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.