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1 | AN ACT concerning foster youth.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. The Illinois Identification Card Act is amended | |||||||||||||||||||||||||||||||||||||||||||||||||
5 | by changing Section 12 as follows: | |||||||||||||||||||||||||||||||||||||||||||||||||
6 | (15 ILCS 335/12) (from Ch. 124, par. 32) | |||||||||||||||||||||||||||||||||||||||||||||||||
7 | Sec. 12. Fees concerning standard Illinois Identification | |||||||||||||||||||||||||||||||||||||||||||||||||
8 | Cards. The fees required under this Act for standard Illinois
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9 | Identification Cards must accompany any application provided | |||||||||||||||||||||||||||||||||||||||||||||||||
10 | for in this
Act, and the Secretary shall collect such fees as | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | follows: | |||||||||||||||||||||||||||||||||||||||||||||||||
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14 | All fees collected under this Act shall be paid into the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Road Fund of the State treasury, except that the following | |||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | amounts shall be paid into the General Revenue Fund:
(i) 80% of | |||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the fee for an original, renewal, or duplicate Illinois | |||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Identification Card issued on or after January 1, 2005;
and | |||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (ii) 80% of the fee for a corrected Illinois Identification | |||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Card issued on or after January 1, 2005.
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21 | An individual, who resides in a veterans home or veterans | |||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | hospital
operated by the State or federal government, who | |||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | makes an application for an
Illinois Identification Card to be | |||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | issued at no fee, must submit, along
with the application, an | |||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | affirmation by the applicant on a form provided by
the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Secretary of State, that such person resides in a veterans |
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1 | home or
veterans hospital operated by the State or federal | ||||||
2 | government. | ||||||
3 | The application of a homeless individual for an Illinois | ||||||
4 | Identification Card to be issued at no fee must be accompanied | ||||||
5 | by an affirmation by a qualified person, as defined in Section | ||||||
6 | 4C of this Act, on a form provided by the Secretary of State, | ||||||
7 | that the applicant is currently homeless as defined in Section | ||||||
8 | 1A of this Act. | ||||||
9 | For the application for the first Illinois Identification | ||||||
10 | Card of a youth for whom the Department of Children and Family | ||||||
11 | Services is legally responsible or a foster child to be issued | ||||||
12 | at no fee, the youth must submit, along with the application, | ||||||
13 | an affirmation by his or her court appointed attorney or an | ||||||
14 | employee of the Department of Children and Family Services on | ||||||
15 | a form provided by the Secretary of State, that the person is a | ||||||
16 | youth for whom the Department of Children and Family Services | ||||||
17 | is legally responsible or a foster child. | ||||||
18 | The fee for any duplicate identification card shall be | ||||||
19 | waived for any person who presents the Secretary of State's | ||||||
20 | Office with a police report showing that his or her | ||||||
21 | identification card was stolen. | ||||||
22 | The fee for any duplicate identification card shall be | ||||||
23 | waived for any person age 60 or older whose identification | ||||||
24 | card has been lost or stolen. | ||||||
25 | As used in this Section, "active-duty member of the United | ||||||
26 | States Armed Forces" means a member of the Armed Services or |
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1 | Reserve Forces of the United States or a member of the Illinois | ||||||
2 | National Guard who is called to active duty pursuant to an | ||||||
3 | executive order of the President of the United States, an act | ||||||
4 | of the Congress of the United States, or an order of the | ||||||
5 | Governor. | ||||||
6 | (Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19; | ||||||
7 | 100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff. | ||||||
8 | 1-1-20 .) | ||||||
9 | Section 5. The Children and Family Services Act is amended | ||||||
10 | by changing Section 5 as follows:
| ||||||
11 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||||||
12 | Sec. 5. Direct child welfare services; Department of | ||||||
13 | Children and Family
Services. To provide direct child welfare | ||||||
14 | services when not available
through other public or private | ||||||
15 | child care or program facilities.
| ||||||
16 | (a) For purposes of this Section:
| ||||||
17 | (1) "Children" means persons found within the State | ||||||
18 | who are under the
age of 18 years. The term also includes | ||||||
19 | persons under age 23 21 who:
| ||||||
20 | (A) were committed to the Department pursuant to | ||||||
21 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
22 | 1987 and who continue under the jurisdiction of the | ||||||
23 | court; or
| ||||||
24 | (B) were accepted for care, service and training |
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| |||||||
1 | by
the Department prior to the age of 18 and whose best | ||||||
2 | interest in the
discretion of the Department would be | ||||||
3 | served by continuing that care,
service and training | ||||||
4 | because of severe emotional disturbances, physical
| ||||||
5 | disability, social adjustment or any combination | ||||||
6 | thereof, or because of the
need to complete an | ||||||
7 | educational or vocational training program.
| ||||||
8 | (2) "Homeless youth" means persons found within the
| ||||||
9 | State who are under the age of 19, are not in a safe and | ||||||
10 | stable living
situation and cannot be reunited with their | ||||||
11 | families.
| ||||||
12 | (3) "Child welfare services" means public social | ||||||
13 | services which are
directed toward the accomplishment of | ||||||
14 | the following purposes:
| ||||||
15 | (A) protecting and promoting the health, safety | ||||||
16 | and welfare of
children,
including homeless, | ||||||
17 | dependent, or neglected children;
| ||||||
18 | (B) remedying, or assisting in the solution
of | ||||||
19 | problems which may result in, the neglect, abuse, | ||||||
20 | exploitation, or
delinquency of children;
| ||||||
21 | (C) preventing the unnecessary separation of | ||||||
22 | children
from their families by identifying family | ||||||
23 | problems, assisting families in
resolving their | ||||||
24 | problems, and preventing the breakup of the family
| ||||||
25 | where the prevention of child removal is desirable and | ||||||
26 | possible when the
child can be cared for at home |
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| |||||||
1 | without endangering the child's health and
safety;
| ||||||
2 | (D) restoring to their families children who have | ||||||
3 | been
removed, by the provision of services to the | ||||||
4 | child and the families when the
child can be cared for | ||||||
5 | at home without endangering the child's health and
| ||||||
6 | safety;
| ||||||
7 | (E) placing children in suitable adoptive homes, | ||||||
8 | in
cases where restoration to the biological family is | ||||||
9 | not safe, possible, or
appropriate;
| ||||||
10 | (F) assuring safe and adequate care of children | ||||||
11 | away from their
homes, in cases where the child cannot | ||||||
12 | be returned home or cannot be placed
for adoption. At | ||||||
13 | the time of placement, the Department shall consider
| ||||||
14 | concurrent planning,
as described in subsection (l-1) | ||||||
15 | of this Section so that permanency may
occur at the | ||||||
16 | earliest opportunity. Consideration should be given so | ||||||
17 | that if
reunification fails or is delayed, the | ||||||
18 | placement made is the best available
placement to | ||||||
19 | provide permanency for the child;
| ||||||
20 | (G) (blank);
| ||||||
21 | (H) (blank); and
| ||||||
22 | (I) placing and maintaining children in facilities | ||||||
23 | that provide
separate living quarters for children | ||||||
24 | under the age of 18 and for children
18 years of age | ||||||
25 | and older, unless a child 18 years of age is in the | ||||||
26 | last
year of high school education or vocational |
| |||||||
| |||||||
1 | training, in an approved
individual or group treatment | ||||||
2 | program, in a licensed shelter facility,
or secure | ||||||
3 | child care facility.
The Department is not required to | ||||||
4 | place or maintain children:
| ||||||
5 | (i) who are in a foster home, or
| ||||||
6 | (ii) who are persons with a developmental | ||||||
7 | disability, as defined in
the Mental
Health and | ||||||
8 | Developmental Disabilities Code, or
| ||||||
9 | (iii) who are female children who are | ||||||
10 | pregnant, pregnant and
parenting, or parenting, or
| ||||||
11 | (iv) who are siblings, in facilities that | ||||||
12 | provide separate living quarters for children 18
| ||||||
13 | years of age and older and for children under 18 | ||||||
14 | years of age.
| ||||||
15 | (b) (Blank).
| ||||||
16 | (c) The Department shall establish and maintain | ||||||
17 | tax-supported child
welfare services and extend and seek to | ||||||
18 | improve voluntary services
throughout the State, to the end | ||||||
19 | that services and care shall be available
on an equal basis | ||||||
20 | throughout the State to children requiring such services.
| ||||||
21 | (d) The Director may authorize advance disbursements for | ||||||
22 | any new program
initiative to any agency contracting with the | ||||||
23 | Department. As a
prerequisite for an advance disbursement, the | ||||||
24 | contractor must post a
surety bond in the amount of the advance | ||||||
25 | disbursement and have a
purchase of service contract approved | ||||||
26 | by the Department. The Department
may pay up to 2 months |
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| |||||||
1 | operational expenses in advance. The amount of the
advance | ||||||
2 | disbursement shall be prorated over the life of the contract
| ||||||
3 | or the remaining months of the fiscal year, whichever is less, | ||||||
4 | and the
installment amount shall then be deducted from future | ||||||
5 | bills. Advance
disbursement authorizations for new initiatives | ||||||
6 | shall not be made to any
agency after that agency has operated | ||||||
7 | during 2 consecutive fiscal years.
The requirements of this | ||||||
8 | Section concerning advance disbursements shall
not apply with | ||||||
9 | respect to the following: payments to local public agencies
| ||||||
10 | for child day care services as authorized by Section 5a of this | ||||||
11 | Act; and
youth service programs receiving grant funds under | ||||||
12 | Section 17a-4.
| ||||||
13 | (e) (Blank).
| ||||||
14 | (f) (Blank).
| ||||||
15 | (g) The Department shall establish rules and regulations | ||||||
16 | concerning
its operation of programs designed to meet the | ||||||
17 | goals of child safety and
protection,
family preservation, | ||||||
18 | family reunification, and adoption, including, but not
limited | ||||||
19 | to:
| ||||||
20 | (1) adoption;
| ||||||
21 | (2) foster care;
| ||||||
22 | (3) family counseling;
| ||||||
23 | (4) protective services;
| ||||||
24 | (5) (blank);
| ||||||
25 | (6) homemaker service;
| ||||||
26 | (7) return of runaway children;
|
| |||||||
| |||||||
1 | (8) (blank);
| ||||||
2 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
3 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
4 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
5 | Assistance and Child Welfare Act of
1980; and
| ||||||
6 | (10) interstate services.
| ||||||
7 | Rules and regulations established by the Department shall | ||||||
8 | include
provisions for training Department staff and the staff | ||||||
9 | of Department
grantees, through contracts with other agencies | ||||||
10 | or resources, in screening techniques to identify substance | ||||||
11 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
12 | approved by the Department of Human
Services, as a successor | ||||||
13 | to the Department of Alcoholism and Substance Abuse,
for the | ||||||
14 | purpose of identifying children and adults who
should be | ||||||
15 | referred for an assessment at an organization appropriately | ||||||
16 | licensed by the Department of Human Services for substance use | ||||||
17 | disorder treatment.
| ||||||
18 | (h) If the Department finds that there is no appropriate | ||||||
19 | program or
facility within or available to the Department for | ||||||
20 | a youth in care and that no
licensed private facility has an | ||||||
21 | adequate and appropriate program or none
agrees to accept the | ||||||
22 | youth in care, the Department shall create an appropriate
| ||||||
23 | individualized, program-oriented plan for such youth in care. | ||||||
24 | The
plan may be developed within the Department or through | ||||||
25 | purchase of services
by the Department to the extent that it is | ||||||
26 | within its statutory authority
to do.
|
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| |||||||
1 | (i) Service programs shall be available throughout the | ||||||
2 | State and shall
include but not be limited to the following | ||||||
3 | services:
| ||||||
4 | (1) case management;
| ||||||
5 | (2) homemakers;
| ||||||
6 | (3) counseling;
| ||||||
7 | (4) parent education;
| ||||||
8 | (5) day care; and
| ||||||
9 | (6) emergency assistance and advocacy.
| ||||||
10 | In addition, the following services may be made available | ||||||
11 | to assess and
meet the needs of children and families:
| ||||||
12 | (1) comprehensive family-based services;
| ||||||
13 | (2) assessments;
| ||||||
14 | (3) respite care; and
| ||||||
15 | (4) in-home health services.
| ||||||
16 | The Department shall provide transportation for any of the | ||||||
17 | services it
makes available to children or families or for | ||||||
18 | which it refers children
or families.
| ||||||
19 | (j) The Department may provide categories of financial | ||||||
20 | assistance and
education assistance grants, and shall
| ||||||
21 | establish rules and regulations concerning the assistance and | ||||||
22 | grants, to
persons who
adopt children with physical or mental | ||||||
23 | disabilities, children who are older, or other hard-to-place
| ||||||
24 | children who (i) immediately prior to their adoption were | ||||||
25 | youth in care or (ii) were determined eligible for financial | ||||||
26 | assistance with respect to a
prior adoption and who become |
| |||||||
| |||||||
1 | available for adoption because the
prior adoption has been | ||||||
2 | dissolved and the parental rights of the adoptive
parents have | ||||||
3 | been
terminated or because the child's adoptive parents have | ||||||
4 | died.
The Department may continue to provide financial | ||||||
5 | assistance and education assistance grants for a child who was | ||||||
6 | determined eligible for financial assistance under this | ||||||
7 | subsection (j) in the interim period beginning when the | ||||||
8 | child's adoptive parents died and ending with the finalization | ||||||
9 | of the new adoption of the child by another adoptive parent or | ||||||
10 | parents. The Department may also provide categories of | ||||||
11 | financial
assistance and education assistance grants, and
| ||||||
12 | shall establish rules and regulations for the assistance and | ||||||
13 | grants, to persons
appointed guardian of the person under | ||||||
14 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
15 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
16 | who were youth in care for 12 months immediately
prior to the | ||||||
17 | appointment of the guardian.
| ||||||
18 | The amount of assistance may vary, depending upon the | ||||||
19 | needs of the child
and the adoptive parents,
as set forth in | ||||||
20 | the annual
assistance agreement. Special purpose grants are | ||||||
21 | allowed where the child
requires special service but such | ||||||
22 | costs may not exceed the amounts
which similar services would | ||||||
23 | cost the Department if it were to provide or
secure them as | ||||||
24 | guardian of the child.
| ||||||
25 | Any financial assistance provided under this subsection is
| ||||||
26 | inalienable by assignment, sale, execution, attachment, |
| |||||||
| |||||||
1 | garnishment, or any
other remedy for recovery or collection of | ||||||
2 | a judgment or debt.
| ||||||
3 | (j-5) The Department shall not deny or delay the placement | ||||||
4 | of a child for
adoption
if an approved family is available | ||||||
5 | either outside of the Department region
handling the case,
or | ||||||
6 | outside of the State of Illinois.
| ||||||
7 | (k) The Department shall accept for care and training any | ||||||
8 | child who has
been adjudicated neglected or abused, or | ||||||
9 | dependent committed to it pursuant
to the Juvenile Court Act | ||||||
10 | or the Juvenile Court Act of 1987.
| ||||||
11 | (l) The Department shall
offer family preservation | ||||||
12 | services, as defined in Section 8.2 of the Abused
and
| ||||||
13 | Neglected Child
Reporting Act, to help families, including | ||||||
14 | adoptive and extended families.
Family preservation
services | ||||||
15 | shall be offered (i) to prevent the
placement
of children in
| ||||||
16 | substitute care when the children can be cared for at home or | ||||||
17 | in the custody of
the person
responsible for the children's | ||||||
18 | welfare,
(ii) to
reunite children with their families, or | ||||||
19 | (iii) to
maintain an adoptive placement. Family preservation | ||||||
20 | services shall only be
offered when doing so will not endanger | ||||||
21 | the children's health or safety. With
respect to children who | ||||||
22 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
23 | 1987, family preservation services shall not be offered if a | ||||||
24 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
25 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
26 | that reunification services may be offered as provided in |
| |||||||
| |||||||
1 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
| ||||||
2 | Nothing in this paragraph shall be construed to create a | ||||||
3 | private right of
action or claim on the part of any individual | ||||||
4 | or child welfare agency, except that when a child is the | ||||||
5 | subject of an action under Article II of the Juvenile Court Act | ||||||
6 | of 1987 and the child's service plan calls for services to | ||||||
7 | facilitate achievement of the permanency goal, the court | ||||||
8 | hearing the action under Article II of the Juvenile Court Act | ||||||
9 | of 1987 may order the Department to provide the services set | ||||||
10 | out in the plan, if those services are not provided with | ||||||
11 | reasonable promptness and if those services are available.
| ||||||
12 | The Department shall notify the child and his family of | ||||||
13 | the
Department's
responsibility to offer and provide family | ||||||
14 | preservation services as
identified in the service plan. The | ||||||
15 | child and his family shall be eligible
for services as soon as | ||||||
16 | the report is determined to be "indicated". The
Department may | ||||||
17 | offer services to any child or family with respect to whom a
| ||||||
18 | report of suspected child abuse or neglect has been filed, | ||||||
19 | prior to
concluding its investigation under Section 7.12 of | ||||||
20 | the Abused and Neglected
Child Reporting Act. However, the | ||||||
21 | child's or family's willingness to
accept services shall not | ||||||
22 | be considered in the investigation. The
Department may also | ||||||
23 | provide services to any child or family who is the
subject of | ||||||
24 | any report of suspected child abuse or neglect or may refer | ||||||
25 | such
child or family to services available from other agencies | ||||||
26 | in the community,
even if the report is determined to be |
| |||||||
| |||||||
1 | unfounded, if the conditions in the
child's or family's home | ||||||
2 | are reasonably likely to subject the child or
family to future | ||||||
3 | reports of suspected child abuse or neglect. Acceptance
of | ||||||
4 | such services shall be voluntary. The Department may also | ||||||
5 | provide services to any child or family after completion of a | ||||||
6 | family assessment, as an alternative to an investigation, as | ||||||
7 | provided under the "differential response program" provided | ||||||
8 | for in subsection (a-5) of Section 7.4 of the Abused and | ||||||
9 | Neglected Child Reporting Act.
| ||||||
10 | The Department may, at its discretion except for those | ||||||
11 | children also
adjudicated neglected or dependent, accept for | ||||||
12 | care and training any child
who has been adjudicated addicted, | ||||||
13 | as a truant minor in need of
supervision or as a minor | ||||||
14 | requiring authoritative intervention, under the
Juvenile Court | ||||||
15 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
16 | be committed to the Department by any court without the | ||||||
17 | approval of
the Department. On and after January 1, 2015 (the | ||||||
18 | effective date of Public Act 98-803) and before January 1, | ||||||
19 | 2017, a minor charged with a criminal offense under the | ||||||
20 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
21 | adjudicated delinquent shall not be placed in the custody of | ||||||
22 | or
committed to the Department by any court, except (i) a minor | ||||||
23 | less than 16 years
of age committed to the Department under | ||||||
24 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
25 | for whom an independent basis of abuse, neglect, or dependency | ||||||
26 | exists, which must be defined by departmental rule, or (iii) a |
| |||||||
| |||||||
1 | minor for whom the court has granted a supplemental petition | ||||||
2 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
3 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
4 | 2017, a minor charged with a criminal offense under the | ||||||
5 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
6 | adjudicated delinquent shall not be placed in the custody of | ||||||
7 | or
committed to the Department by any court, except (i) a minor | ||||||
8 | less than 15 years
of age committed to the Department under | ||||||
9 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
10 | for whom an independent basis of abuse, neglect, or dependency | ||||||
11 | exists, which must be defined by departmental rule, or (iii) a | ||||||
12 | minor for whom the court has granted a supplemental petition | ||||||
13 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
14 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
15 | exists when the allegations or adjudication of abuse, neglect, | ||||||
16 | or dependency do not arise from the same facts, incident, or | ||||||
17 | circumstances which give rise to a charge or adjudication of | ||||||
18 | delinquency. The Department shall
assign a caseworker to | ||||||
19 | attend any hearing involving a youth in
the care and custody of | ||||||
20 | the Department who is placed on aftercare release, including | ||||||
21 | hearings
involving sanctions for violation of aftercare | ||||||
22 | release
conditions and aftercare release revocation hearings.
| ||||||
23 | As soon as is possible after August 7, 2009 (the effective | ||||||
24 | date of Public Act 96-134), the Department shall develop and | ||||||
25 | implement a special program of family preservation services to | ||||||
26 | support intact, foster, and adoptive families who are |
| |||||||
| |||||||
1 | experiencing extreme hardships due to the difficulty and | ||||||
2 | stress of caring for a child who has been diagnosed with a | ||||||
3 | pervasive developmental disorder if the Department determines | ||||||
4 | that those services are necessary to ensure the health and | ||||||
5 | safety of the child. The Department may offer services to any | ||||||
6 | family whether or not a report has been filed under the Abused | ||||||
7 | and Neglected Child Reporting Act. The Department may refer | ||||||
8 | the child or family to services available from other agencies | ||||||
9 | in the community if the conditions in the child's or family's | ||||||
10 | home are reasonably likely to subject the child or family to | ||||||
11 | future reports of suspected child abuse or neglect. Acceptance | ||||||
12 | of these services shall be voluntary. The Department shall | ||||||
13 | develop and implement a public information campaign to alert | ||||||
14 | health and social service providers and the general public | ||||||
15 | about these special family preservation services. The nature | ||||||
16 | and scope of the services offered and the number of families | ||||||
17 | served under the special program implemented under this | ||||||
18 | paragraph shall be determined by the level of funding that the | ||||||
19 | Department annually allocates for this purpose. The term | ||||||
20 | "pervasive developmental disorder" under this paragraph means | ||||||
21 | a neurological condition, including, but not limited to, | ||||||
22 | Asperger's Syndrome and autism, as defined in the most recent | ||||||
23 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
24 | Disorders of the American Psychiatric Association. | ||||||
25 | (l-1) The legislature recognizes that the best interests | ||||||
26 | of the child
require that
the child be placed in the most |
| |||||||
| |||||||
1 | permanent living arrangement as soon as is
practically
| ||||||
2 | possible. To achieve this goal, the legislature directs the | ||||||
3 | Department of
Children and
Family Services to conduct | ||||||
4 | concurrent planning so that permanency may occur at
the
| ||||||
5 | earliest opportunity. Permanent living arrangements may | ||||||
6 | include prevention of
placement of a child outside the home of | ||||||
7 | the family when the child can be cared
for at
home without | ||||||
8 | endangering the child's health or safety; reunification with | ||||||
9 | the
family,
when safe and appropriate, if temporary placement | ||||||
10 | is necessary; or movement of
the child
toward the most | ||||||
11 | permanent living arrangement and permanent legal status.
| ||||||
12 | When determining reasonable efforts to be made with | ||||||
13 | respect to a child, as
described in this
subsection, and in | ||||||
14 | making such reasonable efforts, the child's health and
safety | ||||||
15 | shall be the
paramount concern.
| ||||||
16 | When a child is placed in foster care, the Department | ||||||
17 | shall ensure and
document that reasonable efforts were made to | ||||||
18 | prevent or eliminate the need to
remove the child from the | ||||||
19 | child's home. The Department must make
reasonable efforts to | ||||||
20 | reunify the family when temporary placement of the child
| ||||||
21 | occurs
unless otherwise required, pursuant to the Juvenile | ||||||
22 | Court Act of 1987.
At any time after the dispositional hearing | ||||||
23 | where the Department believes
that further reunification | ||||||
24 | services would be ineffective, it may request a
finding from | ||||||
25 | the court that reasonable efforts are no longer appropriate. | ||||||
26 | The
Department is not required to provide further |
| |||||||
| |||||||
1 | reunification services after such
a
finding.
| ||||||
2 | A decision to place a child in substitute care shall be | ||||||
3 | made with
considerations of the child's health, safety, and | ||||||
4 | best interests. At the
time of placement, consideration should | ||||||
5 | also be given so that if reunification
fails or is delayed, the | ||||||
6 | placement made is the best available placement to
provide | ||||||
7 | permanency for the child.
| ||||||
8 | The Department shall adopt rules addressing concurrent | ||||||
9 | planning for
reunification and permanency. The Department | ||||||
10 | shall consider the following
factors when determining | ||||||
11 | appropriateness of concurrent planning:
| ||||||
12 | (1) the likelihood of prompt reunification;
| ||||||
13 | (2) the past history of the family;
| ||||||
14 | (3) the barriers to reunification being addressed by | ||||||
15 | the family;
| ||||||
16 | (4) the level of cooperation of the family;
| ||||||
17 | (5) the foster parents' willingness to work with the | ||||||
18 | family to reunite;
| ||||||
19 | (6) the willingness and ability of the foster family | ||||||
20 | to provide an
adoptive
home or long-term placement;
| ||||||
21 | (7) the age of the child;
| ||||||
22 | (8) placement of siblings.
| ||||||
23 | (m) The Department may assume temporary custody of any | ||||||
24 | child if:
| ||||||
25 | (1) it has received a written consent to such | ||||||
26 | temporary custody
signed by the parents of the child or by |
| |||||||
| |||||||
1 | the parent having custody of the
child if the parents are | ||||||
2 | not living together or by the guardian or
custodian of the | ||||||
3 | child if the child is not in the custody of either
parent, | ||||||
4 | or
| ||||||
5 | (2) the child is found in the State and neither a | ||||||
6 | parent,
guardian nor custodian of the child can be | ||||||
7 | located.
| ||||||
8 | If the child is found in his or her residence without a parent, | ||||||
9 | guardian,
custodian, or responsible caretaker, the Department | ||||||
10 | may, instead of removing
the child and assuming temporary | ||||||
11 | custody, place an authorized
representative of the Department | ||||||
12 | in that residence until such time as a
parent, guardian, or | ||||||
13 | custodian enters the home and expresses a willingness
and | ||||||
14 | apparent ability to ensure the child's health and safety and | ||||||
15 | resume
permanent
charge of the child, or until a
relative | ||||||
16 | enters the home and is willing and able to ensure the child's | ||||||
17 | health
and
safety and assume charge of the
child until a | ||||||
18 | parent, guardian, or custodian enters the home and expresses
| ||||||
19 | such willingness and ability to ensure the child's safety and | ||||||
20 | resume
permanent charge. After a caretaker has remained in the | ||||||
21 | home for a period not
to exceed 12 hours, the Department must | ||||||
22 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
23 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
24 | The Department shall have the authority, responsibilities | ||||||
25 | and duties that
a legal custodian of the child would have | ||||||
26 | pursuant to subsection (9) of
Section 1-3 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987. Whenever a child is taken
into temporary | ||||||
2 | custody pursuant to an investigation under the Abused and
| ||||||
3 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
4 | acceptance
under the Juvenile Court Act of 1987 of a minor in | ||||||
5 | limited custody, the
Department, during the period of | ||||||
6 | temporary custody and before the child
is brought before a | ||||||
7 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
8 | 5-415 of the Juvenile Court Act of 1987, shall have
the | ||||||
9 | authority, responsibilities and duties that a legal custodian | ||||||
10 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
11 | the Juvenile Court Act of
1987.
| ||||||
12 | The Department shall ensure that any child taken into | ||||||
13 | custody
is scheduled for an appointment for a medical | ||||||
14 | examination.
| ||||||
15 | A parent, guardian, or custodian of a child in the | ||||||
16 | temporary custody of the
Department who would have custody of | ||||||
17 | the child if he were not in the
temporary custody of the | ||||||
18 | Department may deliver to the Department a signed
request that | ||||||
19 | the Department surrender the temporary custody of the child.
| ||||||
20 | The Department may retain temporary custody of the child for | ||||||
21 | 10 days after
the receipt of the request, during which period | ||||||
22 | the Department may cause to
be filed a petition pursuant to the | ||||||
23 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
24 | Department shall retain temporary custody of the
child until | ||||||
25 | the court orders otherwise. If a petition is not filed within
| ||||||
26 | the 10-day period, the child shall be surrendered to the |
| |||||||
| |||||||
1 | custody of the
requesting parent, guardian, or custodian not | ||||||
2 | later than the expiration of
the 10-day period, at which time | ||||||
3 | the authority and duties of the Department
with respect to the | ||||||
4 | temporary custody of the child shall terminate.
| ||||||
5 | (m-1) The Department may place children under 18 years of | ||||||
6 | age in a secure
child care facility licensed by the Department | ||||||
7 | that cares for children who are
in need of secure living | ||||||
8 | arrangements for their health, safety, and well-being
after a | ||||||
9 | determination is made by the facility director and the | ||||||
10 | Director or the
Director's designate prior to admission to the | ||||||
11 | facility subject to Section
2-27.1 of the Juvenile Court Act | ||||||
12 | of 1987. This subsection (m-1) does not apply
to a child who is | ||||||
13 | subject to placement in a correctional facility operated
| ||||||
14 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
15 | unless the
child is a youth in care who was placed in the care | ||||||
16 | of the Department before being
subject to placement in a | ||||||
17 | correctional facility and a court of competent
jurisdiction | ||||||
18 | has ordered placement of the child in a secure care facility.
| ||||||
19 | (n) The Department may place children under 18 years of | ||||||
20 | age in
licensed child care facilities when in the opinion of | ||||||
21 | the Department,
appropriate services aimed at family | ||||||
22 | preservation have been unsuccessful and
cannot ensure the | ||||||
23 | child's health and safety or are unavailable and such
| ||||||
24 | placement would be for their best interest. Payment
for board, | ||||||
25 | clothing, care, training and supervision of any child placed | ||||||
26 | in
a licensed child care facility may be made by the |
| |||||||
| |||||||
1 | Department, by the
parents or guardians of the estates of | ||||||
2 | those children, or by both the
Department and the parents or | ||||||
3 | guardians, except that no payments shall be
made by the | ||||||
4 | Department for any child placed in a licensed child care
| ||||||
5 | facility for board, clothing, care, training and supervision | ||||||
6 | of such a
child that exceed the average per capita cost of | ||||||
7 | maintaining and of caring
for a child in institutions for | ||||||
8 | dependent or neglected children operated by
the Department. | ||||||
9 | However, such restriction on payments does not apply in
cases | ||||||
10 | where children require specialized care and treatment for | ||||||
11 | problems of
severe emotional disturbance, physical disability, | ||||||
12 | social adjustment, or
any combination thereof and suitable | ||||||
13 | facilities for the placement of such
children are not | ||||||
14 | available at payment rates within the limitations set
forth in | ||||||
15 | this Section. All reimbursements for services delivered shall | ||||||
16 | be
absolutely inalienable by assignment, sale, attachment, or | ||||||
17 | garnishment or
otherwise.
| ||||||
18 | (n-1) The Department shall provide or authorize child | ||||||
19 | welfare services, aimed at assisting minors to achieve | ||||||
20 | sustainable self-sufficiency as independent adults, for any | ||||||
21 | minor eligible for the reinstatement of wardship pursuant to | ||||||
22 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
23 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
24 | provided that the minor consents to such services and has not | ||||||
25 | yet attained the age of 23 21 . The Department shall have | ||||||
26 | responsibility for the development and delivery of services |
| |||||||
| |||||||
1 | under this Section. An eligible youth may access services | ||||||
2 | under this Section through the Department of Children and | ||||||
3 | Family Services or by referral from the Department of Human | ||||||
4 | Services. Youth participating in services under this Section | ||||||
5 | shall cooperate with the assigned case manager in developing | ||||||
6 | an agreement identifying the services to be provided and how | ||||||
7 | the youth will increase skills to achieve self-sufficiency. A | ||||||
8 | homeless shelter is not considered appropriate housing for any | ||||||
9 | youth receiving child welfare services under this Section. The | ||||||
10 | Department shall continue child welfare services under this | ||||||
11 | Section to any eligible minor until the minor becomes 23 21 | ||||||
12 | years of age, no longer consents to participate, or achieves | ||||||
13 | self-sufficiency as identified in the minor's service plan. | ||||||
14 | The Department of Children and Family Services shall create | ||||||
15 | clear, readable notice of the rights of former foster youth to | ||||||
16 | child welfare services under this Section and how such | ||||||
17 | services may be obtained. The Department of Children and | ||||||
18 | Family Services and the Department of Human Services shall | ||||||
19 | disseminate this information statewide. The Department shall | ||||||
20 | adopt regulations describing services intended to assist | ||||||
21 | minors in achieving sustainable self-sufficiency as | ||||||
22 | independent adults. | ||||||
23 | (o) The Department shall establish an administrative | ||||||
24 | review and appeal
process for children and families who | ||||||
25 | request or receive child welfare
services from the Department. | ||||||
26 | Youth in care who are placed by private child welfare |
| |||||||
| |||||||
1 | agencies, and foster families with whom
those youth are | ||||||
2 | placed, shall be afforded the same procedural and appeal
| ||||||
3 | rights as children and families in the case of placement by the | ||||||
4 | Department,
including the right to an initial review of a | ||||||
5 | private agency decision by
that agency. The Department shall | ||||||
6 | ensure that any private child welfare
agency, which accepts | ||||||
7 | youth in care for placement, affords those
rights to children | ||||||
8 | and foster families. The Department shall accept for
| ||||||
9 | administrative review and an appeal hearing a complaint made | ||||||
10 | by (i) a child
or foster family concerning a decision | ||||||
11 | following an initial review by a
private child welfare agency | ||||||
12 | or (ii) a prospective adoptive parent who alleges
a violation | ||||||
13 | of subsection (j-5) of this Section. An appeal of a decision
| ||||||
14 | concerning a change in the placement of a child shall be | ||||||
15 | conducted in an
expedited manner. A court determination that a | ||||||
16 | current foster home placement is necessary and appropriate | ||||||
17 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
18 | constitute a judicial determination on the merits of an | ||||||
19 | administrative appeal, filed by a former foster parent, | ||||||
20 | involving a change of placement decision.
| ||||||
21 | (p) (Blank).
| ||||||
22 | (q) The Department may receive and use, in their entirety, | ||||||
23 | for the
benefit of children any gift, donation, or bequest of | ||||||
24 | money or other
property which is received on behalf of such | ||||||
25 | children, or any financial
benefits to which such children are | ||||||
26 | or may become entitled while under
the jurisdiction or care of |
| |||||||
| |||||||
1 | the Department.
| ||||||
2 | The Department shall set up and administer no-cost, | ||||||
3 | interest-bearing accounts in appropriate financial | ||||||
4 | institutions
for children for whom the Department is legally | ||||||
5 | responsible and who have been
determined eligible for | ||||||
6 | Veterans' Benefits, Social Security benefits,
assistance | ||||||
7 | allotments from the armed forces, court ordered payments, | ||||||
8 | parental
voluntary payments, Supplemental Security Income, | ||||||
9 | Railroad Retirement
payments, Black Lung benefits, or other | ||||||
10 | miscellaneous payments. Interest
earned by each account shall | ||||||
11 | be credited to the account, unless
disbursed in accordance | ||||||
12 | with this subsection.
| ||||||
13 | In disbursing funds from children's accounts, the | ||||||
14 | Department
shall:
| ||||||
15 | (1) Establish standards in accordance with State and | ||||||
16 | federal laws for
disbursing money from children's | ||||||
17 | accounts. In all
circumstances,
the Department's | ||||||
18 | "Guardianship Administrator" or his or her designee must
| ||||||
19 | approve disbursements from children's accounts. The | ||||||
20 | Department
shall be responsible for keeping complete | ||||||
21 | records of all disbursements for each account for any | ||||||
22 | purpose.
| ||||||
23 | (2) Calculate on a monthly basis the amounts paid from | ||||||
24 | State funds for the
child's board and care, medical care | ||||||
25 | not covered under Medicaid, and social
services; and | ||||||
26 | utilize funds from the child's account, as
covered by |
| |||||||
| |||||||
1 | regulation, to reimburse those costs. Monthly, | ||||||
2 | disbursements from
all children's accounts, up to 1/12 of | ||||||
3 | $13,000,000, shall be
deposited by the Department into the | ||||||
4 | General Revenue Fund and the balance over
1/12 of | ||||||
5 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
6 | (3) Maintain any balance remaining after reimbursing | ||||||
7 | for the child's costs
of care, as specified in item (2). | ||||||
8 | The balance shall accumulate in accordance
with relevant | ||||||
9 | State and federal laws and shall be disbursed to the child | ||||||
10 | or his
or her guardian, or to the issuing agency.
| ||||||
11 | (r) The Department shall promulgate regulations | ||||||
12 | encouraging all adoption
agencies to voluntarily forward to | ||||||
13 | the Department or its agent names and
addresses of all persons | ||||||
14 | who have applied for and have been approved for
adoption of a | ||||||
15 | hard-to-place child or child with a disability and the names | ||||||
16 | of such
children who have not been placed for adoption. A list | ||||||
17 | of such names and
addresses shall be maintained by the | ||||||
18 | Department or its agent, and coded
lists which maintain the | ||||||
19 | confidentiality of the person seeking to adopt the
child and | ||||||
20 | of the child shall be made available, without charge, to every
| ||||||
21 | adoption agency in the State to assist the agencies in placing | ||||||
22 | such
children for adoption. The Department may delegate to an | ||||||
23 | agent its duty to
maintain and make available such lists. The | ||||||
24 | Department shall ensure that
such agent maintains the | ||||||
25 | confidentiality of the person seeking to adopt the
child and | ||||||
26 | of the child.
|
| |||||||
| |||||||
1 | (s) The Department of Children and Family Services may | ||||||
2 | establish and
implement a program to reimburse Department and | ||||||
3 | private child welfare
agency foster parents licensed by the | ||||||
4 | Department of Children and Family
Services for damages | ||||||
5 | sustained by the foster parents as a result of the
malicious or | ||||||
6 | negligent acts of foster children, as well as providing third
| ||||||
7 | party coverage for such foster parents with regard to actions | ||||||
8 | of foster
children to other individuals. Such coverage will be | ||||||
9 | secondary to the
foster parent liability insurance policy, if | ||||||
10 | applicable. The program shall
be funded through appropriations | ||||||
11 | from the General Revenue Fund,
specifically designated for | ||||||
12 | such purposes.
| ||||||
13 | (t) The Department shall perform home studies and | ||||||
14 | investigations and
shall exercise supervision over visitation | ||||||
15 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
16 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
17 | (1) an order entered by an Illinois court specifically
| ||||||
18 | directs the Department to perform such services; and
| ||||||
19 | (2) the court has ordered one or both of the parties to
| ||||||
20 | the proceeding to reimburse the Department for its | ||||||
21 | reasonable costs for
providing such services in accordance | ||||||
22 | with Department rules, or has
determined that neither | ||||||
23 | party is financially able to pay.
| ||||||
24 | The Department shall provide written notification to the | ||||||
25 | court of the
specific arrangements for supervised visitation | ||||||
26 | and projected monthly costs
within 60 days of the court order. |
| |||||||
| |||||||
1 | The Department shall send to the court
information related to | ||||||
2 | the costs incurred except in cases where the court
has | ||||||
3 | determined the parties are financially unable to pay. The | ||||||
4 | court may
order additional periodic reports as appropriate.
| ||||||
5 | (u) In addition to other information that must be | ||||||
6 | provided, whenever the Department places a child with a | ||||||
7 | prospective adoptive parent or parents, in a licensed foster | ||||||
8 | home,
group home, or child care institution, or in a relative | ||||||
9 | home, the Department
shall provide to the prospective adoptive | ||||||
10 | parent or parents or other caretaker:
| ||||||
11 | (1) available detailed information concerning the | ||||||
12 | child's educational
and health history, copies of | ||||||
13 | immunization records (including insurance
and medical card | ||||||
14 | information), a history of the child's previous | ||||||
15 | placements,
if any, and reasons for placement changes | ||||||
16 | excluding any information that
identifies or reveals the | ||||||
17 | location of any previous caretaker;
| ||||||
18 | (2) a copy of the child's portion of the client | ||||||
19 | service plan, including
any visitation arrangement, and | ||||||
20 | all amendments or revisions to it as
related to the child; | ||||||
21 | and
| ||||||
22 | (3) information containing details of the child's | ||||||
23 | individualized
educational plan when the child is | ||||||
24 | receiving special education services.
| ||||||
25 | The caretaker shall be informed of any known social or | ||||||
26 | behavioral
information (including, but not limited to, |
| |||||||
| |||||||
1 | criminal background, fire
setting, perpetuation of
sexual | ||||||
2 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
3 | care
for and safeguard the children to be placed or currently | ||||||
4 | in the home. The Department may prepare a written summary of | ||||||
5 | the information required by this paragraph, which may be | ||||||
6 | provided to the foster or prospective adoptive parent in | ||||||
7 | advance of a placement. The foster or prospective adoptive | ||||||
8 | parent may review the supporting documents in the child's file | ||||||
9 | in the presence of casework staff. In the case of an emergency | ||||||
10 | placement, casework staff shall at least provide known | ||||||
11 | information verbally, if necessary, and must subsequently | ||||||
12 | provide the information in writing as required by this | ||||||
13 | subsection.
| ||||||
14 | The information described in this subsection shall be | ||||||
15 | provided in writing. In the case of emergency placements when | ||||||
16 | time does not allow prior review, preparation, and collection | ||||||
17 | of written information, the Department shall provide such | ||||||
18 | information as it becomes available. Within 10 business days | ||||||
19 | after placement, the Department shall obtain from the | ||||||
20 | prospective adoptive parent or parents or other caretaker a | ||||||
21 | signed verification of receipt of the information provided. | ||||||
22 | Within 10 business days after placement, the Department shall | ||||||
23 | provide to the child's guardian ad litem a copy of the | ||||||
24 | information provided to the prospective adoptive parent or | ||||||
25 | parents or other caretaker. The information provided to the | ||||||
26 | prospective adoptive parent or parents or other caretaker |
| |||||||
| |||||||
1 | shall be reviewed and approved regarding accuracy at the | ||||||
2 | supervisory level.
| ||||||
3 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
4 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
5 | of 1969 shall be eligible to
receive foster care payments from | ||||||
6 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
7 | were approved pursuant to approved
relative placement rules | ||||||
8 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
9 | 335 and had submitted an application for licensure as a foster | ||||||
10 | family
home may continue to receive foster care payments only | ||||||
11 | until the Department
determines that they may be licensed as a | ||||||
12 | foster family home or that their
application for licensure is | ||||||
13 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
14 | (v) The Department shall access criminal history record | ||||||
15 | information
as defined in the Illinois Uniform Conviction | ||||||
16 | Information Act and information
maintained in the adjudicatory | ||||||
17 | and dispositional record system as defined in
Section 2605-355 | ||||||
18 | of the
Illinois State Police Law
if the Department determines | ||||||
19 | the information is necessary to perform its duties
under the | ||||||
20 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
21 | of 1969,
and the Children and Family Services Act. The | ||||||
22 | Department shall provide for
interactive computerized | ||||||
23 | communication and processing equipment that permits
direct | ||||||
24 | on-line communication with the Illinois State Police's central
| ||||||
25 | criminal history data repository. The Department shall comply | ||||||
26 | with all
certification requirements and provide certified |
| |||||||
| |||||||
1 | operators who have been
trained by personnel from the Illinois | ||||||
2 | State Police. In addition, one
Office of the Inspector General | ||||||
3 | investigator shall have training in the use of
the criminal | ||||||
4 | history information access system and have
access to the | ||||||
5 | terminal. The Department of Children and Family Services and | ||||||
6 | its
employees shall abide by rules and regulations established | ||||||
7 | by the Illinois State Police relating to the access and | ||||||
8 | dissemination of
this information.
| ||||||
9 | (v-1) Prior to final approval for placement of a child, | ||||||
10 | the Department shall conduct a criminal records background | ||||||
11 | check of the prospective foster or adoptive parent, including | ||||||
12 | fingerprint-based checks of national crime information | ||||||
13 | databases. Final approval for placement shall not be granted | ||||||
14 | if the record check reveals a felony conviction for child | ||||||
15 | abuse or neglect, for spousal abuse, for a crime against | ||||||
16 | children, or for a crime involving violence, including rape, | ||||||
17 | sexual assault, or homicide, but not including other physical | ||||||
18 | assault or battery, or if there is a felony conviction for | ||||||
19 | physical assault, battery, or a drug-related offense committed | ||||||
20 | within the past 5 years. | ||||||
21 | (v-2) Prior to final approval for placement of a child, | ||||||
22 | the Department shall check its child abuse and neglect | ||||||
23 | registry for information concerning prospective foster and | ||||||
24 | adoptive parents, and any adult living in the home. If any | ||||||
25 | prospective foster or adoptive parent or other adult living in | ||||||
26 | the home has resided in another state in the preceding 5 years, |
| |||||||
| |||||||
1 | the Department shall request a check of that other state's | ||||||
2 | child abuse and neglect registry.
| ||||||
3 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
4 | of Public Act
89-392), the Department shall prepare and submit | ||||||
5 | to the Governor and the
General Assembly, a written plan for | ||||||
6 | the development of in-state licensed
secure child care | ||||||
7 | facilities that care for children who are in need of secure
| ||||||
8 | living
arrangements for their health, safety, and well-being. | ||||||
9 | For purposes of this
subsection, secure care facility shall | ||||||
10 | mean a facility that is designed and
operated to ensure that | ||||||
11 | all entrances and exits from the facility, a building
or a | ||||||
12 | distinct part of the building, are under the exclusive control | ||||||
13 | of the
staff of the facility, whether or not the child has the | ||||||
14 | freedom of movement
within the perimeter of the facility, | ||||||
15 | building, or distinct part of the
building. The plan shall | ||||||
16 | include descriptions of the types of facilities that
are | ||||||
17 | needed in Illinois; the cost of developing these secure care | ||||||
18 | facilities;
the estimated number of placements; the potential | ||||||
19 | cost savings resulting from
the movement of children currently | ||||||
20 | out-of-state who are projected to be
returned to Illinois; the | ||||||
21 | necessary geographic distribution of these
facilities in | ||||||
22 | Illinois; and a proposed timetable for development of such
| ||||||
23 | facilities. | ||||||
24 | (x) The Department shall conduct annual credit history | ||||||
25 | checks to determine the financial history of children placed | ||||||
26 | under its guardianship pursuant to the Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987. The Department shall conduct such credit checks starting | ||||||
2 | when a youth in care turns 12 years old and each year | ||||||
3 | thereafter for the duration of the guardianship as terminated | ||||||
4 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
5 | shall determine if financial exploitation of the child's | ||||||
6 | personal information has occurred. If financial exploitation | ||||||
7 | appears to have taken place or is presently ongoing, the | ||||||
8 | Department shall notify the proper law enforcement agency, the | ||||||
9 | proper State's Attorney, or the Attorney General. | ||||||
10 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
11 | Public Act 96-1189), a child with a disability who receives | ||||||
12 | residential and educational services from the Department shall | ||||||
13 | be eligible to receive transition services in accordance with | ||||||
14 | Article 14 of the School Code from the age of 14.5 through age | ||||||
15 | 21, inclusive, notwithstanding the child's residential | ||||||
16 | services arrangement. For purposes of this subsection, "child | ||||||
17 | with a disability" means a child with a disability as defined | ||||||
18 | by the federal Individuals with Disabilities Education | ||||||
19 | Improvement Act of 2004. | ||||||
20 | (z) The Department shall access criminal history record | ||||||
21 | information as defined as "background information" in this | ||||||
22 | subsection and criminal history record information as defined | ||||||
23 | in the Illinois Uniform Conviction Information Act for each | ||||||
24 | Department employee or Department applicant. Each Department | ||||||
25 | employee or Department applicant shall submit his or her | ||||||
26 | fingerprints to the Illinois State Police in the form and |
| |||||||
| |||||||
1 | manner prescribed by the Illinois State Police. These | ||||||
2 | fingerprints shall be checked against the fingerprint records | ||||||
3 | now and hereafter filed in the Illinois State Police and the | ||||||
4 | Federal Bureau of Investigation criminal history records | ||||||
5 | databases. The Illinois State Police shall charge a fee for | ||||||
6 | conducting the criminal history record check, which shall be | ||||||
7 | deposited into the State Police Services Fund and shall not | ||||||
8 | exceed the actual cost of the record check. The Illinois State | ||||||
9 | Police shall furnish, pursuant to positive identification, all | ||||||
10 | Illinois conviction information to the Department of Children | ||||||
11 | and Family Services. | ||||||
12 | For purposes of this subsection: | ||||||
13 | "Background information" means all of the following: | ||||||
14 | (i) Upon the request of the Department of Children and | ||||||
15 | Family Services, conviction information obtained from the | ||||||
16 | Illinois State Police as a result of a fingerprint-based | ||||||
17 | criminal history records check of the Illinois criminal | ||||||
18 | history records database and the Federal Bureau of | ||||||
19 | Investigation criminal history records database concerning | ||||||
20 | a Department employee or Department applicant. | ||||||
21 | (ii) Information obtained by the Department of | ||||||
22 | Children and Family Services after performing a check of | ||||||
23 | the Illinois State Police's Sex Offender Database, as | ||||||
24 | authorized by Section 120 of the Sex Offender Community | ||||||
25 | Notification Law, concerning a Department employee or | ||||||
26 | Department applicant. |
| |||||||
| |||||||
1 | (iii) Information obtained by the Department of | ||||||
2 | Children and Family Services after performing a check of | ||||||
3 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
4 | operated and maintained by the Department. | ||||||
5 | "Department employee" means a full-time or temporary | ||||||
6 | employee coded or certified within the State of Illinois | ||||||
7 | Personnel System. | ||||||
8 | "Department applicant" means an individual who has | ||||||
9 | conditional Department full-time or part-time work, a | ||||||
10 | contractor, an individual used to replace or supplement staff, | ||||||
11 | an academic intern, a volunteer in Department offices or on | ||||||
12 | Department contracts, a work-study student, an individual or | ||||||
13 | entity licensed by the Department, or an unlicensed service | ||||||
14 | provider who works as a condition of a contract or an agreement | ||||||
15 | and whose work may bring the unlicensed service provider into | ||||||
16 | contact with Department clients or client records. | ||||||
17 | (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; | ||||||
18 | 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||||||
19 | 8-20-21.) | ||||||
20 | Section 10. The Illinois Public Aid Code is amended by | ||||||
21 | changing Section 5-2 as follows:
| ||||||
22 | (305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
| ||||||
23 | Sec. 5-2. Classes of persons eligible. Medical assistance | ||||||
24 | under this
Article shall be available to any of the following |
| |||||||
| |||||||
1 | classes of persons in
respect to whom a plan for coverage has | ||||||
2 | been submitted to the Governor
by the Illinois Department and | ||||||
3 | approved by him. If changes made in this Section 5-2 require | ||||||
4 | federal approval, they shall not take effect until such | ||||||
5 | approval has been received:
| ||||||
6 | 1. Recipients of basic maintenance grants under | ||||||
7 | Articles III and IV.
| ||||||
8 | 2. Beginning January 1, 2014, persons otherwise | ||||||
9 | eligible for basic maintenance under Article
III, | ||||||
10 | excluding any eligibility requirements that are | ||||||
11 | inconsistent with any federal law or federal regulation, | ||||||
12 | as interpreted by the U.S. Department of Health and Human | ||||||
13 | Services, but who fail to qualify thereunder on the basis | ||||||
14 | of need, and
who have insufficient income and resources to | ||||||
15 | meet the costs of
necessary medical care, including , but | ||||||
16 | not limited to , the following:
| ||||||
17 | (a) All persons otherwise eligible for basic | ||||||
18 | maintenance under Article
III but who fail to qualify | ||||||
19 | under that Article on the basis of need and who
meet | ||||||
20 | either of the following requirements:
| ||||||
21 | (i) their income, as determined by the | ||||||
22 | Illinois Department in
accordance with any federal | ||||||
23 | requirements, is equal to or less than 100% of the | ||||||
24 | federal poverty level; or
| ||||||
25 | (ii) their income, after the deduction of | ||||||
26 | costs incurred for medical
care and for other |
| |||||||
| |||||||
1 | types of remedial care, is equal to or less than | ||||||
2 | 100% of the federal poverty level.
| ||||||
3 | (b) (Blank).
| ||||||
4 | 3. (Blank).
| ||||||
5 | 4. Persons not eligible under any of the preceding | ||||||
6 | paragraphs who fall
sick, are injured, or die, not having | ||||||
7 | sufficient money, property or other
resources to meet the | ||||||
8 | costs of necessary medical care or funeral and burial
| ||||||
9 | expenses.
| ||||||
10 | 5.(a) Beginning January 1, 2020, women during | ||||||
11 | pregnancy and during the
12-month period beginning on the | ||||||
12 | last day of the pregnancy, together with
their infants,
| ||||||
13 | whose income is at or below 200% of the federal poverty | ||||||
14 | level. Until September 30, 2019, or sooner if the | ||||||
15 | maintenance of effort requirements under the Patient | ||||||
16 | Protection and Affordable Care Act are eliminated or may | ||||||
17 | be waived before then, women during pregnancy and during | ||||||
18 | the 12-month period beginning on the last day of the | ||||||
19 | pregnancy, whose countable monthly income, after the | ||||||
20 | deduction of costs incurred for medical care and for other | ||||||
21 | types of remedial care as specified in administrative | ||||||
22 | rule, is equal to or less than the Medical Assistance-No | ||||||
23 | Grant(C) (MANG(C)) Income Standard in effect on April 1, | ||||||
24 | 2013 as set forth in administrative rule.
| ||||||
25 | (b) The plan for coverage shall provide ambulatory | ||||||
26 | prenatal care to pregnant women during a
presumptive |
| |||||||
| |||||||
1 | eligibility period and establish an income eligibility | ||||||
2 | standard
that is equal to 200% of the federal poverty | ||||||
3 | level, provided that costs incurred
for medical care are | ||||||
4 | not taken into account in determining such income
| ||||||
5 | eligibility.
| ||||||
6 | (c) The Illinois Department may conduct a | ||||||
7 | demonstration in at least one
county that will provide | ||||||
8 | medical assistance to pregnant women, together
with their | ||||||
9 | infants and children up to one year of age,
where the | ||||||
10 | income
eligibility standard is set up to 185% of the | ||||||
11 | nonfarm income official
poverty line, as defined by the | ||||||
12 | federal Office of Management and Budget.
The Illinois | ||||||
13 | Department shall seek and obtain necessary authorization
| ||||||
14 | provided under federal law to implement such a | ||||||
15 | demonstration. Such
demonstration may establish resource | ||||||
16 | standards that are not more
restrictive than those | ||||||
17 | established under Article IV of this Code.
| ||||||
18 | 6. (a) Children younger than age 19 when countable | ||||||
19 | income is at or below 133% of the federal poverty level. | ||||||
20 | Until September 30, 2019, or sooner if the maintenance of | ||||||
21 | effort requirements under the Patient Protection and | ||||||
22 | Affordable Care Act are eliminated or may be waived before | ||||||
23 | then, children younger than age 19 whose countable monthly | ||||||
24 | income, after the deduction of costs incurred for medical | ||||||
25 | care and for other types of remedial care as specified in | ||||||
26 | administrative rule, is equal to or less than the Medical |
| |||||||
| |||||||
1 | Assistance-No Grant(C) (MANG(C)) Income Standard in effect | ||||||
2 | on April 1, 2013 as set forth in administrative rule. | ||||||
3 | (b) Children and youth who are under temporary custody | ||||||
4 | or guardianship of the Department of Children and Family | ||||||
5 | Services or who receive financial assistance in support of | ||||||
6 | an adoption or guardianship placement from the Department | ||||||
7 | of Children and Family Services.
| ||||||
8 | 7. (Blank).
| ||||||
9 | 8. As required under federal law, persons who are | ||||||
10 | eligible for Transitional Medical Assistance as a result | ||||||
11 | of an increase in earnings or child or spousal support | ||||||
12 | received. The plan for coverage for this class of persons | ||||||
13 | shall:
| ||||||
14 | (a) extend the medical assistance coverage to the | ||||||
15 | extent required by federal law; and
| ||||||
16 | (b) offer persons who have initially received 6 | ||||||
17 | months of the
coverage provided in paragraph (a) | ||||||
18 | above, the option of receiving an
additional 6 months | ||||||
19 | of coverage, subject to the following:
| ||||||
20 | (i) such coverage shall be pursuant to | ||||||
21 | provisions of the federal
Social Security Act;
| ||||||
22 | (ii) such coverage shall include all services | ||||||
23 | covered under Illinois' State Medicaid Plan;
| ||||||
24 | (iii) no premium shall be charged for such | ||||||
25 | coverage; and
| ||||||
26 | (iv) such coverage shall be suspended in the |
| |||||||
| |||||||
1 | event of a person's
failure without good cause to | ||||||
2 | file in a timely fashion reports required for
this | ||||||
3 | coverage under the Social Security Act and | ||||||
4 | coverage shall be reinstated
upon the filing of | ||||||
5 | such reports if the person remains otherwise | ||||||
6 | eligible.
| ||||||
7 | 9. Persons with acquired immunodeficiency syndrome | ||||||
8 | (AIDS) or with
AIDS-related conditions with respect to | ||||||
9 | whom there has been a determination
that but for home or | ||||||
10 | community-based services such individuals would
require | ||||||
11 | the level of care provided in an inpatient hospital, | ||||||
12 | skilled
nursing facility or intermediate care facility the | ||||||
13 | cost of which is
reimbursed under this Article. Assistance | ||||||
14 | shall be provided to such
persons to the maximum extent | ||||||
15 | permitted under Title
XIX of the Federal Social Security | ||||||
16 | Act.
| ||||||
17 | 10. Participants in the long-term care insurance | ||||||
18 | partnership program
established under the Illinois | ||||||
19 | Long-Term Care Partnership Program Act who meet the
| ||||||
20 | qualifications for protection of resources described in | ||||||
21 | Section 15 of that
Act.
| ||||||
22 | 11. Persons with disabilities who are employed and | ||||||
23 | eligible for Medicaid,
pursuant to Section | ||||||
24 | 1902(a)(10)(A)(ii)(xv) of the Social Security Act, and, | ||||||
25 | subject to federal approval, persons with a medically | ||||||
26 | improved disability who are employed and eligible for |
| |||||||
| |||||||
1 | Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of | ||||||
2 | the Social Security Act, as
provided by the Illinois | ||||||
3 | Department by rule. In establishing eligibility standards | ||||||
4 | under this paragraph 11, the Department shall, subject to | ||||||
5 | federal approval: | ||||||
6 | (a) set the income eligibility standard at not | ||||||
7 | lower than 350% of the federal poverty level; | ||||||
8 | (b) exempt retirement accounts that the person | ||||||
9 | cannot access without penalty before the age
of 59 | ||||||
10 | 1/2, and medical savings accounts established pursuant | ||||||
11 | to 26 U.S.C. 220; | ||||||
12 | (c) allow non-exempt assets up to $25,000 as to | ||||||
13 | those assets accumulated during periods of eligibility | ||||||
14 | under this paragraph 11; and
| ||||||
15 | (d) continue to apply subparagraphs (b) and (c) in | ||||||
16 | determining the eligibility of the person under this | ||||||
17 | Article even if the person loses eligibility under | ||||||
18 | this paragraph 11.
| ||||||
19 | 12. Subject to federal approval, persons who are | ||||||
20 | eligible for medical
assistance coverage under applicable | ||||||
21 | provisions of the federal Social Security
Act and the | ||||||
22 | federal Breast and Cervical Cancer Prevention and | ||||||
23 | Treatment Act of
2000. Those eligible persons are defined | ||||||
24 | to include, but not be limited to,
the following persons:
| ||||||
25 | (1) persons who have been screened for breast or | ||||||
26 | cervical cancer under
the U.S. Centers for Disease |
| |||||||
| |||||||
1 | Control and Prevention Breast and Cervical Cancer
| ||||||
2 | Program established under Title XV of the federal | ||||||
3 | Public Health Service Services Act in
accordance with | ||||||
4 | the requirements of Section 1504 of that Act as | ||||||
5 | administered by
the Illinois Department of Public | ||||||
6 | Health; and
| ||||||
7 | (2) persons whose screenings under the above | ||||||
8 | program were funded in whole
or in part by funds | ||||||
9 | appropriated to the Illinois Department of Public | ||||||
10 | Health
for breast or cervical cancer screening.
| ||||||
11 | "Medical assistance" under this paragraph 12 shall be | ||||||
12 | identical to the benefits
provided under the State's | ||||||
13 | approved plan under Title XIX of the Social Security
Act. | ||||||
14 | The Department must request federal approval of the | ||||||
15 | coverage under this
paragraph 12 within 30 days after July | ||||||
16 | 3, 2001 ( the effective date of Public Act 92-47) this | ||||||
17 | amendatory Act of
the 92nd General Assembly .
| ||||||
18 | In addition to the persons who are eligible for | ||||||
19 | medical assistance pursuant to subparagraphs (1) and (2) | ||||||
20 | of this paragraph 12, and to be paid from funds | ||||||
21 | appropriated to the Department for its medical programs, | ||||||
22 | any uninsured person as defined by the Department in rules | ||||||
23 | residing in Illinois who is younger than 65 years of age, | ||||||
24 | who has been screened for breast and cervical cancer in | ||||||
25 | accordance with standards and procedures adopted by the | ||||||
26 | Department of Public Health for screening, and who is |
| |||||||
| |||||||
1 | referred to the Department by the Department of Public | ||||||
2 | Health as being in need of treatment for breast or | ||||||
3 | cervical cancer is eligible for medical assistance | ||||||
4 | benefits that are consistent with the benefits provided to | ||||||
5 | those persons described in subparagraphs (1) and (2). | ||||||
6 | Medical assistance coverage for the persons who are | ||||||
7 | eligible under the preceding sentence is not dependent on | ||||||
8 | federal approval, but federal moneys may be used to pay | ||||||
9 | for services provided under that coverage upon federal | ||||||
10 | approval. | ||||||
11 | 13. Subject to appropriation and to federal approval, | ||||||
12 | persons living with HIV/AIDS who are not otherwise | ||||||
13 | eligible under this Article and who qualify for services | ||||||
14 | covered under Section 5-5.04 as provided by the Illinois | ||||||
15 | Department by rule.
| ||||||
16 | 14. Subject to the availability of funds for this | ||||||
17 | purpose, the Department may provide coverage under this | ||||||
18 | Article to persons who reside in Illinois who are not | ||||||
19 | eligible under any of the preceding paragraphs and who | ||||||
20 | meet the income guidelines of paragraph 2(a) of this | ||||||
21 | Section and (i) have an application for asylum pending | ||||||
22 | before the federal Department of Homeland Security or on | ||||||
23 | appeal before a court of competent jurisdiction and are | ||||||
24 | represented either by counsel or by an advocate accredited | ||||||
25 | by the federal Department of Homeland Security and | ||||||
26 | employed by a not-for-profit organization in regard to |
| |||||||
| |||||||
1 | that application or appeal, or (ii) are receiving services | ||||||
2 | through a federally funded torture treatment center. | ||||||
3 | Medical coverage under this paragraph 14 may be provided | ||||||
4 | for up to 24 continuous months from the initial | ||||||
5 | eligibility date so long as an individual continues to | ||||||
6 | satisfy the criteria of this paragraph 14. If an | ||||||
7 | individual has an appeal pending regarding an application | ||||||
8 | for asylum before the Department of Homeland Security, | ||||||
9 | eligibility under this paragraph 14 may be extended until | ||||||
10 | a final decision is rendered on the appeal. The Department | ||||||
11 | may adopt rules governing the implementation of this | ||||||
12 | paragraph 14.
| ||||||
13 | 15. Family Care Eligibility. | ||||||
14 | (a) On and after July 1, 2012, a parent or other | ||||||
15 | caretaker relative who is 19 years of age or older when | ||||||
16 | countable income is at or below 133% of the federal | ||||||
17 | poverty level. A person may not spend down to become | ||||||
18 | eligible under this paragraph 15. | ||||||
19 | (b) Eligibility shall be reviewed annually. | ||||||
20 | (c) (Blank). | ||||||
21 | (d) (Blank). | ||||||
22 | (e) (Blank). | ||||||
23 | (f) (Blank). | ||||||
24 | (g) (Blank). | ||||||
25 | (h) (Blank). | ||||||
26 | (i) Following termination of an individual's |
| |||||||
| |||||||
1 | coverage under this paragraph 15, the individual must | ||||||
2 | be determined eligible before the person can be | ||||||
3 | re-enrolled. | ||||||
4 | 16. Subject to appropriation, uninsured persons who | ||||||
5 | are not otherwise eligible under this Section who have | ||||||
6 | been certified and referred by the Department of Public | ||||||
7 | Health as having been screened and found to need | ||||||
8 | diagnostic evaluation or treatment, or both diagnostic | ||||||
9 | evaluation and treatment, for prostate or testicular | ||||||
10 | cancer. For the purposes of this paragraph 16, uninsured | ||||||
11 | persons are those who do not have creditable coverage, as | ||||||
12 | defined under the Health Insurance Portability and | ||||||
13 | Accountability Act, or have otherwise exhausted any | ||||||
14 | insurance benefits they may have had, for prostate or | ||||||
15 | testicular cancer diagnostic evaluation or treatment, or | ||||||
16 | both diagnostic evaluation and treatment.
To be eligible, | ||||||
17 | a person must furnish a Social Security number.
A person's | ||||||
18 | assets are exempt from consideration in determining | ||||||
19 | eligibility under this paragraph 16.
Such persons shall be | ||||||
20 | eligible for medical assistance under this paragraph 16 | ||||||
21 | for so long as they need treatment for the cancer. A person | ||||||
22 | shall be considered to need treatment if, in the opinion | ||||||
23 | of the person's treating physician, the person requires | ||||||
24 | therapy directed toward cure or palliation of prostate or | ||||||
25 | testicular cancer, including recurrent metastatic cancer | ||||||
26 | that is a known or presumed complication of prostate or |
| |||||||
| |||||||
1 | testicular cancer and complications resulting from the | ||||||
2 | treatment modalities themselves. Persons who require only | ||||||
3 | routine monitoring services are not considered to need | ||||||
4 | treatment.
"Medical assistance" under this paragraph 16 | ||||||
5 | shall be identical to the benefits provided under the | ||||||
6 | State's approved plan under Title XIX of the Social | ||||||
7 | Security Act.
Notwithstanding any other provision of law, | ||||||
8 | the Department (i) does not have a claim against the | ||||||
9 | estate of a deceased recipient of services under this | ||||||
10 | paragraph 16 and (ii) does not have a lien against any | ||||||
11 | homestead property or other legal or equitable real | ||||||
12 | property interest owned by a recipient of services under | ||||||
13 | this paragraph 16. | ||||||
14 | 17. Persons who, pursuant to a waiver approved by the | ||||||
15 | Secretary of the U.S. Department of Health and Human | ||||||
16 | Services, are eligible for medical assistance under Title | ||||||
17 | XIX or XXI of the federal Social Security Act. | ||||||
18 | Notwithstanding any other provision of this Code and | ||||||
19 | consistent with the terms of the approved waiver, the | ||||||
20 | Illinois Department, may by rule: | ||||||
21 | (a) Limit the geographic areas in which the waiver | ||||||
22 | program operates. | ||||||
23 | (b) Determine the scope, quantity, duration, and | ||||||
24 | quality, and the rate and method of reimbursement, of | ||||||
25 | the medical services to be provided, which may differ | ||||||
26 | from those for other classes of persons eligible for |
| |||||||
| |||||||
1 | assistance under this Article. | ||||||
2 | (c) Restrict the persons' freedom in choice of | ||||||
3 | providers. | ||||||
4 | 18. Beginning January 1, 2014, persons aged 19 or | ||||||
5 | older, but younger than 65, who are not otherwise eligible | ||||||
6 | for medical assistance under this Section 5-2, who qualify | ||||||
7 | for medical assistance pursuant to 42 U.S.C. | ||||||
8 | 1396a(a)(10)(A)(i)(VIII) and applicable federal | ||||||
9 | regulations, and who have income at or below 133% of the | ||||||
10 | federal poverty level plus 5% for the applicable family | ||||||
11 | size as determined pursuant to 42 U.S.C. 1396a(e)(14) and | ||||||
12 | applicable federal regulations. Persons eligible for | ||||||
13 | medical assistance under this paragraph 18 shall receive | ||||||
14 | coverage for the Health Benefits Service Package as that | ||||||
15 | term is defined in subsection (m) of Section 5-1.1 of this | ||||||
16 | Code. If Illinois' federal medical assistance percentage | ||||||
17 | (FMAP) is reduced below 90% for persons eligible for | ||||||
18 | medical
assistance under this paragraph 18, eligibility | ||||||
19 | under this paragraph 18 shall cease no later than the end | ||||||
20 | of the third month following the month in which the | ||||||
21 | reduction in FMAP takes effect. | ||||||
22 | 19. Beginning January 1, 2014, as required under 42 | ||||||
23 | U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18 | ||||||
24 | and younger than age 26 who are not otherwise eligible for | ||||||
25 | medical assistance under paragraphs (1) through (17) of | ||||||
26 | this Section who (i) were in foster care under the |
| |||||||
| |||||||
1 | responsibility of the State on the date of attaining age | ||||||
2 | 18 or on the date of attaining age 22 21 when a court has | ||||||
3 | continued wardship for good cause as provided in Section | ||||||
4 | 2-31 of the Juvenile Court Act of 1987 and (ii) received | ||||||
5 | medical assistance under the Illinois Title XIX State Plan | ||||||
6 | or waiver of such plan while in foster care. | ||||||
7 | 20. Beginning January 1, 2018, persons who are | ||||||
8 | foreign-born victims of human trafficking, torture, or | ||||||
9 | other serious crimes as defined in Section 2-19 of this | ||||||
10 | Code and their derivative family members if such persons: | ||||||
11 | (i) reside in Illinois; (ii) are not eligible under any of | ||||||
12 | the preceding paragraphs; (iii) meet the income guidelines | ||||||
13 | of subparagraph (a) of paragraph 2; and (iv) meet the | ||||||
14 | nonfinancial eligibility requirements of Sections 16-2, | ||||||
15 | 16-3, and 16-5 of this Code. The Department may extend | ||||||
16 | medical assistance for persons who are foreign-born | ||||||
17 | victims of human trafficking, torture, or other serious | ||||||
18 | crimes whose medical assistance would be terminated | ||||||
19 | pursuant to subsection (b) of Section 16-5 if the | ||||||
20 | Department determines that the person, during the year of | ||||||
21 | initial eligibility (1) experienced a health crisis, (2) | ||||||
22 | has been unable, after reasonable attempts, to obtain | ||||||
23 | necessary information from a third party, or (3) has other | ||||||
24 | extenuating circumstances that prevented the person from | ||||||
25 | completing his or her application for status. The | ||||||
26 | Department may adopt any rules necessary to implement the |
| |||||||
| |||||||
1 | provisions of this paragraph. | ||||||
2 | 21. Persons who are not otherwise eligible for medical | ||||||
3 | assistance under this Section who may qualify for medical | ||||||
4 | assistance pursuant to 42 U.S.C. | ||||||
5 | 1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the | ||||||
6 | duration of any federal or State declared emergency due to | ||||||
7 | COVID-19. Medical assistance to persons eligible for | ||||||
8 | medical assistance solely pursuant to this paragraph 21 | ||||||
9 | shall be limited to any in vitro diagnostic product (and | ||||||
10 | the administration of such product) described in 42 U.S.C. | ||||||
11 | 1396d(a)(3)(B) on or after March 18, 2020, any visit | ||||||
12 | described in 42 U.S.C. 1396o(a)(2)(G), or any other | ||||||
13 | medical assistance that may be federally authorized for | ||||||
14 | this class of persons. The Department may also cover | ||||||
15 | treatment of COVID-19 for this class of persons, or any | ||||||
16 | similar category of uninsured individuals, to the extent | ||||||
17 | authorized under a federally approved 1115 Waiver or other | ||||||
18 | federal authority. Notwithstanding the provisions of | ||||||
19 | Section 1-11 of this Code, due to the nature of the | ||||||
20 | COVID-19 public health emergency, the Department may cover | ||||||
21 | and provide the medical assistance described in this | ||||||
22 | paragraph 21 to noncitizens who would otherwise meet the | ||||||
23 | eligibility requirements for the class of persons | ||||||
24 | described in this paragraph 21 for the duration of the | ||||||
25 | State emergency period. | ||||||
26 | In implementing the provisions of Public Act 96-20, the |
| |||||||
| |||||||
1 | Department is authorized to adopt only those rules necessary, | ||||||
2 | including emergency rules. Nothing in Public Act 96-20 permits | ||||||
3 | the Department to adopt rules or issue a decision that expands | ||||||
4 | eligibility for the FamilyCare Program to a person whose | ||||||
5 | income exceeds 185% of the Federal Poverty Level as determined | ||||||
6 | from time to time by the U.S. Department of Health and Human | ||||||
7 | Services, unless the Department is provided with express | ||||||
8 | statutory authority.
| ||||||
9 | The eligibility of any such person for medical assistance | ||||||
10 | under this
Article is not affected by the payment of any grant | ||||||
11 | under the Senior
Citizens and Persons with Disabilities | ||||||
12 | Property Tax Relief Act or any distributions or items of | ||||||
13 | income described under
subparagraph (X) of
paragraph (2) of | ||||||
14 | subsection (a) of Section 203 of the Illinois Income Tax
Act. | ||||||
15 | The Department shall by rule establish the amounts of
| ||||||
16 | assets to be disregarded in determining eligibility for | ||||||
17 | medical assistance,
which shall at a minimum equal the amounts | ||||||
18 | to be disregarded under the
Federal Supplemental Security | ||||||
19 | Income Program. The amount of assets of a
single person to be | ||||||
20 | disregarded
shall not be less than $2,000, and the amount of | ||||||
21 | assets of a married couple
to be disregarded shall not be less | ||||||
22 | than $3,000.
| ||||||
23 | To the extent permitted under federal law, any person | ||||||
24 | found guilty of a
second violation of Article VIIIA
shall be | ||||||
25 | ineligible for medical assistance under this Article, as | ||||||
26 | provided
in Section 8A-8.
|
| |||||||
| |||||||
1 | The eligibility of any person for medical assistance under | ||||||
2 | this Article
shall not be affected by the receipt by the person | ||||||
3 | of donations or benefits
from fundraisers held for the person | ||||||
4 | in cases of serious illness,
as long as neither the person nor | ||||||
5 | members of the person's family
have actual control over the | ||||||
6 | donations or benefits or the disbursement
of the donations or | ||||||
7 | benefits.
| ||||||
8 | Notwithstanding any other provision of this Code, if the | ||||||
9 | United States Supreme Court holds Title II, Subtitle A, | ||||||
10 | Section 2001(a) of Public Law 111-148 to be unconstitutional, | ||||||
11 | or if a holding of Public Law 111-148 makes Medicaid | ||||||
12 | eligibility allowed under Section 2001(a) inoperable, the | ||||||
13 | State or a unit of local government shall be prohibited from | ||||||
14 | enrolling individuals in the Medical Assistance Program as the | ||||||
15 | result of federal approval of a State Medicaid waiver on or | ||||||
16 | after June 14, 2012 ( the effective date of Public Act 97-687) | ||||||
17 | this amendatory Act of the 97th General Assembly , and any | ||||||
18 | individuals enrolled in the Medical Assistance Program | ||||||
19 | pursuant to eligibility permitted as a result of such a State | ||||||
20 | Medicaid waiver shall become immediately ineligible. | ||||||
21 | Notwithstanding any other provision of this Code, if an | ||||||
22 | Act of Congress that becomes a Public Law eliminates Section | ||||||
23 | 2001(a) of Public Law 111-148, the State or a unit of local | ||||||
24 | government shall be prohibited from enrolling individuals in | ||||||
25 | the Medical Assistance Program as the result of federal | ||||||
26 | approval of a State Medicaid waiver on or after June 14, 2012 |
| |||||||
| |||||||
1 | ( the effective date of Public Act 97-687) this amendatory Act | ||||||
2 | of the 97th General Assembly , and any individuals enrolled in | ||||||
3 | the Medical Assistance Program pursuant to eligibility | ||||||
4 | permitted as a result of such a State Medicaid waiver shall | ||||||
5 | become immediately ineligible. | ||||||
6 | Effective October 1, 2013, the determination of | ||||||
7 | eligibility of persons who qualify under paragraphs 5, 6, 8, | ||||||
8 | 15, 17, and 18 of this Section shall comply with the | ||||||
9 | requirements of 42 U.S.C. 1396a(e)(14) and applicable federal | ||||||
10 | regulations. | ||||||
11 | The Department of Healthcare and Family Services, the | ||||||
12 | Department of Human Services, and the Illinois health | ||||||
13 | insurance marketplace shall work cooperatively to assist | ||||||
14 | persons who would otherwise lose health benefits as a result | ||||||
15 | of changes made under Public Act 98-104 this amendatory Act of | ||||||
16 | the 98th General Assembly to transition to other health | ||||||
17 | insurance coverage. | ||||||
18 | (Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20; | ||||||
19 | revised 8-24-20.)
| ||||||
20 | Section 15. The Juvenile Court Act of 1987 is amended by | ||||||
21 | changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
| ||||||
22 | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| ||||||
23 | Sec. 2-23. Kinds of dispositional orders.
| ||||||
24 | (1) The following kinds of orders of disposition may be |
| |||||||
| |||||||
1 | made in respect of
wards of the court:
| ||||||
2 | (a) A minor found to be neglected or abused under
| ||||||
3 | Section 2-3 or dependent under Section 2-4 may be (1) | ||||||
4 | continued in the
custody of his or her parents,
guardian | ||||||
5 | or legal custodian; (2) placed in accordance with Section | ||||||
6 | 2-27;
(3) restored to the custody of the parent, parents, | ||||||
7 | guardian, or legal
custodian, provided the court shall | ||||||
8 | order the parent, parents, guardian, or
legal custodian to | ||||||
9 | cooperate with the Department of Children and Family
| ||||||
10 | Services and comply with the terms of an after-care plan | ||||||
11 | or risk the loss of
custody of the child and the possible | ||||||
12 | termination of their parental rights;
or
(4) ordered | ||||||
13 | partially or completely emancipated in accordance with
the | ||||||
14 | provisions of the Emancipation of Minors Act.
| ||||||
15 | If the minor is being restored to the custody of a | ||||||
16 | parent, legal custodian, or guardian who lives
outside of | ||||||
17 | Illinois, and an Interstate Compact has been requested and | ||||||
18 | refused, the court may order the
Department of Children | ||||||
19 | and Family Services to arrange for an assessment of the | ||||||
20 | minor's
proposed living arrangement and for ongoing | ||||||
21 | monitoring of the health, safety, and best
interest of the | ||||||
22 | minor and compliance with any order of protective | ||||||
23 | supervision entered in
accordance with Section 2-24. | ||||||
24 | However, in any case in which a minor is found by the | ||||||
25 | court to be
neglected or abused under Section 2-3 of this | ||||||
26 | Act, custody of the minor
shall not be restored to any |
| |||||||
| |||||||
1 | parent, guardian or legal custodian whose acts
or | ||||||
2 | omissions or both have been identified, pursuant to | ||||||
3 | subsection (1) of
Section 2-21, as forming the basis for | ||||||
4 | the court's finding of abuse or
neglect, until such time
| ||||||
5 | as a
hearing is held on the issue of the best interests of | ||||||
6 | the minor and the fitness
of such parent, guardian or | ||||||
7 | legal custodian to care for the minor without
endangering | ||||||
8 | the minor's health or safety, and the court
enters an | ||||||
9 | order that such parent, guardian or legal custodian is fit | ||||||
10 | to care
for the minor.
| ||||||
11 | (b) A minor found to be dependent under
Section 2-4 | ||||||
12 | may be (1) placed in accordance with Section 2-27 or (2)
| ||||||
13 | ordered partially or completely emancipated in accordance | ||||||
14 | with the
provisions of the Emancipation of Minors Act.
| ||||||
15 | However, in any case in which a minor is found by the | ||||||
16 | court to be
dependent under Section 2-4 of this Act, | ||||||
17 | custody of the minor shall not be
restored to
any parent, | ||||||
18 | guardian or legal custodian whose acts or omissions or | ||||||
19 | both have
been identified, pursuant to subsection (1) of | ||||||
20 | Section 2-21, as forming the
basis for the court's finding | ||||||
21 | of dependency, until such
time as a hearing is
held on the | ||||||
22 | issue of the fitness of such parent, guardian or legal
| ||||||
23 | custodian to care for the minor without endangering the | ||||||
24 | minor's health or
safety, and the court enters an order | ||||||
25 | that such
parent, guardian or legal custodian is fit to | ||||||
26 | care for the minor.
|
| |||||||
| |||||||
1 | (b-1) A minor between the ages of 18 and 23 21 may be | ||||||
2 | placed pursuant to Section 2-27 of this Act if (1) the | ||||||
3 | court has granted a supplemental petition to reinstate | ||||||
4 | wardship of the minor pursuant to subsection (2) of | ||||||
5 | Section 2-33, (2) the court has adjudicated the minor a | ||||||
6 | ward of the court, permitted the minor to return home | ||||||
7 | under an order of protection, and subsequently made a | ||||||
8 | finding that it is in the minor's best interest to vacate | ||||||
9 | the order of protection and commit the minor to the | ||||||
10 | Department of Children and Family Services for care and | ||||||
11 | service, or (3) the court returned the minor to the | ||||||
12 | custody of the respondent under Section 2-4b of this Act | ||||||
13 | without terminating the proceedings under Section 2-31 of | ||||||
14 | this Act, and subsequently made a finding that it is in the | ||||||
15 | minor's best interest to commit the minor to the | ||||||
16 | Department of Children and Family Services for care and | ||||||
17 | services. | ||||||
18 | (c) When the court awards guardianship to the | ||||||
19 | Department of Children and
Family Services, the court | ||||||
20 | shall order the parents to cooperate with the
Department | ||||||
21 | of Children and Family Services, comply with the terms of | ||||||
22 | the
service plans, and correct the conditions that require | ||||||
23 | the child to be in care,
or risk termination of their | ||||||
24 | parental rights.
| ||||||
25 | (2) Any order of disposition may provide for protective | ||||||
26 | supervision
under Section 2-24 and may include an order of |
| |||||||
| |||||||
1 | protection under Section 2-25.
| ||||||
2 | Unless the order of disposition expressly so provides, it | ||||||
3 | does
not operate to close proceedings on the pending petition, | ||||||
4 | but is subject
to modification, not inconsistent with Section | ||||||
5 | 2-28, until final closing and discharge of the proceedings | ||||||
6 | under
Section 2-31.
| ||||||
7 | (3) The court also shall enter any other orders necessary | ||||||
8 | to fulfill the
service plan, including, but not limited to, | ||||||
9 | (i) orders requiring parties to
cooperate with services, (ii) | ||||||
10 | restraining orders controlling the conduct of any
party likely | ||||||
11 | to frustrate the achievement of the goal, and (iii) visiting
| ||||||
12 | orders. When the child is placed separately from a sibling, | ||||||
13 | the
court shall review the Sibling Contact Support Plan | ||||||
14 | developed under subsection (f) of Section 7.4 of the Children | ||||||
15 | and Family Services Act, if applicable. If the Department has | ||||||
16 | not convened a meeting to develop a Sibling
Contact Support | ||||||
17 | Plan, or if the court finds that the existing Plan is not in | ||||||
18 | the child's best
interest, the court may enter an order | ||||||
19 | requiring the Department to develop and implement
a Sibling | ||||||
20 | Contact Support Plan under subsection (f) of Section 7.4 of | ||||||
21 | the Children and Family Services Act or order mediation. | ||||||
22 | Unless otherwise specifically authorized by law, the court is | ||||||
23 | not
empowered under this subsection (3) to order specific | ||||||
24 | placements, specific
services, or specific service
providers | ||||||
25 | to be included in the plan. If, after receiving evidence, the | ||||||
26 | court determines that the services contained in the plan are |
| |||||||
| |||||||
1 | not reasonably calculated to facilitate achievement of the | ||||||
2 | permanency goal, the court shall put in writing the factual | ||||||
3 | basis supporting the determination and enter specific findings | ||||||
4 | based on the evidence. The court also shall enter an order for | ||||||
5 | the Department to develop and implement a new service plan or | ||||||
6 | to implement changes to the current service plan consistent | ||||||
7 | with the court's findings. The new service plan shall be filed | ||||||
8 | with the court and served on all parties within 45 days after | ||||||
9 | the date of the order. The court shall continue the matter | ||||||
10 | until the new service plan is filed. Except as authorized by | ||||||
11 | subsection (3.5) of this Section or authorized by law, the | ||||||
12 | court is not empowered under this Section to order specific | ||||||
13 | placements, specific services, or specific service providers | ||||||
14 | to be included in the service plan.
| ||||||
15 | (3.5) If, after reviewing the evidence, including evidence | ||||||
16 | from the Department, the court determines that the minor's | ||||||
17 | current or planned placement is not necessary or appropriate | ||||||
18 | to facilitate achievement of the permanency goal, the court | ||||||
19 | shall put in writing the factual basis supporting its | ||||||
20 | determination and enter specific findings based on the | ||||||
21 | evidence. If the court finds that the minor's current or | ||||||
22 | planned placement is not necessary or appropriate, the court | ||||||
23 | may enter an order directing the Department to implement a | ||||||
24 | recommendation by the minor's treating clinician or a | ||||||
25 | clinician contracted by the Department to evaluate the minor | ||||||
26 | or a recommendation made by the Department. If the Department |
| |||||||
| |||||||
1 | places a minor in a placement under an order entered under this | ||||||
2 | subsection (3.5), the Department has the authority to remove | ||||||
3 | the minor from that placement when a change in circumstances | ||||||
4 | necessitates the removal to protect the minor's health, | ||||||
5 | safety, and best interest. If the Department determines | ||||||
6 | removal is necessary, the Department shall notify the parties | ||||||
7 | of the planned placement change in writing no later than 10 | ||||||
8 | days prior to the implementation of its determination unless | ||||||
9 | remaining in the placement poses an imminent risk of harm to | ||||||
10 | the minor, in which case the Department shall notify the | ||||||
11 | parties of the placement change in writing immediately | ||||||
12 | following the implementation of its decision. The Department | ||||||
13 | shall notify others of the decision to change the minor's | ||||||
14 | placement as required by Department rule. | ||||||
15 | (4) In addition to any other order of disposition, the | ||||||
16 | court may order
any minor adjudicated neglected with respect | ||||||
17 | to his or her own injurious
behavior to make restitution, in | ||||||
18 | monetary or non-monetary form, under the
terms and conditions | ||||||
19 | of Section 5-5-6 of the Unified Code of Corrections,
except | ||||||
20 | that the "presentence hearing" referred to therein shall be | ||||||
21 | the
dispositional hearing for purposes of this Section. The | ||||||
22 | parent, guardian
or legal custodian of the minor may pay some | ||||||
23 | or all of such restitution on
the minor's behalf.
| ||||||
24 | (5) Any order for disposition where the minor is committed | ||||||
25 | or placed in
accordance with Section 2-27 shall provide for | ||||||
26 | the parents or guardian of
the estate of such minor to pay to |
| |||||||
| |||||||
1 | the legal custodian or guardian of the
person of the minor such | ||||||
2 | sums as are determined by the custodian or guardian
of the | ||||||
3 | person of the minor as necessary for the minor's needs. Such | ||||||
4 | payments
may not exceed the maximum amounts provided for by | ||||||
5 | Section 9.1 of the
Children and Family Services Act.
| ||||||
6 | (6) Whenever the order of disposition requires the minor | ||||||
7 | to attend
school or participate in a program of training, the | ||||||
8 | truant officer or
designated school official shall regularly | ||||||
9 | report to the court if the minor
is a chronic or habitual | ||||||
10 | truant under Section 26-2a of the School Code.
| ||||||
11 | (7) The court may terminate the parental rights of a | ||||||
12 | parent at the initial
dispositional hearing if all of the | ||||||
13 | conditions in subsection (5) of Section
2-21 are met.
| ||||||
14 | (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
| ||||||
15 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| ||||||
16 | Sec. 2-31. Duration of wardship and discharge of | ||||||
17 | proceedings.
| ||||||
18 | (1) All proceedings under Article II of this Act in | ||||||
19 | respect of any minor
automatically terminate upon his or her | ||||||
20 | attaining the age of 23 21 years.
| ||||||
21 | (2) Whenever the court determines, and makes written | ||||||
22 | factual findings, that
health, safety, and the best interests | ||||||
23 | of the minor and
the public no longer require the wardship of | ||||||
24 | the court, the court shall
order the wardship terminated and | ||||||
25 | all proceedings under this Act respecting
that minor finally |
| |||||||
| |||||||
1 | closed and discharged. The court may at the same time
continue | ||||||
2 | or terminate any custodianship or guardianship theretofore | ||||||
3 | ordered
but the termination must be made in compliance with | ||||||
4 | Section 2-28. When terminating wardship under this Section, if | ||||||
5 | the minor is over 18 or if wardship is terminated in | ||||||
6 | conjunction with an order partially or completely emancipating | ||||||
7 | the minor in accordance with the Emancipation of Minors Act, | ||||||
8 | the court shall also consider the following factors, in | ||||||
9 | addition to the health, safety, and best interest of the minor | ||||||
10 | and the public: (A) the minor's wishes regarding case closure; | ||||||
11 | (B) the manner in which the minor will maintain independence | ||||||
12 | without services from the Department; (C) the minor's | ||||||
13 | engagement in services including placement offered by the | ||||||
14 | Department; (D) if the minor is not engaged, the Department's | ||||||
15 | efforts to engage the minor; (E) the nature of communication | ||||||
16 | between the minor and the Department; (F) the minor's | ||||||
17 | involvement in other State systems or services; (G) the | ||||||
18 | minor's connections with family and other community support; | ||||||
19 | and (H) any other factor the court deems relevant. The minor's | ||||||
20 | lack of cooperation with services provided by the Department | ||||||
21 | of Children and Family Services shall not by itself be | ||||||
22 | considered sufficient evidence that the minor is prepared to | ||||||
23 | live independently and that it is in the best interest of the | ||||||
24 | minor to terminate wardship. It shall not be in the minor's | ||||||
25 | best interest to terminate wardship of a minor over the age of | ||||||
26 | 18 who is in the guardianship of the Department of Children and |
| |||||||
| |||||||
1 | Family Services if the Department has not made reasonable | ||||||
2 | efforts to ensure that the minor has documents necessary for | ||||||
3 | adult living as provided in Section 35.10 of the Children and | ||||||
4 | Family Services Act.
| ||||||
5 | (3) The wardship of the minor and any custodianship or | ||||||
6 | guardianship
respecting the minor for whom a petition was | ||||||
7 | filed after July 24, 1991 (the effective
date of Public Act | ||||||
8 | 87-14) automatically terminates when he
attains the age of 19 | ||||||
9 | years, except as set forth in subsection (1) of this
Section. | ||||||
10 | The clerk of the court shall at that time record all | ||||||
11 | proceedings
under this Act as finally closed and discharged | ||||||
12 | for that reason. The provisions of this subsection (3) become | ||||||
13 | inoperative on and after July 12, 2019 (the effective date of | ||||||
14 | Public Act 101-78).
| ||||||
15 | (4) Notwithstanding any provision of law to the contrary, | ||||||
16 | the changes made by Public Act 101-78 apply to all cases that | ||||||
17 | are pending on or after July 12, 2019 (the effective date of | ||||||
18 | Public Act 101-78). | ||||||
19 | (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
| ||||||
20 | (705 ILCS 405/2-33)
| ||||||
21 | Sec. 2-33. Supplemental petition to reinstate wardship.
| ||||||
22 | (1) Any time prior to a minor's 18th birthday, pursuant to | ||||||
23 | a supplemental
petition filed under this Section, the court | ||||||
24 | may reinstate wardship and open a
previously closed case when:
| ||||||
25 | (a) wardship and guardianship under the Juvenile Court |
| |||||||
| |||||||
1 | Act of 1987 was
vacated in
conjunction with the | ||||||
2 | appointment of a private guardian under the Probate Act of
| ||||||
3 | 1975;
| ||||||
4 | (b) the minor is not presently a ward of the court | ||||||
5 | under Article II of
this Act nor is there a petition for | ||||||
6 | adjudication of wardship pending on behalf
of the minor; | ||||||
7 | and
| ||||||
8 | (c) it is in the minor's best interest that wardship | ||||||
9 | be reinstated.
| ||||||
10 | (2) Any time prior to a minor's 23rd 21st birthday, | ||||||
11 | pursuant to a supplemental petition filed under this Section, | ||||||
12 | the court may reinstate wardship and open a previously closed | ||||||
13 | case when: | ||||||
14 | (a) wardship and guardianship under this Act was | ||||||
15 | vacated pursuant to: | ||||||
16 | (i) an order entered under subsection (2) of | ||||||
17 | Section 2-31 in the case of a minor over the age of 18; | ||||||
18 | (ii) closure of a case under subsection (2) of | ||||||
19 | Section 2-31 in the case of a minor under the age of 18 | ||||||
20 | who has been partially or completely emancipated in | ||||||
21 | accordance with the Emancipation of Minors Act; or | ||||||
22 | (iii) an order entered under subsection (3) of | ||||||
23 | Section 2-31 based on the minor's attaining the age of | ||||||
24 | 19 years before the effective date of this amendatory | ||||||
25 | Act of the 101st General Assembly; | ||||||
26 | (b) the minor is not presently a ward of the court |
| |||||||
| |||||||
1 | under Article II of this Act nor is there a petition for | ||||||
2 | adjudication of wardship pending on behalf of the minor; | ||||||
3 | and | ||||||
4 | (c) it is in the minor's best interest that wardship | ||||||
5 | be reinstated. | ||||||
6 | (3) The supplemental petition must be filed in the same | ||||||
7 | proceeding in which
the original adjudication order was | ||||||
8 | entered. Unless excused by court for good
cause shown, the | ||||||
9 | petitioner shall give notice of the time and place of the
| ||||||
10 | hearing on the supplemental petition, in person or by mail, to | ||||||
11 | the minor, if
the
minor is 14 years of age or older, and to the | ||||||
12 | parties to the juvenile court
proceeding.
Notice shall be | ||||||
13 | provided at least 3 court days in advance of the hearing
date.
| ||||||
14 | (3.5) Whenever a petition is filed to reinstate wardship | ||||||
15 | pursuant to subsection (1), prior to granting the
petition, | ||||||
16 | the court may order the Department of Children and Family | ||||||
17 | Services to assess the minor's current
and proposed living | ||||||
18 | arrangements and to provide ongoing monitoring of the health, | ||||||
19 | safety, and best interest
of the minor during the pendency of | ||||||
20 | the petition to assist the court in making that determination. | ||||||
21 | (4) A minor who is the subject of a petition to reinstate | ||||||
22 | wardship under this Section shall be provided with | ||||||
23 | representation in accordance with Sections 1-5 and 2-17 of | ||||||
24 | this Act. | ||||||
25 | (5) Whenever a minor is committed to the Department of | ||||||
26 | Children and Family Services for care and services following |
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| |||||||
1 | the reinstatement of wardship under this Section, the | ||||||
2 | Department shall: | ||||||
3 | (a) Within 30 days of such commitment, prepare and | ||||||
4 | file with the court a case plan which complies with the | ||||||
5 | federal Adoption Assistance and Child Welfare Act of 1980 | ||||||
6 | and is consistent with the health, safety and best | ||||||
7 | interests of the minor; and | ||||||
8 | (b) Promptly refer the minor for such services as are | ||||||
9 | necessary and consistent with the minor's health, safety | ||||||
10 | and best interests. | ||||||
11 | (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
| ||||||
12 | (705 ILCS 405/2-34) | ||||||
13 | Sec. 2-34. Motion to reinstate parental rights. | ||||||
14 | (1) For purposes of this subsection (1), the term "parent" | ||||||
15 | refers to the person or persons whose rights were terminated | ||||||
16 | as described in paragraph (a) of this subsection; and the term | ||||||
17 | "minor" means a person under the age of 23 21 years subject to | ||||||
18 | this Act for whom the Department of Children and Family | ||||||
19 | Services Guardianship Administrator is appointed the temporary | ||||||
20 | custodian or guardian. | ||||||
21 | A motion to reinstate parental rights may be filed only by | ||||||
22 | the Department of Children and Family Services or the minor | ||||||
23 | regarding any minor who is presently a ward of the court under | ||||||
24 | Article II of this Act when all the conditions set out in | ||||||
25 | paragraphs (a), (b), (c), (d), (e), (f), and (g) of this |
| |||||||
| |||||||
1 | subsection (1) are met: | ||||||
2 | (a) while the minor was under the jurisdiction of the | ||||||
3 | court under Article II of this Act, the minor's parent or | ||||||
4 | parents surrendered the minor for adoption to an agency | ||||||
5 | legally authorized to place children for adoption, or the | ||||||
6 | minor's parent or parents consented to his or her | ||||||
7 | adoption, or the minor's parent or parents consented to | ||||||
8 | his or her adoption by a specified person or persons, or | ||||||
9 | the parent or parents' rights were terminated pursuant to | ||||||
10 | a finding of unfitness pursuant to Section 2-29 of this | ||||||
11 | Act and a guardian was appointed with the power to consent | ||||||
12 | to adoption pursuant to Section 2-29 of this Act; and | ||||||
13 | (b) (i) since the signing of the surrender, the | ||||||
14 | signing of the consent, or the unfitness finding, the | ||||||
15 | minor has remained a ward of the Court under Article II of | ||||||
16 | this Act; or | ||||||
17 | (ii) the minor was made a ward of the Court, the minor | ||||||
18 | was placed in the private guardianship of an individual or | ||||||
19 | individuals, and after the appointment of a private | ||||||
20 | guardian and a new petition alleging abuse, neglect, or | ||||||
21 | dependency pursuant to Section 2-3 or 2-4 is filed, and | ||||||
22 | the minor is again found by the court to be abused, | ||||||
23 | neglected or dependent; or a supplemental petition to | ||||||
24 | reinstate wardship is filed pursuant to Section 2-33, and | ||||||
25 | the court reinstates wardship; or | ||||||
26 | (iii) the minor was made a ward of the Court, wardship |
| |||||||
| |||||||
1 | was terminated after the minor was adopted, after the | ||||||
2 | adoption a new petition alleging abuse, neglect, or | ||||||
3 | dependency pursuant to Section 2-3 or 2-4 is filed, and | ||||||
4 | the minor is again found by the court to be abused, | ||||||
5 | neglected, or dependent, and either (i) the adoptive | ||||||
6 | parent or parents are deceased, (ii) the adoptive parent | ||||||
7 | or parents signed a surrender of parental rights, or (iii) | ||||||
8 | the parental rights of the adoptive parent or parents were | ||||||
9 | terminated; | ||||||
10 | (c) the minor is not currently in a placement likely | ||||||
11 | to achieve permanency; | ||||||
12 | (d) it is in the minor's best interest that parental | ||||||
13 | rights be reinstated; | ||||||
14 | (e) the parent named in the motion wishes parental | ||||||
15 | rights to be reinstated and is currently appropriate to | ||||||
16 | have rights reinstated; | ||||||
17 | (f) more than 3 years have lapsed since the signing of | ||||||
18 | the consent or surrender, or the entry of the order | ||||||
19 | appointing a guardian with the power to consent to | ||||||
20 | adoption; | ||||||
21 | (g) (i) the child is 13 years of age or older or (ii) | ||||||
22 | the child is the younger sibling of such child, 13 years of | ||||||
23 | age or older, for whom reinstatement of parental rights is | ||||||
24 | being sought and the younger sibling independently meets | ||||||
25 | the criteria set forth in paragraphs (a) through (h) of | ||||||
26 | this subsection; and |
| |||||||
| |||||||
1 | (h) if the court has previously denied a motion to | ||||||
2 | reinstate parental rights filed by the Department, there | ||||||
3 | has been a substantial change in circumstances following | ||||||
4 | the denial of the earlier motion. | ||||||
5 | (2) The motion may be filed only by the Department of | ||||||
6 | Children and Family Services or by the minor. Unless excused | ||||||
7 | by the court for good cause shown, the movant shall give notice | ||||||
8 | of the time and place of the hearing on the motion, in person | ||||||
9 | or by mail, to the parties to the juvenile court proceeding. | ||||||
10 | Notice shall be provided at least 14 days in advance of the | ||||||
11 | hearing date. The motion shall include the allegations | ||||||
12 | required in subsection (1) of this Section. | ||||||
13 | (3) Any party may file a motion to dismiss the motion with | ||||||
14 | prejudice on the basis that the parent has intentionally acted | ||||||
15 | to prevent the child from being adopted, after parental rights | ||||||
16 | were terminated or the parent intentionally acted to disrupt | ||||||
17 | the child's adoption. If the court finds by a
preponderance of | ||||||
18 | the evidence that the parent has intentionally acted to | ||||||
19 | prevent the child from being adopted, after parental rights | ||||||
20 | were terminated or that the parent intentionally acted
to | ||||||
21 | disrupt the child's adoption, the court shall dismiss the | ||||||
22 | petition with prejudice. | ||||||
23 | (4) The court shall not grant a motion for reinstatement | ||||||
24 | of parental rights unless the court finds that the motion is | ||||||
25 | supported by clear and convincing evidence. In ruling on a | ||||||
26 | motion to reinstate parental rights, the court shall make |
| |||||||
| |||||||
1 | findings consistent with the requirements in subsection (1) of | ||||||
2 | this Section. The court shall consider the reasons why the | ||||||
3 | child was initially brought to the attention of the court, the | ||||||
4 | history of the child's case as it relates to the parent seeking | ||||||
5 | reinstatement, and the current circumstances of the parent for | ||||||
6 | whom reinstatement of rights is sought. If reinstatement is | ||||||
7 | being considered subsequent to a finding of unfitness pursuant | ||||||
8 | to Section 2-29 of this Act having been entered with respect to | ||||||
9 | the parent whose rights are being restored, the court in | ||||||
10 | determining the minor's best interest shall consider, in | ||||||
11 | addition to the factors set forth in paragraph (4.05) of | ||||||
12 | Section 1-3 of this Act, the specific grounds upon which the | ||||||
13 | unfitness findings were made. Upon the entry of an order | ||||||
14 | granting a motion to reinstate parental rights, parental | ||||||
15 | rights of the parent named in the order shall be reinstated, | ||||||
16 | any previous order appointing a guardian with the power to | ||||||
17 | consent to adoption shall be void and with respect to the | ||||||
18 | parent named in the order, any consent shall be void. | ||||||
19 | (5) If the case is post-disposition, the court, upon the | ||||||
20 | entry of an order granting a motion to reinstate parental | ||||||
21 | rights, shall schedule the matter for a permanency hearing | ||||||
22 | pursuant to Section 2-28 of this Act within 45 days. | ||||||
23 | (6) Custody of the minor shall not be restored to the | ||||||
24 | parent, except by order of court pursuant to subsection (4) of | ||||||
25 | Section 2-28 of this Act. | ||||||
26 | (7) In any case involving a child over the age of 13 who |
| |||||||
| |||||||
1 | meets the criteria established in this Section for | ||||||
2 | reinstatement of parental rights, the Department of Children | ||||||
3 | and Family Services shall conduct an assessment of the child's | ||||||
4 | circumstances to assist in future planning for the child, | ||||||
5 | including, but not limited to a determination regarding the | ||||||
6 | appropriateness of filing a motion to reinstate parental | ||||||
7 | rights. | ||||||
8 | (8) (Blank).
| ||||||
9 | (Source: P.A. 98-477, eff. 8-16-13.)
|