the Department of Human
942	942
943	943
944	944
945	945
946	946
947	947	SB3697 - 24 - LRB103 36730 KTG 66840 b
948	948
949	949
950	950	SB3697- 25 -LRB103 36730 KTG 66840 b SB3697 - 25 - LRB103 36730 KTG 66840 b
951	951	SB3697 - 25 - LRB103 36730 KTG 66840 b
952	952	1 Services. Youth participating in services under this Section
953	953	2 shall cooperate with the assigned case manager in developing
954	954	3 an agreement identifying the services to be provided and how
955	955	4 the youth will increase skills to achieve self-sufficiency. A
956	956	5 homeless shelter is not considered appropriate housing for any
957	957	6 youth receiving child welfare services under this Section. The
958	958	7 Department shall continue child welfare services under this
959	959	8 Section to any eligible minor until the minor becomes 23 21
960	960	9 years of age, no longer consents to participate, or achieves
961	961	10 self-sufficiency as identified in the minor's service plan.
962	962	11 The Department of Children and Family Services shall create
963	963	12 clear, readable notice of the rights of former foster youth to
964	964	13 child welfare services under this Section and how such
965	965	14 services may be obtained. The Department of Children and
966	966	15 Family Services and the Department of Human Services shall
967	967	16 disseminate this information statewide. The Department shall
968	968	17 adopt regulations describing services intended to assist
969	969	18 minors in achieving sustainable self-sufficiency as
970	970	19 independent adults.
971	971	20 (o) The Department shall establish an administrative
972	972	21 review and appeal process for children and families who
973	973	22 request or receive child welfare services from the Department.
974	974	23 Youth in care who are placed by private child welfare
975	975	24 agencies, and foster families with whom those youth are
976	976	25 placed, shall be afforded the same procedural and appeal
977	977	26 rights as children and families in the case of placement by the
978	978
979	979
980	980
981	981
982	982
983	983	SB3697 - 25 - LRB103 36730 KTG 66840 b
984	984
985	985
986	986	SB3697- 26 -LRB103 36730 KTG 66840 b SB3697 - 26 - LRB103 36730 KTG 66840 b
987	987	SB3697 - 26 - LRB103 36730 KTG 66840 b
988	988	1 Department, including the right to an initial review of a
989	989	2 private agency decision by that agency. The Department shall
990	990	3 ensure that any private child welfare agency, which accepts
991	991	4 youth in care for placement, affords those rights to children
992	992	5 and foster families. The Department shall accept for
993	993	6 administrative review and an appeal hearing a complaint made
994	994	7 by (i) a child or foster family concerning a decision
995	995	8 following an initial review by a private child welfare agency
996	996	9 or (ii) a prospective adoptive parent who alleges a violation
997	997	10 of subsection (j-5) of this Section. An appeal of a decision
998	998	11 concerning a change in the placement of a child shall be
999	999	12 conducted in an expedited manner. A court determination that a
1000	1000	13 current foster home placement is necessary and appropriate
1001	1001	14 under Section 2-28 of the Juvenile Court Act of 1987 does not
1002	1002	15 constitute a judicial determination on the merits of an
1003	1003	16 administrative appeal, filed by a former foster parent,
1004	1004	17 involving a change of placement decision.
1005	1005	18 (p) (Blank).
1006	1006	19 (q) The Department may receive and use, in their entirety,
1007	1007	20 for the benefit of children any gift, donation, or bequest of
1008	1008	21 money or other property which is received on behalf of such
1009	1009	22 children, or any financial benefits to which such children are
1010	1010	23 or may become entitled while under the jurisdiction or care of
1011	1011	24 the Department, except that the benefits described in Section
1012	1012	25 5.46 must be used and conserved consistent with the provisions
1013	1013	26 under Section 5.46.
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018
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1020	1020
1021	1021
1022	1022	SB3697- 27 -LRB103 36730 KTG 66840 b SB3697 - 27 - LRB103 36730 KTG 66840 b
1023	1023	SB3697 - 27 - LRB103 36730 KTG 66840 b
1024	1024	1 The Department shall set up and administer no-cost,
1025	1025	2 interest-bearing accounts in appropriate financial
1026	1026	3 institutions for children for whom the Department is legally
1027	1027	4 responsible and who have been determined eligible for
1028	1028	5 Veterans' Benefits, Social Security benefits, assistance
1029	1029	6 allotments from the armed forces, court ordered payments,
1030	1030	7 parental voluntary payments, Supplemental Security Income,
1031	1031	8 Railroad Retirement payments, Black Lung benefits, or other
1032	1032	9 miscellaneous payments. Interest earned by each account shall
1033	1033	10 be credited to the account, unless disbursed in accordance
1034	1034	11 with this subsection.
1035	1035	12 In disbursing funds from children's accounts, the
1036	1036	13 Department shall:
1037	1037	14 (1) Establish standards in accordance with State and
1038	1038	15 federal laws for disbursing money from children's
1039	1039	16 accounts. In all circumstances, the Department's
1040	1040	17 Guardianship Administrator or the Guardianship
1041	1041	18 Administrator's designee must approve disbursements from
1042	1042	19 children's accounts. The Department shall be responsible
1043	1043	20 for keeping complete records of all disbursements for each
1044	1044	21 account for any purpose.
1045	1045	22 (2) Calculate on a monthly basis the amounts paid from
1046	1046	23 State funds for the child's board and care, medical care
1047	1047	24 not covered under Medicaid, and social services; and
1048	1048	25 utilize funds from the child's account, as covered by
1049	1049	26 regulation, to reimburse those costs. Monthly,
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054
1055	1055	SB3697 - 27 - LRB103 36730 KTG 66840 b
1056	1056
1057	1057
1058	1058	SB3697- 28 -LRB103 36730 KTG 66840 b SB3697 - 28 - LRB103 36730 KTG 66840 b
1059	1059	SB3697 - 28 - LRB103 36730 KTG 66840 b
1060	1060	1 disbursements from all children's accounts, up to 1/12 of
1061	1061	2 $13,000,000, shall be deposited by the Department into the
1062	1062	3 General Revenue Fund and the balance over 1/12 of
1063	1063	4 $13,000,000 into the DCFS Children's Services Fund.
1064	1064	5 (3) Maintain any balance remaining after reimbursing
1065	1065	6 for the child's costs of care, as specified in item (2).
1066	1066	7 The balance shall accumulate in accordance with relevant
1067	1067	8 State and federal laws and shall be disbursed to the child
1068	1068	9 or the child's guardian, or to the issuing agency.
1069	1069	10 (r) The Department shall promulgate regulations
1070	1070	11 encouraging all adoption agencies to voluntarily forward to
1071	1071	12 the Department or its agent names and addresses of all persons
1072	1072	13 who have applied for and have been approved for adoption of a
1073	1073	14 hard-to-place child or child with a disability and the names
1074	1074	15 of such children who have not been placed for adoption. A list
1075	1075	16 of such names and addresses shall be maintained by the
1076	1076	17 Department or its agent, and coded lists which maintain the
1077	1077	18 confidentiality of the person seeking to adopt the child and
1078	1078	19 of the child shall be made available, without charge, to every
1079	1079	20 adoption agency in the State to assist the agencies in placing
1080	1080	21 such children for adoption. The Department may delegate to an
1081	1081	22 agent its duty to maintain and make available such lists. The
1082	1082	23 Department shall ensure that such agent maintains the
1083	1083	24 confidentiality of the person seeking to adopt the child and
1084	1084	25 of the child.
1085	1085	26 (s) The Department of Children and Family Services may
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090
1091	1091	SB3697 - 28 - LRB103 36730 KTG 66840 b
1092	1092
1093	1093
1094	1094	SB3697- 29 -LRB103 36730 KTG 66840 b SB3697 - 29 - LRB103 36730 KTG 66840 b
1095	1095	SB3697 - 29 - LRB103 36730 KTG 66840 b
1096	1096	1 establish and implement a program to reimburse Department and
1097	1097	2 private child welfare agency foster parents licensed by the
1098	1098	3 Department of Children and Family Services for damages
1099	1099	4 sustained by the foster parents as a result of the malicious or
1100	1100	5 negligent acts of foster children, as well as providing third
1101	1101	6 party coverage for such foster parents with regard to actions
1102	1102	7 of foster children to other individuals. Such coverage will be
1103	1103	8 secondary to the foster parent liability insurance policy, if
1104	1104	9 applicable. The program shall be funded through appropriations
1105	1105	10 from the General Revenue Fund, specifically designated for
1106	1106	11 such purposes.
1107	1107	12 (t) The Department shall perform home studies and
1108	1108	13 investigations and shall exercise supervision over visitation
1109	1109	14 as ordered by a court pursuant to the Illinois Marriage and
1110	1110	15 Dissolution of Marriage Act or the Adoption Act only if:
1111	1111	16 (1) an order entered by an Illinois court specifically
1112	1112	17 directs the Department to perform such services; and
1113	1113	18 (2) the court has ordered one or both of the parties to
1114	1114	19 the proceeding to reimburse the Department for its
1115	1115	20 reasonable costs for providing such services in accordance
1116	1116	21 with Department rules, or has determined that neither
1117	1117	22 party is financially able to pay.
1118	1118	23 The Department shall provide written notification to the
1119	1119	24 court of the specific arrangements for supervised visitation
1120	1120	25 and projected monthly costs within 60 days of the court order.
1121	1121	26 The Department shall send to the court information related to
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126
1127	1127	SB3697 - 29 - LRB103 36730 KTG 66840 b
1128	1128
1129	1129
1130	1130	SB3697- 30 -LRB103 36730 KTG 66840 b SB3697 - 30 - LRB103 36730 KTG 66840 b
1131	1131	SB3697 - 30 - LRB103 36730 KTG 66840 b
1132	1132	1 the costs incurred except in cases where the court has
1133	1133	2 determined the parties are financially unable to pay. The
1134	1134	3 court may order additional periodic reports as appropriate.
1135	1135	4 (u) In addition to other information that must be
1136	1136	5 provided, whenever the Department places a child with a
1137	1137	6 prospective adoptive parent or parents, in a licensed foster
1138	1138	7 home, group home, or child care institution, or in a relative
1139	1139	8 home, the Department shall provide to the prospective adoptive
1140	1140	9 parent or parents or other caretaker:
1141	1141	10 (1) available detailed information concerning the
1142	1142	11 child's educational and health history, copies of
1143	1143	12 immunization records (including insurance and medical card
1144	1144	13 information), a history of the child's previous
1145	1145	14 placements, if any, and reasons for placement changes
1146	1146	15 excluding any information that identifies or reveals the
1147	1147	16 location of any previous caretaker;
1148	1148	17 (2) a copy of the child's portion of the client
1149	1149	18 service plan, including any visitation arrangement, and
1150	1150	19 all amendments or revisions to it as related to the child;
1151	1151	20 and
1152	1152	21 (3) information containing details of the child's
1153	1153	22 individualized educational plan when the child is
1154	1154	23 receiving special education services.
1155	1155	24 The caretaker shall be informed of any known social or
1156	1156	25 behavioral information (including, but not limited to,
1157	1157	26 criminal background, fire setting, perpetuation of sexual
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162
1163	1163	SB3697 - 30 - LRB103 36730 KTG 66840 b
1164	1164
1165	1165
1166	1166	SB3697- 31 -LRB103 36730 KTG 66840 b SB3697 - 31 - LRB103 36730 KTG 66840 b
1167	1167	SB3697 - 31 - LRB103 36730 KTG 66840 b
1168	1168	1 abuse, destructive behavior, and substance abuse) necessary to
1169	1169	2 care for and safeguard the children to be placed or currently
1170	1170	3 in the home. The Department may prepare a written summary of
1171	1171	4 the information required by this paragraph, which may be
1172	1172	5 provided to the foster or prospective adoptive parent in
1173	1173	6 advance of a placement. The foster or prospective adoptive
1174	1174	7 parent may review the supporting documents in the child's file
1175	1175	8 in the presence of casework staff. In the case of an emergency
1176	1176	9 placement, casework staff shall at least provide known
1177	1177	10 information verbally, if necessary, and must subsequently
1178	1178	11 provide the information in writing as required by this
1179	1179	12 subsection.
1180	1180	13 The information described in this subsection shall be
1181	1181	14 provided in writing. In the case of emergency placements when
1182	1182	15 time does not allow prior review, preparation, and collection
1183	1183	16 of written information, the Department shall provide such
1184	1184	17 information as it becomes available. Within 10 business days
1185	1185	18 after placement, the Department shall obtain from the
1186	1186	19 prospective adoptive parent or parents or other caretaker a
1187	1187	20 signed verification of receipt of the information provided.
1188	1188	21 Within 10 business days after placement, the Department shall
1189	1189	22 provide to the child's guardian ad litem a copy of the
1190	1190	23 information provided to the prospective adoptive parent or
1191	1191	24 parents or other caretaker. The information provided to the
1192	1192	25 prospective adoptive parent or parents or other caretaker
1193	1193	26 shall be reviewed and approved regarding accuracy at the
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
1199	1199	SB3697 - 31 - LRB103 36730 KTG 66840 b
1200	1200
1201	1201
1202	1202	SB3697- 32 -LRB103 36730 KTG 66840 b SB3697 - 32 - LRB103 36730 KTG 66840 b
1203	1203	SB3697 - 32 - LRB103 36730 KTG 66840 b
1204	1204	1 supervisory level.
1205	1205	2 (u-5) Effective July 1, 1995, only foster care placements
1206	1206	3 licensed as foster family homes pursuant to the Child Care Act
1207	1207	4 of 1969 shall be eligible to receive foster care payments from
1208	1208	5 the Department. Relative caregivers who, as of July 1, 1995,
1209	1209	6 were approved pursuant to approved relative placement rules
1210	1210	7 previously promulgated by the Department at 89 Ill. Adm. Code
1211	1211	8 335 and had submitted an application for licensure as a foster
1212	1212	9 family home may continue to receive foster care payments only
1213	1213	10 until the Department determines that they may be licensed as a
1214	1214	11 foster family home or that their application for licensure is
1215	1215	12 denied or until September 30, 1995, whichever occurs first.
1216	1216	13 (v) The Department shall access criminal history record
1217	1217	14 information as defined in the Illinois Uniform Conviction
1218	1218	15 Information Act and information maintained in the adjudicatory
1219	1219	16 and dispositional record system as defined in Section 2605-355
1220	1220	17 of the Illinois State Police Law if the Department determines
1221	1221	18 the information is necessary to perform its duties under the
1222	1222	19 Abused and Neglected Child Reporting Act, the Child Care Act
1223	1223	20 of 1969, and the Children and Family Services Act. The
1224	1224	21 Department shall provide for interactive computerized
1225	1225	22 communication and processing equipment that permits direct
1226	1226	23 on-line communication with the Illinois State Police's central
1227	1227	24 criminal history data repository. The Department shall comply
1228	1228	25 with all certification requirements and provide certified
1229	1229	26 operators who have been trained by personnel from the Illinois
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234
1235	1235	SB3697 - 32 - LRB103 36730 KTG 66840 b
1236	1236
1237	1237
1238	1238	SB3697- 33 -LRB103 36730 KTG 66840 b SB3697 - 33 - LRB103 36730 KTG 66840 b
1239	1239	SB3697 - 33 - LRB103 36730 KTG 66840 b
1240	1240	1 State Police. In addition, one Office of the Inspector General
1241	1241	2 investigator shall have training in the use of the criminal
1242	1242	3 history information access system and have access to the
1243	1243	4 terminal. The Department of Children and Family Services and
1244	1244	5 its employees shall abide by rules and regulations established
1245	1245	6 by the Illinois State Police relating to the access and
1246	1246	7 dissemination of this information.
1247	1247	8 (v-1) Prior to final approval for placement of a child,
1248	1248	9 the Department shall conduct a criminal records background
1249	1249	10 check of the prospective foster or adoptive parent, including
1250	1250	11 fingerprint-based checks of national crime information
1251	1251	12 databases. Final approval for placement shall not be granted
1252	1252	13 if the record check reveals a felony conviction for child
1253	1253	14 abuse or neglect, for spousal abuse, for a crime against
1254	1254	15 children, or for a crime involving violence, including rape,
1255	1255	16 sexual assault, or homicide, but not including other physical
1256	1256	17 assault or battery, or if there is a felony conviction for
1257	1257	18 physical assault, battery, or a drug-related offense committed
1258	1258	19 within the past 5 years.
1259	1259	20 (v-2) Prior to final approval for placement of a child,
1260	1260	21 the Department shall check its child abuse and neglect
1261	1261	22 registry for information concerning prospective foster and
1262	1262	23 adoptive parents, and any adult living in the home. If any
1263	1263	24 prospective foster or adoptive parent or other adult living in
1264	1264	25 the home has resided in another state in the preceding 5 years,
1265	1265	26 the Department shall request a check of that other state's
1266	1266
1267	1267
1268	1268
1269	1269
1270	1270
1271	1271	SB3697 - 33 - LRB103 36730 KTG 66840 b
1272	1272
1273	1273
1274	1274	SB3697- 34 -LRB103 36730 KTG 66840 b SB3697 - 34 - LRB103 36730 KTG 66840 b
1275	1275	SB3697 - 34 - LRB103 36730 KTG 66840 b
1276	1276	1 child abuse and neglect registry.
1277	1277	2 (w) Within 120 days of August 20, 1995 (the effective date
1278	1278	3 of Public Act 89-392), the Department shall prepare and submit
1279	1279	4 to the Governor and the General Assembly, a written plan for
1280	1280	5 the development of in-state licensed secure child care
1281	1281	6 facilities that care for children who are in need of secure
1282	1282	7 living arrangements for their health, safety, and well-being.
1283	1283	8 For purposes of this subsection, secure care facility shall
1284	1284	9 mean a facility that is designed and operated to ensure that
1285	1285	10 all entrances and exits from the facility, a building or a
1286	1286	11 distinct part of the building, are under the exclusive control
1287	1287	12 of the staff of the facility, whether or not the child has the
1288	1288	13 freedom of movement within the perimeter of the facility,
1289	1289	14 building, or distinct part of the building. The plan shall
1290	1290	15 include descriptions of the types of facilities that are
1291	1291	16 needed in Illinois; the cost of developing these secure care
1292	1292	17 facilities; the estimated number of placements; the potential
1293	1293	18 cost savings resulting from the movement of children currently
1294	1294	19 out-of-state who are projected to be returned to Illinois; the
1295	1295	20 necessary geographic distribution of these facilities in
1296	1296	21 Illinois; and a proposed timetable for development of such
1297	1297	22 facilities.
1298	1298	23 (x) The Department shall conduct annual credit history
1299	1299	24 checks to determine the financial history of children placed
1300	1300	25 under its guardianship pursuant to the Juvenile Court Act of
1301	1301	26 1987. The Department shall conduct such credit checks starting
1302	1302
1303	1303
1304	1304
1305	1305
1306	1306
1307	1307	SB3697 - 34 - LRB103 36730 KTG 66840 b
1308	1308
1309	1309
1310	1310	SB3697- 35 -LRB103 36730 KTG 66840 b SB3697 - 35 - LRB103 36730 KTG 66840 b
1311	1311	SB3697 - 35 - LRB103 36730 KTG 66840 b
1312	1312	1 when a youth in care turns 12 years old and each year
1313	1313	2 thereafter for the duration of the guardianship as terminated
1314	1314	3 pursuant to the Juvenile Court Act of 1987. The Department
1315	1315	4 shall determine if financial exploitation of the child's
1316	1316	5 personal information has occurred. If financial exploitation
1317	1317	6 appears to have taken place or is presently ongoing, the
1318	1318	7 Department shall notify the proper law enforcement agency, the
1319	1319	8 proper State's Attorney, or the Attorney General.
1320	1320	9 (y) Beginning on July 22, 2010 (the effective date of
1321	1321	10 Public Act 96-1189), a child with a disability who receives
1322	1322	11 residential and educational services from the Department shall
1323	1323	12 be eligible to receive transition services in accordance with
1324	1324	13 Article 14 of the School Code from the age of 14.5 through age
1325	1325	14 21, inclusive, notwithstanding the child's residential
1326	1326	15 services arrangement. For purposes of this subsection, "child
1327	1327	16 with a disability" means a child with a disability as defined
1328	1328	17 by the federal Individuals with Disabilities Education
1329	1329	18 Improvement Act of 2004.
1330	1330	19 (z) The Department shall access criminal history record
1331	1331	20 information as defined as "background information" in this
1332	1332	21 subsection and criminal history record information as defined
1333	1333	22 in the Illinois Uniform Conviction Information Act for each
1334	1334	23 Department employee or Department applicant. Each Department
1335	1335	24 employee or Department applicant shall submit the employee's
1336	1336	25 or applicant's fingerprints to the Illinois State Police in
1337	1337	26 the form and manner prescribed by the Illinois State Police.
1338	1338
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343	SB3697 - 35 - LRB103 36730 KTG 66840 b
1344	1344
1345	1345
1346	1346	SB3697- 36 -LRB103 36730 KTG 66840 b SB3697 - 36 - LRB103 36730 KTG 66840 b
1347	1347	SB3697 - 36 - LRB103 36730 KTG 66840 b
1348	1348	1 These fingerprints shall be checked against the fingerprint
1349	1349	2 records now and hereafter filed in the Illinois State Police
1350	1350	3 and the Federal Bureau of Investigation criminal history
1351	1351	4 records databases. The Illinois State Police shall charge a
1352	1352	5 fee for conducting the criminal history record check, which
1353	1353	6 shall be deposited into the State Police Services Fund and
1354	1354	7 shall not exceed the actual cost of the record check. The
1355	1355	8 Illinois State Police shall furnish, pursuant to positive
1356	1356	9 identification, all Illinois conviction information to the
1357	1357	10 Department of Children and Family Services.
1358	1358	11 For purposes of this subsection:
1359	1359	12 "Background information" means all of the following:
1360	1360	13 (i) Upon the request of the Department of Children and
1361	1361	14 Family Services, conviction information obtained from the
1362	1362	15 Illinois State Police as a result of a fingerprint-based
1363	1363	16 criminal history records check of the Illinois criminal
1364	1364	17 history records database and the Federal Bureau of
1365	1365	18 Investigation criminal history records database concerning
1366	1366	19 a Department employee or Department applicant.
1367	1367	20 (ii) Information obtained by the Department of
1368	1368	21 Children and Family Services after performing a check of
1369	1369	22 the Illinois State Police's Sex Offender Database, as
1370	1370	23 authorized by Section 120 of the Sex Offender Community
1371	1371	24 Notification Law, concerning a Department employee or
1372	1372	25 Department applicant.
1373	1373	26 (iii) Information obtained by the Department of
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378
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1380	1380
1381	1381
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1383	1383	SB3697 - 37 - LRB103 36730 KTG 66840 b
1384	1384	1 Children and Family Services after performing a check of
1385	1385	2 the Child Abuse and Neglect Tracking System (CANTS)
1386	1386	3 operated and maintained by the Department.
1387	1387	4 "Department employee" means a full-time or temporary
1388	1388	5 employee coded or certified within the State of Illinois
1389	1389	6 Personnel System.
1390	1390	7 "Department applicant" means an individual who has
1391	1391	8 conditional Department full-time or part-time work, a
1392	1392	9 contractor, an individual used to replace or supplement staff,
1393	1393	10 an academic intern, a volunteer in Department offices or on
1394	1394	11 Department contracts, a work-study student, an individual or
1395	1395	12 entity licensed by the Department, or an unlicensed service
1396	1396	13 provider who works as a condition of a contract or an agreement
1397	1397	14 and whose work may bring the unlicensed service provider into
1398	1398	15 contact with Department clients or client records.
1399	1399	16 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
1400	1400	17 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
1401	1401	18 1-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
1402	1402	19 (20 ILCS 505/5.06 new)
1403	1403	20 Sec. 5.06. Multidisciplinary child protection
1404	1404	21 investigation teams for sex trafficking cases.
1405	1405	22 (a)(1) The Department shall coordinate the services of
1406	1406	23 multidisciplinary child protection investigation teams to
1407	1407	24 respond to child sexual abuse or sex trafficking reports made
1408	1408	25 to the Department. At least one multidisciplinary child
1409	1409
1410	1410
1411	1411
1412	1412
1413	1413
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1415	1415
1416	1416
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1418	1418	SB3697 - 38 - LRB103 36730 KTG 66840 b
1419	1419	1 protection investigation team shall be organized in each
1420	1420	2 county. Any county or counties of the State, any municipality
1421	1421	3 or municipalities of the State, or any combination thereof,
1422	1422	4 may, by intergovernmental agreement, establish a single
1423	1423	5 multidisciplinary child protection investigation team to
1424	1424	6 investigate child sexual abuse and sex trafficking reports
1425	1425	7 involving children located within the geographical
1426	1426	8 jurisdiction of the parties to the interagency agreement. The
1427	1427	9 State's Attorney of each county shall, by January 15 of each
1428	1428	10 year, report to the General Assembly on the status of the team
1429	1429	11 in the State's Attorney's county as required by this Section,
1430	1430	12 and the progress of the multidisciplinary child protection
1431	1431	13 investigation team that has been organized in the State's
1432	1432	14 Attorney's county. The Department shall, with the cooperation
1433	1433	15 of all statutorily authorized members of the multidisciplinary
1434	1434	16 child protection investigation team, establish a procedure and
1435	1435	17 format for data collection. The procedure and format,
1436	1436	18 including an implementation plan with timelines, shall be
1437	1437	19 cooperatively developed and presented to the General Assembly
1438	1438	20 on or before January 15, 2025. The procedure and format
1439	1439	21 developed shall include at a minimum the following
1440	1440	22 information:
1441	1441	23 (A) the number of reports received for investigation
1442	1442	24 involving an allegation of the sexual abuse or trafficking
1443	1443	25 of minors;
1444	1444	26 (B) the number of investigations initiated;
1445	1445
1446	1446
1447	1447
1448	1448
1449	1449
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1451	1451
1452	1452
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1454	1454	SB3697 - 39 - LRB103 36730 KTG 66840 b
1455	1455	1 (C) the number of final dispositions of cases obtained
1456	1456	2 in the current reporting year by type of disposition as
1457	1457	3 follows:
1458	1458	4 (i) unsubstantiated, closed, or no service;
1459	1459	5 (ii) unsubstantiated or referred for non-custodial
1460	1460	6 support services;
1461	1461	7 (iii) substantiated, closed, or no service;
1462	1462	8 (iv) substantiated, service provided, or no
1463	1463	9 prosecution;
1464	1464	10 (v) substantiated, service provided, prosecution,
1465	1465	11 or acquittal; or
1466	1466	12 (vi) substantiated, service provided, prosecution,
1467	1467	13 or conviction.
1468	1468	14 (D) Age, race, gender, and relationship to the victim
1469	1469	15 of perpetrators identified in cases that are included in
1470	1470	16 items (iii) through (vi) of subparagraph (C) of paragraph
1471	1471	17 (1); and
1472	1472	18 (E) The type and amount of community-based support
1473	1473	19 received by the multidisciplinary child protection
1474	1474	20 investigation teams through linkages with other local
1475	1475	21 agencies and organizations and through monetary or
1476	1476	22 in-kind, or both, donations.
1477	1477	23 Such data shall be reported by January 15 of each year to
1478	1478	24 the General Assembly, along with a progress report on the
1479	1479	25 teams and any recommendations for enhancement of the child
1480	1480	26 sexual abuse plan and program.
1481	1481
1482	1482
1483	1483
1484	1484
1485	1485
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1487	1487
1488	1488
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1490	1490	SB3697 - 40 - LRB103 36730 KTG 66840 b
1491	1491	1 (2) Each team shall be composed:
1492	1492	2 (A) one person from the Department;
1493	1493	3 (B) one representative from the State's Attorney's
1494	1494	4 office;
1495	1495	5 (C) one juvenile court officer or investigator from a
1496	1496	6 court of competent jurisdiction;
1497	1497	7 (D) one non-governmental agency specialized in
1498	1498	8 providing services to the minors who are victims of
1499	1499	9 commercial sexual exploitation;
1500	1500	10 (E) one properly trained law enforcement officer with
1501	1501	11 countywide jurisdiction from the county where the child
1502	1502	12 resides or where the alleged offense occurred.
1503	1503	13 The team may also include a representative from one of the
1504	1504	14 mental health disciplines, a representative trained in child
1505	1505	15 abuse from one of the medical disciplines, and, for cases
1506	1506	16 involving an allegation that a child is a victim of a human
1507	1507	17 trafficking offense, a representative from one
1508	1508	18 non-governmental agency specialized in combatting the
1509	1509	19 commercial sexual exploitation of minors. It is in the best
1510	1510	20 interest of the child that, whenever possible, an initial
1511	1511	21 investigation shall not be commenced unless all 4 disciplines
1512	1512	22 are represented. An initial investigation may, however, be
1513	1513	23 commenced if at least 2 of the team members are present at the
1514	1514	24 initial investigation. In those counties in which a child
1515	1515	25 advocacy center is established in accordance with the
1516	1516	26 Children's Advocacy Center Act, child advocacy center
1517	1517
1518	1518
1519	1519
1520	1520
1521	1521
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1523	1523
1524	1524
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1526	1526	SB3697 - 41 - LRB103 36730 KTG 66840 b
1527	1527	1 directors, or their designees, shall be members of the teams
1528	1528	2 for the purposes of the provision of services and functions
1529	1529	3 established under the Children's Advocacy Center Act or
1530	1530	4 delegated pursuant to that Act. In such event, child advocacy
1531	1531	5 center directors, or their designees, may access and generate
1532	1532	6 all necessary information, which shall retain its confidential
1533	1533	7 status, consistent with any applicable State or federal law.
1534	1534	8 (3) It is the intent of the General Assembly that the child
1535	1535	9 protective investigations be conducted by the team members in
1536	1536	10 a manner that not only protects the child but that also
1537	1537	11 preserves any evidence for future criminal prosecutions. It is
1538	1538	12 essential, therefore, that all phases of the child protective
1539	1539	13 investigation be appropriately conducted and that further
1540	1540	14 investigations, as appropriate, be properly conducted and
1541	1541	15 coordinated.
1542	1542	16 (b)(1) The Department shall convene the appropriate team
1543	1543	17 when a report of child sexual abuse or sex trafficking has been
1544	1544	18 received. Nothing in this Section shall be construed to remove
1545	1545	19 or reduce the duty and responsibility of any person to report
1546	1546	20 all suspected or actual cases of child sexual abuse or sex
1547	1547	21 trafficking. The role of the teams shall be to conduct child
1548	1548	22 protective investigations of reported child sexual abuse or
1549	1549	23 sex trafficking and to support and provide services to
1550	1550	24 sexually abused or trafficked children upon referral as deemed
1551	1551	25 by the teams to be necessary and appropriate for such
1552	1552	26 children.
1553	1553
1554	1554
1555	1555
1556	1556
1557	1557
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1559	1559
1560	1560
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1562	1562	SB3697 - 42 - LRB103 36730 KTG 66840 b
1563	1563	1 (2) For each child sexual abuse report it receives, the
1564	1564	2 Department shall immediately notify the multidisciplinary
1565	1565	3 child protection investigation team, which shall commence an
1566	1566	4 on-site child protective investigation. The team shall:
1567	1567	5 (A) determine the composition of the family or
1568	1568	6 household, including the name, address, age, sex, and race
1569	1569	7 of each child named in the report; any siblings or other
1570	1570	8 children in the same household or in the care of the same
1571	1571	9 adults; the parents or other persons responsible for the
1572	1572	10 child's welfare; and any other adults in the same
1573	1573	11 household;
1574	1574	12 (B) determine whether there is any indication that any
1575	1575	13 child in the family or household is sexually abused,
1576	1576	14 including a determination of harm or threatened harm to
1577	1577	15 each child; the nature and extent of present or prior
1578	1578	16 injuries, or abuse, and any evidence thereof; and a
1579	1579	17 determination as to the person or persons apparently
1580	1580	18 responsible for the abuse;
1581	1581	19 (C) determine the immediate and long-term risk to each
1582	1582	20 child if the child remains in the existing home
1583	1583	21 environment;
1584	1584	22 (D) determine the protective, treatment, and
1585	1585	23 ameliorative services necessary to safeguard and ensure
1586	1586	24 the child's well-being and development and, if possible,
1587	1587	25 to preserve and stabilize family life; and
1588	1588	26 (E) determine the specialized, non-punitive services
1589	1589
1590	1590
1591	1591
1592	1592
1593	1593
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1595	1595
1596	1596
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1598	1598	SB3697 - 43 - LRB103 36730 KTG 66840 b
1599	1599	1 necessary to support the child in cases where there is an
1600	1600	2 allegation that the child may be a victim of a sex
1601	1601	3 trafficking offense.
1602	1602	4 The team shall seek to interview the child in a neutral
1603	1603	5 setting, other than where the alleged abuse occurred, whenever
1604	1604	6 possible.
1605	1605	7 (3) Immediately upon receipt of a report alleging, or
1606	1606	8 immediately upon learning during the course of an
1607	1607	9 investigation, that:
1608	1608	10 (A) child sexual abuse has occurred; or
1609	1609	11 (B) an observable injury or medically diagnosed
1610	1610	12 internal injury occurred as a result of the sexual abuse
1611	1611	13 the Department shall orally notify the team, the
1612	1612	14 appropriate State's Attorney and the appropriate law
1613	1613	15 enforcement agency whose criminal investigations shall be
1614	1614	16 coordinated, whenever possible, with the multidisciplinary
1615	1615	17 child protection investigation team investigation. In all
1616	1616	18 cases, the team and the Department shall make a full written
1617	1617	19 report to the State's Attorney within 3 days of the oral
1618	1618	20 report. If, as a result of an investigation, there is cause to
1619	1619	21 believe a violation of Subdivision 10 of Article 11 of the
1620	1620	22 Criminal Code of 2012 has occurred, an appropriate report
1621	1621	23 shall be filed by the State's Attorney requesting an
1622	1622	24 investigation by the Illinois State Police. If independent
1623	1623	25 criminal investigations are made, interviews with the
1624	1624	26 victimized child shall be kept to an absolute minimum and,
1625	1625
1626	1626
1627	1627
1628	1628
1629	1629
1630	1630	SB3697 - 43 - LRB103 36730 KTG 66840 b
1631	1631
1632	1632
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1634	1634	SB3697 - 44 - LRB103 36730 KTG 66840 b
1635	1635	1 whenever possible, reference to the videotape or tapes made by
1636	1636	2 the multidisciplinary child protection investigation teams
1637	1637	3 should be utilized.
1638	1638	4 (4) In addition to the requirements of this Section, the
1639	1639	5 provisions of Section 7.4 of the Abused and Neglected
1640	1640	6 Reporting Act shall apply to any investigation conducted in
1641	1641	7 accordance with this Section.
1642	1642	8 (5) As a result of its investigation, the team may
1643	1643	9 recommend that criminal charges be filed against the alleged
1644	1644	10 offender. Any interested person who has information regarding
1645	1645	11 the offenses described in this subsection (b) may forward a
1646	1646	12 statement to the State's Attorney as to whether prosecution is
1647	1647	13 warranted and appropriate. Within 15 days of the completion of
1648	1648	14 the State's Attorney's investigation, the State's Attorney
1649	1649	15 shall advise the Department and the team whether or not
1650	1650	16 prosecution is justified and appropriate in the State's
1651	1651	17 Attorney's opinion in view of the circumstances of the
1652	1652	18 specific case.
1653	1653	19 (c)(1) The specialized diagnostic assessment, evaluation,
1654	1654	20 coordination, consultation, and other supportive services that
1655	1655	21 the team shall be capable of providing, to the extent funds are
1656	1656	22 specifically appropriated therefor, or by referral shall be
1657	1657	23 capable of obtaining for the protection of the child, include,
1658	1658	24 but are not limited to, the following:
1659	1659	25 (A) Telephone consultation services in emergencies and
1660	1660	26 in other situations.
1661	1661
1662	1662
1663	1663
1664	1664
1665	1665
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1667	1667
1668	1668
1669	1669	SB3697- 45 -LRB103 36730 KTG 66840 b SB3697 - 45 - LRB103 36730 KTG 66840 b
1670	1670	SB3697 - 45 - LRB103 36730 KTG 66840 b
1671	1671	1 (B) Medical evaluation related to the sexual abuse and
1672	1672	2 sex trafficking.
1673	1673	3 (C) Such psychological and psychiatric diagnosis and
1674	1674	4 evaluation services for the child, siblings, parent or
1675	1675	5 parents, guardian or guardians, or other care givers, or
1676	1676	6 any other individual involved in a child sexual abuse or
1677	1677	7 sex trafficking case, as a multidisciplinary child
1678	1678	8 protection investigation team may determine to be needed.
1679	1679	9 (D) Short-term psychological treatment. It is the
1680	1680	10 intent of the General Assembly that the Department provide
1681	1681	11 or refer a child whose case has been validated by the
1682	1682	12 Department, and the child's family, for short-term
1683	1683	13 psychological treatment before the Department may close
1684	1684	14 its case. Such short-term treatment shall be limited to no
1685	1685	15 more than 6 months' duration after treatment is initiated,
1686	1686	16 except that the Director may authorize such treatment for
1687	1687	17 individual children beyond this limitation if the Director
1688	1688	18 deems it appropriate.
1689	1689	19 (E) Expert medical, psychological, and related
1690	1690	20 professional testimony in court cases.
1691	1691	21 (F) Case staffings to develop, implement, and monitor
1692	1692	22 treatment plans for a child whose case has been validated
1693	1693	23 by the Department. In all such case staffings,
1694	1694	24 consultations, or staff activities involving a child, at
1695	1695	25 least one member of the team involved in the initial
1696	1696	26 investigation shall continue to monitor the progress and
1697	1697
1698	1698
1699	1699
1700	1700
1701	1701
1702	1702	SB3697 - 45 - LRB103 36730 KTG 66840 b
1703	1703
1704	1704
1705	1705	SB3697- 46 -LRB103 36730 KTG 66840 b SB3697 - 46 - LRB103 36730 KTG 66840 b
1706	1706	SB3697 - 46 - LRB103 36730 KTG 66840 b
1707	1707	1 status of the child whenever possible and within the same
1708	1708	2 geographic area.
1709	1709	3 (G) Case service coordination and assistance,
1710	1710	4 including the location of services available from other
1711	1711	5 public and private agencies in the community.
1712	1712	6 (2) In all instances where a multidisciplinary child
1713	1713	7 protection investigation team is providing or has obtained by
1714	1714	8 referral certain services to sexually abused and trafficked
1715	1715	9 children, other offices and units of the Department shall
1716	1716	10 avoid duplicating the provision of those services.
1717	1717	11 (20 ILCS 505/5.07 new)
1718	1718	12 Sec. 5.07. Mandatory annual training on human trafficking.
1719	1719	13 The Department shall work with a nonprofit charitable
1720	1720	14 organization that focuses on human trafficking advocacy and
1721	1721	15 education to provide mandatory annual training to child
1722	1722	16 welfare agencies licensed by the Department in the
1723	1723	17 identification, intervention, prevention, and treatment of
1724	1724	18 human trafficking victims, and in the proper action that
1725	1725	19 should be taken when dealing with a known or suspected victim
1726	1726	20 of human trafficking. The training must also inform child
1727	1727	21 welfare agencies of the resources and agencies available to
1728	1728	22 provide help and services for victims of human trafficking.
1729	1729	23 The training selected by the Department must be submitted to,
1730	1730	24 and approved by, the Illinois State Police.
1731	1731	25 As used in this Section, "human trafficking" has the
1732	1732
1733	1733
1734	1734
1735	1735
1736	1736
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1738	1738
1739	1739
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1741	1741	SB3697 - 47 - LRB103 36730 KTG 66840 b
1742	1742	1 meaning ascribed to that term in Section 5 of the Lodging
1743	1743	2 Services Human Trafficking Recognition Training Act.
1744	1744	3 Section 15. The Illinois State Police Law is amended by
1745	1745	4 adding Section 2605-51a as follows:
1746	1746	5 (20 ILCS 2605/2605-51a new)
1747	1747	6 Sec. 2605-51a. Human trafficking training for State
1748	1748	7 agencies.
1749	1749	8 (a) The Illinois State Police shall develop and deliver a
1750	1750	9 course of instruction designed for Departments, agencies, or
1751	1751	10 associations that are likely to come into contact with human
1752	1752	11 trafficking and human trafficking victims during the course of
1753	1753	12 delivering services. Departments, agencies, or associations
1754	1754	13 included in this course of instruction, include, but are not
1755	1755	14 limited to, the Department of Human Services, the Department
1756	1756	15 of Children and Family Services, child welfare agencies
1757	1757	16 licensed by the Department of children and family services,
1758	1758	17 the Department of Public Health, the State Board of Education,
1759	1759	18 and any other State agencies or local governmental entities
1760	1760	19 that are likely to come into contact with human trafficking
1761	1761	20 and human trafficking victims during the performance of their
1762	1762	21 duties. The course or courses of instruction and the
1763	1763	22 guidelines shall emphasize:
1764	1764	23 (A) the dynamics and manifestations of human
1765	1765	24 trafficking;
1766	1766
1767	1767
1768	1768
1769	1769
1770	1770
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1772	1772
1773	1773
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1775	1775	SB3697 - 48 - LRB103 36730 KTG 66840 b
1776	1776	1 (B) identifying and communicating with victims;
1777	1777	2 (C) providing documentation that satisfies the peace
1778	1778	3 officers standards and training (POST) commission
1779	1779	4 requirements;
1780	1780	5 (D) collaboration with federal law enforcement
1781	1781	6 officials;
1782	1782	7 (E) appropriate investigative techniques for the
1783	1783	8 particular victim or victim type;
1784	1784	9 (F) the availability of civil and immigration remedies
1785	1785	10 and community resources; and
1786	1786	11 (G) protection of the victim.
1787	1787	12 (b) In developing the course of instruction, the Illinois
1788	1788	13 State Police shall consult with its Trafficking Enforcement
1789	1789	14 Bureau as well as with human trafficking experts with
1790	1790	15 experience in the delivery of direct services to victims of
1791	1791	16 human trafficking. Instruction may be composed of live
1792	1792	17 instruction, telecommunication, video or other medium, or any
1793	1793	18 combination of methods. Where appropriate, the course of
1794	1794	19 instruction shall include presentations by human trafficking
1795	1795	20 experts.
1796	1796	21 (c) Furnishing personnel and appropriations for the
1797	1797	22 training course is the sole responsibility of the Illinois
1798	1798	23 State Police. Departments, agencies, or associations receiving
1799	1799	24 instruction in accordance with this Section shall be provided
1800	1800	25 the training at no cost to the Department, agency, or
1801	1801	26 association.
1802	1802
1803	1803
1804	1804
1805	1805
1806	1806
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1808	1808
1809	1809
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1811	1811	SB3697 - 49 - LRB103 36730 KTG 66840 b
1812	1812	1 Section 20. The State Finance Act is amended by changing
1813	1813	2 Section 5 and by adding Section 5.1015 as follows:
1814	1814	3 (30 ILCS 105/5) (from Ch. 127, par. 141)
1815	1815	4 Sec. 5. Special funds.
1816	1816	5 (a) There are special funds in the State Treasury
1817	1817	6 designated as specified in the Sections which succeed this
1818	1818	7 Section 5 and precede Section 6.
1819	1819	8 (b) Except as provided in the Illinois Vehicle Hijacking
1820	1820	9 and Motor Vehicle Theft Prevention and Insurance Verification
1821	1821	10 Act, when any special fund in the State Treasury is
1822	1822	11 discontinued by an Act of the General Assembly, any balance
1823	1823	12 remaining therein on the effective date of such Act shall be
1824	1824	13 transferred to the General Revenue Fund, or to such other fund
1825	1825	14 as such Act shall provide. Warrants outstanding against such
1826	1826	15 discontinued fund at the time of the transfer of any such
1827	1827	16 balance therein shall be paid out of the fund to which the
1828	1828	17 transfer was made.
1829	1829	18 (c) When any special fund in the State Treasury has been
1830	1830	19 inactive for 18 months or longer, the Comptroller may
1831	1831	20 terminate the fund, and the balance remaining in such fund
1832	1832	21 shall be transferred by the Comptroller to the General Revenue
1833	1833	22 Fund. When a special fund has been terminated by the
1834	1834	23 Comptroller as provided in this Section, the General Assembly
1835	1835	24 shall repeal or amend all Sections of the statutes creating or
1836	1836
1837	1837
1838	1838
1839	1839
1840	1840
1841	1841	SB3697 - 49 - LRB103 36730 KTG 66840 b
1842	1842
1843	1843
1844	1844	SB3697- 50 -LRB103 36730 KTG 66840 b SB3697 - 50 - LRB103 36730 KTG 66840 b
1845	1845	SB3697 - 50 - LRB103 36730 KTG 66840 b
1846	1846	1 otherwise referring to that fund.
1847	1847	2 The Comptroller shall be allowed the discretion to
1848	1848	3 maintain or dissolve any federal trust fund which has been
1849	1849	4 inactive for 18 months or longer.
1850	1850	5 (d) (Blank).
1851	1851	6 (e) (Blank).
1852	1852	7 (f) The provisions of subsection (b) and (c) do not apply
1853	1853	8 to the Specialized Services for Survivors of Human Trafficking
1854	1854	9 Fund.
1855	1855	10 (Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24.)
1856	1856	11 Section 25. The Child Care Act of 1969 is amended by
1857	1857	12 changing Section 4 and by adding Sections 2.21a and 3.7 as
1858	1858	13 follows:
1859	1859	14 (225 ILCS 10/2.21a new)
1860	1860	15 Sec. 2.21a. Residential facilities for victims of sex
1861	1861	16 trafficking. "Residential facilities for victims of sex
1862	1862	17 trafficking" means a housing facility that provides
1863	1863	18 specialized comprehensive treatment and support services to
1864	1864	19 children and youth under the age of 18 who are identified as
1865	1865	20 victims of sex trafficking. Such treatment and support
1866	1866	21 services include, but are not limited to, medical care, mental
1867	1867	22 health and substance abuse care, nutritional counseling, safe
1868	1868	23 housing, job training, transportation, and other basic human
1869	1869	24 needs.
1870	1870
1871	1871
1872	1872
1873	1873
1874	1874
1875	1875	SB3697 - 50 - LRB103 36730 KTG 66840 b
1876	1876
1877	1877
1878	1878	SB3697- 51 -LRB103 36730 KTG 66840 b SB3697 - 51 - LRB103 36730 KTG 66840 b
1879	1879	SB3697 - 51 - LRB103 36730 KTG 66840 b
1880	1880	1 (225 ILCS 10/3.7 new)
1881	1881	2 Sec. 3.7. Licenses for residential facilities for victims
1882	1882	3 of sex trafficking. The Department shall develop an
1883	1883	4 appropriate licensing and monitoring system that recognizes
1884	1884	5 the unique population and treatment of children and youth who
1885	1885	6 are identified as victims of sex trafficking. Residential
1886	1886	7 facilities for victims of sex trafficking that are licensed by
1887	1887	8 the Department shall not be utilized for a child or youth who
1888	1888	9 is a youth in care as defined in Section 4d of the Children and
1889	1889	10 Family Services Act.
1890	1890	11 (225 ILCS 10/4) (from Ch. 23, par. 2214)
1891	1891	12 Sec. 4. License requirement; application; notice.
1892	1892	13 (a) Any person, group of persons or corporation who or
1893	1893	14 which receives children or arranges for care or placement of
1894	1894	15 one or more children unrelated to the operator must apply for a
1895	1895	16 license to operate one of the types of facilities defined in
1896	1896	17 Sections 2.05 through 2.19 and in Sections 2.21a and Section
1897	1897	18 2.22 of this Act. Any relative, as defined in Section 2.17 of
1898	1898	19 this Act, who receives a child or children for placement by the
1899	1899	20 Department on a full-time basis may apply for a license to
1900	1900	21 operate a foster family home as defined in Section 2.17 of this
1901	1901	22 Act.
1902	1902	23 (a-5) Any agency, person, group of persons, association,
1903	1903	24 organization, corporation, institution, center, or group
1904	1904
1905	1905
1906	1906
1907	1907
1908	1908
1909	1909	SB3697 - 51 - LRB103 36730 KTG 66840 b
1910	1910
1911	1911
1912	1912	SB3697- 52 -LRB103 36730 KTG 66840 b SB3697 - 52 - LRB103 36730 KTG 66840 b
1913	1913	SB3697 - 52 - LRB103 36730 KTG 66840 b
1914	1914	1 providing adoption services must be licensed by the Department
1915	1915	2 as a child welfare agency as defined in Section 2.08 of this
1916	1916	3 Act. "Providing adoption services" as used in this Act,
1917	1917	4 includes facilitating or engaging in adoption services.
1918	1918	5 (b) Application for a license to operate a child care
1919	1919	6 facility must be made to the Department in the manner and on
1920	1920	7 forms prescribed by it. An application to operate a foster
1921	1921	8 family home shall include, at a minimum: a completed written
1922	1922	9 form; written authorization by the applicant and all adult
1923	1923	10 members of the applicant's household to conduct a criminal
1924	1924	11 background investigation; medical evidence in the form of a
1925	1925	12 medical report, on forms prescribed by the Department, that
1926	1926	13 the applicant and all members of the household are free from
1927	1927	14 communicable diseases or physical and mental conditions that
1928	1928	15 affect their ability to provide care for the child or
1929	1929	16 children; the names and addresses of at least 3 persons not
1930	1930	17 related to the applicant who can attest to the applicant's
1931	1931	18 moral character; the name and address of at least one relative
1932	1932	19 who can attest to the applicant's capability to care for the
1933	1933	20 child or children; and fingerprints submitted by the applicant
1934	1934	21 and all adult members of the applicant's household.
1935	1935	22 (b-5) Prior to submitting an application for a foster
1936	1936	23 family home license, a quality of care concerns applicant as
1937	1937	24 defined in Section 2.22a of this Act must submit a preliminary
1938	1938	25 application to the Department in the manner and on forms
1939	1939	26 prescribed by it. The Department shall explain to the quality
1940	1940
1941	1941
1942	1942
1943	1943
1944	1944
1945	1945	SB3697 - 52 - LRB103 36730 KTG 66840 b
1946	1946
1947	1947
1948	1948	SB3697- 53 -LRB103 36730 KTG 66840 b SB3697 - 53 - LRB103 36730 KTG 66840 b
1949	1949	SB3697 - 53 - LRB103 36730 KTG 66840 b
1950	1950	1 of care concerns applicant the grounds for requiring a
1951	1951	2 preliminary application. The preliminary application shall
1952	1952	3 include a list of (i) all children placed in the home by the
1953	1953	4 Department who were removed by the Department for reasons
1954	1954	5 other than returning to a parent and the circumstances under
1955	1955	6 which they were removed and (ii) all children placed by the
1956	1956	7 Department who were subsequently adopted by or placed in the
1957	1957	8 private guardianship of the quality of care concerns applicant
1958	1958	9 who are currently under 18 and who no longer reside in the home
1959	1959	10 and the reasons why they no longer reside in the home. The
1960	1960	11 preliminary application shall also include, if the quality of
1961	1961	12 care concerns applicant chooses to submit, (1) a response to
1962	1962	13 the quality of care concerns, including any reason the
1963	1963	14 concerns are invalid, have been addressed or ameliorated, or
1964	1964	15 no longer apply and (2) affirmative documentation
1965	1965	16 demonstrating that the quality of care concerns applicant's
1966	1966	17 home does not pose a risk to children and that the family will
1967	1967	18 be able to meet the physical and emotional needs of children.
1968	1968	19 The Department shall verify the information in the preliminary
1969	1969	20 application and review (i) information regarding any prior
1970	1970	21 licensing complaints, (ii) information regarding any prior
1971	1971	22 child abuse or neglect investigations, (iii) information
1972	1972	23 regarding any involuntary foster home holds placed on the home
1973	1973	24 by the Department, and (iv) information regarding all child
1974	1974	25 exit interviews, as provided in Section 5.26 of the Children
1975	1975	26 and Family Services Act, regarding the home. Foster home
1976	1976
1977	1977
1978	1978
1979	1979
1980	1980
1981	1981	SB3697 - 53 - LRB103 36730 KTG 66840 b
1982	1982
1983	1983
1984	1984	SB3697- 54 -LRB103 36730 KTG 66840 b SB3697 - 54 - LRB103 36730 KTG 66840 b
1985	1985	SB3697 - 54 - LRB103 36730 KTG 66840 b
1986	1986	1 applicants with quality of care concerns are presumed
1987	1987	2 unsuitable for future licensure.
1988	1988	3 Notwithstanding the provisions of this subsection (b-5),
1989	1989	4 the Department may make an exception and issue a foster family
1990	1990	5 license to a quality of care concerns applicant if the
1991	1991	6 Department is satisfied that the foster family home does not
1992	1992	7 pose a risk to children and that the foster family will be able
1993	1993	8 to meet the physical and emotional needs of children. In
1994	1994	9 making this determination, the Department must obtain and
1995	1995	10 carefully review all relevant documents and shall obtain
1996	1996	11 consultation from its Clinical Division as appropriate and as
1997	1997	12 prescribed by Department rule and procedure. The Department
1998	1998	13 has the authority to deny a preliminary application based on
1999	1999	14 the record of quality of care concerns of the foster family
2000	2000	15 home. In the alternative, the Department may (i) approve the
2001	2001	16 preliminary application, (ii) approve the preliminary
2002	2002	17 application subject to obtaining additional information or
2003	2003	18 assessments, or (iii) approve the preliminary application for
2004	2004	19 purposes of placing a particular child or children only in the
2005	2005	20 foster family home. If the Department approves a preliminary
2006	2006	21 application, the foster family shall submit an application for
2007	2007	22 licensure as described in subsection (b) of this Section. The
2008	2008	23 Department shall notify the quality of care concerns applicant
2009	2009	24 of its decision and the basis for its decision in writing.
2010	2010	25 (c) The Department shall notify the public when a child
2011	2011	26 care institution, maternity center, or group home licensed by
2012	2012
2013	2013
2014	2014
2015	2015
2016	2016
2017	2017	SB3697 - 54 - LRB103 36730 KTG 66840 b
2018	2018
2019	2019
2020	2020	SB3697- 55 -LRB103 36730 KTG 66840 b SB3697 - 55 - LRB103 36730 KTG 66840 b
2021	2021	SB3697 - 55 - LRB103 36730 KTG 66840 b
2022	2022	1 the Department undergoes a change in (i) the range of care or
2023	2023	2 services offered at the facility, (ii) the age or type of
2024	2024	3 children served, or (iii) the area within the facility used by
2025	2025	4 children. The Department shall notify the public of the change
2026	2026	5 in a newspaper of general circulation in the county or
2027	2027	6 municipality in which the applicant's facility is or is
2028	2028	7 proposed to be located.
2029	2029	8 (d) If, upon examination of the facility and investigation
2030	2030	9 of persons responsible for care of children and, in the case of
2031	2031	10 a foster home, taking into account information obtained for
2032	2032	11 purposes of evaluating a preliminary application, if
2033	2033	12 applicable, the Department is satisfied that the facility and
2034	2034	13 responsible persons reasonably meet standards prescribed for
2035	2035	14 the type of facility for which application is made, it shall
2036	2036	15 issue a license in proper form, designating on that license
2037	2037	16 the type of child care facility and, except for a child welfare
2038	2038	17 agency, the number of children to be served at any one time.
2039	2039	18 (e) The Department shall not issue or renew the license of
2040	2040	19 any child welfare agency providing adoption services, unless
2041	2041	20 the agency (i) is officially recognized by the United States
2042	2042	21 Internal Revenue Service as a tax-exempt organization
2043	2043	22 described in Section 501(c)(3) of the Internal Revenue Code of
2044	2044	23 1986 (or any successor provision of federal tax law) and (ii)
2045	2045	24 is in compliance with all of the standards necessary to
2046	2046	25 maintain its status as an organization described in Section
2047	2047	26 501(c)(3) of the Internal Revenue Code of 1986 (or any
2048	2048
2049	2049
2050	2050
2051	2051
2052	2052
2053	2053	SB3697 - 55 - LRB103 36730 KTG 66840 b
2054	2054
2055	2055
2056	2056	SB3697- 56 -LRB103 36730 KTG 66840 b SB3697 - 56 - LRB103 36730 KTG 66840 b
2057	2057	SB3697 - 56 - LRB103 36730 KTG 66840 b
2058	2058	1 successor provision of federal tax law). The Department shall
2059	2059	2 grant a grace period of 24 months from the effective date of
2060	2060	3 this amendatory Act of the 94th General Assembly for existing
2061	2061	4 child welfare agencies providing adoption services to obtain
2062	2062	5 501(c)(3) status. The Department shall permit an existing
2063	2063	6 child welfare agency that converts from its current structure
2064	2064	7 in order to be recognized as a 501(c)(3) organization as
2065	2065	8 required by this Section to either retain its current license
2066	2066	9 or transfer its current license to a newly formed entity, if
2067	2067	10 the creation of a new entity is required in order to comply
2068	2068	11 with this Section, provided that the child welfare agency
2069	2069	12 demonstrates that it continues to meet all other licensing
2070	2070	13 requirements and that the principal officers and directors and
2071	2071	14 programs of the converted child welfare agency or newly
2072	2072	15 organized child welfare agency are substantially the same as
2073	2073	16 the original. The Department shall have the sole discretion to
2074	2074	17 grant a one year extension to any agency unable to obtain
2075	2075	18 501(c)(3) status within the timeframe specified in this
2076	2076	19 subsection (e), provided that such agency has filed an
2077	2077	20 application for 501(c)(3) status with the Internal Revenue
2078	2078	21 Service within the 2-year timeframe specified in this
2079	2079	22 subsection (e).
2080	2080	23 (Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
2081	2081	24 Section 30. The Illinois Public Aid Code is amended by
2082	2082	25 changing Section 5-2 as follows:
2083	2083
2084	2084
2085	2085
2086	2086
2087	2087
2088	2088	SB3697 - 56 - LRB103 36730 KTG 66840 b
2089	2089
2090	2090
2091	2091	SB3697- 57 -LRB103 36730 KTG 66840 b SB3697 - 57 - LRB103 36730 KTG 66840 b
2092	2092	SB3697 - 57 - LRB103 36730 KTG 66840 b
2093	2093	1 (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
2094	2094	2 Sec. 5-2. Classes of persons eligible. Medical assistance
2095	2095	3 under this Article shall be available to any of the following
2096	2096	4 classes of persons in respect to whom a plan for coverage has
2097	2097	5 been submitted to the Governor by the Illinois Department and
2098	2098	6 approved by him. If changes made in this Section 5-2 require
2099	2099	7 federal approval, they shall not take effect until such
2100	2100	8 approval has been received:
2101	2101	9 1. Recipients of basic maintenance grants under
2102	2102	10 Articles III and IV.
2103	2103	11 2. Beginning January 1, 2014, persons otherwise
2104	2104	12 eligible for basic maintenance under Article III,
2105	2105	13 excluding any eligibility requirements that are
2106	2106	14 inconsistent with any federal law or federal regulation,
2107	2107	15 as interpreted by the U.S. Department of Health and Human
2108	2108	16 Services, but who fail to qualify thereunder on the basis
2109	2109	17 of need, and who have insufficient income and resources to
2110	2110	18 meet the costs of necessary medical care, including, but
2111	2111	19 not limited to, the following:
2112	2112	20 (a) All persons otherwise eligible for basic
2113	2113	21 maintenance under Article III but who fail to qualify
2114	2114	22 under that Article on the basis of need and who meet
2115	2115	23 either of the following requirements:
2116	2116	24 (i) their income, as determined by the
2117	2117	25 Illinois Department in accordance with any federal
2118	2118
2119	2119
2120	2120
2121	2121
2122	2122
2123	2123	SB3697 - 57 - LRB103 36730 KTG 66840 b
2124	2124
2125	2125
2126	2126	SB3697- 58 -LRB103 36730 KTG 66840 b SB3697 - 58 - LRB103 36730 KTG 66840 b
2127	2127	SB3697 - 58 - LRB103 36730 KTG 66840 b
2128	2128	1 requirements, is equal to or less than 100% of the
2129	2129	2 federal poverty level; or
2130	2130	3 (ii) their income, after the deduction of
2131	2131	4 costs incurred for medical care and for other
2132	2132	5 types of remedial care, is equal to or less than
2133	2133	6 100% of the federal poverty level.
2134	2134	7 (b) (Blank).
2135	2135	8 3. (Blank).
2136	2136	9 4. Persons not eligible under any of the preceding
2137	2137	10 paragraphs who fall sick, are injured, or die, not having
2138	2138	11 sufficient money, property or other resources to meet the
2139	2139	12 costs of necessary medical care or funeral and burial
2140	2140	13 expenses.
2141	2141	14 5.(a) Beginning January 1, 2020, individuals during
2142	2142	15 pregnancy and during the 12-month period beginning on the
2143	2143	16 last day of the pregnancy, together with their infants,
2144	2144	17 whose income is at or below 200% of the federal poverty
2145	2145	18 level. Until September 30, 2019, or sooner if the
2146	2146	19 maintenance of effort requirements under the Patient
2147	2147	20 Protection and Affordable Care Act are eliminated or may
2148	2148	21 be waived before then, individuals during pregnancy and
2149	2149	22 during the 12-month period beginning on the last day of
2150	2150	23 the pregnancy, whose countable monthly income, after the
2151	2151	24 deduction of costs incurred for medical care and for other
2152	2152	25 types of remedial care as specified in administrative
2153	2153	26 rule, is equal to or less than the Medical Assistance-No
2154	2154
2155	2155
2156	2156
2157	2157
2158	2158
2159	2159	SB3697 - 58 - LRB103 36730 KTG 66840 b
2160	2160
2161	2161
2162	2162	SB3697- 59 -LRB103 36730 KTG 66840 b SB3697 - 59 - LRB103 36730 KTG 66840 b
2163	2163	SB3697 - 59 - LRB103 36730 KTG 66840 b
2164	2164	1 Grant(C) (MANG(C)) Income Standard in effect on April 1,
2165	2165	2 2013 as set forth in administrative rule.
2166	2166	3 (b) The plan for coverage shall provide ambulatory
2167	2167	4 prenatal care to pregnant individuals during a presumptive
2168	2168	5 eligibility period and establish an income eligibility
2169	2169	6 standard that is equal to 200% of the federal poverty
2170	2170	7 level, provided that costs incurred for medical care are
2171	2171	8 not taken into account in determining such income
2172	2172	9 eligibility.
2173	2173	10 (c) The Illinois Department may conduct a
2174	2174	11 demonstration in at least one county that will provide
2175	2175	12 medical assistance to pregnant individuals together with
2176	2176	13 their infants and children up to one year of age, where the
2177	2177	14 income eligibility standard is set up to 185% of the
2178	2178	15 nonfarm income official poverty line, as defined by the
2179	2179	16 federal Office of Management and Budget. The Illinois
2180	2180	17 Department shall seek and obtain necessary authorization
2181	2181	18 provided under federal law to implement such a
2182	2182	19 demonstration. Such demonstration may establish resource
2183	2183	20 standards that are not more restrictive than those
2184	2184	21 established under Article IV of this Code.
2185	2185	22 6. (a) Subject to federal approval, children younger
2186	2186	23 than age 19 when countable income is at or below 313% of
2187	2187	24 the federal poverty level, as determined by the Department
2188	2188	25 and in accordance with all applicable federal
2189	2189	26 requirements. The Department is authorized to adopt
2190	2190
2191	2191
2192	2192
2193	2193
2194	2194
2195	2195	SB3697 - 59 - LRB103 36730 KTG 66840 b
2196	2196
2197	2197
2198	2198	SB3697- 60 -LRB103 36730 KTG 66840 b SB3697 - 60 - LRB103 36730 KTG 66840 b
2199	2199	SB3697 - 60 - LRB103 36730 KTG 66840 b
2200	2200	1 emergency rules to implement the changes made to this
2201	2201	2 paragraph by Public Act 102-43. Until September 30, 2019,
2202	2202	3 or sooner if the maintenance of effort requirements under
2203	2203	4 the Patient Protection and Affordable Care Act are
2204	2204	5 eliminated or may be waived before then, children younger
2205	2205	6 than age 19 whose countable monthly income, after the
2206	2206	7 deduction of costs incurred for medical care and for other
2207	2207	8 types of remedial care as specified in administrative
2208	2208	9 rule, is equal to or less than the Medical Assistance-No
2209	2209	10 Grant(C) (MANG(C)) Income Standard in effect on April 1,
2210	2210	11 2013 as set forth in administrative rule.
2211	2211	12 (b) Children and youth who are under temporary custody
2212	2212	13 or guardianship of the Department of Children and Family
2213	2213	14 Services or who receive financial assistance in support of
2214	2214	15 an adoption or guardianship placement from the Department
2215	2215	16 of Children and Family Services.
2216	2216	17 7. (Blank).
2217	2217	18 8. As required under federal law, persons who are
2218	2218	19 eligible for Transitional Medical Assistance as a result
2219	2219	20 of an increase in earnings or child or spousal support
2220	2220	21 received. The plan for coverage for this class of persons
2221	2221	22 shall:
2222	2222	23 (a) extend the medical assistance coverage to the
2223	2223	24 extent required by federal law; and
2224	2224	25 (b) offer persons who have initially received 6
2225	2225	26 months of the coverage provided in paragraph (a)
2226	2226
2227	2227
2228	2228
2229	2229
2230	2230
2231	2231	SB3697 - 60 - LRB103 36730 KTG 66840 b
2232	2232
2233	2233
2234	2234	SB3697- 61 -LRB103 36730 KTG 66840 b SB3697 - 61 - LRB103 36730 KTG 66840 b
2235	2235	SB3697 - 61 - LRB103 36730 KTG 66840 b
2236	2236	1 above, the option of receiving an additional 6 months
2237	2237	2 of coverage, subject to the following:
2238	2238	3 (i) such coverage shall be pursuant to
2239	2239	4 provisions of the federal Social Security Act;
2240	2240	5 (ii) such coverage shall include all services
2241	2241	6 covered under Illinois' State Medicaid Plan;
2242	2242	7 (iii) no premium shall be charged for such
2243	2243	8 coverage; and
2244	2244	9 (iv) such coverage shall be suspended in the
2245	2245	10 event of a person's failure without good cause to
2246	2246	11 file in a timely fashion reports required for this
2247	2247	12 coverage under the Social Security Act and
2248	2248	13 coverage shall be reinstated upon the filing of
2249	2249	14 such reports if the person remains otherwise
2250	2250	15 eligible.
2251	2251	16 9. Persons with acquired immunodeficiency syndrome
2252	2252	17 (AIDS) or with AIDS-related conditions with respect to
2253	2253	18 whom there has been a determination that but for home or
2254	2254	19 community-based services such individuals would require
2255	2255	20 the level of care provided in an inpatient hospital,
2256	2256	21 skilled nursing facility or intermediate care facility the
2257	2257	22 cost of which is reimbursed under this Article. Assistance
2258	2258	23 shall be provided to such persons to the maximum extent
2259	2259	24 permitted under Title XIX of the Federal Social Security
2260	2260	25 Act.
2261	2261	26 10. Participants in the long-term care insurance
2262	2262
2263	2263
2264	2264
2265	2265
2266	2266
2267	2267	SB3697 - 61 - LRB103 36730 KTG 66840 b
2268	2268
2269	2269
2270	2270	SB3697- 62 -LRB103 36730 KTG 66840 b SB3697 - 62 - LRB103 36730 KTG 66840 b
2271	2271	SB3697 - 62 - LRB103 36730 KTG 66840 b
2272	2272	1 partnership program established under the Illinois
2273	2273	2 Long-Term Care Partnership Program Act who meet the
2274	2274	3 qualifications for protection of resources described in
2275	2275	4 Section 15 of that Act.
2276	2276	5 11. Persons with disabilities who are employed and
2277	2277	6 eligible for Medicaid, pursuant to Section
2278	2278	7 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
2279	2279	8 subject to federal approval, persons with a medically
2280	2280	9 improved disability who are employed and eligible for
2281	2281	10 Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
2282	2282	11 the Social Security Act, as provided by the Illinois
2283	2283	12 Department by rule. In establishing eligibility standards
2284	2284	13 under this paragraph 11, the Department shall, subject to
2285	2285	14 federal approval:
2286	2286	15 (a) set the income eligibility standard at not
2287	2287	16 lower than 350% of the federal poverty level;
2288	2288	17 (b) exempt retirement accounts that the person
2289	2289	18 cannot access without penalty before the age of 59
2290	2290	19 1/2, and medical savings accounts established pursuant
2291	2291	20 to 26 U.S.C. 220;
2292	2292	21 (c) allow non-exempt assets up to $25,000 as to
2293	2293	22 those assets accumulated during periods of eligibility
2294	2294	23 under this paragraph 11; and
2295	2295	24 (d) continue to apply subparagraphs (b) and (c) in
2296	2296	25 determining the eligibility of the person under this
2297	2297	26 Article even if the person loses eligibility under
2298	2298
2299	2299
2300	2300
2301	2301
2302	2302
2303	2303	SB3697 - 62 - LRB103 36730 KTG 66840 b
2304	2304
2305	2305
2306	2306	SB3697- 63 -LRB103 36730 KTG 66840 b SB3697 - 63 - LRB103 36730 KTG 66840 b
2307	2307	SB3697 - 63 - LRB103 36730 KTG 66840 b
2308	2308	1 this paragraph 11.
2309	2309	2 12. Subject to federal approval, persons who are
2310	2310	3 eligible for medical assistance coverage under applicable
2311	2311	4 provisions of the federal Social Security Act and the
2312	2312	5 federal Breast and Cervical Cancer Prevention and
2313	2313	6 Treatment Act of 2000. Those eligible persons are defined
2314	2314	7 to include, but not be limited to, the following persons:
2315	2315	8 (1) persons who have been screened for breast or
2316	2316	9 cervical cancer under the U.S. Centers for Disease
2317	2317	10 Control and Prevention Breast and Cervical Cancer
2318	2318	11 Program established under Title XV of the federal
2319	2319	12 Public Health Service Act in accordance with the
2320	2320	13 requirements of Section 1504 of that Act as
2321	2321	14 administered by the Illinois Department of Public
2322	2322	15 Health; and
2323	2323	16 (2) persons whose screenings under the above
2324	2324	17 program were funded in whole or in part by funds
2325	2325	18 appropriated to the Illinois Department of Public
2326	2326	19 Health for breast or cervical cancer screening.
2327	2327	20 "Medical assistance" under this paragraph 12 shall be
2328	2328	21 identical to the benefits provided under the State's
2329	2329	22 approved plan under Title XIX of the Social Security Act.
2330	2330	23 The Department must request federal approval of the
2331	2331	24 coverage under this paragraph 12 within 30 days after July
2332	2332	25 3, 2001 (the effective date of Public Act 92-47).
2333	2333	26 In addition to the persons who are eligible for
2334	2334
2335	2335
2336	2336
2337	2337
2338	2338
2339	2339	SB3697 - 63 - LRB103 36730 KTG 66840 b
2340	2340
2341	2341
2342	2342	SB3697- 64 -LRB103 36730 KTG 66840 b SB3697 - 64 - LRB103 36730 KTG 66840 b
2343	2343	SB3697 - 64 - LRB103 36730 KTG 66840 b
2344	2344	1 medical assistance pursuant to subparagraphs (1) and (2)
2345	2345	2 of this paragraph 12, and to be paid from funds
2346	2346	3 appropriated to the Department for its medical programs,
2347	2347	4 any uninsured person as defined by the Department in rules
2348	2348	5 residing in Illinois who is younger than 65 years of age,
2349	2349	6 who has been screened for breast and cervical cancer in
2350	2350	7 accordance with standards and procedures adopted by the
2351	2351	8 Department of Public Health for screening, and who is
2352	2352	9 referred to the Department by the Department of Public
2353	2353	10 Health as being in need of treatment for breast or
2354	2354	11 cervical cancer is eligible for medical assistance
2355	2355	12 benefits that are consistent with the benefits provided to
2356	2356	13 those persons described in subparagraphs (1) and (2).
2357	2357	14 Medical assistance coverage for the persons who are
2358	2358	15 eligible under the preceding sentence is not dependent on
2359	2359	16 federal approval, but federal moneys may be used to pay
2360	2360	17 for services provided under that coverage upon federal
2361	2361	18 approval.
2362	2362	19 13. Subject to appropriation and to federal approval,
2363	2363	20 persons living with HIV/AIDS who are not otherwise
2364	2364	21 eligible under this Article and who qualify for services
2365	2365	22 covered under Section 5-5.04 as provided by the Illinois
2366	2366	23 Department by rule.
2367	2367	24 14. Subject to the availability of funds for this
2368	2368	25 purpose, the Department may provide coverage under this
2369	2369	26 Article to persons who reside in Illinois who are not
2370	2370
2371	2371
2372	2372
2373	2373
2374	2374
2375	2375	SB3697 - 64 - LRB103 36730 KTG 66840 b
2376	2376
2377	2377
2378	2378	SB3697- 65 -LRB103 36730 KTG 66840 b SB3697 - 65 - LRB103 36730 KTG 66840 b
2379	2379	SB3697 - 65 - LRB103 36730 KTG 66840 b
2380	2380	1 eligible under any of the preceding paragraphs and who
2381	2381	2 meet the income guidelines of paragraph 2(a) of this
2382	2382	3 Section and (i) have an application for asylum pending
2383	2383	4 before the federal Department of Homeland Security or on
2384	2384	5 appeal before a court of competent jurisdiction and are
2385	2385	6 represented either by counsel or by an advocate accredited
2386	2386	7 by the federal Department of Homeland Security and
2387	2387	8 employed by a not-for-profit organization in regard to
2388	2388	9 that application or appeal, or (ii) are receiving services
2389	2389	10 through a federally funded torture treatment center.
2390	2390	11 Medical coverage under this paragraph 14 may be provided
2391	2391	12 for up to 24 continuous months from the initial
2392	2392	13 eligibility date so long as an individual continues to
2393	2393	14 satisfy the criteria of this paragraph 14. If an
2394	2394	15 individual has an appeal pending regarding an application
2395	2395	16 for asylum before the Department of Homeland Security,
2396	2396	17 eligibility under this paragraph 14 may be extended until
2397	2397	18 a final decision is rendered on the appeal. The Department
2398	2398	19 may adopt rules governing the implementation of this
2399	2399	20 paragraph 14.
2400	2400	21 15. Family Care Eligibility.
2401	2401	22 (a) On and after July 1, 2012, a parent or other
2402	2402	23 caretaker relative who is 19 years of age or older when
2403	2403	24 countable income is at or below 133% of the federal
2404	2404	25 poverty level. A person may not spend down to become
2405	2405	26 eligible under this paragraph 15.
2406	2406
2407	2407
2408	2408
2409	2409
2410	2410
2411	2411	SB3697 - 65 - LRB103 36730 KTG 66840 b
2412	2412
2413	2413
2414	2414	SB3697- 66 -LRB103 36730 KTG 66840 b SB3697 - 66 - LRB103 36730 KTG 66840 b
2415	2415	SB3697 - 66 - LRB103 36730 KTG 66840 b
2416	2416	1 (b) Eligibility shall be reviewed annually.
2417	2417	2 (c) (Blank).
2418	2418	3 (d) (Blank).
2419	2419	4 (e) (Blank).
2420	2420	5 (f) (Blank).
2421	2421	6 (g) (Blank).
2422	2422	7 (h) (Blank).
2423	2423	8 (i) Following termination of an individual's
2424	2424	9 coverage under this paragraph 15, the individual must
2425	2425	10 be determined eligible before the person can be
2426	2426	11 re-enrolled.
2427	2427	12 16. Subject to appropriation, uninsured persons who
2428	2428	13 are not otherwise eligible under this Section who have
2429	2429	14 been certified and referred by the Department of Public
2430	2430	15 Health as having been screened and found to need
2431	2431	16 diagnostic evaluation or treatment, or both diagnostic
2432	2432	17 evaluation and treatment, for prostate or testicular
2433	2433	18 cancer. For the purposes of this paragraph 16, uninsured
2434	2434	19 persons are those who do not have creditable coverage, as
2435	2435	20 defined under the Health Insurance Portability and
2436	2436	21 Accountability Act, or have otherwise exhausted any
2437	2437	22 insurance benefits they may have had, for prostate or
2438	2438	23 testicular cancer diagnostic evaluation or treatment, or
2439	2439	24 both diagnostic evaluation and treatment. To be eligible,
2440	2440	25 a person must furnish a Social Security number. A person's
2441	2441	26 assets are exempt from consideration in determining
2442	2442
2443	2443
2444	2444
2445	2445
2446	2446
2447	2447	SB3697 - 66 - LRB103 36730 KTG 66840 b
2448	2448
2449	2449
2450	2450	SB3697- 67 -LRB103 36730 KTG 66840 b SB3697 - 67 - LRB103 36730 KTG 66840 b
2451	2451	SB3697 - 67 - LRB103 36730 KTG 66840 b
2452	2452	1 eligibility under this paragraph 16. Such persons shall be
2453	2453	2 eligible for medical assistance under this paragraph 16
2454	2454	3 for so long as they need treatment for the cancer. A person
2455	2455	4 shall be considered to need treatment if, in the opinion
2456	2456	5 of the person's treating physician, the person requires
2457	2457	6 therapy directed toward cure or palliation of prostate or
2458	2458	7 testicular cancer, including recurrent metastatic cancer
2459	2459	8 that is a known or presumed complication of prostate or
2460	2460	9 testicular cancer and complications resulting from the
2461	2461	10 treatment modalities themselves. Persons who require only
2462	2462	11 routine monitoring services are not considered to need
2463	2463	12 treatment. "Medical assistance" under this paragraph 16
2464	2464	13 shall be identical to the benefits provided under the
2465	2465	14 State's approved plan under Title XIX of the Social
2466	2466	15 Security Act. Notwithstanding any other provision of law,
2467	2467	16 the Department (i) does not have a claim against the
2468	2468	17 estate of a deceased recipient of services under this
2469	2469	18 paragraph 16 and (ii) does not have a lien against any
2470	2470	19 homestead property or other legal or equitable real
2471	2471	20 property interest owned by a recipient of services under
2472	2472	21 this paragraph 16.
2473	2473	22 17. Persons who, pursuant to a waiver approved by the
2474	2474	23 Secretary of the U.S. Department of Health and Human
2475	2475	24 Services, are eligible for medical assistance under Title
2476	2476	25 XIX or XXI of the federal Social Security Act.
2477	2477	26 Notwithstanding any other provision of this Code and
2478	2478
2479	2479
2480	2480
2481	2481
2482	2482
2483	2483	SB3697 - 67 - LRB103 36730 KTG 66840 b
2484	2484
2485	2485
2486	2486	SB3697- 68 -LRB103 36730 KTG 66840 b SB3697 - 68 - LRB103 36730 KTG 66840 b
2487	2487	SB3697 - 68 - LRB103 36730 KTG 66840 b
2488	2488	1 consistent with the terms of the approved waiver, the
2489	2489	2 Illinois Department, may by rule:
2490	2490	3 (a) Limit the geographic areas in which the waiver
2491	2491	4 program operates.
2492	2492	5 (b) Determine the scope, quantity, duration, and
2493	2493	6 quality, and the rate and method of reimbursement, of
2494	2494	7 the medical services to be provided, which may differ
2495	2495	8 from those for other classes of persons eligible for
2496	2496	9 assistance under this Article.
2497	2497	10 (c) Restrict the persons' freedom in choice of
2498	2498	11 providers.
2499	2499	12 18. Beginning January 1, 2014, persons aged 19 or
2500	2500	13 older, but younger than 65, who are not otherwise eligible
2501	2501	14 for medical assistance under this Section 5-2, who qualify
2502	2502	15 for medical assistance pursuant to 42 U.S.C.
2503	2503	16 1396a(a)(10)(A)(i)(VIII) and applicable federal
2504	2504	17 regulations, and who have income at or below 133% of the
2505	2505	18 federal poverty level plus 5% for the applicable family
2506	2506	19 size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
2507	2507	20 applicable federal regulations. Persons eligible for
2508	2508	21 medical assistance under this paragraph 18 shall receive
2509	2509	22 coverage for the Health Benefits Service Package as that
2510	2510	23 term is defined in subsection (m) of Section 5-1.1 of this
2511	2511	24 Code. If Illinois' federal medical assistance percentage
2512	2512	25 (FMAP) is reduced below 90% for persons eligible for
2513	2513	26 medical assistance under this paragraph 18, eligibility
2514	2514
2515	2515
2516	2516
2517	2517
2518	2518
2519	2519	SB3697 - 68 - LRB103 36730 KTG 66840 b
2520	2520
2521	2521
2522	2522	SB3697- 69 -LRB103 36730 KTG 66840 b SB3697 - 69 - LRB103 36730 KTG 66840 b
2523	2523	SB3697 - 69 - LRB103 36730 KTG 66840 b
2524	2524	1 under this paragraph 18 shall cease no later than the end
2525	2525	2 of the third month following the month in which the
2526	2526	3 reduction in FMAP takes effect.
2527	2527	4 19. Beginning January 1, 2014, as required under 42
2528	2528	5 U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
2529	2529	6 and younger than age 26 who are not otherwise eligible for
2530	2530	7 medical assistance under paragraphs (1) through (17) of
2531	2531	8 this Section who (i) were in foster care under the
2532	2532	9 responsibility of the State on the date of attaining age
2533	2533	10 18 or on the date of attaining age 22 21 when a court has
2534	2534	11 continued wardship for good cause as provided in Section
2535	2535	12 2-31 of the Juvenile Court Act of 1987 and (ii) received
2536	2536	13 medical assistance under the Illinois Title XIX State Plan
2537	2537	14 or waiver of such plan while in foster care.
2538	2538	15 20. Beginning January 1, 2018, persons who are
2539	2539	16 foreign-born victims of human trafficking, torture, or
2540	2540	17 other serious crimes as defined in Section 2-19 of this
2541	2541	18 Code and their derivative family members if such persons:
2542	2542	19 (i) reside in Illinois; (ii) are not eligible under any of
2543	2543	20 the preceding paragraphs; (iii) meet the income guidelines
2544	2544	21 of subparagraph (a) of paragraph 2; and (iv) meet the
2545	2545	22 nonfinancial eligibility requirements of Sections 16-2,
2546	2546	23 16-3, and 16-5 of this Code. The Department may extend
2547	2547	24 medical assistance for persons who are foreign-born
2548	2548	25 victims of human trafficking, torture, or other serious
2549	2549	26 crimes whose medical assistance would be terminated
2550	2550
2551	2551
2552	2552
2553	2553
2554	2554
2555	2555	SB3697 - 69 - LRB103 36730 KTG 66840 b
2556	2556
2557	2557
2558	2558	SB3697- 70 -LRB103 36730 KTG 66840 b SB3697 - 70 - LRB103 36730 KTG 66840 b
2559	2559	SB3697 - 70 - LRB103 36730 KTG 66840 b
2560	2560	1 pursuant to subsection (b) of Section 16-5 if the
2561	2561	2 Department determines that the person, during the year of
2562	2562	3 initial eligibility (1) experienced a health crisis, (2)
2563	2563	4 has been unable, after reasonable attempts, to obtain
2564	2564	5 necessary information from a third party, or (3) has other
2565	2565	6 extenuating circumstances that prevented the person from
2566	2566	7 completing his or her application for status. The
2567	2567	8 Department may adopt any rules necessary to implement the
2568	2568	9 provisions of this paragraph.
2569	2569	10 21. Persons who are not otherwise eligible for medical
2570	2570	11 assistance under this Section who may qualify for medical
2571	2571	12 assistance pursuant to 42 U.S.C.
2572	2572	13 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
2573	2573	14 duration of any federal or State declared emergency due to
2574	2574	15 COVID-19. Medical assistance to persons eligible for
2575	2575	16 medical assistance solely pursuant to this paragraph 21
2576	2576	17 shall be limited to any in vitro diagnostic product (and
2577	2577	18 the administration of such product) described in 42 U.S.C.
2578	2578	19 1396d(a)(3)(B) on or after March 18, 2020, any visit
2579	2579	20 described in 42 U.S.C. 1396o(a)(2)(G), or any other
2580	2580	21 medical assistance that may be federally authorized for
2581	2581	22 this class of persons. The Department may also cover
2582	2582	23 treatment of COVID-19 for this class of persons, or any
2583	2583	24 similar category of uninsured individuals, to the extent
2584	2584	25 authorized under a federally approved 1115 Waiver or other
2585	2585	26 federal authority. Notwithstanding the provisions of
2586	2586
2587	2587
2588	2588
2589	2589
2590	2590
2591	2591	SB3697 - 70 - LRB103 36730 KTG 66840 b
2592	2592
2593	2593
2594	2594	SB3697- 71 -LRB103 36730 KTG 66840 b SB3697 - 71 - LRB103 36730 KTG 66840 b
2595	2595	SB3697 - 71 - LRB103 36730 KTG 66840 b
2596	2596	1 Section 1-11 of this Code, due to the nature of the
2597	2597	2 COVID-19 public health emergency, the Department may cover
2598	2598	3 and provide the medical assistance described in this
2599	2599	4 paragraph 21 to noncitizens who would otherwise meet the
2600	2600	5 eligibility requirements for the class of persons
2601	2601	6 described in this paragraph 21 for the duration of the
2602	2602	7 State emergency period.
2603	2603	8 In implementing the provisions of Public Act 96-20, the
2604	2604	9 Department is authorized to adopt only those rules necessary,
2605	2605	10 including emergency rules. Nothing in Public Act 96-20 permits
2606	2606	11 the Department to adopt rules or issue a decision that expands
2607	2607	12 eligibility for the FamilyCare Program to a person whose
2608	2608	13 income exceeds 185% of the Federal Poverty Level as determined
2609	2609	14 from time to time by the U.S. Department of Health and Human
2610	2610	15 Services, unless the Department is provided with express
2611	2611	16 statutory authority.
2612	2612	17 The eligibility of any such person for medical assistance
2613	2613	18 under this Article is not affected by the payment of any grant
2614	2614	19 under the Senior Citizens and Persons with Disabilities
2615	2615	20 Property Tax Relief Act or any distributions or items of
2616	2616	21 income described under subparagraph (X) of paragraph (2) of
2617	2617	22 subsection (a) of Section 203 of the Illinois Income Tax Act.
2618	2618	23 The Department shall by rule establish the amounts of
2619	2619	24 assets to be disregarded in determining eligibility for
2620	2620	25 medical assistance, which shall at a minimum equal the amounts
2621	2621	26 to be disregarded under the Federal Supplemental Security
2622	2622
2623	2623
2624	2624
2625	2625
2626	2626
2627	2627	SB3697 - 71 - LRB103 36730 KTG 66840 b
2628	2628
2629	2629
2630	2630	SB3697- 72 -LRB103 36730 KTG 66840 b SB3697 - 72 - LRB103 36730 KTG 66840 b
2631	2631	SB3697 - 72 - LRB103 36730 KTG 66840 b
2632	2632	1 Income Program. The amount of assets of a single person to be
2633	2633	2 disregarded shall not be less than $2,000, and the amount of
2634	2634	3 assets of a married couple to be disregarded shall not be less
2635	2635	4 than $3,000.
2636	2636	5 To the extent permitted under federal law, any person
2637	2637	6 found guilty of a second violation of Article VIIIA shall be
2638	2638	7 ineligible for medical assistance under this Article, as
2639	2639	8 provided in Section 8A-8.
2640	2640	9 The eligibility of any person for medical assistance under
2641	2641	10 this Article shall not be affected by the receipt by the person
2642	2642	11 of donations or benefits from fundraisers held for the person
2643	2643	12 in cases of serious illness, as long as neither the person nor
2644	2644	13 members of the person's family have actual control over the
2645	2645	14 donations or benefits or the disbursement of the donations or
2646	2646	15 benefits.
2647	2647	16 Notwithstanding any other provision of this Code, if the
2648	2648	17 United States Supreme Court holds Title II, Subtitle A,
2649	2649	18 Section 2001(a) of Public Law 111-148 to be unconstitutional,
2650	2650	19 or if a holding of Public Law 111-148 makes Medicaid
2651	2651	20 eligibility allowed under Section 2001(a) inoperable, the
2652	2652	21 State or a unit of local government shall be prohibited from
2653	2653	22 enrolling individuals in the Medical Assistance Program as the
2654	2654	23 result of federal approval of a State Medicaid waiver on or
2655	2655	24 after June 14, 2012 (the effective date of Public Act 97-687),
2656	2656	25 and any individuals enrolled in the Medical Assistance Program
2657	2657	26 pursuant to eligibility permitted as a result of such a State
2658	2658
2659	2659
2660	2660
2661	2661
2662	2662
2663	2663	SB3697 - 72 - LRB103 36730 KTG 66840 b
2664	2664
2665	2665
2666	2666	SB3697- 73 -LRB103 36730 KTG 66840 b SB3697 - 73 - LRB103 36730 KTG 66840 b
2667	2667	SB3697 - 73 - LRB103 36730 KTG 66840 b
2668	2668	1 Medicaid waiver shall become immediately ineligible.
2669	2669	2 Notwithstanding any other provision of this Code, if an
2670	2670	3 Act of Congress that becomes a Public Law eliminates Section
2671	2671	4 2001(a) of Public Law 111-148, the State or a unit of local
2672	2672	5 government shall be prohibited from enrolling individuals in
2673	2673	6 the Medical Assistance Program as the result of federal
2674	2674	7 approval of a State Medicaid waiver on or after June 14, 2012
2675	2675	8 (the effective date of Public Act 97-687), and any individuals
2676	2676	9 enrolled in the Medical Assistance Program pursuant to
2677	2677	10 eligibility permitted as a result of such a State Medicaid
2678	2678	11 waiver shall become immediately ineligible.
2679	2679	12 Effective October 1, 2013, the determination of
2680	2680	13 eligibility of persons who qualify under paragraphs 5, 6, 8,
2681	2681	14 15, 17, and 18 of this Section shall comply with the
2682	2682	15 requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
2683	2683	16 regulations.
2684	2684	17 The Department of Healthcare and Family Services, the
2685	2685	18 Department of Human Services, and the Illinois health
2686	2686	19 insurance marketplace shall work cooperatively to assist
2687	2687	20 persons who would otherwise lose health benefits as a result
2688	2688	21 of changes made under Public Act 98-104 to transition to other
2689	2689	22 health insurance coverage.
2690	2690	23 (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
2691	2691	24 102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
2692	2692	25 10-8-21; 102-813, eff. 5-13-22.)
2693	2693
2694	2694
2695	2695
2696	2696
2697	2697
2698	2698	SB3697 - 73 - LRB103 36730 KTG 66840 b
2699	2699
2700	2700
2701	2701	SB3697- 74 -LRB103 36730 KTG 66840 b SB3697 - 74 - LRB103 36730 KTG 66840 b
2702	2702	SB3697 - 74 - LRB103 36730 KTG 66840 b
2703	2703	1 Section 35. The Juvenile Court Act of 1987 is amended by
2704	2704	2 changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
2705	2705	3 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
2706	2706	4 Sec. 2-23. Kinds of dispositional orders.
2707	2707	5 (1) The following kinds of orders of disposition may be
2708	2708	6 made in respect of wards of the court:
2709	2709	7 (a) A minor found to be neglected or abused under
2710	2710	8 Section 2-3 or dependent under Section 2-4 may be (1)
2711	2711	9 continued in the custody of the minor's parents, guardian
2712	2712	10 or legal custodian; (2) placed in accordance with Section
2713	2713	11 2-27; (3) restored to the custody of the parent, parents,
2714	2714	12 guardian, or legal custodian, provided the court shall
2715	2715	13 order the parent, parents, guardian, or legal custodian to
2716	2716	14 cooperate with the Department of Children and Family
2717	2717	15 Services and comply with the terms of an after-care plan
2718	2718	16 or risk the loss of custody of the child and the possible
2719	2719	17 termination of their parental rights; or (4) ordered
2720	2720	18 partially or completely emancipated in accordance with the
2721	2721	19 provisions of the Emancipation of Minors Act.
2722	2722	20 If the minor is being restored to the custody of a
2723	2723	21 parent, legal custodian, or guardian who lives outside of
2724	2724	22 Illinois, and an Interstate Compact has been requested and
2725	2725	23 refused, the court may order the Department of Children
2726	2726	24 and Family Services to arrange for an assessment of the
2727	2727	25 minor's proposed living arrangement and for ongoing
2728	2728
2729	2729
2730	2730
2731	2731
2732	2732
2733	2733	SB3697 - 74 - LRB103 36730 KTG 66840 b
2734	2734
2735	2735
2736	2736	SB3697- 75 -LRB103 36730 KTG 66840 b SB3697 - 75 - LRB103 36730 KTG 66840 b
2737	2737	SB3697 - 75 - LRB103 36730 KTG 66840 b
2738	2738	1 monitoring of the health, safety, and best interest of the
2739	2739	2 minor and compliance with any order of protective
2740	2740	3 supervision entered in accordance with Section 2-24.
2741	2741	4 However, in any case in which a minor is found by the
2742	2742	5 court to be neglected or abused under Section 2-3 of this
2743	2743	6 Act, custody of the minor shall not be restored to any
2744	2744	7 parent, guardian or legal custodian whose acts or
2745	2745	8 omissions or both have been identified, pursuant to
2746	2746	9 subsection (1) of Section 2-21, as forming the basis for
2747	2747	10 the court's finding of abuse or neglect, until such time
2748	2748	11 as a hearing is held on the issue of the best interests of
2749	2749	12 the minor and the fitness of such parent, guardian or
2750	2750	13 legal custodian to care for the minor without endangering
2751	2751	14 the minor's health or safety, and the court enters an
2752	2752	15 order that such parent, guardian or legal custodian is fit
2753	2753	16 to care for the minor.
2754	2754	17 (b) A minor found to be dependent under Section 2-4
2755	2755	18 may be (1) placed in accordance with Section 2-27 or (2)
2756	2756	19 ordered partially or completely emancipated in accordance
2757	2757	20 with the provisions of the Emancipation of Minors Act.
2758	2758	21 However, in any case in which a minor is found by the
2759	2759	22 court to be dependent under Section 2-4 of this Act,
2760	2760	23 custody of the minor shall not be restored to any parent,
2761	2761	24 guardian or legal custodian whose acts or omissions or
2762	2762	25 both have been identified, pursuant to subsection (1) of
2763	2763	26 Section 2-21, as forming the basis for the court's finding
2764	2764
2765	2765
2766	2766
2767	2767
2768	2768
2769	2769	SB3697 - 75 - LRB103 36730 KTG 66840 b
2770	2770
2771	2771
2772	2772	SB3697- 76 -LRB103 36730 KTG 66840 b SB3697 - 76 - LRB103 36730 KTG 66840 b
2773	2773	SB3697 - 76 - LRB103 36730 KTG 66840 b
2774	2774	1 of dependency, until such time as a hearing is held on the
2775	2775	2 issue of the fitness of such parent, guardian or legal
2776	2776	3 custodian to care for the minor without endangering the
2777	2777	4 minor's health or safety, and the court enters an order
2778	2778	5 that such parent, guardian or legal custodian is fit to
2779	2779	6 care for the minor.
2780	2780	7 (b-1) A minor between the ages of 18 and 23 21 may be
2781	2781	8 placed pursuant to Section 2-27 of this Act if (1) the
2782	2782	9 court has granted a supplemental petition to reinstate
2783	2783	10 wardship of the minor pursuant to subsection (2) of
2784	2784	11 Section 2-33, (2) the court has adjudicated the minor a
2785	2785	12 ward of the court, permitted the minor to return home
2786	2786	13 under an order of protection, and subsequently made a
2787	2787	14 finding that it is in the minor's best interest to vacate
2788	2788	15 the order of protection and commit the minor to the
2789	2789	16 Department of Children and Family Services for care and
2790	2790	17 service, or (3) the court returned the minor to the
2791	2791	18 custody of the respondent under Section 2-4b of this Act
2792	2792	19 without terminating the proceedings under Section 2-31 of
2793	2793	20 this Act, and subsequently made a finding that it is in the
2794	2794	21 minor's best interest to commit the minor to the
2795	2795	22 Department of Children and Family Services for care and
2796	2796	23 services.
2797	2797	24 (c) When the court awards guardianship to the
2798	2798	25 Department of Children and Family Services, the court
2799	2799	26 shall order the parents to cooperate with the Department
2800	2800
2801	2801
2802	2802
2803	2803
2804	2804
2805	2805	SB3697 - 76 - LRB103 36730 KTG 66840 b
2806	2806
2807	2807
2808	2808	SB3697- 77 -LRB103 36730 KTG 66840 b SB3697 - 77 - LRB103 36730 KTG 66840 b
2809	2809	SB3697 - 77 - LRB103 36730 KTG 66840 b
2810	2810	1 of Children and Family Services, comply with the terms of
2811	2811	2 the service plans, and correct the conditions that require
2812	2812	3 the child to be in care, or risk termination of their
2813	2813	4 parental rights.
2814	2814	5 (2) Any order of disposition may provide for protective
2815	2815	6 supervision under Section 2-24 and may include an order of
2816	2816	7 protection under Section 2-25.
2817	2817	8 Unless the order of disposition expressly so provides, it
2818	2818	9 does not operate to close proceedings on the pending petition,
2819	2819	10 but is subject to modification, not inconsistent with Section
2820	2820	11 2-28, until final closing and discharge of the proceedings
2821	2821	12 under Section 2-31.
2822	2822	13 (3) The court also shall enter any other orders necessary
2823	2823	14 to fulfill the service plan, including, but not limited to,
2824	2824	15 (i) orders requiring parties to cooperate with services, (ii)
2825	2825	16 restraining orders controlling the conduct of any party likely
2826	2826	17 to frustrate the achievement of the goal, and (iii) visiting
2827	2827	18 orders. When the child is placed separately from a sibling,
2828	2828	19 the court shall review the Sibling Contact Support Plan
2829	2829	20 developed under subsection (f) of Section 7.4 of the Children
2830	2830	21 and Family Services Act, if applicable. If the Department has
2831	2831	22 not convened a meeting to develop a Sibling Contact Support
2832	2832	23 Plan, or if the court finds that the existing Plan is not in
2833	2833	24 the child's best interest, the court may enter an order
2834	2834	25 requiring the Department to develop and implement a Sibling
2835	2835	26 Contact Support Plan under subsection (f) of Section 7.4 of
2836	2836
2837	2837
2838	2838
2839	2839
2840	2840
2841	2841	SB3697 - 77 - LRB103 36730 KTG 66840 b
2842	2842
2843	2843
2844	2844	SB3697- 78 -LRB103 36730 KTG 66840 b SB3697 - 78 - LRB103 36730 KTG 66840 b
2845	2845	SB3697 - 78 - LRB103 36730 KTG 66840 b
2846	2846	1 the Children and Family Services Act or order mediation.
2847	2847	2 Unless otherwise specifically authorized by law, the court is
2848	2848	3 not empowered under this subsection (3) to order specific
2849	2849	4 placements, specific services, or specific service providers
2850	2850	5 to be included in the plan. If, after receiving evidence, the
2851	2851	6 court determines that the services contained in the plan are
2852	2852	7 not reasonably calculated to facilitate achievement of the
2853	2853	8 permanency goal, the court shall put in writing the factual
2854	2854	9 basis supporting the determination and enter specific findings
2855	2855	10 based on the evidence. The court also shall enter an order for
2856	2856	11 the Department to develop and implement a new service plan or
2857	2857	12 to implement changes to the current service plan consistent
2858	2858	13 with the court's findings. The new service plan shall be filed
2859	2859	14 with the court and served on all parties within 45 days after
2860	2860	15 the date of the order. The court shall continue the matter
2861	2861	16 until the new service plan is filed. Except as authorized by
2862	2862	17 subsection (3.5) of this Section or authorized by law, the
2863	2863	18 court is not empowered under this Section to order specific
2864	2864	19 placements, specific services, or specific service providers
2865	2865	20 to be included in the service plan.
2866	2866	21 (3.5) If, after reviewing the evidence, including evidence
2867	2867	22 from the Department, the court determines that the minor's
2868	2868	23 current or planned placement is not necessary or appropriate
2869	2869	24 to facilitate achievement of the permanency goal, the court
2870	2870	25 shall put in writing the factual basis supporting its
2871	2871	26 determination and enter specific findings based on the
2872	2872
2873	2873
2874	2874
2875	2875
2876	2876
2877	2877	SB3697 - 78 - LRB103 36730 KTG 66840 b
2878	2878
2879	2879
2880	2880	SB3697- 79 -LRB103 36730 KTG 66840 b SB3697 - 79 - LRB103 36730 KTG 66840 b
2881	2881	SB3697 - 79 - LRB103 36730 KTG 66840 b
2882	2882	1 evidence. If the court finds that the minor's current or
2883	2883	2 planned placement is not necessary or appropriate, the court
2884	2884	3 may enter an order directing the Department to implement a
2885	2885	4 recommendation by the minor's treating clinician or a
2886	2886	5 clinician contracted by the Department to evaluate the minor
2887	2887	6 or a recommendation made by the Department. If the Department
2888	2888	7 places a minor in a placement under an order entered under this
2889	2889	8 subsection (3.5), the Department has the authority to remove
2890	2890	9 the minor from that placement when a change in circumstances
2891	2891	10 necessitates the removal to protect the minor's health,
2892	2892	11 safety, and best interest. If the Department determines
2893	2893	12 removal is necessary, the Department shall notify the parties
2894	2894	13 of the planned placement change in writing no later than 10
2895	2895	14 days prior to the implementation of its determination unless
2896	2896	15 remaining in the placement poses an imminent risk of harm to
2897	2897	16 the minor, in which case the Department shall notify the
2898	2898	17 parties of the placement change in writing immediately
2899	2899	18 following the implementation of its decision. The Department
2900	2900	19 shall notify others of the decision to change the minor's
2901	2901	20 placement as required by Department rule.
2902	2902	21 (4) In addition to any other order of disposition, the
2903	2903	22 court may order any minor adjudicated neglected with respect
2904	2904	23 to the minor's own injurious behavior to make restitution, in
2905	2905	24 monetary or non-monetary form, under the terms and conditions
2906	2906	25 of Section 5-5-6 of the Unified Code of Corrections, except
2907	2907	26 that the "presentence hearing" referred to therein shall be
2908	2908
2909	2909
2910	2910
2911	2911
2912	2912
2913	2913	SB3697 - 79 - LRB103 36730 KTG 66840 b
2914	2914
2915	2915
2916	2916	SB3697- 80 -LRB103 36730 KTG 66840 b SB3697 - 80 - LRB103 36730 KTG 66840 b
2917	2917	SB3697 - 80 - LRB103 36730 KTG 66840 b
2918	2918	1 the dispositional hearing for purposes of this Section. The
2919	2919	2 parent, guardian or legal custodian of the minor may pay some
2920	2920	3 or all of such restitution on the minor's behalf.
2921	2921	4 (5) Any order for disposition where the minor is committed
2922	2922	5 or placed in accordance with Section 2-27 shall provide for
2923	2923	6 the parents or guardian of the estate of such minor to pay to
2924	2924	7 the legal custodian or guardian of the person of the minor such
2925	2925	8 sums as are determined by the custodian or guardian of the
2926	2926	9 person of the minor as necessary for the minor's needs. Such
2927	2927	10 payments may not exceed the maximum amounts provided for by
2928	2928	11 Section 9.1 of the Children and Family Services Act.
2929	2929	12 (6) Whenever the order of disposition requires the minor
2930	2930	13 to attend school or participate in a program of training, the
2931	2931	14 truant officer or designated school official shall regularly
2932	2932	15 report to the court if the minor is a chronic or habitual
2933	2933	16 truant under Section 26-2a of the School Code.
2934	2934	17 (7) The court may terminate the parental rights of a
2935	2935	18 parent at the initial dispositional hearing if all of the
2936	2936	19 conditions in subsection (5) of Section 2-21 are met.
2937	2937	20 (Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
2938	2938	21 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
2939	2939	22 Sec. 2-31. Duration of wardship and discharge of
2940	2940	23 proceedings.
2941	2941	24 (1) All proceedings under Article II of this Act in
2942	2942	25 respect of any minor automatically terminate upon the minor
2943	2943
2944	2944
2945	2945
2946	2946
2947	2947
2948	2948	SB3697 - 80 - LRB103 36730 KTG 66840 b
2949	2949
2950	2950
2951	2951	SB3697- 81 -LRB103 36730 KTG 66840 b SB3697 - 81 - LRB103 36730 KTG 66840 b
2952	2952	SB3697 - 81 - LRB103 36730 KTG 66840 b
2953	2953	1 attaining the age of 23 21 years.
2954	2954	2 (2) Whenever the court determines, and makes written
2955	2955	3 factual findings, that health, safety, and the best interests
2956	2956	4 of the minor and the public no longer require the wardship of
2957	2957	5 the court, the court shall order the wardship terminated and
2958	2958	6 all proceedings under this Act respecting that minor finally
2959	2959	7 closed and discharged. The court may at the same time continue
2960	2960	8 or terminate any custodianship or guardianship theretofore
2961	2961	9 ordered but the termination must be made in compliance with
2962	2962	10 Section 2-28. When terminating wardship under this Section, if
2963	2963	11 the minor is over 18 or if wardship is terminated in
2964	2964	12 conjunction with an order partially or completely emancipating
2965	2965	13 the minor in accordance with the Emancipation of Minors Act,
2966	2966	14 the court shall also consider the following factors, in
2967	2967	15 addition to the health, safety, and best interest of the minor
2968	2968	16 and the public: (A) the minor's wishes regarding case closure;
2969	2969	17 (B) the manner in which the minor will maintain independence
2970	2970	18 without services from the Department; (C) the minor's
2971	2971	19 engagement in services including placement offered by the
2972	2972	20 Department; (D) if the minor is not engaged, the Department's
2973	2973	21 efforts to engage the minor; (E) the nature of communication
2974	2974	22 between the minor and the Department; (F) the minor's
2975	2975	23 involvement in other State systems or services; (G) the
2976	2976	24 minor's connections with family and other community support;
2977	2977	25 and (H) any other factor the court deems relevant. The minor's
2978	2978	26 lack of cooperation with services provided by the Department
2979	2979
2980	2980
2981	2981
2982	2982
2983	2983
2984	2984	SB3697 - 81 - LRB103 36730 KTG 66840 b
2985	2985
2986	2986
2987	2987	SB3697- 82 -LRB103 36730 KTG 66840 b SB3697 - 82 - LRB103 36730 KTG 66840 b
2988	2988	SB3697 - 82 - LRB103 36730 KTG 66840 b
2989	2989	1 of Children and Family Services shall not by itself be
2990	2990	2 considered sufficient evidence that the minor is prepared to
2991	2991	3 live independently and that it is in the best interest of the
2992	2992	4 minor to terminate wardship. It shall not be in the minor's
2993	2993	5 best interest to terminate wardship of a minor over the age of
2994	2994	6 18 who is in the guardianship of the Department of Children and
2995	2995	7 Family Services if the Department has not made reasonable
2996	2996	8 efforts to ensure that the minor has documents necessary for
2997	2997	9 adult living as provided in Section 35.10 of the Children and
2998	2998	10 Family Services Act.
2999	2999	11 (3) The wardship of the minor and any custodianship or
3000	3000	12 guardianship respecting the minor for whom a petition was
3001	3001	13 filed after July 24, 1991 (the effective date of Public Act
3002	3002	14 87-14) automatically terminates when the minor attains the age
3003	3003	15 of 19 years, except as set forth in subsection (1) of this
3004	3004	16 Section. The clerk of the court shall at that time record all
3005	3005	17 proceedings under this Act as finally closed and discharged
3006	3006	18 for that reason. The provisions of this subsection (3) become
3007	3007	19 inoperative on and after July 12, 2019 (the effective date of
3008	3008	20 Public Act 101-78).
3009	3009	21 (4) Notwithstanding any provision of law to the contrary,
3010	3010	22 the changes made by Public Act 101-78 apply to all cases that
3011	3011	23 are pending on or after July 12, 2019 (the effective date of
3012	3012	24 Public Act 101-78).
3013	3013	25 (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
3014	3014
3015	3015
3016	3016
3017	3017
3018	3018
3019	3019	SB3697 - 82 - LRB103 36730 KTG 66840 b
3020	3020
3021	3021
3022	3022	SB3697- 83 -LRB103 36730 KTG 66840 b SB3697 - 83 - LRB103 36730 KTG 66840 b
3023	3023	SB3697 - 83 - LRB103 36730 KTG 66840 b
3024	3024	1 (705 ILCS 405/2-33)
3025	3025	2 Sec. 2-33. Supplemental petition to reinstate wardship.
3026	3026	3 (1) Any time prior to a minor's 18th birthday, pursuant to
3027	3027	4 a supplemental petition filed under this Section, the court
3028	3028	5 may reinstate wardship and open a previously closed case when:
3029	3029	6 (a) wardship and guardianship under the Juvenile Court
3030	3030	7 Act of 1987 was vacated in conjunction with the
3031	3031	8 appointment of a private guardian under the Probate Act of
3032	3032	9 1975;
3033	3033	10 (b) the minor is not presently a ward of the court
3034	3034	11 under Article II of this Act nor is there a petition for
3035	3035	12 adjudication of wardship pending on behalf of the minor;
3036	3036	13 and
3037	3037	14 (c) it is in the minor's best interest that wardship
3038	3038	15 be reinstated.
3039	3039	16 (2) Any time prior to a minor's 23rd 21st birthday,
3040	3040	17 pursuant to a supplemental petition filed under this Section,
3041	3041	18 the court may reinstate wardship and open a previously closed
3042	3042	19 case when:
3043	3043	20 (a) wardship and guardianship under this Act was
3044	3044	21 vacated pursuant to:
3045	3045	22 (i) an order entered under subsection (2) of
3046	3046	23 Section 2-31 in the case of a minor over the age of 18;
3047	3047	24 (ii) closure of a case under subsection (2) of
3048	3048	25 Section 2-31 in the case of a minor under the age of 18
3049	3049	26 who has been partially or completely emancipated in
3050	3050
3051	3051
3052	3052
3053	3053
3054	3054
3055	3055	SB3697 - 83 - LRB103 36730 KTG 66840 b
3056	3056
3057	3057
3058	3058	SB3697- 84 -LRB103 36730 KTG 66840 b SB3697 - 84 - LRB103 36730 KTG 66840 b
3059	3059	SB3697 - 84 - LRB103 36730 KTG 66840 b
3060	3060	1 accordance with the Emancipation of Minors Act; or
3061	3061	2 (iii) an order entered under subsection (3) of
3062	3062	3 Section 2-31 based on the minor's attaining the age of
3063	3063	4 19 years before the effective date of this amendatory
3064	3064	5 Act of the 101st General Assembly;
3065	3065	6 (b) the minor is not presently a ward of the court
3066	3066	7 under Article II of this Act nor is there a petition for
3067	3067	8 adjudication of wardship pending on behalf of the minor;
3068	3068	9 and
3069	3069	10 (c) it is in the minor's best interest that wardship
3070	3070	11 be reinstated.
3071	3071	12 (3) The supplemental petition must be filed in the same
3072	3072	13 proceeding in which the original adjudication order was
3073	3073	14 entered. Unless excused by court for good cause shown, the
3074	3074	15 petitioner shall give notice of the time and place of the
3075	3075	16 hearing on the supplemental petition, in person or by mail, to
3076	3076	17 the minor, if the minor is 14 years of age or older, and to the
3077	3077	18 parties to the juvenile court proceeding. Notice shall be
3078	3078	19 provided at least 3 court days in advance of the hearing date.
3079	3079	20 (3.5) Whenever a petition is filed to reinstate wardship
3080	3080	21 pursuant to subsection (1), prior to granting the petition,
3081	3081	22 the court may order the Department of Children and Family
3082	3082	23 Services to assess the minor's current and proposed living
3083	3083	24 arrangements and to provide ongoing monitoring of the health,
3084	3084	25 safety, and best interest of the minor during the pendency of
3085	3085	26 the petition to assist the court in making that determination.
3086	3086
3087	3087
3088	3088
3089	3089
3090	3090
3091	3091	SB3697 - 84 - LRB103 36730 KTG 66840 b
3092	3092
3093	3093
3094	3094	SB3697- 85 -LRB103 36730 KTG 66840 b SB3697 - 85 - LRB103 36730 KTG 66840 b
3095	3095	SB3697 - 85 - LRB103 36730 KTG 66840 b
3096	3096	1 (4) A minor who is the subject of a petition to reinstate
3097	3097	2 wardship under this Section shall be provided with
3098	3098	3 representation in accordance with Sections 1-5 and 2-17 of
3099	3099	4 this Act.
3100	3100	5 (5) Whenever a minor is committed to the Department of
3101	3101	6 Children and Family Services for care and services following
3102	3102	7 the reinstatement of wardship under this Section, the
3103	3103	8 Department shall:
3104	3104	9 (a) Within 30 days of such commitment, prepare and
3105	3105	10 file with the court a case plan which complies with the
3106	3106	11 federal Adoption Assistance and Child Welfare Act of 1980
3107	3107	12 and is consistent with the health, safety and best
3108	3108	13 interests of the minor; and
3109	3109	14 (b) Promptly refer the minor for such services as are
3110	3110	15 necessary and consistent with the minor's health, safety
3111	3111	16 and best interests.
3112	3112	17 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
3113	3113	18 (705 ILCS 405/2-34)
3114	3114	19 Sec. 2-34. Motion to reinstate parental rights.
3115	3115	20 (1) For purposes of this subsection (1), the term "parent"
3116	3116	21 refers to the person or persons whose rights were terminated
3117	3117	22 as described in paragraph (a) of this subsection; and the term
3118	3118	23 "minor" means a person under the age of 23 21 years subject to
3119	3119	24 this Act for whom the Department of Children and Family
3120	3120	25 Services Guardianship Administrator is appointed the temporary
3121	3121
3122	3122
3123	3123
3124	3124
3125	3125
3126	3126	SB3697 - 85 - LRB103 36730 KTG 66840 b
3127	3127
3128	3128
3129	3129	SB3697- 86 -LRB103 36730 KTG 66840 b SB3697 - 86 - LRB103 36730 KTG 66840 b
3130	3130	SB3697 - 86 - LRB103 36730 KTG 66840 b
3131	3131	1 custodian or guardian.
3132	3132	2 A motion to reinstate parental rights may be filed only by
3133	3133	3 the Department of Children and Family Services or the minor
3134	3134	4 regarding any minor who is presently a ward of the court under
3135	3135	5 Article II of this Act when all the conditions set out in
3136	3136	6 paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
3137	3137	7 subsection (1) are met:
3138	3138	8 (a) while the minor was under the jurisdiction of the
3139	3139	9 court under Article II of this Act, the minor's parent or
3140	3140	10 parents surrendered the minor for adoption to an agency
3141	3141	11 legally authorized to place children for adoption, or the
3142	3142	12 minor's parent or parents consented to the minor's
3143	3143	13 adoption, or the minor's parent or parents consented to
3144	3144	14 the minor's adoption by a specified person or persons, or
3145	3145	15 the parent or parents' rights were terminated pursuant to
3146	3146	16 a finding of unfitness pursuant to Section 2-29 of this
3147	3147	17 Act and a guardian was appointed with the power to consent
3148	3148	18 to adoption pursuant to Section 2-29 of this Act; and
3149	3149	19 (b) (i) since the signing of the surrender, the
3150	3150	20 signing of the consent, or the unfitness finding, the
3151	3151	21 minor has remained a ward of the Court under Article II of
3152	3152	22 this Act; or
3153	3153	23 (ii) the minor was made a ward of the Court, the minor
3154	3154	24 was placed in the private guardianship of an individual or
3155	3155	25 individuals, and after the appointment of a private
3156	3156	26 guardian and a new petition alleging abuse, neglect, or
3157	3157
3158	3158
3159	3159
3160	3160
3161	3161
3162	3162	SB3697 - 86 - LRB103 36730 KTG 66840 b
3163	3163
3164	3164
3165	3165	SB3697- 87 -LRB103 36730 KTG 66840 b SB3697 - 87 - LRB103 36730 KTG 66840 b
3166	3166	SB3697 - 87 - LRB103 36730 KTG 66840 b
3167	3167	1 dependency pursuant to Section 2-3 or 2-4 is filed, and
3168	3168	2 the minor is again found by the court to be abused,
3169	3169	3 neglected or dependent; or a supplemental petition to
3170	3170	4 reinstate wardship is filed pursuant to Section 2-33, and
3171	3171	5 the court reinstates wardship; or
3172	3172	6 (iii) the minor was made a ward of the Court, wardship
3173	3173	7 was terminated after the minor was adopted, after the
3174	3174	8 adoption a new petition alleging abuse, neglect, or
3175	3175	9 dependency pursuant to Section 2-3 or 2-4 is filed, and
3176	3176	10 the minor is again found by the court to be abused,
3177	3177	11 neglected, or dependent, and either (i) the adoptive
3178	3178	12 parent or parents are deceased, (ii) the adoptive parent
3179	3179	13 or parents signed a surrender of parental rights, or (iii)
3180	3180	14 the parental rights of the adoptive parent or parents were
3181	3181	15 terminated;
3182	3182	16 (c) the minor is not currently in a placement likely
3183	3183	17 to achieve permanency;
3184	3184	18 (d) it is in the minor's best interest that parental
3185	3185	19 rights be reinstated;
3186	3186	20 (e) the parent named in the motion wishes parental
3187	3187	21 rights to be reinstated and is currently appropriate to
3188	3188	22 have rights reinstated;
3189	3189	23 (f) more than 3 years have lapsed since the signing of
3190	3190	24 the consent or surrender, or the entry of the order
3191	3191	25 appointing a guardian with the power to consent to
3192	3192	26 adoption;
3193	3193
3194	3194
3195	3195
3196	3196
3197	3197
3198	3198	SB3697 - 87 - LRB103 36730 KTG 66840 b
3199	3199
3200	3200
3201	3201	SB3697- 88 -LRB103 36730 KTG 66840 b SB3697 - 88 - LRB103 36730 KTG 66840 b
3202	3202	SB3697 - 88 - LRB103 36730 KTG 66840 b
3203	3203	1 (g) (i) the child is 13 years of age or older or (ii)
3204	3204	2 the child is the younger sibling of such child, 13 years of
3205	3205	3 age or older, for whom reinstatement of parental rights is
3206	3206	4 being sought and the younger sibling independently meets
3207	3207	5 the criteria set forth in paragraphs (a) through (h) of
3208	3208	6 this subsection; and
3209	3209	7 (h) if the court has previously denied a motion to
3210	3210	8 reinstate parental rights filed by the Department, there
3211	3211	9 has been a substantial change in circumstances following
3212	3212	10 the denial of the earlier motion.
3213	3213	11 (2) The motion may be filed only by the Department of
3214	3214	12 Children and Family Services or by the minor. Unless excused
3215	3215	13 by the court for good cause shown, the movant shall give notice
3216	3216	14 of the time and place of the hearing on the motion, in person
3217	3217	15 or by mail, to the parties to the juvenile court proceeding.
3218	3218	16 Notice shall be provided at least 14 days in advance of the
3219	3219	17 hearing date. The motion shall include the allegations
3220	3220	18 required in subsection (1) of this Section.
3221	3221	19 (3) Any party may file a motion to dismiss the motion with
3222	3222	20 prejudice on the basis that the parent has intentionally acted
3223	3223	21 to prevent the child from being adopted, after parental rights
3224	3224	22 were terminated or the parent intentionally acted to disrupt
3225	3225	23 the child's adoption. If the court finds by a preponderance of
3226	3226	24 the evidence that the parent has intentionally acted to
3227	3227	25 prevent the child from being adopted, after parental rights
3228	3228	26 were terminated or that the parent intentionally acted to
3229	3229
3230	3230
3231	3231
3232	3232
3233	3233
3234	3234	SB3697 - 88 - LRB103 36730 KTG 66840 b
3235	3235
3236	3236
3237	3237	SB3697- 89 -LRB103 36730 KTG 66840 b SB3697 - 89 - LRB103 36730 KTG 66840 b
3238	3238	SB3697 - 89 - LRB103 36730 KTG 66840 b
3239	3239	1 disrupt the child's adoption, the court shall dismiss the
3240	3240	2 petition with prejudice.
3241	3241	3 (4) The court shall not grant a motion for reinstatement
3242	3242	4 of parental rights unless the court finds that the motion is
3243	3243	5 supported by clear and convincing evidence. In ruling on a
3244	3244	6 motion to reinstate parental rights, the court shall make
3245	3245	7 findings consistent with the requirements in subsection (1) of
3246	3246	8 this Section. The court shall consider the reasons why the
3247	3247	9 child was initially brought to the attention of the court, the
3248	3248	10 history of the child's case as it relates to the parent seeking
3249	3249	11 reinstatement, and the current circumstances of the parent for
3250	3250	12 whom reinstatement of rights is sought. If reinstatement is
3251	3251	13 being considered subsequent to a finding of unfitness pursuant
3252	3252	14 to Section 2-29 of this Act having been entered with respect to
3253	3253	15 the parent whose rights are being restored, the court in
3254	3254	16 determining the minor's best interest shall consider, in
3255	3255	17 addition to the factors set forth in paragraph (4.05) of
3256	3256	18 Section 1-3 of this Act, the specific grounds upon which the
3257	3257	19 unfitness findings were made. Upon the entry of an order
3258	3258	20 granting a motion to reinstate parental rights, parental
3259	3259	21 rights of the parent named in the order shall be reinstated,
3260	3260	22 any previous order appointing a guardian with the power to
3261	3261	23 consent to adoption shall be void and with respect to the
3262	3262	24 parent named in the order, any consent shall be void.
3263	3263	25 (5) If the case is post-disposition, the court, upon the
3264	3264	26 entry of an order granting a motion to reinstate parental
3265	3265
3266	3266
3267	3267
3268	3268
3269	3269
3270	3270	SB3697 - 89 - LRB103 36730 KTG 66840 b
3271	3271
3272	3272
3273	3273	SB3697- 90 -LRB103 36730 KTG 66840 b SB3697 - 90 - LRB103 36730 KTG 66840 b
3274	3274	SB3697 - 90 - LRB103 36730 KTG 66840 b
3275	3275	1 rights, shall schedule the matter for a permanency hearing
3276	3276	2 pursuant to Section 2-28 of this Act within 45 days.
3277	3277	3 (6) Custody of the minor shall not be restored to the
3278	3278	4 parent, except by order of court pursuant to subsection (4) of
3279	3279	5 Section 2-28 of this Act.
3280	3280	6 (7) In any case involving a child over the age of 13 who
3281	3281	7 meets the criteria established in this Section for
3282	3282	8 reinstatement of parental rights, the Department of Children
3283	3283	9 and Family Services shall conduct an assessment of the child's
3284	3284	10 circumstances to assist in future planning for the child,
3285	3285	11 including, but not limited to a determination regarding the
3286	3286	12 appropriateness of filing a motion to reinstate parental
3287	3287	13 rights.
3288	3288	14 (8) (Blank).
3289	3289	15 (Source: P.A. 103-22, eff. 8-8-23.)
3290	3290	16 Section 40. The Unified Code of Corrections is amended by
3291	3291	17 changing Section 5-9-1.21 as follows:
3292	3292	18 (730 ILCS 5/5-9-1.21)
3293	3293	19 Sec. 5-9-1.21. Specialized Services for Survivors of Human
3294	3294	20 Trafficking Fund.
3295	3295	21 (a) There is created in the State treasury a Specialized
3296	3296	22 Services for Survivors of Human Trafficking Fund. Moneys
3297	3297	23 deposited into the Fund under this Section shall be available
3298	3298	24 for the Department of Human Services for the purposes in this
3299	3299
3300	3300
3301	3301
3302	3302
3303	3303
3304	3304	SB3697 - 90 - LRB103 36730 KTG 66840 b
3305	3305
3306	3306
3307	3307	SB3697- 91 -LRB103 36730 KTG 66840 b SB3697 - 91 - LRB103 36730 KTG 66840 b
3308	3308	SB3697 - 91 - LRB103 36730 KTG 66840 b
3309	3309	1 Section.
3310	3310	2 (b) (Blank).
3311	3311	3 (c) (Blank).
3312	3312	4 (d) Upon appropriation of moneys from the Specialized
3313	3313	5 Services for Survivors of Human Trafficking Fund, the
3314	3314	6 Department of Human Services shall use these moneys to make
3315	3315	7 grants to non-governmental organizations that to provide
3316	3316	8 specialized comprehensive treatment and support services ,
3317	3317	9 trauma-informed services specifically designed to address the
3318	3318	10 priority service needs associated with prostitution and human
3319	3319	11 trafficking. Priority services include, but are not limited
3320	3320	12 to, community based drop-in centers, emergency housing, and
3321	3321	13 long-term safe homes, medical care, mental health and
3322	3322	14 substance abuse care, nutritional counseling, job training,
3323	3323	15 transportation, and other basic human needs. The Department
3324	3324	16 shall consult with prostitution and human trafficking
3325	3325	17 advocates, survivors, and service providers to identify
3326	3326	18 priority service needs in their respective communities.
3327	3327	19 (e) Grants made under this Section are in addition to, and
3328	3328	20 not substitutes for, other grants authorized and made by the
3329	3329	21 Department.
3330	3330	22 (f) Notwithstanding any other law to the contrary, the
3331	3331	23 Specialized Services for Survivors of Human Trafficking Fund
3332	3332	24 is not subject to sweeps, administrative charge-backs, or any
3333	3333	25 other fiscal maneuver that would in any way transfer any
3334	3334	26 amounts from the Specialized Services for Survivors of Human
3335	3335
3336	3336
3337	3337
3338	3338
3339	3339
3340	3340	SB3697 - 91 - LRB103 36730 KTG 66840 b
3341	3341
3342	3342
3343	3343	SB3697- 92 -LRB103 36730 KTG 66840 b SB3697 - 92 - LRB103 36730 KTG 66840 b
3344	3344	SB3697 - 92 - LRB103 36730 KTG 66840 b
3345	3345	1 Trafficking Fund into any other fund of the State.
3346	3346	2 (g) Subsections (b) and (c) of Section 5 of the State
3347	3347	3 Finance Act do not apply to the Specialized Services for
3348	3348	4 Survivors of Human Trafficking Fund.
3349	3349	5 (Source: P.A. 100-987, eff. 7-1-19.)
3350	3350	6 Section 99. Effective date. This Act takes effect upon
3351	3351	7 becoming law.
3352	3352	SB3697- 93 -LRB103 36730 KTG 66840 b 1 INDEX 2 Statutes amended in order of appearance SB3697- 93 -LRB103 36730 KTG 66840 b SB3697 - 93 - LRB103 36730 KTG 66840 b 1 INDEX 2 Statutes amended in order of appearance
3353	3353	SB3697- 93 -LRB103 36730 KTG 66840 b SB3697 - 93 - LRB103 36730 KTG 66840 b
3354	3354	SB3697 - 93 - LRB103 36730 KTG 66840 b
3355	3355	1 INDEX
3356	3356	2 Statutes amended in order of appearance
3357	3357
3358	3358
3359	3359
3360	3360
3361	3361
3362	3362	SB3697 - 92 - LRB103 36730 KTG 66840 b
3363	3363
3364	3364
3365	3365
3366	3366	SB3697- 93 -LRB103 36730 KTG 66840 b SB3697 - 93 - LRB103 36730 KTG 66840 b
3367	3367	SB3697 - 93 - LRB103 36730 KTG 66840 b
3368	3368	1 INDEX
3369	3369	2 Statutes amended in order of appearance
3370	3370
3371	3371
3372	3372
3373	3373
3374	3374
3375	3375	SB3697 - 93 - LRB103 36730 KTG 66840 b