Illinois General Assembly - Full Text of SB0191
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Full Text of SB0191  101st General Assembly

SB0191enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB0191 EnrolledLRB101 08506 SLF 53583 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
67.1 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"
10means the Department of Healthcare and Family Services.
11    (b) To assist families in seeking intensive
12community-based services or residential placement for children
13with mental illness, for whom no appropriate care is available
14in State-operated facilities, the Department shall supplement
15the amount a family is able to pay, as determined by the
16Department and the amount available from other sources,
17provided the Department's share shall not exceed a uniform
18maximum rate to be determined from time to time by the
19Department. The Department may exercise the authority under
20this Section as is necessary to implement the provisions of
21Section 5-5.23 of the Illinois Public Aid Code and to
22administer Individual Care Grants. The Department shall work
23collaboratively with stakeholders and family representatives

 

 

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1in the implementation of this Section.
2    (c) A child shall continue to be eligible for an Individual
3Care Grant if (1): the child is placed in the temporary custody
4of the Department of Children and Family Services under Article
5II of the Juvenile Care Act of 1987 because the child was left
6at a psychiatric hospital beyond medical necessity and an
7application for the Family Support Program was pending with the
8Department or an active application was being reviewed by the
9Department when the petition under the Juvenile Court Act of
101987 was filed; or (2) the child is placed in the guardianship
11of the Department of Children and Family Services under Article
12V of the Juvenile Court Act of 1987 because the child requires
13care in a residential treatment facility and an application for
14the Family Support Program was pending with the Department or
15an active application was being reviewed by the Department when
16the guardianship order was entered.
17    (d) If the Department determines that the child meets all
18the eligibility criteria for Family Support Services and
19approves the application, the Department shall notify the
20parents and the Department of Children and Family Services. The
21court hearing the child's case under the Juvenile Court Act of
221987 shall conduct a hearing within 14 days after all parties
23have been notified and determine whether to vacate the custody
24or guardianship of the Department of Children and Family
25Services and return the child to the custody of his or her
26parents with Family Support Services in place or whether the

 

 

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1child shall continue in the custody or guardianship of the
2Department of Children and Family Services and decline the
3Family Support Program. The court shall conduct the hearing
4under Section 2-4b or Section 5-711 of the Juvenile Court Act
5of 1987. If the court vacates the custody or guardianship of
6the Department of Children and Family Services and returns the
7child to the custody of the parent, guardian, or other adult
8respondent with Family Support Services, the Department shall
9become fiscally responsible for providing services to the
10child. If the court determines that the child shall continue in
11the custody of the Department of Children and Family Services,
12the Department of Children and Family Services shall remain
13fiscally responsible for providing services to the child, the
14Family Support Services shall be declined, and the child shall
15no longer be eligible for Family Support Services as long as
16the child remains in the custody or guardianship of the
17Department of Children and Family Services.
18    (e) The Department shall provide an expedited review
19process for applications for minors in the custody or
20guardianship of the Department of Children and Family Services
21who continue to remain eligible for Individual Care Grants. The
22Department shall work collaboratively with stakeholders,
23including legal representatives of minors in care, providers of
24residential treatment services, and with the Department of
25Children and Family Services, to ensure that minors who are
26recipients of Individual Care Grants under this Section and

 

 

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1Sections Section 2-4b and 5-711 of the Juvenile Court Act of
21987 do not experience a disruption in services if the minor
3transitions from one program to another. The Department shall
4adopt rules to implement this Section no later than July 1,
52019.
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
8changing Sections 2-31 and 2-33 and by adding Section 5-711 as
9follows:
 
10    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
11    Sec. 2-31. Duration of wardship and discharge of
12proceedings.
13    (1) All proceedings under Article II of this Act in respect
14of any minor for whom a petition was filed after the effective
15date of this amendatory Act of 1991 automatically terminate
16upon his or her attaining the age of 21 19 years, except that a
17court may continue the wardship of a minor until age 21 for
18good cause when there is satisfactory evidence presented to the
19court and the court makes written factual findings that the
20health, safety, and best interest of the minor and the public
21require the continuation of the wardship. A court shall find
22that it is in the minor's best interest to continue wardship if
23the Department of Children and Family Services has not made
24reasonable efforts to ensure that the minor has documents

 

 

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1necessary for adult living as provided in Section 35.10 of the
2Children and Family Services Act.
3    (2) Whenever the court determines, and makes written
4factual findings, that health, safety, and the best interests
5of the minor and the public no longer require the wardship of
6the court, the court shall order the wardship terminated and
7all proceedings under this Act respecting that minor finally
8closed and discharged. The court may at the same time continue
9or terminate any custodianship or guardianship theretofore
10ordered but the termination must be made in compliance with
11Section 2-28. When terminating wardship under this Section, if
12the minor is over 18, or if wardship is terminated in
13conjunction with an order partially or completely emancipating
14the minor in accordance with the Emancipation of Minors Act,
15the court shall also consider the following factors, in
16addition to the health, safety, and best interest of the minor
17and the public: (A) the minor's wishes regarding case closure;
18(B) the manner in which the minor will maintain independence
19without services from the Department; (C) the minor's
20engagement in services including placement offered by the
21Department; (D) if the minor is not engaged the Department's
22efforts to engage the minor; (E) the nature of communication
23between the minor and the Department; (F) the minor's
24involvement in other State systems or services; (G) the minor's
25connections with family and other community support; and (H)
26any other factor the court deems relevant also make specific

 

 

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1findings of fact as to the minor's wishes regarding case
2closure and the manner in which the minor will maintain
3independence. The minor's lack of cooperation with services
4provided by the Department of Children and Family Services
5shall not by itself be considered sufficient evidence that the
6minor is prepared to live independently and that it is in the
7best interest of the minor to terminate wardship. It shall not
8be in the minor's best interest to terminate wardship of a
9minor over the age of 18 who is in the guardianship of the
10Department of Children and Family Services if the Department
11has not made reasonable efforts to ensure that the minor has
12documents necessary for adult living as provided in Section
1335.10 of the Children and Family Services Act.
14    (3) The wardship of the minor and any custodianship or
15guardianship respecting the minor for whom a petition was filed
16after the effective date of this amendatory Act of 1991
17automatically terminates when he attains the age of 19 years
18except as set forth in subsection (1) of this Section. The
19clerk of the court shall at that time record all proceedings
20under this Act as finally closed and discharged for that
21reason. The provisions of this subsection (3) become
22inoperative on and after the effective date of this amendatory
23Act of the 101st General Assembly.
24    (4) Notwithstanding any provision of law to the contrary,
25the changes made by this amendatory Act of the 101st General
26Assembly apply to all cases that are pending on or after the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly.
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
7a supplemental petition filed under this Section, the court may
8reinstate 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
19a supplemental petition filed under this Section, the court may
20reinstate 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
15proceeding in which the original adjudication order was
16entered. Unless excused by court for good cause shown, the
17petitioner shall give notice of the time and place of the
18hearing on the supplemental petition, in person or by mail, to
19the minor, if the minor is 14 years of age or older, and to the
20parties to the juvenile court proceeding. Notice shall be
21provided at least 3 court days in advance of the hearing date.
22    (4) A minor who is the subject of a petition to reinstate
23wardship under this Section shall be provided with
24representation in accordance with Sections 1-5 and 2-17 of this
25Act.
26    (5) Whenever a minor is committed to the Department of

 

 

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1Children and Family Services for care and services following
2the reinstatement of wardship under this Section, the
3Department 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
16Department of Children and Family Services under Section 5-710
17while an application for the Family Support Program was pending
18with the Department of Healthcare and Family Services or an
19active application was being reviewed by the Department of
20Healthcare and Family Services shall continue to be considered
21eligible for services if all other eligibility criteria are
22met.
23    (b) The court shall conduct a hearing within 14 days upon
24notification to all parties that an application for the Family
25Support Program services has been approved and services are

 

 

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1available. At the hearing, the court shall determine whether to
2vacate guardianship of the Department of Children and Family
3Services and return the minor to the custody of the parent or
4guardian with Family Support Program services or whether the
5minor shall continue in the guardianship of the Department of
6Children and Family Services and decline the Family Support
7Program services. In making its determination, the court shall
8consider the minor's best interest, the involvement of the
9parent or guardian in proceedings under this Act, the
10involvement of the parent or guardian in the minor's treatment,
11the relationship between the minor and the parent or guardian,
12and any other factor the court deems relevant. If the court
13vacates the guardianship of the Department of Children and
14Family Services and returns the minor to the custody of the
15parent or guardian with Family Support Services, the Department
16of Healthcare and Family Services shall become financially
17responsible for providing services to the minor. If the court
18determines that the minor shall continue in the custody of the
19Department of Children and Family Services, the Department of
20Children and Family Services shall remain financially
21responsible for providing services to the minor, the Family
22Support Services shall be declined, and the minor shall no
23longer 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
12becoming law.