Sen. Sara Feigenholtz
Filed: 3/16/2023
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1 | AMENDMENT TO SENATE BILL 724
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2 | AMENDMENT NO. ______. Amend Senate Bill 724 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Interagency Children's Behavioral Health Services Act. | ||||||
6 | Section 5. Children's Behavioral Health Transformation | ||||||
7 | Initiative. This Act establishes a Children's Behavioral | ||||||
8 | Health Transformation Officer. The Officer shall lead the | ||||||
9 | State's comprehensive, interagency effort to ensure that youth | ||||||
10 | with significant and complex behavioral health needs receive | ||||||
11 | appropriate community and residential services and that the | ||||||
12 | State-supported system is transparent and easier for youth and | ||||||
13 | their families to navigate. The Officer shall serve as a | ||||||
14 | policymaker and spokesperson on children's behavioral health, | ||||||
15 | including coordinating the interagency effort through | ||||||
16 | legislation, rules, and budgets and communicating with the |
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1 | General Assembly and federal and local leaders on these | ||||||
2 | critical issues. | ||||||
3 | An Interagency Children's Behavioral Health Services Team | ||||||
4 | is established to find appropriate services, residential | ||||||
5 | treatment, and support for children identified by each | ||||||
6 | participating agency as requiring enhanced agency | ||||||
7 | collaboration to identify and obtain treatment in a | ||||||
8 | residential setting. Responsibilities of each participating | ||||||
9 | agency shall be outlined in an interagency agreement between | ||||||
10 | all the relevant State agencies. | ||||||
11 | Section 10. Interagency agreement. In order to establish | ||||||
12 | the Interagency Children's Behavioral Health Services Team, | ||||||
13 | within 90 days after the effective date of this Act, the | ||||||
14 | Department of Children of Family Services, the Department of | ||||||
15 | Human Services, the Department of Healthcare and Family | ||||||
16 | Services, the Illinois State Board of Education, the | ||||||
17 | Department of Juvenile Justice, and the Department of Public | ||||||
18 | Health shall enter into an interagency agreement for the | ||||||
19 | purpose of establishing the roles and responsibilities of each | ||||||
20 | participating agency. | ||||||
21 | The interagency agreement, among other things, shall | ||||||
22 | address all of the following: | ||||||
23 | (1) Require each participating agency to assign staff | ||||||
24 | to the Interagency Children's Behavioral Health Services | ||||||
25 | Team who have operational knowledge of and decision-making |
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1 | authority over the agency's children's behavioral health | ||||||
2 | programs and services. | ||||||
3 | (2) Require each agency to identify children who meet | ||||||
4 | any of these criteria: | ||||||
5 | (A) have been clinically approved for residential | ||||||
6 | services through any of their existing programs but | ||||||
7 | have not been admitted to an appropriate program | ||||||
8 | within 120 days of their approval for residential | ||||||
9 | treatment; | ||||||
10 | (B) have been in a hospital emergency department | ||||||
11 | seeking treatment for psychiatric or behavioral health | ||||||
12 | emergency for more than 72 hours; | ||||||
13 | (C) are in a psychiatric or general acute care | ||||||
14 | hospital for in-patient psychiatric treatment beyond | ||||||
15 | medical necessity for over 30 days; | ||||||
16 | (D) who are at risk of being taken into the custody | ||||||
17 | of the Department of Children and Family Services, and | ||||||
18 | are not otherwise abused or neglected as determined by | ||||||
19 | the Department of Children and Family Services, based | ||||||
20 | on their need for behavioral health services; or | ||||||
21 | (E) other circumstances that require enhanced | ||||||
22 | interagency collaboration to find appropriate services | ||||||
23 | for the child. | ||||||
24 | (3) Require each agency to present each identified | ||||||
25 | child's clinical case, to the extent permitted by State | ||||||
26 | and federal law, to the Interagency Children's Behavioral |
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1 | Health Services Team during regular team meetings to | ||||||
2 | outline the child's needs and to determine if any of the | ||||||
3 | participating agencies have residential or other | ||||||
4 | supportive services that may be available for the child to | ||||||
5 | ensure that the child receives appropriate treatment, | ||||||
6 | including residential treatment if necessary, as soon as | ||||||
7 | possible. | ||||||
8 | (4) Require the Community and Residential Services | ||||||
9 | Authority to notify the Interagency Children's Behavioral | ||||||
10 | Health Services Team of any child that has been referred | ||||||
11 | for services who meet the criteria set forth in paragraph | ||||||
12 | (2) and to present the clinical cases for the child to the | ||||||
13 | interagency team to determine if any agency program can | ||||||
14 | assist the child. | ||||||
15 | (5) Require the participating agencies to develop a | ||||||
16 | quarterly analysis, to be submitted to the General | ||||||
17 | Assembly, the Governor's Office, and the Community and | ||||||
18 | Residential Services Authority including the following | ||||||
19 | information, to the extent permitted by State and federal | ||||||
20 | law: | ||||||
21 | (A) the number of children presented to the team; | ||||||
22 | (B) the children's clinical presentations that | ||||||
23 | required enhanced agency collaboration; | ||||||
24 | (C) the types of services including residential | ||||||
25 | treatment that were needed to appropriately support | ||||||
26 | the aggregate needs of children presented; |
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1 | (D) the timeframe it took to find placement or | ||||||
2 | appropriate services; and | ||||||
3 | (E) any other data or information the Interagency | ||||||
4 | Children's Behavioral Health Services Team deems | ||||||
5 | appropriate. | ||||||
6 | Section 15. The Children and Family Services Act is | ||||||
7 | amended by changing Sections 5 and 17 as follows:
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8 | (20 ILCS 505/5) (from Ch. 23, par. 5005)
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9 | Sec. 5. Direct child welfare services; Department of | ||||||
10 | Children and Family
Services. To provide direct child welfare | ||||||
11 | services when not available
through other public or private | ||||||
12 | child care or program facilities.
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13 | (a) For purposes of this Section:
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14 | (1) "Children" means persons found within the State | ||||||
15 | who are under the
age of 18 years. The term also includes | ||||||
16 | persons under age 21 who:
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17 | (A) were committed to the Department pursuant to | ||||||
18 | the
Juvenile Court Act or the Juvenile Court Act of | ||||||
19 | 1987 and who continue under the jurisdiction of the | ||||||
20 | court; or
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21 | (B) were accepted for care, service and training | ||||||
22 | by
the Department prior to the age of 18 and whose best | ||||||
23 | interest in the
discretion of the Department would be | ||||||
24 | served by continuing that care,
service and training |
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1 | because of severe emotional disturbances, physical
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2 | disability, social adjustment or any combination | ||||||
3 | thereof, or because of the
need to complete an | ||||||
4 | educational or vocational training program.
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5 | (2) "Homeless youth" means persons found within the
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6 | State who are under the age of 19, are not in a safe and | ||||||
7 | stable living
situation and cannot be reunited with their | ||||||
8 | families.
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9 | (3) "Child welfare services" means public social | ||||||
10 | services which are
directed toward the accomplishment of | ||||||
11 | the following purposes:
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12 | (A) protecting and promoting the health, safety | ||||||
13 | and welfare of
children,
including homeless, | ||||||
14 | dependent, or neglected children;
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15 | (B) remedying, or assisting in the solution
of | ||||||
16 | problems which may result in, the neglect, abuse, | ||||||
17 | exploitation, or
delinquency of children;
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18 | (C) preventing the unnecessary separation of | ||||||
19 | children
from their families by identifying family | ||||||
20 | problems, assisting families in
resolving their | ||||||
21 | problems, and preventing the breakup of the family
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22 | where the prevention of child removal is desirable and | ||||||
23 | possible when the
child can be cared for at home | ||||||
24 | without endangering the child's health and
safety;
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25 | (D) restoring to their families children who have | ||||||
26 | been
removed, by the provision of services to the |
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1 | child and the families when the
child can be cared for | ||||||
2 | at home without endangering the child's health and
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3 | safety;
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4 | (E) placing children in suitable adoptive homes, | ||||||
5 | in
cases where restoration to the biological family is | ||||||
6 | not safe, possible, or
appropriate;
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7 | (F) assuring safe and adequate care of children | ||||||
8 | away from their
homes, in cases where the child cannot | ||||||
9 | be returned home or cannot be placed
for adoption. At | ||||||
10 | the time of placement, the Department shall consider
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11 | concurrent planning,
as described in subsection (l-1) | ||||||
12 | of this Section so that permanency may
occur at the | ||||||
13 | earliest opportunity. Consideration should be given so | ||||||
14 | that if
reunification fails or is delayed, the | ||||||
15 | placement made is the best available
placement to | ||||||
16 | provide permanency for the child;
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17 | (G) (blank);
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18 | (H) (blank); and
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19 | (I) placing and maintaining children in facilities | ||||||
20 | that provide
separate living quarters for children | ||||||
21 | under the age of 18 and for children
18 years of age | ||||||
22 | and older, unless a child 18 years of age is in the | ||||||
23 | last
year of high school education or vocational | ||||||
24 | training, in an approved
individual or group treatment | ||||||
25 | program, in a licensed shelter facility,
or secure | ||||||
26 | child care facility.
The Department is not required to |
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1 | place or maintain children:
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2 | (i) who are in a foster home, or
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3 | (ii) who are persons with a developmental | ||||||
4 | disability, as defined in
the Mental
Health and | ||||||
5 | Developmental Disabilities Code, or
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6 | (iii) who are female children who are | ||||||
7 | pregnant, pregnant and
parenting, or parenting, or
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8 | (iv) who are siblings, in facilities that | ||||||
9 | provide separate living quarters for children 18
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10 | years of age and older and for children under 18 | ||||||
11 | years of age.
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12 | (b) (Blank).
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13 | (b-5) The Department shall adopt rules to establish a | ||||||
14 | process for all licensed residential providers in Illinois to | ||||||
15 | submit data as required by the Department, if they contract or | ||||||
16 | receive reimbursement for children's mental health, substance | ||||||
17 | use, and developmental disability services from the Department | ||||||
18 | of Human Services, the Department of Juvenile Justice, or the | ||||||
19 | Department of Healthcare and Family Services. The requested | ||||||
20 | data must include, but is not limited to, capacity, staffing, | ||||||
21 | and occupancy data for the purpose of establishing State need | ||||||
22 | and placement availability. | ||||||
23 | (c) The Department shall establish and maintain | ||||||
24 | tax-supported child
welfare services and extend and seek to | ||||||
25 | improve voluntary services
throughout the State, to the end | ||||||
26 | that services and care shall be available
on an equal basis |
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1 | throughout the State to children requiring such services.
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2 | (d) The Director may authorize advance disbursements for | ||||||
3 | any new program
initiative to any agency contracting with the | ||||||
4 | Department. As a
prerequisite for an advance disbursement, the | ||||||
5 | contractor must post a
surety bond in the amount of the advance | ||||||
6 | disbursement and have a
purchase of service contract approved | ||||||
7 | by the Department. The Department
may pay up to 2 months | ||||||
8 | operational expenses in advance. The amount of the
advance | ||||||
9 | disbursement shall be prorated over the life of the contract
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10 | or the remaining months of the fiscal year, whichever is less, | ||||||
11 | and the
installment amount shall then be deducted from future | ||||||
12 | bills. Advance
disbursement authorizations for new initiatives | ||||||
13 | shall not be made to any
agency after that agency has operated | ||||||
14 | during 2 consecutive fiscal years.
The requirements of this | ||||||
15 | Section concerning advance disbursements shall
not apply with | ||||||
16 | respect to the following: payments to local public agencies
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17 | for child day care services as authorized by Section 5a of this | ||||||
18 | Act; and
youth service programs receiving grant funds under | ||||||
19 | Section 17a-4.
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20 | (e) (Blank).
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21 | (f) (Blank).
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22 | (g) The Department shall establish rules and regulations | ||||||
23 | concerning
its operation of programs designed to meet the | ||||||
24 | goals of child safety and
protection,
family preservation, | ||||||
25 | family reunification, and adoption, including, but not
limited | ||||||
26 | to:
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1 | (1) adoption;
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2 | (2) foster care;
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3 | (3) family counseling;
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4 | (4) protective services;
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5 | (5) (blank);
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6 | (6) homemaker service;
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7 | (7) return of runaway children;
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8 | (8) (blank);
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9 | (9) placement under Section 5-7 of the Juvenile Court | ||||||
10 | Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile | ||||||
11 | Court Act of 1987 in
accordance with the federal Adoption | ||||||
12 | Assistance and Child Welfare Act of
1980; and
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13 | (10) interstate services.
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14 | Rules and regulations established by the Department shall | ||||||
15 | include
provisions for training Department staff and the staff | ||||||
16 | of Department
grantees, through contracts with other agencies | ||||||
17 | or resources, in screening techniques to identify substance | ||||||
18 | use disorders, as defined in the Substance Use Disorder Act, | ||||||
19 | approved by the Department of Human
Services, as a successor | ||||||
20 | to the Department of Alcoholism and Substance Abuse,
for the | ||||||
21 | purpose of identifying children and adults who
should be | ||||||
22 | referred for an assessment at an organization appropriately | ||||||
23 | licensed by the Department of Human Services for substance use | ||||||
24 | disorder treatment.
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25 | (h) If the Department finds that there is no appropriate | ||||||
26 | program or
facility within or available to the Department for |
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1 | a youth in care and that no
licensed private facility has an | ||||||
2 | adequate and appropriate program or none
agrees to accept the | ||||||
3 | youth in care, the Department shall create an appropriate
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4 | individualized, program-oriented plan for such youth in care. | ||||||
5 | The
plan may be developed within the Department or through | ||||||
6 | purchase of services
by the Department to the extent that it is | ||||||
7 | within its statutory authority
to do.
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8 | (i) Service programs shall be available throughout the | ||||||
9 | State and shall
include but not be limited to the following | ||||||
10 | services:
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11 | (1) case management;
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12 | (2) homemakers;
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13 | (3) counseling;
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14 | (4) parent education;
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15 | (5) day care; and
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16 | (6) emergency assistance and advocacy.
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17 | In addition, the following services may be made available | ||||||
18 | to assess and
meet the needs of children and families:
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19 | (1) comprehensive family-based services;
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20 | (2) assessments;
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21 | (3) respite care; and
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22 | (4) in-home health services.
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23 | The Department shall provide transportation for any of the | ||||||
24 | services it
makes available to children or families or for | ||||||
25 | which it refers children
or families.
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26 | (j) The Department may provide categories of financial |
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1 | assistance and
education assistance grants, and shall
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2 | establish rules and regulations concerning the assistance and | ||||||
3 | grants, to
persons who
adopt children with physical or mental | ||||||
4 | disabilities, children who are older, or other hard-to-place
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5 | children who (i) immediately prior to their adoption were | ||||||
6 | youth in care or (ii) were determined eligible for financial | ||||||
7 | assistance with respect to a
prior adoption and who become | ||||||
8 | available for adoption because the
prior adoption has been | ||||||
9 | dissolved and the parental rights of the adoptive
parents have | ||||||
10 | been
terminated or because the child's adoptive parents have | ||||||
11 | died.
The Department may continue to provide financial | ||||||
12 | assistance and education assistance grants for a child who was | ||||||
13 | determined eligible for financial assistance under this | ||||||
14 | subsection (j) in the interim period beginning when the | ||||||
15 | child's adoptive parents died and ending with the finalization | ||||||
16 | of the new adoption of the child by another adoptive parent or | ||||||
17 | parents. The Department may also provide categories of | ||||||
18 | financial
assistance and education assistance grants, and
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19 | shall establish rules and regulations for the assistance and | ||||||
20 | grants, to persons
appointed guardian of the person under | ||||||
21 | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||||||
22 | 4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||||||
23 | who were youth in care for 12 months immediately
prior to the | ||||||
24 | appointment of the guardian.
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25 | The amount of assistance may vary, depending upon the | ||||||
26 | needs of the child
and the adoptive parents,
as set forth in |
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1 | the annual
assistance agreement. Special purpose grants are | ||||||
2 | allowed where the child
requires special service but such | ||||||
3 | costs may not exceed the amounts
which similar services would | ||||||
4 | cost the Department if it were to provide or
secure them as | ||||||
5 | guardian of the child.
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6 | Any financial assistance provided under this subsection is
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7 | inalienable by assignment, sale, execution, attachment, | ||||||
8 | garnishment, or any
other remedy for recovery or collection of | ||||||
9 | a judgment or debt.
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10 | (j-5) The Department shall not deny or delay the placement | ||||||
11 | of a child for
adoption
if an approved family is available | ||||||
12 | either outside of the Department region
handling the case,
or | ||||||
13 | outside of the State of Illinois.
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14 | (k) The Department shall accept for care and training any | ||||||
15 | child who has
been adjudicated neglected or abused, or | ||||||
16 | dependent committed to it pursuant
to the Juvenile Court Act | ||||||
17 | or the Juvenile Court Act of 1987.
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18 | (l) The Department shall
offer family preservation | ||||||
19 | services, as defined in Section 8.2 of the Abused
and
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20 | Neglected Child
Reporting Act, to help families, including | ||||||
21 | adoptive and extended families.
Family preservation
services | ||||||
22 | shall be offered (i) to prevent the
placement
of children in
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23 | substitute care when the children can be cared for at home or | ||||||
24 | in the custody of
the person
responsible for the children's | ||||||
25 | welfare,
(ii) to
reunite children with their families, or | ||||||
26 | (iii) to
maintain an adoptive placement. Family preservation |
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1 | services shall only be
offered when doing so will not endanger | ||||||
2 | the children's health or safety. With
respect to children who | ||||||
3 | are in substitute care pursuant to the Juvenile Court
Act of | ||||||
4 | 1987, family preservation services shall not be offered if a | ||||||
5 | goal other
than those of subdivisions (A), (B), or (B-1) of | ||||||
6 | subsection (2) of Section 2-28
of
that Act has been set, except | ||||||
7 | that reunification services may be offered as provided in | ||||||
8 | paragraph (F) of subsection (2) of Section 2-28 of that Act.
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9 | Nothing in this paragraph shall be construed to create a | ||||||
10 | private right of
action or claim on the part of any individual | ||||||
11 | or child welfare agency, except that when a child is the | ||||||
12 | subject of an action under Article II of the Juvenile Court Act | ||||||
13 | of 1987 and the child's service plan calls for services to | ||||||
14 | facilitate achievement of the permanency goal, the court | ||||||
15 | hearing the action under Article II of the Juvenile Court Act | ||||||
16 | of 1987 may order the Department to provide the services set | ||||||
17 | out in the plan, if those services are not provided with | ||||||
18 | reasonable promptness and if those services are available.
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19 | The Department shall notify the child and his family of | ||||||
20 | the
Department's
responsibility to offer and provide family | ||||||
21 | preservation services as
identified in the service plan. The | ||||||
22 | child and his family shall be eligible
for services as soon as | ||||||
23 | the report is determined to be "indicated". The
Department may | ||||||
24 | offer services to any child or family with respect to whom a
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25 | report of suspected child abuse or neglect has been filed, | ||||||
26 | prior to
concluding its investigation under Section 7.12 of |
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1 | the Abused and Neglected
Child Reporting Act. However, the | ||||||
2 | child's or family's willingness to
accept services shall not | ||||||
3 | be considered in the investigation. The
Department may also | ||||||
4 | provide services to any child or family who is the
subject of | ||||||
5 | any report of suspected child abuse or neglect or may refer | ||||||
6 | such
child or family to services available from other agencies | ||||||
7 | in the community,
even if the report is determined to be | ||||||
8 | unfounded, if the conditions in the
child's or family's home | ||||||
9 | are reasonably likely to subject the child or
family to future | ||||||
10 | reports of suspected child abuse or neglect. Acceptance
of | ||||||
11 | such services shall be voluntary. The Department may also | ||||||
12 | provide services to any child or family after completion of a | ||||||
13 | family assessment, as an alternative to an investigation, as | ||||||
14 | provided under the "differential response program" provided | ||||||
15 | for in subsection (a-5) of Section 7.4 of the Abused and | ||||||
16 | Neglected Child Reporting Act.
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17 | The Department may, at its discretion except for those | ||||||
18 | children also
adjudicated neglected or dependent, accept for | ||||||
19 | care and training any child
who has been adjudicated addicted, | ||||||
20 | as a truant minor in need of
supervision or as a minor | ||||||
21 | requiring authoritative intervention, under the
Juvenile Court | ||||||
22 | Act or the Juvenile Court Act of 1987, but no such child
shall | ||||||
23 | be committed to the Department by any court without the | ||||||
24 | approval of
the Department. On and after January 1, 2015 (the | ||||||
25 | effective date of Public Act 98-803) and before January 1, | ||||||
26 | 2017, a minor charged with a criminal offense under the |
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1 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
2 | adjudicated delinquent shall not be placed in the custody of | ||||||
3 | or
committed to the Department by any court, except (i) a minor | ||||||
4 | less than 16 years
of age committed to the Department under | ||||||
5 | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||||||
6 | for whom an independent basis of abuse, neglect, or dependency | ||||||
7 | exists, which must be defined by departmental rule, or (iii) a | ||||||
8 | minor for whom the court has granted a supplemental petition | ||||||
9 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
10 | 2-33 of the Juvenile Court Act of 1987. On and after January 1, | ||||||
11 | 2017, a minor charged with a criminal offense under the | ||||||
12 | Criminal
Code of 1961 or the Criminal Code of 2012 or | ||||||
13 | adjudicated delinquent shall not be placed in the custody of | ||||||
14 | or
committed to the Department by any court, except (i) a minor | ||||||
15 | less than 15 years
of age committed to the Department under | ||||||
16 | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||||||
17 | for whom an independent basis of abuse, neglect, or dependency | ||||||
18 | exists, which must be defined by departmental rule, or (iii) a | ||||||
19 | minor for whom the court has granted a supplemental petition | ||||||
20 | to reinstate wardship pursuant to subsection (2) of Section | ||||||
21 | 2-33 of the Juvenile Court Act of 1987. An independent basis | ||||||
22 | exists when the allegations or adjudication of abuse, neglect, | ||||||
23 | or dependency do not arise from the same facts, incident, or | ||||||
24 | circumstances which give rise to a charge or adjudication of | ||||||
25 | delinquency. The Department shall
assign a caseworker to | ||||||
26 | attend any hearing involving a youth in
the care and custody of |
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1 | the Department who is placed on aftercare release, including | ||||||
2 | hearings
involving sanctions for violation of aftercare | ||||||
3 | release
conditions and aftercare release revocation hearings.
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4 | As soon as is possible after August 7, 2009 (the effective | ||||||
5 | date of Public Act 96-134), the Department shall develop and | ||||||
6 | implement a special program of family preservation services to | ||||||
7 | support intact, foster, and adoptive families who are | ||||||
8 | experiencing extreme hardships due to the difficulty and | ||||||
9 | stress of caring for a child who has been diagnosed with a | ||||||
10 | pervasive developmental disorder if the Department determines | ||||||
11 | that those services are necessary to ensure the health and | ||||||
12 | safety of the child. The Department may offer services to any | ||||||
13 | family whether or not a report has been filed under the Abused | ||||||
14 | and Neglected Child Reporting Act. The Department may refer | ||||||
15 | the child or family to services available from other agencies | ||||||
16 | in the community if the conditions in the child's or family's | ||||||
17 | home are reasonably likely to subject the child or family to | ||||||
18 | future reports of suspected child abuse or neglect. Acceptance | ||||||
19 | of these services shall be voluntary. The Department shall | ||||||
20 | develop and implement a public information campaign to alert | ||||||
21 | health and social service providers and the general public | ||||||
22 | about these special family preservation services. The nature | ||||||
23 | and scope of the services offered and the number of families | ||||||
24 | served under the special program implemented under this | ||||||
25 | paragraph shall be determined by the level of funding that the | ||||||
26 | Department annually allocates for this purpose. The term |
| |||||||
| |||||||
1 | "pervasive developmental disorder" under this paragraph means | ||||||
2 | a neurological condition, including, but not limited to, | ||||||
3 | Asperger's Syndrome and autism, as defined in the most recent | ||||||
4 | edition of the Diagnostic and Statistical Manual of Mental | ||||||
5 | Disorders of the American Psychiatric Association. | ||||||
6 | (l-1) The legislature recognizes that the best interests | ||||||
7 | of the child
require that
the child be placed in the most | ||||||
8 | permanent living arrangement as soon as is
practically
| ||||||
9 | possible. To achieve this goal, the legislature directs the | ||||||
10 | Department of
Children and
Family Services to conduct | ||||||
11 | concurrent planning so that permanency may occur at
the
| ||||||
12 | earliest opportunity. Permanent living arrangements may | ||||||
13 | include prevention of
placement of a child outside the home of | ||||||
14 | the family when the child can be cared
for at
home without | ||||||
15 | endangering the child's health or safety; reunification with | ||||||
16 | the
family,
when safe and appropriate, if temporary placement | ||||||
17 | is necessary; or movement of
the child
toward the most | ||||||
18 | permanent living arrangement and permanent legal status.
| ||||||
19 | When determining reasonable efforts to be made with | ||||||
20 | respect to a child, as
described in this
subsection, and in | ||||||
21 | making such reasonable efforts, the child's health and
safety | ||||||
22 | shall be the
paramount concern.
| ||||||
23 | When a child is placed in foster care, the Department | ||||||
24 | shall ensure and
document that reasonable efforts were made to | ||||||
25 | prevent or eliminate the need to
remove the child from the | ||||||
26 | child's home. The Department must make
reasonable efforts to |
| |||||||
| |||||||
1 | reunify the family when temporary placement of the child
| ||||||
2 | occurs
unless otherwise required, pursuant to the Juvenile | ||||||
3 | Court Act of 1987.
At any time after the dispositional hearing | ||||||
4 | where the Department believes
that further reunification | ||||||
5 | services would be ineffective, it may request a
finding from | ||||||
6 | the court that reasonable efforts are no longer appropriate. | ||||||
7 | The
Department is not required to provide further | ||||||
8 | reunification services after such
a
finding.
| ||||||
9 | A decision to place a child in substitute care shall be | ||||||
10 | made with
considerations of the child's health, safety, and | ||||||
11 | best interests. At the
time of placement, consideration should | ||||||
12 | also be given so that if reunification
fails or is delayed, the | ||||||
13 | placement made is the best available placement to
provide | ||||||
14 | permanency for the child.
| ||||||
15 | The Department shall adopt rules addressing concurrent | ||||||
16 | planning for
reunification and permanency. The Department | ||||||
17 | shall consider the following
factors when determining | ||||||
18 | appropriateness of concurrent planning:
| ||||||
19 | (1) the likelihood of prompt reunification;
| ||||||
20 | (2) the past history of the family;
| ||||||
21 | (3) the barriers to reunification being addressed by | ||||||
22 | the family;
| ||||||
23 | (4) the level of cooperation of the family;
| ||||||
24 | (5) the foster parents' willingness to work with the | ||||||
25 | family to reunite;
| ||||||
26 | (6) the willingness and ability of the foster family |
| |||||||
| |||||||
1 | to provide an
adoptive
home or long-term placement;
| ||||||
2 | (7) the age of the child;
| ||||||
3 | (8) placement of siblings.
| ||||||
4 | (m) The Department may assume temporary custody of any | ||||||
5 | child if:
| ||||||
6 | (1) it has received a written consent to such | ||||||
7 | temporary custody
signed by the parents of the child or by | ||||||
8 | the parent having custody of the
child if the parents are | ||||||
9 | not living together or by the guardian or
custodian of the | ||||||
10 | child if the child is not in the custody of either
parent, | ||||||
11 | or
| ||||||
12 | (2) the child is found in the State and neither a | ||||||
13 | parent,
guardian nor custodian of the child can be | ||||||
14 | located.
| ||||||
15 | If the child is found in his or her residence without a parent, | ||||||
16 | guardian,
custodian, or responsible caretaker, the Department | ||||||
17 | may, instead of removing
the child and assuming temporary | ||||||
18 | custody, place an authorized
representative of the Department | ||||||
19 | in that residence until such time as a
parent, guardian, or | ||||||
20 | custodian enters the home and expresses a willingness
and | ||||||
21 | apparent ability to ensure the child's health and safety and | ||||||
22 | resume
permanent
charge of the child, or until a
relative | ||||||
23 | enters the home and is willing and able to ensure the child's | ||||||
24 | health
and
safety and assume charge of the
child until a | ||||||
25 | parent, guardian, or custodian enters the home and expresses
| ||||||
26 | such willingness and ability to ensure the child's safety and |
| |||||||
| |||||||
1 | resume
permanent charge. After a caretaker has remained in the | ||||||
2 | home for a period not
to exceed 12 hours, the Department must | ||||||
3 | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||||||
4 | 5-415 of the Juvenile Court Act
of 1987.
| ||||||
5 | The Department shall have the authority, responsibilities | ||||||
6 | and duties that
a legal custodian of the child would have | ||||||
7 | pursuant to subsection (9) of
Section 1-3 of the Juvenile | ||||||
8 | Court Act of 1987. Whenever a child is taken
into temporary | ||||||
9 | custody pursuant to an investigation under the Abused and
| ||||||
10 | Neglected Child Reporting Act, or pursuant to a referral and | ||||||
11 | acceptance
under the Juvenile Court Act of 1987 of a minor in | ||||||
12 | limited custody, the
Department, during the period of | ||||||
13 | temporary custody and before the child
is brought before a | ||||||
14 | judicial officer as required by Section 2-9, 3-11,
4-8, or | ||||||
15 | 5-415 of the Juvenile Court Act of 1987, shall have
the | ||||||
16 | authority, responsibilities and duties that a legal custodian | ||||||
17 | of the child
would have under subsection (9) of Section 1-3 of | ||||||
18 | the Juvenile Court Act of
1987.
| ||||||
19 | The Department shall ensure that any child taken into | ||||||
20 | custody
is scheduled for an appointment for a medical | ||||||
21 | examination.
| ||||||
22 | A parent, guardian, or custodian of a child in the | ||||||
23 | temporary custody of the
Department who would have custody of | ||||||
24 | the child if he were not in the
temporary custody of the | ||||||
25 | Department may deliver to the Department a signed
request that | ||||||
26 | the Department surrender the temporary custody of the child.
|
| |||||||
| |||||||
1 | The Department may retain temporary custody of the child for | ||||||
2 | 10 days after
the receipt of the request, during which period | ||||||
3 | the Department may cause to
be filed a petition pursuant to the | ||||||
4 | Juvenile Court Act of 1987. If a
petition is so filed, the | ||||||
5 | Department shall retain temporary custody of the
child until | ||||||
6 | the court orders otherwise. If a petition is not filed within
| ||||||
7 | the 10-day period, the child shall be surrendered to the | ||||||
8 | custody of the
requesting parent, guardian, or custodian not | ||||||
9 | later than the expiration of
the 10-day period, at which time | ||||||
10 | the authority and duties of the Department
with respect to the | ||||||
11 | temporary custody of the child shall terminate.
| ||||||
12 | (m-1) The Department may place children under 18 years of | ||||||
13 | age in a secure
child care facility licensed by the Department | ||||||
14 | that cares for children who are
in need of secure living | ||||||
15 | arrangements for their health, safety, and well-being
after a | ||||||
16 | determination is made by the facility director and the | ||||||
17 | Director or the
Director's designate prior to admission to the | ||||||
18 | facility subject to Section
2-27.1 of the Juvenile Court Act | ||||||
19 | of 1987. This subsection (m-1) does not apply
to a child who is | ||||||
20 | subject to placement in a correctional facility operated
| ||||||
21 | pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||||||
22 | unless the
child is a youth in care who was placed in the care | ||||||
23 | of the Department before being
subject to placement in a | ||||||
24 | correctional facility and a court of competent
jurisdiction | ||||||
25 | has ordered placement of the child in a secure care facility.
| ||||||
26 | (n) The Department may place children under 18 years of |
| |||||||
| |||||||
1 | age in
licensed child care facilities when in the opinion of | ||||||
2 | the Department,
appropriate services aimed at family | ||||||
3 | preservation have been unsuccessful and
cannot ensure the | ||||||
4 | child's health and safety or are unavailable and such
| ||||||
5 | placement would be for their best interest. Payment
for board, | ||||||
6 | clothing, care, training and supervision of any child placed | ||||||
7 | in
a licensed child care facility may be made by the | ||||||
8 | Department, by the
parents or guardians of the estates of | ||||||
9 | those children, or by both the
Department and the parents or | ||||||
10 | guardians, except that no payments shall be
made by the | ||||||
11 | Department for any child placed in a licensed child care
| ||||||
12 | facility for board, clothing, care, training and supervision | ||||||
13 | of such a
child that exceed the average per capita cost of | ||||||
14 | maintaining and of caring
for a child in institutions for | ||||||
15 | dependent or neglected children operated by
the Department. | ||||||
16 | However, such restriction on payments does not apply in
cases | ||||||
17 | where children require specialized care and treatment for | ||||||
18 | problems of
severe emotional disturbance, physical disability, | ||||||
19 | social adjustment, or
any combination thereof and suitable | ||||||
20 | facilities for the placement of such
children are not | ||||||
21 | available at payment rates within the limitations set
forth in | ||||||
22 | this Section. All reimbursements for services delivered shall | ||||||
23 | be
absolutely inalienable by assignment, sale, attachment, or | ||||||
24 | garnishment or
otherwise.
| ||||||
25 | (n-1) The Department shall provide or authorize child | ||||||
26 | welfare services, aimed at assisting minors to achieve |
| |||||||
| |||||||
1 | sustainable self-sufficiency as independent adults, for any | ||||||
2 | minor eligible for the reinstatement of wardship pursuant to | ||||||
3 | subsection (2) of Section 2-33 of the Juvenile Court Act of | ||||||
4 | 1987, whether or not such reinstatement is sought or allowed, | ||||||
5 | provided that the minor consents to such services and has not | ||||||
6 | yet attained the age of 21. The Department shall have | ||||||
7 | responsibility for the development and delivery of services | ||||||
8 | under this Section. An eligible youth may access services | ||||||
9 | under this Section through the Department of Children and | ||||||
10 | Family Services or by referral from the Department of Human | ||||||
11 | Services. Youth participating in services under this Section | ||||||
12 | shall cooperate with the assigned case manager in developing | ||||||
13 | an agreement identifying the services to be provided and how | ||||||
14 | the youth will increase skills to achieve self-sufficiency. A | ||||||
15 | homeless shelter is not considered appropriate housing for any | ||||||
16 | youth receiving child welfare services under this Section. The | ||||||
17 | Department shall continue child welfare services under this | ||||||
18 | Section to any eligible minor until the minor becomes 21 years | ||||||
19 | of age, no longer consents to participate, or achieves | ||||||
20 | self-sufficiency as identified in the minor's service plan. | ||||||
21 | The Department of Children and Family Services shall create | ||||||
22 | clear, readable notice of the rights of former foster youth to | ||||||
23 | child welfare services under this Section and how such | ||||||
24 | services may be obtained. The Department of Children and | ||||||
25 | Family Services and the Department of Human Services shall | ||||||
26 | disseminate this information statewide. The Department shall |
| |||||||
| |||||||
1 | adopt regulations describing services intended to assist | ||||||
2 | minors in achieving sustainable self-sufficiency as | ||||||
3 | independent adults. | ||||||
4 | (o) The Department shall establish an administrative | ||||||
5 | review and appeal
process for children and families who | ||||||
6 | request or receive child welfare
services from the Department. | ||||||
7 | Youth in care who are placed by private child welfare | ||||||
8 | agencies, and foster families with whom
those youth are | ||||||
9 | placed, shall be afforded the same procedural and appeal
| ||||||
10 | rights as children and families in the case of placement by the | ||||||
11 | Department,
including the right to an initial review of a | ||||||
12 | private agency decision by
that agency. The Department shall | ||||||
13 | ensure that any private child welfare
agency, which accepts | ||||||
14 | youth in care for placement, affords those
rights to children | ||||||
15 | and foster families. The Department shall accept for
| ||||||
16 | administrative review and an appeal hearing a complaint made | ||||||
17 | by (i) a child
or foster family concerning a decision | ||||||
18 | following an initial review by a
private child welfare agency | ||||||
19 | or (ii) a prospective adoptive parent who alleges
a violation | ||||||
20 | of subsection (j-5) of this Section. An appeal of a decision
| ||||||
21 | concerning a change in the placement of a child shall be | ||||||
22 | conducted in an
expedited manner. A court determination that a | ||||||
23 | current foster home placement is necessary and appropriate | ||||||
24 | under Section 2-28 of the Juvenile Court Act of 1987 does not | ||||||
25 | constitute a judicial determination on the merits of an | ||||||
26 | administrative appeal, filed by a former foster parent, |
| |||||||
| |||||||
1 | involving a change of placement decision.
| ||||||
2 | (p) (Blank).
| ||||||
3 | (q) The Department may receive and use, in their entirety, | ||||||
4 | for the
benefit of children any gift, donation, or bequest of | ||||||
5 | money or other
property which is received on behalf of such | ||||||
6 | children, or any financial
benefits to which such children are | ||||||
7 | or may become entitled while under
the jurisdiction or care of | ||||||
8 | the Department, except that the benefits described in Section | ||||||
9 | 5.46 must be used and conserved consistent with the provisions | ||||||
10 | under Section 5.46.
| ||||||
11 | The Department shall set up and administer no-cost, | ||||||
12 | interest-bearing accounts in appropriate financial | ||||||
13 | institutions
for children for whom the Department is legally | ||||||
14 | responsible and who have been
determined eligible for | ||||||
15 | Veterans' Benefits, Social Security benefits,
assistance | ||||||
16 | allotments from the armed forces, court ordered payments, | ||||||
17 | parental
voluntary payments, Supplemental Security Income, | ||||||
18 | Railroad Retirement
payments, Black Lung benefits, or other | ||||||
19 | miscellaneous payments. Interest
earned by each account shall | ||||||
20 | be credited to the account, unless
disbursed in accordance | ||||||
21 | with this subsection.
| ||||||
22 | In disbursing funds from children's accounts, the | ||||||
23 | Department
shall:
| ||||||
24 | (1) Establish standards in accordance with State and | ||||||
25 | federal laws for
disbursing money from children's | ||||||
26 | accounts. In all
circumstances,
the Department's |
| |||||||
| |||||||
1 | "Guardianship Administrator" or his or her designee must
| ||||||
2 | approve disbursements from children's accounts. The | ||||||
3 | Department
shall be responsible for keeping complete | ||||||
4 | records of all disbursements for each account for any | ||||||
5 | purpose.
| ||||||
6 | (2) Calculate on a monthly basis the amounts paid from | ||||||
7 | State funds for the
child's board and care, medical care | ||||||
8 | not covered under Medicaid, and social
services; and | ||||||
9 | utilize funds from the child's account, as
covered by | ||||||
10 | regulation, to reimburse those costs. Monthly, | ||||||
11 | disbursements from
all children's accounts, up to 1/12 of | ||||||
12 | $13,000,000, shall be
deposited by the Department into the | ||||||
13 | General Revenue Fund and the balance over
1/12 of | ||||||
14 | $13,000,000 into the DCFS Children's Services Fund.
| ||||||
15 | (3) Maintain any balance remaining after reimbursing | ||||||
16 | for the child's costs
of care, as specified in item (2). | ||||||
17 | The balance shall accumulate in accordance
with relevant | ||||||
18 | State and federal laws and shall be disbursed to the child | ||||||
19 | or his
or her guardian, or to the issuing agency.
| ||||||
20 | (r) The Department shall promulgate regulations | ||||||
21 | encouraging all adoption
agencies to voluntarily forward to | ||||||
22 | the Department or its agent names and
addresses of all persons | ||||||
23 | who have applied for and have been approved for
adoption of a | ||||||
24 | hard-to-place child or child with a disability and the names | ||||||
25 | of such
children who have not been placed for adoption. A list | ||||||
26 | of such names and
addresses shall be maintained by the |
| |||||||
| |||||||
1 | Department or its agent, and coded
lists which maintain the | ||||||
2 | confidentiality of the person seeking to adopt the
child and | ||||||
3 | of the child shall be made available, without charge, to every
| ||||||
4 | adoption agency in the State to assist the agencies in placing | ||||||
5 | such
children for adoption. The Department may delegate to an | ||||||
6 | agent its duty to
maintain and make available such lists. The | ||||||
7 | Department shall ensure that
such agent maintains the | ||||||
8 | confidentiality of the person seeking to adopt the
child and | ||||||
9 | of the child.
| ||||||
10 | (s) The Department of Children and Family Services may | ||||||
11 | establish and
implement a program to reimburse Department and | ||||||
12 | private child welfare
agency foster parents licensed by the | ||||||
13 | Department of Children and Family
Services for damages | ||||||
14 | sustained by the foster parents as a result of the
malicious or | ||||||
15 | negligent acts of foster children, as well as providing third
| ||||||
16 | party coverage for such foster parents with regard to actions | ||||||
17 | of foster
children to other individuals. Such coverage will be | ||||||
18 | secondary to the
foster parent liability insurance policy, if | ||||||
19 | applicable. The program shall
be funded through appropriations | ||||||
20 | from the General Revenue Fund,
specifically designated for | ||||||
21 | such purposes.
| ||||||
22 | (t) The Department shall perform home studies and | ||||||
23 | investigations and
shall exercise supervision over visitation | ||||||
24 | as ordered by a court pursuant
to the Illinois Marriage and | ||||||
25 | Dissolution of Marriage Act or the Adoption
Act only if:
| ||||||
26 | (1) an order entered by an Illinois court specifically
|
| |||||||
| |||||||
1 | directs the Department to perform such services; and
| ||||||
2 | (2) the court has ordered one or both of the parties to
| ||||||
3 | the proceeding to reimburse the Department for its | ||||||
4 | reasonable costs for
providing such services in accordance | ||||||
5 | with Department rules, or has
determined that neither | ||||||
6 | party is financially able to pay.
| ||||||
7 | The Department shall provide written notification to the | ||||||
8 | court of the
specific arrangements for supervised visitation | ||||||
9 | and projected monthly costs
within 60 days of the court order. | ||||||
10 | The Department shall send to the court
information related to | ||||||
11 | the costs incurred except in cases where the court
has | ||||||
12 | determined the parties are financially unable to pay. The | ||||||
13 | court may
order additional periodic reports as appropriate.
| ||||||
14 | (u) In addition to other information that must be | ||||||
15 | provided, whenever the Department places a child with a | ||||||
16 | prospective adoptive parent or parents, in a licensed foster | ||||||
17 | home,
group home, or child care institution, or in a relative | ||||||
18 | home, the Department
shall provide to the prospective adoptive | ||||||
19 | parent or parents or other caretaker:
| ||||||
20 | (1) available detailed information concerning the | ||||||
21 | child's educational
and health history, copies of | ||||||
22 | immunization records (including insurance
and medical card | ||||||
23 | information), a history of the child's previous | ||||||
24 | placements,
if any, and reasons for placement changes | ||||||
25 | excluding any information that
identifies or reveals the | ||||||
26 | location of any previous caretaker;
|
| |||||||
| |||||||
1 | (2) a copy of the child's portion of the client | ||||||
2 | service plan, including
any visitation arrangement, and | ||||||
3 | all amendments or revisions to it as
related to the child; | ||||||
4 | and
| ||||||
5 | (3) information containing details of the child's | ||||||
6 | individualized
educational plan when the child is | ||||||
7 | receiving special education services.
| ||||||
8 | The caretaker shall be informed of any known social or | ||||||
9 | behavioral
information (including, but not limited to, | ||||||
10 | criminal background, fire
setting, perpetuation of
sexual | ||||||
11 | abuse, destructive behavior, and substance abuse) necessary to | ||||||
12 | care
for and safeguard the children to be placed or currently | ||||||
13 | in the home. The Department may prepare a written summary of | ||||||
14 | the information required by this paragraph, which may be | ||||||
15 | provided to the foster or prospective adoptive parent in | ||||||
16 | advance of a placement. The foster or prospective adoptive | ||||||
17 | parent may review the supporting documents in the child's file | ||||||
18 | in the presence of casework staff. In the case of an emergency | ||||||
19 | placement, casework staff shall at least provide known | ||||||
20 | information verbally, if necessary, and must subsequently | ||||||
21 | provide the information in writing as required by this | ||||||
22 | subsection.
| ||||||
23 | The information described in this subsection shall be | ||||||
24 | provided in writing. In the case of emergency placements when | ||||||
25 | time does not allow prior review, preparation, and collection | ||||||
26 | of written information, the Department shall provide such |
| |||||||
| |||||||
1 | information as it becomes available. Within 10 business days | ||||||
2 | after placement, the Department shall obtain from the | ||||||
3 | prospective adoptive parent or parents or other caretaker a | ||||||
4 | signed verification of receipt of the information provided. | ||||||
5 | Within 10 business days after placement, the Department shall | ||||||
6 | provide to the child's guardian ad litem a copy of the | ||||||
7 | information provided to the prospective adoptive parent or | ||||||
8 | parents or other caretaker. The information provided to the | ||||||
9 | prospective adoptive parent or parents or other caretaker | ||||||
10 | shall be reviewed and approved regarding accuracy at the | ||||||
11 | supervisory level.
| ||||||
12 | (u-5) Effective July 1, 1995, only foster care placements | ||||||
13 | licensed as
foster family homes pursuant to the Child Care Act | ||||||
14 | of 1969 shall be eligible to
receive foster care payments from | ||||||
15 | the Department.
Relative caregivers who, as of July 1, 1995, | ||||||
16 | were approved pursuant to approved
relative placement rules | ||||||
17 | previously promulgated by the Department at 89 Ill.
Adm. Code | ||||||
18 | 335 and had submitted an application for licensure as a foster | ||||||
19 | family
home may continue to receive foster care payments only | ||||||
20 | until the Department
determines that they may be licensed as a | ||||||
21 | foster family home or that their
application for licensure is | ||||||
22 | denied or until September 30, 1995, whichever
occurs first.
| ||||||
23 | (v) The Department shall access criminal history record | ||||||
24 | information
as defined in the Illinois Uniform Conviction | ||||||
25 | Information Act and information
maintained in the adjudicatory | ||||||
26 | and dispositional record system as defined in
Section 2605-355 |
| |||||||
| |||||||
1 | of the
Illinois State Police Law
if the Department determines | ||||||
2 | the information is necessary to perform its duties
under the | ||||||
3 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
4 | of 1969,
and the Children and Family Services Act. The | ||||||
5 | Department shall provide for
interactive computerized | ||||||
6 | communication and processing equipment that permits
direct | ||||||
7 | on-line communication with the Illinois State Police's central
| ||||||
8 | criminal history data repository. The Department shall comply | ||||||
9 | with all
certification requirements and provide certified | ||||||
10 | operators who have been
trained by personnel from the Illinois | ||||||
11 | State Police. In addition, one
Office of the Inspector General | ||||||
12 | investigator shall have training in the use of
the criminal | ||||||
13 | history information access system and have
access to the | ||||||
14 | terminal. The Department of Children and Family Services and | ||||||
15 | its
employees shall abide by rules and regulations established | ||||||
16 | by the Illinois State Police relating to the access and | ||||||
17 | dissemination of
this information.
| ||||||
18 | (v-1) Prior to final approval for placement of a child, | ||||||
19 | the Department shall conduct a criminal records background | ||||||
20 | check of the prospective foster or adoptive parent, including | ||||||
21 | fingerprint-based checks of national crime information | ||||||
22 | databases. Final approval for placement shall not be granted | ||||||
23 | if the record check reveals a felony conviction for child | ||||||
24 | abuse or neglect, for spousal abuse, for a crime against | ||||||
25 | children, or for a crime involving violence, including rape, | ||||||
26 | sexual assault, or homicide, but not including other physical |
| |||||||
| |||||||
1 | assault or battery, or if there is a felony conviction for | ||||||
2 | physical assault, battery, or a drug-related offense committed | ||||||
3 | within the past 5 years. | ||||||
4 | (v-2) Prior to final approval for placement of a child, | ||||||
5 | the Department shall check its child abuse and neglect | ||||||
6 | registry for information concerning prospective foster and | ||||||
7 | adoptive parents, and any adult living in the home. If any | ||||||
8 | prospective foster or adoptive parent or other adult living in | ||||||
9 | the home has resided in another state in the preceding 5 years, | ||||||
10 | the Department shall request a check of that other state's | ||||||
11 | child abuse and neglect registry.
| ||||||
12 | (w) Within 120 days of August 20, 1995 (the effective date | ||||||
13 | of Public Act
89-392), the Department shall prepare and submit | ||||||
14 | to the Governor and the
General Assembly, a written plan for | ||||||
15 | the development of in-state licensed
secure child care | ||||||
16 | facilities that care for children who are in need of secure
| ||||||
17 | living
arrangements for their health, safety, and well-being. | ||||||
18 | For purposes of this
subsection, secure care facility shall | ||||||
19 | mean a facility that is designed and
operated to ensure that | ||||||
20 | all entrances and exits from the facility, a building
or a | ||||||
21 | distinct part of the building, are under the exclusive control | ||||||
22 | of the
staff of the facility, whether or not the child has the | ||||||
23 | freedom of movement
within the perimeter of the facility, | ||||||
24 | building, or distinct part of the
building. The plan shall | ||||||
25 | include descriptions of the types of facilities that
are | ||||||
26 | needed in Illinois; the cost of developing these secure care |
| |||||||
| |||||||
1 | facilities;
the estimated number of placements; the potential | ||||||
2 | cost savings resulting from
the movement of children currently | ||||||
3 | out-of-state who are projected to be
returned to Illinois; the | ||||||
4 | necessary geographic distribution of these
facilities in | ||||||
5 | Illinois; and a proposed timetable for development of such
| ||||||
6 | facilities. | ||||||
7 | (x) The Department shall conduct annual credit history | ||||||
8 | checks to determine the financial history of children placed | ||||||
9 | under its guardianship pursuant to the Juvenile Court Act of | ||||||
10 | 1987. The Department shall conduct such credit checks starting | ||||||
11 | when a youth in care turns 12 years old and each year | ||||||
12 | thereafter for the duration of the guardianship as terminated | ||||||
13 | pursuant to the Juvenile Court Act of 1987. The Department | ||||||
14 | shall determine if financial exploitation of the child's | ||||||
15 | personal information has occurred. If financial exploitation | ||||||
16 | appears to have taken place or is presently ongoing, the | ||||||
17 | Department shall notify the proper law enforcement agency, the | ||||||
18 | proper State's Attorney, or the Attorney General. | ||||||
19 | (y) Beginning on July 22, 2010 (the effective date of | ||||||
20 | Public Act 96-1189), a child with a disability who receives | ||||||
21 | residential and educational services from the Department shall | ||||||
22 | be eligible to receive transition services in accordance with | ||||||
23 | Article 14 of the School Code from the age of 14.5 through age | ||||||
24 | 21, inclusive, notwithstanding the child's residential | ||||||
25 | services arrangement. For purposes of this subsection, "child | ||||||
26 | with a disability" means a child with a disability as defined |
| |||||||
| |||||||
1 | by the federal Individuals with Disabilities Education | ||||||
2 | Improvement Act of 2004. | ||||||
3 | (z) The Department shall access criminal history record | ||||||
4 | information as defined as "background information" in this | ||||||
5 | subsection and criminal history record information as defined | ||||||
6 | in the Illinois Uniform Conviction Information Act for each | ||||||
7 | Department employee or Department applicant. Each Department | ||||||
8 | employee or Department applicant shall submit his or her | ||||||
9 | fingerprints to the Illinois State Police in the form and | ||||||
10 | manner prescribed by the Illinois State Police. These | ||||||
11 | fingerprints shall be checked against the fingerprint records | ||||||
12 | now and hereafter filed in the Illinois State Police and the | ||||||
13 | Federal Bureau of Investigation criminal history records | ||||||
14 | databases. The Illinois State Police shall charge a fee for | ||||||
15 | conducting the criminal history record check, which shall be | ||||||
16 | deposited into the State Police Services Fund and shall not | ||||||
17 | exceed the actual cost of the record check. The Illinois State | ||||||
18 | Police shall furnish, pursuant to positive identification, all | ||||||
19 | Illinois conviction information to the Department of Children | ||||||
20 | and Family Services. | ||||||
21 | For purposes of this subsection: | ||||||
22 | "Background information" means all of the following: | ||||||
23 | (i) Upon the request of the Department of Children and | ||||||
24 | Family Services, conviction information obtained from the | ||||||
25 | Illinois State Police as a result of a fingerprint-based | ||||||
26 | criminal history records check of the Illinois criminal |
| |||||||
| |||||||
1 | history records database and the Federal Bureau of | ||||||
2 | Investigation criminal history records database concerning | ||||||
3 | a Department employee or Department applicant. | ||||||
4 | (ii) Information obtained by the Department of | ||||||
5 | Children and Family Services after performing a check of | ||||||
6 | the Illinois State Police's Sex Offender Database, as | ||||||
7 | authorized by Section 120 of the Sex Offender Community | ||||||
8 | Notification Law, concerning a Department employee or | ||||||
9 | Department applicant. | ||||||
10 | (iii) Information obtained by the Department of | ||||||
11 | Children and Family Services after performing a check of | ||||||
12 | the Child Abuse and Neglect Tracking System (CANTS) | ||||||
13 | operated and maintained by the Department. | ||||||
14 | "Department employee" means a full-time or temporary | ||||||
15 | employee coded or certified within the State of Illinois | ||||||
16 | Personnel System. | ||||||
17 | "Department applicant" means an individual who has | ||||||
18 | conditional Department full-time or part-time work, a | ||||||
19 | contractor, an individual used to replace or supplement staff, | ||||||
20 | an academic intern, a volunteer in Department offices or on | ||||||
21 | Department contracts, a work-study student, an individual or | ||||||
22 | entity licensed by the Department, or an unlicensed service | ||||||
23 | provider who works as a condition of a contract or an agreement | ||||||
24 | and whose work may bring the unlicensed service provider into | ||||||
25 | contact with Department clients or client records. | ||||||
26 | (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; |
| |||||||
| |||||||
1 | 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||||||
2 | 8-20-21; 102-1014, eff. 5-27-22.)
| ||||||
3 | (20 ILCS 505/17) (from Ch. 23, par. 5017)
| ||||||
4 | Sec. 17. Youth and Community Services Program. The | ||||||
5 | Department of Human
Services shall
develop a State program for | ||||||
6 | youth and community services which will
assure that youth who | ||||||
7 | come into contact or may come into contact with the child
| ||||||
8 | welfare and the juvenile justice systems will have access to | ||||||
9 | needed community,
prevention, diversion, emergency and | ||||||
10 | independent living services. The term
"youth" means a person | ||||||
11 | under the age of 19 years. The term "homeless youth"
means a | ||||||
12 | youth who cannot be reunited with his or her family and is not | ||||||
13 | in a
safe and stable living situation. This Section shall not | ||||||
14 | be construed to
require the Department of Human Services to | ||||||
15 | provide services under this
Section to any homeless youth who | ||||||
16 | is at least 18 years of age but is younger
than 19 years of | ||||||
17 | age; however, the Department may, in its discretion, provide
| ||||||
18 | services under this Section to any such homeless youth.
| ||||||
19 | (a) The goals of the program shall be to:
| ||||||
20 | (1) maintain children and youths in their own | ||||||
21 | community;
| ||||||
22 | (2) eliminate unnecessary categorical funding of | ||||||
23 | programs by funding more
comprehensive and integrated | ||||||
24 | programs;
| ||||||
25 | (3) encourage local volunteers and voluntary |
| |||||||
| |||||||
1 | associations in developing
programs aimed at preventing | ||||||
2 | and controlling juvenile delinquency;
| ||||||
3 | (4) address voids in services and close service gaps;
| ||||||
4 | (5) develop program models aimed at strengthening the | ||||||
5 | relationships
between youth and their families and aimed | ||||||
6 | at developing healthy,
independent lives for homeless | ||||||
7 | youth;
| ||||||
8 | (6) contain costs by redirecting funding to more | ||||||
9 | comprehensive and
integrated community-based services; and
| ||||||
10 | (7) coordinate education, employment, training and | ||||||
11 | other programs for
youths with other State agencies.
| ||||||
12 | (b) The duties of the Department under the program shall | ||||||
13 | be
to:
| ||||||
14 | (1) design models for service delivery by local | ||||||
15 | communities;
| ||||||
16 | (2) test alternative systems for delivering youth | ||||||
17 | services;
| ||||||
18 | (3) develop standards necessary to achieve and | ||||||
19 | maintain, on a statewide
basis, more comprehensive and | ||||||
20 | integrated community-based youth services;
| ||||||
21 | (4) monitor and provide technical assistance to local | ||||||
22 | boards and local
service systems;
| ||||||
23 | (5) assist local organizations in developing programs | ||||||
24 | which address the
problems of youths and their families | ||||||
25 | through direct services, advocacy
with institutions, and | ||||||
26 | improvement of local conditions; and
|
| |||||||
| |||||||
1 | (6) develop a statewide adoption awareness campaign | ||||||
2 | aimed at pregnant
teenagers ; and .
| ||||||
3 | (7) establish temporary emergency placements for youth | ||||||
4 | in crisis as defined by the Department through | ||||||
5 | comprehensive community-based youth services provider | ||||||
6 | grants. | ||||||
7 | (A) Temporary emergency placements must be | ||||||
8 | licensed through the Department of Children and Family | ||||||
9 | Services and should be strategically situated to meet | ||||||
10 | regional need and minimize geographic disruption in | ||||||
11 | consultation with the Children's Behavioral Health | ||||||
12 | Transformation Officer and the Children's Behavioral | ||||||
13 | Health Transformation Team. | ||||||
14 | (B) Temporary emergency placements may be host | ||||||
15 | homes or homeless youth shelters provided under the | ||||||
16 | Comprehensive Community-Based Youth Services program. | ||||||
17 | Beginning on the effective date of this amendatory Act | ||||||
18 | of the 103rd General Assembly, temporary emergency | ||||||
19 | placements must also include temporary emergency | ||||||
20 | placement shelters provided under the Comprehensive | ||||||
21 | Community-Based Youth Services program. Temporary | ||||||
22 | emergency placement shelters shall be managed by | ||||||
23 | Comprehensive Community-Based Youth Services provider | ||||||
24 | organizations and shall be available to house youth in | ||||||
25 | crisis, as defined by the Department, 24/7 and shall | ||||||
26 | provide access to clinical supports for youth while |
| |||||||
| |||||||
1 | staying at the shelter. | ||||||
2 | (C) Comprehensive Community-Based Youth Services | ||||||
3 | organizations shall retain the sole authority to place | ||||||
4 | youth in host homes and temporary emergency placement | ||||||
5 | shelters provided under the Comprehensive | ||||||
6 | Community-Based Youth Services program. | ||||||
7 | (D) Crisis youth, as defined by the Department, | ||||||
8 | shall be prioritized in temporary emergency | ||||||
9 | placements. | ||||||
10 | (E) Additional placement options may be authorized | ||||||
11 | for crisis and non-crisis program youth with the | ||||||
12 | permission of the youth's parent or legal guardian. | ||||||
13 | (F) While in a temporary emergency placement, the | ||||||
14 | organization shall work with the parent, guardian, or | ||||||
15 | custodian to effectuate the youth's return home or to | ||||||
16 | an alternative long-term living arrangement. As | ||||||
17 | necessary, the agency or association shall also work | ||||||
18 | with the youth's local school district, the | ||||||
19 | Department, the Department of Human Services, the | ||||||
20 | Department of Healthcare and Family Services, and the | ||||||
21 | Department of Juvenile Justice to identify immediate | ||||||
22 | and long-term services, treatment, or placement. | ||||||
23 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
24 | Section 20. The School Code is amended by changing | ||||||
25 | Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section |
| |||||||
| |||||||
1 | 2-3.196 as follows: | ||||||
2 | (105 ILCS 5/2-3.163) | ||||||
3 | Sec. 2-3.163. Prioritization of Urgency of Need for | ||||||
4 | Services database. | ||||||
5 | (a) The General Assembly makes all of the following | ||||||
6 | findings: | ||||||
7 | (1) The Department of Human Services maintains a | ||||||
8 | statewide database known as the Prioritization of Urgency | ||||||
9 | of Need for Services that records information about | ||||||
10 | individuals with developmental disabilities who are | ||||||
11 | potentially in need of services. | ||||||
12 | (2) The Department of Human Services uses the data on | ||||||
13 | Prioritization of Urgency of Need for Services to select | ||||||
14 | individuals for services as funding becomes available, to | ||||||
15 | develop proposals and materials for budgeting, and to plan | ||||||
16 | for future needs. | ||||||
17 | (3) Prioritization of Urgency of Need for Services is | ||||||
18 | available for children and adults with a developmental | ||||||
19 | disability who have an unmet service need anticipated in | ||||||
20 | the next 5 years. | ||||||
21 | (4) Prioritization of Urgency of Need for Services is | ||||||
22 | the first step toward getting developmental disabilities | ||||||
23 | services in this State. If individuals are not on the | ||||||
24 | Prioritization of Urgency of Need for Services waiting | ||||||
25 | list, they are not in queue for State developmental |
| |||||||
| |||||||
1 | disabilities services. | ||||||
2 | (5) Prioritization of Urgency of Need for Services may | ||||||
3 | be underutilized by children and their parents or | ||||||
4 | guardians due to lack of awareness or lack of information. | ||||||
5 | (b) The State Board of Education may work with school | ||||||
6 | districts to inform all students with developmental | ||||||
7 | disabilities and their parents or guardians about the | ||||||
8 | Prioritization of Urgency of Need for Services database. | ||||||
9 | (c) Subject to appropriation, the Department of Human | ||||||
10 | Services and State Board of Education shall develop and | ||||||
11 | implement an online, computer-based training program for at | ||||||
12 | least one designated employee in every public school in this | ||||||
13 | State to educate him or her about the Prioritization of | ||||||
14 | Urgency of Need for Services database and steps to be taken to | ||||||
15 | ensure children and adolescents are enrolled. The training | ||||||
16 | shall include instruction for at least one designated employee | ||||||
17 | in every public school in contacting the appropriate | ||||||
18 | developmental disabilities Independent Service Coordination | ||||||
19 | agency to enroll children and adolescents in the database. At | ||||||
20 | least one designated employee in every public school shall | ||||||
21 | ensure the opportunity to enroll in the Prioritization of | ||||||
22 | Urgency of Need for Services database is discussed during | ||||||
23 | annual individualized education program (IEP) meetings for all | ||||||
24 | children and adolescents believed to have a developmental | ||||||
25 | disability. | ||||||
26 | (d) The State Board of Education, in consultation with the |
| |||||||
| |||||||
1 | Department of Human Services, through school districts, shall | ||||||
2 | provide to parents and guardians of students a copy of the | ||||||
3 | Department of Human Services's guide titled "Understanding | ||||||
4 | PUNS: A Guide to Prioritization for Urgency of Need for | ||||||
5 | Services" each year at the annual review meeting for the | ||||||
6 | student's individualized education program, including the | ||||||
7 | consideration required in subsection (e) of this Section.
| ||||||
8 | (e) The Department of Human Services shall consider the | ||||||
9 | length of time spent on the Prioritization of Urgency of Need | ||||||
10 | for Services waiting list, in addition to other factors | ||||||
11 | considered, when selecting individuals on the list for | ||||||
12 | services. | ||||||
13 | (f) Subject to appropriation, the Department of Human | ||||||
14 | Services shall expand its selection of individuals from the | ||||||
15 | Prioritization of Urgency of Need for Services database to | ||||||
16 | include individuals who receive services through the Children | ||||||
17 | and Young Adults with Developmental Disabilities - Support | ||||||
18 | Waiver. | ||||||
19 | (Source: P.A. 102-57, eff. 7-9-21.) | ||||||
20 | (105 ILCS 5/2-3.196 new) | ||||||
21 | Sec. 2-3.196. Mental health screenings. On or before | ||||||
22 | December 15, 2023, the State Board of Education, in | ||||||
23 | consultation with the Children's Behavioral Health | ||||||
24 | Transformation Officer, Children's Behavioral Health | ||||||
25 | Transformation Team, and the Office of the Governor, shall |
| |||||||
| |||||||
1 | file a report with the Governor and the General Assembly that | ||||||
2 | includes recommendations for implementation of mental health | ||||||
3 | screenings in schools for students enrolled in kindergarten | ||||||
4 | through grade 12. This report must include a landscape scan of | ||||||
5 | current district-wide screenings, recommendations for | ||||||
6 | screening tools, training for staff, and linkage and referral | ||||||
7 | for identified students.
| ||||||
8 | (105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||||||
9 | Sec. 14-7.02. Children attending private schools, public
| ||||||
10 | out-of-state schools, public school residential facilities or | ||||||
11 | private
special education facilities. | ||||||
12 | (a) The General Assembly recognizes that non-public
| ||||||
13 | schools or special education facilities provide an important | ||||||
14 | service in the
educational system in Illinois.
| ||||||
15 | (b) If a student's individualized education program (IEP) | ||||||
16 | team determines that because of his or her disability the | ||||||
17 | special education
program of a district is unable to meet the | ||||||
18 | needs of the child and the
child attends a non-public school or | ||||||
19 | special education facility, a
public out-of-state school or a | ||||||
20 | special education facility owned and
operated by a county | ||||||
21 | government unit that provides special educational
services | ||||||
22 | required by the child and is in compliance with the | ||||||
23 | appropriate
rules and regulations of the State Superintendent | ||||||
24 | of Education, the
school district in which the child is a | ||||||
25 | resident shall pay the actual
cost of tuition for special |
| |||||||
| |||||||
1 | education and related services provided
during the regular | ||||||
2 | school term and during the summer school term if the
child's | ||||||
3 | educational needs so require, excluding room, board and
| ||||||
4 | transportation costs charged the child by that non-public | ||||||
5 | school or
special education facility, public out-of-state | ||||||
6 | school or county special
education facility, or $4,500 per | ||||||
7 | year, whichever is less, and shall
provide him any necessary | ||||||
8 | transportation. "Nonpublic special
education facility" shall | ||||||
9 | include a residential facility,
within or without the State of | ||||||
10 | Illinois, which provides
special education and related | ||||||
11 | services to meet the needs of the child by
utilizing private | ||||||
12 | schools or public schools, whether located on the site
or off | ||||||
13 | the site of the residential facility. Resident district | ||||||
14 | financial responsibility and reimbursement applies for both | ||||||
15 | nonpublic special education facilities that are approved by | ||||||
16 | the State Board of Education pursuant to 23 Ill. Adm. Code 401 | ||||||
17 | or other applicable laws or rules and for emergency placements | ||||||
18 | in nonpublic special education facilities that are not | ||||||
19 | approved by the State Board of Education pursuant to 23 Ill. | ||||||
20 | Adm. Code 401 or other applicable laws or rules, subject to the | ||||||
21 | requirements of this Section.
| ||||||
22 | (c) Prior to the placement of a child in an out-of-state | ||||||
23 | special education residential facility, the school district | ||||||
24 | must refer to the child or the child's parent or guardian the | ||||||
25 | option to place the child in a special education residential | ||||||
26 | facility located within this State, if any, that provides |
| |||||||
| |||||||
1 | treatment and services comparable to those provided by the | ||||||
2 | out-of-state special education residential facility. The | ||||||
3 | school district must review annually the placement of a child | ||||||
4 | in an out-of-state special education residential facility. As | ||||||
5 | a part of the review, the school district must refer to the | ||||||
6 | child or the child's parent or guardian the option to place the | ||||||
7 | child in a comparable special education residential facility | ||||||
8 | located within this State, if any. | ||||||
9 | (c-5) Before a provider that operates a nonpublic special | ||||||
10 | education facility terminates a student's placement in that | ||||||
11 | facility, the provider must request an IEP meeting from the | ||||||
12 | contracting school district. If the provider elects to | ||||||
13 | terminate the student's placement following the IEP meeting, | ||||||
14 | the provider must give written notice to this effect to the | ||||||
15 | parent or guardian, the contracting public school district, | ||||||
16 | and the State Board of Education no later than 20 business days | ||||||
17 | before the date of termination, unless the health and safety | ||||||
18 | of any student are endangered. The notice must include the | ||||||
19 | detailed reasons for the termination and any actions taken to | ||||||
20 | address the reason for the termination. | ||||||
21 | (d) Payments shall be made by the resident school district | ||||||
22 | to the entity providing the educational services, whether the | ||||||
23 | entity is the nonpublic special education facility or the | ||||||
24 | school district wherein the facility is located, no less than | ||||||
25 | once per quarter, unless otherwise agreed to in writing by the | ||||||
26 | parties. |
| |||||||
| |||||||
1 | (e) A school district may place a student in a nonpublic | ||||||
2 | special education facility providing educational services, but | ||||||
3 | not approved by the State Board of Education pursuant to 23 | ||||||
4 | Ill. Adm. Code 401 or other applicable laws or rules, provided | ||||||
5 | that the State Board of Education provides an emergency and | ||||||
6 | student-specific approval for placement. The State Board of | ||||||
7 | Education shall promptly, within 10 days after the request, | ||||||
8 | approve a request for emergency and student-specific approval | ||||||
9 | for placement if the following have been demonstrated to the | ||||||
10 | State Board of Education: | ||||||
11 | (1) the facility demonstrates appropriate licensure of | ||||||
12 | teachers for the student population; | ||||||
13 | (2) the facility demonstrates age-appropriate | ||||||
14 | curriculum; | ||||||
15 | (3) the facility provides enrollment and attendance | ||||||
16 | data; | ||||||
17 | (4) the facility demonstrates the ability to implement | ||||||
18 | the child's IEP; and | ||||||
19 | (5) the school district demonstrates that it made good | ||||||
20 | faith efforts to place the student in an approved | ||||||
21 | facility, but no approved facility has accepted the | ||||||
22 | student or has availability for immediate placement of the | ||||||
23 | student. | ||||||
24 | A resident school district may also submit such proof to the | ||||||
25 | State Board of Education as may be required for its student. | ||||||
26 | The State Board of Education may not unreasonably withhold |
| |||||||
| |||||||
1 | approval once satisfactory proof is provided to the State | ||||||
2 | Board. | ||||||
3 | (f) If an impartial due process hearing officer who is | ||||||
4 | contracted by the State Board of Education pursuant to this | ||||||
5 | Article orders placement of a student with a disability in a | ||||||
6 | residential facility that is not approved by the State Board | ||||||
7 | of Education, then, for purposes of this Section, the facility | ||||||
8 | shall be deemed approved for placement and school district | ||||||
9 | payments and State reimbursements shall be made accordingly. | ||||||
10 | (g) Emergency placement in a facility approved pursuant to | ||||||
11 | subsection (e) or (f) may continue to be utilized so long as | ||||||
12 | (i) the student's IEP team determines annually that such | ||||||
13 | placement continues to be appropriate to meet the student's | ||||||
14 | needs and (ii) at least every 3 years following the student's | ||||||
15 | placement, the IEP team reviews appropriate placements | ||||||
16 | approved by the State Board of Education pursuant to 23 Ill. | ||||||
17 | Adm. Code 401 or other applicable laws or rules to determine | ||||||
18 | whether there are any approved placements that can meet the | ||||||
19 | student's needs, have accepted the student, and have | ||||||
20 | availability for placement of the student. | ||||||
21 | (h) The State Board of Education shall promulgate rules | ||||||
22 | and regulations
for determining when placement in a private | ||||||
23 | special education facility
is appropriate. Such rules and | ||||||
24 | regulations shall take into account
the various types of | ||||||
25 | services needed by a child and the availability
of such | ||||||
26 | services to the particular child in the public school.
In |
| |||||||
| |||||||
1 | developing these rules and regulations the State Board of
| ||||||
2 | Education shall consult with the Advisory Council on
Education | ||||||
3 | of Children with Disabilities and hold public
hearings to | ||||||
4 | secure recommendations from parents, school personnel,
and | ||||||
5 | others concerned about this matter.
| ||||||
6 | The State Board of Education shall also promulgate rules | ||||||
7 | and
regulations for transportation to and from a residential | ||||||
8 | school.
Transportation to and from home to a residential | ||||||
9 | school more than once
each school term shall be subject to | ||||||
10 | prior approval by the State
Superintendent in accordance with | ||||||
11 | the rules and regulations of the State
Board.
| ||||||
12 | (i) A school district making tuition payments pursuant to | ||||||
13 | this
Section is eligible for reimbursement from the State for | ||||||
14 | the amount of
such payments actually made in excess of the | ||||||
15 | district per capita tuition
charge for students not receiving | ||||||
16 | special education services.
Such reimbursement shall be | ||||||
17 | approved in accordance with Section 14-12.01
and each district | ||||||
18 | shall file its claims, computed in accordance with rules
| ||||||
19 | prescribed by the State Board of Education, on forms | ||||||
20 | prescribed by the
State Superintendent of Education. Data used | ||||||
21 | as a basis of reimbursement
claims shall be for the preceding | ||||||
22 | regular school term and summer school
term. Each school | ||||||
23 | district shall transmit its claims to the State Board of | ||||||
24 | Education
on or before
August 15. The State Board of | ||||||
25 | Education, before approving any such claims,
shall determine | ||||||
26 | their accuracy and whether they are based upon services
and |
| |||||||
| |||||||
1 | facilities provided under approved programs. Upon approval the | ||||||
2 | State
Board shall cause vouchers to be prepared showing the | ||||||
3 | amount due
for payment of reimbursement claims to school
| ||||||
4 | districts, for transmittal to the State Comptroller on
the | ||||||
5 | 30th day of September, December, and March, respectively, and | ||||||
6 | the final
voucher, no later than June 20. If the
money | ||||||
7 | appropriated by the General Assembly for such purpose for any | ||||||
8 | year
is insufficient, it shall be apportioned on the basis of | ||||||
9 | the claims approved.
| ||||||
10 | (j) No child shall be placed in a special education | ||||||
11 | program pursuant to
this Section if the tuition cost for | ||||||
12 | special education and related
services increases more than 10 | ||||||
13 | percent over the tuition cost for the
previous school year or | ||||||
14 | exceeds $4,500 per year unless such costs have
been approved | ||||||
15 | by the Illinois Purchased Care Review Board. The
Illinois | ||||||
16 | Purchased Care Review Board shall consist of the following
| ||||||
17 | persons, or their designees: the Directors of Children and | ||||||
18 | Family
Services, Public Health,
Public Aid, and the
Governor's | ||||||
19 | Office of Management and Budget; the
Secretary of Human | ||||||
20 | Services; the State Superintendent of Education; and such
| ||||||
21 | other persons as the
Governor may designate. The Review Board | ||||||
22 | shall also consist of one non-voting member who is an | ||||||
23 | administrator of a
private, nonpublic, special education | ||||||
24 | school. The Review Board shall establish rules and
regulations | ||||||
25 | for its determination of allowable costs and payments made by
| ||||||
26 | local school districts for special education, room and board, |
| |||||||
| |||||||
1 | and other related
services provided by non-public schools or | ||||||
2 | special education facilities and
shall establish uniform | ||||||
3 | standards and criteria which it shall follow. The Review Board | ||||||
4 | shall approve the usual and customary rate or rates of a | ||||||
5 | special education program that (i) is offered by an | ||||||
6 | out-of-state, non-public provider of integrated autism | ||||||
7 | specific educational and autism specific residential services, | ||||||
8 | (ii) offers 2 or more levels of residential care, including at | ||||||
9 | least one locked facility, and (iii) serves 12 or fewer | ||||||
10 | Illinois students. | ||||||
11 | (k) In determining rates based on allowable costs, the | ||||||
12 | Review Board shall consider any wage increases awarded by the | ||||||
13 | General Assembly to front line personnel defined as direct | ||||||
14 | support persons, aides, front-line supervisors, qualified | ||||||
15 | intellectual disabilities professionals, nurses, and | ||||||
16 | non-administrative support staff working in service settings | ||||||
17 | in community-based settings within the State and adjust | ||||||
18 | customary rates or rates of a special education program to be | ||||||
19 | equitable to the wage increase awarded to similar staff | ||||||
20 | positions in a community residential setting. Any wage | ||||||
21 | increase awarded by the General Assembly to front line | ||||||
22 | personnel defined as direct support persons, aides, front-line | ||||||
23 | supervisors, qualified intellectual disabilities | ||||||
24 | professionals, nurses, and non-administrative support staff | ||||||
25 | working in community-based settings within the State, | ||||||
26 | including the $0.75 per hour increase contained in Public Act |
| |||||||
| |||||||
1 | 100-23 and the $0.50 per hour increase included in Public Act | ||||||
2 | 100-23, shall also be a basis for any facility covered by this | ||||||
3 | Section to appeal its rate before the Review Board under the | ||||||
4 | process defined in Title 89, Part 900, Section 340 of the | ||||||
5 | Illinois Administrative Code. Illinois Administrative Code | ||||||
6 | Title 89, Part 900, Section 342 shall be updated to recognize | ||||||
7 | wage increases awarded to community-based settings to be a | ||||||
8 | basis for appeal. However, any wage increase that is captured | ||||||
9 | upon appeal from a previous year shall not be counted by the | ||||||
10 | Review Board as revenue for the purpose of calculating a | ||||||
11 | facility's future rate. | ||||||
12 | (l) Any definition used by the Review Board in | ||||||
13 | administrative rule or policy to define "related | ||||||
14 | organizations" shall include any and all exceptions contained | ||||||
15 | in federal law or regulation as it pertains to the federal | ||||||
16 | definition of "related organizations".
| ||||||
17 | (m) The Review Board shall establish uniform definitions | ||||||
18 | and criteria for
accounting separately by special education, | ||||||
19 | room and board and other
related services costs. The Board | ||||||
20 | shall also establish guidelines for
the coordination of | ||||||
21 | services and financial assistance provided by all
State | ||||||
22 | agencies to assure that no otherwise qualified child with a | ||||||
23 | disability
receiving services under Article 14 shall be | ||||||
24 | excluded from participation
in, be denied the benefits of or | ||||||
25 | be subjected to discrimination under
any program or activity | ||||||
26 | provided by any State agency.
|
| |||||||
| |||||||
1 | (n) The Review Board shall review the costs for special | ||||||
2 | education and
related services provided by non-public schools | ||||||
3 | or special education
facilities and shall approve or | ||||||
4 | disapprove such facilities in accordance
with the rules and | ||||||
5 | regulations established by it with respect to
allowable costs.
| ||||||
6 | (o) The State Board of Education shall provide | ||||||
7 | administrative and staff support
for the Review Board as | ||||||
8 | deemed reasonable by the State Superintendent of
Education. | ||||||
9 | This support shall not include travel expenses or other
| ||||||
10 | compensation for any Review Board member other than the State | ||||||
11 | Superintendent of
Education.
| ||||||
12 | (p) The Review Board shall seek the advice of the Advisory | ||||||
13 | Council on
Education of Children with Disabilities on the | ||||||
14 | rules and
regulations to be
promulgated by it relative to | ||||||
15 | providing special education services.
| ||||||
16 | (q) If a child has been placed in a program in which the | ||||||
17 | actual per pupil costs
of tuition for special education and | ||||||
18 | related services based on program
enrollment, excluding room, | ||||||
19 | board and transportation costs, exceed $4,500 and
such costs | ||||||
20 | have been approved by the Review Board, the district shall pay | ||||||
21 | such
total costs which exceed $4,500. A district making such | ||||||
22 | tuition payments in
excess of $4,500 pursuant to this Section | ||||||
23 | shall be responsible for an amount in
excess of $4,500 equal to | ||||||
24 | the district per capita
tuition charge and shall be eligible | ||||||
25 | for reimbursement from the State for
the amount of such | ||||||
26 | payments actually made in excess of the districts per capita
|
| |||||||
| |||||||
1 | tuition charge for students not receiving special education | ||||||
2 | services.
| ||||||
3 | (r) If a child has been placed in an approved individual | ||||||
4 | program and the
tuition costs including room and board costs | ||||||
5 | have been approved by the
Review Board, then such room and | ||||||
6 | board costs shall be paid by the
appropriate State agency | ||||||
7 | subject to the provisions of Section 14-8.01 of
this Act. Room | ||||||
8 | and board costs not provided by a State agency other
than the | ||||||
9 | State Board of Education shall be provided by the State Board
| ||||||
10 | of Education on a current basis. In no event, however, shall | ||||||
11 | the
State's liability for funding of these tuition costs begin | ||||||
12 | until after
the legal obligations of third party payors have | ||||||
13 | been subtracted from
such costs. If the money appropriated by | ||||||
14 | the General Assembly for such
purpose for any year is | ||||||
15 | insufficient, it shall be apportioned on the
basis of the | ||||||
16 | claims approved. Each district shall submit estimated claims | ||||||
17 | to the State
Superintendent of Education. Upon approval of | ||||||
18 | such claims, the State
Superintendent of Education shall | ||||||
19 | direct the State Comptroller to make payments
on a monthly | ||||||
20 | basis. The frequency for submitting estimated
claims and the | ||||||
21 | method of determining payment shall be prescribed in rules
and | ||||||
22 | regulations adopted by the State Board of Education. Such | ||||||
23 | current state
reimbursement shall be reduced by an amount | ||||||
24 | equal to the proceeds which
the child or child's parents are | ||||||
25 | eligible to receive under any public or
private insurance or | ||||||
26 | assistance program. Nothing in this Section shall
be construed |
| |||||||
| |||||||
1 | as relieving an insurer or similar third party from an
| ||||||
2 | otherwise valid obligation to provide or to pay for services | ||||||
3 | provided to
a child with a disability.
| ||||||
4 | (s) If it otherwise qualifies, a school district is | ||||||
5 | eligible for the
transportation reimbursement under Section | ||||||
6 | 14-13.01 and for the
reimbursement of tuition payments under | ||||||
7 | this Section whether the
non-public school or special | ||||||
8 | education facility, public out-of-state
school or county | ||||||
9 | special education facility, attended by a child who
resides in | ||||||
10 | that district and requires special educational services, is
| ||||||
11 | within or outside of the State of Illinois. However, a | ||||||
12 | district is not
eligible to claim transportation reimbursement | ||||||
13 | under this Section unless
the district certifies to the State | ||||||
14 | Superintendent of Education that the
district is unable to | ||||||
15 | provide special educational services required by
the child for | ||||||
16 | the current school year.
| ||||||
17 | (t) Nothing in this Section authorizes the reimbursement | ||||||
18 | of a school
district for the amount paid for tuition of a child | ||||||
19 | attending a
non-public school or special education facility, | ||||||
20 | public out-of-state
school or county special education | ||||||
21 | facility unless the school district
certifies to the State | ||||||
22 | Superintendent of Education that the special
education program | ||||||
23 | of that district is unable to meet the needs of that child
| ||||||
24 | because of his disability and the State Superintendent of | ||||||
25 | Education finds
that the school district is in substantial | ||||||
26 | compliance with Section 14-4.01. However, if a child is |
| |||||||
| |||||||
1 | unilaterally placed by a State agency or any court in a | ||||||
2 | non-public school or special education facility, public | ||||||
3 | out-of-state school, or county special education facility, a | ||||||
4 | school district shall not be required to certify to the State | ||||||
5 | Superintendent of Education, for the purpose of tuition | ||||||
6 | reimbursement, that the special education program of that | ||||||
7 | district is unable to meet the needs of a child because of his | ||||||
8 | or her disability.
| ||||||
9 | (u) Any educational or related services provided, pursuant | ||||||
10 | to this
Section in a non-public school or special education | ||||||
11 | facility or a
special education facility owned and operated by | ||||||
12 | a county government
unit shall be at no cost to the parent or | ||||||
13 | guardian of the child.
However, current law and practices | ||||||
14 | relative to contributions by parents
or guardians for costs | ||||||
15 | other than educational or related services are
not affected by | ||||||
16 | this amendatory Act of 1978.
| ||||||
17 | (v) Reimbursement for children attending public school | ||||||
18 | residential facilities
shall be made in accordance with the | ||||||
19 | provisions of this Section.
| ||||||
20 | (w) Notwithstanding any other provision of law, any school | ||||||
21 | district
receiving a payment under this Section or under | ||||||
22 | Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||||||
23 | all or a portion of the funds that
it receives in a particular | ||||||
24 | fiscal year or from general State aid pursuant
to Section | ||||||
25 | 18-8.05 of this Code
as funds received in connection with any | ||||||
26 | funding program for which
it is entitled to receive funds from |
| |||||||
| |||||||
1 | the State in that fiscal year (including,
without limitation, | ||||||
2 | any funding program referenced in this Section),
regardless of | ||||||
3 | the source or timing of the receipt. The district may not
| ||||||
4 | classify more funds as funds received in connection with the | ||||||
5 | funding
program than the district is entitled to receive in | ||||||
6 | that fiscal year for that
program. Any
classification by a | ||||||
7 | district must be made by a resolution of its board of
| ||||||
8 | education. The resolution must identify the amount of any | ||||||
9 | payments or
general State aid to be classified under this | ||||||
10 | paragraph and must specify
the funding program to which the | ||||||
11 | funds are to be treated as received in
connection therewith. | ||||||
12 | This resolution is controlling as to the
classification of | ||||||
13 | funds referenced therein. A certified copy of the
resolution | ||||||
14 | must be sent to the State Superintendent of Education.
The | ||||||
15 | resolution shall still take effect even though a copy of the | ||||||
16 | resolution has
not been sent to the State
Superintendent of | ||||||
17 | Education in a timely manner.
No
classification under this | ||||||
18 | paragraph by a district shall affect the total amount
or | ||||||
19 | timing of money the district is entitled to receive under this | ||||||
20 | Code.
No classification under this paragraph by a district | ||||||
21 | shall
in any way relieve the district from or affect any
| ||||||
22 | requirements that otherwise would apply with respect to
that | ||||||
23 | funding program, including any
accounting of funds by source, | ||||||
24 | reporting expenditures by
original source and purpose,
| ||||||
25 | reporting requirements,
or requirements of providing services.
| ||||||
26 | (Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21; |
| |||||||
| |||||||
1 | 102-703, eff. 4-22-22.)
| ||||||
2 | (105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| ||||||
3 | Sec. 14-15.01. Community and Residential Services | ||||||
4 | Authority.
| ||||||
5 | (a) (1) The Community and Residential Services Authority | ||||||
6 | is
hereby created and shall consist of the following members:
| ||||||
7 | A representative of the State Board of Education;
| ||||||
8 | Four representatives of the Department of Human Services | ||||||
9 | appointed by the Secretary of Human Services,
with one member | ||||||
10 | from the Division of Community Health and
Prevention, one | ||||||
11 | member from the Division of Developmental Disabilities, one | ||||||
12 | member
from the Division of Mental Health, and one member from | ||||||
13 | the Division of
Rehabilitation Services;
| ||||||
14 | A representative of the Department of Children and Family | ||||||
15 | Services;
| ||||||
16 | A representative of the Department of Juvenile Justice;
| ||||||
17 | A representative of the Department of Healthcare and | ||||||
18 | Family Services;
| ||||||
19 | A representative of the Attorney General's Disability | ||||||
20 | Rights Advocacy
Division;
| ||||||
21 | The Chairperson and Minority Spokesperson of the House and | ||||||
22 | Senate
Committees on Elementary and Secondary Education or | ||||||
23 | their designees; and
| ||||||
24 | Six persons appointed by the Governor. Five of such
| ||||||
25 | appointees shall be experienced or knowledgeable relative to
|
| |||||||
| |||||||
1 | provision of services for individuals with a behavior
disorder
| ||||||
2 | or a severe emotional disturbance
and shall include | ||||||
3 | representatives of
both the private and public sectors, except | ||||||
4 | that no more than 2 of those 5
appointees may be from the | ||||||
5 | public sector and at least 2 must be or have been
directly | ||||||
6 | involved in provision of services to such individuals. The | ||||||
7 | remaining
member appointed by the Governor shall be or shall | ||||||
8 | have been a parent of an
individual with a
behavior disorder or | ||||||
9 | a severe emotional disturbance, and
that appointee may be from | ||||||
10 | either the private or the public sector.
| ||||||
11 | (2) Members appointed by the Governor shall be appointed | ||||||
12 | for terms
of 4 years and shall continue to serve until their | ||||||
13 | respective successors are
appointed; provided that the terms | ||||||
14 | of the original
appointees shall expire on August 1, 1990. Any | ||||||
15 | vacancy in the office of a
member appointed by the Governor | ||||||
16 | shall be filled by appointment of the
Governor for the | ||||||
17 | remainder of the term.
| ||||||
18 | A vacancy in the office of a member appointed by the | ||||||
19 | Governor exists when
one or more of the following events | ||||||
20 | occur:
| ||||||
21 | (i) An appointee dies;
| ||||||
22 | (ii) An appointee files a written resignation with the | ||||||
23 | Governor;
| ||||||
24 | (iii) An appointee ceases to be a legal resident of | ||||||
25 | the State of Illinois;
or
| ||||||
26 | (iv) An appointee fails to attend a majority of |
| |||||||
| |||||||
1 | regularly scheduled
Authority meetings in a fiscal year.
| ||||||
2 | Members who are representatives of an agency shall serve | ||||||
3 | at the will
of the agency head. Membership on the Authority | ||||||
4 | shall cease immediately
upon cessation of their affiliation | ||||||
5 | with the agency. If such a vacancy
occurs, the appropriate | ||||||
6 | agency head shall appoint another person to represent
the | ||||||
7 | agency.
| ||||||
8 | If a legislative member of the Authority ceases to be | ||||||
9 | Chairperson or
Minority Spokesperson of the designated | ||||||
10 | Committees, they shall
automatically be replaced on the | ||||||
11 | Authority by the person who assumes the
position of | ||||||
12 | Chairperson or Minority Spokesperson.
| ||||||
13 | (b) The Community and Residential Services Authority shall | ||||||
14 | have the
following powers and duties:
| ||||||
15 | (1) Serve as a Parent/Guardian Navigator Assistance | ||||||
16 | Program, to work directly with parents/guardians of youth | ||||||
17 | with behavioral health concerns to provide assistance | ||||||
18 | coordinating efforts with public agencies, including but | ||||||
19 | not limited to local school district, State Board of | ||||||
20 | Education, the Department of Human Services, Department of | ||||||
21 | Children and Family Services, the Department of Healthcare | ||||||
22 | and Family Services, Department of Public Health, and | ||||||
23 | Department of Juvenile Justice. To conduct surveys to | ||||||
24 | determine the extent of need, the degree to
which | ||||||
25 | documented need is currently being met and feasible | ||||||
26 | alternatives for
matching need with resources.
|
| |||||||
| |||||||
1 | (2) Work in conjunction with the new Care Portal and | ||||||
2 | Care Portal Team to utilize the centralized IT platform | ||||||
3 | for communication and case management, including | ||||||
4 | collaboration on the development of Portal training, | ||||||
5 | communications to the public, business processes for case | ||||||
6 | triage, assignment, and referral. To develop policy | ||||||
7 | statements for interagency cooperation to cover
all | ||||||
8 | aspects of service delivery, including laws, regulations | ||||||
9 | and
procedures, and clear guidelines for determining | ||||||
10 | responsibility at all times.
| ||||||
11 | (3) To develop and submit to the Governor, the General | ||||||
12 | Assembly, the Directors of the agencies represented on the | ||||||
13 | Authority, and State Board of Education a master plan for | ||||||
14 | operating the Parent/Guardian Navigator Assistance | ||||||
15 | Program, including how referrals are made, plan for | ||||||
16 | dispute relative to plans of service or funding for plans | ||||||
17 | of service, plans to include parents with lived experience | ||||||
18 | as peer supports. To recommend policy statements
and | ||||||
19 | provide information regarding effective programs for | ||||||
20 | delivery of
services to all individuals under 22 years of | ||||||
21 | age with a behavior disorder
or a severe emotional | ||||||
22 | disturbance in public or private situations.
| ||||||
23 | (4) (Blank). To review the criteria for service | ||||||
24 | eligibility, provision and
availability established by the | ||||||
25 | governmental agencies represented on this
Authority, and | ||||||
26 | to recommend changes, additions or deletions to such |
| |||||||
| |||||||
1 | criteria.
| ||||||
2 | (5) (Blank). To develop and submit to the Governor, | ||||||
3 | the General Assembly, the
Directors of the agencies | ||||||
4 | represented on the Authority, and the
State Board of | ||||||
5 | Education a master plan for individuals under 22 years of
| ||||||
6 | age with a
behavior disorder or a severe emotional | ||||||
7 | disturbance,
including
detailed plans of service ranging | ||||||
8 | from the least to the most
restrictive options; and to | ||||||
9 | assist local communities, upon request, in
developing
or | ||||||
10 | strengthening collaborative interagency networks.
| ||||||
11 | (6) (Blank). To develop a process for making | ||||||
12 | determinations in situations where
there is a dispute | ||||||
13 | relative to a plan of service for
individuals or funding | ||||||
14 | for a plan of service.
| ||||||
15 | (7) (Blank). To provide technical assistance to | ||||||
16 | parents, service consumers,
providers, and member agency | ||||||
17 | personnel regarding statutory responsibilities
of human | ||||||
18 | service and educational agencies, and to provide such | ||||||
19 | assistance
as deemed necessary to appropriately access | ||||||
20 | needed services.
| ||||||
21 | (8) (Blank). To establish a pilot program to act as a | ||||||
22 | residential research hub to research and identify | ||||||
23 | appropriate residential settings for youth who are being | ||||||
24 | housed in an emergency room for more than 72 hours or who | ||||||
25 | are deemed beyond medical necessity in a psychiatric | ||||||
26 | hospital. If a child is deemed beyond medical necessity in |
| |||||||
| |||||||
1 | a psychiatric hospital and is in need of residential | ||||||
2 | placement, the goal of the program is to prevent a | ||||||
3 | lock-out pursuant to the goals of the Custody | ||||||
4 | Relinquishment Prevention Act. | ||||||
5 | (c) (1) The members of the Authority shall receive no | ||||||
6 | compensation for
their services but shall be entitled to | ||||||
7 | reimbursement of reasonable
expenses incurred while performing | ||||||
8 | their duties.
| ||||||
9 | (2) The Authority may appoint special study groups to | ||||||
10 | operate under
the direction of the Authority and persons | ||||||
11 | appointed to such groups shall
receive only reimbursement of | ||||||
12 | reasonable expenses incurred in the
performance of their | ||||||
13 | duties.
| ||||||
14 | (3) The Authority shall elect from its membership a | ||||||
15 | chairperson,
vice-chairperson and secretary.
| ||||||
16 | (4) The Authority may employ and fix the compensation of
| ||||||
17 | such employees and technical assistants as it deems necessary | ||||||
18 | to carry out
its powers and duties under this Act. Staff | ||||||
19 | assistance for the Authority
shall be provided by the State | ||||||
20 | Board of Education.
| ||||||
21 | (5) Funds for the ordinary and contingent expenses of the | ||||||
22 | Authority
shall be appropriated to the State Board of | ||||||
23 | Education in a separate line item.
| ||||||
24 | (d) (1) The Authority shall have power to promulgate rules | ||||||
25 | and
regulations to carry out its powers and duties under this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (2) The Authority may accept monetary gifts or grants from | ||||||
2 | the federal
government or any agency thereof, from any | ||||||
3 | charitable foundation or
professional association or from any | ||||||
4 | other reputable source for
implementation of any program | ||||||
5 | necessary or desirable to the carrying out of
the general | ||||||
6 | purposes of the Authority. Such gifts and grants may be
held in | ||||||
7 | trust by the Authority and expended in the exercise of its | ||||||
8 | powers
and performance of its duties as prescribed by law.
| ||||||
9 | (3) The Authority shall submit an annual report of its | ||||||
10 | activities and
expenditures to the Governor, the General | ||||||
11 | Assembly, the
directors of agencies represented on the | ||||||
12 | Authority, and the State
Superintendent of Education , due | ||||||
13 | January 1 of each year .
| ||||||
14 | (e) The Executive Director of the Authority or his or her | ||||||
15 | designee shall be added as a participant on the Interagency | ||||||
16 | Clinical Team established in the intergovernmental agreement | ||||||
17 | among the Department of Healthcare and Family Services, the | ||||||
18 | Department of Children and Family Services, the Department of | ||||||
19 | Human Services, the State Board of Education, the Department | ||||||
20 | of Juvenile Justice, and the Department of Public Health, with | ||||||
21 | consent of the youth or the youth's guardian or family | ||||||
22 | pursuant to the Custody Relinquishment Prevention Act. | ||||||
23 | (Source: P.A. 102-43, eff. 7-6-21.)
| ||||||
24 | Section 25. The Illinois Public Aid Code is amended by | ||||||
25 | changing Section 5-30.1 as follows: |
| |||||||
| |||||||
1 | (305 ILCS 5/5-30.1) | ||||||
2 | Sec. 5-30.1. Managed care protections. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Managed care organization" or "MCO" means any entity | ||||||
5 | which contracts with the Department to provide services where | ||||||
6 | payment for medical services is made on a capitated basis. | ||||||
7 | "Emergency services" include: | ||||||
8 | (1) emergency services, as defined by Section 10 of | ||||||
9 | the Managed Care Reform and Patient Rights Act; | ||||||
10 | (2) emergency medical screening examinations, as | ||||||
11 | defined by Section 10 of the Managed Care Reform and | ||||||
12 | Patient Rights Act; | ||||||
13 | (3) post-stabilization medical services, as defined by | ||||||
14 | Section 10 of the Managed Care Reform and Patient Rights | ||||||
15 | Act; and | ||||||
16 | (4) emergency medical conditions, as defined by
| ||||||
17 | Section 10 of the Managed Care Reform and Patient Rights
| ||||||
18 | Act. | ||||||
19 | (b) As provided by Section 5-16.12, managed care | ||||||
20 | organizations are subject to the provisions of the Managed | ||||||
21 | Care Reform and Patient Rights Act. | ||||||
22 | (c) An MCO shall pay any provider of emergency services | ||||||
23 | that does not have in effect a contract with the contracted | ||||||
24 | Medicaid MCO. The default rate of reimbursement shall be the | ||||||
25 | rate paid under Illinois Medicaid fee-for-service program |
| |||||||
| |||||||
1 | methodology, including all policy adjusters, including but not | ||||||
2 | limited to Medicaid High Volume Adjustments, Medicaid | ||||||
3 | Percentage Adjustments, Outpatient High Volume Adjustments, | ||||||
4 | and all outlier add-on adjustments to the extent such | ||||||
5 | adjustments are incorporated in the development of the | ||||||
6 | applicable MCO capitated rates. | ||||||
7 | (d) An MCO shall pay for all post-stabilization services | ||||||
8 | as a covered service in any of the following situations: | ||||||
9 | (1) the MCO authorized such services; | ||||||
10 | (2) such services were administered to maintain the | ||||||
11 | enrollee's stabilized condition within one hour after a | ||||||
12 | request to the MCO for authorization of further | ||||||
13 | post-stabilization services; | ||||||
14 | (3) the MCO did not respond to a request to authorize | ||||||
15 | such services within one hour; | ||||||
16 | (4) the MCO could not be contacted; or | ||||||
17 | (5) the MCO and the treating provider, if the treating | ||||||
18 | provider is a non-affiliated provider, could not reach an | ||||||
19 | agreement concerning the enrollee's care and an affiliated | ||||||
20 | provider was unavailable for a consultation, in which case | ||||||
21 | the MCO
must pay for such services rendered by the | ||||||
22 | treating non-affiliated provider until an affiliated | ||||||
23 | provider was reached and either concurred with the | ||||||
24 | treating non-affiliated provider's plan of care or assumed | ||||||
25 | responsibility for the enrollee's care. Such payment shall | ||||||
26 | be made at the default rate of reimbursement paid under |
| |||||||
| |||||||
1 | Illinois Medicaid fee-for-service program methodology, | ||||||
2 | including all policy adjusters, including but not limited | ||||||
3 | to Medicaid High Volume Adjustments, Medicaid Percentage | ||||||
4 | Adjustments, Outpatient High Volume Adjustments and all | ||||||
5 | outlier add-on adjustments to the extent that such | ||||||
6 | adjustments are incorporated in the development of the | ||||||
7 | applicable MCO capitated rates. | ||||||
8 | (e) The following requirements apply to MCOs in | ||||||
9 | determining payment for all emergency services: | ||||||
10 | (1) MCOs shall not impose any requirements for prior | ||||||
11 | approval of emergency services. | ||||||
12 | (2) The MCO shall cover emergency services provided to | ||||||
13 | enrollees who are temporarily away from their residence | ||||||
14 | and outside the contracting area to the extent that the | ||||||
15 | enrollees would be entitled to the emergency services if | ||||||
16 | they still were within the contracting area. | ||||||
17 | (3) The MCO shall have no obligation to cover medical | ||||||
18 | services provided on an emergency basis that are not | ||||||
19 | covered services under the contract. | ||||||
20 | (4) The MCO shall not condition coverage for emergency | ||||||
21 | services on the treating provider notifying the MCO of the | ||||||
22 | enrollee's screening and treatment within 10 days after | ||||||
23 | presentation for emergency services. | ||||||
24 | (5) The determination of the attending emergency | ||||||
25 | physician, or the provider actually treating the enrollee, | ||||||
26 | of whether an enrollee is sufficiently stabilized for |
| |||||||
| |||||||
1 | discharge or transfer to another facility, shall be | ||||||
2 | binding on the MCO. The MCO shall cover emergency services | ||||||
3 | for all enrollees whether the emergency services are | ||||||
4 | provided by an affiliated or non-affiliated provider. | ||||||
5 | (6) The MCO's financial responsibility for | ||||||
6 | post-stabilization care services it has not pre-approved | ||||||
7 | ends when: | ||||||
8 | (A) a plan physician with privileges at the | ||||||
9 | treating hospital assumes responsibility for the | ||||||
10 | enrollee's care; | ||||||
11 | (B) a plan physician assumes responsibility for | ||||||
12 | the enrollee's care through transfer; | ||||||
13 | (C) a contracting entity representative and the | ||||||
14 | treating physician reach an agreement concerning the | ||||||
15 | enrollee's care; or | ||||||
16 | (D) the enrollee is discharged. | ||||||
17 | (f) Network adequacy and transparency. | ||||||
18 | (1) The Department shall: | ||||||
19 | (A) ensure that an adequate provider network is in | ||||||
20 | place, taking into consideration health professional | ||||||
21 | shortage areas and medically underserved areas; | ||||||
22 | (B) publicly release an explanation of its process | ||||||
23 | for analyzing network adequacy; | ||||||
24 | (C) periodically ensure that an MCO continues to | ||||||
25 | have an adequate network in place; | ||||||
26 | (D) require MCOs, including Medicaid Managed Care |
| |||||||
| |||||||
1 | Entities as defined in Section 5-30.2, to meet | ||||||
2 | provider directory requirements under Section 5-30.3; | ||||||
3 | (E) require MCOs to ensure that any | ||||||
4 | Medicaid-certified provider
under contract with an MCO | ||||||
5 | and previously submitted on a roster on the date of | ||||||
6 | service is
paid for any medically necessary, | ||||||
7 | Medicaid-covered, and authorized service rendered to
| ||||||
8 | any of the MCO's enrollees, regardless of inclusion on
| ||||||
9 | the MCO's published and publicly available directory | ||||||
10 | of
available providers; and | ||||||
11 | (F) require MCOs, including Medicaid Managed Care | ||||||
12 | Entities as defined in Section 5-30.2, to meet each of | ||||||
13 | the requirements under subsection (d-5) of Section 10 | ||||||
14 | of the Network Adequacy and Transparency Act; with | ||||||
15 | necessary exceptions to the MCO's network to ensure | ||||||
16 | that admission and treatment with a provider or at a | ||||||
17 | treatment facility in accordance with the network | ||||||
18 | adequacy standards in paragraph (3) of subsection | ||||||
19 | (d-5) of Section 10 of the Network Adequacy and | ||||||
20 | Transparency Act is limited to providers or facilities | ||||||
21 | that are Medicaid certified. | ||||||
22 | (2) Each MCO shall confirm its receipt of information | ||||||
23 | submitted specific to physician or dentist additions or | ||||||
24 | physician or dentist deletions from the MCO's provider | ||||||
25 | network within 3 days after receiving all required | ||||||
26 | information from contracted physicians or dentists, and |
| |||||||
| |||||||
1 | electronic physician and dental directories must be | ||||||
2 | updated consistent with current rules as published by the | ||||||
3 | Centers for Medicare and Medicaid Services or its | ||||||
4 | successor agency. | ||||||
5 | (g) Timely payment of claims. | ||||||
6 | (1) The MCO shall pay a claim within 30 days of | ||||||
7 | receiving a claim that contains all the essential | ||||||
8 | information needed to adjudicate the claim. | ||||||
9 | (2) The MCO shall notify the billing party of its | ||||||
10 | inability to adjudicate a claim within 30 days of | ||||||
11 | receiving that claim. | ||||||
12 | (3) The MCO shall pay a penalty that is at least equal | ||||||
13 | to the timely payment interest penalty imposed under | ||||||
14 | Section 368a of the Illinois Insurance Code for any claims | ||||||
15 | not timely paid. | ||||||
16 | (A) When an MCO is required to pay a timely payment | ||||||
17 | interest penalty to a provider, the MCO must calculate | ||||||
18 | and pay the timely payment interest penalty that is | ||||||
19 | due to the provider within 30 days after the payment of | ||||||
20 | the claim. In no event shall a provider be required to | ||||||
21 | request or apply for payment of any owed timely | ||||||
22 | payment interest penalties. | ||||||
23 | (B) Such payments shall be reported separately | ||||||
24 | from the claim payment for services rendered to the | ||||||
25 | MCO's enrollee and clearly identified as interest | ||||||
26 | payments. |
| |||||||
| |||||||
1 | (4)(A) The Department shall require MCOs to expedite | ||||||
2 | payments to providers identified on the Department's | ||||||
3 | expedited provider list, determined in accordance with 89 | ||||||
4 | Ill. Adm. Code 140.71(b), on a schedule at least as | ||||||
5 | frequently as the providers are paid under the | ||||||
6 | Department's fee-for-service expedited provider schedule. | ||||||
7 | (B) Compliance with the expedited provider requirement | ||||||
8 | may be satisfied by an MCO through the use of a Periodic | ||||||
9 | Interim Payment (PIP) program that has been mutually | ||||||
10 | agreed to and documented between the MCO and the provider, | ||||||
11 | if the PIP program ensures that any expedited provider | ||||||
12 | receives regular and periodic payments based on prior | ||||||
13 | period payment experience from that MCO. Total payments | ||||||
14 | under the PIP program may be reconciled against future PIP | ||||||
15 | payments on a schedule mutually agreed to between the MCO | ||||||
16 | and the provider. | ||||||
17 | (C) The Department shall share at least monthly its | ||||||
18 | expedited provider list and the frequency with which it | ||||||
19 | pays providers on the expedited list. | ||||||
20 | (g-5) Recognizing that the rapid transformation of the | ||||||
21 | Illinois Medicaid program may have unintended operational | ||||||
22 | challenges for both payers and providers: | ||||||
23 | (1) in no instance shall a medically necessary covered | ||||||
24 | service rendered in good faith, based upon eligibility | ||||||
25 | information documented by the provider, be denied coverage | ||||||
26 | or diminished in payment amount if the eligibility or |
| |||||||
| |||||||
1 | coverage information available at the time the service was | ||||||
2 | rendered is later found to be inaccurate in the assignment | ||||||
3 | of coverage responsibility between MCOs or the | ||||||
4 | fee-for-service system, except for instances when an | ||||||
5 | individual is deemed to have not been eligible for | ||||||
6 | coverage under the Illinois Medicaid program; and | ||||||
7 | (2) the Department shall, by December 31, 2016, adopt | ||||||
8 | rules establishing policies that shall be included in the | ||||||
9 | Medicaid managed care policy and procedures manual | ||||||
10 | addressing payment resolutions in situations in which a | ||||||
11 | provider renders services based upon information obtained | ||||||
12 | after verifying a patient's eligibility and coverage plan | ||||||
13 | through either the Department's current enrollment system | ||||||
14 | or a system operated by the coverage plan identified by | ||||||
15 | the patient presenting for services: | ||||||
16 | (A) such medically necessary covered services | ||||||
17 | shall be considered rendered in good faith; | ||||||
18 | (B) such policies and procedures shall be | ||||||
19 | developed in consultation with industry | ||||||
20 | representatives of the Medicaid managed care health | ||||||
21 | plans and representatives of provider associations | ||||||
22 | representing the majority of providers within the | ||||||
23 | identified provider industry; and | ||||||
24 | (C) such rules shall be published for a review and | ||||||
25 | comment period of no less than 30 days on the | ||||||
26 | Department's website with final rules remaining |
| |||||||
| |||||||
1 | available on the Department's website. | ||||||
2 | The rules on payment resolutions shall include, but | ||||||
3 | not be limited to: | ||||||
4 | (A) the extension of the timely filing period; | ||||||
5 | (B) retroactive prior authorizations; and | ||||||
6 | (C) guaranteed minimum payment rate of no less | ||||||
7 | than the current, as of the date of service, | ||||||
8 | fee-for-service rate, plus all applicable add-ons, | ||||||
9 | when the resulting service relationship is out of | ||||||
10 | network. | ||||||
11 | The rules shall be applicable for both MCO coverage | ||||||
12 | and fee-for-service coverage. | ||||||
13 | If the fee-for-service system is ultimately determined to | ||||||
14 | have been responsible for coverage on the date of service, the | ||||||
15 | Department shall provide for an extended period for claims | ||||||
16 | submission outside the standard timely filing requirements. | ||||||
17 | (g-6) MCO Performance Metrics Report. | ||||||
18 | (1) The Department shall publish, on at least a | ||||||
19 | quarterly basis, each MCO's operational performance, | ||||||
20 | including, but not limited to, the following categories of | ||||||
21 | metrics: | ||||||
22 | (A) claims payment, including timeliness and | ||||||
23 | accuracy; | ||||||
24 | (B) prior authorizations; | ||||||
25 | (C) grievance and appeals; | ||||||
26 | (D) utilization statistics; |
| |||||||
| |||||||
1 | (E) provider disputes; | ||||||
2 | (F) provider credentialing; and | ||||||
3 | (G) member and provider customer service. | ||||||
4 | (2) The Department shall ensure that the metrics | ||||||
5 | report is accessible to providers online by January 1, | ||||||
6 | 2017. | ||||||
7 | (3) The metrics shall be developed in consultation | ||||||
8 | with industry representatives of the Medicaid managed care | ||||||
9 | health plans and representatives of associations | ||||||
10 | representing the majority of providers within the | ||||||
11 | identified industry. | ||||||
12 | (4) Metrics shall be defined and incorporated into the | ||||||
13 | applicable Managed Care Policy Manual issued by the | ||||||
14 | Department. | ||||||
15 | (g-7) MCO claims processing and performance analysis. In | ||||||
16 | order to monitor MCO payments to hospital providers, pursuant | ||||||
17 | to Public Act 100-580, the Department shall post an analysis | ||||||
18 | of MCO claims processing and payment performance on its | ||||||
19 | website every 6 months. Such analysis shall include a review | ||||||
20 | and evaluation of a representative sample of hospital claims | ||||||
21 | that are rejected and denied for clean and unclean claims and | ||||||
22 | the top 5 reasons for such actions and timeliness of claims | ||||||
23 | adjudication, which identifies the percentage of claims | ||||||
24 | adjudicated within 30, 60, 90, and over 90 days, and the dollar | ||||||
25 | amounts associated with those claims. | ||||||
26 | (g-8) Dispute resolution process. The Department shall |
| |||||||
| |||||||
1 | maintain a provider complaint portal through which a provider | ||||||
2 | can submit to the Department unresolved disputes with an MCO. | ||||||
3 | An unresolved dispute means an MCO's decision that denies in | ||||||
4 | whole or in part a claim for reimbursement to a provider for | ||||||
5 | health care services rendered by the provider to an enrollee | ||||||
6 | of the MCO with which the provider disagrees. Disputes shall | ||||||
7 | not be submitted to the portal until the provider has availed | ||||||
8 | itself of the MCO's internal dispute resolution process. | ||||||
9 | Disputes that are submitted to the MCO internal dispute | ||||||
10 | resolution process may be submitted to the Department of | ||||||
11 | Healthcare and Family Services' complaint portal no sooner | ||||||
12 | than 30 days after submitting to the MCO's internal process | ||||||
13 | and not later than 30 days after the unsatisfactory resolution | ||||||
14 | of the internal MCO process or 60 days after submitting the | ||||||
15 | dispute to the MCO internal process. Multiple claim disputes | ||||||
16 | involving the same MCO may be submitted in one complaint, | ||||||
17 | regardless of whether the claims are for different enrollees, | ||||||
18 | when the specific reason for non-payment of the claims | ||||||
19 | involves a common question of fact or policy. Within 10 | ||||||
20 | business days of receipt of a complaint, the Department shall | ||||||
21 | present such disputes to the appropriate MCO, which shall then | ||||||
22 | have 30 days to issue its written proposal to resolve the | ||||||
23 | dispute. The Department may grant one 30-day extension of this | ||||||
24 | time frame to one of the parties to resolve the dispute. If the | ||||||
25 | dispute remains unresolved at the end of this time frame or the | ||||||
26 | provider is not satisfied with the MCO's written proposal to |
| |||||||
| |||||||
1 | resolve the dispute, the provider may, within 30 days, request | ||||||
2 | the Department to review the dispute and make a final | ||||||
3 | determination. Within 30 days of the request for Department | ||||||
4 | review of the dispute, both the provider and the MCO shall | ||||||
5 | present all relevant information to the Department for | ||||||
6 | resolution and make individuals with knowledge of the issues | ||||||
7 | available to the Department for further inquiry if needed. | ||||||
8 | Within 30 days of receiving the relevant information on the | ||||||
9 | dispute, or the lapse of the period for submitting such | ||||||
10 | information, the Department shall issue a written decision on | ||||||
11 | the dispute based on contractual terms between the provider | ||||||
12 | and the MCO, contractual terms between the MCO and the | ||||||
13 | Department of Healthcare and Family Services and applicable | ||||||
14 | Medicaid policy. The decision of the Department shall be | ||||||
15 | final. By January 1, 2020, the Department shall establish by | ||||||
16 | rule further details of this dispute resolution process. | ||||||
17 | Disputes between MCOs and providers presented to the | ||||||
18 | Department for resolution are not contested cases, as defined | ||||||
19 | in Section 1-30 of the Illinois Administrative Procedure Act, | ||||||
20 | conferring any right to an administrative hearing. | ||||||
21 | (g-9)(1) The Department shall publish annually on its | ||||||
22 | website a report on the calculation of each managed care | ||||||
23 | organization's medical loss ratio showing the following: | ||||||
24 | (A) Premium revenue, with appropriate adjustments. | ||||||
25 | (B) Benefit expense, setting forth the aggregate | ||||||
26 | amount spent for the following: |
| |||||||
| |||||||
1 | (i) Direct paid claims. | ||||||
2 | (ii) Subcapitation payments. | ||||||
3 | (iii)
Other claim payments. | ||||||
4 | (iv)
Direct reserves. | ||||||
5 | (v)
Gross recoveries. | ||||||
6 | (vi)
Expenses for activities that improve health | ||||||
7 | care quality as allowed by the Department. | ||||||
8 | (2) The medical loss ratio shall be calculated consistent | ||||||
9 | with federal law and regulation following a claims runout | ||||||
10 | period determined by the Department. | ||||||
11 | (g-10)(1) "Liability effective date" means the date on | ||||||
12 | which an MCO becomes responsible for payment for medically | ||||||
13 | necessary and covered services rendered by a provider to one | ||||||
14 | of its enrollees in accordance with the contract terms between | ||||||
15 | the MCO and the provider. The liability effective date shall | ||||||
16 | be the later of: | ||||||
17 | (A) The execution date of a network participation | ||||||
18 | contract agreement. | ||||||
19 | (B) The date the provider or its representative | ||||||
20 | submits to the MCO the complete and accurate standardized | ||||||
21 | roster form for the provider in the format approved by the | ||||||
22 | Department. | ||||||
23 | (C) The provider effective date contained within the | ||||||
24 | Department's provider enrollment subsystem within the | ||||||
25 | Illinois Medicaid Program Advanced Cloud Technology | ||||||
26 | (IMPACT) System. |
| |||||||
| |||||||
1 | (2) The standardized roster form may be submitted to the | ||||||
2 | MCO at the same time that the provider submits an enrollment | ||||||
3 | application to the Department through IMPACT. | ||||||
4 | (3) By October 1, 2019, the Department shall require all | ||||||
5 | MCOs to update their provider directory with information for | ||||||
6 | new practitioners of existing contracted providers within 30 | ||||||
7 | days of receipt of a complete and accurate standardized roster | ||||||
8 | template in the format approved by the Department provided | ||||||
9 | that the provider is effective in the Department's provider | ||||||
10 | enrollment subsystem within the IMPACT system. Such provider | ||||||
11 | directory shall be readily accessible for purposes of | ||||||
12 | selecting an approved health care provider and comply with all | ||||||
13 | other federal and State requirements. | ||||||
14 | (g-11) The Department shall work with relevant | ||||||
15 | stakeholders on the development of operational guidelines to | ||||||
16 | enhance and improve operational performance of Illinois' | ||||||
17 | Medicaid managed care program, including, but not limited to, | ||||||
18 | improving provider billing practices, reducing claim | ||||||
19 | rejections and inappropriate payment denials, and | ||||||
20 | standardizing processes, procedures, definitions, and response | ||||||
21 | timelines, with the goal of reducing provider and MCO | ||||||
22 | administrative burdens and conflict. The Department shall | ||||||
23 | include a report on the progress of these program improvements | ||||||
24 | and other topics in its Fiscal Year 2020 annual report to the | ||||||
25 | General Assembly. | ||||||
26 | (g-12) Notwithstanding any other provision of law, if the
|
| |||||||
| |||||||
1 | Department or an MCO requires submission of a claim for | ||||||
2 | payment
in a non-electronic format, a provider shall always be | ||||||
3 | afforded
a period of no less than 90 business days, as a | ||||||
4 | correction
period, following any notification of rejection by | ||||||
5 | either the
Department or the MCO to correct errors or | ||||||
6 | omissions in the
original submission. | ||||||
7 | Under no circumstances, either by an MCO or under the
| ||||||
8 | State's fee-for-service system, shall a provider be denied
| ||||||
9 | payment for failure to comply with any timely submission
| ||||||
10 | requirements under this Code or under any existing contract,
| ||||||
11 | unless the non-electronic format claim submission occurs after
| ||||||
12 | the initial 180 days following the latest date of service on
| ||||||
13 | the claim, or after the 90 business days correction period
| ||||||
14 | following notification to the provider of rejection or denial
| ||||||
15 | of payment. | ||||||
16 | (h) The Department shall not expand mandatory MCO | ||||||
17 | enrollment into new counties beyond those counties already | ||||||
18 | designated by the Department as of June 1, 2014 for the | ||||||
19 | individuals whose eligibility for medical assistance is not | ||||||
20 | the seniors or people with disabilities population until the | ||||||
21 | Department provides an opportunity for accountable care | ||||||
22 | entities and MCOs to participate in such newly designated | ||||||
23 | counties. | ||||||
24 | (h-5) Leading indicator data sharing. By January 1, 2024, | ||||||
25 | the Department shall obtain input from the Department of Human | ||||||
26 | Services, the Department of Juvenile Justice, the Department |
| |||||||
| |||||||
1 | of Children and Family Services, the State Board of Education, | ||||||
2 | managed care organizations, providers, and clinical experts to | ||||||
3 | identify and analyze key indicators from assessments and data | ||||||
4 | sets available to the Department that can be shared with | ||||||
5 | managed care organizations and similar care coordination | ||||||
6 | entities contracted with the Department as leading indicators | ||||||
7 | for elevated behavioral health crisis risk for children. To | ||||||
8 | the extent permitted by State and federal law, the identified | ||||||
9 | leading indicators shall be shared with managed care | ||||||
10 | organizations and similar care coordination entities | ||||||
11 | contracted with the Department within 6 months of | ||||||
12 | identification for the purpose of improving care coordination | ||||||
13 | with the early detection of elevated risk. Leading indicators | ||||||
14 | shall be reassessed annually with stakeholder input. | ||||||
15 | (i) The requirements of this Section apply to contracts | ||||||
16 | with accountable care entities and MCOs entered into, amended, | ||||||
17 | or renewed after June 16, 2014 (the effective date of Public | ||||||
18 | Act 98-651).
| ||||||
19 | (j) Health care information released to managed care | ||||||
20 | organizations. A health care provider shall release to a | ||||||
21 | Medicaid managed care organization, upon request, and subject | ||||||
22 | to the Health Insurance Portability and Accountability Act of | ||||||
23 | 1996 and any other law applicable to the release of health | ||||||
24 | information, the health care information of the MCO's | ||||||
25 | enrollee, if the enrollee has completed and signed a general | ||||||
26 | release form that grants to the health care provider |
| |||||||
| |||||||
1 | permission to release the recipient's health care information | ||||||
2 | to the recipient's insurance carrier. | ||||||
3 | (k) The Department of Healthcare and Family Services, | ||||||
4 | managed care organizations, a statewide organization | ||||||
5 | representing hospitals, and a statewide organization | ||||||
6 | representing safety-net hospitals shall explore ways to | ||||||
7 | support billing departments in safety-net hospitals. | ||||||
8 | (l) The requirements of this Section added by Public Act | ||||||
9 | 102-4 shall apply to
services provided on or after the first | ||||||
10 | day of the month that
begins 60 days after April 27, 2021 (the | ||||||
11 | effective date of Public Act 102-4). | ||||||
12 | (Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; | ||||||
13 | 102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. | ||||||
14 | 8-20-21; 102-813, eff. 5-13-22.) | ||||||
15 | Section 30. The Juvenile Court Act of 1987 is amended by | ||||||
16 | changing Section 3-5 as follows: | ||||||
17 | (705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
| ||||||
18 | Sec. 3-5. Interim crisis intervention services. | ||||||
19 | (a) Any minor who
is taken into limited custody, or who | ||||||
20 | independently requests
or is referred for assistance, may be | ||||||
21 | provided crisis intervention services
by an agency or | ||||||
22 | association, as defined in this Act,
provided the association | ||||||
23 | or agency staff (i) immediately investigate the
circumstances | ||||||
24 | of the minor and the facts surrounding the minor being taken
|
| |||||||
| |||||||
1 | into custody and promptly explain these
facts and | ||||||
2 | circumstances to the minor, and (ii) make a reasonable effort
| ||||||
3 | to inform the minor's parent, guardian or custodian of the | ||||||
4 | fact that the
minor has been taken into limited custody and | ||||||
5 | where the minor is being
kept, and (iii) if the minor consents, | ||||||
6 | make a reasonable effort
to transport, arrange for the | ||||||
7 | transportation of, or otherwise release the
minor to the | ||||||
8 | parent, guardian or custodian. Upon release of the child who
| ||||||
9 | is believed to need or benefit from medical, psychological, | ||||||
10 | psychiatric
or social services, the association or agency may | ||||||
11 | inform the minor and the
person to whom the minor is released | ||||||
12 | of the nature and location of appropriate
services and shall, | ||||||
13 | if requested, assist in establishing contact between
the | ||||||
14 | family and other associations or agencies providing such | ||||||
15 | services. If the
agency or association is unable by all | ||||||
16 | reasonable efforts to contact a parent,
guardian or custodian, | ||||||
17 | or if the person contacted lives an unreasonable
distance | ||||||
18 | away, or if the minor refuses to be taken to his or her home
or | ||||||
19 | other appropriate residence, or if the agency or association | ||||||
20 | is otherwise
unable despite all reasonable efforts to make | ||||||
21 | arrangements for the safe
return of the minor, the minor may be | ||||||
22 | taken to a temporary living
arrangement which is in compliance | ||||||
23 | with the Child Care Act of 1969 or which
is with persons agreed | ||||||
24 | to by the parents and the agency or association.
| ||||||
25 | (b) An agency or association is authorized to permit a | ||||||
26 | minor to be sheltered
in a temporary living arrangement |
| |||||||
| |||||||
1 | provided the agency seeks to effect the
minor's return home or | ||||||
2 | alternative living arrangements agreeable to the
minor and the | ||||||
3 | parent, guardian , or custodian
as soon as practicable. No | ||||||
4 | minor shall be sheltered in a temporary living arrangement for | ||||||
5 | more than 21 days, unless the last day of the 21 days falls on | ||||||
6 | a Saturday, Sunday, or court-designated holiday. Throughout | ||||||
7 | such limited custody, the agency or association shall work | ||||||
8 | with the parent, guardian, or custodian and the minor's local | ||||||
9 | school district, the Department of Human Services, the | ||||||
10 | Department of Healthcare and Family Services, the Department | ||||||
11 | of Juvenile Justice, and the Department of Children and Family | ||||||
12 | Services to identify immediate and long-term treatment or | ||||||
13 | placement. 48 hours, excluding Saturdays, Sundays, and | ||||||
14 | court-designated holidays, when the agency has reported the | ||||||
15 | minor as neglected or abused because the parent, guardian, or | ||||||
16 | custodian refuses to permit the child to return home, provided | ||||||
17 | that in all other instances the minor may be sheltered when the | ||||||
18 | agency obtains the consent of the parent, guardian, or | ||||||
19 | custodian or documents its unsuccessful efforts to obtain the | ||||||
20 | consent or authority of the parent, guardian, or custodian, | ||||||
21 | including recording the date and the staff involved in all | ||||||
22 | telephone calls, telegrams, letters, and personal contacts to | ||||||
23 | obtain the consent or authority, in which instances the minor | ||||||
24 | may be so sheltered for not more than 21 days. If at any time | ||||||
25 | during the crisis intervention the parent, guardian , or | ||||||
26 | custodian refuses to
permit the minor to return home, and no |
| |||||||
| |||||||
1 | other living arrangement agreeable
to the parent, guardian, or | ||||||
2 | custodian can be made, and the parent, guardian, or custodian | ||||||
3 | has not made an attempt to locate any other appropriate living | ||||||
4 | arrangement for the child, the agency
or association shall | ||||||
5 | contact may deem the minor to be neglected and report the | ||||||
6 | neglect to the Department
of Children
and Family Services as | ||||||
7 | provided in the Abused and Neglected Child Reporting
Act. The
| ||||||
8 | Child Protective Service Unit of the Department of Children | ||||||
9 | and Family Services
shall
begin an investigation of the report | ||||||
10 | within 24 hours after receiving the report
and shall
determine | ||||||
11 | whether to
file a petition alleging that the minor is | ||||||
12 | neglected or abused as
described in Section 2-3 of this Act. | ||||||
13 | Subject to appropriation, the Department may take the minor | ||||||
14 | into temporary protective custody at any time after receiving | ||||||
15 | the report, provided that the Department shall take temporary | ||||||
16 | protective custody within 48 hours of receiving the report if | ||||||
17 | its investigation is not completed. If the Department of | ||||||
18 | Children and Family Services determines that the minor is not | ||||||
19 | a neglected minor because the minor is an immediate physical | ||||||
20 | danger to himself, herself, or others living in the home, then | ||||||
21 | the Department shall take immediate steps to either secure the | ||||||
22 | minor's immediate admission to a mental health facility, | ||||||
23 | arrange for law enforcement authorities to take temporary | ||||||
24 | custody of the minor as a delinquent minor, or take other | ||||||
25 | appropriate action to assume protective custody in order to | ||||||
26 | safeguard the minor or others living in the home from |
| |||||||
| |||||||
1 | immediate physical danger.
| ||||||
2 | (c) Any agency or association or employee thereof acting | ||||||
3 | reasonably and
in good faith in the care of a minor being | ||||||
4 | provided interim crisis
intervention services and shelter care | ||||||
5 | shall be immune from any civil or
criminal liability resulting | ||||||
6 | from such care.
| ||||||
7 | (Source: P.A. 95-443, eff. 1-1-08.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|