Illinois General Assembly - Full Text of SB3367
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Full Text of SB3367  103rd General Assembly


Sen. Lakesia Collins

Filed: 3/25/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 3367 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is
5amended by changing Sections 9.1 and 9.3 as follows:
6    (20 ILCS 505/9.1)  (from Ch. 23, par. 5009.1)
7    Sec. 9.1. The Department shall adopt rules no later than
8January 1, 2026 regarding The parents or guardians of the
9estates of children accepted for care and training under the
10Juvenile Court Act or the Juvenile Court Act of 1987, or
11through a voluntary placement agreement with the parents or
12guardians shall be liable for the payment to the Department,
13or to a licensed or approved child care facility designated by
14the Department of sums representing charges for the care and
15training of those children at a rate to be determined by the
16Department. The Department shall establish a standard by which



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1shall be measured the ability of parents or guardians to pay
2for the care and training of their children, and shall
3implement the standard by rules governing its application. The
4standard and the rules shall take into account ability to pay
5as measured by annual income and family size. Medical or other
6treatment provided on behalf of the family may also be taken
7into account in determining ability to pay if the Department
8concludes that such treatment is appropriate. In addition, the
9Department may provide by rule for referral of Title IV-E
10foster care maintenance cases to the Department of Healthcare
11and Family Services for child support enforcement services
12under Title IV-D of the Social Security Act. It is the policy
13of the State that in order to preserve the financial security
14of a child's parent seeking reunification, the Department will
15not refer cases for child support enforcement services or seek
16an assignment of rights of child support regarding any child
17prior to the permanency goal of return home being ruled out by
18the court in accordance with the Juvenile Court Act of 1987.
19The Department may refer cases for child support enforcement
20services, consistent with rules, after the permanency goal of
21return home has been ruled out by the court in accordance with
22the Juvenile Court Act of 1987. The Department shall adopt
23rules by January 1, 2026 establishing additional policies or
24criteria to consider to ensure compliance with this Section
25and federal law regarding referral for child support
26enforcement or assignment of rights of child support for



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1children where a return home goal has been ruled out in
2accordance with the Juvenile Court Act of 1987. The Department
3shall consider "good cause" as defined in regulations
4promulgated under Title IV-A of the Social Security Act, among
5other criteria, when determining whether to refer a case and,
6upon referral, the parent or guardian of the estate of a child
7who is receiving Title IV-E foster care maintenance payments
8shall be deemed to have made an assignment to the Department of
9any and all rights, title and interest in any support
10obligation on behalf of a child. The rights to support
11assigned to the Department shall constitute an obligation owed
12the State by the person who is responsible for providing the
13support, and shall be collectible under all applicable
15    The acceptance of children for services or care shall not
16be limited or conditioned in any manner on the financial
17status or ability of parents or guardians to make such
19(Source: P.A. 95-331, eff. 8-21-07.)
20    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
21    Sec. 9.3. Declarations by parents and guardians.
22Information requested of parents and guardians shall be
23submitted on forms or questionnaires prescribed by the
24Department or units of local government as the case may be and
25shall contain a written declaration to be signed by the parent



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1or guardian in substantially the following form:
2    "I declare under penalties of perjury that I have examined
3this form or questionnaire and all accompanying statements or
4documents pertaining to my income, or any other matter having
5bearing upon my status and ability to provide payment for care
6and training of my child, and to the best of my knowledge and
7belief the information supplied is true, correct, and
9    A person who makes and subscribes a form or questionnaire
10which contains, as herein above provided, a written
11declaration that it is made under the penalties of perjury,
12knowing it to be false, incorrect or incomplete, in respect to
13any material statement or representative bearing upon the
14parent's or guardian's status as a parent or guardian, or upon
15the parent's or guardian's income, resources, or other matter
16concerning the parent's or guardian's ability to provide
17parental payment, shall be subject to the penalties for
18perjury provided for in Section 32-2 of the Criminal Code of
20    Parents who refuse to provide such information after three
21written requests from the Department will be liable to the
22extent liability is consistent with the standards and rules
23described in Section 9.1 for the full cost of care provided,
24from the commencement of such care until the required
25information is received.
26(Source: P.A. 103-22, eff. 8-8-23.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".