Illinois General Assembly - Full Text of HB5598
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Full Text of HB5598  98th General Assembly


Rep. Sara Feigenholtz

Filed: 4/7/2014





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2    AMENDMENT NO. ______. Amend House Bill 5598, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Custody Relinquishment Prevention Act.
7    Section 5. Purpose. This Act establishes a pathway for
8families on the verge of seeking services for their child's
9serious mental illness or serious emotional disturbance
10through relinquishment of parental custody to the Department of
11Children and Family Services, despite the absence of abuse or
12neglect, to receive services through the appropriate State
13child-serving agency. This pathway shall be outlined in an
14interagency agreement between all the relevant State agencies.
15    Section 10. Definitions. As used in this Act:



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1    "Family income" means the sum of a family's annual earnings
2and cash benefits from all sources before taxes, less payments
3made for child support.
4    "Serious mental illness" means a diagnosis set forth in the
5most current version of the Diagnostic and Statistical Manual
6of Mental Disorders (DSM).
7    "Serious emotional disturbance" means a diagnosable
8mental, behavioral, or emotional disorder in a child or youth
9that resulted in functional impairment which substantially
10interferes with or limits his or her role or functioning in
11family, school, or community activities.
12    "Child or youth at risk of custody relinquishment" means a
13child or youth whose parents or guardians refuse to take the
14child or youth home from a hospital or similar treatment
15facility because the parents or guardians have a reasonable
16belief that the child or youth will harm himself or herself or
17other family members upon the child or youth's return home, and
18there is no evidence of abuse or neglect.
19    Section 15. Interagency agreement. In order to intercept
20and divert children and youth at risk of custody relinquishment
21to the Department of Children and Family Services, within 180
22days after the effective date of this Act, the Department of
23Children of Family Services, the Department of Human Services,
24the Department of Healthcare and Family Services, the Illinois
25State Board of Education, the Department of Juvenile Justice,



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1and the Department of Public Health shall enter into an
2interagency agreement for the purpose of preventing children
3and youth who are not otherwise abused or neglected from
4entering the custody or guardianship of the Department of
5Children and Family Services solely for purposes of receiving
6services for a serious mental illness or serious emotional
8    The intergovernmental agreement shall require the agencies
9listed in this Section to establish an interagency clinical
10team to review cases of children and youth who are at risk of
11relinquishment who are at a hospital or other similar treatment
12facility, and to connect the child or youth and his or her
13family with the appropriate services, treatment, and support to
14stabilize the child or youth's serious mental illness or
15serious emotional disturbance and prevent custody
16relinquishment to the Department of Children and Family
18    The interagency agreement, among other things, shall
19address all of the following:
20        (1) Requiring families with private health insurance
21    to exhaust their private insurance coverage.
22        (2) Establishing cost sharing for services received
23    for families whose income exceeds the federal poverty level
24    that would qualify them for Medicaid, based on the family's
25    ability to pay.
26        (3) For children or youth who are not otherwise



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1    Medicaid eligible, performing a crisis stabilization
2    assessment and developing a care plan for the child or
3    youth and the family with the goal of determining what
4    services are necessary to (i) stabilize the child or youth
5    and (ii) prevent custody relinquishment to the Department
6    of Children and Family Services when there is no abuse or
7    neglect.
8        (4) Set criteria for short-term crisis stabilization
9    services, including intensive community-based services or
10    a short-term residential placement, as the child or youth's
11    treatment plan is being developed.
12    Section 20. Outcomes and data reported annually to the
13General Assembly.
14    (a) The Department of Children and Family Services shall
15submit an annual report to the General Assembly which includes
16the following with respect to the time period covered by the
18        (1) The number of children and youth who were
19    relinquished to the Department of Children and Family
20    Services for purposes of receiving treatment for their
21    serious mental illness or serious emotional disturbance.
22        (2) The length of treatment and the status of children
23    and youth at the termination of services.
24    (b) The interagency agreement required under Section 15
25shall require reporting to the General Assembly with respect to



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1the following criteria:
2        (1) The number of children and youth who were
3    intercepted during the reporting period and the services
4    they were connected with to prevent custody relinquishment
5    and to stabilize the child or youth.        
6        (2) The duration of the services the child or youth
7    received in order to stabilize his or her serious mental
8    illness or serious emotional disturbance.
9        (3) Following the connection to services through the
10    most appropriate State agency to address the child or
11    youth's needs, the number of families that failed to
12    stabilize and turned to the Department of Children and
13    Family Services for services, and that relinquished
14    custody or whose child was adjudicated a dependent minor
15    pursuant to subdivision (c) of paragraph (1) of Section 2-4
16    of the Juvenile Court Act of 1987.".