Full Text of SB2655 100th General Assembly
SB2655ham001 100TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/29/2018
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| 1 | | AMENDMENT TO SENATE BILL 2655
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2655 on page 32, | 3 | | immediately below line 11, by inserting the following:
| 4 | | "Section 6. The Custody Relinquishment Prevention Act is | 5 | | amended by adding Sections 25, 30, and 40 as follows: | 6 | | (20 ILCS 540/25 new) | 7 | | Sec. 25. Specialized Family Support Program. For purposes | 8 | | of addressing the problem of children remaining in psychiatric | 9 | | hospitals beyond medical necessity, a child under 18 years of | 10 | | age who has been diagnosed with a serious mental illness or | 11 | | serious emotional disturbance and has been reported to, or is | 12 | | at risk of being reported to the Department of Children and | 13 | | Family Services Child Abuse Hotline as a minor at risk of | 14 | | custody relinquishment shall be eligible for emergency access | 15 | | to the Specialized Family Support Program for 90 days for | 16 | | purposes of stabilizing the child and family, preventing a |
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| 1 | | psychiatric lockout, or custody relinquishment that leads to a | 2 | | hospital stay beyond medical necessity. | 3 | | (20 ILCS 540/30 new) | 4 | | Sec. 30. Transition bed capacity. | 5 | | (a)
The Department of Healthcare and Family Services shall | 6 | | use unspent or lapsed Individual Care Grant funds and Family | 7 | | Support and Specialized Family Support Program funds to address | 8 | | the shortage of Specialized Family Support Program transition | 9 | | bed services for children that are appropriate for the acuity | 10 | | level of the child's needs. The Department of Healthcare and | 11 | | Family Services shall pay for increased capacity of Specialized | 12 | | Family Support Program transition bed services beginning in | 13 | | fiscal year 2019 using the Medicaid rate for residential | 14 | | treatment plus consideration of an increased rate for capacity | 15 | | building purposes. The Department of Healthcare and Family | 16 | | Services shall work to develop this capacity in regions across | 17 | | the State to ensure that a child is placed in a residential | 18 | | treatment facility close to where the family resides to foster | 19 | | family reunification. Within 60 days after the effective date | 20 | | of this amendatory Act of the 100th General Assembly, the | 21 | | Department of Healthcare and Family Services shall develop a | 22 | | plan for increasing capacity for transitional bed services and | 23 | | community-based treatment for the Family Support Program and | 24 | | Specialized Family Support Program services that address the | 25 | | acuity level of children in or at risk of psychiatric lockout |
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| 1 | | to ensure that the purchase of Specialized Family Support | 2 | | Program transition bed services does not diminish the capacity | 3 | | of longer term therapeutic residential treatment beds for youth | 4 | | with high behavioral health needs. This report shall be | 5 | | submitted to the General Assembly within 90 days after the | 6 | | effective date of this amendatory Act of the 100th General | 7 | | Assembly. The report to the General Assembly shall be filed | 8 | | with the Clerk of the House of Representatives and the | 9 | | Secretary of the Senate in electronic form only, in the manner | 10 | | that the Clerk and the Secretary shall direct. | 11 | | (b)
Within 30 days after the effective date of this | 12 | | amendatory Act of the 100th General Assembly the Department of | 13 | | Children and Family Services shall increase its guaranteed | 14 | | residential bed capacity by utilizing Department Rule Part 356 | 15 | | or the Illinois Purchased Care Review Board Rule. | 16 | | (20 ILCS 540/40 new) | 17 | | Sec. 40. Increasing awareness of the Family Support | 18 | | Program. | 19 | | (a) The Department of Healthcare and Family Services shall | 20 | | undertake a one-year awareness campaign to educate hospitals | 21 | | with in-patient psychiatric units for children on the | 22 | | availability of services through the Family Support Program and | 23 | | the Specialized Family Support Program for support of a child | 24 | | with serious mental health needs. The campaign shall include | 25 | | marketing materials for the programs, eligibility criteria, |
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| 1 | | information about the application process, and the value the | 2 | | programs can bring to families to avoid psychiatric crises. The | 3 | | Department shall begin this awareness campaign within 180 days | 4 | | after the effective date of this amendatory Act of the 100th | 5 | | General Assembly. | 6 | | (b) This Section is repealed on July 15, 2020. | 7 | | Section 7. The Mental Health and Developmental | 8 | | Disabilities Administrative Act is amended by changing Section | 9 | | 7.1 as follows:
| 10 | | (20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
| 11 | | Sec. 7.1. Individual Care Grants. | 12 | | (a) For the purposes of this Section 7.1, "Department" | 13 | | means the Department of Healthcare and Family Services. | 14 | | (b) To assist families in seeking intensive | 15 | | community-based services or residential placement for children | 16 | | with mental illness, for whom
no appropriate care is available | 17 | | in State-operated facilities, the Department shall supplement | 18 | | the amount a family is able to pay,
as determined by the | 19 | | Department and the amount available from other sources,
| 20 | | provided the Department's share shall not exceed a uniform | 21 | | maximum rate to be
determined from time to time by the | 22 | | Department. The Department may exercise the authority under | 23 | | this Section as is necessary to implement the provisions of | 24 | | Section 5-5.23 of the Illinois Public Aid Code and to |
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| 1 | | administer Individual Care Grants. The Department shall work | 2 | | collaboratively with stakeholders and family representatives | 3 | | in the implementation of this Section. | 4 | | (c) A child shall continue to be eligible for an Individual | 5 | | Care Grant if the child is placed in the temporary custody of | 6 | | the Department of Children and Family Services under Article II | 7 | | of the Juvenile Care Act of 1987 because the child was left at | 8 | | a psychiatric hospital beyond medical necessity and an | 9 | | application for the Family Support Program was pending with the | 10 | | Department or an active application was being reviewed by the | 11 | | Department when the petition under the Juvenile Court Act of | 12 | | 1987 was filed. | 13 | | (d) If the Department determines that the child meets all | 14 | | the eligibility criteria for Family Support Services and | 15 | | approves the application, the Department shall notify the | 16 | | parents and the Department of Children and Family Services. The | 17 | | court hearing the child's case under the Juvenile Court Act of | 18 | | 1987 shall conduct a hearing within 14 days after all parties | 19 | | have been notified and determine whether to vacate the custody | 20 | | or guardianship of the Department of Children and Family | 21 | | Services and return the child to the custody of his or her | 22 | | parents with Family Support Services in place or whether the | 23 | | child shall continue in the custody of the Department of | 24 | | Children and Family Services and decline the Family Support | 25 | | Program. The court shall conduct the hearing under Section 2-4b | 26 | | of the Juvenile Court Act of 1987.
If the court vacates the |
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| 1 | | custody or guardianship of the Department of Children and | 2 | | Family Services and returns the child to the custody of the | 3 | | respondent with Family Support Services, the Department shall | 4 | | become fiscally responsible for providing services to the | 5 | | child. If the court determines that the child shall continue in | 6 | | the custody of the Department of Children and Family Services, | 7 | | the Department of Children and Family Services shall remain | 8 | | fiscally responsible for providing services to the child, the | 9 | | Family Support Services shall be declined, and the child shall | 10 | | no longer be eligible for Family Support Services. | 11 | | (e) The Department shall provide an expedited review | 12 | | process for applications for minors in the custody or | 13 | | guardianship of the Department of Children and Family Services | 14 | | who continue to remain eligible for Individual Care Grants. The | 15 | | Department shall work collaboratively with stakeholders, | 16 | | including legal representatives of minors in care, providers of | 17 | | residential treatment services, and with the Department of | 18 | | Children and Family Services, to ensure that minors who are | 19 | | recipients of Individual Care Grants under this Section and | 20 | | Section 2-4b of the Juvenile Court Act of 1987 do not | 21 | | experience a disruption in services if the minor transitions | 22 | | from one program to another. The Department shall adopt rules | 23 | | to implement this Section no later than July 1, 2019.
| 24 | | (Source: P.A. 99-479, eff. 9-10-15.)"; and
| 25 | | on page 32, by replacing line 13 with "changing Sections 2-23 |
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| 1 | | and 2-28 and by adding Section 2-4b as follows: | 2 | | (705 ILCS 405/2-4b new) | 3 | | Sec. 2-4b. Family Support Program services; hearing. | 4 | | (a) Any minor who is placed in the custody or guardianship | 5 | | of the Department of Children and Family Services under Article | 6 | | II of this Act on the basis of a petition alleging that the | 7 | | minor is dependent because the minor was left at a psychiatric | 8 | | hospital beyond medical necessity, and for whom an application | 9 | | for the Family Support Program was pending with the Department | 10 | | of Healthcare and Family Services or an active application was | 11 | | being reviewed by the Department of Healthcare and Family | 12 | | Services at the time the petition was filed, shall continue to | 13 | | be considered eligible for services if all other eligibility | 14 | | criteria are met. | 15 | | (b) The court shall conduct a hearing within 14 days upon | 16 | | notification to all parties that an application for the Family | 17 | | Support Program services has been approved and services are | 18 | | available. At the hearing, the court shall determine whether to | 19 | | vacate the custody or guardianship of the Department of | 20 | | Children and Family Services and return the minor to the | 21 | | custody of the respondent with Family Support Program services | 22 | | or whether the minor shall continue to be in the custody or | 23 | | guardianship of the Department of Children and Family Services | 24 | | and decline the Family Support Program services. In making its | 25 | | determination, the court shall consider the minor's best |
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| 1 | | interest, the involvement of the respondent in proceedings | 2 | | under this Act, the involvement of the respondent in the | 3 | | minor's treatment, the relationship between the minor and the | 4 | | respondent, and any other factor the court deems relevant. If | 5 | | the court vacates the custody or guardianship of the Department | 6 | | of Children and Family Services and returns the minor the | 7 | | custody of the respondent with Family Support Services, the | 8 | | Department of Healthcare and Family Services shall become | 9 | | fiscally responsible for providing services to the minor. If | 10 | | the court determines that the minor shall continue in the | 11 | | custody of the Department of Children and Family Services, the | 12 | | Department of Children and Family Services shall remain fiscal | 13 | | responsibility for providing services to the minor, the Family | 14 | | Support Services shall be declined, and the minor shall no | 15 | | longer be eligible for Family Support Services. | 16 | | (c) This Section does not apply to a minor: | 17 | | (1) for whom a petition has been filed under this Act | 18 | | alleging that he or she is an abused or neglected minor; | 19 | | (2) for whom the court has made a finding that he or | 20 | | she is an abused or neglected minor under this Act; or | 21 | | (3) who is in the temporary custody of the Department | 22 | | of Children and Family Services and the minor has been the | 23 | | subject of an indicated allegation of abuse or neglect, | 24 | | other than for psychiatric lock-out, where a respondent was | 25 | | the perpetrator within 5 years of the filing of the pending | 26 | | petition.
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| 1 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 2 | | Sec. 2-23. Kinds of dispositional orders.
| 3 | | (1) The following kinds of orders of disposition may be | 4 | | made in respect of
wards of the court:
| 5 | | (a) A minor under 18 years of age found to be neglected | 6 | | or abused under
Section 2-3 or dependent under Section 2-4 | 7 | | may be (1) continued in the
custody of his or her parents,
| 8 | | guardian or legal custodian; (2) placed in accordance with | 9 | | Section 2-27;
(3) restored to the custody of the parent, | 10 | | parents, guardian, or legal
custodian, provided the court | 11 | | shall order the parent, parents, guardian, or
legal | 12 | | custodian to cooperate with the Department of Children and | 13 | | Family
Services and comply with the terms of an after-care | 14 | | plan or risk the loss of
custody of the child and the | 15 | | possible termination of their parental rights;
or
(4) | 16 | | ordered partially or completely emancipated in accordance | 17 | | with
the provisions of the Emancipation of Minors Act.
| 18 | | However, in any case in which a minor is found by the | 19 | | court to be
neglected or abused under Section 2-3 of this | 20 | | Act, custody of the minor
shall not be restored to any | 21 | | parent, guardian or legal custodian whose acts
or omissions | 22 | | or both have been identified, pursuant to subsection (1) of
| 23 | | Section 2-21, as forming the basis for the court's finding | 24 | | of abuse or
neglect, until such time
as a
hearing is held | 25 | | on the issue of the best interests of the minor and the |
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| 1 | | fitness
of such parent, guardian or legal custodian to care | 2 | | for the minor without
endangering the minor's health or | 3 | | safety, and the court
enters an order that such parent, | 4 | | guardian or legal custodian is fit to care
for the minor.
| 5 | | (b) A minor under 18 years of age found to be dependent | 6 | | under
Section 2-4 may be (1) placed in accordance with | 7 | | Section 2-27 or (2)
ordered partially or completely | 8 | | emancipated in accordance with the
provisions of the | 9 | | Emancipation of Minors Act.
| 10 | | However, in any case in which a minor is found by the | 11 | | court to be
dependent under Section 2-4 of this Act, | 12 | | custody of the minor shall not be
restored to
any parent, | 13 | | guardian or legal custodian whose acts or omissions or both | 14 | | have
been identified, pursuant to subsection (1) of Section | 15 | | 2-21, as forming the
basis for the court's finding of | 16 | | dependency, until such
time as a hearing is
held on the | 17 | | issue of the fitness of such parent, guardian or legal
| 18 | | custodian to care for the minor without endangering the | 19 | | minor's health or
safety, and the court enters an order | 20 | | that such
parent, guardian or legal custodian is fit to | 21 | | care for the minor.
| 22 | | (b-1) A minor between the ages of 18 and 21 may be | 23 | | placed pursuant to Section 2-27 of this Act if (1) the | 24 | | court has granted a supplemental petition to reinstate | 25 | | wardship of the minor pursuant to subsection (2) of Section | 26 | | 2-33, or (2) the court has adjudicated the minor a ward of |
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| 1 | | the court, permitted the minor to return home under an | 2 | | order of protection, and subsequently made a finding that | 3 | | it is in the minor's best interest to vacate the order of | 4 | | protection and commit the minor to the Department of | 5 | | Children and Family Services for care and service , or (3) | 6 | | the court returned the minor to the custody of the | 7 | | respondent under Section 2-4b of this Act without | 8 | | terminating the proceedings under Section 2-31 of this Act, | 9 | | and subsequently made a finding that it is in the minor's | 10 | | best interest to commit the minor to the Department of | 11 | | Children and Family Services for care and services .
| 12 | | (c) When the court awards guardianship to the | 13 | | Department of Children and
Family Services, the court shall | 14 | | order the parents to cooperate with the
Department of | 15 | | Children and Family Services, comply with the terms of the
| 16 | | service plans, and correct the conditions that require the | 17 | | child to be in care,
or risk termination of their parental | 18 | | rights.
| 19 | | (2) Any order of disposition may provide for protective | 20 | | supervision
under Section 2-24 and may include an order of | 21 | | protection under Section 2-25.
| 22 | | Unless the order of disposition expressly so provides, it | 23 | | does
not operate to close proceedings on the pending petition, | 24 | | but is subject
to modification, not inconsistent with Section | 25 | | 2-28, until final closing and discharge of the proceedings | 26 | | under
Section 2-31.
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| 1 | | (3) The court also shall enter any other orders necessary | 2 | | to fulfill the
service plan, including, but not limited to, (i) | 3 | | orders requiring parties to
cooperate with services, (ii) | 4 | | restraining orders controlling the conduct of any
party likely | 5 | | to frustrate the achievement of the goal, and (iii) visiting
| 6 | | orders. When the child is placed separately from a sibling, the
| 7 | | court shall review the Sibling Contact Support Plan developed | 8 | | under subsection (f) of Section 7.4 of the Children and Family | 9 | | Services Act, if applicable. If the Department has not convened | 10 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 11 | | court finds that the existing Plan is not in the child's best
| 12 | | interest, the court may enter an order requiring the Department | 13 | | to develop and implement
a Sibling Contact Support Plan under | 14 | | subsection (f) of Section 7.4 of the Children and Family | 15 | | Services Act or order mediation. Unless otherwise specifically | 16 | | authorized by law, the court is not
empowered under this | 17 | | subsection (3) to order specific placements, specific
| 18 | | services, or specific service
providers to be included in the | 19 | | plan. If, after receiving evidence, the court determines that | 20 | | the services contained in the plan are not reasonably | 21 | | calculated to facilitate achievement of the permanency goal, | 22 | | the court shall put in writing the factual basis supporting the | 23 | | determination and enter specific findings based on the | 24 | | evidence. The court also shall enter an order for the | 25 | | Department to develop and implement a new service plan or to | 26 | | implement changes to the current service plan consistent with |
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| 1 | | the court's findings. The new service plan shall be filed with | 2 | | the court and served on all parties within 45 days after the | 3 | | date of the order. The court shall continue the matter until | 4 | | the new service plan is filed. Except as authorized by | 5 | | subsection (3.5) of this Section or authorized by law, the | 6 | | court is not empowered under this Section to order specific | 7 | | placements, specific services, or specific service providers | 8 | | to be included in the service plan.
| 9 | | (3.5) If, after reviewing the evidence, including evidence | 10 | | from the Department, the court determines that the minor's | 11 | | current or planned placement is not necessary or appropriate to | 12 | | facilitate achievement of the permanency goal, the court shall | 13 | | put in writing the factual basis supporting its determination | 14 | | and enter specific findings based on the evidence. If the court | 15 | | finds that the minor's current or planned placement is not | 16 | | necessary or appropriate, the court may enter an order | 17 | | directing the Department to implement a recommendation by the | 18 | | minor's treating clinician or a clinician contracted by the | 19 | | Department to evaluate the minor or a recommendation made by | 20 | | the Department. If the Department places a minor in a placement | 21 | | under an order entered under this subsection (3.5), the | 22 | | Department has the authority to remove the minor from that | 23 | | placement when a change in circumstances necessitates the | 24 | | removal to protect the minor's health, safety, and best | 25 | | interest. If the Department determines removal is necessary, | 26 | | the Department shall notify the parties of the planned |
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| 1 | | placement change in writing no later than 10 days prior to the | 2 | | implementation of its determination unless remaining in the | 3 | | placement poses an imminent risk of harm to the minor, in which | 4 | | case the Department shall notify the parties of the placement | 5 | | change in writing immediately following the implementation of | 6 | | its decision. The Department shall notify others of the | 7 | | decision to change the minor's placement as required by | 8 | | Department rule. | 9 | | (4) In addition to any other order of disposition, the | 10 | | court may order
any minor adjudicated neglected with respect to | 11 | | his or her own injurious
behavior to make restitution, in | 12 | | monetary or non-monetary form, under the
terms and conditions | 13 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 14 | | that the "presentence hearing" referred to therein shall be the
| 15 | | dispositional hearing for purposes of this Section. The parent, | 16 | | guardian
or legal custodian of the minor may pay some or all of | 17 | | such restitution on
the minor's behalf.
| 18 | | (5) Any order for disposition where the minor is committed | 19 | | or placed in
accordance with Section 2-27 shall provide for the | 20 | | parents or guardian of
the estate of such minor to pay to the | 21 | | legal custodian or guardian of the
person of the minor such | 22 | | sums as are determined by the custodian or guardian
of the | 23 | | person of the minor as necessary for the minor's needs. Such | 24 | | payments
may not exceed the maximum amounts provided for by | 25 | | Section 9.1 of the
Children and Family Services Act.
| 26 | | (6) Whenever the order of disposition requires the minor to |
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| 1 | | attend
school or participate in a program of training, the | 2 | | truant officer or
designated school official shall regularly | 3 | | report to the court if the minor
is a chronic or habitual | 4 | | truant under Section 26-2a of the School Code.
| 5 | | (7) The court may terminate the parental rights of a parent | 6 | | at the initial
dispositional hearing if all of the conditions | 7 | | in subsection (5) of Section
2-21 are met.
| 8 | | (Source: P.A. 100-45, eff. 8-11-17.)"; and
| 9 | | on page 48, immediately below line 21, by inserting the | 10 | | following: | 11 | | "Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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