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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 1. Short title. This Act may be cited as the
5Custody Relinquishment Prevention Act.
6    Section 5. Purpose. This Act establishes a pathway for
7families on the verge of seeking services for their child's
8serious mental illness or serious emotional disturbance
9through relinquishment of parental custody to the Department of
10Children and Family Services, despite the absence of abuse or
11neglect, to receive services through the appropriate State
12child-serving agency. This pathway shall be outlined in an
13interagency agreement between all the relevant State agencies.
14    Section 10. Definitions. As used in this Act:
15    "Family income" means the sum of a family's annual earnings
16and cash benefits from all sources before taxes, less payments
17made for child support.
18    "Serious mental illness" means a diagnosis set forth in the
19most current version of the Diagnostic and Statistical Manual
20of Mental Disorders (DSM).
21    "Serious emotional disturbance" means a diagnosable
22mental, behavioral, or emotional disorder in a child or youth



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1that resulted in functional impairment which substantially
2interferes with or limits his or her role or functioning in
3family, school, or community activities.
4    "Child or youth at risk of custody relinquishment" means a
5child or youth whose parents or guardians refuse to take the
6child or youth home from a hospital or similar treatment
7facility because the parents or guardians have a reasonable
8belief that the child or youth will harm himself or herself or
9other family members upon the child or youth's return home, and
10there is no evidence of abuse or neglect.
11    Section 15. Interagency agreement. In order to intercept
12and divert children and youth at risk of custody relinquishment
13to the Department of Children and Family Services, within 180
14days after the effective date of this Act, the Department of
15Children of Family Services, the Department of Human Services,
16the Department of Healthcare and Family Services, the Illinois
17State Board of Education, the Department of Juvenile Justice,
18and the Department of Public Health shall enter into an
19interagency agreement for the purpose of preventing children
20and youth who are not otherwise abused or neglected from
21entering the custody or guardianship of the Department of
22Children and Family Services solely for purposes of receiving
23services for a serious mental illness or serious emotional
25    The intergovernmental agreement shall require the agencies



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1listed in this Section to establish an interagency clinical
2team to review cases of children and youth who are at risk of
3relinquishment who are at a hospital or other similar treatment
4facility, and to connect the child or youth and his or her
5family with the appropriate services, treatment, and support to
6stabilize the child or youth's serious mental illness or
7serious emotional disturbance and prevent custody
8relinquishment to the Department of Children and Family
10    The interagency agreement, among other things, shall
11address all of the following:
12        (1) Requiring families with private health insurance
13    to exhaust their private insurance coverage.
14        (2) Establishing cost sharing for services received
15    for families whose income exceeds the federal poverty level
16    that would qualify them for Medicaid, based on the family's
17    ability to pay.
18        (3) For children or youth who are not otherwise
19    Medicaid eligible, performing a crisis stabilization
20    assessment and developing a care plan for the child or
21    youth and the family with the goal of determining what
22    services are necessary to (i) stabilize the child or youth
23    and (ii) prevent custody relinquishment to the Department
24    of Children and Family Services when there is no abuse or
25    neglect.
26        (4) Set criteria for short-term crisis stabilization



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1    services, including intensive community-based services or
2    a short-term residential placement, as the child or youth's
3    treatment plan is being developed.
4    Section 20. Outcomes and data reported annually to the
5General Assembly.
6    (a) The Department of Children and Family Services shall
7submit an annual report to the General Assembly which includes
8the following with respect to the time period covered by the
10        (1) The number of children and youth who were
11    relinquished to the Department of Children and Family
12    Services for purposes of receiving treatment for their
13    serious mental illness or serious emotional disturbance.
14        (2) The length of treatment and the status of children
15    and youth at the termination of services.
16    (b) The interagency agreement required under Section 15
17shall require reporting to the General Assembly with respect to
18the following criteria:
19        (1) The number of children and youth who were
20    intercepted during the reporting period and the services
21    they were connected with to prevent custody relinquishment
22    and to stabilize the child or youth.        
23        (2) The duration of the services the child or youth
24    received in order to stabilize his or her serious mental
25    illness or serious emotional disturbance.



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1        (3) Following the connection to services through the
2    most appropriate State agency to address the child or
3    youth's needs, the number of families that failed to
4    stabilize and turned to the Department of Children and
5    Family Services for services, and that relinquished
6    custody or whose child was adjudicated a dependent minor
7    pursuant to subdivision (c) of paragraph (1) of Section 2-4
8    of the Juvenile Court Act of 1987.