SB4233 102ND GENERAL ASSEMBLY

LRB102 29092 KTG 41025 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4233

Introduced 11/14/2022, by Sen. Ann Gillespie

SYNOPSIS AS INTRODUCED:

20 ILCS 505/45 new
30 ILCS 105/5.990 new
30 ILCS 105/8.27	from Ch. 127, par. 144.27

Amends the Children and Family Services Act. Requires the Department of Children and Family Services to seek federal reimbursements under Title IV-E of the Social Security Act for administrative costs associated with the provision of independent legal representation to foster children, and children who qualify for foster care, and their parents. Requires any federal reimbursements the Department receives for the purposes of the amendatory Act to be deposited into the Due Process for Youth and Families Fund. Provides that, subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by law practitioners and organizations that provide services as a child's lawyer or a respondent's lawyer as those terms are defined under the amendatory Act. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of the amendatory Act. Amends the State Finance Act. Creates the Due Process for Youth and Families Fund as a special fund in the State treasury. Provides that all receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Children and Family Services Act is amended by adding Section 45 as follows:

(20 ILCS 505/45 new)

Sec. 45. Title IV-E funds for legal services to foster youth and families.

(a) Findings and purpose. The General Assembly finds the following:

(1) Child welfare court proceedings are serious and life changing. Children and youth are subject to court decisions that may forever change their family composition, as well as their connections to culture and heritage.

(2) The gravity of child welfare proceedings and the rights and liabilities at stake necessitate the provision of quality legal representation for children and youth throughout the duration of child welfare proceedings.

(3) Legal representation serves to protect and advance the interests of children and youth in court and provides confidential attorney-client privilege to ensure children feel safe sharing with attorneys information that otherwise may go unvoiced.

(4) As the agency responsible for administering the State's approved Title IV-E State Plan, the Department of Children and Family Services is the only State agency with the authority to seek federal matching funds under Title IV-E of the Social Security Act for children who are candidates for foster care, children who are in foster care, and parents who are participating in foster care legal proceedings.

(5) It is the intent of the General Assembly to ensure the Department leverages and maximizes federal resources to support the provision of quality legal representation to children and families to improve outcomes in the child welfare system.

(b) Definitions. As used in this Section:

"Child's lawyer" means a lawyer who is appointed by the court to serve as a child's lawyer in a proceeding pending under Article II of the Juvenile Court Act of 1987 in accordance with the duties prescribed by State statute, court rules, standards of practice, and the Illinois Rules of Professional Conduct, including, but not limited to, diligence, communication, confidentiality, and the responsibilities to zealously assert the client's position under the rules of the adversary system and to abide by the client's decisions concerning the objectives of representation, as provided for in the Illinois Rules of Professional Conduct.

"Respondent's lawyer" means a lawyer who provides legal representation to a parent, guardian, legal custodian, or responsible relative who is named as a party-respondent in a proceeding pending under Article II of the Juvenile Court Act of 1987 in accordance with the duties prescribed by State statute, court rules, standards of practice, and the Illinois Rules of Professional Conduct, including, but not limited to, diligence, communication, confidentiality, and the responsibilities to zealously assert the client's position under the rules of the adversary system and to abide by the client's decisions concerning the objectives of representation, as provided for in the Illinois Rules of Professional Conduct.

(c) The Department shall pursue claiming Title IV-E administrative costs for independent legal representation by an attorney for a child who is a candidate for Title IV-E foster care, or who is in foster care, and the child's parent to prepare for and participate in all stages of foster care legal proceedings. Federal reimbursements for these administrative costs must be deposited into the Due Process for Youth and Families Fund created under subsection (d).

(d) The Due Process for Youth and Families Fund is created as a special fund in the State treasury. The Fund shall consist of any moneys appropriated to the Department from federal Title IV-E reimbursements for administrative costs as described in subsection (c) and any other moneys deposited into the Fund in accordance with this Section. Subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by organizations or law practitioners that provide services as a child's lawyer or respondent's lawyer as those terms are defined in subsection (b) and for no other purpose. All interest earned on moneys in the Fund shall be deposited into the Fund. The Department and the State Treasurer may accept funds as provided under Title IV-E of the Social Security Act for deposit into the Fund. Annual requests for appropriations for the purpose of providing independent legal representation under this Section shall be made in separate and distinct line-items.

(e) Units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of this Section.

Section 10. The State Finance Act is amended by changing Section 8.27 and by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Due Process for Youth and Families Fund.

(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)

Sec. 8.27. All receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into in the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act.

Beginning on July 20, 2010 (the effective date of Public Act 96-1127), any funds paid to the State by the federal government under Title XIX and Title XXI of the Social Security Act for child welfare services delivered by community mental health providers, certified and paid as Medicaid providers by the Department of Children and Family Services, for child welfare services relating to Medicaid-eligible clients and families served consistent with the purposes of the Department of Children and Family Services, including services delivered as a result of the conversion of such providers from a comprehensive rate to a fee-for-service payment methodology, and any subsequent revenue maximization initiatives performed by such providers, and any interest earned thereon, shall be deposited directly into the DCFS Children's Services Fund. Such funds shall be used for the provision of child welfare services provided to eligible individuals identified by the Department of Children and Family Services. Child welfare services are defined in Section 5 of the Children and Family Services Act.

All receipts from federal financial participation in the Child Welfare Services program under Title IV-B of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund for those moneys received as reimbursement for services provided on or after July 1, 1994.

For services provided on or after July 1, 2007, all federal funds received pursuant to the John H. Chafee Foster Care Independence Program shall be deposited into the DCFS Children's Services Fund.

Except as otherwise provided in this Section, moneys in the Fund may be used by the Department, pursuant to appropriation by the General Assembly, for the ordinary and contingent expenses of the Department.

In accordance with subsection (q) of Section 5 of the Children and Family Services Act, disbursements from individual children's accounts shall be deposited into the DCFS Children's Services Fund.

Receipts from public and unsolicited private grants, fees for training, and royalties earned from the publication of materials owned by or licensed to the Department of Children and Family Services shall be deposited into the DCFS Children's Services Fund.

(Source: P.A. 102-1071, eff. 6-10-22.)

Section 99. Effective date. This Act takes effect upon becoming law.