HB5129 104TH GENERAL ASSEMBLY

LRB104 17882 KTG 31318 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5129

Introduced 2/10/2026, by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

New Act

Creates the Custody Relinquishment Prevention Involving Children with Developmental Disabilities Act. Provides that the Act establishes a pathway for families on the verge of seeking services for their child's developmental disability through relinquishment of parental custody to the Department of Children and Family Services, despite the absence of abuse or neglect, to receive services through the appropriate State child-serving agency. Requires the Department of Children and 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 to enter into an interagency agreement for the purpose of preventing children and youth with developmental disabilities 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 specialized services and supports to address the child's or youth's needs. Provides that under the interagency agreement, the listed agencies shall establish an interagency clinical team to review cases of children and youth with developmental disabilities who live at home with their families and are at risk of relinquishment, and to connect the child or youth and his or her family with the appropriate services, treatment, and support to prevent custody relinquishment to the Department of Children and Family Services. Contains provisions on what issues must be addressed in the interagency agreement; annual outcomes and data reports to the General Assembly; and other matters. Requires the listed agencies to adopt rules providing that any employee of that Department who encourages a parent, guardian, or other responsible adult to relinquish custody of a child with a developmental disability solely to access specialized services and supports through the appropriate State child-serving agency, despite the absence of abuse or neglect, is subject to termination.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Custody Relinquishment Prevention Involving Children with Developmental Disabilities Act.

Section 5. Purpose. This Act establishes a pathway for families on the verge of seeking services for their child's developmental disability through relinquishment of parental custody to the Department of Children and Family Services, despite the absence of abuse or neglect, to receive services through the appropriate State child-serving agency. This pathway shall be outlined in an interagency agreement between all the relevant State agencies.

Section 10. Definitions. As used in this Act:

"Child or youth at risk of custody relinquishment" means a child or youth with a developmental disability whose parents or guardians are unable to properly manage the child's or youth's complex medical, developmental, and social needs and believe relinquishment is the only option to secure the specialized services and supports necessary to promote the child's or youth's well-being and maintain family stability, and there is no evidence of abuse or neglect.

"Developmental disability" has the same meaning ascribed to that term in Section 1-106 of the Mental Health and Developmental Disabilities Code.

"Family income" means the sum of a family's annual earnings and cash benefits from all sources before taxes, less payments made for child support.

Section 15. Interagency agreement. 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 and 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 with developmental disabilities 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 specialized services and supports to address the child's or youth's needs. The interagency agreement shall require the agencies listed in this Section to establish an interagency clinical team to review cases of children and youth with developmental disabilities who live at home with their families and are at risk of relinquishment, and to connect the child or youth and his or her family with the appropriate services, treatment, and support to prevent custody relinquishment to the Department of Children and Family Services.

The interagency agreement, among other things, shall address all of the following:

(1) Requiring families with private health insurance to exhaust their private insurance coverage.

(2) Establishing cost sharing for services received for families whose income exceeds the federal poverty level that would qualify them for Medicaid, based on the family's ability to pay.

(3) For children or youth who are not otherwise Medicaid eligible, performing a family and medical assessment and developing a care plan for the child or youth and the family with the goal of determining what services and supports are necessary to (i) address the child's or youth's specific developmental disability, (ii) promote and maintain family stability and permanence, and (iii) prevent custody relinquishment to the Department of Children and Family Services when there is no abuse or neglect.

(4) Set criteria for short-term respite care services, including intensive community-based therapeutic recreational activities or a short-term out-of-home placement, as the child or youth's treatment plan is being developed.

Section 20. Outcomes and data reported annually to the General Assembly.

(a) The Department of Children and Family Services shall submit an annual report to the General Assembly which includes the following with respect to the time period covered by the report:

(1) The number of children and youth who were relinquished to the Department of Children and Family Services for purposes of receiving treatment for a developmental disability.

(2) The length of treatment and the status of children and youth at the termination of services.

(b) The interagency agreement required under Section 15 shall require reporting to the General Assembly with respect to the following criteria:

(1) The number of children and youth who were intercepted during the reporting period and the services and supports they were connected with to prevent custody relinquishment and address the child's or youth's specific needs.

(2) The duration of the specialized services and supports the child or youth received in order to maintain his or her well-being and promote family stability and permanence.

(3) Following the connection to services and supports through the most appropriate State agency to address the child's or youth's specific needs, the number of families that failed to stabilize and turned to the Department of Children and Family Services for services, and that relinquished custody or whose child was adjudicated a dependent minor pursuant to subdivision (c) of paragraph (1) of Section 2-4 of the Juvenile Court Act of 1987.

Section 25. Cause for termination. The Departments of Children and Family Services, Human Services, Healthcare and Family Services, Juvenile Justice, and Public Health shall adopt rules providing that any employee of that Department who encourages a parent, guardian, or other responsible adult to relinquish custody of a child with a developmental disability solely to access specialized services and supports through the appropriate State child-serving agency, despite the absence of abuse or neglect, is subject to termination.