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 Bill Status of HB5598  98th General Assembly


Short Description:  DCFS-VOLUNTARY PLACEMENT

House Sponsors
Rep. Sara Feigenholtz - Keith P. Sommer - Michelle Mussman - Sam Yingling - Cynthia Soto and Ann Williams

Senate Sponsors
(Sen. Julie A. Morrison - Iris Y. Martinez - Pamela J. Althoff, Jacqueline Y. Collins, Karen McConnaughay, Melinda Bush, Michael W. Frerichs, Steven M. Landek, Napoleon Harris, III, Steve Stadelman, Daniel Biss and Michael Noland)

Last Action
DateChamber Action
  8/1/2014HousePublic Act . . . . . . . . . 98-0808

Statutes Amended In Order of Appearance
20 ILCS 505/5.40 new
20 ILCS 505/5.41 new


Synopsis As Introduced
Amends the Children and Family Services Act. Provides that when a child is voluntarily placed in out-of-home care funded by the Department of Children and Family Services for the purpose of obtaining mental health treatment for the child or treatment for the child's developmental disability, the Department is prohibited from requesting, recommending, or requiring that a parent terminate his or her parental rights with respect to the child or that a parent or legal guardian transfer legal custody of the child to the Department. Provides that a child voluntarily placed in out-of-home care shall be placed pursuant to a voluntary placement agreement voluntarily entered into by the parents or legal guardian of the child. Provides that for a child to remain in out-of-home care for longer than 180 days, a juvenile court must make a judicial determination within the first 180 days of the placement that the placement is in the best interests of the child. Requires the Department to report annually to the General Assembly concerning (i) the number of children who were voluntarily placed in out-of-home care funded by the Department and (ii) the number of parents or legal guardians who relinquished custody of their child for the purpose of seeking mental health treatment for the child or treatment for the child's developmental disability. Contains provisions concerning: an interagency agreement between specified State agencies to prevent children from becoming wards of the State and entering the child welfare system solely for purpose of treatment of a child's serious mental illness, serious emotional disturbance, or developmental disability; certain protocols that must be included in the interagency agreement; and additional reporting requirements. Effective immediately.

House Committee Amendment No. 1
Adds reference to:
20 ILCS 505/5.40 new
20 ILCS 505/5.41 new
705 ILCS 405/1-3from Ch. 37, par. 801-3
705 ILCS 405/2-1from Ch. 37, par. 802-1
705 ILCS 405/2-4from Ch. 37, par. 802-4
705 ILCS 405/2-4b new
705 ILCS 405/2-13from Ch. 37, par. 802-13
705 ILCS 405/2-17from Ch. 37, par. 802-17
705 ILCS 405/2-21from Ch. 37, par. 802-21
705 ILCS 405/2-22from Ch. 37, par. 802-22
705 ILCS 405/2-23from Ch. 37, par. 802-23
705 ILCS 405/2-28from Ch. 37, par. 802-28

Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that when a child is voluntarily placed in therapeutic out-of-home care funded by the Department of Children and Family Services for the sole purpose of obtaining mental health treatment for the child or treatment for the child's developmental disability, the Department is prohibited from requesting, recommending, or requiring that a parent relinquish his or her custody or guardianship. Provides that the voluntary placement provisions do not apply to children who are abused or neglected as defined in the Abused and Neglected Child Reporting Act. Provides that a child voluntarily placed in out-of-home care shall be placed pursuant to a voluntary placement agreement voluntarily entered into by the parents or legal guardian of the child; and that the agreement must contain, at a minimum, certain statements, including a statement that the parent or legal guardian of the child is not relinquishing custody of the child to the Department or terminating his or her parental rights and a statement specifying the responsibilities of the Department regarding the care, placement, and treatment of the child. Provides that when a voluntary placement agreement is executed, the Department of Children and Family Services shall ensure that the case is brought to the attention of a court in sufficient time for the court to make a finding within the first 180 days that therapeutic out-of-home placement is in the best interest of the child. Provides that a child's need for therapeutic out-of-home placement to treat a serious emotional disturbance, serious mental illness, or a developmental disability shall not in and of itself constitute a basis for a finding that the child is abused or neglected. Provides that for a child voluntarily placed, parental or guardian financial contribution to the cost of the child's care while the child is in a therapeutic out-of-home placement is required based on family income level. Requires the Department of Children and Family Services, the Division of Mental Health and the Division of Developmental Disabilities within the Department of Human Services, the Department of Healthcare and Family Services, and the Illinois State Board of Education to enter into an interagency agreement for the purpose of preventing children from entering or being placed in the custody or guardianship of the Department of Children and Family Services solely for the purposes of treatment of a child's serious mental illness, serious emotional disturbance, or developmental disability. Provides that, for the purpose of obtaining data and outcomes, the Department shall submit a cumulative semi-annual report to the General Assembly which includes certain data with respect to the time period covered by the report, including (i) the number of children whose parents or legal guardians were offered but refused a voluntary placement and how the cases were resolved; (ii) the causes of the voluntary placements reported and other intervention services provided in the cases reported, including out-of-home therapeutic treatment; and (iii) the length of treatment and the status of the children at termination of service. Defines terms. Amends the Juvenile Court Act of 1987. Expands the definition of "adjudicatory hearing" to include hearings concerning allegations that a minor under 18 years of age is subject to a voluntary placement agreement. Provides that children with a serious emotional disturbance, a serious mental illness, or a developmental disability who are placed under a voluntary placement agreement are not subject to a provision defining a dependent minor to include any minor under 18 years of age who is without proper medical or other remedial care recognized under State law or other care necessary for his or her well being through no fault, neglect or lack of concern by his parents, guardian or custodian. Provides that children who are voluntarily placed are those under the age of 18 whose parents, guardians, or legal custodians have executed a voluntary placement agreement with the Department of Children and Family Services pursuant to the Children and Family Services Act to provide the child with therapeutic short-term out-of-home care for the sole purpose of obtaining mental health treatment for the child or treatment for the child's developmental disability; and that children who are abused or neglected as defined under the Abused and Neglected Child Reporting Act or as set forth under a specified provision of the Juvenile Court Act of 1987 may not be voluntarily placed pursuant to this provision. Makes other changes. Effective immediately.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Human Services)
 The Department of Human Services believes HB 5598 (H-AM 1) places responsibility for Children and Adolescent Mental Health Services with the Illinois Department of Children and Family Services making the Illinois Department of Children and Family Services responsible for the cost. The estimated fiscal impact is as follows: (A) Estimated Fiscal Impact Related to Mental Health Services; (1) Year 1 = $26.0 Million; (2) Year 2 = $52.0 Million; (3) Year 3 = $78.0 Million; Total = $156.0 Million; (B) Estimated Fiscal Impact Related to Developmental Disabilities Services; (1) Year 1 = $58.8 Million; (2) Year 2 = $58.8 Million; (3) Year 3 = $58.8 Million; Total = $176.4 Million; (C) Estimated Fiscal Impact Related to Services Provided by the Illinois Department of Children and Family Services; (1) Year 1 = $9.9 Million; (2) Year 2 = $18.5 Million; (3) Year 3 = $18.5 Million; Total = $46.9 Million; (D) Cumulative 3-Year Impact; (1) Year 1 = $94.7 Million; (2) Year 2 = $129.4 Million; (3) Year 3 = $155.4 Million; 3-Year Total = $379.5 Million.

House Floor Amendment No. 2
Deletes reference to:
20 ILCS 505/5.40 new
20 ILCS 505/5.41 new
705 ILCS 405/1-3from Ch. 37, par. 801-3
705 ILCS 405/2-1from Ch. 37, par. 802-1
705 ILCS 405/2-4from Ch. 37, par. 802-4
705 ILCS 405/2-4b new
705 ILCS 405/2-13from Ch. 37, par. 802-13
705 ILCS 405/2-17from Ch. 37, par. 802-17
705 ILCS 405/2-21from Ch. 37, par. 802-21
705 ILCS 405/2-22from Ch. 37, par. 802-22
705 ILCS 405/2-23from Ch. 37, par. 802-23
705 ILCS 405/2-28from Ch. 37, par. 802-28
Adds reference to:
New Act

Replaces everything after the enacting clause. Creates the Custody Relinquishment Prevention Act. Provides that in order to intercept and divert children and youth at risk of custody relinquishment to the Department of Children and Family Services, within 180 days after the effective date of this Act, the Department of Children of Family Services, the Department of Human Services, the Department of Healthcare and Family Services, the Illinois State Board of Education, the Department of Juvenile Justice, and the Department of Public Health shall enter into an interagency agreement for the purpose of preventing children and youth who are not otherwise abused or neglected from entering the custody or guardianship of the Department of Children and Family Services solely for purposes of receiving services for a serious mental illness or serious emotional disturbance. Provides that the intergovernmental agreement shall require the agencies to establish an interagency clinical team to review cases of children and youth who are at risk of relinquishment who are at a hospital or other similar treatment facility, and to connect the child or youth and his or her family with the appropriate services, treatment, and support to stabilize the child or youth's serious mental illness or serious emotional disturbance and prevent custody relinquishment to the Department of Children and Family Services. Provides that the interagency agreement shall address certain issues including (i) requiring families with private health insurance to exhaust their private insurance coverage and (ii) setting criteria for short-term crisis stabilization services, including intensive community-based services or a short-term residential placement, as the child or youth's treatment plan is being developed. Requires the Department of Children and Family Services to submit an annual report to the General Assembly. Defines terms.

Actions 
DateChamber Action
  2/13/2014HouseFiled with the Clerk by Rep. Sara Feigenholtz
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  3/3/2014HouseAssigned to Adoption Reform
  3/20/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
  3/20/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2014HouseHouse Committee Amendment No. 1 Rules Refers to Adoption Reform
  3/26/2014HouseHouse Committee Amendment No. 1 Adopted in Adoption Reform; by Voice Vote
  3/26/2014HouseDo Pass as Amended / Short Debate Adoption Reform; 005-000-000
  3/26/2014HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2014HouseAdded Chief Co-Sponsor Rep. Sam Yingling
  4/2/2014HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Mike Bost
  4/7/2014HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/7/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sara Feigenholtz
  4/7/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/8/2014HouseHouse Floor Amendment No. 2 Rules Refers to Adoption Reform
  4/9/2014HouseSecond Reading - Short Debate
  4/9/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Adoption Reform; 004-000-000
  4/10/2014HouseAdded Chief Co-Sponsor Rep. Keith P. Sommer
  4/10/2014HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  4/10/2014HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  4/10/2014HouseAdded Co-Sponsor Rep. Ann Williams
  4/10/2014HouseHouse Floor Amendment No. 2 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 101-000-000
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/11/2014SenateChief Senate Sponsor Sen. Julie A. Morrison
  4/11/2014SenateFirst Reading
  4/11/2014SenateReferred to Assignments
  4/29/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  4/30/2014SenateAssigned to Human Services
  5/2/2014SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Karen McConnaughay
  5/6/2014SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/7/2014SenatePostponed - Human Services
  5/7/2014SenateAdded as Alternate Co-Sponsor Sen. Michael W. Frerichs
  5/7/2014SenateAdded as Alternate Co-Sponsor Sen. Steven M. Landek
  5/7/2014SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/8/2014SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/13/2014SenateDo Pass Human Services; 008-000-000
  5/13/2014SenatePlaced on Calendar Order of 2nd Reading May 14, 2014
  5/13/2014SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/15/2014SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/15/2014SenateSecond Reading
  5/15/2014SenatePlaced on Calendar Order of 3rd Reading May 19, 2014
  5/16/2014SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  5/22/2014SenateThird Reading - Passed; 058-000-000
  5/22/2014HousePassed Both Houses
  6/17/2014HouseSent to the Governor
  8/1/2014HouseGovernor Approved
  8/1/2014HouseEffective Date January 1, 2015
  8/1/2014HousePublic Act . . . . . . . . . 98-0808

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