SB3367 103RD GENERAL ASSEMBLY

LRB103 37280 KTG 67401 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3367

Introduced 2/7/2024, by Sen. Lakesia Collins

SYNOPSIS AS INTRODUCED:

20 ILCS 505/9.1	from Ch. 23, par. 5009.1
20 ILCS 505/9.3	from Ch. 23, par. 5009.3

Amends the Children and Family Services Act. In a provision concerning children accepted for care and training under the Juvenile Court Act of 1987 or through a voluntary placement agreement, provides that the parents or guardians of such children (rather than the parents or guardians of the estates of such children) shall only be liable for the sums representing the charges for such care and training. Requires the Department of Children and Family Services to establish a standard by which the ability of parents or guardians to pay for the care and training of the child shall be measured on an individual basis. Requires such standards and rules to provide: (i) that no liability exists if the family's annual income is under $100,000 or 400% of the federal poverty guidelines, whichever is greater; and (ii) that any liability shall not be contrary to the best interests of the child and shall not negatively impact the family's ability to participate in services to achieve reunification or in parent or child visitation. Requires the Department to adopt rules no later than July 1, 2025. In a provision concerning the referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services, provides that such cases shall only be referred if the Department of Children and Family Services has conducted a thorough individualized review of the family's circumstances, including, but not limited to, the impact the referral may have on the child's best interest and the ability to achieve permanency or participate in visitation. In a provision concerning liability for parents or guardians who make false written declarations to the Department concerning their income or ability to pay for their children's Department-sponsored care and training, provides that such parents and guardians will be liable to Department to the extent liability is consistent with the standards and rules set forth in the amendatory Act.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Children and Family Services Act is amended by changing Sections 9.1 and 9.3 as follows:

(20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)

Sec. 9.1. The parents or guardians of the estates of children accepted for care and training under the Juvenile Court Act or the Juvenile Court Act of 1987, or through a voluntary placement agreement with the parents or guardians shall only be liable for the payment to the Department, or to a licensed or approved child care facility designated by the Department of sums representing charges for the care and training of those children at a rate to be determined by the Department if the Department has conducted a thorough individual review of the circumstances. The Department shall establish a standard by which the ability of parents or guardians to pay for the care and training of the child shall be measured on an individual basis the ability of parents or guardians to pay for the care and training of their children, and shall implement the standard by rules governing its application. The standard and rules shall provide that no liability exists if the family's annual income is under $100,000 or 400% of the federal poverty guidelines, whichever is greater. The standard and the rules shall take into account ability to pay as measured by annual income and family size. The standards and rules shall provide that any liability shall not be contrary to the best interests of the child and shall not negatively impact the family's ability to participate in services to achieve reunification or in parent or child visitation. Medical or other treatment provided on behalf of the family may also be taken into account in determining ability to pay if the Department concludes that such treatment is appropriate. The Department shall adopt rules to implement this provision no later than July 1, 2025.

In addition, the Department may provide by rule for referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services under Title IV-D of the Social Security Act. Cases shall only be so referred if the Department has conducted a thorough individualized review of the family's circumstances, including, but not limited to, the impact the referral may have on the child's best interest and the ability to achieve permanency or participate in visitation. The Department shall consider "good cause" as defined in regulations promulgated under Title IV-A of the Social Security Act, among other criteria, when determining whether to refer a case and, upon referral, the parent or guardian of the estate of a child who is receiving Title IV-E foster care maintenance payments shall be deemed to have made an assignment to the Department of any and all rights, title and interest in any support obligation on behalf of a child. The rights to support assigned to the Department shall constitute an obligation owed the State by the person who is responsible for providing the support, and shall be collectible under all applicable processes.

The acceptance of children for services or care shall not be limited or conditioned in any manner on the financial status or ability of parents or guardians to make such payments.

(Source: P.A. 95-331, eff. 8-21-07.)

(20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)

Sec. 9.3. Declarations by parents and guardians. Information requested of parents and guardians shall be submitted on forms or questionnaires prescribed by the Department or units of local government as the case may be and shall contain a written declaration to be signed by the parent or guardian in substantially the following form:

"I declare under penalties of perjury that I have examined this form or questionnaire and all accompanying statements or documents pertaining to my income, or any other matter having bearing upon my status and ability to provide payment for care and training of my child, and to the best of my knowledge and belief the information supplied is true, correct, and complete".

A person who makes and subscribes a form or questionnaire which contains, as herein above provided, a written declaration that it is made under the penalties of perjury, knowing it to be false, incorrect or incomplete, in respect to any material statement or representative bearing upon the parent's or guardian's status as a parent or guardian, or upon the parent's or guardian's income, resources, or other matter concerning the parent's or guardian's ability to provide parental payment, shall be subject to the penalties for perjury provided for in Section 32-2 of the Criminal Code of 2012.

Parents who refuse to provide such information after three written requests from the Department will be liable to the extent liability is consistent with those standards and rules described in Section 9.1 for the full cost of care provided, from the commencement of such care until the required information is received.

(Source: P.A. 103-22, eff. 8-8-23.)