103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3697

 

Introduced 2/9/2024, by Sen. Dale Fowler

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Children and Family Services Act. Requires the Department of Children and Family Services to coordinate the services of multidisciplinary child protection investigation teams to respond to child sexual abuse and sex trafficking reports made to the Department. Provides that at least one multidisciplinary child protection investigation team shall be organized in each county. Requires the State's Attorney of each county to annually report to the General Assembly on the status and progress of the team in the State's Attorney's county. Contains provisions concerning the establishment of a procedure and format for data collection; the composition of each multidisciplinary child protection investigation team; child sex abuse and sex trafficking investigations; supportive services referrals and psychological treatment for trafficked children and their families; and other matters. Requires the Department to work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to child welfare agencies in the identification, intervention, prevention, and treatment of human trafficking victims. Extends foster care and related services to person under the age of 23. Amends the Illinois State Police Law. Requires the Illinois State Police to develop and deliver a course of instruction designed for Departments, agencies, or associations that are likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Amends the Child Care Act of 1969. Adds to the list of facilities regulated under the Act, residential facilities that provide specialized comprehensive treatment and support services to children and youth who are identified as victims of sex trafficking. Amends the Unified Code of Corrections. Requires moneys in the Specialized Services for Survivors of Human Trafficking Fund to be used to provide medical care, mental health and substance abuse care, nutritional counseling, job training, transportation, and other basic human needs to victims of prostitution and human trafficking. Makes other conforming changes related to extended foster care. Effective immediately.


LRB103 36730 KTG 66840 b

 

 

A BILL FOR

 

SB3697LRB103 36730 KTG 66840 b

1    AN ACT concerning human trafficking victims.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Identification Card Act is amended
5by changing Section 12 as follows:
 
6    (15 ILCS 335/12)  (from Ch. 124, par. 32)
7    Sec. 12. Fees concerning standard Illinois Identification
8Cards. The fees required under this Act for standard Illinois
9Identification Cards must accompany any application provided
10for in this Act, and the Secretary shall collect such fees as
11follows:
12    a. Original card................................$20
13    b. Renewal card.................................20
14    c. Corrected card...............................10
15    d. Duplicate card...............................20
16    e. Certified copy with seal ....................5
17    f. (Blank)
18    g. Applicant 65 years of age or over ...........No Fee
19    h. (Blank)
20    i. Individual living in Veterans
21        Home or Hospital ...........................No Fee
22    j. Original card under 18 years of age..........$5
23    k. Renewal card under 18 years of age...........$5

 

 

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1    l. Corrected card under 18 years of age.........$5
2    m. Duplicate card under 18 years of age.........$5
3    n. Homeless person..............................No Fee
4    o. Duplicate card issued to an active-duty
5        member of the United States Armed Forces,
6        the member's spouse, or dependent
7        children living with the member.............No Fee
8    p. Duplicate temporary card.....................$5
9    q. First card issued to a youth
10        for whom the Department of Children
11        and Family Services is legally responsible
12        or a foster child upon turning the age of
13        16 years old until he or she reaches
14        the age of 23 21 years old................... No Fee
15    r. Original card issued to a committed
16        person upon release on parole,
17        mandatory supervised release,
18        aftercare release, final
19        discharge, or pardon from the
20        Department of Corrections or
21        Department of Juvenile Justice..............No Fee
22    s. Limited-term Illinois Identification
23        Card issued to a committed person
24        upon release on parole, mandatory
25        supervised release, aftercare
26        release, final discharge, or pardon

 

 

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1        from the Department of
2        Corrections or Department of
3        Juvenile Justice............................No Fee
4    t. Original card issued to a
5        person up to 14 days prior
6        to or upon conditional release
7        or absolute discharge from
8        the Department of Human Services............ No Fee
9    u. Limited-term Illinois Identification
10        Card issued to a person up to
11        14 days prior to or upon
12        conditional release or absolute discharge
13        from the Department of Human Services....... No Fee
14    All fees collected under this Act shall be paid into the
15Road Fund of the State treasury, except that the following
16amounts shall be paid into the General Revenue Fund: (i) 80% of
17the fee for an original, renewal, or duplicate Illinois
18Identification Card issued on or after January 1, 2005; and
19(ii) 80% of the fee for a corrected Illinois Identification
20Card issued on or after January 1, 2005.
21    An individual, who resides in a veterans home or veterans
22hospital operated by the State or federal government, who
23makes an application for an Illinois Identification Card to be
24issued at no fee, must submit, along with the application, an
25affirmation by the applicant on a form provided by the
26Secretary of State, that such person resides in a veterans

 

 

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1home or veterans hospital operated by the State or federal
2government.
3    The application of a homeless individual for an Illinois
4Identification Card to be issued at no fee must be accompanied
5by an affirmation by a qualified person, as defined in Section
64C of this Act, on a form provided by the Secretary of State,
7that the applicant is currently homeless as defined in Section
81A of this Act.
9    For the application for the first Illinois Identification
10Card of a youth for whom the Department of Children and Family
11Services is legally responsible or a foster child to be issued
12at no fee, the youth must submit, along with the application,
13an affirmation by his or her court appointed attorney or an
14employee of the Department of Children and Family Services on
15a form provided by the Secretary of State, that the person is a
16youth for whom the Department of Children and Family Services
17is legally responsible or a foster child.
18    The fee for any duplicate identification card shall be
19waived for any person who presents the Secretary of State's
20Office with a police report showing that his or her
21identification card was stolen.
22    The fee for any duplicate identification card shall be
23waived for any person age 60 or older whose identification
24card has been lost or stolen.
25    As used in this Section, "active-duty member of the United
26States Armed Forces" means a member of the Armed Services or

 

 

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1Reserve Forces of the United States or a member of the Illinois
2National Guard who is called to active duty pursuant to an
3executive order of the President of the United States, an act
4of the Congress of the United States, or an order of the
5Governor.
6(Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
7100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
81-1-20.)
 
9    Section 10. The Children and Family Services Act is
10amended by changing Section 5 and by adding Sections 5.06 and
115.07 as follows:
 
12    (20 ILCS 505/5)
13    Sec. 5. Direct child welfare services; Department of
14Children and Family Services. To provide direct child welfare
15services when not available through other public or private
16child care or program facilities.
17    (a) For purposes of this Section:
18        (1) "Children" means persons found within the State
19    who are under the age of 18 years. The term also includes
20    persons under age 23 21 who:
21            (A) were committed to the Department pursuant to
22        the Juvenile Court Act or the Juvenile Court Act of
23        1987 and who continue under the jurisdiction of the
24        court; or

 

 

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1            (B) were accepted for care, service and training
2        by the Department prior to the age of 18 and whose best
3        interest in the discretion of the Department would be
4        served by continuing that care, service and training
5        because of severe emotional disturbances, physical
6        disability, social adjustment or any combination
7        thereof, or because of the need to complete an
8        educational or vocational training program, or because
9        the person was involved in commercial sexual
10        exploitation such as prostitution, human trafficking,
11        escort services, pornography, dancing, or working in a
12        strip club or gentlemen's club, or in other activities
13        described in the federal definition of "severe forms
14        of trafficking in persons" at 22 U.S.C. 7102(11)(A).
15        (2) "Homeless youth" means persons found within the
16    State who are under the age of 19, are not in a safe and
17    stable living situation and cannot be reunited with their
18    families.
19        (3) "Child welfare services" means public social
20    services which are directed toward the accomplishment of
21    the following purposes:
22            (A) protecting and promoting the health, safety
23        and welfare of children, including homeless,
24        dependent, or neglected children;
25            (B) remedying, or assisting in the solution of
26        problems which may result in, the neglect, abuse,

 

 

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1        exploitation, or delinquency of children;
2            (C) preventing the unnecessary separation of
3        children from their families by identifying family
4        problems, assisting families in resolving their
5        problems, and preventing the breakup of the family
6        where the prevention of child removal is desirable and
7        possible when the child can be cared for at home
8        without endangering the child's health and safety;
9            (D) restoring to their families children who have
10        been removed, by the provision of services to the
11        child and the families when the child can be cared for
12        at home without endangering the child's health and
13        safety;
14            (E) placing children in suitable permanent family
15        arrangements, through guardianship or adoption, in
16        cases where restoration to the birth family is not
17        safe, possible, or appropriate;
18            (F) at the time of placement, conducting
19        concurrent planning, as described in subsection (l-1)
20        of this Section, so that permanency may occur at the
21        earliest opportunity. Consideration should be given so
22        that if reunification fails or is delayed, the
23        placement made is the best available placement to
24        provide permanency for the child;
25            (G) (blank);
26            (H) (blank); and

 

 

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1            (I) placing and maintaining children in facilities
2        that provide separate living quarters for children
3        under the age of 18 and for children 18 years of age
4        and older, unless a child 18 years of age is in the
5        last year of high school education or vocational
6        training, in an approved individual or group treatment
7        program, in a licensed shelter facility, or secure
8        child care facility. The Department is not required to
9        place or maintain children:
10                (i) who are in a foster home, or
11                (ii) who are persons with a developmental
12            disability, as defined in the Mental Health and
13            Developmental Disabilities Code, or
14                (iii) who are female children who are
15            pregnant, pregnant and parenting, or parenting, or
16                (iv) who are siblings, in facilities that
17            provide separate living quarters for children 18
18            years of age and older and for children under 18
19            years of age.
20    (b) (Blank).
21    (b-5) The Department shall adopt rules to establish a
22process for all licensed residential providers in Illinois to
23submit data as required by the Department, if they contract or
24receive reimbursement for children's mental health, substance
25use, and developmental disability services from the Department
26of Human Services, the Department of Juvenile Justice, or the

 

 

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1Department of Healthcare and Family Services. The requested
2data must include, but is not limited to, capacity, staffing,
3and occupancy data for the purpose of establishing State need
4and placement availability.
5    All information collected, shared, or stored pursuant to
6this subsection shall be handled in accordance with all State
7and federal privacy laws and accompanying regulations and
8rules, including without limitation the federal Health
9Insurance Portability and Accountability Act of 1996 (Public
10Law 104-191) and the Mental Health and Developmental
11Disabilities Confidentiality Act.
12    (c) The Department shall establish and maintain
13tax-supported child welfare services and extend and seek to
14improve voluntary services throughout the State, to the end
15that services and care shall be available on an equal basis
16throughout the State to children requiring such services.
17    (d) The Director may authorize advance disbursements for
18any new program initiative to any agency contracting with the
19Department. As a prerequisite for an advance disbursement, the
20contractor must post a surety bond in the amount of the advance
21disbursement and have a purchase of service contract approved
22by the Department. The Department may pay up to 2 months
23operational expenses in advance. The amount of the advance
24disbursement shall be prorated over the life of the contract
25or the remaining months of the fiscal year, whichever is less,
26and the installment amount shall then be deducted from future

 

 

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1bills. Advance disbursement authorizations for new initiatives
2shall not be made to any agency after that agency has operated
3during 2 consecutive fiscal years. The requirements of this
4Section concerning advance disbursements shall not apply with
5respect to the following: payments to local public agencies
6for child day care services as authorized by Section 5a of this
7Act; and youth service programs receiving grant funds under
8Section 17a-4.
9    (e) (Blank).
10    (f) (Blank).
11    (g) The Department shall establish rules and regulations
12concerning its operation of programs designed to meet the
13goals of child safety and protection, family preservation,
14family reunification, and adoption, including, but not limited
15to:
16        (1) adoption;
17        (2) foster care;
18        (3) family counseling;
19        (4) protective services;
20        (5) (blank);
21        (6) homemaker service;
22        (7) return of runaway children;
23        (8) (blank);
24        (9) placement under Section 5-7 of the Juvenile Court
25    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
26    Court Act of 1987 in accordance with the federal Adoption

 

 

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1    Assistance and Child Welfare Act of 1980; and
2        (10) interstate services.
3    Rules and regulations established by the Department shall
4include provisions for training Department staff and the staff
5of Department grantees, through contracts with other agencies
6or resources, in screening techniques to identify substance
7use disorders, as defined in the Substance Use Disorder Act,
8approved by the Department of Human Services, as a successor
9to the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred for an assessment at an organization appropriately
12licensed by the Department of Human Services for substance use
13disorder treatment.
14    (h) If the Department finds that there is no appropriate
15program or facility within or available to the Department for
16a youth in care and that no licensed private facility has an
17adequate and appropriate program or none agrees to accept the
18youth in care, the Department shall create an appropriate
19individualized, program-oriented plan for such youth in care.
20The plan may be developed within the Department or through
21purchase of services by the Department to the extent that it is
22within its statutory authority to do.
23    (i) Service programs shall be available throughout the
24State and shall include but not be limited to the following
25services:
26        (1) case management;

 

 

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1        (2) homemakers;
2        (3) counseling;
3        (4) parent education;
4        (5) day care; and
5        (6) emergency assistance and advocacy.
6    In addition, the following services may be made available
7to assess and meet the needs of children and families:
8        (1) comprehensive family-based services;
9        (2) assessments;
10        (3) respite care; and
11        (4) in-home health services.
12    The Department shall provide transportation for any of the
13services it makes available to children or families or for
14which it refers children or families.
15    (j) The Department may provide categories of financial
16assistance and education assistance grants, and shall
17establish rules and regulations concerning the assistance and
18grants, to persons who adopt children with physical or mental
19disabilities, children who are older, or other hard-to-place
20children who (i) immediately prior to their adoption were
21youth in care or (ii) were determined eligible for financial
22assistance with respect to a prior adoption and who become
23available for adoption because the prior adoption has been
24dissolved and the parental rights of the adoptive parents have
25been terminated or because the child's adoptive parents have
26died. The Department may continue to provide financial

 

 

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1assistance and education assistance grants for a child who was
2determined eligible for financial assistance under this
3subsection (j) in the interim period beginning when the
4child's adoptive parents died and ending with the finalization
5of the new adoption of the child by another adoptive parent or
6parents. The Department may also provide categories of
7financial assistance and education assistance grants, and
8shall establish rules and regulations for the assistance and
9grants, to persons appointed guardian of the person under
10Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
114-25, or 5-740 of the Juvenile Court Act of 1987 for children
12who were youth in care for 12 months immediately prior to the
13appointment of the guardian.
14    The amount of assistance may vary, depending upon the
15needs of the child and the adoptive parents, as set forth in
16the annual assistance agreement. Special purpose grants are
17allowed where the child requires special service but such
18costs may not exceed the amounts which similar services would
19cost the Department if it were to provide or secure them as
20guardian of the child.
21    Any financial assistance provided under this subsection is
22inalienable by assignment, sale, execution, attachment,
23garnishment, or any other remedy for recovery or collection of
24a judgment or debt.
25    (j-5) The Department shall not deny or delay the placement
26of a child for adoption if an approved family is available

 

 

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1either outside of the Department region handling the case, or
2outside of the State of Illinois.
3    (k) The Department shall accept for care and training any
4child who has been adjudicated neglected or abused, or
5dependent committed to it pursuant to the Juvenile Court Act
6or the Juvenile Court Act of 1987.
7    (l) The Department shall offer family preservation
8services, as defined in Section 8.2 of the Abused and
9Neglected Child Reporting Act, to help families, including
10adoptive and extended families. Family preservation services
11shall be offered (i) to prevent the placement of children in
12substitute care when the children can be cared for at home or
13in the custody of the person responsible for the children's
14welfare, (ii) to reunite children with their families, or
15(iii) to maintain an adoptive placement. Family preservation
16services shall only be offered when doing so will not endanger
17the children's health or safety. With respect to children who
18are in substitute care pursuant to the Juvenile Court Act of
191987, family preservation services shall not be offered if a
20goal other than those of subdivisions (A), (B), or (B-1) of
21subsection (2) of Section 2-28 of that Act has been set, except
22that reunification services may be offered as provided in
23paragraph (F) of subsection (2) of Section 2-28 of that Act.
24Nothing in this paragraph shall be construed to create a
25private right of action or claim on the part of any individual
26or child welfare agency, except that when a child is the

 

 

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1subject of an action under Article II of the Juvenile Court Act
2of 1987 and the child's service plan calls for services to
3facilitate achievement of the permanency goal, the court
4hearing the action under Article II of the Juvenile Court Act
5of 1987 may order the Department to provide the services set
6out in the plan, if those services are not provided with
7reasonable promptness and if those services are available.
8    The Department shall notify the child and the child's
9family of the Department's responsibility to offer and provide
10family preservation services as identified in the service
11plan. The child and the child's family shall be eligible for
12services as soon as the report is determined to be
13"indicated". The Department may offer services to any child or
14family with respect to whom a report of suspected child abuse
15or neglect has been filed, prior to concluding its
16investigation under Section 7.12 of the Abused and Neglected
17Child Reporting Act. However, the child's or family's
18willingness to accept services shall not be considered in the
19investigation. The Department may also provide services to any
20child or family who is the subject of any report of suspected
21child abuse or neglect or may refer such child or family to
22services available from other agencies in the community, even
23if the report is determined to be unfounded, if the conditions
24in the child's or family's home are reasonably likely to
25subject the child or family to future reports of suspected
26child abuse or neglect. Acceptance of such services shall be

 

 

SB3697- 16 -LRB103 36730 KTG 66840 b

1voluntary. The Department may also provide services to any
2child or family after completion of a family assessment, as an
3alternative to an investigation, as provided under the
4"differential response program" provided for in subsection
5(a-5) of Section 7.4 of the Abused and Neglected Child
6Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of
19or committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition
25to reinstate wardship pursuant to subsection (2) of Section
262-33 of the Juvenile Court Act of 1987. On and after January 1,

 

 

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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of
4or committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition
10to reinstate wardship pursuant to subsection (2) of Section
112-33 of the Juvenile Court Act of 1987. An independent basis
12exists when the allegations or adjudication of abuse, neglect,
13or dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to
16attend any hearing involving a youth in the care and custody of
17the Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and
25stress of caring for a child who has been diagnosed with a
26pervasive developmental disorder if the Department determines

 

 

SB3697- 18 -LRB103 36730 KTG 66840 b

1that those services are necessary to ensure the health and
2safety of the child. The Department may offer services to any
3family whether or not a report has been filed under the Abused
4and Neglected Child Reporting Act. The Department may refer
5the child or family to services available from other agencies
6in the community if the conditions in the child's or family's
7home are reasonably likely to subject the child or family to
8future reports of suspected child abuse or neglect. Acceptance
9of these services shall be voluntary. The Department shall
10develop and implement a public information campaign to alert
11health and social service providers and the general public
12about these special family preservation services. The nature
13and scope of the services offered and the number of families
14served under the special program implemented under this
15paragraph shall be determined by the level of funding that the
16Department annually allocates for this purpose. The term
17"pervasive developmental disorder" under this paragraph means
18a neurological condition, including, but not limited to,
19Asperger's Syndrome and autism, as defined in the most recent
20edition of the Diagnostic and Statistical Manual of Mental
21Disorders of the American Psychiatric Association.
22    (l-1) The General Assembly recognizes that the best
23interests of the child require that the child be placed in the
24most permanent living arrangement as soon as is practically
25possible. To achieve this goal, the General Assembly directs
26the Department of Children and Family Services to conduct

 

 

SB3697- 19 -LRB103 36730 KTG 66840 b

1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9    When determining reasonable efforts to be made with
10respect to a child, as described in this subsection, and in
11making such reasonable efforts, the child's health and safety
12shall be the paramount concern.
13    When a child is placed in foster care, the Department
14shall ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child
18occurs unless otherwise required, pursuant to the Juvenile
19Court Act of 1987. At any time after the dispositional hearing
20where the Department believes that further reunification
21services would be ineffective, it may request a finding from
22the court that reasonable efforts are no longer appropriate.
23The Department is not required to provide further
24reunification services after such a finding.
25    A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and

 

 

SB3697- 20 -LRB103 36730 KTG 66840 b

1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family
17    to provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such
23    temporary custody signed by the parents of the child or by
24    the parent having custody of the child if the parents are
25    not living together or by the guardian or custodian of the
26    child if the child is not in the custody of either parent,

 

 

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1    or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be
4    located.
5If the child is found in the child's residence without a
6parent, guardian, custodian, or responsible caretaker, the
7Department may, instead of removing the child and assuming
8temporary custody, place an authorized representative of the
9Department in that residence until such time as a parent,
10guardian, or custodian enters the home and expresses a
11willingness and apparent ability to ensure the child's health
12and safety and resume permanent charge of the child, or until a
13relative enters the home and is willing and able to ensure the
14child's health and safety and assume charge of the child until
15a parent, guardian, or custodian enters the home and expresses
16such willingness and ability to ensure the child's safety and
17resume permanent charge. After a caretaker has remained in the
18home for a period not to exceed 12 hours, the Department must
19follow those procedures outlined in Section 2-9, 3-11, 4-8, or
205-415 of the Juvenile Court Act of 1987.
21    The Department shall have the authority, responsibilities
22and duties that a legal custodian of the child would have
23pursuant to subsection (9) of Section 1-3 of the Juvenile
24Court Act of 1987. Whenever a child is taken into temporary
25custody pursuant to an investigation under the Abused and
26Neglected Child Reporting Act, or pursuant to a referral and

 

 

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1acceptance under the Juvenile Court Act of 1987 of a minor in
2limited custody, the Department, during the period of
3temporary custody and before the child is brought before a
4judicial officer as required by Section 2-9, 3-11, 4-8, or
55-415 of the Juvenile Court Act of 1987, shall have the
6authority, responsibilities and duties that a legal custodian
7of the child would have under subsection (9) of Section 1-3 of
8the Juvenile Court Act of 1987.
9    The Department shall ensure that any child taken into
10custody is scheduled for an appointment for a medical
11examination.
12    A parent, guardian, or custodian of a child in the
13temporary custody of the Department who would have custody of
14the child if the child were not in the temporary custody of the
15Department may deliver to the Department a signed request that
16the Department surrender the temporary custody of the child.
17The Department may retain temporary custody of the child for
1810 days after the receipt of the request, during which period
19the Department may cause to be filed a petition pursuant to the
20Juvenile Court Act of 1987. If a petition is so filed, the
21Department shall retain temporary custody of the child until
22the court orders otherwise. If a petition is not filed within
23the 10-day period, the child shall be surrendered to the
24custody of the requesting parent, guardian, or custodian not
25later than the expiration of the 10-day period, at which time
26the authority and duties of the Department with respect to the

 

 

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1temporary custody of the child shall terminate.
2    (m-1) The Department may place children under 18 years of
3age in a secure child care facility licensed by the Department
4that cares for children who are in need of secure living
5arrangements for their health, safety, and well-being after a
6determination is made by the facility director and the
7Director or the Director's designate prior to admission to the
8facility subject to Section 2-27.1 of the Juvenile Court Act
9of 1987. This subsection (m-1) does not apply to a child who is
10subject to placement in a correctional facility operated
11pursuant to Section 3-15-2 of the Unified Code of Corrections,
12unless the child is a youth in care who was placed in the care
13of the Department before being subject to placement in a
14correctional facility and a court of competent jurisdiction
15has ordered placement of the child in a secure care facility.
16    (n) The Department may place children under 18 years of
17age in licensed child care facilities when in the opinion of
18the Department, appropriate services aimed at family
19preservation have been unsuccessful and cannot ensure the
20child's health and safety or are unavailable and such
21placement would be for their best interest. Payment for board,
22clothing, care, training and supervision of any child placed
23in a licensed child care facility may be made by the
24Department, by the parents or guardians of the estates of
25those children, or by both the Department and the parents or
26guardians, except that no payments shall be made by the

 

 

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1Department for any child placed in a licensed child care
2facility for board, clothing, care, training, and supervision
3of such a child that exceed the average per capita cost of
4maintaining and of caring for a child in institutions for
5dependent or neglected children operated by the Department.
6However, such restriction on payments does not apply in cases
7where children require specialized care and treatment for
8problems of severe emotional disturbance, physical disability,
9social adjustment, or any combination thereof and suitable
10facilities for the placement of such children are not
11available at payment rates within the limitations set forth in
12this Section. All reimbursements for services delivered shall
13be absolutely inalienable by assignment, sale, attachment, or
14garnishment or otherwise.
15    (n-1) The Department shall provide or authorize child
16welfare services, aimed at assisting minors to achieve
17sustainable self-sufficiency as independent adults, for any
18minor eligible for the reinstatement of wardship pursuant to
19subsection (2) of Section 2-33 of the Juvenile Court Act of
201987, whether or not such reinstatement is sought or allowed,
21provided that the minor consents to such services and has not
22yet attained the age of 23 21. The Department shall have
23responsibility for the development and delivery of services
24under this Section. An eligible youth may access services
25under this Section through the Department of Children and
26Family Services or by referral from the Department of Human

 

 

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1Services. Youth participating in services under this Section
2shall cooperate with the assigned case manager in developing
3an agreement identifying the services to be provided and how
4the youth will increase skills to achieve self-sufficiency. A
5homeless shelter is not considered appropriate housing for any
6youth receiving child welfare services under this Section. The
7Department shall continue child welfare services under this
8Section to any eligible minor until the minor becomes 23 21
9years of age, no longer consents to participate, or achieves
10self-sufficiency as identified in the minor's service plan.
11The Department of Children and Family Services shall create
12clear, readable notice of the rights of former foster youth to
13child welfare services under this Section and how such
14services may be obtained. The Department of Children and
15Family Services and the Department of Human Services shall
16disseminate this information statewide. The Department shall
17adopt regulations describing services intended to assist
18minors in achieving sustainable self-sufficiency as
19independent adults.
20    (o) The Department shall establish an administrative
21review and appeal process for children and families who
22request or receive child welfare services from the Department.
23Youth in care who are placed by private child welfare
24agencies, and foster families with whom those youth are
25placed, shall be afforded the same procedural and appeal
26rights as children and families in the case of placement by the

 

 

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1Department, including the right to an initial review of a
2private agency decision by that agency. The Department shall
3ensure that any private child welfare agency, which accepts
4youth in care for placement, affords those rights to children
5and foster families. The Department shall accept for
6administrative review and an appeal hearing a complaint made
7by (i) a child or foster family concerning a decision
8following an initial review by a private child welfare agency
9or (ii) a prospective adoptive parent who alleges a violation
10of subsection (j-5) of this Section. An appeal of a decision
11concerning a change in the placement of a child shall be
12conducted in an expedited manner. A court determination that a
13current foster home placement is necessary and appropriate
14under Section 2-28 of the Juvenile Court Act of 1987 does not
15constitute a judicial determination on the merits of an
16administrative appeal, filed by a former foster parent,
17involving a change of placement decision.
18    (p) (Blank).
19    (q) The Department may receive and use, in their entirety,
20for the benefit of children any gift, donation, or bequest of
21money or other property which is received on behalf of such
22children, or any financial benefits to which such children are
23or may become entitled while under the jurisdiction or care of
24the Department, except that the benefits described in Section
255.46 must be used and conserved consistent with the provisions
26under Section 5.46.

 

 

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1    The Department shall set up and administer no-cost,
2interest-bearing accounts in appropriate financial
3institutions for children for whom the Department is legally
4responsible and who have been determined eligible for
5Veterans' Benefits, Social Security benefits, assistance
6allotments from the armed forces, court ordered payments,
7parental voluntary payments, Supplemental Security Income,
8Railroad Retirement payments, Black Lung benefits, or other
9miscellaneous payments. Interest earned by each account shall
10be credited to the account, unless disbursed in accordance
11with this subsection.
12    In disbursing funds from children's accounts, the
13Department shall:
14        (1) Establish standards in accordance with State and
15    federal laws for disbursing money from children's
16    accounts. In all circumstances, the Department's
17    Guardianship Administrator or the Guardianship
18    Administrator's designee must approve disbursements from
19    children's accounts. The Department shall be responsible
20    for keeping complete records of all disbursements for each
21    account for any purpose.
22        (2) Calculate on a monthly basis the amounts paid from
23    State funds for the child's board and care, medical care
24    not covered under Medicaid, and social services; and
25    utilize funds from the child's account, as covered by
26    regulation, to reimburse those costs. Monthly,

 

 

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1    disbursements from all children's accounts, up to 1/12 of
2    $13,000,000, shall be deposited by the Department into the
3    General Revenue Fund and the balance over 1/12 of
4    $13,000,000 into the DCFS Children's Services Fund.
5        (3) Maintain any balance remaining after reimbursing
6    for the child's costs of care, as specified in item (2).
7    The balance shall accumulate in accordance with relevant
8    State and federal laws and shall be disbursed to the child
9    or the child's guardian, or to the issuing agency.
10    (r) The Department shall promulgate regulations
11encouraging all adoption agencies to voluntarily forward to
12the Department or its agent names and addresses of all persons
13who have applied for and have been approved for adoption of a
14hard-to-place child or child with a disability and the names
15of such children who have not been placed for adoption. A list
16of such names and addresses shall be maintained by the
17Department or its agent, and coded lists which maintain the
18confidentiality of the person seeking to adopt the child and
19of the child shall be made available, without charge, to every
20adoption agency in the State to assist the agencies in placing
21such children for adoption. The Department may delegate to an
22agent its duty to maintain and make available such lists. The
23Department shall ensure that such agent maintains the
24confidentiality of the person seeking to adopt the child and
25of the child.
26    (s) The Department of Children and Family Services may

 

 

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1establish and implement a program to reimburse Department and
2private child welfare agency foster parents licensed by the
3Department of Children and Family Services for damages
4sustained by the foster parents as a result of the malicious or
5negligent acts of foster children, as well as providing third
6party coverage for such foster parents with regard to actions
7of foster children to other individuals. Such coverage will be
8secondary to the foster parent liability insurance policy, if
9applicable. The program shall be funded through appropriations
10from the General Revenue Fund, specifically designated for
11such purposes.
12    (t) The Department shall perform home studies and
13investigations and shall exercise supervision over visitation
14as ordered by a court pursuant to the Illinois Marriage and
15Dissolution of Marriage Act or the Adoption Act only if:
16        (1) an order entered by an Illinois court specifically
17    directs the Department to perform such services; and
18        (2) the court has ordered one or both of the parties to
19    the proceeding to reimburse the Department for its
20    reasonable costs for providing such services in accordance
21    with Department rules, or has determined that neither
22    party is financially able to pay.
23    The Department shall provide written notification to the
24court of the specific arrangements for supervised visitation
25and projected monthly costs within 60 days of the court order.
26The Department shall send to the court information related to

 

 

SB3697- 30 -LRB103 36730 KTG 66840 b

1the costs incurred except in cases where the court has
2determined the parties are financially unable to pay. The
3court may order additional periodic reports as appropriate.
4    (u) In addition to other information that must be
5provided, whenever the Department places a child with a
6prospective adoptive parent or parents, in a licensed foster
7home, group home, or child care institution, or in a relative
8home, the Department shall provide to the prospective adoptive
9parent or parents or other caretaker:
10        (1) available detailed information concerning the
11    child's educational and health history, copies of
12    immunization records (including insurance and medical card
13    information), a history of the child's previous
14    placements, if any, and reasons for placement changes
15    excluding any information that identifies or reveals the
16    location of any previous caretaker;
17        (2) a copy of the child's portion of the client
18    service plan, including any visitation arrangement, and
19    all amendments or revisions to it as related to the child;
20    and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual

 

 

SB3697- 31 -LRB103 36730 KTG 66840 b

1abuse, destructive behavior, and substance abuse) necessary to
2care for and safeguard the children to be placed or currently
3in the home. The Department may prepare a written summary of
4the information required by this paragraph, which may be
5provided to the foster or prospective adoptive parent in
6advance of a placement. The foster or prospective adoptive
7parent may review the supporting documents in the child's file
8in the presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide known
10information verbally, if necessary, and must subsequently
11provide the information in writing as required by this
12subsection.
13    The information described in this subsection shall be
14provided in writing. In the case of emergency placements when
15time does not allow prior review, preparation, and collection
16of written information, the Department shall provide such
17information as it becomes available. Within 10 business days
18after placement, the Department shall obtain from the
19prospective adoptive parent or parents or other caretaker a
20signed verification of receipt of the information provided.
21Within 10 business days after placement, the Department shall
22provide to the child's guardian ad litem a copy of the
23information provided to the prospective adoptive parent or
24parents or other caretaker. The information provided to the
25prospective adoptive parent or parents or other caretaker
26shall be reviewed and approved regarding accuracy at the

 

 

SB3697- 32 -LRB103 36730 KTG 66840 b

1supervisory level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Illinois State Police Law if the Department determines
18the information is necessary to perform its duties under the
19Abused and Neglected Child Reporting Act, the Child Care Act
20of 1969, and the Children and Family Services Act. The
21Department shall provide for interactive computerized
22communication and processing equipment that permits direct
23on-line communication with the Illinois State Police's central
24criminal history data repository. The Department shall comply
25with all certification requirements and provide certified
26operators who have been trained by personnel from the Illinois

 

 

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1State Police. In addition, one Office of the Inspector General
2investigator shall have training in the use of the criminal
3history information access system and have access to the
4terminal. The Department of Children and Family Services and
5its employees shall abide by rules and regulations established
6by the Illinois State Police relating to the access and
7dissemination of this information.
8    (v-1) Prior to final approval for placement of a child,
9the Department shall conduct a criminal records background
10check of the prospective foster or adoptive parent, including
11fingerprint-based checks of national crime information
12databases. Final approval for placement shall not be granted
13if the record check reveals a felony conviction for child
14abuse or neglect, for spousal abuse, for a crime against
15children, or for a crime involving violence, including rape,
16sexual assault, or homicide, but not including other physical
17assault or battery, or if there is a felony conviction for
18physical assault, battery, or a drug-related offense committed
19within the past 5 years.
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's

 

 

SB3697- 34 -LRB103 36730 KTG 66840 b

1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
22facilities.
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting

 

 

SB3697- 35 -LRB103 36730 KTG 66840 b

1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit the employee's
25or applicant's fingerprints to the Illinois State Police in
26the form and manner prescribed by the Illinois State Police.

 

 

SB3697- 36 -LRB103 36730 KTG 66840 b

1These fingerprints shall be checked against the fingerprint
2records now and hereafter filed in the Illinois State Police
3and the Federal Bureau of Investigation criminal history
4records databases. The Illinois State Police shall charge a
5fee for conducting the criminal history record check, which
6shall be deposited into the State Police Services Fund and
7shall not exceed the actual cost of the record check. The
8Illinois State Police shall furnish, pursuant to positive
9identification, all Illinois conviction information to the
10Department of Children and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of

 

 

SB3697- 37 -LRB103 36730 KTG 66840 b

1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
17102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
181-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
 
19    (20 ILCS 505/5.06 new)
20    Sec. 5.06. Multidisciplinary child protection
21investigation teams for sex trafficking cases.
22    (a)(1) The Department shall coordinate the services of
23multidisciplinary child protection investigation teams to
24respond to child sexual abuse or sex trafficking reports made
25to the Department. At least one multidisciplinary child

 

 

SB3697- 38 -LRB103 36730 KTG 66840 b

1protection investigation team shall be organized in each
2county. Any county or counties of the State, any municipality
3or municipalities of the State, or any combination thereof,
4may, by intergovernmental agreement, establish a single
5multidisciplinary child protection investigation team to
6investigate child sexual abuse and sex trafficking reports
7involving children located within the geographical
8jurisdiction of the parties to the interagency agreement. The
9State's Attorney of each county shall, by January 15 of each
10year, report to the General Assembly on the status of the team
11in the State's Attorney's county as required by this Section,
12and the progress of the multidisciplinary child protection
13investigation team that has been organized in the State's
14Attorney's county. The Department shall, with the cooperation
15of all statutorily authorized members of the multidisciplinary
16child protection investigation team, establish a procedure and
17format for data collection. The procedure and format,
18including an implementation plan with timelines, shall be
19cooperatively developed and presented to the General Assembly
20on or before January 15, 2025. The procedure and format
21developed shall include at a minimum the following
22information:
23        (A) the number of reports received for investigation
24    involving an allegation of the sexual abuse or trafficking
25    of minors;
26        (B) the number of investigations initiated;

 

 

SB3697- 39 -LRB103 36730 KTG 66840 b

1        (C) the number of final dispositions of cases obtained
2    in the current reporting year by type of disposition as
3    follows:
4            (i) unsubstantiated, closed, or no service;
5            (ii) unsubstantiated or referred for non-custodial
6        support services;
7            (iii) substantiated, closed, or no service;
8            (iv) substantiated, service provided, or no
9        prosecution;
10            (v) substantiated, service provided, prosecution,
11        or acquittal; or
12            (vi) substantiated, service provided, prosecution,
13        or conviction.
14        (D) Age, race, gender, and relationship to the victim
15    of perpetrators identified in cases that are included in
16    items (iii) through (vi) of subparagraph (C) of paragraph
17    (1); and
18        (E) The type and amount of community-based support
19    received by the multidisciplinary child protection
20    investigation teams through linkages with other local
21    agencies and organizations and through monetary or
22    in-kind, or both, donations.
23    Such data shall be reported by January 15 of each year to
24the General Assembly, along with a progress report on the
25teams and any recommendations for enhancement of the child
26sexual abuse plan and program.

 

 

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1    (2) Each team shall be composed:
2        (A) one person from the Department;
3        (B) one representative from the State's Attorney's
4    office;
5        (C) one juvenile court officer or investigator from a
6    court of competent jurisdiction;
7        (D) one non-governmental agency specialized in
8    providing services to the minors who are victims of
9    commercial sexual exploitation;
10        (E) one properly trained law enforcement officer with
11    countywide jurisdiction from the county where the child
12    resides or where the alleged offense occurred.
13    The team may also include a representative from one of the
14mental health disciplines, a representative trained in child
15abuse from one of the medical disciplines, and, for cases
16involving an allegation that a child is a victim of a human
17trafficking offense, a representative from one
18non-governmental agency specialized in combatting the
19commercial sexual exploitation of minors. It is in the best
20interest of the child that, whenever possible, an initial
21investigation shall not be commenced unless all 4 disciplines
22are represented. An initial investigation may, however, be
23commenced if at least 2 of the team members are present at the
24initial investigation. In those counties in which a child
25advocacy center is established in accordance with the
26Children's Advocacy Center Act, child advocacy center

 

 

SB3697- 41 -LRB103 36730 KTG 66840 b

1directors, or their designees, shall be members of the teams
2for the purposes of the provision of services and functions
3established under the Children's Advocacy Center Act or
4delegated pursuant to that Act. In such event, child advocacy
5center directors, or their designees, may access and generate
6all necessary information, which shall retain its confidential
7status, consistent with any applicable State or federal law.
8    (3) It is the intent of the General Assembly that the child
9protective investigations be conducted by the team members in
10a manner that not only protects the child but that also
11preserves any evidence for future criminal prosecutions. It is
12essential, therefore, that all phases of the child protective
13investigation be appropriately conducted and that further
14investigations, as appropriate, be properly conducted and
15coordinated.
16    (b)(1) The Department shall convene the appropriate team
17when a report of child sexual abuse or sex trafficking has been
18received. Nothing in this Section shall be construed to remove
19or reduce the duty and responsibility of any person to report
20all suspected or actual cases of child sexual abuse or sex
21trafficking. The role of the teams shall be to conduct child
22protective investigations of reported child sexual abuse or
23sex trafficking and to support and provide services to
24sexually abused or trafficked children upon referral as deemed
25by the teams to be necessary and appropriate for such
26children.

 

 

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1    (2) For each child sexual abuse report it receives, the
2Department shall immediately notify the multidisciplinary
3child protection investigation team, which shall commence an
4on-site child protective investigation. The team shall:
5        (A) determine the composition of the family or
6    household, including the name, address, age, sex, and race
7    of each child named in the report; any siblings or other
8    children in the same household or in the care of the same
9    adults; the parents or other persons responsible for the
10    child's welfare; and any other adults in the same
11    household;
12        (B) determine whether there is any indication that any
13    child in the family or household is sexually abused,
14    including a determination of harm or threatened harm to
15    each child; the nature and extent of present or prior
16    injuries, or abuse, and any evidence thereof; and a
17    determination as to the person or persons apparently
18    responsible for the abuse;
19        (C) determine the immediate and long-term risk to each
20    child if the child remains in the existing home
21    environment;
22        (D) determine the protective, treatment, and
23    ameliorative services necessary to safeguard and ensure
24    the child's well-being and development and, if possible,
25    to preserve and stabilize family life; and
26        (E) determine the specialized, non-punitive services

 

 

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1    necessary to support the child in cases where there is an
2    allegation that the child may be a victim of a sex
3    trafficking offense.
4    The team shall seek to interview the child in a neutral
5setting, other than where the alleged abuse occurred, whenever
6possible.
7    (3) Immediately upon receipt of a report alleging, or
8immediately upon learning during the course of an
9investigation, that:
10        (A) child sexual abuse has occurred; or
11        (B) an observable injury or medically diagnosed
12    internal injury occurred as a result of the sexual abuse
13    the Department shall orally notify the team, the
14appropriate State's Attorney and the appropriate law
15enforcement agency whose criminal investigations shall be
16coordinated, whenever possible, with the multidisciplinary
17child protection investigation team investigation. In all
18cases, the team and the Department shall make a full written
19report to the State's Attorney within 3 days of the oral
20report. If, as a result of an investigation, there is cause to
21believe a violation of Subdivision 10 of Article 11 of the
22Criminal Code of 2012 has occurred, an appropriate report
23shall be filed by the State's Attorney requesting an
24investigation by the Illinois State Police. If independent
25criminal investigations are made, interviews with the
26victimized child shall be kept to an absolute minimum and,

 

 

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1whenever possible, reference to the videotape or tapes made by
2the multidisciplinary child protection investigation teams
3should be utilized.
4    (4) In addition to the requirements of this Section, the
5provisions of Section 7.4 of the Abused and Neglected
6Reporting Act shall apply to any investigation conducted in
7accordance with this Section.
8    (5) As a result of its investigation, the team may
9recommend that criminal charges be filed against the alleged
10offender. Any interested person who has information regarding
11the offenses described in this subsection (b) may forward a
12statement to the State's Attorney as to whether prosecution is
13warranted and appropriate. Within 15 days of the completion of
14the State's Attorney's investigation, the State's Attorney
15shall advise the Department and the team whether or not
16prosecution is justified and appropriate in the State's
17Attorney's opinion in view of the circumstances of the
18specific case.
19    (c)(1) The specialized diagnostic assessment, evaluation,
20coordination, consultation, and other supportive services that
21the team shall be capable of providing, to the extent funds are
22specifically appropriated therefor, or by referral shall be
23capable of obtaining for the protection of the child, include,
24but are not limited to, the following:
25        (A) Telephone consultation services in emergencies and
26    in other situations.

 

 

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1        (B) Medical evaluation related to the sexual abuse and
2    sex trafficking.
3        (C) Such psychological and psychiatric diagnosis and
4    evaluation services for the child, siblings, parent or
5    parents, guardian or guardians, or other care givers, or
6    any other individual involved in a child sexual abuse or
7    sex trafficking case, as a multidisciplinary child
8    protection investigation team may determine to be needed.
9        (D) Short-term psychological treatment. It is the
10    intent of the General Assembly that the Department provide
11    or refer a child whose case has been validated by the
12    Department, and the child's family, for short-term
13    psychological treatment before the Department may close
14    its case. Such short-term treatment shall be limited to no
15    more than 6 months' duration after treatment is initiated,
16    except that the Director may authorize such treatment for
17    individual children beyond this limitation if the Director
18    deems it appropriate.
19        (E) Expert medical, psychological, and related
20    professional testimony in court cases.
21        (F) Case staffings to develop, implement, and monitor
22    treatment plans for a child whose case has been validated
23    by the Department. In all such case staffings,
24    consultations, or staff activities involving a child, at
25    least one member of the team involved in the initial
26    investigation shall continue to monitor the progress and

 

 

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1    status of the child whenever possible and within the same
2    geographic area.
3        (G) Case service coordination and assistance,
4    including the location of services available from other
5    public and private agencies in the community.
6    (2) In all instances where a multidisciplinary child
7protection investigation team is providing or has obtained by
8referral certain services to sexually abused and trafficked
9children, other offices and units of the Department shall
10avoid duplicating the provision of those services.
 
11    (20 ILCS 505/5.07 new)
12    Sec. 5.07. Mandatory annual training on human trafficking.
13The Department shall work with a nonprofit charitable
14organization that focuses on human trafficking advocacy and
15education to provide mandatory annual training to child
16welfare agencies licensed by the Department in the
17identification, intervention, prevention, and treatment of
18human trafficking victims, and in the proper action that
19should be taken when dealing with a known or suspected victim
20of human trafficking. The training must also inform child
21welfare agencies of the resources and agencies available to
22provide help and services for victims of human trafficking.
23The training selected by the Department must be submitted to,
24and approved by, the Illinois State Police.
25    As used in this Section, "human trafficking" has the

 

 

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1meaning ascribed to that term in Section 5 of the Lodging
2Services Human Trafficking Recognition Training Act.
 
3    Section 15. The Illinois State Police Law is amended by
4adding Section 2605-51a as follows:
 
5    (20 ILCS 2605/2605-51a new)
6    Sec. 2605-51a. Human trafficking training for State
7agencies.
8    (a) The Illinois State Police shall develop and deliver a
9course of instruction designed for Departments, agencies, or
10associations that are likely to come into contact with human
11trafficking and human trafficking victims during the course of
12delivering services. Departments, agencies, or associations
13included in this course of instruction, include, but are not
14limited to, the Department of Human Services, the Department
15of Children and Family Services, child welfare agencies
16licensed by the Department of children and family services,
17the Department of Public Health, the State Board of Education,
18and any other State agencies or local governmental entities
19that are likely to come into contact with human trafficking
20and human trafficking victims during the performance of their
21duties. The course or courses of instruction and the
22guidelines shall emphasize:
23        (A) the dynamics and manifestations of human
24    trafficking;

 

 

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1        (B) identifying and communicating with victims;
2        (C) providing documentation that satisfies the peace
3    officers standards and training (POST) commission
4    requirements;
5        (D) collaboration with federal law enforcement
6    officials;
7        (E) appropriate investigative techniques for the
8    particular victim or victim type;
9        (F) the availability of civil and immigration remedies
10    and community resources; and
11        (G) protection of the victim.
12    (b) In developing the course of instruction, the Illinois
13State Police shall consult with its Trafficking Enforcement
14Bureau as well as with human trafficking experts with
15experience in the delivery of direct services to victims of
16human trafficking. Instruction may be composed of live
17instruction, telecommunication, video or other medium, or any
18combination of methods. Where appropriate, the course of
19instruction shall include presentations by human trafficking
20experts.
21    (c) Furnishing personnel and appropriations for the
22training course is the sole responsibility of the Illinois
23State Police. Departments, agencies, or associations receiving
24instruction in accordance with this Section shall be provided
25the training at no cost to the Department, agency, or
26association.
 

 

 

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1    Section 20. The State Finance Act is amended by changing
2Section 5 and by adding Section 5.1015 as follows:
 
3    (30 ILCS 105/5)  (from Ch. 127, par. 141)
4    Sec. 5. Special funds.
5    (a) There are special funds in the State Treasury
6designated as specified in the Sections which succeed this
7Section 5 and precede Section 6.
8    (b) Except as provided in the Illinois Vehicle Hijacking
9and Motor Vehicle Theft Prevention and Insurance Verification
10Act, when any special fund in the State Treasury is
11discontinued by an Act of the General Assembly, any balance
12remaining therein on the effective date of such Act shall be
13transferred to the General Revenue Fund, or to such other fund
14as such Act shall provide. Warrants outstanding against such
15discontinued fund at the time of the transfer of any such
16balance therein shall be paid out of the fund to which the
17transfer was made.
18    (c) When any special fund in the State Treasury has been
19inactive for 18 months or longer, the Comptroller may
20terminate the fund, and the balance remaining in such fund
21shall be transferred by the Comptroller to the General Revenue
22Fund. When a special fund has been terminated by the
23Comptroller as provided in this Section, the General Assembly
24shall repeal or amend all Sections of the statutes creating or

 

 

SB3697- 50 -LRB103 36730 KTG 66840 b

1otherwise referring to that fund.
2    The Comptroller shall be allowed the discretion to
3maintain or dissolve any federal trust fund which has been
4inactive for 18 months or longer.
5    (d) (Blank).
6    (e) (Blank).
7    (f) The provisions of subsection (b) and (c) do not apply
8to the Specialized Services for Survivors of Human Trafficking
9Fund.
10(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24.)
 
11    Section 25. The Child Care Act of 1969 is amended by
12changing Section 4 and by adding Sections 2.21a and 3.7 as
13follows:
 
14    (225 ILCS 10/2.21a new)
15    Sec. 2.21a. Residential facilities for victims of sex
16trafficking. "Residential facilities for victims of sex
17trafficking" means a housing facility that provides
18specialized comprehensive treatment and support services to
19children and youth under the age of 18 who are identified as
20victims of sex trafficking. Such treatment and support
21services include, but are not limited to, medical care, mental
22health and substance abuse care, nutritional counseling, safe
23housing, job training, transportation, and other basic human
24needs.
 

 

 

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1    (225 ILCS 10/3.7 new)
2    Sec. 3.7. Licenses for residential facilities for victims
3of sex trafficking. The Department shall develop an
4appropriate licensing and monitoring system that recognizes
5the unique population and treatment of children and youth who
6are identified as victims of sex trafficking. Residential
7facilities for victims of sex trafficking that are licensed by
8the Department shall not be utilized for a child or youth who
9is a youth in care as defined in Section 4d of the Children and
10Family Services Act.
 
11    (225 ILCS 10/4)  (from Ch. 23, par. 2214)
12    Sec. 4. License requirement; application; notice.
13    (a) Any person, group of persons or corporation who or
14which receives children or arranges for care or placement of
15one or more children unrelated to the operator must apply for a
16license to operate one of the types of facilities defined in
17Sections 2.05 through 2.19 and in Sections 2.21a and Section
182.22 of this Act. Any relative, as defined in Section 2.17 of
19this Act, who receives a child or children for placement by the
20Department on a full-time basis may apply for a license to
21operate a foster family home as defined in Section 2.17 of this
22Act.
23    (a-5) Any agency, person, group of persons, association,
24organization, corporation, institution, center, or group

 

 

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1providing adoption services must be licensed by the Department
2as a child welfare agency as defined in Section 2.08 of this
3Act. "Providing adoption services" as used in this Act,
4includes facilitating or engaging in adoption services.
5    (b) Application for a license to operate a child care
6facility must be made to the Department in the manner and on
7forms prescribed by it. An application to operate a foster
8family home shall include, at a minimum: a completed written
9form; written authorization by the applicant and all adult
10members of the applicant's household to conduct a criminal
11background investigation; medical evidence in the form of a
12medical report, on forms prescribed by the Department, that
13the applicant and all members of the household are free from
14communicable diseases or physical and mental conditions that
15affect their ability to provide care for the child or
16children; the names and addresses of at least 3 persons not
17related to the applicant who can attest to the applicant's
18moral character; the name and address of at least one relative
19who can attest to the applicant's capability to care for the
20child or children; and fingerprints submitted by the applicant
21and all adult members of the applicant's household.
22    (b-5) Prior to submitting an application for a foster
23family home license, a quality of care concerns applicant as
24defined in Section 2.22a of this Act must submit a preliminary
25application to the Department in the manner and on forms
26prescribed by it. The Department shall explain to the quality

 

 

SB3697- 53 -LRB103 36730 KTG 66840 b

1of care concerns applicant the grounds for requiring a
2preliminary application. The preliminary application shall
3include a list of (i) all children placed in the home by the
4Department who were removed by the Department for reasons
5other than returning to a parent and the circumstances under
6which they were removed and (ii) all children placed by the
7Department who were subsequently adopted by or placed in the
8private guardianship of the quality of care concerns applicant
9who are currently under 18 and who no longer reside in the home
10and the reasons why they no longer reside in the home. The
11preliminary application shall also include, if the quality of
12care concerns applicant chooses to submit, (1) a response to
13the quality of care concerns, including any reason the
14concerns are invalid, have been addressed or ameliorated, or
15no longer apply and (2) affirmative documentation
16demonstrating that the quality of care concerns applicant's
17home does not pose a risk to children and that the family will
18be able to meet the physical and emotional needs of children.
19The Department shall verify the information in the preliminary
20application and review (i) information regarding any prior
21licensing complaints, (ii) information regarding any prior
22child abuse or neglect investigations, (iii) information
23regarding any involuntary foster home holds placed on the home
24by the Department, and (iv) information regarding all child
25exit interviews, as provided in Section 5.26 of the Children
26and Family Services Act, regarding the home. Foster home

 

 

SB3697- 54 -LRB103 36730 KTG 66840 b

1applicants with quality of care concerns are presumed
2unsuitable for future licensure.
3    Notwithstanding the provisions of this subsection (b-5),
4the Department may make an exception and issue a foster family
5license to a quality of care concerns applicant if the
6Department is satisfied that the foster family home does not
7pose a risk to children and that the foster family will be able
8to meet the physical and emotional needs of children. In
9making this determination, the Department must obtain and
10carefully review all relevant documents and shall obtain
11consultation from its Clinical Division as appropriate and as
12prescribed by Department rule and procedure. The Department
13has the authority to deny a preliminary application based on
14the record of quality of care concerns of the foster family
15home. In the alternative, the Department may (i) approve the
16preliminary application, (ii) approve the preliminary
17application subject to obtaining additional information or
18assessments, or (iii) approve the preliminary application for
19purposes of placing a particular child or children only in the
20foster family home. If the Department approves a preliminary
21application, the foster family shall submit an application for
22licensure as described in subsection (b) of this Section. The
23Department shall notify the quality of care concerns applicant
24of its decision and the basis for its decision in writing.
25    (c) The Department shall notify the public when a child
26care institution, maternity center, or group home licensed by

 

 

SB3697- 55 -LRB103 36730 KTG 66840 b

1the Department undergoes a change in (i) the range of care or
2services offered at the facility, (ii) the age or type of
3children served, or (iii) the area within the facility used by
4children. The Department shall notify the public of the change
5in a newspaper of general circulation in the county or
6municipality in which the applicant's facility is or is
7proposed to be located.
8    (d) If, upon examination of the facility and investigation
9of persons responsible for care of children and, in the case of
10a foster home, taking into account information obtained for
11purposes of evaluating a preliminary application, if
12applicable, the Department is satisfied that the facility and
13responsible persons reasonably meet standards prescribed for
14the type of facility for which application is made, it shall
15issue a license in proper form, designating on that license
16the type of child care facility and, except for a child welfare
17agency, the number of children to be served at any one time.
18    (e) The Department shall not issue or renew the license of
19any child welfare agency providing adoption services, unless
20the agency (i) is officially recognized by the United States
21Internal Revenue Service as a tax-exempt organization
22described in Section 501(c)(3) of the Internal Revenue Code of
231986 (or any successor provision of federal tax law) and (ii)
24is in compliance with all of the standards necessary to
25maintain its status as an organization described in Section
26501(c)(3) of the Internal Revenue Code of 1986 (or any

 

 

SB3697- 56 -LRB103 36730 KTG 66840 b

1successor provision of federal tax law). The Department shall
2grant a grace period of 24 months from the effective date of
3this amendatory Act of the 94th General Assembly for existing
4child welfare agencies providing adoption services to obtain
5501(c)(3) status. The Department shall permit an existing
6child welfare agency that converts from its current structure
7in order to be recognized as a 501(c)(3) organization as
8required by this Section to either retain its current license
9or transfer its current license to a newly formed entity, if
10the creation of a new entity is required in order to comply
11with this Section, provided that the child welfare agency
12demonstrates that it continues to meet all other licensing
13requirements and that the principal officers and directors and
14programs of the converted child welfare agency or newly
15organized child welfare agency are substantially the same as
16the original. The Department shall have the sole discretion to
17grant a one year extension to any agency unable to obtain
18501(c)(3) status within the timeframe specified in this
19subsection (e), provided that such agency has filed an
20application for 501(c)(3) status with the Internal Revenue
21Service within the 2-year timeframe specified in this
22subsection (e).
23(Source: P.A. 101-63, eff. 7-12-19; 102-763, eff. 1-1-23.)
 
24    Section 30. The Illinois Public Aid Code is amended by
25changing Section 5-2 as follows:
 

 

 

SB3697- 57 -LRB103 36730 KTG 66840 b

1    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
2    Sec. 5-2. Classes of persons eligible. Medical assistance
3under this Article shall be available to any of the following
4classes of persons in respect to whom a plan for coverage has
5been submitted to the Governor by the Illinois Department and
6approved by him. If changes made in this Section 5-2 require
7federal approval, they shall not take effect until such
8approval has been received:
9        1. Recipients of basic maintenance grants under
10    Articles III and IV.
11        2. Beginning January 1, 2014, persons otherwise
12    eligible for basic maintenance under Article III,
13    excluding any eligibility requirements that are
14    inconsistent with any federal law or federal regulation,
15    as interpreted by the U.S. Department of Health and Human
16    Services, but who fail to qualify thereunder on the basis
17    of need, and who have insufficient income and resources to
18    meet the costs of necessary medical care, including, but
19    not limited to, the following:
20            (a) All persons otherwise eligible for basic
21        maintenance under Article III but who fail to qualify
22        under that Article on the basis of need and who meet
23        either of the following requirements:
24                (i) their income, as determined by the
25            Illinois Department in accordance with any federal

 

 

SB3697- 58 -LRB103 36730 KTG 66840 b

1            requirements, is equal to or less than 100% of the
2            federal poverty level; or
3                (ii) their income, after the deduction of
4            costs incurred for medical care and for other
5            types of remedial care, is equal to or less than
6            100% of the federal poverty level.
7            (b) (Blank).
8        3. (Blank).
9        4. Persons not eligible under any of the preceding
10    paragraphs who fall sick, are injured, or die, not having
11    sufficient money, property or other resources to meet the
12    costs of necessary medical care or funeral and burial
13    expenses.
14        5.(a) Beginning January 1, 2020, individuals during
15    pregnancy and during the 12-month period beginning on the
16    last day of the pregnancy, together with their infants,
17    whose income is at or below 200% of the federal poverty
18    level. Until September 30, 2019, or sooner if the
19    maintenance of effort requirements under the Patient
20    Protection and Affordable Care Act are eliminated or may
21    be waived before then, individuals during pregnancy and
22    during the 12-month period beginning on the last day of
23    the pregnancy, whose countable monthly income, after the
24    deduction of costs incurred for medical care and for other
25    types of remedial care as specified in administrative
26    rule, is equal to or less than the Medical Assistance-No

 

 

SB3697- 59 -LRB103 36730 KTG 66840 b

1    Grant(C) (MANG(C)) Income Standard in effect on April 1,
2    2013 as set forth in administrative rule.
3        (b) The plan for coverage shall provide ambulatory
4    prenatal care to pregnant individuals during a presumptive
5    eligibility period and establish an income eligibility
6    standard that is equal to 200% of the federal poverty
7    level, provided that costs incurred for medical care are
8    not taken into account in determining such income
9    eligibility.
10        (c) The Illinois Department may conduct a
11    demonstration in at least one county that will provide
12    medical assistance to pregnant individuals together with
13    their infants and children up to one year of age, where the
14    income eligibility standard is set up to 185% of the
15    nonfarm income official poverty line, as defined by the
16    federal Office of Management and Budget. The Illinois
17    Department shall seek and obtain necessary authorization
18    provided under federal law to implement such a
19    demonstration. Such demonstration may establish resource
20    standards that are not more restrictive than those
21    established under Article IV of this Code.
22        6. (a) Subject to federal approval, children younger
23    than age 19 when countable income is at or below 313% of
24    the federal poverty level, as determined by the Department
25    and in accordance with all applicable federal
26    requirements. The Department is authorized to adopt

 

 

SB3697- 60 -LRB103 36730 KTG 66840 b

1    emergency rules to implement the changes made to this
2    paragraph by Public Act 102-43. Until September 30, 2019,
3    or sooner if the maintenance of effort requirements under
4    the Patient Protection and Affordable Care Act are
5    eliminated or may be waived before then, children younger
6    than age 19 whose countable monthly income, after the
7    deduction of costs incurred for medical care and for other
8    types of remedial care as specified in administrative
9    rule, is equal to or less than the Medical Assistance-No
10    Grant(C) (MANG(C)) Income Standard in effect on April 1,
11    2013 as set forth in administrative rule.
12        (b) Children and youth who are under temporary custody
13    or guardianship of the Department of Children and Family
14    Services or who receive financial assistance in support of
15    an adoption or guardianship placement from the Department
16    of Children and Family Services.
17        7. (Blank).
18        8. As required under federal law, persons who are
19    eligible for Transitional Medical Assistance as a result
20    of an increase in earnings or child or spousal support
21    received. The plan for coverage for this class of persons
22    shall:
23            (a) extend the medical assistance coverage to the
24        extent required by federal law; and
25            (b) offer persons who have initially received 6
26        months of the coverage provided in paragraph (a)

 

 

SB3697- 61 -LRB103 36730 KTG 66840 b

1        above, the option of receiving an additional 6 months
2        of coverage, subject to the following:
3                (i) such coverage shall be pursuant to
4            provisions of the federal Social Security Act;
5                (ii) such coverage shall include all services
6            covered under Illinois' State Medicaid Plan;
7                (iii) no premium shall be charged for such
8            coverage; and
9                (iv) such coverage shall be suspended in the
10            event of a person's failure without good cause to
11            file in a timely fashion reports required for this
12            coverage under the Social Security Act and
13            coverage shall be reinstated upon the filing of
14            such reports if the person remains otherwise
15            eligible.
16        9. Persons with acquired immunodeficiency syndrome
17    (AIDS) or with AIDS-related conditions with respect to
18    whom there has been a determination that but for home or
19    community-based services such individuals would require
20    the level of care provided in an inpatient hospital,
21    skilled nursing facility or intermediate care facility the
22    cost of which is reimbursed under this Article. Assistance
23    shall be provided to such persons to the maximum extent
24    permitted under Title XIX of the Federal Social Security
25    Act.
26        10. Participants in the long-term care insurance

 

 

SB3697- 62 -LRB103 36730 KTG 66840 b

1    partnership program established under the Illinois
2    Long-Term Care Partnership Program Act who meet the
3    qualifications for protection of resources described in
4    Section 15 of that Act.
5        11. Persons with disabilities who are employed and
6    eligible for Medicaid, pursuant to Section
7    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
8    subject to federal approval, persons with a medically
9    improved disability who are employed and eligible for
10    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
11    the Social Security Act, as provided by the Illinois
12    Department by rule. In establishing eligibility standards
13    under this paragraph 11, the Department shall, subject to
14    federal approval:
15            (a) set the income eligibility standard at not
16        lower than 350% of the federal poverty level;
17            (b) exempt retirement accounts that the person
18        cannot access without penalty before the age of 59
19        1/2, and medical savings accounts established pursuant
20        to 26 U.S.C. 220;
21            (c) allow non-exempt assets up to $25,000 as to
22        those assets accumulated during periods of eligibility
23        under this paragraph 11; and
24            (d) continue to apply subparagraphs (b) and (c) in
25        determining the eligibility of the person under this
26        Article even if the person loses eligibility under

 

 

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1        this paragraph 11.
2        12. Subject to federal approval, persons who are
3    eligible for medical assistance coverage under applicable
4    provisions of the federal Social Security Act and the
5    federal Breast and Cervical Cancer Prevention and
6    Treatment Act of 2000. Those eligible persons are defined
7    to include, but not be limited to, the following persons:
8            (1) persons who have been screened for breast or
9        cervical cancer under the U.S. Centers for Disease
10        Control and Prevention Breast and Cervical Cancer
11        Program established under Title XV of the federal
12        Public Health Service Act in accordance with the
13        requirements of Section 1504 of that Act as
14        administered by the Illinois Department of Public
15        Health; and
16            (2) persons whose screenings under the above
17        program were funded in whole or in part by funds
18        appropriated to the Illinois Department of Public
19        Health for breast or cervical cancer screening.
20        "Medical assistance" under this paragraph 12 shall be
21    identical to the benefits provided under the State's
22    approved plan under Title XIX of the Social Security Act.
23    The Department must request federal approval of the
24    coverage under this paragraph 12 within 30 days after July
25    3, 2001 (the effective date of Public Act 92-47).
26        In addition to the persons who are eligible for

 

 

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1    medical assistance pursuant to subparagraphs (1) and (2)
2    of this paragraph 12, and to be paid from funds
3    appropriated to the Department for its medical programs,
4    any uninsured person as defined by the Department in rules
5    residing in Illinois who is younger than 65 years of age,
6    who has been screened for breast and cervical cancer in
7    accordance with standards and procedures adopted by the
8    Department of Public Health for screening, and who is
9    referred to the Department by the Department of Public
10    Health as being in need of treatment for breast or
11    cervical cancer is eligible for medical assistance
12    benefits that are consistent with the benefits provided to
13    those persons described in subparagraphs (1) and (2).
14    Medical assistance coverage for the persons who are
15    eligible under the preceding sentence is not dependent on
16    federal approval, but federal moneys may be used to pay
17    for services provided under that coverage upon federal
18    approval.
19        13. Subject to appropriation and to federal approval,
20    persons living with HIV/AIDS who are not otherwise
21    eligible under this Article and who qualify for services
22    covered under Section 5-5.04 as provided by the Illinois
23    Department by rule.
24        14. Subject to the availability of funds for this
25    purpose, the Department may provide coverage under this
26    Article to persons who reside in Illinois who are not

 

 

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1    eligible under any of the preceding paragraphs and who
2    meet the income guidelines of paragraph 2(a) of this
3    Section and (i) have an application for asylum pending
4    before the federal Department of Homeland Security or on
5    appeal before a court of competent jurisdiction and are
6    represented either by counsel or by an advocate accredited
7    by the federal Department of Homeland Security and
8    employed by a not-for-profit organization in regard to
9    that application or appeal, or (ii) are receiving services
10    through a federally funded torture treatment center.
11    Medical coverage under this paragraph 14 may be provided
12    for up to 24 continuous months from the initial
13    eligibility date so long as an individual continues to
14    satisfy the criteria of this paragraph 14. If an
15    individual has an appeal pending regarding an application
16    for asylum before the Department of Homeland Security,
17    eligibility under this paragraph 14 may be extended until
18    a final decision is rendered on the appeal. The Department
19    may adopt rules governing the implementation of this
20    paragraph 14.
21        15. Family Care Eligibility.
22            (a) On and after July 1, 2012, a parent or other
23        caretaker relative who is 19 years of age or older when
24        countable income is at or below 133% of the federal
25        poverty level. A person may not spend down to become
26        eligible under this paragraph 15.

 

 

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1            (b) Eligibility shall be reviewed annually.
2            (c) (Blank).
3            (d) (Blank).
4            (e) (Blank).
5            (f) (Blank).
6            (g) (Blank).
7            (h) (Blank).
8            (i) Following termination of an individual's
9        coverage under this paragraph 15, the individual must
10        be determined eligible before the person can be
11        re-enrolled.
12        16. Subject to appropriation, uninsured persons who
13    are not otherwise eligible under this Section who have
14    been certified and referred by the Department of Public
15    Health as having been screened and found to need
16    diagnostic evaluation or treatment, or both diagnostic
17    evaluation and treatment, for prostate or testicular
18    cancer. For the purposes of this paragraph 16, uninsured
19    persons are those who do not have creditable coverage, as
20    defined under the Health Insurance Portability and
21    Accountability Act, or have otherwise exhausted any
22    insurance benefits they may have had, for prostate or
23    testicular cancer diagnostic evaluation or treatment, or
24    both diagnostic evaluation and treatment. To be eligible,
25    a person must furnish a Social Security number. A person's
26    assets are exempt from consideration in determining

 

 

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1    eligibility under this paragraph 16. Such persons shall be
2    eligible for medical assistance under this paragraph 16
3    for so long as they need treatment for the cancer. A person
4    shall be considered to need treatment if, in the opinion
5    of the person's treating physician, the person requires
6    therapy directed toward cure or palliation of prostate or
7    testicular cancer, including recurrent metastatic cancer
8    that is a known or presumed complication of prostate or
9    testicular cancer and complications resulting from the
10    treatment modalities themselves. Persons who require only
11    routine monitoring services are not considered to need
12    treatment. "Medical assistance" under this paragraph 16
13    shall be identical to the benefits provided under the
14    State's approved plan under Title XIX of the Social
15    Security Act. Notwithstanding any other provision of law,
16    the Department (i) does not have a claim against the
17    estate of a deceased recipient of services under this
18    paragraph 16 and (ii) does not have a lien against any
19    homestead property or other legal or equitable real
20    property interest owned by a recipient of services under
21    this paragraph 16.
22        17. Persons who, pursuant to a waiver approved by the
23    Secretary of the U.S. Department of Health and Human
24    Services, are eligible for medical assistance under Title
25    XIX or XXI of the federal Social Security Act.
26    Notwithstanding any other provision of this Code and

 

 

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1    consistent with the terms of the approved waiver, the
2    Illinois Department, may by rule:
3            (a) Limit the geographic areas in which the waiver
4        program operates.
5            (b) Determine the scope, quantity, duration, and
6        quality, and the rate and method of reimbursement, of
7        the medical services to be provided, which may differ
8        from those for other classes of persons eligible for
9        assistance under this Article.
10            (c) Restrict the persons' freedom in choice of
11        providers.
12        18. Beginning January 1, 2014, persons aged 19 or
13    older, but younger than 65, who are not otherwise eligible
14    for medical assistance under this Section 5-2, who qualify
15    for medical assistance pursuant to 42 U.S.C.
16    1396a(a)(10)(A)(i)(VIII) and applicable federal
17    regulations, and who have income at or below 133% of the
18    federal poverty level plus 5% for the applicable family
19    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
20    applicable federal regulations. Persons eligible for
21    medical assistance under this paragraph 18 shall receive
22    coverage for the Health Benefits Service Package as that
23    term is defined in subsection (m) of Section 5-1.1 of this
24    Code. If Illinois' federal medical assistance percentage
25    (FMAP) is reduced below 90% for persons eligible for
26    medical assistance under this paragraph 18, eligibility

 

 

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1    under this paragraph 18 shall cease no later than the end
2    of the third month following the month in which the
3    reduction in FMAP takes effect.
4        19. Beginning January 1, 2014, as required under 42
5    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
6    and younger than age 26 who are not otherwise eligible for
7    medical assistance under paragraphs (1) through (17) of
8    this Section who (i) were in foster care under the
9    responsibility of the State on the date of attaining age
10    18 or on the date of attaining age 22 21 when a court has
11    continued wardship for good cause as provided in Section
12    2-31 of the Juvenile Court Act of 1987 and (ii) received
13    medical assistance under the Illinois Title XIX State Plan
14    or waiver of such plan while in foster care.
15        20. Beginning January 1, 2018, persons who are
16    foreign-born victims of human trafficking, torture, or
17    other serious crimes as defined in Section 2-19 of this
18    Code and their derivative family members if such persons:
19    (i) reside in Illinois; (ii) are not eligible under any of
20    the preceding paragraphs; (iii) meet the income guidelines
21    of subparagraph (a) of paragraph 2; and (iv) meet the
22    nonfinancial eligibility requirements of Sections 16-2,
23    16-3, and 16-5 of this Code. The Department may extend
24    medical assistance for persons who are foreign-born
25    victims of human trafficking, torture, or other serious
26    crimes whose medical assistance would be terminated

 

 

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1    pursuant to subsection (b) of Section 16-5 if the
2    Department determines that the person, during the year of
3    initial eligibility (1) experienced a health crisis, (2)
4    has been unable, after reasonable attempts, to obtain
5    necessary information from a third party, or (3) has other
6    extenuating circumstances that prevented the person from
7    completing his or her application for status. The
8    Department may adopt any rules necessary to implement the
9    provisions of this paragraph.
10        21. Persons who are not otherwise eligible for medical
11    assistance under this Section who may qualify for medical
12    assistance pursuant to 42 U.S.C.
13    1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
14    duration of any federal or State declared emergency due to
15    COVID-19. Medical assistance to persons eligible for
16    medical assistance solely pursuant to this paragraph 21
17    shall be limited to any in vitro diagnostic product (and
18    the administration of such product) described in 42 U.S.C.
19    1396d(a)(3)(B) on or after March 18, 2020, any visit
20    described in 42 U.S.C. 1396o(a)(2)(G), or any other
21    medical assistance that may be federally authorized for
22    this class of persons. The Department may also cover
23    treatment of COVID-19 for this class of persons, or any
24    similar category of uninsured individuals, to the extent
25    authorized under a federally approved 1115 Waiver or other
26    federal authority. Notwithstanding the provisions of

 

 

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1    Section 1-11 of this Code, due to the nature of the
2    COVID-19 public health emergency, the Department may cover
3    and provide the medical assistance described in this
4    paragraph 21 to noncitizens who would otherwise meet the
5    eligibility requirements for the class of persons
6    described in this paragraph 21 for the duration of the
7    State emergency period.
8    In implementing the provisions of Public Act 96-20, the
9Department is authorized to adopt only those rules necessary,
10including emergency rules. Nothing in Public Act 96-20 permits
11the Department to adopt rules or issue a decision that expands
12eligibility for the FamilyCare Program to a person whose
13income exceeds 185% of the Federal Poverty Level as determined
14from time to time by the U.S. Department of Health and Human
15Services, unless the Department is provided with express
16statutory authority.
17    The eligibility of any such person for medical assistance
18under this Article is not affected by the payment of any grant
19under the Senior Citizens and Persons with Disabilities
20Property Tax Relief Act or any distributions or items of
21income described under subparagraph (X) of paragraph (2) of
22subsection (a) of Section 203 of the Illinois Income Tax Act.
23    The Department shall by rule establish the amounts of
24assets to be disregarded in determining eligibility for
25medical assistance, which shall at a minimum equal the amounts
26to be disregarded under the Federal Supplemental Security

 

 

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1Income Program. The amount of assets of a single person to be
2disregarded shall not be less than $2,000, and the amount of
3assets of a married couple to be disregarded shall not be less
4than $3,000.
5    To the extent permitted under federal law, any person
6found guilty of a second violation of Article VIIIA shall be
7ineligible for medical assistance under this Article, as
8provided in Section 8A-8.
9    The eligibility of any person for medical assistance under
10this Article shall not be affected by the receipt by the person
11of donations or benefits from fundraisers held for the person
12in cases of serious illness, as long as neither the person nor
13members of the person's family have actual control over the
14donations or benefits or the disbursement of the donations or
15benefits.
16    Notwithstanding any other provision of this Code, if the
17United States Supreme Court holds Title II, Subtitle A,
18Section 2001(a) of Public Law 111-148 to be unconstitutional,
19or if a holding of Public Law 111-148 makes Medicaid
20eligibility allowed under Section 2001(a) inoperable, the
21State or a unit of local government shall be prohibited from
22enrolling individuals in the Medical Assistance Program as the
23result of federal approval of a State Medicaid waiver on or
24after June 14, 2012 (the effective date of Public Act 97-687),
25and any individuals enrolled in the Medical Assistance Program
26pursuant to eligibility permitted as a result of such a State

 

 

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1Medicaid waiver shall become immediately ineligible.
2    Notwithstanding any other provision of this Code, if an
3Act of Congress that becomes a Public Law eliminates Section
42001(a) of Public Law 111-148, the State or a unit of local
5government shall be prohibited from enrolling individuals in
6the Medical Assistance Program as the result of federal
7approval of a State Medicaid waiver on or after June 14, 2012
8(the effective date of Public Act 97-687), and any individuals
9enrolled in the Medical Assistance Program pursuant to
10eligibility permitted as a result of such a State Medicaid
11waiver shall become immediately ineligible.
12    Effective October 1, 2013, the determination of
13eligibility of persons who qualify under paragraphs 5, 6, 8,
1415, 17, and 18 of this Section shall comply with the
15requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
16regulations.
17    The Department of Healthcare and Family Services, the
18Department of Human Services, and the Illinois health
19insurance marketplace shall work cooperatively to assist
20persons who would otherwise lose health benefits as a result
21of changes made under Public Act 98-104 to transition to other
22health insurance coverage.
23(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
24102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
2510-8-21; 102-813, eff. 5-13-22.)
 

 

 

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1    Section 35. The Juvenile Court Act of 1987 is amended by
2changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
 
3    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
4    Sec. 2-23. Kinds of dispositional orders.
5    (1) The following kinds of orders of disposition may be
6made in respect of wards of the court:
7        (a) A minor found to be neglected or abused under
8    Section 2-3 or dependent under Section 2-4 may be (1)
9    continued in the custody of the minor's parents, guardian
10    or legal custodian; (2) placed in accordance with Section
11    2-27; (3) restored to the custody of the parent, parents,
12    guardian, or legal custodian, provided the court shall
13    order the parent, parents, guardian, or legal custodian to
14    cooperate with the Department of Children and Family
15    Services and comply with the terms of an after-care plan
16    or risk the loss of custody of the child and the possible
17    termination of their parental rights; or (4) ordered
18    partially or completely emancipated in accordance with the
19    provisions of the Emancipation of Minors Act.
20        If the minor is being restored to the custody of a
21    parent, legal custodian, or guardian who lives outside of
22    Illinois, and an Interstate Compact has been requested and
23    refused, the court may order the Department of Children
24    and Family Services to arrange for an assessment of the
25    minor's proposed living arrangement and for ongoing

 

 

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1    monitoring of the health, safety, and best interest of the
2    minor and compliance with any order of protective
3    supervision entered in accordance with Section 2-24.
4        However, in any case in which a minor is found by the
5    court to be neglected or abused under Section 2-3 of this
6    Act, custody of the minor shall not be restored to any
7    parent, guardian or legal custodian whose acts or
8    omissions or both have been identified, pursuant to
9    subsection (1) of Section 2-21, as forming the basis for
10    the court's finding of abuse or neglect, until such time
11    as a hearing is held on the issue of the best interests of
12    the minor and the fitness of such parent, guardian or
13    legal custodian to care for the minor without endangering
14    the minor's health or safety, and the court enters an
15    order that such parent, guardian or legal custodian is fit
16    to care for the minor.
17        (b) A minor found to be dependent under Section 2-4
18    may be (1) placed in accordance with Section 2-27 or (2)
19    ordered partially or completely emancipated in accordance
20    with the provisions of the Emancipation of Minors Act.
21        However, in any case in which a minor is found by the
22    court to be dependent under Section 2-4 of this Act,
23    custody of the minor shall not be restored to any parent,
24    guardian or legal custodian whose acts or omissions or
25    both have been identified, pursuant to subsection (1) of
26    Section 2-21, as forming the basis for the court's finding

 

 

SB3697- 76 -LRB103 36730 KTG 66840 b

1    of dependency, until such time as a hearing is held on the
2    issue of the fitness of such parent, guardian or legal
3    custodian to care for the minor without endangering the
4    minor's health or safety, and the court enters an order
5    that such parent, guardian or legal custodian is fit to
6    care for the minor.
7        (b-1) A minor between the ages of 18 and 23 21 may be
8    placed pursuant to Section 2-27 of this Act if (1) the
9    court has granted a supplemental petition to reinstate
10    wardship of the minor pursuant to subsection (2) of
11    Section 2-33, (2) the court has adjudicated the minor a
12    ward of the court, permitted the minor to return home
13    under an order of protection, and subsequently made a
14    finding that it is in the minor's best interest to vacate
15    the order of protection and commit the minor to the
16    Department of Children and Family Services for care and
17    service, or (3) the court returned the minor to the
18    custody of the respondent under Section 2-4b of this Act
19    without terminating the proceedings under Section 2-31 of
20    this Act, and subsequently made a finding that it is in the
21    minor's best interest to commit the minor to the
22    Department of Children and Family Services for care and
23    services.
24        (c) When the court awards guardianship to the
25    Department of Children and Family Services, the court
26    shall order the parents to cooperate with the Department

 

 

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1    of Children and Family Services, comply with the terms of
2    the service plans, and correct the conditions that require
3    the child to be in care, or risk termination of their
4    parental rights.
5    (2) Any order of disposition may provide for protective
6supervision under Section 2-24 and may include an order of
7protection under Section 2-25.
8    Unless the order of disposition expressly so provides, it
9does not operate to close proceedings on the pending petition,
10but is subject to modification, not inconsistent with Section
112-28, until final closing and discharge of the proceedings
12under Section 2-31.
13    (3) The court also shall enter any other orders necessary
14to fulfill the service plan, including, but not limited to,
15(i) orders requiring parties to cooperate with services, (ii)
16restraining orders controlling the conduct of any party likely
17to frustrate the achievement of the goal, and (iii) visiting
18orders. When the child is placed separately from a sibling,
19the court shall review the Sibling Contact Support Plan
20developed under subsection (f) of Section 7.4 of the Children
21and Family Services Act, if applicable. If the Department has
22not convened a meeting to develop a Sibling Contact Support
23Plan, or if the court finds that the existing Plan is not in
24the child's best interest, the court may enter an order
25requiring the Department to develop and implement a Sibling
26Contact Support Plan under subsection (f) of Section 7.4 of

 

 

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1the Children and Family Services Act or order mediation.
2Unless otherwise specifically authorized by law, the court is
3not empowered under this subsection (3) to order specific
4placements, specific services, or specific service providers
5to be included in the plan. If, after receiving evidence, the
6court determines that the services contained in the plan are
7not reasonably calculated to facilitate achievement of the
8permanency goal, the court shall put in writing the factual
9basis supporting the determination and enter specific findings
10based on the evidence. The court also shall enter an order for
11the Department to develop and implement a new service plan or
12to implement changes to the current service plan consistent
13with the court's findings. The new service plan shall be filed
14with the court and served on all parties within 45 days after
15the date of the order. The court shall continue the matter
16until the new service plan is filed. Except as authorized by
17subsection (3.5) of this Section or authorized by law, the
18court is not empowered under this Section to order specific
19placements, specific services, or specific service providers
20to be included in the service plan.
21    (3.5) If, after reviewing the evidence, including evidence
22from the Department, the court determines that the minor's
23current or planned placement is not necessary or appropriate
24to facilitate achievement of the permanency goal, the court
25shall put in writing the factual basis supporting its
26determination and enter specific findings based on the

 

 

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1evidence. If the court finds that the minor's current or
2planned placement is not necessary or appropriate, the court
3may enter an order directing the Department to implement a
4recommendation by the minor's treating clinician or a
5clinician contracted by the Department to evaluate the minor
6or a recommendation made by the Department. If the Department
7places a minor in a placement under an order entered under this
8subsection (3.5), the Department has the authority to remove
9the minor from that placement when a change in circumstances
10necessitates the removal to protect the minor's health,
11safety, and best interest. If the Department determines
12removal is necessary, the Department shall notify the parties
13of the planned placement change in writing no later than 10
14days prior to the implementation of its determination unless
15remaining in the placement poses an imminent risk of harm to
16the minor, in which case the Department shall notify the
17parties of the placement change in writing immediately
18following the implementation of its decision. The Department
19shall notify others of the decision to change the minor's
20placement as required by Department rule.
21    (4) In addition to any other order of disposition, the
22court may order any minor adjudicated neglected with respect
23to the minor's own injurious behavior to make restitution, in
24monetary or non-monetary form, under the terms and conditions
25of Section 5-5-6 of the Unified Code of Corrections, except
26that the "presentence hearing" referred to therein shall be

 

 

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1the dispositional hearing for purposes of this Section. The
2parent, guardian or legal custodian of the minor may pay some
3or all of such restitution on the minor's behalf.
4    (5) Any order for disposition where the minor is committed
5or placed in accordance with Section 2-27 shall provide for
6the parents or guardian of the estate of such minor to pay to
7the legal custodian or guardian of the person of the minor such
8sums as are determined by the custodian or guardian of the
9person of the minor as necessary for the minor's needs. Such
10payments may not exceed the maximum amounts provided for by
11Section 9.1 of the Children and Family Services Act.
12    (6) Whenever the order of disposition requires the minor
13to attend school or participate in a program of training, the
14truant officer or designated school official shall regularly
15report to the court if the minor is a chronic or habitual
16truant under Section 26-2a of the School Code.
17    (7) The court may terminate the parental rights of a
18parent at the initial dispositional hearing if all of the
19conditions in subsection (5) of Section 2-21 are met.
20(Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
21    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
22    Sec. 2-31. Duration of wardship and discharge of
23proceedings.
24    (1) All proceedings under Article II of this Act in
25respect of any minor automatically terminate upon the minor

 

 

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1attaining the age of 23 21 years.
2    (2) Whenever the court determines, and makes written
3factual findings, that health, safety, and the best interests
4of the minor and the public no longer require the wardship of
5the court, the court shall order the wardship terminated and
6all proceedings under this Act respecting that minor finally
7closed and discharged. The court may at the same time continue
8or terminate any custodianship or guardianship theretofore
9ordered but the termination must be made in compliance with
10Section 2-28. When terminating wardship under this Section, if
11the minor is over 18 or if wardship is terminated in
12conjunction with an order partially or completely emancipating
13the minor in accordance with the Emancipation of Minors Act,
14the court shall also consider the following factors, in
15addition to the health, safety, and best interest of the minor
16and the public: (A) the minor's wishes regarding case closure;
17(B) the manner in which the minor will maintain independence
18without services from the Department; (C) the minor's
19engagement in services including placement offered by the
20Department; (D) if the minor is not engaged, the Department's
21efforts to engage the minor; (E) the nature of communication
22between the minor and the Department; (F) the minor's
23involvement in other State systems or services; (G) the
24minor's connections with family and other community support;
25and (H) any other factor the court deems relevant. The minor's
26lack of cooperation with services provided by the Department

 

 

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1of Children and Family Services shall not by itself be
2considered sufficient evidence that the minor is prepared to
3live independently and that it is in the best interest of the
4minor to terminate wardship. It shall not be in the minor's
5best interest to terminate wardship of a minor over the age of
618 who is in the guardianship of the Department of Children and
7Family Services if the Department has not made reasonable
8efforts to ensure that the minor has documents necessary for
9adult living as provided in Section 35.10 of the Children and
10Family Services Act.
11    (3) The wardship of the minor and any custodianship or
12guardianship respecting the minor for whom a petition was
13filed after July 24, 1991 (the effective date of Public Act
1487-14) automatically terminates when the minor attains the age
15of 19 years, except as set forth in subsection (1) of this
16Section. The clerk of the court shall at that time record all
17proceedings under this Act as finally closed and discharged
18for that reason. The provisions of this subsection (3) become
19inoperative on and after July 12, 2019 (the effective date of
20Public Act 101-78).
21    (4) Notwithstanding any provision of law to the contrary,
22the changes made by Public Act 101-78 apply to all cases that
23are pending on or after July 12, 2019 (the effective date of
24Public Act 101-78).
25(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
 

 

 

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1    (705 ILCS 405/2-33)
2    Sec. 2-33. Supplemental petition to reinstate wardship.
3    (1) Any time prior to a minor's 18th birthday, pursuant to
4a supplemental petition filed under this Section, the court
5may reinstate wardship and open a previously closed case when:
6        (a) wardship and guardianship under the Juvenile Court
7    Act of 1987 was vacated in conjunction with the
8    appointment of a private guardian under the Probate Act of
9    1975;
10        (b) the minor is not presently a ward of the court
11    under Article II of this Act nor is there a petition for
12    adjudication of wardship pending on behalf of the minor;
13    and
14        (c) it is in the minor's best interest that wardship
15    be reinstated.
16    (2) Any time prior to a minor's 23rd 21st birthday,
17pursuant to a supplemental petition filed under this Section,
18the court may reinstate wardship and open a previously closed
19case when:
20        (a) wardship and guardianship under this Act was
21    vacated pursuant to:
22            (i) an order entered under subsection (2) of
23        Section 2-31 in the case of a minor over the age of 18;
24            (ii) closure of a case under subsection (2) of
25        Section 2-31 in the case of a minor under the age of 18
26        who has been partially or completely emancipated in

 

 

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1        accordance with the Emancipation of Minors Act; or
2            (iii) an order entered under subsection (3) of
3        Section 2-31 based on the minor's attaining the age of
4        19 years before the effective date of this amendatory
5        Act of the 101st General Assembly;
6        (b) the minor is not presently a ward of the court
7    under Article II of this Act nor is there a petition for
8    adjudication of wardship pending on behalf of the minor;
9    and
10        (c) it is in the minor's best interest that wardship
11    be reinstated.
12    (3) The supplemental petition must be filed in the same
13proceeding in which the original adjudication order was
14entered. Unless excused by court for good cause shown, the
15petitioner shall give notice of the time and place of the
16hearing on the supplemental petition, in person or by mail, to
17the minor, if the minor is 14 years of age or older, and to the
18parties to the juvenile court proceeding. Notice shall be
19provided at least 3 court days in advance of the hearing date.
20    (3.5) Whenever a petition is filed to reinstate wardship
21pursuant to subsection (1), prior to granting the petition,
22the court may order the Department of Children and Family
23Services to assess the minor's current and proposed living
24arrangements and to provide ongoing monitoring of the health,
25safety, and best interest of the minor during the pendency of
26the petition to assist the court in making that determination.

 

 

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1    (4) A minor who is the subject of a petition to reinstate
2wardship under this Section shall be provided with
3representation in accordance with Sections 1-5 and 2-17 of
4this Act.
5    (5) Whenever a minor is committed to the Department of
6Children and Family Services for care and services following
7the reinstatement of wardship under this Section, the
8Department shall:
9        (a) Within 30 days of such commitment, prepare and
10    file with the court a case plan which complies with the
11    federal Adoption Assistance and Child Welfare Act of 1980
12    and is consistent with the health, safety and best
13    interests of the minor; and
14        (b) Promptly refer the minor for such services as are
15    necessary and consistent with the minor's health, safety
16    and best interests.
17(Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
 
18    (705 ILCS 405/2-34)
19    Sec. 2-34. Motion to reinstate parental rights.
20    (1) For purposes of this subsection (1), the term "parent"
21refers to the person or persons whose rights were terminated
22as described in paragraph (a) of this subsection; and the term
23"minor" means a person under the age of 23 21 years subject to
24this Act for whom the Department of Children and Family
25Services Guardianship Administrator is appointed the temporary

 

 

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1custodian or guardian.
2    A motion to reinstate parental rights may be filed only by
3the Department of Children and Family Services or the minor
4regarding any minor who is presently a ward of the court under
5Article II of this Act when all the conditions set out in
6paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
7subsection (1) are met:
8        (a) while the minor was under the jurisdiction of the
9    court under Article II of this Act, the minor's parent or
10    parents surrendered the minor for adoption to an agency
11    legally authorized to place children for adoption, or the
12    minor's parent or parents consented to the minor's
13    adoption, or the minor's parent or parents consented to
14    the minor's adoption by a specified person or persons, or
15    the parent or parents' rights were terminated pursuant to
16    a finding of unfitness pursuant to Section 2-29 of this
17    Act and a guardian was appointed with the power to consent
18    to adoption pursuant to Section 2-29 of this Act; and
19        (b) (i) since the signing of the surrender, the
20    signing of the consent, or the unfitness finding, the
21    minor has remained a ward of the Court under Article II of
22    this Act; or
23        (ii) the minor was made a ward of the Court, the minor
24    was placed in the private guardianship of an individual or
25    individuals, and after the appointment of a private
26    guardian and a new petition alleging abuse, neglect, or

 

 

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1    dependency pursuant to Section 2-3 or 2-4 is filed, and
2    the minor is again found by the court to be abused,
3    neglected or dependent; or a supplemental petition to
4    reinstate wardship is filed pursuant to Section 2-33, and
5    the court reinstates wardship; or
6        (iii) the minor was made a ward of the Court, wardship
7    was terminated after the minor was adopted, after the
8    adoption a new petition alleging abuse, neglect, or
9    dependency pursuant to Section 2-3 or 2-4 is filed, and
10    the minor is again found by the court to be abused,
11    neglected, or dependent, and either (i) the adoptive
12    parent or parents are deceased, (ii) the adoptive parent
13    or parents signed a surrender of parental rights, or (iii)
14    the parental rights of the adoptive parent or parents were
15    terminated;
16        (c) the minor is not currently in a placement likely
17    to achieve permanency;
18        (d) it is in the minor's best interest that parental
19    rights be reinstated;
20        (e) the parent named in the motion wishes parental
21    rights to be reinstated and is currently appropriate to
22    have rights reinstated;
23        (f) more than 3 years have lapsed since the signing of
24    the consent or surrender, or the entry of the order
25    appointing a guardian with the power to consent to
26    adoption;

 

 

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1        (g) (i) the child is 13 years of age or older or (ii)
2    the child is the younger sibling of such child, 13 years of
3    age or older, for whom reinstatement of parental rights is
4    being sought and the younger sibling independently meets
5    the criteria set forth in paragraphs (a) through (h) of
6    this subsection; and
7        (h) if the court has previously denied a motion to
8    reinstate parental rights filed by the Department, there
9    has been a substantial change in circumstances following
10    the denial of the earlier motion.
11    (2) The motion may be filed only by the Department of
12Children and Family Services or by the minor. Unless excused
13by the court for good cause shown, the movant shall give notice
14of the time and place of the hearing on the motion, in person
15or by mail, to the parties to the juvenile court proceeding.
16Notice shall be provided at least 14 days in advance of the
17hearing date. The motion shall include the allegations
18required in subsection (1) of this Section.
19    (3) Any party may file a motion to dismiss the motion with
20prejudice on the basis that the parent has intentionally acted
21to prevent the child from being adopted, after parental rights
22were terminated or the parent intentionally acted to disrupt
23the child's adoption. If the court finds by a preponderance of
24the evidence that the parent has intentionally acted to
25prevent the child from being adopted, after parental rights
26were terminated or that the parent intentionally acted to

 

 

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1disrupt the child's adoption, the court shall dismiss the
2petition with prejudice.
3    (4) The court shall not grant a motion for reinstatement
4of parental rights unless the court finds that the motion is
5supported by clear and convincing evidence. In ruling on a
6motion to reinstate parental rights, the court shall make
7findings consistent with the requirements in subsection (1) of
8this Section. The court shall consider the reasons why the
9child was initially brought to the attention of the court, the
10history of the child's case as it relates to the parent seeking
11reinstatement, and the current circumstances of the parent for
12whom reinstatement of rights is sought. If reinstatement is
13being considered subsequent to a finding of unfitness pursuant
14to Section 2-29 of this Act having been entered with respect to
15the parent whose rights are being restored, the court in
16determining the minor's best interest shall consider, in
17addition to the factors set forth in paragraph (4.05) of
18Section 1-3 of this Act, the specific grounds upon which the
19unfitness findings were made. Upon the entry of an order
20granting a motion to reinstate parental rights, parental
21rights of the parent named in the order shall be reinstated,
22any previous order appointing a guardian with the power to
23consent to adoption shall be void and with respect to the
24parent named in the order, any consent shall be void.
25    (5) If the case is post-disposition, the court, upon the
26entry of an order granting a motion to reinstate parental

 

 

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1rights, shall schedule the matter for a permanency hearing
2pursuant to Section 2-28 of this Act within 45 days.
3    (6) Custody of the minor shall not be restored to the
4parent, except by order of court pursuant to subsection (4) of
5Section 2-28 of this Act.
6    (7) In any case involving a child over the age of 13 who
7meets the criteria established in this Section for
8reinstatement of parental rights, the Department of Children
9and Family Services shall conduct an assessment of the child's
10circumstances to assist in future planning for the child,
11including, but not limited to a determination regarding the
12appropriateness of filing a motion to reinstate parental
13rights.
14    (8) (Blank).
15(Source: P.A. 103-22, eff. 8-8-23.)
 
16    Section 40. The Unified Code of Corrections is amended by
17changing Section 5-9-1.21 as follows:
 
18    (730 ILCS 5/5-9-1.21)
19    Sec. 5-9-1.21. Specialized Services for Survivors of Human
20Trafficking Fund.
21    (a) There is created in the State treasury a Specialized
22Services for Survivors of Human Trafficking Fund. Moneys
23deposited into the Fund under this Section shall be available
24for the Department of Human Services for the purposes in this

 

 

SB3697- 91 -LRB103 36730 KTG 66840 b

1Section.
2    (b) (Blank).
3    (c) (Blank).
4    (d) Upon appropriation of moneys from the Specialized
5Services for Survivors of Human Trafficking Fund, the
6Department of Human Services shall use these moneys to make
7grants to non-governmental organizations that to provide
8specialized comprehensive treatment and support services ,
9trauma-informed services specifically designed to address the
10priority service needs associated with prostitution and human
11trafficking. Priority services include, but are not limited
12to, community based drop-in centers, emergency housing, and
13long-term safe homes, medical care, mental health and
14substance abuse care, nutritional counseling, job training,
15transportation, and other basic human needs. The Department
16shall consult with prostitution and human trafficking
17advocates, survivors, and service providers to identify
18priority service needs in their respective communities.
19    (e) Grants made under this Section are in addition to, and
20not substitutes for, other grants authorized and made by the
21Department.
22    (f) Notwithstanding any other law to the contrary, the
23Specialized Services for Survivors of Human Trafficking Fund
24is not subject to sweeps, administrative charge-backs, or any
25other fiscal maneuver that would in any way transfer any
26amounts from the Specialized Services for Survivors of Human

 

 

SB3697- 92 -LRB103 36730 KTG 66840 b

1Trafficking Fund into any other fund of the State.
2    (g) Subsections (b) and (c) of Section 5 of the State
3Finance Act do not apply to the Specialized Services for
4Survivors of Human Trafficking Fund.
5(Source: P.A. 100-987, eff. 7-1-19.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    15 ILCS 335/12from Ch. 124, par. 32
4    20 ILCS 505/5
5    20 ILCS 505/5.06 new
6    20 ILCS 505/5.07 new
7    20 ILCS 2605/2605-51a new
8    30 ILCS 105/5from Ch. 127, par. 141
9    225 ILCS 10/2.21a new
10    225 ILCS 10/3.7 new
11    225 ILCS 10/4from Ch. 23, par. 2214
12    305 ILCS 5/5-2from Ch. 23, par. 5-2
13    705 ILCS 405/2-23from Ch. 37, par. 802-23
14    705 ILCS 405/2-31from Ch. 37, par. 802-31
15    705 ILCS 405/2-33
16    705 ILCS 405/2-34
17    730 ILCS 5/5-9-1.21