Full Text of SB0191 101st General Assembly
SB0191enr 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 | | changing Sections 2-31 and 2-33 and by adding Section 5-711 as | 9 | | follows:
| 10 | | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
| 11 | | Sec. 2-31. Duration of wardship and discharge of | 12 | | proceedings.
| 13 | | (1) All proceedings under Article II of this Act in respect | 14 | | of any minor for whom a
petition was filed after the effective | 15 | | date of this amendatory Act of 1991
automatically terminate | 16 | | upon his or her attaining the age of 21 19 years , except that
a | 17 | | court may continue the wardship of a minor until age 21 for | 18 | | good cause
when there is satisfactory evidence presented to the | 19 | | court and the court
makes written factual findings that the | 20 | | health, safety, and best
interest of the minor and the public | 21 | | require the continuation of the wardship . A court shall find | 22 | | that it is in the minor's best interest to continue wardship if | 23 | | the Department of Children and Family Services has not made | 24 | | reasonable efforts to ensure that the minor has documents |
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| 1 | | necessary for adult living as provided in Section 35.10 of the | 2 | | Children and Family Services Act.
| 3 | | (2) Whenever the court determines, and makes written | 4 | | factual findings, that
health, safety, and the best interests | 5 | | of the minor and
the public no longer require the wardship of | 6 | | the court, the court shall
order the wardship terminated and | 7 | | all proceedings under this Act respecting
that minor finally | 8 | | closed and discharged. The court may at the same time
continue | 9 | | or terminate any custodianship or guardianship theretofore | 10 | | ordered
but the termination must be made in compliance with | 11 | | Section 2-28. When terminating wardship under this Section, if | 12 | | the minor is over 18, or if wardship is terminated in | 13 | | conjunction with an order partially or completely emancipating | 14 | | the minor in accordance with the Emancipation of Minors Act, | 15 | | the court shall also consider the following factors, in | 16 | | addition to the health, safety, and best interest of the minor | 17 | | and the public: (A) the minor's wishes regarding case closure; | 18 | | (B) the manner in which the minor will maintain independence | 19 | | without services from the Department; (C) the minor's | 20 | | engagement in services including placement offered by the | 21 | | Department; (D) if the minor is not engaged the Department's | 22 | | efforts to engage the minor; (E) the nature of communication | 23 | | between the minor and the Department; (F) the minor's | 24 | | involvement in other State systems or services; (G) the minor's | 25 | | connections with family and other community support; and (H) | 26 | | any other factor the court deems relevant also make specific |
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| 1 | | findings of fact as to the minor's wishes regarding case | 2 | | closure and the manner in which the minor will maintain | 3 | | independence . The minor's lack of cooperation with services | 4 | | provided by the Department of Children and Family Services | 5 | | shall not by itself be considered sufficient evidence that the | 6 | | minor is prepared to live independently and that it is in the | 7 | | best interest of the minor to terminate wardship. It shall not | 8 | | be in the minor's best interest to terminate wardship of a | 9 | | minor over the age of 18 who is in the guardianship of the | 10 | | Department of Children and Family Services if the Department | 11 | | has not made reasonable efforts to ensure that the minor has | 12 | | documents necessary for adult living as provided in Section | 13 | | 35.10 of the Children and Family Services Act.
| 14 | | (3) The wardship of the minor and any custodianship or | 15 | | guardianship
respecting the minor for whom a petition was filed | 16 | | after the effective
date of this amendatory Act of 1991 | 17 | | automatically terminates when he
attains the age of 19 years | 18 | | except as set forth in subsection (1) of this
Section. The | 19 | | clerk of the court shall at that time record all proceedings
| 20 | | under this Act as finally closed and discharged for that | 21 | | reason. The provisions of this subsection (3) become | 22 | | inoperative on and after the effective date of this amendatory | 23 | | Act of the 101st General Assembly.
| 24 | | (4) Notwithstanding any provision of law to the contrary, | 25 | | the changes made by this amendatory Act of the 101st General | 26 | | Assembly apply to all cases that are pending on or after the |
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| 1 | | effective date of this amendatory Act of the 101st General | 2 | | Assembly. | 3 | | (Source: P.A. 100-680, eff. 1-1-19 .)
| 4 | | (705 ILCS 405/2-33)
| 5 | | Sec. 2-33. Supplemental petition to reinstate wardship.
| 6 | | (1) Any time prior to a minor's 18th birthday, pursuant to | 7 | | a supplemental
petition filed under this Section, the court may | 8 | | reinstate wardship and open a
previously closed case when:
| 9 | | (a) wardship and guardianship under the Juvenile Court | 10 | | Act of 1987 was
vacated in
conjunction with the appointment | 11 | | of a private guardian under the Probate Act of
1975;
| 12 | | (b) the minor is not presently a ward of the court | 13 | | under Article II of
this Act nor is there a petition for | 14 | | adjudication of wardship pending on behalf
of the minor; | 15 | | and
| 16 | | (c) it is in the minor's best interest that wardship be | 17 | | reinstated.
| 18 | | (2) Any time prior to a minor's 21st birthday, pursuant to | 19 | | a supplemental petition filed under this Section, the court may | 20 | | reinstate wardship and open a previously closed case when: | 21 | | (a) wardship and guardianship under this Act was | 22 | | vacated pursuant to: | 23 | | (i) an order entered under subsection (2) of | 24 | | Section 2-31 in the case of a minor over the age of 18; | 25 | | (ii) closure of a case under subsection (2) of |
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| 1 | | Section 2-31 in the case of a minor under the age of 18 | 2 | | who has been partially or completely emancipated in | 3 | | accordance with the Emancipation of Minors Act; or | 4 | | (iii) an order entered under subsection (3) of | 5 | | Section 2-31 based on the minor's attaining the age of | 6 | | 19 years before the effective date of this amendatory | 7 | | Act of the 101st General Assembly ; | 8 | | (b) the minor is not presently a ward of the court | 9 | | under Article II of this Act nor is there a petition for | 10 | | adjudication of wardship pending on behalf of the minor; | 11 | | and | 12 | | (c) it is in the minor's best interest that wardship be | 13 | | reinstated. | 14 | | (3) The supplemental petition must be filed in the same | 15 | | proceeding in which
the original adjudication order was | 16 | | entered. Unless excused by court for good
cause shown, the | 17 | | petitioner shall give notice of the time and place of the
| 18 | | hearing on the supplemental petition, in person or by mail, to | 19 | | the minor, if
the
minor is 14 years of age or older, and to the | 20 | | parties to the juvenile court
proceeding.
Notice shall be | 21 | | provided at least 3 court days in advance of the hearing
date.
| 22 | | (4) A minor who is the subject of a petition to reinstate | 23 | | wardship under this Section shall be provided with | 24 | | representation in accordance with Sections 1-5 and 2-17 of this | 25 | | Act. | 26 | | (5) Whenever a minor is committed to the Department of |
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| 1 | | Children and Family Services for care and services following | 2 | | the reinstatement of wardship under this Section, the | 3 | | Department shall: | 4 | | (a) Within 30 days of such commitment, prepare and file | 5 | | with the court a case plan which complies with the federal | 6 | | Adoption Assistance and Child Welfare Act of 1980 and is | 7 | | consistent with the health, safety and best interests of | 8 | | the minor; and | 9 | | (b) Promptly refer the minor for such services as are | 10 | | necessary and consistent with the minor's health, safety | 11 | | and best interests. | 12 | | (Source: P.A. 96-581, eff. 1-1-10.)
| 13 | | (705 ILCS 405/5-711 new) | 14 | | Sec. 5-711. Family Support Program services; hearing. | 15 | | (a) Any minor who is placed in the guardianship of the | 16 | | Department of Children and Family Services under Section 5-710 | 17 | | while an application for the Family Support Program was pending | 18 | | with the Department of Healthcare and Family Services or an | 19 | | active application was being reviewed by the Department of | 20 | | Healthcare and Family Services shall continue to be considered | 21 | | eligible for services if all other eligibility criteria are | 22 | | met. | 23 | | (b) The court shall conduct a hearing within 14 days upon | 24 | | notification to all parties that an application for the Family | 25 | | Support Program services has been approved and services are |
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| 1 | | available. At the hearing, the court shall determine whether to | 2 | | vacate guardianship of the Department of Children and Family | 3 | | Services and return the minor to the custody of the parent or | 4 | | guardian with Family Support Program services or whether the | 5 | | minor shall continue in the guardianship of the Department of | 6 | | Children and Family Services and decline the Family Support | 7 | | Program services. In making its determination, the court shall | 8 | | consider the minor's best interest, the involvement of the | 9 | | parent or guardian in proceedings under this Act, the | 10 | | involvement of the parent or guardian in the minor's treatment, | 11 | | the relationship between the minor and the parent or guardian, | 12 | | and any other factor the court deems relevant. If the court | 13 | | vacates the guardianship of the Department of Children and | 14 | | Family Services and returns the minor to the custody of the | 15 | | parent or guardian with Family Support Services, the Department | 16 | | of Healthcare and Family Services shall become financially | 17 | | responsible for providing services to the minor. If the court | 18 | | determines that the minor shall continue in the custody of the | 19 | | Department of Children and Family Services, the Department of | 20 | | Children and Family Services shall remain financially | 21 | | responsible for providing services to the minor, the Family | 22 | | Support Services shall be declined, and the minor shall no | 23 | | longer be eligible for Family Support Services. | 24 | | (c) This Section does not apply to a minor: | 25 | | (1) for whom a petition has been filed under this Act | 26 | | alleging that he or she is an abused or neglected minor; |
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| 1 | | (2) for whom the court has made a finding that he or | 2 | | she is an abused or neglected minor under this Act except a | 3 | | finding under item (iv) of paragraph (a) of subsection (1) | 4 | | of Section 5-710 that an independent basis of abuse, | 5 | | neglect, or dependency exists; or | 6 | | (3) who has been the subject of an indicated allegation | 7 | | of abuse or neglect by the Department of Children and | 8 | | Family Services, other than for psychiatric lock-out, in | 9 | | which the parent or guardian was the perpetrator within 5 | 10 | | years of the filing of the pending petition.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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