Illinois General Assembly - Full Text of HB3835
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Full Text of HB3835  102nd General Assembly

HB3835 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3835

 

Introduced 2/22/2021, by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5  from Ch. 23, par. 5005
20 ILCS 1305/10-26
20 ILCS 1705/11.3
30 ILCS 500/45-35
105 ILCS 5/14-8.03  from Ch. 122, par. 14-8.03
105 ILCS 5/14-11.02  from Ch. 122, par. 14-11.02

    Amends the Department of Human Services Act. Provides that an individual who is added to the Department of Human Services's Prioritization of Urgency of Need for Services (PUNS) database before the age of 18 years must be selected from the PUNS database within 5 years after the individual is added. Amends the Children with Disabilities Article of the School Code. Provides that a person is eligible for transition services through age 23, which means the day before the person's 24th birthday, unless the person's 24th birthday occurs during the school year, in which case the person is eligible for transition services through the end of the school year (rather than providing that a public school's responsibility for delivering educational services does not extend beyond the time the student leaves school or when the student's eligibility ends due to age under the Article); makes related changes, including in the Children and Family Services Act, the Mental Health and Developmental Disabilities Administrative Act, and the Illinois Procurement Code. Effective immediately.


LRB102 15352 NHT 20712 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3835LRB102 15352 NHT 20712 b

1    AN ACT concerning persons with disabilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State
13    who are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, and who continue under the
18        jurisdiction of the court; or
19            (B) were accepted for care, service and training
20        by the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless,
13        dependent, or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation, or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the
26        child and the families when the child can be cared for

 

 

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1        at home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the biological family is
5        not safe, possible, or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting, or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) (Blank).
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 his family of
9the Department's responsibility to offer and provide family
10preservation services as identified in the service plan. The
11child and his family shall be eligible for services as soon as
12the report is determined to be "indicated". The Department may
13offer services to any child or family with respect to whom a
14report of suspected child abuse or neglect has been filed,
15prior to concluding its investigation under Section 7.12 of
16the Abused and Neglected Child Reporting Act. However, the
17child's or family's willingness to accept services shall not
18be considered in the investigation. The Department may also
19provide services to any child or family who is the subject of
20any report of suspected child abuse or neglect or may refer
21such child or family to services available from other agencies
22in the community, even if the report is determined to be
23unfounded, if the conditions in the child's or family's home
24are reasonably likely to subject the child or family to future
25reports of suspected child abuse or neglect. Acceptance of
26such services shall be voluntary. The Department may also

 

 

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1provide services to any child or family after completion of a
2family assessment, as an alternative to an investigation, as
3provided under the "differential response program" provided
4for in subsection (a-5) of Section 7.4 of the Abused and
5Neglected Child Reporting Act.
6    The Department may, at its discretion except for those
7children also adjudicated neglected or dependent, accept for
8care and training any child who has been adjudicated addicted,
9as a truant minor in need of supervision or as a minor
10requiring authoritative intervention, under the Juvenile Court
11Act or the Juvenile Court Act of 1987, but no such child shall
12be committed to the Department by any court without the
13approval of the Department. On and after January 1, 2015 (the
14effective date of Public Act 98-803) and before January 1,
152017, a minor charged with a criminal offense under the
16Criminal Code of 1961 or the Criminal Code of 2012 or
17adjudicated delinquent shall not be placed in the custody of
18or committed to the Department by any court, except (i) a minor
19less than 16 years of age committed to the Department under
20Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
21for whom an independent basis of abuse, neglect, or dependency
22exists, which must be defined by departmental rule, or (iii) a
23minor for whom the court has granted a supplemental petition
24to reinstate wardship pursuant to subsection (2) of Section
252-33 of the Juvenile Court Act of 1987. On and after January 1,
262017, a minor charged with a criminal offense under the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012 or
2adjudicated delinquent shall not be placed in the custody of
3or committed to the Department by any court, except (i) a minor
4less than 15 years of age committed to the Department under
5Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
6for whom an independent basis of abuse, neglect, or dependency
7exists, which must be defined by departmental rule, or (iii) a
8minor for whom the court has granted a supplemental petition
9to reinstate wardship pursuant to subsection (2) of Section
102-33 of the Juvenile Court Act of 1987. An independent basis
11exists when the allegations or adjudication of abuse, neglect,
12or dependency do not arise from the same facts, incident, or
13circumstances which give rise to a charge or adjudication of
14delinquency. The Department shall assign a caseworker to
15attend any hearing involving a youth in the care and custody of
16the Department who is placed on aftercare release, including
17hearings involving sanctions for violation of aftercare
18release conditions and aftercare release revocation hearings.
19    As soon as is possible after August 7, 2009 (the effective
20date of Public Act 96-134), the Department shall develop and
21implement a special program of family preservation services to
22support intact, foster, and adoptive families who are
23experiencing extreme hardships due to the difficulty and
24stress of caring for a child who has been diagnosed with a
25pervasive developmental disorder if the Department determines
26that those services are necessary to ensure the health and

 

 

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

 

 

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

 

 

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

 

 

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1        (2) the child is found in the State and neither a
2    parent, guardian nor custodian of the child can be
3    located.
4If the child is found in his or her residence without a parent,
5guardian, custodian, or responsible caretaker, the Department
6may, instead of removing the child and assuming temporary
7custody, place an authorized representative of the Department
8in that residence until such time as a parent, guardian, or
9custodian enters the home and expresses a willingness and
10apparent ability to ensure the child's health and safety and
11resume permanent charge of the child, or until a relative
12enters the home and is willing and able to ensure the child's
13health and safety and assume charge of the child until a
14parent, guardian, or custodian enters the home and expresses
15such willingness and ability to ensure the child's safety and
16resume permanent charge. After a caretaker has remained in the
17home for a period not to exceed 12 hours, the Department must
18follow those procedures outlined in Section 2-9, 3-11, 4-8, or
195-415 of the Juvenile Court Act of 1987.
20    The Department shall have the authority, responsibilities
21and duties that a legal custodian of the child would have
22pursuant to subsection (9) of Section 1-3 of the Juvenile
23Court Act of 1987. Whenever a child is taken into temporary
24custody pursuant to an investigation under the Abused and
25Neglected Child Reporting Act, or pursuant to a referral and
26acceptance under the Juvenile Court Act of 1987 of a minor in

 

 

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1limited custody, the Department, during the period of
2temporary custody and before the child is brought before a
3judicial officer as required by Section 2-9, 3-11, 4-8, or
45-415 of the Juvenile Court Act of 1987, shall have the
5authority, responsibilities and duties that a legal custodian
6of the child would have under subsection (9) of Section 1-3 of
7the Juvenile Court Act of 1987.
8    The Department shall ensure that any child taken into
9custody is scheduled for an appointment for a medical
10examination.
11    A parent, guardian, or custodian of a child in the
12temporary custody of the Department who would have custody of
13the child if he were not in the temporary custody of the
14Department may deliver to the Department a signed request that
15the Department surrender the temporary custody of the child.
16The Department may retain temporary custody of the child for
1710 days after the receipt of the request, during which period
18the Department may cause to be filed a petition pursuant to the
19Juvenile Court Act of 1987. If a petition is so filed, the
20Department shall retain temporary custody of the child until
21the court orders otherwise. If a petition is not filed within
22the 10-day period, the child shall be surrendered to the
23custody of the requesting parent, guardian, or custodian not
24later than the expiration of the 10-day period, at which time
25the authority and duties of the Department with respect to the
26temporary custody of the child shall terminate.

 

 

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

 

 

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1facility for board, clothing, care, training and supervision
2of such a child that exceed the average per capita cost of
3maintaining and of caring for a child in institutions for
4dependent or neglected children operated by the Department.
5However, such restriction on payments does not apply in cases
6where children require specialized care and treatment for
7problems of severe emotional disturbance, physical disability,
8social adjustment, or any combination thereof and suitable
9facilities for the placement of such children are not
10available at payment rates within the limitations set forth in
11this Section. All reimbursements for services delivered shall
12be absolutely inalienable by assignment, sale, attachment, or
13garnishment or otherwise.
14    (n-1) The Department shall provide or authorize child
15welfare services, aimed at assisting minors to achieve
16sustainable self-sufficiency as independent adults, for any
17minor eligible for the reinstatement of wardship pursuant to
18subsection (2) of Section 2-33 of the Juvenile Court Act of
191987, whether or not such reinstatement is sought or allowed,
20provided that the minor consents to such services and has not
21yet attained the age of 21. The Department shall have
22responsibility for the development and delivery of services
23under this Section. An eligible youth may access services
24under this Section through the Department of Children and
25Family Services or by referral from the Department of Human
26Services. Youth participating in services under this Section

 

 

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

 

 

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1private agency decision by that agency. The Department shall
2ensure that any private child welfare agency, which accepts
3youth in care for placement, affords those rights to children
4and foster families. The Department shall accept for
5administrative review and an appeal hearing a complaint made
6by (i) a child or foster family concerning a decision
7following an initial review by a private child welfare agency
8or (ii) a prospective adoptive parent who alleges a violation
9of subsection (j-5) of this Section. An appeal of a decision
10concerning a change in the placement of a child shall be
11conducted in an expedited manner. A court determination that a
12current foster home placement is necessary and appropriate
13under Section 2-28 of the Juvenile Court Act of 1987 does not
14constitute a judicial determination on the merits of an
15administrative appeal, filed by a former foster parent,
16involving a change of placement decision.
17    (p) (Blank).
18    (q) The Department may receive and use, in their entirety,
19for the benefit of children any gift, donation, or bequest of
20money or other property which is received on behalf of such
21children, or any financial benefits to which such children are
22or may become entitled while under the jurisdiction or care of
23the Department.
24    The Department shall set up and administer no-cost,
25interest-bearing accounts in appropriate financial
26institutions for children for whom the Department is legally

 

 

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1responsible and who have been determined eligible for
2Veterans' Benefits, Social Security benefits, assistance
3allotments from the armed forces, court ordered payments,
4parental voluntary payments, Supplemental Security Income,
5Railroad Retirement payments, Black Lung benefits, or other
6miscellaneous payments. Interest earned by each account shall
7be credited to the account, unless disbursed in accordance
8with this subsection.
9    In disbursing funds from children's accounts, the
10Department shall:
11        (1) Establish standards in accordance with State and
12    federal laws for disbursing money from children's
13    accounts. In all circumstances, the Department's
14    "Guardianship Administrator" or his or her designee must
15    approve disbursements from children's accounts. The
16    Department shall be responsible for keeping complete
17    records of all disbursements for each account for any
18    purpose.
19        (2) Calculate on a monthly basis the amounts paid from
20    State funds for the child's board and care, medical care
21    not covered under Medicaid, and social services; and
22    utilize funds from the child's account, as covered by
23    regulation, to reimburse those costs. Monthly,
24    disbursements from all children's accounts, up to 1/12 of
25    $13,000,000, shall be deposited by the Department into the
26    General Revenue Fund and the balance over 1/12 of

 

 

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

 

 

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

 

 

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

 

 

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1the information required by this paragraph, which may be
2provided to the foster or prospective adoptive parent in
3advance of a placement. The foster or prospective adoptive
4parent may review the supporting documents in the child's file
5in the presence of casework staff. In the case of an emergency
6placement, casework staff shall at least provide known
7information verbally, if necessary, and must subsequently
8provide the information in writing as required by this
9subsection.
10    The information described in this subsection shall be
11provided in writing. In the case of emergency placements when
12time does not allow prior review, preparation, and collection
13of written information, the Department shall provide such
14information as it becomes available. Within 10 business days
15after placement, the Department shall obtain from the
16prospective adoptive parent or parents or other caretaker a
17signed verification of receipt of the information provided.
18Within 10 business days after placement, the Department shall
19provide to the child's guardian ad litem a copy of the
20information provided to the prospective adoptive parent or
21parents or other caretaker. The information provided to the
22prospective adoptive parent or parents or other caretaker
23shall be reviewed and approved regarding accuracy at the
24supervisory level.
25    (u-5) Effective July 1, 1995, only foster care placements
26licensed as foster family homes pursuant to the Child Care Act

 

 

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1of 1969 shall be eligible to receive foster care payments from
2the Department. Relative caregivers who, as of July 1, 1995,
3were approved pursuant to approved relative placement rules
4previously promulgated by the Department at 89 Ill. Adm. Code
5335 and had submitted an application for licensure as a foster
6family home may continue to receive foster care payments only
7until the Department determines that they may be licensed as a
8foster family home or that their application for licensure is
9denied or until September 30, 1995, whichever occurs first.
10    (v) The Department shall access criminal history record
11information as defined in the Illinois Uniform Conviction
12Information Act and information maintained in the adjudicatory
13and dispositional record system as defined in Section 2605-355
14of the Department of State Police Law (20 ILCS 2605/2605-355)
15if the Department determines the information is necessary to
16perform its duties under the Abused and Neglected Child
17Reporting Act, the Child Care Act of 1969, and the Children and
18Family Services Act. The Department shall provide for
19interactive computerized communication and processing
20equipment that permits direct on-line communication with the
21Department of State Police's central criminal history data
22repository. The Department shall comply with all certification
23requirements and provide certified operators who have been
24trained by personnel from the Department of State Police. In
25addition, one Office of the Inspector General investigator
26shall have training in the use of the criminal history

 

 

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1information access system and have access to the terminal. The
2Department of Children and Family Services and its employees
3shall abide by rules and regulations established by the
4Department of State Police relating to the access and
5dissemination of this information.
6    (v-1) Prior to final approval for placement of a child,
7the Department shall conduct a criminal records background
8check of the prospective foster or adoptive parent, including
9fingerprint-based checks of national crime information
10databases. Final approval for placement shall not be granted
11if the record check reveals a felony conviction for child
12abuse or neglect, for spousal abuse, for a crime against
13children, or for a crime involving violence, including rape,
14sexual assault, or homicide, but not including other physical
15assault or battery, or if there is a felony conviction for
16physical assault, battery, or a drug-related offense committed
17within the past 5 years.
18    (v-2) Prior to final approval for placement of a child,
19the Department shall check its child abuse and neglect
20registry for information concerning prospective foster and
21adoptive parents, and any adult living in the home. If any
22prospective foster or adoptive parent or other adult living in
23the home has resided in another state in the preceding 5 years,
24the Department shall request a check of that other state's
25child abuse and neglect registry.
26    (w) Within 120 days of August 20, 1995 (the effective date

 

 

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1of Public Act 89-392), the Department shall prepare and submit
2to the Governor and the General Assembly, a written plan for
3the development of in-state licensed secure child care
4facilities that care for children who are in need of secure
5living arrangements for their health, safety, and well-being.
6For purposes of this subsection, secure care facility shall
7mean a facility that is designed and operated to ensure that
8all entrances and exits from the facility, a building or a
9distinct part of the building, are under the exclusive control
10of the staff of the facility, whether or not the child has the
11freedom of movement within the perimeter of the facility,
12building, or distinct part of the building. The plan shall
13include descriptions of the types of facilities that are
14needed in Illinois; the cost of developing these secure care
15facilities; the estimated number of placements; the potential
16cost savings resulting from the movement of children currently
17out-of-state who are projected to be returned to Illinois; the
18necessary geographic distribution of these facilities in
19Illinois; and a proposed timetable for development of such
20facilities.
21    (x) The Department shall conduct annual credit history
22checks to determine the financial history of children placed
23under its guardianship pursuant to the Juvenile Court Act of
241987. The Department shall conduct such credit checks starting
25when a youth in care turns 12 years old and each year
26thereafter for the duration of the guardianship as terminated

 

 

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1pursuant to the Juvenile Court Act of 1987. The Department
2shall determine if financial exploitation of the child's
3personal information has occurred. If financial exploitation
4appears to have taken place or is presently ongoing, the
5Department shall notify the proper law enforcement agency, the
6proper State's Attorney, or the Attorney General.
7    (y) A Beginning on July 22, 2010 (the effective date of
8Public Act 96-1189), a child with a disability who receives
9residential and educational services from the Department shall
10be eligible to receive transition services in accordance with
11Article 14 of the School Code from the age of 14.5 through age
1223, which, for purposes of this subsection, means the day
13before a person's 24th birthday, unless the person's 24th
14birthday occurs during the school year, in which case the
15person is eligible for transition services through the end of
16the school year, 21, inclusive, notwithstanding the child's
17residential services arrangement. For purposes of this
18subsection, "child with a disability" means a child with a
19disability as defined by the federal Individuals with
20Disabilities Education Improvement Act of 2004.
21    (z) The Department shall access criminal history record
22information as defined as "background information" in this
23subsection and criminal history record information as defined
24in the Illinois Uniform Conviction Information Act for each
25Department employee or Department applicant. Each Department
26employee or Department applicant shall submit his or her

 

 

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

 

 

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1    Department applicant.
2        (iii) Information obtained by the Department of
3    Children and Family Services after performing a check of
4    the Child Abuse and Neglect Tracking System (CANTS)
5    operated and maintained by the Department.
6    "Department employee" means a full-time or temporary
7employee coded or certified within the State of Illinois
8Personnel System.
9    "Department applicant" means an individual who has
10conditional Department full-time or part-time work, a
11contractor, an individual used to replace or supplement staff,
12an academic intern, a volunteer in Department offices or on
13Department contracts, a work-study student, an individual or
14entity licensed by the Department, or an unlicensed service
15provider who works as a condition of a contract or an agreement
16and whose work may bring the unlicensed service provider into
17contact with Department clients or client records.
18(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
19100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
208-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
21eff. 7-12-19; revised 8-1-19.)
 
22    Section 10. The Department of Human Services Act is
23amended by changing Section 10-26 as follows:
 
24    (20 ILCS 1305/10-26)

 

 

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1    Sec. 10-26. The PUNS database.
2    (a) The Department of Human Services shall compile and
3maintain a database of Illinois residents with an intellectual
4disability or a developmental disability, including an autism
5spectrum disorder, and Illinois residents with an intellectual
6disability or a developmental disability who are also
7diagnosed with a physical disability or mental illness and are
8in need of developmental disability services funded by the
9Department. The database shall be referred to as the
10Prioritization of Urgency of Need for Services (PUNS) and
11shall include, but not be limited to, children and youth,
12individuals transitioning from special education to
13post-secondary activities, individuals living at home or in
14the community, individuals in private nursing and residential
15facilities, and individuals in intermediate care facilities
16for persons with developmental disabilities. Individuals who
17are receiving services under any home and community-based
18services waiver program authorized under Section 1915(c) of
19the Social Security Act may remain on the PUNS database until
20they are offered services through a PUNS selection or
21demonstrate the need for and are awarded alternative services.
22An individual who is added to the PUNS database before the age
23of 18 years must be selected from the PUNS database within 5
24years after the individual is added.
25    (b) The PUNS database shall be used to foster a fair and
26orderly process for processing applications for developmental

 

 

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1disabilities services funded by the Department, verifying
2information, keeping individuals and families who have applied
3for services informed of available services and anticipated
4wait times, determining unmet need, and informing the General
5Assembly and the Governor of unmet need statewide and within
6each representative district.
7    (c) Independent service coordination agencies shall be the
8points of entry for individuals and families applying for
9developmental disability services funded by the Department.
10The information collected and maintained for PUNS shall
11include, but is not limited to, the following: (i) the types of
12services of which the individual is potentially in need; (ii)
13demographic and identifying information about the individual;
14(iii) factors indicating need, including diagnoses, assessment
15information, ages of primary caregivers, and current living
16situation; (iv) the date information about the individual is
17submitted for inclusion in PUNS, and the types of services
18sought by the individual; and (v) the representative district
19in which the individual resides. In collecting and maintaining
20information under this Section, the Department shall give
21consideration to cost-effective appropriate services for
22individuals.
23    (d) The Department shall respond to inquiries about
24anticipated PUNS selection dates and make available a
25Department e-mail address for such inquiries. Subject to
26appropriation, the Department shall offer a web-based

 

 

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1verification and information-update application. The
2Department shall make all reasonable efforts to contact
3individuals on the PUNS database at least 2 times each year and
4provide information about the PUNS process, information
5regarding services that may be available to them prior to the
6time they are selected from PUNS, and advice on preparing for
7and seeking developmental disability services. At least one of
8the contacts must be from an independent service coordination
9agency. The Department may contact individuals on the PUNS
10database through a newsletter prepared by the Division of
11Developmental Disabilities. The Department shall provide
12information about PUNS to the general public on its website.
13    (e) This amendatory Act of the 101st General Assembly does
14not create any new entitlement to a service, program, or
15benefit but shall not affect any entitlement to a service,
16program, or benefit created by any other law. Except for a
17service, program, or benefit that is an entitlement, a
18service, program, or benefit provided as a result of the
19collection and maintenance of PUNS shall be subject to
20appropriations made by the General Assembly.
21    (f) The Department, consistent with applicable federal and
22State law, shall make general information about PUNS available
23to the public such as: (i) the number of individuals
24potentially in need of each type of service, program, or
25benefit; and (ii) the general characteristics of those
26individuals. The Department shall protect the confidentiality

 

 

HB3835- 36 -LRB102 15352 NHT 20712 b

1of each individual in PUNS when releasing database information
2by not disclosing any personally identifying information.
3    (g) The Department shall allow an individual who is:
4        (1) a legal resident;
5        (2) a dependent of a military service member; and
6        (3) absent from the State due to the member's military
7    service;
8to be added to PUNS to indicate the need for services upon
9return to the State. If the individual is selected from PUNS to
10receive services, the individual shall have 6 months from the
11date of the selection notification to apply for services and
12another 6 months to commence using the services. If an
13individual is receiving services funded by the Department and
14the services are disrupted due to the military service
15member's need for the individual to leave the State because of
16the member's military service, the services shall be resumed
17upon the individual's return to the State if the individual is
18otherwise eligible. No payment made in accordance with this
19Section or Section 12-4.47 of the Illinois Public Aid Code
20shall be made for home and community based services provided
21outside the State of Illinois. The individual is required to
22provide the following to the Department:
23        (i) a copy of the military service member's DD-214 or
24    other equivalent discharge paperwork; and
25        (ii) proof of the military service member's legal
26    residence in the State, as prescribed by the Department.

 

 

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1(Source: P.A. 101-284, eff. 8-9-19.)
 
2    Section 15. The Mental Health and Developmental
3Disabilities Administrative Act is amended by changing Section
411.3 as follows:
 
5    (20 ILCS 1705/11.3)
6    Sec. 11.3. Transition services; children with
7disabilities. A child with a disability who receives
8residential and educational services directly from or paid by
9the Department shall be eligible to receive transition
10services in accordance with Article 14 of the School Code from
11the age of 14.5 through age 23, which, for purposes of this
12Section, means the day before a person's 24th birthday, unless
13the person's 24th birthday occurs during the school year, in
14which case the person is eligible for transition services
15through the end of the school year, 21, inclusive,
16notwithstanding the child's residential services arrangement.
17Beginning on the effective date of this amendatory Act of the
1896th General Assembly, the Department shall review its
19policies and regulations that create obstacles to the
20provision of these services and within the constraint of
21existing federal or State law change or modify the policies
22and regulations to support the provision of transition
23services in accordance with Article 14 of the School Code. For
24the purposes of this Section, "child with a disability" means

 

 

HB3835- 38 -LRB102 15352 NHT 20712 b

1a child with a disability as defined by the federal
2Individuals with Disabilities Education Improvement Act of
32004.
4(Source: P.A. 96-1189, eff. 7-22-10.)
 
5    Section 20. The Illinois Procurement Code is amended by
6changing Section 45-35 as follows:
 
7    (30 ILCS 500/45-35)
8    Sec. 45-35. Not-for-profit agencies for persons with
9significant disabilities.
10    (a) Qualification. Supplies and services may be procured
11without advertising or calling for bids from any qualified
12not-for-profit agency for persons with significant
13disabilities that:
14        (1) complies with Illinois laws governing private
15    not-for-profit organizations;
16        (2) is certified as a work center by the Wage and Hour
17    Division of the United States Department of Labor or is an
18    accredited vocational program that provides transition
19    services to youth from the age of 14 1/2 through age 23
20    between the ages of 14 1/2 and 22 in accordance with
21    individualized education plans under Section 14-8.03 of
22    the School Code and that provides residential services at
23    a child care institution, as defined under Section 2.06 of
24    the Child Care Act of 1969, or at a group home, as defined

 

 

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1    under Section 2.16 of the Child Care Act of 1969; and
2        (3) is accredited by a nationally-recognized
3    accrediting organization or certified as a developmental
4    training provider by the Department of Human Services.
5    (b) Participation. To participate, the not-for-profit
6agency must have indicated an interest in providing the
7supplies and services, must meet the specifications and needs
8of the using agency, and must set a fair and reasonable price.
9    (c) Committee. There is created within the Department of
10Central Management Services a committee to facilitate the
11purchase of products and services of persons with a
12significant physical, developmental, or mental disability or a
13combination of any of those disabilities who cannot engage in
14normal competitive employment due to the significant
15disability or combination of those disabilities. This
16committee is called the State Use Committee. The State Use
17Committee shall consist of the Director of the Department of
18Central Management Services or his or her designee, the
19Secretary Director of the Department of Human Services or his
20or her designee, one public member representing private
21business who is knowledgeable of the employment needs and
22concerns of persons with developmental disabilities, one
23public member representing private business who is
24knowledgeable of the needs and concerns of rehabilitation
25facilities, one public member who is knowledgeable of the
26employment needs and concerns of persons with developmental

 

 

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1disabilities, one public member who is knowledgeable of the
2needs and concerns of rehabilitation facilities, and 2 public
3members from a statewide association that represents
4community-based rehabilitation facilities, all appointed by
5the Governor. The public members shall serve 2 year terms,
6commencing upon appointment and every 2 years thereafter. A
7public member may be reappointed, and vacancies shall be
8filled by appointment for the completion of the term. In the
9event there is a vacancy on the State Use Committee, the
10Governor must make an appointment to fill that vacancy within
1130 calendar days after the notice of vacancy. The members
12shall serve without compensation but shall be reimbursed for
13expenses at a rate equal to that of State employees on a per
14diem basis by the Department of Central Management Services.
15All members shall be entitled to vote on issues before the
16State Use Committee.
17    The State Use Committee shall have the following powers
18and duties:
19        (1) To request from any State agency information as to
20    product specification and service requirements in order to
21    carry out its purpose.
22        (2) To meet quarterly or more often as necessary to
23    carry out its purposes.
24        (3) To request a quarterly report from each
25    participating qualified not-for-profit agency for persons
26    with significant disabilities describing the volume of

 

 

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1    sales for each product or service sold under this Section.
2        (4) To prepare a report for the Governor and General
3    Assembly no later than December 31 of each year. The
4    requirement for reporting to the General Assembly shall be
5    satisfied by following the procedures set forth in Section
6    3.1 of the General Assembly Organization Act.
7        (5) To prepare a publication that lists all supplies
8    and services currently available from any qualified
9    not-for-profit agency for persons with significant
10    disabilities. This list and any revisions shall be
11    distributed to all purchasing agencies.
12        (6) To encourage diversity in supplies and services
13    provided by qualified not-for-profit agencies for persons
14    with significant disabilities and discourage unnecessary
15    duplication or competition among not-for-profit agencies.
16        (7) To develop guidelines to be followed by qualifying
17    agencies for participation under the provisions of this
18    Section. Guidelines shall include a list of national
19    accrediting organizations which satisfy the requirements
20    of item (3) of subsection (a) of this Section. The
21    guidelines shall be developed within 6 months after the
22    effective date of this Code and made available on a
23    nondiscriminatory basis to all qualifying agencies. The
24    new guidelines required under this item (7) by Public Act
25    100-203 this amendatory Act of the 100th General Assembly
26    shall be developed within 6 months after August 18, 2017

 

 

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1    (the effective date of Public Act 100-203) this amendatory
2    Act of the 100th General Assembly and made available on a
3    non-discriminatory basis to all qualifying not-for-profit
4    agencies.
5        (8) To review all pricing submitted under the
6    provisions of this Section and may approve a proposed
7    agreement for supplies or services where the price
8    submitted is fair and reasonable.
9        (9) To, not less than every 3 years, adopt a strategic
10    plan for increasing the number of products and services
11    purchased from qualified not-for-profit agencies for
12    persons with significant disabilities, including the
13    feasibility of developing mandatory set-aside contracts.
14    (c-5) Conditions for Use. Each chief procurement officer
15shall, in consultation with the State Use Committee, determine
16which articles, materials, services, food stuffs, and supplies
17that are produced, manufactured, or provided by persons with
18significant disabilities in qualified not-for-profit agencies
19shall be given preference by purchasing agencies procuring
20those items.
21    (d) (Blank).
22    (e) Subcontracts. Subcontracts shall be permitted for
23agreements authorized under this Section. For the purposes of
24this subsection (e), "subcontract" means any acquisition from
25another source of supplies, not including raw materials, or
26services required by a qualified not-for-profit agency to

 

 

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1provide the supplies or services that are the subject of the
2contract between the State and the qualified not-for-profit
3agency.
4    The State Use Committee shall develop guidelines to be
5followed by qualified not-for-profit agencies when seeking and
6establishing subcontracts with other persons or not-for-profit
7agencies in order to fulfill State contract requirements.
8These guidelines shall include the following:
9        (i) The State Use Committee must approve all
10    subcontracts and substantive amendments to subcontracts
11    prior to execution or amendment of the subcontract.
12        (ii) A qualified not-for-profit agency shall not enter
13    into a subcontract, or any combination of subcontracts, to
14    fulfill an entire requirement, contract, or order without
15    written State Use Committee approval.
16        (iii) A qualified not-for-profit agency shall make
17    reasonable efforts to utilize subcontracts with other
18    not-for-profit agencies for persons with significant
19    disabilities.
20        (iv) For any subcontract not currently performed by a
21    qualified not-for-profit agency, the primary qualified
22    not-for-profit agency must provide to the State Use
23    Committee the following: (A) a written explanation as to
24    why the subcontract is not performed by a qualified
25    not-for-profit agency, and (B) a written plan to transfer
26    the subcontract to a qualified not-for-profit agency, as

 

 

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1    reasonable.
2(Source: P.A. 100-203, eff. 8-18-17; revised 7-18-19.)
 
3    Section 25. The School Code is amended by changing
4Sections 14-8.03 and 14-11.02 as follows:
 
5    (105 ILCS 5/14-8.03)  (from Ch. 122, par. 14-8.03)
6    Sec. 14-8.03. Transition services.
7    (a) For purposes of this Section, "transition services"
8means a coordinated set of activities for a child with a
9disability that (i) is designed to be within a
10results-oriented process that is focused on improving the
11academic and functional achievement of the child with a
12disability to facilitate the child's movement from school to
13post-school activities, including post-secondary education,
14vocational education, integrated employment (including
15supported employment), continuing and adult education, adult
16services, independent living, or community participation; (ii)
17is based on the individual child's needs, taking into account
18the child's strengths, preferences, and interests; and (iii)
19includes instruction, related services, community experiences,
20the development of employment and other post-school adult
21living objectives, and, if appropriate, acquisition of daily
22living skills, benefits planning, work incentives education,
23and the provision of a functional vocational evaluation.
24Transition services for a child with a disability may be

 

 

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1special education, if provided as specially designed
2instruction, or a related service if required to assist a
3child with a disability to benefit from special education.
4    (a-5) Beginning no later than the first individualized
5education plan (IEP) in effect when the student turns age 14
61/2 (or younger if determined appropriate by the IEP Team) and
7updated annually thereafter, the IEP must include (i)
8measurable post-secondary goals based upon age-appropriate
9transition assessments and other information available
10regarding the student that are related to training, education,
11employment, and independent living skills and (ii) the
12transition services needed to assist the student in reaching
13those goals, including courses of study.
14    (b) Transition planning must be conducted as part of the
15IEP process and must be governed by the procedures applicable
16to the development, review, and revision of the IEP, including
17notices to the parents and student, parent and student
18participation, and annual review. To appropriately assess and
19develop IEP transition goals and transition services for a
20child with a disability, additional participants may be
21necessary and may be invited by the school district, parent,
22or student to participate in the transition planning process.
23Additional participants may include without limitation a
24representative from the Department of Human Services or
25another State agency, a case coordinator, or persons
26representing other public or community agencies or services,

 

 

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1such as adult service providers or public community colleges.
2The IEP shall identify each person responsible for
3coordinating and delivering transition services. If the IEP
4team determines that the student requires transition services
5from a public or private entity outside of the school
6district, the IEP team shall identify potential outside
7resources, assign one or more IEP team members to contact the
8appropriate outside entities, make the necessary referrals,
9provide any information and documents necessary to complete
10the referral, follow up with the entity to ensure that the
11student has been successfully linked to the entity, and
12monitor the student's progress to determine if the student's
13IEP transition goals and benchmarks are being met. The
14student's IEP shall indicate one or more specific time periods
15during the school year when the IEP team shall review the
16services provided by the outside entity and the student's
17progress in such activities. The public school's
18responsibility for delivering educational services does not
19extend beyond the time the student leaves school or when the
20student's eligibility ends due to age under this Article.
21    (c) A school district shall submit annually a summary of
22each eligible student's IEP transition goals and transition
23services resulting from the IEP Team meeting to the
24appropriate local Transition Planning Committee. If students
25with disabilities who are ineligible for special education
26services request transition services, local public school

 

 

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1districts shall assist those students by identifying
2post-secondary school goals, delivering appropriate education
3services, and coordinating with other agencies and services
4for assistance.
5    (d) A person is eligible for services under this Section
6through age 23, which, for purposes of this Section, means the
7day before the person's 24th birthday, unless the person's
824th birthday occurs during the school year, in which case the
9person is eligible for transition services through the end of
10the school year.
11(Source: P.A. 98-517, eff. 8-22-13.)
 
12    (105 ILCS 5/14-11.02)  (from Ch. 122, par. 14-11.02)
13    Sec. 14-11.02. Notwithstanding any other Sections of this
14Article, the State Board of Education shall develop and
15operate or contract for the operation of a service center for
16persons who are deaf-blind. For the purpose of this Section,
17persons with deaf-blindness are persons who have both auditory
18and visual impairments, the combination of which causes such
19severe communication and other developmental, educational,
20vocational and rehabilitation problems that such persons
21cannot be properly accommodated in special education or
22vocational rehabilitation programs solely for persons with
23both hearing and visual disabilities.
24    To be eligible for deaf-blind services, a person must have
25(i) a visual impairment and an auditory impairment, or (ii) a

 

 

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1condition in which there is a progressive loss of hearing or
2vision or both that results in concomitant vision and hearing
3impairments and that adversely affects educational performance
4as determined by the multidisciplinary conference. For
5purposes of this paragraph and Section:
6        (A) A visual impairment is defined to mean one or more
7    of the following: (i) corrected visual acuity poorer than
8    20/70 in the better eye; (ii) restricted visual field of
9    20 degrees or less in the better eye; (iii) cortical
10    blindness; (iv) does not appear to respond to visual
11    stimulation, which adversely affects educational
12    performance as determined by the multidisciplinary
13    conference.
14        (B) An auditory impairment is defined to mean one or
15    more of the following: (i) a sensorineural or ongoing or
16    chronic conductive hearing loss with aided sensitivity of
17    30dB HL or poorer; (ii) functional auditory behavior that
18    is significantly discrepant from the person's present
19    cognitive and/or developmental levels, which adversely
20    affects educational performance as determined by the
21    multidisciplinary conference.
22    The State Board of Education is empowered to establish,
23maintain and operate or contract for the operation of a
24permanent state-wide service center known as the Philip J.
25Rock Center and School. The School serves eligible children
26between the ages of 3 and 21; the Center serves eligible

 

 

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1persons of all ages. Services provided by the Center include,
2but are not limited to:
3        (1) Identifying and case management of persons who are
4    auditorily and visually impaired;
5        (2) Providing families with appropriate counseling;
6        (3) Referring persons who are deaf-blind to
7    appropriate agencies for medical and diagnostic services;
8        (4) Referring persons who are deaf-blind to
9    appropriate agencies for educational, training and care
10    services;
11        (5) Developing and expanding services throughout the
12    State to persons who are deaf-blind. This will include
13    ancillary services, such as transportation so that the
14    individuals can take advantage of the expanded services;
15        (6) Maintaining a residential-educational training
16    facility in the Chicago metropolitan area located in an
17    area accessible to public transportation;
18        (7) Receiving, dispensing, and monitoring State and
19    Federal funds to the School and Center designated for
20    services to persons who are deaf-blind;
21        (8) Coordinating services to persons who are
22    deaf-blind through all appropriate agencies, including the
23    Department of Children and Family Services and the
24    Department of Human Services;
25        (9) Entering into contracts with other agencies to
26    provide services to persons who are deaf-blind;

 

 

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1        (10) Operating on a no-reject basis. Any individual
2    referred to the Center for service and diagnosed as
3    deaf-blind, as defined in this Act, shall qualify for
4    available services;
5        (11) Serving as the referral clearinghouse for all
6    persons who are deaf-blind, age 21 and older; and
7        (12) Providing transition services for students of
8    Philip J. Rock School who are deaf-blind and are from the
9    age of 14 1/2 through age 23, which, for purposes of this
10    paragraph, means the day before a person's 24th birthday,
11    unless the person's 24th birthday occurs during the school
12    year, in which case the person is eligible for transition
13    services through the end of the school year between the
14    ages of 14 1/2 and 21.
15    The Advisory Board for Services for Persons who are
16Deaf-Blind shall provide advice to the State Superintendent of
17Education, the Governor, and the General Assembly on all
18matters pertaining to policy concerning persons who are
19deaf-blind, including the implementation of legislation
20enacted on their behalf.
21    Regarding the maintenance, operation and education
22functions of the Philip J. Rock Center and School, the
23Advisory Board shall also make recommendations pertaining to
24but not limited to the following matters:
25        (1) Existing and proposed programs of all State
26    agencies that provide services for persons who are

 

 

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1    deaf-blind;
2        (2) The State program and financial plan for
3    deaf-blind services and the system of priorities to be
4    developed by the State Board of Education;
5        (3) Standards for services in facilities serving
6    persons who are deaf-blind;
7        (4) Standards and rates for State payments for any
8    services purchased for persons who are deaf-blind;
9        (5) Services and research activities in the field of
10    deaf-blindness, including evaluation of services; and
11        (6) Planning for personnel/preparation, both
12    preservice and inservice.
13    The Advisory Board shall consist of 3 persons appointed by
14the Governor; 2 persons appointed by the State Superintendent
15of Education; 4 persons appointed by the Secretary of Human
16Services; and 2 persons appointed by the Director of Children
17and Family Services. The 3 appointments of the Governor shall
18consist of a senior citizen 60 years of age or older, a
19consumer who is deaf-blind, and a parent of a person who is
20deaf-blind; provided that if any gubernatorial appointee
21serving on the Advisory Board on the effective date of this
22amendatory Act of 1991 is not either a senior citizen 60 years
23of age or older or a consumer who is deaf-blind or a parent of
24a person who is deaf-blind, then whenever that appointee's
25term of office expires or a vacancy in that appointee's office
26sooner occurs, the Governor shall make the appointment to fill

 

 

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1that office or vacancy in a manner that will result, at the
2earliest possible time, in the Governor's appointments to the
3Advisory Board being comprised of one senior citizen 60 years
4of age or older, one consumer who is deaf-blind, and one parent
5of a person who is deaf-blind. One person designated by each
6agency other than the Department of Human Services may be an
7employee of that agency. Two persons appointed by the
8Secretary of Human Services may be employees of the Department
9of Human Services. The appointments of each appointing
10authority other than the Governor shall include at least one
11parent of an individual who is deaf-blind or a person who is
12deaf-blind.
13    Vacancies in terms shall be filled by the original
14appointing authority. After the original terms, all terms
15shall be for 3 years.
16    Except for those members of the Advisory Board who are
17compensated for State service on a full-time basis, members
18shall be reimbursed for all actual expenses incurred in the
19performance of their duties. Each member who is not
20compensated for State service on a full-time basis shall be
21compensated at a rate of $50 per day which he spends on
22Advisory Board duties. The Advisory Board shall meet at least
234 times per year and not more than 12 times per year.
24    The Advisory Board shall provide for its own organization.
25    Six members of the Advisory Board shall constitute a
26quorum. The affirmative vote of a majority of all members of

 

 

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1the Advisory Board shall be necessary for any action taken by
2the Advisory Board.
3(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
489-507, eff. 7-1-97.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.