Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 101-0078


 

Public Act 0078 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0078
 
SB0191 EnrolledLRB101 08506 SLF 53583 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
7.1 as follows:
 
    (20 ILCS 1705/7.1)  (from Ch. 91 1/2, par. 100-7.1)
    Sec. 7.1. Individual Care Grants.
    (a) For the purposes of this Section 7.1, "Department"
means the Department of Healthcare and Family Services.
    (b) To assist families in seeking intensive
community-based services or residential placement for children
with mental illness, for whom no appropriate care is available
in State-operated facilities, the Department shall supplement
the amount a family is able to pay, as determined by the
Department and the amount available from other sources,
provided the Department's share shall not exceed a uniform
maximum rate to be determined from time to time by the
Department. The Department may exercise the authority under
this Section as is necessary to implement the provisions of
Section 5-5.23 of the Illinois Public Aid Code and to
administer Individual Care Grants. The Department shall work
collaboratively with stakeholders and family representatives
in the implementation of this Section.
    (c) A child shall continue to be eligible for an Individual
Care Grant if (1): the child is placed in the temporary custody
of the Department of Children and Family Services under Article
II of the Juvenile Care Act of 1987 because the child was left
at a psychiatric hospital beyond medical necessity and an
application for the Family Support Program was pending with the
Department or an active application was being reviewed by the
Department when the petition under the Juvenile Court Act of
1987 was filed; or (2) the child is placed in the guardianship
of the Department of Children and Family Services under Article
V of the Juvenile Court Act of 1987 because the child requires
care in a residential treatment facility and an application for
the Family Support Program was pending with the Department or
an active application was being reviewed by the Department when
the guardianship order was entered.
    (d) If the Department determines that the child meets all
the eligibility criteria for Family Support Services and
approves the application, the Department shall notify the
parents and the Department of Children and Family Services. The
court hearing the child's case under the Juvenile Court Act of
1987 shall conduct a hearing within 14 days after all parties
have been notified and determine whether to vacate the custody
or guardianship of the Department of Children and Family
Services and return the child to the custody of his or her
parents with Family Support Services in place or whether the
child shall continue in the custody or guardianship of the
Department of Children and Family Services and decline the
Family Support Program. The court shall conduct the hearing
under Section 2-4b or Section 5-711 of the Juvenile Court Act
of 1987. If the court vacates the custody or guardianship of
the Department of Children and Family Services and returns the
child to the custody of the parent, guardian, or other adult
respondent with Family Support Services, the Department shall
become fiscally responsible for providing services to the
child. If the court determines that the child shall continue in
the custody of the Department of Children and Family Services,
the Department of Children and Family Services shall remain
fiscally responsible for providing services to the child, the
Family Support Services shall be declined, and the child shall
no longer be eligible for Family Support Services as long as
the child remains in the custody or guardianship of the
Department of Children and Family Services.
    (e) The Department shall provide an expedited review
process for applications for minors in the custody or
guardianship of the Department of Children and Family Services
who continue to remain eligible for Individual Care Grants. The
Department shall work collaboratively with stakeholders,
including legal representatives of minors in care, providers of
residential treatment services, and with the Department of
Children and Family Services, to ensure that minors who are
recipients of Individual Care Grants under this Section and
Sections Section 2-4b and 5-711 of the Juvenile Court Act of
1987 do not experience a disruption in services if the minor
transitions from one program to another. The Department shall
adopt rules to implement this Section no later than July 1,
2019.
(Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 2-31 and 2-33 and by adding Section 5-711 as
follows:
 
    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
    Sec. 2-31. Duration of wardship and discharge of
proceedings.
    (1) All proceedings under Article II of this Act in respect
of any minor for whom a petition was filed after the effective
date of this amendatory Act of 1991 automatically terminate
upon his or her attaining the age of 21 19 years, except that a
court may continue the wardship of a minor until age 21 for
good cause when there is satisfactory evidence presented to the
court and the court makes written factual findings that the
health, safety, and best interest of the minor and the public
require the continuation of the wardship. A court shall find
that it is in the minor's best interest to continue wardship if
the Department of Children and Family Services has not made
reasonable efforts to ensure that the minor has documents
necessary for adult living as provided in Section 35.10 of the
Children and Family Services Act.
    (2) Whenever the court determines, and makes written
factual findings, that health, safety, and the best interests
of the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue
or terminate any custodianship or guardianship theretofore
ordered but the termination must be made in compliance with
Section 2-28. When terminating wardship under this Section, if
the minor is over 18, or if wardship is terminated in
conjunction with an order partially or completely emancipating
the minor in accordance with the Emancipation of Minors Act,
the court shall also consider the following factors, in
addition to the health, safety, and best interest of the minor
and the public: (A) the minor's wishes regarding case closure;
(B) the manner in which the minor will maintain independence
without services from the Department; (C) the minor's
engagement in services including placement offered by the
Department; (D) if the minor is not engaged the Department's
efforts to engage the minor; (E) the nature of communication
between the minor and the Department; (F) the minor's
involvement in other State systems or services; (G) the minor's
connections with family and other community support; and (H)
any other factor the court deems relevant also make specific
findings of fact as to the minor's wishes regarding case
closure and the manner in which the minor will maintain
independence. The minor's lack of cooperation with services
provided by the Department of Children and Family Services
shall not by itself be considered sufficient evidence that the
minor is prepared to live independently and that it is in the
best interest of the minor to terminate wardship. It shall not
be in the minor's best interest to terminate wardship of a
minor over the age of 18 who is in the guardianship of the
Department of Children and Family Services if the Department
has not made reasonable efforts to ensure that the minor has
documents necessary for adult living as provided in Section
35.10 of the Children and Family Services Act.
    (3) The wardship of the minor and any custodianship or
guardianship respecting the minor for whom a petition was filed
after the effective date of this amendatory Act of 1991
automatically terminates when he attains the age of 19 years
except as set forth in subsection (1) of this Section. The
clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that
reason. The provisions of this subsection (3) become
inoperative on and after the effective date of this amendatory
Act of the 101st General Assembly.
    (4) Notwithstanding any provision of law to the contrary,
the changes made by this amendatory Act of the 101st General
Assembly apply to all cases that are pending on or after the
effective date of this amendatory Act of the 101st General
Assembly.
(Source: P.A. 100-680, eff. 1-1-19.)
 
    (705 ILCS 405/2-33)
    Sec. 2-33. Supplemental petition to reinstate wardship.
    (1) Any time prior to a minor's 18th birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
        (a) wardship and guardianship under the Juvenile Court
    Act of 1987 was vacated in conjunction with the appointment
    of a private guardian under the Probate Act of 1975;
        (b) the minor is not presently a ward of the court
    under Article II of this Act nor is there a petition for
    adjudication of wardship pending on behalf of the minor;
    and
        (c) it is in the minor's best interest that wardship be
    reinstated.
    (2) Any time prior to a minor's 21st birthday, pursuant to
a supplemental petition filed under this Section, the court may
reinstate wardship and open a previously closed case when:
        (a) wardship and guardianship under this Act was
    vacated pursuant to:
            (i) an order entered under subsection (2) of
        Section 2-31 in the case of a minor over the age of 18;
            (ii) closure of a case under subsection (2) of
        Section 2-31 in the case of a minor under the age of 18
        who has been partially or completely emancipated in
        accordance with the Emancipation of Minors Act; or
            (iii) an order entered under subsection (3) of
        Section 2-31 based on the minor's attaining the age of
        19 years before the effective date of this amendatory
        Act of the 101st General Assembly;
        (b) the minor is not presently a ward of the court
    under Article II of this Act nor is there a petition for
    adjudication of wardship pending on behalf of the minor;
    and
        (c) it is in the minor's best interest that wardship be
    reinstated.
    (3) The supplemental petition must be filed in the same
proceeding in which the original adjudication order was
entered. Unless excused by court for good cause shown, the
petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail, to
the minor, if the minor is 14 years of age or older, and to the
parties to the juvenile court proceeding. Notice shall be
provided at least 3 court days in advance of the hearing date.
    (4) A minor who is the subject of a petition to reinstate
wardship under this Section shall be provided with
representation in accordance with Sections 1-5 and 2-17 of this
Act.
    (5) Whenever a minor is committed to the Department of
Children and Family Services for care and services following
the reinstatement of wardship under this Section, the
Department shall:
        (a) Within 30 days of such commitment, prepare and file
    with the court a case plan which complies with the federal
    Adoption Assistance and Child Welfare Act of 1980 and is
    consistent with the health, safety and best interests of
    the minor; and
        (b) Promptly refer the minor for such services as are
    necessary and consistent with the minor's health, safety
    and best interests.
(Source: P.A. 96-581, eff. 1-1-10.)
 
    (705 ILCS 405/5-711 new)
    Sec. 5-711. Family Support Program services; hearing.
    (a) Any minor who is placed in the guardianship of the
Department of Children and Family Services under Section 5-710
while an application for the Family Support Program was pending
with the Department of Healthcare and Family Services or an
active application was being reviewed by the Department of
Healthcare and Family Services shall continue to be considered
eligible for services if all other eligibility criteria are
met.
    (b) The court shall conduct a hearing within 14 days upon
notification to all parties that an application for the Family
Support Program services has been approved and services are
available. At the hearing, the court shall determine whether to
vacate guardianship of the Department of Children and Family
Services and return the minor to the custody of the parent or
guardian with Family Support Program services or whether the
minor shall continue in the guardianship of the Department of
Children and Family Services and decline the Family Support
Program services. In making its determination, the court shall
consider the minor's best interest, the involvement of the
parent or guardian in proceedings under this Act, the
involvement of the parent or guardian in the minor's treatment,
the relationship between the minor and the parent or guardian,
and any other factor the court deems relevant. If the court
vacates the guardianship of the Department of Children and
Family Services and returns the minor to the custody of the
parent or guardian with Family Support Services, the Department
of Healthcare and Family Services shall become financially
responsible for providing services to the minor. If the court
determines that the minor shall continue in the custody of the
Department of Children and Family Services, the Department of
Children and Family Services shall remain financially
responsible for providing services to the minor, the Family
Support Services shall be declined, and the minor shall no
longer be eligible for Family Support Services.
    (c) This Section does not apply to a minor:
        (1) for whom a petition has been filed under this Act
    alleging that he or she is an abused or neglected minor;
        (2) for whom the court has made a finding that he or
    she is an abused or neglected minor under this Act except a
    finding under item (iv) of paragraph (a) of subsection (1)
    of Section 5-710 that an independent basis of abuse,
    neglect, or dependency exists; or
        (3) who has been the subject of an indicated allegation
    of abuse or neglect by the Department of Children and
    Family Services, other than for psychiatric lock-out, in
    which the parent or guardian was the perpetrator within 5
    years of the filing of the pending petition.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/12/2019