Illinois General Assembly - Full Text of HB3803
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Full Text of HB3803  93rd General Assembly

HB3803 93rd General Assembly


093_HB3803

 
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 1        AN ACT concerning children.

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

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

 6        (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
 7        Sec.  9.1.  The  parents  or  guardians of the estates of
 8    children accepted for care and training  under  the  Juvenile
 9    Court  Act  or  the  Juvenile Court Act of 1987, or through a
10    voluntary placement agreement with the parents  or  guardians
11    shall  be  liable  for the payment to the Department, or to a
12    licensed or approved child care facility  designated  by  the
13    Department  of  sums  representing  charges  for the care and
14    training of those children at a rate to be determined by  the
15    Department,  which may not exceed the amount that the parents
16    or guardians would reasonably pay to support  their  children
17    if  the  children  were not placed into the care or training.
18    The Department shall establish a standard by which  shall  be
19    measured  the  ability of parents or guardians to pay for the
20    care and training of their children, and shall implement  the
21    standard  by  rules  governing its application.  The standard
22    and the rules shall take  into  account  ability  to  pay  as
23    measured  by annual income and family size.  Medical or other
24    treatment provided on behalf of the family may also be  taken
25    into  account in determining ability to pay if the Department
26    concludes that such treatment is appropriate.
27        In addition, the  Department  may  provide  by  rule  for
28    referral  of  Title IV-E foster care maintenance cases to the
29    Department  of  Public  Aid  for  child  support  enforcement
30    services under Title IV-D of the Social  Security  Act.   The
31    Department   shall   consider  "good  cause"  as  defined  in
 
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 1    regulations  promulgated  under  Title  IV-A  of  the  Social
 2    Security Act, among other criteria, when determining  whether
 3    to refer a case and, upon referral, the parent or guardian of
 4    the estate of a child who is receiving Title IV-E foster care
 5    maintenance   payments  shall  be  deemed  to  have  made  an
 6    assignment to the Department of any and all rights, title and
 7    interest in any support obligation on behalf of a child.  The
 8    rights to support assigned to the Department shall constitute
 9    an obligation owed the State by the person who is responsible
10    for providing the support, and shall be collectible under all
11    applicable processes.
12        The acceptance of children for services or care shall not
13    be limited or conditioned in  any  manner  on  the  financial
14    status  or  ability  of  parents  or  guardians  to make such
15    payments.
16        No person shall be liable for any charges resulting  from
17    the  care  and  training of a child if that person's parental
18    rights concerning the  child  have  been  terminated  through
19    either a court order or an adoptive surrender.
20    (Source: P.A. 92-590, eff. 7-1-02.)