Full Text of SB0191 101st General Assembly
SB0191eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 7.1 as follows:
| 7 | | (20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
| 8 | | Sec. 7.1. Individual Care Grants. | 9 | | (a) For the purposes of this Section 7.1, "Department" | 10 | | means the Department of Healthcare and Family Services. | 11 | | (b) To assist families in seeking intensive | 12 | | community-based services or residential placement for children | 13 | | with mental illness, for whom
no appropriate care is available | 14 | | in State-operated facilities, the Department shall supplement | 15 | | the amount a family is able to pay,
as determined by the | 16 | | Department and the amount available from other sources,
| 17 | | provided the Department's share shall not exceed a uniform | 18 | | maximum rate to be
determined from time to time by the | 19 | | Department. The Department may exercise the authority under | 20 | | this Section as is necessary to implement the provisions of | 21 | | Section 5-5.23 of the Illinois Public Aid Code and to | 22 | | administer Individual Care Grants. The Department shall work | 23 | | collaboratively with stakeholders and family representatives |
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| 1 | | in the implementation of this Section. | 2 | | (c) A child shall continue to be eligible for an Individual | 3 | | Care Grant if (1): the child is placed in the temporary custody | 4 | | of the Department of Children and Family Services under Article | 5 | | II of the Juvenile Care Act of 1987 because the child was left | 6 | | at a psychiatric hospital beyond medical necessity and an | 7 | | application for the Family Support Program was pending with the | 8 | | Department or an active application was being reviewed by the | 9 | | Department when the petition under the Juvenile Court Act of | 10 | | 1987 was filed ; or (2) the child is placed in the guardianship | 11 | | of the Department of Children and Family Services under Article | 12 | | V of the Juvenile Court Act of 1987 because the child requires | 13 | | care in a residential treatment facility and an application for | 14 | | the Family Support Program was pending with the Department or | 15 | | an active application was being reviewed by the Department when | 16 | | the guardianship order was entered . | 17 | | (d) If the Department determines that the child meets all | 18 | | the eligibility criteria for Family Support Services and | 19 | | approves the application, the Department shall notify the | 20 | | parents and the Department of Children and Family Services. The | 21 | | court hearing the child's case under the Juvenile Court Act of | 22 | | 1987 shall conduct a hearing within 14 days after all parties | 23 | | have been notified and determine whether to vacate the custody | 24 | | or guardianship of the Department of Children and Family | 25 | | Services and return the child to the custody of his or her | 26 | | parents with Family Support Services in place or whether the |
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| 1 | | child shall continue in the custody or guardianship of the | 2 | | Department of Children and Family Services and decline the | 3 | | Family Support Program. The court shall conduct the hearing | 4 | | under Section 2-4b or Section 5-711 of the Juvenile Court Act | 5 | | of 1987.
If the court vacates the custody or guardianship of | 6 | | the Department of Children and Family Services and returns the | 7 | | child to the custody of the parent, guardian, or other adult | 8 | | respondent with Family Support Services, the Department shall | 9 | | become fiscally responsible for providing services to the | 10 | | child. If the court determines that the child shall continue in | 11 | | the custody of the Department of Children and Family Services, | 12 | | the Department of Children and Family Services shall remain | 13 | | fiscally responsible for providing services to the child, the | 14 | | Family Support Services shall be declined, and the child shall | 15 | | no longer be eligible for Family Support Services as long as | 16 | | the child remains in the custody or guardianship of the | 17 | | Department of Children and Family Services . | 18 | | (e) The Department shall provide an expedited review | 19 | | process for applications for minors in the custody or | 20 | | guardianship of the Department of Children and Family Services | 21 | | who continue to remain eligible for Individual Care Grants. The | 22 | | Department shall work collaboratively with stakeholders, | 23 | | including legal representatives of minors in care, providers of | 24 | | residential treatment services, and with the Department of | 25 | | Children and Family Services, to ensure that minors who are | 26 | | recipients of Individual Care Grants under this Section and |
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| 1 | | Sections Section 2-4b and 5-711 of the Juvenile Court Act of | 2 | | 1987 do not experience a disruption in services if the minor | 3 | | transitions from one program to another. The Department shall | 4 | | adopt rules to implement this Section no later than July 1, | 5 | | 2019.
| 6 | | (Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)
| 7 | | Section 10. The Juvenile Court Act of 1987 is amended by | 8 | | adding Section 5-711 as follows: | 9 | | (705 ILCS 405/5-711 new) | 10 | | Sec. 5-711. Family Support Program services; hearing. | 11 | | (a) Any minor who is placed in the guardianship of the | 12 | | Department of Children and Family Services under Section 5-710 | 13 | | while an application for the Family Support Program was pending | 14 | | with the Department of Healthcare and Family Services or an | 15 | | active application was being reviewed by the Department of | 16 | | Healthcare and Family Services shall continue to be considered | 17 | | eligible for services if all other eligibility criteria are | 18 | | met. | 19 | | (b) The court shall conduct a hearing within 14 days upon | 20 | | notification to all parties that an application for the Family | 21 | | Support Program services has been approved and services are | 22 | | available. At the hearing, the court shall determine whether to | 23 | | vacate guardianship of the Department of Children and Family | 24 | | Services and return the minor to the custody of the parent or |
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| 1 | | guardian with Family Support Program services or whether the | 2 | | minor shall continue in the guardianship of the Department of | 3 | | Children and Family Services and decline the Family Support | 4 | | Program services. In making its determination, the court shall | 5 | | consider the minor's best interest, the involvement of the | 6 | | parent or guardian in proceedings under this Act, the | 7 | | involvement of the parent or guardian in the minor's treatment, | 8 | | the relationship between the minor and the parent or guardian, | 9 | | and any other factor the court deems relevant. If the court | 10 | | vacates the guardianship of the Department of Children and | 11 | | Family Services and returns the minor to the custody of the | 12 | | parent or guardian with Family Support Services, the Department | 13 | | of Healthcare and Family Services shall become financially | 14 | | responsible for providing services to the minor. If the court | 15 | | determines that the minor shall continue in the custody of the | 16 | | Department of Children and Family Services, the Department of | 17 | | Children and Family Services shall remain financially | 18 | | responsible for providing services to the minor, the Family | 19 | | Support Services shall be declined, and the minor shall no | 20 | | longer be eligible for Family Support Services. | 21 | | (c) This Section does not apply to a minor: | 22 | | (1) for whom a petition has been filed under this Act | 23 | | alleging that he or she is an abused or neglected minor; | 24 | | (2) for whom the court has made a finding that he or | 25 | | she is an abused or neglected minor under this Act except a | 26 | | finding under item (iv) of paragraph (a) of subsection (1) |
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| 1 | | of Section 5-710 that an independent basis of abuse, | 2 | | neglect, or dependency exists; or | 3 | | (3) who has been the subject of an indicated allegation | 4 | | of abuse or neglect by the Department of Children and | 5 | | Family Services, other than for psychiatric lock-out, in | 6 | | which the parent or guardian was the perpetrator within 5 | 7 | | years of the filing of the pending petition.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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