Illinois General Assembly - Full Text of SB3367
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Full Text of SB3367  103rd General Assembly



SB3367 EnrolledLRB103 37280 KTG 67401 b

1    AN ACT concerning State government.
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 Sections 9.1 and 9.3 as follows:
6    (20 ILCS 505/9.1)  (from Ch. 23, par. 5009.1)
7    Sec. 9.1. The Department shall adopt rules no later than
8January 1, 2026 regarding The parents or guardians of the
9estates of children accepted for care and training under the
10Juvenile Court Act or the Juvenile Court Act of 1987, or
11through a voluntary placement agreement with the parents or
12guardians shall be liable for the payment to the Department,
13or to a licensed or approved child care facility designated by
14the Department of sums representing charges for the care and
15training of those children at a rate to be determined by the
16Department. The Department shall establish a standard by which
17shall be measured the ability of parents or guardians to pay
18for the care and training of their children, and shall
19implement the standard by rules governing its application. The
20standard and the rules shall take into account ability to pay
21as measured by annual income and family size. Medical or other
22treatment provided on behalf of the family may also be taken
23into account in determining ability to pay if the Department



SB3367 Enrolled- 2 -LRB103 37280 KTG 67401 b

1concludes that such treatment is appropriate. In addition, the
2Department may provide by rule for referral of Title IV-E
3foster care maintenance cases to the Department of Healthcare
4and Family Services for child support enforcement services
5under Title IV-D of the Social Security Act. It is the policy
6of the State that in order to preserve the financial security
7of a child's parent seeking reunification, the Department will
8not refer cases for child support enforcement services or seek
9an assignment of rights of child support regarding any child
10prior to the permanency goal of return home being ruled out by
11the court in accordance with the Juvenile Court Act of 1987.
12The Department may refer cases for child support enforcement
13services, consistent with rules, after the permanency goal of
14return home has been ruled out by the court in accordance with
15the Juvenile Court Act of 1987. The Department shall adopt
16rules by January 1, 2026 establishing additional policies or
17criteria to consider to ensure compliance with this Section
18and federal law regarding referral for child support
19enforcement or assignment of rights of child support for
20children where a return home goal has been ruled out in
21accordance with the Juvenile Court Act of 1987. The Department
22shall consider "good cause" as defined in regulations
23promulgated under Title IV-A of the Social Security Act, among
24other criteria, when determining whether to refer a case and,
25upon referral, the parent or guardian of the estate of a child
26who is receiving Title IV-E foster care maintenance payments



SB3367 Enrolled- 3 -LRB103 37280 KTG 67401 b

1shall be deemed to have made an assignment to the Department of
2any and all rights, title and interest in any support
3obligation on behalf of a child. The rights to support
4assigned to the Department shall constitute an obligation owed
5the State by the person who is responsible for providing the
6support, and shall be collectible under all applicable
8    The acceptance of children for services or care shall not
9be limited or conditioned in any manner on the financial
10status or ability of parents or guardians to make such
12(Source: P.A. 95-331, eff. 8-21-07.)
13    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
14    Sec. 9.3. Declarations by parents and guardians.
15Information requested of parents and guardians shall be
16submitted on forms or questionnaires prescribed by the
17Department or units of local government as the case may be and
18shall contain a written declaration to be signed by the parent
19or guardian in substantially the following form:
20    "I declare under penalties of perjury that I have examined
21this form or questionnaire and all accompanying statements or
22documents pertaining to my income, or any other matter having
23bearing upon my status and ability to provide payment for care
24and training of my child, and to the best of my knowledge and
25belief the information supplied is true, correct, and



SB3367 Enrolled- 4 -LRB103 37280 KTG 67401 b

2    A person who makes and subscribes a form or questionnaire
3which contains, as herein above provided, a written
4declaration that it is made under the penalties of perjury,
5knowing it to be false, incorrect or incomplete, in respect to
6any material statement or representative bearing upon the
7parent's or guardian's status as a parent or guardian, or upon
8the parent's or guardian's income, resources, or other matter
9concerning the parent's or guardian's ability to provide
10parental payment, shall be subject to the penalties for
11perjury provided for in Section 32-2 of the Criminal Code of
13    Parents who refuse to provide such information after three
14written requests from the Department will be liable to the
15extent liability is consistent with the standards and rules
16described in Section 9.1 for the full cost of care provided,
17from the commencement of such care until the required
18information is received.
19(Source: P.A. 103-22, eff. 8-8-23.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.