Section 335.100  Purpose

a)         Relative caregivers who, as of July 1, 1995, were approved pursuant to approved relative placement rules previously promulgated by the Department of Children and Family Services at 89 Ill. Adm. Code 335 and had submitted an application for licensure as a foster family home continue to be approved and may continue to receive foster care payments only until the Department determines that they may be licensed as a foster family home or that their application for licensure is denied. [20 ILCS 505/5(u-5)]

b)         This Section is automatically repealed after all administrative appeals on this matter have been exhausted, but in no event later than December 31, 1996.

Agency Note:  The United States District Court for the Northern District of Illinois has ruled in the case of Youakim vs. McDonald that approved relative caregivers who submitted applications for licensure as a foster family home by July 1, 1995 must continue to receive the full foster care rate until the Department determines whether their application for licensure is approved or denied.  The Court ruled that the establishment of a deadline was unconstitutional.  Thus the deadline of September 30, 1995 has been deleted.

(Source:  Amended at 20 Ill. Reg. 7795, effective May 29, 1996)