Illinois General Assembly - Full Text of SB2820
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Full Text of SB2820  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 1/19/2024, by Sen. Lakesia Collins


15 ILCS 335/12  from Ch. 124, par. 32
20 ILCS 505/5
305 ILCS 5/5-2  from Ch. 23, par. 5-2
705 ILCS 405/2-23  from Ch. 37, par. 802-23
705 ILCS 405/2-31  from Ch. 37, par. 802-31
705 ILCS 405/2-33
705 ILCS 405/2-34

    Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.

LRB103 37208 KTG 67327 b





SB2820LRB103 37208 KTG 67327 b

1    AN ACT concerning foster youth.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. The Illinois Identification Card Act is amended
5by changing Section 12 as follows:
6    (15 ILCS 335/12)  (from Ch. 124, par. 32)
7    Sec. 12. Fees concerning standard Illinois Identification
8Cards. The fees required under this Act for standard Illinois
9Identification Cards must accompany any application provided
10for in this Act, and the Secretary shall collect such fees as
12    a. Original card................................$20
13    b. Renewal card.................................20
14    c. Corrected card...............................10
15    d. Duplicate card...............................20
16    e. Certified copy with seal ....................5
17    f. (Blank)
18    g. Applicant 65 years of age or over ...........No Fee
19    h. (Blank)
20    i. Individual living in Veterans
21        Home or Hospital ...........................No Fee
22    j. Original card under 18 years of age..........$5
23    k. Renewal card under 18 years of age...........$5



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1    l. Corrected card under 18 years of age.........$5
2    m. Duplicate card under 18 years of age.........$5
3    n. Homeless person..............................No Fee
4    o. Duplicate card issued to an active-duty
5        member of the United States Armed Forces,
6        the member's spouse, or dependent
7        children living with the member.............No Fee
8    p. Duplicate temporary card.....................$5
9    q. First card issued to a youth
10        for whom the Department of Children
11        and Family Services is legally responsible
12        or a foster child upon turning the age of
13        16 years old until he or she reaches
14        the age of 23 21 years old................... No Fee
15    r. Original card issued to a committed
16        person upon release on parole,
17        mandatory supervised release,
18        aftercare release, final
19        discharge, or pardon from the
20        Department of Corrections or
21        Department of Juvenile Justice..............No Fee
22    s. Limited-term Illinois Identification
23        Card issued to a committed person
24        upon release on parole, mandatory
25        supervised release, aftercare
26        release, final discharge, or pardon



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1        from the Department of
2        Corrections or Department of
3        Juvenile Justice............................No Fee
4    t. Original card issued to a
5        person up to 14 days prior
6        to or upon conditional release
7        or absolute discharge from
8        the Department of Human Services............ No Fee
9    u. Limited-term Illinois Identification
10        Card issued to a person up to
11        14 days prior to or upon
12        conditional release or absolute discharge
13        from the Department of Human Services....... No Fee
14    All fees collected under this Act shall be paid into the
15Road Fund of the State treasury, except that the following
16amounts shall be paid into the General Revenue Fund: (i) 80% of
17the fee for an original, renewal, or duplicate Illinois
18Identification Card issued on or after January 1, 2005; and
19(ii) 80% of the fee for a corrected Illinois Identification
20Card issued on or after January 1, 2005.
21    An individual, who resides in a veterans home or veterans
22hospital operated by the State or federal government, who
23makes an application for an Illinois Identification Card to be
24issued at no fee, must submit, along with the application, an
25affirmation by the applicant on a form provided by the
26Secretary of State, that such person resides in a veterans



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1home or veterans hospital operated by the State or federal
3    The application of a homeless individual for an Illinois
4Identification Card to be issued at no fee must be accompanied
5by an affirmation by a qualified person, as defined in Section
64C of this Act, on a form provided by the Secretary of State,
7that the applicant is currently homeless as defined in Section
81A of this Act.
9    For the application for the first Illinois Identification
10Card of a youth for whom the Department of Children and Family
11Services is legally responsible or a foster child to be issued
12at no fee, the youth must submit, along with the application,
13an affirmation by his or her court appointed attorney or an
14employee of the Department of Children and Family Services on
15a form provided by the Secretary of State, that the person is a
16youth for whom the Department of Children and Family Services
17is legally responsible or a foster child.
18    The fee for any duplicate identification card shall be
19waived for any person who presents the Secretary of State's
20Office with a police report showing that his or her
21identification card was stolen.
22    The fee for any duplicate identification card shall be
23waived for any person age 60 or older whose identification
24card has been lost or stolen.
25    As used in this Section, "active-duty member of the United
26States Armed Forces" means a member of the Armed Services or



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1Reserve Forces of the United States or a member of the Illinois
2National Guard who is called to active duty pursuant to an
3executive order of the President of the United States, an act
4of the Congress of the United States, or an order of the
6(Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
7100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
9    Section 5. The Children and Family Services Act is amended
10by changing Section 5 as follows:
11    (20 ILCS 505/5)
12    Sec. 5. Direct child welfare services; Department of
13Children and Family Services. To provide direct child welfare
14services when not available through other public or private
15child care or program facilities.
16    (a) For purposes of this Section:
17        (1) "Children" means persons found within the State
18    who are under the age of 18 years. The term also includes
19    persons under age 23 21 who:
20            (A) were committed to the Department pursuant to
21        the Juvenile Court Act or the Juvenile Court Act of
22        1987 and who continue under the jurisdiction of the
23        court; or
24            (B) were accepted for care, service and training



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1        by the Department prior to the age of 18 and whose best
2        interest in the discretion of the Department would be
3        served by continuing that care, service and training
4        because of severe emotional disturbances, physical
5        disability, social adjustment or any combination
6        thereof, or because of the need to complete an
7        educational or vocational training program.
8        (2) "Homeless youth" means persons found within the
9    State who are under the age of 19, are not in a safe and
10    stable living situation and cannot be reunited with their
11    families.
12        (3) "Child welfare services" means public social
13    services which are directed toward the accomplishment of
14    the following purposes:
15            (A) protecting and promoting the health, safety
16        and welfare of children, including homeless,
17        dependent, or neglected children;
18            (B) remedying, or assisting in the solution of
19        problems which may result in, the neglect, abuse,
20        exploitation, or delinquency of children;
21            (C) preventing the unnecessary separation of
22        children from their families by identifying family
23        problems, assisting families in resolving their
24        problems, and preventing the breakup of the family
25        where the prevention of child removal is desirable and
26        possible when the child can be cared for at home



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1        without endangering the child's health and safety;
2            (D) restoring to their families children who have
3        been removed, by the provision of services to the
4        child and the families when the child can be cared for
5        at home without endangering the child's health and
6        safety;
7            (E) placing children in suitable permanent family
8        arrangements, through guardianship or adoption, in
9        cases where restoration to the birth family is not
10        safe, possible, or appropriate;
11            (F) at the time of placement, conducting
12        concurrent planning, as described in subsection (l-1)
13        of this Section, so that permanency may occur at the
14        earliest opportunity. Consideration should be given so
15        that if reunification fails or is delayed, the
16        placement made is the best available placement to
17        provide permanency for the child;
18            (G) (blank);
19            (H) (blank); and
20            (I) placing and maintaining children in facilities
21        that provide separate living quarters for children
22        under the age of 18 and for children 18 years of age
23        and older, unless a child 18 years of age is in the
24        last year of high school education or vocational
25        training, in an approved individual or group treatment
26        program, in a licensed shelter facility, or secure



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1        child care facility. The Department is not required to
2        place or maintain children:
3                (i) who are in a foster home, or
4                (ii) who are persons with a developmental
5            disability, as defined in the Mental Health and
6            Developmental Disabilities Code, or
7                (iii) who are female children who are
8            pregnant, pregnant and parenting, or parenting, or
9                (iv) who are siblings, in facilities that
10            provide separate living quarters for children 18
11            years of age and older and for children under 18
12            years of age.
13    (b) (Blank).
14    (b-5) The Department shall adopt rules to establish a
15process for all licensed residential providers in Illinois to
16submit data as required by the Department, if they contract or
17receive reimbursement for children's mental health, substance
18use, and developmental disability services from the Department
19of Human Services, the Department of Juvenile Justice, or the
20Department of Healthcare and Family Services. The requested
21data must include, but is not limited to, capacity, staffing,
22and occupancy data for the purpose of establishing State need
23and placement availability.
24    All information collected, shared, or stored pursuant to
25this subsection shall be handled in accordance with all State
26and federal privacy laws and accompanying regulations and



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1rules, including without limitation the federal Health
2Insurance Portability and Accountability Act of 1996 (Public
3Law 104-191) and the Mental Health and Developmental
4Disabilities Confidentiality Act.
5    (c) The Department shall establish and maintain
6tax-supported child welfare services and extend and seek to
7improve voluntary services throughout the State, to the end
8that services and care shall be available on an equal basis
9throughout the State to children requiring such services.
10    (d) The Director may authorize advance disbursements for
11any new program initiative to any agency contracting with the
12Department. As a prerequisite for an advance disbursement, the
13contractor must post a surety bond in the amount of the advance
14disbursement and have a purchase of service contract approved
15by the Department. The Department may pay up to 2 months
16operational expenses in advance. The amount of the advance
17disbursement shall be prorated over the life of the contract
18or the remaining months of the fiscal year, whichever is less,
19and the installment amount shall then be deducted from future
20bills. Advance disbursement authorizations for new initiatives
21shall not be made to any agency after that agency has operated
22during 2 consecutive fiscal years. The requirements of this
23Section concerning advance disbursements shall not apply with
24respect to the following: payments to local public agencies
25for child day care services as authorized by Section 5a of this
26Act; and youth service programs receiving grant funds under



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1Section 17a-4.
2    (e) (Blank).
3    (f) (Blank).
4    (g) The Department shall establish rules and regulations
5concerning its operation of programs designed to meet the
6goals of child safety and protection, family preservation,
7family reunification, and adoption, including, but not limited
9        (1) adoption;
10        (2) foster care;
11        (3) family counseling;
12        (4) protective services;
13        (5) (blank);
14        (6) homemaker service;
15        (7) return of runaway children;
16        (8) (blank);
17        (9) placement under Section 5-7 of the Juvenile Court
18    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
19    Court Act of 1987 in accordance with the federal Adoption
20    Assistance and Child Welfare Act of 1980; and
21        (10) interstate services.
22    Rules and regulations established by the Department shall
23include provisions for training Department staff and the staff
24of Department grantees, through contracts with other agencies
25or resources, in screening techniques to identify substance
26use disorders, as defined in the Substance Use Disorder Act,



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1approved by the Department of Human Services, as a successor
2to the Department of Alcoholism and Substance Abuse, for the
3purpose of identifying children and adults who should be
4referred for an assessment at an organization appropriately
5licensed by the Department of Human Services for substance use
6disorder treatment.
7    (h) If the Department finds that there is no appropriate
8program or facility within or available to the Department for
9a youth in care and that no licensed private facility has an
10adequate and appropriate program or none agrees to accept the
11youth in care, the Department shall create an appropriate
12individualized, program-oriented plan for such youth in care.
13The plan may be developed within the Department or through
14purchase of services by the Department to the extent that it is
15within its statutory authority to do.
16    (i) Service programs shall be available throughout the
17State and shall include but not be limited to the following
19        (1) case management;
20        (2) homemakers;
21        (3) counseling;
22        (4) parent education;
23        (5) day care; and
24        (6) emergency assistance and advocacy.
25    In addition, the following services may be made available
26to assess and meet the needs of children and families:



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1        (1) comprehensive family-based services;
2        (2) assessments;
3        (3) respite care; and
4        (4) in-home health services.
5    The Department shall provide transportation for any of the
6services it makes available to children or families or for
7which it refers children or families.
8    (j) The Department may provide categories of financial
9assistance and education assistance grants, and shall
10establish rules and regulations concerning the assistance and
11grants, to persons who adopt children with physical or mental
12disabilities, children who are older, or other hard-to-place
13children who (i) immediately prior to their adoption were
14youth in care or (ii) were determined eligible for financial
15assistance with respect to a prior adoption and who become
16available for adoption because the prior adoption has been
17dissolved and the parental rights of the adoptive parents have
18been terminated or because the child's adoptive parents have
19died. The Department may continue to provide financial
20assistance and education assistance grants for a child who was
21determined eligible for financial assistance under this
22subsection (j) in the interim period beginning when the
23child's adoptive parents died and ending with the finalization
24of the new adoption of the child by another adoptive parent or
25parents. The Department may also provide categories of
26financial assistance and education assistance grants, and



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1shall establish rules and regulations for the assistance and
2grants, to persons appointed guardian of the person under
3Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
44-25, or 5-740 of the Juvenile Court Act of 1987 for children
5who were youth in care for 12 months immediately prior to the
6appointment of the guardian.
7    The amount of assistance may vary, depending upon the
8needs of the child and the adoptive parents, as set forth in
9the annual assistance agreement. Special purpose grants are
10allowed where the child requires special service but such
11costs may not exceed the amounts which similar services would
12cost the Department if it were to provide or secure them as
13guardian of the child.
14    Any financial assistance provided under this subsection is
15inalienable by assignment, sale, execution, attachment,
16garnishment, or any other remedy for recovery or collection of
17a judgment or debt.
18    (j-5) The Department shall not deny or delay the placement
19of a child for adoption if an approved family is available
20either outside of the Department region handling the case, or
21outside of the State of Illinois.
22    (k) The Department shall accept for care and training any
23child who has been adjudicated neglected or abused, or
24dependent committed to it pursuant to the Juvenile Court Act
25or the Juvenile Court Act of 1987.
26    (l) The Department shall offer family preservation



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1services, as defined in Section 8.2 of the Abused and
2Neglected Child Reporting Act, to help families, including
3adoptive and extended families. Family preservation services
4shall be offered (i) to prevent the placement of children in
5substitute care when the children can be cared for at home or
6in the custody of the person responsible for the children's
7welfare, (ii) to reunite children with their families, or
8(iii) to maintain an adoptive placement. Family preservation
9services shall only be offered when doing so will not endanger
10the children's health or safety. With respect to children who
11are in substitute care pursuant to the Juvenile Court Act of
121987, family preservation services shall not be offered if a
13goal other than those of subdivisions (A), (B), or (B-1) of
14subsection (2) of Section 2-28 of that Act has been set, except
15that reunification services may be offered as provided in
16paragraph (F) of subsection (2) of Section 2-28 of that Act.
17Nothing in this paragraph shall be construed to create a
18private right of action or claim on the part of any individual
19or child welfare agency, except that when a child is the
20subject of an action under Article II of the Juvenile Court Act
21of 1987 and the child's service plan calls for services to
22facilitate achievement of the permanency goal, the court
23hearing the action under Article II of the Juvenile Court Act
24of 1987 may order the Department to provide the services set
25out in the plan, if those services are not provided with
26reasonable promptness and if those services are available.



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1    The Department shall notify the child and the child's
2family of the Department's responsibility to offer and provide
3family preservation services as identified in the service
4plan. The child and the child's family shall be eligible for
5services as soon as the report is determined to be
6"indicated". The Department may offer services to any child or
7family with respect to whom a report of suspected child abuse
8or neglect has been filed, prior to concluding its
9investigation under Section 7.12 of the Abused and Neglected
10Child Reporting Act. However, the child's or family's
11willingness to accept services shall not be considered in the
12investigation. The Department may also provide services to any
13child or family who is the subject of any report of suspected
14child abuse or neglect or may refer such child or family to
15services available from other agencies in the community, even
16if the report is determined to be unfounded, if the conditions
17in the child's or family's home are reasonably likely to
18subject the child or family to future reports of suspected
19child abuse or neglect. Acceptance of such services shall be
20voluntary. The Department may also provide services to any
21child or family after completion of a family assessment, as an
22alternative to an investigation, as provided under the
23"differential response program" provided for in subsection
24(a-5) of Section 7.4 of the Abused and Neglected Child
25Reporting Act.
26    The Department may, at its discretion except for those



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1children also adjudicated neglected or dependent, accept for
2care and training any child who has been adjudicated addicted,
3as a truant minor in need of supervision or as a minor
4requiring authoritative intervention, under the Juvenile Court
5Act or the Juvenile Court Act of 1987, but no such child shall
6be committed to the Department by any court without the
7approval of the Department. On and after January 1, 2015 (the
8effective date of Public Act 98-803) and before January 1,
92017, a minor charged with a criminal offense under the
10Criminal Code of 1961 or the Criminal Code of 2012 or
11adjudicated delinquent shall not be placed in the custody of
12or committed to the Department by any court, except (i) a minor
13less than 16 years of age committed to the Department under
14Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
15for whom an independent basis of abuse, neglect, or dependency
16exists, which must be defined by departmental rule, or (iii) a
17minor for whom the court has granted a supplemental petition
18to reinstate wardship pursuant to subsection (2) of Section
192-33 of the Juvenile Court Act of 1987. On and after January 1,
202017, a minor charged with a criminal offense under the
21Criminal Code of 1961 or the Criminal Code of 2012 or
22adjudicated delinquent shall not be placed in the custody of
23or committed to the Department by any court, except (i) a minor
24less than 15 years of age committed to the Department under
25Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26for whom an independent basis of abuse, neglect, or dependency



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1exists, which must be defined by departmental rule, or (iii) a
2minor for whom the court has granted a supplemental petition
3to reinstate wardship pursuant to subsection (2) of Section
42-33 of the Juvenile Court Act of 1987. An independent basis
5exists when the allegations or adjudication of abuse, neglect,
6or dependency do not arise from the same facts, incident, or
7circumstances which give rise to a charge or adjudication of
8delinquency. The Department shall assign a caseworker to
9attend any hearing involving a youth in the care and custody of
10the Department who is placed on aftercare release, including
11hearings involving sanctions for violation of aftercare
12release conditions and aftercare release revocation hearings.
13    As soon as is possible after August 7, 2009 (the effective
14date of Public Act 96-134), the Department shall develop and
15implement a special program of family preservation services to
16support intact, foster, and adoptive families who are
17experiencing extreme hardships due to the difficulty and
18stress of caring for a child who has been diagnosed with a
19pervasive developmental disorder if the Department determines
20that those services are necessary to ensure the health and
21safety of the child. The Department may offer services to any
22family whether or not a report has been filed under the Abused
23and Neglected Child Reporting Act. The Department may refer
24the child or family to services available from other agencies
25in the community if the conditions in the child's or family's
26home are reasonably likely to subject the child or family to



SB2820- 18 -LRB103 37208 KTG 67327 b

1future reports of suspected child abuse or neglect. Acceptance
2of these services shall be voluntary. The Department shall
3develop and implement a public information campaign to alert
4health and social service providers and the general public
5about these special family preservation services. The nature
6and scope of the services offered and the number of families
7served under the special program implemented under this
8paragraph shall be determined by the level of funding that the
9Department annually allocates for this purpose. The term
10"pervasive developmental disorder" under this paragraph means
11a neurological condition, including, but not limited to,
12Asperger's Syndrome and autism, as defined in the most recent
13edition of the Diagnostic and Statistical Manual of Mental
14Disorders of the American Psychiatric Association.
15    (l-1) The General Assembly recognizes that the best
16interests of the child require that the child be placed in the
17most permanent living arrangement as soon as is practically
18possible. To achieve this goal, the General Assembly directs
19the Department of Children and Family Services to conduct
20concurrent planning so that permanency may occur at the
21earliest opportunity. Permanent living arrangements may
22include prevention of placement of a child outside the home of
23the family when the child can be cared for at home without
24endangering the child's health or safety; reunification with
25the family, when safe and appropriate, if temporary placement
26is necessary; or movement of the child toward the most



SB2820- 19 -LRB103 37208 KTG 67327 b

1permanent living arrangement and permanent legal status.
2    When determining reasonable efforts to be made with
3respect to a child, as described in this subsection, and in
4making such reasonable efforts, the child's health and safety
5shall be the paramount concern.
6    When a child is placed in foster care, the Department
7shall ensure and document that reasonable efforts were made to
8prevent or eliminate the need to remove the child from the
9child's home. The Department must make reasonable efforts to
10reunify the family when temporary placement of the child
11occurs unless otherwise required, pursuant to the Juvenile
12Court Act of 1987. At any time after the dispositional hearing
13where the Department believes that further reunification
14services would be ineffective, it may request a finding from
15the court that reasonable efforts are no longer appropriate.
16The Department is not required to provide further
17reunification services after such a finding.
18    A decision to place a child in substitute care shall be
19made with considerations of the child's health, safety, and
20best interests. At the time of placement, consideration should
21also be given so that if reunification fails or is delayed, the
22placement made is the best available placement to provide
23permanency for the child.
24    The Department shall adopt rules addressing concurrent
25planning for reunification and permanency. The Department
26shall consider the following factors when determining



SB2820- 20 -LRB103 37208 KTG 67327 b

1appropriateness of concurrent planning:
2        (1) the likelihood of prompt reunification;
3        (2) the past history of the family;
4        (3) the barriers to reunification being addressed by
5    the family;
6        (4) the level of cooperation of the family;
7        (5) the foster parents' willingness to work with the
8    family to reunite;
9        (6) the willingness and ability of the foster family
10    to provide an adoptive home or long-term placement;
11        (7) the age of the child;
12        (8) placement of siblings.
13    (m) The Department may assume temporary custody of any
14child if:
15        (1) it has received a written consent to such
16    temporary custody signed by the parents of the child or by
17    the parent having custody of the child if the parents are
18    not living together or by the guardian or custodian of the
19    child if the child is not in the custody of either parent,
20    or
21        (2) the child is found in the State and neither a
22    parent, guardian nor custodian of the child can be
23    located.
24If the child is found in the child's residence without a
25parent, guardian, custodian, or responsible caretaker, the
26Department may, instead of removing the child and assuming



SB2820- 21 -LRB103 37208 KTG 67327 b

1temporary custody, place an authorized representative of the
2Department in that residence until such time as a parent,
3guardian, or custodian enters the home and expresses a
4willingness and apparent ability to ensure the child's health
5and safety and resume permanent charge of the child, or until a
6relative enters the home and is willing and able to ensure the
7child's health and safety and assume charge of the child until
8a parent, guardian, or custodian enters the home and expresses
9such willingness and ability to ensure the child's safety and
10resume permanent charge. After a caretaker has remained in the
11home for a period not to exceed 12 hours, the Department must
12follow those procedures outlined in Section 2-9, 3-11, 4-8, or
135-415 of the Juvenile Court Act of 1987.
14    The Department shall have the authority, responsibilities
15and duties that a legal custodian of the child would have
16pursuant to subsection (9) of Section 1-3 of the Juvenile
17Court Act of 1987. Whenever a child is taken into temporary
18custody pursuant to an investigation under the Abused and
19Neglected Child Reporting Act, or pursuant to a referral and
20acceptance under the Juvenile Court Act of 1987 of a minor in
21limited custody, the Department, during the period of
22temporary custody and before the child is brought before a
23judicial officer as required by Section 2-9, 3-11, 4-8, or
245-415 of the Juvenile Court Act of 1987, shall have the
25authority, responsibilities and duties that a legal custodian
26of the child would have under subsection (9) of Section 1-3 of



SB2820- 22 -LRB103 37208 KTG 67327 b

1the Juvenile Court Act of 1987.
2    The Department shall ensure that any child taken into
3custody is scheduled for an appointment for a medical
5    A parent, guardian, or custodian of a child in the
6temporary custody of the Department who would have custody of
7the child if the child were not in the temporary custody of the
8Department may deliver to the Department a signed request that
9the Department surrender the temporary custody of the child.
10The Department may retain temporary custody of the child for
1110 days after the receipt of the request, during which period
12the Department may cause to be filed a petition pursuant to the
13Juvenile Court Act of 1987. If a petition is so filed, the
14Department shall retain temporary custody of the child until
15the court orders otherwise. If a petition is not filed within
16the 10-day period, the child shall be surrendered to the
17custody of the requesting parent, guardian, or custodian not
18later than the expiration of the 10-day period, at which time
19the authority and duties of the Department with respect to the
20temporary custody of the child shall terminate.
21    (m-1) The Department may place children under 18 years of
22age in a secure child care facility licensed by the Department
23that cares for children who are in need of secure living
24arrangements for their health, safety, and well-being after a
25determination is made by the facility director and the
26Director or the Director's designate prior to admission to the



SB2820- 23 -LRB103 37208 KTG 67327 b

1facility subject to Section 2-27.1 of the Juvenile Court Act
2of 1987. This subsection (m-1) does not apply to a child who is
3subject to placement in a correctional facility operated
4pursuant to Section 3-15-2 of the Unified Code of Corrections,
5unless the child is a youth in care who was placed in the care
6of the Department before being subject to placement in a
7correctional facility and a court of competent jurisdiction
8has ordered placement of the child in a secure care facility.
9    (n) The Department may place children under 18 years of
10age in licensed child care facilities when in the opinion of
11the Department, appropriate services aimed at family
12preservation have been unsuccessful and cannot ensure the
13child's health and safety or are unavailable and such
14placement would be for their best interest. Payment for board,
15clothing, care, training and supervision of any child placed
16in a licensed child care facility may be made by the
17Department, by the parents or guardians of the estates of
18those children, or by both the Department and the parents or
19guardians, except that no payments shall be made by the
20Department for any child placed in a licensed child care
21facility for board, clothing, care, training, and supervision
22of such a child that exceed the average per capita cost of
23maintaining and of caring for a child in institutions for
24dependent or neglected children operated by the Department.
25However, such restriction on payments does not apply in cases
26where children require specialized care and treatment for



SB2820- 24 -LRB103 37208 KTG 67327 b

1problems of severe emotional disturbance, physical disability,
2social adjustment, or any combination thereof and suitable
3facilities for the placement of such children are not
4available at payment rates within the limitations set forth in
5this Section. All reimbursements for services delivered shall
6be absolutely inalienable by assignment, sale, attachment, or
7garnishment or otherwise.
8    (n-1) The Department shall provide or authorize child
9welfare services, aimed at assisting minors to achieve
10sustainable self-sufficiency as independent adults, for any
11minor eligible for the reinstatement of wardship pursuant to
12subsection (2) of Section 2-33 of the Juvenile Court Act of
131987, whether or not such reinstatement is sought or allowed,
14provided that the minor consents to such services and has not
15yet attained the age of 23 21. The Department shall have
16responsibility for the development and delivery of services
17under this Section. An eligible youth may access services
18under this Section through the Department of Children and
19Family Services or by referral from the Department of Human
20Services. Youth participating in services under this Section
21shall cooperate with the assigned case manager in developing
22an agreement identifying the services to be provided and how
23the youth will increase skills to achieve self-sufficiency. A
24homeless shelter is not considered appropriate housing for any
25youth receiving child welfare services under this Section. The
26Department shall continue child welfare services under this



SB2820- 25 -LRB103 37208 KTG 67327 b

1Section to any eligible minor until the minor becomes 23 21
2years of age, no longer consents to participate, or achieves
3self-sufficiency as identified in the minor's service plan.
4The Department of Children and Family Services shall create
5clear, readable notice of the rights of former foster youth to
6child welfare services under this Section and how such
7services may be obtained. The Department of Children and
8Family Services and the Department of Human Services shall
9disseminate this information statewide. The Department shall
10adopt regulations describing services intended to assist
11minors in achieving sustainable self-sufficiency as
12independent adults.
13    (o) The Department shall establish an administrative
14review and appeal process for children and families who
15request or receive child welfare services from the Department.
16Youth in care who are placed by private child welfare
17agencies, and foster families with whom those youth are
18placed, shall be afforded the same procedural and appeal
19rights as children and families in the case of placement by the
20Department, including the right to an initial review of a
21private agency decision by that agency. The Department shall
22ensure that any private child welfare agency, which accepts
23youth in care for placement, affords those rights to children
24and foster families. The Department shall accept for
25administrative review and an appeal hearing a complaint made
26by (i) a child or foster family concerning a decision



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1following an initial review by a private child welfare agency
2or (ii) a prospective adoptive parent who alleges a violation
3of subsection (j-5) of this Section. An appeal of a decision
4concerning a change in the placement of a child shall be
5conducted in an expedited manner. A court determination that a
6current foster home placement is necessary and appropriate
7under Section 2-28 of the Juvenile Court Act of 1987 does not
8constitute a judicial determination on the merits of an
9administrative appeal, filed by a former foster parent,
10involving a change of placement decision.
11    (p) (Blank).
12    (q) The Department may receive and use, in their entirety,
13for the benefit of children any gift, donation, or bequest of
14money or other property which is received on behalf of such
15children, or any financial benefits to which such children are
16or may become entitled while under the jurisdiction or care of
17the Department, except that the benefits described in Section
185.46 must be used and conserved consistent with the provisions
19under Section 5.46.
20    The Department shall set up and administer no-cost,
21interest-bearing accounts in appropriate financial
22institutions for children for whom the Department is legally
23responsible and who have been determined eligible for
24Veterans' Benefits, Social Security benefits, assistance
25allotments from the armed forces, court ordered payments,
26parental voluntary payments, Supplemental Security Income,



SB2820- 27 -LRB103 37208 KTG 67327 b

1Railroad Retirement payments, Black Lung benefits, or other
2miscellaneous payments. Interest earned by each account shall
3be credited to the account, unless disbursed in accordance
4with this subsection.
5    In disbursing funds from children's accounts, the
6Department shall:
7        (1) Establish standards in accordance with State and
8    federal laws for disbursing money from children's
9    accounts. In all circumstances, the Department's
10    Guardianship Administrator or the Guardianship
11    Administrator's designee must approve disbursements from
12    children's accounts. The Department shall be responsible
13    for keeping complete records of all disbursements for each
14    account for any purpose.
15        (2) Calculate on a monthly basis the amounts paid from
16    State funds for the child's board and care, medical care
17    not covered under Medicaid, and social services; and
18    utilize funds from the child's account, as covered by
19    regulation, to reimburse those costs. Monthly,
20    disbursements from all children's accounts, up to 1/12 of
21    $13,000,000, shall be deposited by the Department into the
22    General Revenue Fund and the balance over 1/12 of
23    $13,000,000 into the DCFS Children's Services Fund.
24        (3) Maintain any balance remaining after reimbursing
25    for the child's costs of care, as specified in item (2).
26    The balance shall accumulate in accordance with relevant



SB2820- 28 -LRB103 37208 KTG 67327 b

1    State and federal laws and shall be disbursed to the child
2    or the child's guardian, or to the issuing agency.
3    (r) The Department shall promulgate regulations
4encouraging all adoption agencies to voluntarily forward to
5the Department or its agent names and addresses of all persons
6who have applied for and have been approved for adoption of a
7hard-to-place child or child with a disability and the names
8of such children who have not been placed for adoption. A list
9of such names and addresses shall be maintained by the
10Department or its agent, and coded lists which maintain the
11confidentiality of the person seeking to adopt the child and
12of the child shall be made available, without charge, to every
13adoption agency in the State to assist the agencies in placing
14such children for adoption. The Department may delegate to an
15agent its duty to maintain and make available such lists. The
16Department shall ensure that such agent maintains the
17confidentiality of the person seeking to adopt the child and
18of the child.
19    (s) The Department of Children and Family Services may
20establish and implement a program to reimburse Department and
21private child welfare agency foster parents licensed by the
22Department of Children and Family Services for damages
23sustained by the foster parents as a result of the malicious or
24negligent acts of foster children, as well as providing third
25party coverage for such foster parents with regard to actions
26of foster children to other individuals. Such coverage will be



SB2820- 29 -LRB103 37208 KTG 67327 b

1secondary to the foster parent liability insurance policy, if
2applicable. The program shall be funded through appropriations
3from the General Revenue Fund, specifically designated for
4such purposes.
5    (t) The Department shall perform home studies and
6investigations and shall exercise supervision over visitation
7as ordered by a court pursuant to the Illinois Marriage and
8Dissolution of Marriage Act or the Adoption Act only if:
9        (1) an order entered by an Illinois court specifically
10    directs the Department to perform such services; and
11        (2) the court has ordered one or both of the parties to
12    the proceeding to reimburse the Department for its
13    reasonable costs for providing such services in accordance
14    with Department rules, or has determined that neither
15    party is financially able to pay.
16    The Department shall provide written notification to the
17court of the specific arrangements for supervised visitation
18and projected monthly costs within 60 days of the court order.
19The Department shall send to the court information related to
20the costs incurred except in cases where the court has
21determined the parties are financially unable to pay. The
22court may order additional periodic reports as appropriate.
23    (u) In addition to other information that must be
24provided, whenever the Department places a child with a
25prospective adoptive parent or parents, in a licensed foster
26home, group home, or child care institution, or in a relative



SB2820- 30 -LRB103 37208 KTG 67327 b

1home, the Department shall provide to the prospective adoptive
2parent or parents or other caretaker:
3        (1) available detailed information concerning the
4    child's educational and health history, copies of
5    immunization records (including insurance and medical card
6    information), a history of the child's previous
7    placements, if any, and reasons for placement changes
8    excluding any information that identifies or reveals the
9    location of any previous caretaker;
10        (2) a copy of the child's portion of the client
11    service plan, including any visitation arrangement, and
12    all amendments or revisions to it as related to the child;
13    and
14        (3) information containing details of the child's
15    individualized educational plan when the child is
16    receiving special education services.
17    The caretaker shall be informed of any known social or
18behavioral information (including, but not limited to,
19criminal background, fire setting, perpetuation of sexual
20abuse, destructive behavior, and substance abuse) necessary to
21care for and safeguard the children to be placed or currently
22in the home. The Department may prepare a written summary of
23the information required by this paragraph, which may be
24provided to the foster or prospective adoptive parent in
25advance of a placement. The foster or prospective adoptive
26parent may review the supporting documents in the child's file



SB2820- 31 -LRB103 37208 KTG 67327 b

1in the presence of casework staff. In the case of an emergency
2placement, casework staff shall at least provide known
3information verbally, if necessary, and must subsequently
4provide the information in writing as required by this
6    The information described in this subsection shall be
7provided in writing. In the case of emergency placements when
8time does not allow prior review, preparation, and collection
9of written information, the Department shall provide such
10information as it becomes available. Within 10 business days
11after placement, the Department shall obtain from the
12prospective adoptive parent or parents or other caretaker a
13signed verification of receipt of the information provided.
14Within 10 business days after placement, the Department shall
15provide to the child's guardian ad litem a copy of the
16information provided to the prospective adoptive parent or
17parents or other caretaker. The information provided to the
18prospective adoptive parent or parents or other caretaker
19shall be reviewed and approved regarding accuracy at the
20supervisory level.
21    (u-5) Effective July 1, 1995, only foster care placements
22licensed as foster family homes pursuant to the Child Care Act
23of 1969 shall be eligible to receive foster care payments from
24the Department. Relative caregivers who, as of July 1, 1995,
25were approved pursuant to approved relative placement rules
26previously promulgated by the Department at 89 Ill. Adm. Code



SB2820- 32 -LRB103 37208 KTG 67327 b

1335 and had submitted an application for licensure as a foster
2family home may continue to receive foster care payments only
3until the Department determines that they may be licensed as a
4foster family home or that their application for licensure is
5denied or until September 30, 1995, whichever occurs first.
6    (v) The Department shall access criminal history record
7information as defined in the Illinois Uniform Conviction
8Information Act and information maintained in the adjudicatory
9and dispositional record system as defined in Section 2605-355
10of the Illinois State Police Law if the Department determines
11the information is necessary to perform its duties under the
12Abused and Neglected Child Reporting Act, the Child Care Act
13of 1969, and the Children and Family Services Act. The
14Department shall provide for interactive computerized
15communication and processing equipment that permits direct
16on-line communication with the Illinois State Police's central
17criminal history data repository. The Department shall comply
18with all certification requirements and provide certified
19operators who have been trained by personnel from the Illinois
20State Police. In addition, one Office of the Inspector General
21investigator shall have training in the use of the criminal
22history information access system and have access to the
23terminal. The Department of Children and Family Services and
24its employees shall abide by rules and regulations established
25by the Illinois State Police relating to the access and
26dissemination of this information.



SB2820- 33 -LRB103 37208 KTG 67327 b

1    (v-1) Prior to final approval for placement of a child,
2the Department shall conduct a criminal records background
3check of the prospective foster or adoptive parent, including
4fingerprint-based checks of national crime information
5databases. Final approval for placement shall not be granted
6if the record check reveals a felony conviction for child
7abuse or neglect, for spousal abuse, for a crime against
8children, or for a crime involving violence, including rape,
9sexual assault, or homicide, but not including other physical
10assault or battery, or if there is a felony conviction for
11physical assault, battery, or a drug-related offense committed
12within the past 5 years.
13    (v-2) Prior to final approval for placement of a child,
14the Department shall check its child abuse and neglect
15registry for information concerning prospective foster and
16adoptive parents, and any adult living in the home. If any
17prospective foster or adoptive parent or other adult living in
18the home has resided in another state in the preceding 5 years,
19the Department shall request a check of that other state's
20child abuse and neglect registry.
21    (w) Within 120 days of August 20, 1995 (the effective date
22of Public Act 89-392), the Department shall prepare and submit
23to the Governor and the General Assembly, a written plan for
24the development of in-state licensed secure child care
25facilities that care for children who are in need of secure
26living arrangements for their health, safety, and well-being.



SB2820- 34 -LRB103 37208 KTG 67327 b

1For purposes of this subsection, secure care facility shall
2mean a facility that is designed and operated to ensure that
3all entrances and exits from the facility, a building or a
4distinct part of the building, are under the exclusive control
5of the staff of the facility, whether or not the child has the
6freedom of movement within the perimeter of the facility,
7building, or distinct part of the building. The plan shall
8include descriptions of the types of facilities that are
9needed in Illinois; the cost of developing these secure care
10facilities; the estimated number of placements; the potential
11cost savings resulting from the movement of children currently
12out-of-state who are projected to be returned to Illinois; the
13necessary geographic distribution of these facilities in
14Illinois; and a proposed timetable for development of such
16    (x) The Department shall conduct annual credit history
17checks to determine the financial history of children placed
18under its guardianship pursuant to the Juvenile Court Act of
191987. The Department shall conduct such credit checks starting
20when a youth in care turns 12 years old and each year
21thereafter for the duration of the guardianship as terminated
22pursuant to the Juvenile Court Act of 1987. The Department
23shall determine if financial exploitation of the child's
24personal information has occurred. If financial exploitation
25appears to have taken place or is presently ongoing, the
26Department shall notify the proper law enforcement agency, the



SB2820- 35 -LRB103 37208 KTG 67327 b

1proper State's Attorney, or the Attorney General.
2    (y) Beginning on July 22, 2010 (the effective date of
3Public Act 96-1189), a child with a disability who receives
4residential and educational services from the Department shall
5be eligible to receive transition services in accordance with
6Article 14 of the School Code from the age of 14.5 through age
721, inclusive, notwithstanding the child's residential
8services arrangement. For purposes of this subsection, "child
9with a disability" means a child with a disability as defined
10by the federal Individuals with Disabilities Education
11Improvement Act of 2004.
12    (z) The Department shall access criminal history record
13information as defined as "background information" in this
14subsection and criminal history record information as defined
15in the Illinois Uniform Conviction Information Act for each
16Department employee or Department applicant. Each Department
17employee or Department applicant shall submit the employee's
18or applicant's fingerprints to the Illinois State Police in
19the form and manner prescribed by the Illinois State Police.
20These fingerprints shall be checked against the fingerprint
21records now and hereafter filed in the Illinois State Police
22and the Federal Bureau of Investigation criminal history
23records databases. The Illinois State Police shall charge a
24fee for conducting the criminal history record check, which
25shall be deposited into the State Police Services Fund and
26shall not exceed the actual cost of the record check. The



SB2820- 36 -LRB103 37208 KTG 67327 b

1Illinois State Police shall furnish, pursuant to positive
2identification, all Illinois conviction information to the
3Department of Children and Family Services.
4    For purposes of this subsection:
5    "Background information" means all of the following:
6        (i) Upon the request of the Department of Children and
7    Family Services, conviction information obtained from the
8    Illinois State Police as a result of a fingerprint-based
9    criminal history records check of the Illinois criminal
10    history records database and the Federal Bureau of
11    Investigation criminal history records database concerning
12    a Department employee or Department applicant.
13        (ii) Information obtained by the Department of
14    Children and Family Services after performing a check of
15    the Illinois State Police's Sex Offender Database, as
16    authorized by Section 120 of the Sex Offender Community
17    Notification Law, concerning a Department employee or
18    Department applicant.
19        (iii) Information obtained by the Department of
20    Children and Family Services after performing a check of
21    the Child Abuse and Neglect Tracking System (CANTS)
22    operated and maintained by the Department.
23    "Department employee" means a full-time or temporary
24employee coded or certified within the State of Illinois
25Personnel System.
26    "Department applicant" means an individual who has



SB2820- 37 -LRB103 37208 KTG 67327 b

1conditional Department full-time or part-time work, a
2contractor, an individual used to replace or supplement staff,
3an academic intern, a volunteer in Department offices or on
4Department contracts, a work-study student, an individual or
5entity licensed by the Department, or an unlicensed service
6provider who works as a condition of a contract or an agreement
7and whose work may bring the unlicensed service provider into
8contact with Department clients or client records.
9(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
10102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
111-1-24; 103-546, eff. 8-11-23; revised 9-25-23.)
12    Section 10. The Illinois Public Aid Code is amended by
13changing Section 5-2 as follows:
14    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
15    Sec. 5-2. Classes of persons eligible. Medical assistance
16under this Article shall be available to any of the following
17classes of persons in respect to whom a plan for coverage has
18been submitted to the Governor by the Illinois Department and
19approved by him. If changes made in this Section 5-2 require
20federal approval, they shall not take effect until such
21approval has been received:
22        1. Recipients of basic maintenance grants under
23    Articles III and IV.
24        2. Beginning January 1, 2014, persons otherwise



SB2820- 38 -LRB103 37208 KTG 67327 b

1    eligible for basic maintenance under Article III,
2    excluding any eligibility requirements that are
3    inconsistent with any federal law or federal regulation,
4    as interpreted by the U.S. Department of Health and Human
5    Services, but who fail to qualify thereunder on the basis
6    of need, and who have insufficient income and resources to
7    meet the costs of necessary medical care, including, but
8    not limited to, the following:
9            (a) All persons otherwise eligible for basic
10        maintenance under Article III but who fail to qualify
11        under that Article on the basis of need and who meet
12        either of the following requirements:
13                (i) their income, as determined by the
14            Illinois Department in accordance with any federal
15            requirements, is equal to or less than 100% of the
16            federal poverty level; or
17                (ii) their income, after the deduction of
18            costs incurred for medical care and for other
19            types of remedial care, is equal to or less than
20            100% of the federal poverty level.
21            (b) (Blank).
22        3. (Blank).
23        4. Persons not eligible under any of the preceding
24    paragraphs who fall sick, are injured, or die, not having
25    sufficient money, property or other resources to meet the
26    costs of necessary medical care or funeral and burial



SB2820- 39 -LRB103 37208 KTG 67327 b

1    expenses.
2        5.(a) Beginning January 1, 2020, individuals during
3    pregnancy and during the 12-month period beginning on the
4    last day of the pregnancy, together with their infants,
5    whose income is at or below 200% of the federal poverty
6    level. Until September 30, 2019, or sooner if the
7    maintenance of effort requirements under the Patient
8    Protection and Affordable Care Act are eliminated or may
9    be waived before then, individuals during pregnancy and
10    during the 12-month period beginning on the last day of
11    the pregnancy, whose countable monthly income, after the
12    deduction of costs incurred for medical care and for other
13    types of remedial care as specified in administrative
14    rule, is equal to or less than the Medical Assistance-No
15    Grant(C) (MANG(C)) Income Standard in effect on April 1,
16    2013 as set forth in administrative rule.
17        (b) The plan for coverage shall provide ambulatory
18    prenatal care to pregnant individuals during a presumptive
19    eligibility period and establish an income eligibility
20    standard that is equal to 200% of the federal poverty
21    level, provided that costs incurred for medical care are
22    not taken into account in determining such income
23    eligibility.
24        (c) The Illinois Department may conduct a
25    demonstration in at least one county that will provide
26    medical assistance to pregnant individuals together with



SB2820- 40 -LRB103 37208 KTG 67327 b

1    their infants and children up to one year of age, where the
2    income eligibility standard is set up to 185% of the
3    nonfarm income official poverty line, as defined by the
4    federal Office of Management and Budget. The Illinois
5    Department shall seek and obtain necessary authorization
6    provided under federal law to implement such a
7    demonstration. Such demonstration may establish resource
8    standards that are not more restrictive than those
9    established under Article IV of this Code.
10        6. (a) Subject to federal approval, children younger
11    than age 19 when countable income is at or below 313% of
12    the federal poverty level, as determined by the Department
13    and in accordance with all applicable federal
14    requirements. The Department is authorized to adopt
15    emergency rules to implement the changes made to this
16    paragraph by Public Act 102-43. Until September 30, 2019,
17    or sooner if the maintenance of effort requirements under
18    the Patient Protection and Affordable Care Act are
19    eliminated or may be waived before then, children younger
20    than age 19 whose countable monthly income, after the
21    deduction of costs incurred for medical care and for other
22    types of remedial care as specified in administrative
23    rule, is equal to or less than the Medical Assistance-No
24    Grant(C) (MANG(C)) Income Standard in effect on April 1,
25    2013 as set forth in administrative rule.
26        (b) Children and youth who are under temporary custody



SB2820- 41 -LRB103 37208 KTG 67327 b

1    or guardianship of the Department of Children and Family
2    Services or who receive financial assistance in support of
3    an adoption or guardianship placement from the Department
4    of Children and Family Services.
5        7. (Blank).
6        8. As required under federal law, persons who are
7    eligible for Transitional Medical Assistance as a result
8    of an increase in earnings or child or spousal support
9    received. The plan for coverage for this class of persons
10    shall:
11            (a) extend the medical assistance coverage to the
12        extent required by federal law; and
13            (b) offer persons who have initially received 6
14        months of the coverage provided in paragraph (a)
15        above, the option of receiving an additional 6 months
16        of coverage, subject to the following:
17                (i) such coverage shall be pursuant to
18            provisions of the federal Social Security Act;
19                (ii) such coverage shall include all services
20            covered under Illinois' State Medicaid Plan;
21                (iii) no premium shall be charged for such
22            coverage; and
23                (iv) such coverage shall be suspended in the
24            event of a person's failure without good cause to
25            file in a timely fashion reports required for this
26            coverage under the Social Security Act and



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1            coverage shall be reinstated upon the filing of
2            such reports if the person remains otherwise
3            eligible.
4        9. Persons with acquired immunodeficiency syndrome
5    (AIDS) or with AIDS-related conditions with respect to
6    whom there has been a determination that but for home or
7    community-based services such individuals would require
8    the level of care provided in an inpatient hospital,
9    skilled nursing facility or intermediate care facility the
10    cost of which is reimbursed under this Article. Assistance
11    shall be provided to such persons to the maximum extent
12    permitted under Title XIX of the Federal Social Security
13    Act.
14        10. Participants in the long-term care insurance
15    partnership program established under the Illinois
16    Long-Term Care Partnership Program Act who meet the
17    qualifications for protection of resources described in
18    Section 15 of that Act.
19        11. Persons with disabilities who are employed and
20    eligible for Medicaid, pursuant to Section
21    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
22    subject to federal approval, persons with a medically
23    improved disability who are employed and eligible for
24    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
25    the Social Security Act, as provided by the Illinois
26    Department by rule. In establishing eligibility standards



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1    under this paragraph 11, the Department shall, subject to
2    federal approval:
3            (a) set the income eligibility standard at not
4        lower than 350% of the federal poverty level;
5            (b) exempt retirement accounts that the person
6        cannot access without penalty before the age of 59
7        1/2, and medical savings accounts established pursuant
8        to 26 U.S.C. 220;
9            (c) allow non-exempt assets up to $25,000 as to
10        those assets accumulated during periods of eligibility
11        under this paragraph 11; and
12            (d) continue to apply subparagraphs (b) and (c) in
13        determining the eligibility of the person under this
14        Article even if the person loses eligibility under
15        this paragraph 11.
16        12. Subject to federal approval, persons who are
17    eligible for medical assistance coverage under applicable
18    provisions of the federal Social Security Act and the
19    federal Breast and Cervical Cancer Prevention and
20    Treatment Act of 2000. Those eligible persons are defined
21    to include, but not be limited to, the following persons:
22            (1) persons who have been screened for breast or
23        cervical cancer under the U.S. Centers for Disease
24        Control and Prevention Breast and Cervical Cancer
25        Program established under Title XV of the federal
26        Public Health Service Act in accordance with the



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1        requirements of Section 1504 of that Act as
2        administered by the Illinois Department of Public
3        Health; and
4            (2) persons whose screenings under the above
5        program were funded in whole or in part by funds
6        appropriated to the Illinois Department of Public
7        Health for breast or cervical cancer screening.
8        "Medical assistance" under this paragraph 12 shall be
9    identical to the benefits provided under the State's
10    approved plan under Title XIX of the Social Security Act.
11    The Department must request federal approval of the
12    coverage under this paragraph 12 within 30 days after July
13    3, 2001 (the effective date of Public Act 92-47).
14        In addition to the persons who are eligible for
15    medical assistance pursuant to subparagraphs (1) and (2)
16    of this paragraph 12, and to be paid from funds
17    appropriated to the Department for its medical programs,
18    any uninsured person as defined by the Department in rules
19    residing in Illinois who is younger than 65 years of age,
20    who has been screened for breast and cervical cancer in
21    accordance with standards and procedures adopted by the
22    Department of Public Health for screening, and who is
23    referred to the Department by the Department of Public
24    Health as being in need of treatment for breast or
25    cervical cancer is eligible for medical assistance
26    benefits that are consistent with the benefits provided to



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1    those persons described in subparagraphs (1) and (2).
2    Medical assistance coverage for the persons who are
3    eligible under the preceding sentence is not dependent on
4    federal approval, but federal moneys may be used to pay
5    for services provided under that coverage upon federal
6    approval.
7        13. Subject to appropriation and to federal approval,
8    persons living with HIV/AIDS who are not otherwise
9    eligible under this Article and who qualify for services
10    covered under Section 5-5.04 as provided by the Illinois
11    Department by rule.
12        14. Subject to the availability of funds for this
13    purpose, the Department may provide coverage under this
14    Article to persons who reside in Illinois who are not
15    eligible under any of the preceding paragraphs and who
16    meet the income guidelines of paragraph 2(a) of this
17    Section and (i) have an application for asylum pending
18    before the federal Department of Homeland Security or on
19    appeal before a court of competent jurisdiction and are
20    represented either by counsel or by an advocate accredited
21    by the federal Department of Homeland Security and
22    employed by a not-for-profit organization in regard to
23    that application or appeal, or (ii) are receiving services
24    through a federally funded torture treatment center.
25    Medical coverage under this paragraph 14 may be provided
26    for up to 24 continuous months from the initial



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1    eligibility date so long as an individual continues to
2    satisfy the criteria of this paragraph 14. If an
3    individual has an appeal pending regarding an application
4    for asylum before the Department of Homeland Security,
5    eligibility under this paragraph 14 may be extended until
6    a final decision is rendered on the appeal. The Department
7    may adopt rules governing the implementation of this
8    paragraph 14.
9        15. Family Care Eligibility.
10            (a) On and after July 1, 2012, a parent or other
11        caretaker relative who is 19 years of age or older when
12        countable income is at or below 133% of the federal
13        poverty level. A person may not spend down to become
14        eligible under this paragraph 15.
15            (b) Eligibility shall be reviewed annually.
16            (c) (Blank).
17            (d) (Blank).
18            (e) (Blank).
19            (f) (Blank).
20            (g) (Blank).
21            (h) (Blank).
22            (i) Following termination of an individual's
23        coverage under this paragraph 15, the individual must
24        be determined eligible before the person can be
25        re-enrolled.
26        16. Subject to appropriation, uninsured persons who



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1    are not otherwise eligible under this Section who have
2    been certified and referred by the Department of Public
3    Health as having been screened and found to need
4    diagnostic evaluation or treatment, or both diagnostic
5    evaluation and treatment, for prostate or testicular
6    cancer. For the purposes of this paragraph 16, uninsured
7    persons are those who do not have creditable coverage, as
8    defined under the Health Insurance Portability and
9    Accountability Act, or have otherwise exhausted any
10    insurance benefits they may have had, for prostate or
11    testicular cancer diagnostic evaluation or treatment, or
12    both diagnostic evaluation and treatment. To be eligible,
13    a person must furnish a Social Security number. A person's
14    assets are exempt from consideration in determining
15    eligibility under this paragraph 16. Such persons shall be
16    eligible for medical assistance under this paragraph 16
17    for so long as they need treatment for the cancer. A person
18    shall be considered to need treatment if, in the opinion
19    of the person's treating physician, the person requires
20    therapy directed toward cure or palliation of prostate or
21    testicular cancer, including recurrent metastatic cancer
22    that is a known or presumed complication of prostate or
23    testicular cancer and complications resulting from the
24    treatment modalities themselves. Persons who require only
25    routine monitoring services are not considered to need
26    treatment. "Medical assistance" under this paragraph 16



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1    shall be identical to the benefits provided under the
2    State's approved plan under Title XIX of the Social
3    Security Act. Notwithstanding any other provision of law,
4    the Department (i) does not have a claim against the
5    estate of a deceased recipient of services under this
6    paragraph 16 and (ii) does not have a lien against any
7    homestead property or other legal or equitable real
8    property interest owned by a recipient of services under
9    this paragraph 16.
10        17. Persons who, pursuant to a waiver approved by the
11    Secretary of the U.S. Department of Health and Human
12    Services, are eligible for medical assistance under Title
13    XIX or XXI of the federal Social Security Act.
14    Notwithstanding any other provision of this Code and
15    consistent with the terms of the approved waiver, the
16    Illinois Department, may by rule:
17            (a) Limit the geographic areas in which the waiver
18        program operates.
19            (b) Determine the scope, quantity, duration, and
20        quality, and the rate and method of reimbursement, of
21        the medical services to be provided, which may differ
22        from those for other classes of persons eligible for
23        assistance under this Article.
24            (c) Restrict the persons' freedom in choice of
25        providers.
26        18. Beginning January 1, 2014, persons aged 19 or



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1    older, but younger than 65, who are not otherwise eligible
2    for medical assistance under this Section 5-2, who qualify
3    for medical assistance pursuant to 42 U.S.C.
4    1396a(a)(10)(A)(i)(VIII) and applicable federal
5    regulations, and who have income at or below 133% of the
6    federal poverty level plus 5% for the applicable family
7    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
8    applicable federal regulations. Persons eligible for
9    medical assistance under this paragraph 18 shall receive
10    coverage for the Health Benefits Service Package as that
11    term is defined in subsection (m) of Section 5-1.1 of this
12    Code. If Illinois' federal medical assistance percentage
13    (FMAP) is reduced below 90% for persons eligible for
14    medical assistance under this paragraph 18, eligibility
15    under this paragraph 18 shall cease no later than the end
16    of the third month following the month in which the
17    reduction in FMAP takes effect.
18        19. Beginning January 1, 2014, as required under 42
19    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
20    and younger than age 26 who are not otherwise eligible for
21    medical assistance under paragraphs (1) through (17) of
22    this Section who (i) were in foster care under the
23    responsibility of the State on the date of attaining age
24    18 or on the date of attaining age 22 21 when a court has
25    continued wardship for good cause as provided in Section
26    2-31 of the Juvenile Court Act of 1987 and (ii) received



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1    medical assistance under the Illinois Title XIX State Plan
2    or waiver of such plan while in foster care.
3        20. Beginning January 1, 2018, persons who are
4    foreign-born victims of human trafficking, torture, or
5    other serious crimes as defined in Section 2-19 of this
6    Code and their derivative family members if such persons:
7    (i) reside in Illinois; (ii) are not eligible under any of
8    the preceding paragraphs; (iii) meet the income guidelines
9    of subparagraph (a) of paragraph 2; and (iv) meet the
10    nonfinancial eligibility requirements of Sections 16-2,
11    16-3, and 16-5 of this Code. The Department may extend
12    medical assistance for persons who are foreign-born
13    victims of human trafficking, torture, or other serious
14    crimes whose medical assistance would be terminated
15    pursuant to subsection (b) of Section 16-5 if the
16    Department determines that the person, during the year of
17    initial eligibility (1) experienced a health crisis, (2)
18    has been unable, after reasonable attempts, to obtain
19    necessary information from a third party, or (3) has other
20    extenuating circumstances that prevented the person from
21    completing his or her application for status. The
22    Department may adopt any rules necessary to implement the
23    provisions of this paragraph.
24        21. Persons who are not otherwise eligible for medical
25    assistance under this Section who may qualify for medical
26    assistance pursuant to 42 U.S.C.



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1    1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
2    duration of any federal or State declared emergency due to
3    COVID-19. Medical assistance to persons eligible for
4    medical assistance solely pursuant to this paragraph 21
5    shall be limited to any in vitro diagnostic product (and
6    the administration of such product) described in 42 U.S.C.
7    1396d(a)(3)(B) on or after March 18, 2020, any visit
8    described in 42 U.S.C. 1396o(a)(2)(G), or any other
9    medical assistance that may be federally authorized for
10    this class of persons. The Department may also cover
11    treatment of COVID-19 for this class of persons, or any
12    similar category of uninsured individuals, to the extent
13    authorized under a federally approved 1115 Waiver or other
14    federal authority. Notwithstanding the provisions of
15    Section 1-11 of this Code, due to the nature of the
16    COVID-19 public health emergency, the Department may cover
17    and provide the medical assistance described in this
18    paragraph 21 to noncitizens who would otherwise meet the
19    eligibility requirements for the class of persons
20    described in this paragraph 21 for the duration of the
21    State emergency period.
22    In implementing the provisions of Public Act 96-20, the
23Department is authorized to adopt only those rules necessary,
24including emergency rules. Nothing in Public Act 96-20 permits
25the Department to adopt rules or issue a decision that expands
26eligibility for the FamilyCare Program to a person whose



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1income exceeds 185% of the Federal Poverty Level as determined
2from time to time by the U.S. Department of Health and Human
3Services, unless the Department is provided with express
4statutory authority.
5    The eligibility of any such person for medical assistance
6under this Article is not affected by the payment of any grant
7under the Senior Citizens and Persons with Disabilities
8Property Tax Relief Act or any distributions or items of
9income described under subparagraph (X) of paragraph (2) of
10subsection (a) of Section 203 of the Illinois Income Tax Act.
11    The Department shall by rule establish the amounts of
12assets to be disregarded in determining eligibility for
13medical assistance, which shall at a minimum equal the amounts
14to be disregarded under the Federal Supplemental Security
15Income Program. The amount of assets of a single person to be
16disregarded shall not be less than $2,000, and the amount of
17assets of a married couple to be disregarded shall not be less
18than $3,000.
19    To the extent permitted under federal law, any person
20found guilty of a second violation of Article VIIIA shall be
21ineligible for medical assistance under this Article, as
22provided in Section 8A-8.
23    The eligibility of any person for medical assistance under
24this Article shall not be affected by the receipt by the person
25of donations or benefits from fundraisers held for the person
26in cases of serious illness, as long as neither the person nor



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1members of the person's family have actual control over the
2donations or benefits or the disbursement of the donations or
4    Notwithstanding any other provision of this Code, if the
5United States Supreme Court holds Title II, Subtitle A,
6Section 2001(a) of Public Law 111-148 to be unconstitutional,
7or if a holding of Public Law 111-148 makes Medicaid
8eligibility allowed under Section 2001(a) inoperable, the
9State or a unit of local government shall be prohibited from
10enrolling individuals in the Medical Assistance Program as the
11result of federal approval of a State Medicaid waiver on or
12after June 14, 2012 (the effective date of Public Act 97-687),
13and any individuals enrolled in the Medical Assistance Program
14pursuant to eligibility permitted as a result of such a State
15Medicaid waiver shall become immediately ineligible.
16    Notwithstanding any other provision of this Code, if an
17Act of Congress that becomes a Public Law eliminates Section
182001(a) of Public Law 111-148, the State or a unit of local
19government shall be prohibited from enrolling individuals in
20the Medical Assistance Program as the result of federal
21approval of a State Medicaid waiver on or after June 14, 2012
22(the effective date of Public Act 97-687), and any individuals
23enrolled in the Medical Assistance Program pursuant to
24eligibility permitted as a result of such a State Medicaid
25waiver shall become immediately ineligible.
26    Effective October 1, 2013, the determination of



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1eligibility of persons who qualify under paragraphs 5, 6, 8,
215, 17, and 18 of this Section shall comply with the
3requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
5    The Department of Healthcare and Family Services, the
6Department of Human Services, and the Illinois health
7insurance marketplace shall work cooperatively to assist
8persons who would otherwise lose health benefits as a result
9of changes made under Public Act 98-104 to transition to other
10health insurance coverage.
11(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
12102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
1310-8-21; 102-813, eff. 5-13-22.)
14    Section 15. The Juvenile Court Act of 1987 is amended by
15changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
16    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
17    Sec. 2-23. Kinds of dispositional orders.
18    (1) The following kinds of orders of disposition may be
19made in respect of wards of the court:
20        (a) A minor found to be neglected or abused under
21    Section 2-3 or dependent under Section 2-4 may be (1)
22    continued in the custody of the minor's parents, guardian
23    or legal custodian; (2) placed in accordance with Section
24    2-27; (3) restored to the custody of the parent, parents,



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1    guardian, or legal custodian, provided the court shall
2    order the parent, parents, guardian, or legal custodian to
3    cooperate with the Department of Children and Family
4    Services and comply with the terms of an after-care plan
5    or risk the loss of custody of the child and the possible
6    termination of their parental rights; or (4) ordered
7    partially or completely emancipated in accordance with the
8    provisions of the Emancipation of Minors Act.
9        If the minor is being restored to the custody of a
10    parent, legal custodian, or guardian who lives outside of
11    Illinois, and an Interstate Compact has been requested and
12    refused, the court may order the Department of Children
13    and Family Services to arrange for an assessment of the
14    minor's proposed living arrangement and for ongoing
15    monitoring of the health, safety, and best interest of the
16    minor and compliance with any order of protective
17    supervision entered in accordance with Section 2-24.
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
22    omissions or both have been identified, pursuant to
23    subsection (1) of Section 2-21, as forming the basis for
24    the court's finding of abuse or neglect, until such time
25    as a hearing is held on the issue of the best interests of
26    the minor and the fitness of such parent, guardian or



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1    legal custodian to care for the minor without endangering
2    the minor's health or safety, and the court enters an
3    order that such parent, guardian or legal custodian is fit
4    to care for the minor.
5        (b) A minor found to be dependent under Section 2-4
6    may be (1) placed in accordance with Section 2-27 or (2)
7    ordered partially or completely emancipated in accordance
8    with the provisions of the Emancipation of Minors Act.
9        However, in any case in which a minor is found by the
10    court to be dependent under Section 2-4 of this Act,
11    custody of the minor shall not be restored to any parent,
12    guardian or legal custodian whose acts or omissions or
13    both have been identified, pursuant to subsection (1) of
14    Section 2-21, as forming the basis for the court's finding
15    of dependency, until such time as a hearing is held on the
16    issue of the fitness of such parent, guardian or legal
17    custodian to care for the minor without endangering the
18    minor's health or safety, and the court enters an order
19    that such parent, guardian or legal custodian is fit to
20    care for the minor.
21        (b-1) A minor between the ages of 18 and 23 21 may be
22    placed pursuant to Section 2-27 of this Act if (1) the
23    court has granted a supplemental petition to reinstate
24    wardship of the minor pursuant to subsection (2) of
25    Section 2-33, (2) the court has adjudicated the minor a
26    ward of the court, permitted the minor to return home



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1    under an order of protection, and subsequently made a
2    finding that it is in the minor's best interest to vacate
3    the order of protection and commit the minor to the
4    Department of Children and Family Services for care and
5    service, or (3) the court returned the minor to the
6    custody of the respondent under Section 2-4b of this Act
7    without terminating the proceedings under Section 2-31 of
8    this Act, and subsequently made a finding that it is in the
9    minor's best interest to commit the minor to the
10    Department of Children and Family Services for care and
11    services.
12        (c) When the court awards guardianship to the
13    Department of Children and Family Services, the court
14    shall order the parents to cooperate with the Department
15    of Children and Family Services, comply with the terms of
16    the service plans, and correct the conditions that require
17    the child to be in care, or risk termination of their
18    parental rights.
19    (2) Any order of disposition may provide for protective
20supervision under Section 2-24 and may include an order of
21protection under Section 2-25.
22    Unless the order of disposition expressly so provides, it
23does not operate to close proceedings on the pending petition,
24but is subject to modification, not inconsistent with Section
252-28, until final closing and discharge of the proceedings
26under Section 2-31.



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1    (3) The court also shall enter any other orders necessary
2to fulfill the service plan, including, but not limited to,
3(i) orders requiring parties to cooperate with services, (ii)
4restraining orders controlling the conduct of any party likely
5to frustrate the achievement of the goal, and (iii) visiting
6orders. When the child is placed separately from a sibling,
7the court shall review the Sibling Contact Support Plan
8developed under subsection (f) of Section 7.4 of the Children
9and Family Services Act, if applicable. If the Department has
10not convened a meeting to develop a Sibling Contact Support
11Plan, or if the court finds that the existing Plan is not in
12the child's best interest, the court may enter an order
13requiring the Department to develop and implement a Sibling
14Contact Support Plan under subsection (f) of Section 7.4 of
15the Children and Family Services Act or order mediation.
16Unless otherwise specifically authorized by law, the court is
17not empowered under this subsection (3) to order specific
18placements, specific services, or specific service providers
19to be included in the plan. If, after receiving evidence, the
20court determines that the services contained in the plan are
21not reasonably calculated to facilitate achievement of the
22permanency goal, the court shall put in writing the factual
23basis supporting the determination and enter specific findings
24based on the evidence. The court also shall enter an order for
25the Department to develop and implement a new service plan or
26to implement changes to the current service plan consistent



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1with the court's findings. The new service plan shall be filed
2with the court and served on all parties within 45 days after
3the date of the order. The court shall continue the matter
4until the new service plan is filed. Except as authorized by
5subsection (3.5) of this Section or authorized by law, the
6court is not empowered under this Section to order specific
7placements, specific services, or specific service providers
8to be included in the service plan.
9    (3.5) If, after reviewing the evidence, including evidence
10from the Department, the court determines that the minor's
11current or planned placement is not necessary or appropriate
12to facilitate achievement of the permanency goal, the court
13shall put in writing the factual basis supporting its
14determination and enter specific findings based on the
15evidence. If the court finds that the minor's current or
16planned placement is not necessary or appropriate, the court
17may enter an order directing the Department to implement a
18recommendation by the minor's treating clinician or a
19clinician contracted by the Department to evaluate the minor
20or a recommendation made by the Department. If the Department
21places a minor in a placement under an order entered under this
22subsection (3.5), the Department has the authority to remove
23the minor from that placement when a change in circumstances
24necessitates the removal to protect the minor's health,
25safety, and best interest. If the Department determines
26removal is necessary, the Department shall notify the parties



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1of the planned placement change in writing no later than 10
2days prior to the implementation of its determination unless
3remaining in the placement poses an imminent risk of harm to
4the minor, in which case the Department shall notify the
5parties of the placement change in writing immediately
6following the implementation of its decision. The Department
7shall notify others of the decision to change the minor's
8placement as required by Department rule.
9    (4) In addition to any other order of disposition, the
10court may order any minor adjudicated neglected with respect
11to the minor's own injurious behavior to make restitution, in
12monetary or non-monetary form, under the terms and conditions
13of Section 5-5-6 of the Unified Code of Corrections, except
14that the "presentence hearing" referred to therein shall be
15the dispositional hearing for purposes of this Section. The
16parent, guardian or legal custodian of the minor may pay some
17or all of such restitution on the minor's behalf.
18    (5) Any order for disposition where the minor is committed
19or placed in accordance with Section 2-27 shall provide for
20the parents or guardian of the estate of such minor to pay to
21the legal custodian or guardian of the person of the minor such
22sums as are determined by the custodian or guardian of the
23person of the minor as necessary for the minor's needs. Such
24payments may not exceed the maximum amounts provided for by
25Section 9.1 of the Children and Family Services Act.
26    (6) Whenever the order of disposition requires the minor



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1to attend school or participate in a program of training, the
2truant officer or designated school official shall regularly
3report to the court if the minor is a chronic or habitual
4truant under Section 26-2a of the School Code.
5    (7) The court may terminate the parental rights of a
6parent at the initial dispositional hearing if all of the
7conditions in subsection (5) of Section 2-21 are met.
8(Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
9    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
10    Sec. 2-31. Duration of wardship and discharge of
12    (1) All proceedings under Article II of this Act in
13respect of any minor automatically terminate upon the minor
14attaining the age of 23 21 years.
15    (2) Whenever the court determines, and makes written
16factual findings, that health, safety, and the best interests
17of the minor and the public no longer require the wardship of
18the court, the court shall order the wardship terminated and
19all proceedings under this Act respecting that minor finally
20closed and discharged. The court may at the same time continue
21or terminate any custodianship or guardianship theretofore
22ordered but the termination must be made in compliance with
23Section 2-28. When terminating wardship under this Section, if
24the minor is over 18 or if wardship is terminated in
25conjunction with an order partially or completely emancipating



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1the minor in accordance with the Emancipation of Minors Act,
2the court shall also consider the following factors, in
3addition to the health, safety, and best interest of the minor
4and the public: (A) the minor's wishes regarding case closure;
5(B) the manner in which the minor will maintain independence
6without services from the Department; (C) the minor's
7engagement in services including placement offered by the
8Department; (D) if the minor is not engaged, the Department's
9efforts to engage the minor; (E) the nature of communication
10between the minor and the Department; (F) the minor's
11involvement in other State systems or services; (G) the
12minor's connections with family and other community support;
13and (H) any other factor the court deems relevant. The minor's
14lack of cooperation with services provided by the Department
15of Children and Family Services shall not by itself be
16considered sufficient evidence that the minor is prepared to
17live independently and that it is in the best interest of the
18minor to terminate wardship. It shall not be in the minor's
19best interest to terminate wardship of a minor over the age of
2018 who is in the guardianship of the Department of Children and
21Family Services if the Department has not made reasonable
22efforts to ensure that the minor has documents necessary for
23adult living as provided in Section 35.10 of the Children and
24Family Services Act.
25    (3) The wardship of the minor and any custodianship or
26guardianship respecting the minor for whom a petition was



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1filed after July 24, 1991 (the effective date of Public Act
287-14) automatically terminates when the minor attains the age
3of 19 years, except as set forth in subsection (1) of this
4Section. The clerk of the court shall at that time record all
5proceedings under this Act as finally closed and discharged
6for that reason. The provisions of this subsection (3) become
7inoperative on and after July 12, 2019 (the effective date of
8Public Act 101-78).
9    (4) Notwithstanding any provision of law to the contrary,
10the changes made by Public Act 101-78 apply to all cases that
11are pending on or after July 12, 2019 (the effective date of
12Public Act 101-78).
13(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
14    (705 ILCS 405/2-33)
15    Sec. 2-33. Supplemental petition to reinstate wardship.
16    (1) Any time prior to a minor's 18th birthday, pursuant to
17a supplemental petition filed under this Section, the court
18may reinstate wardship and open a previously closed case when:
19        (a) wardship and guardianship under the Juvenile Court
20    Act of 1987 was vacated in conjunction with the
21    appointment of a private guardian under the Probate Act of
22    1975;
23        (b) the minor is not presently a ward of the court
24    under Article II of this Act nor is there a petition for
25    adjudication of wardship pending on behalf of the minor;



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1    and
2        (c) it is in the minor's best interest that wardship
3    be reinstated.
4    (2) Any time prior to a minor's 23rd 21st birthday,
5pursuant to a supplemental petition filed under this Section,
6the court may reinstate wardship and open a previously closed
7case when:
8        (a) wardship and guardianship under this Act was
9    vacated pursuant to:
10            (i) an order entered under subsection (2) of
11        Section 2-31 in the case of a minor over the age of 18;
12            (ii) closure of a case under subsection (2) of
13        Section 2-31 in the case of a minor under the age of 18
14        who has been partially or completely emancipated in
15        accordance with the Emancipation of Minors Act; or
16            (iii) an order entered under subsection (3) of
17        Section 2-31 based on the minor's attaining the age of
18        19 years before the effective date of this amendatory
19        Act of the 101st General Assembly;
20        (b) the minor is not presently a ward of the court
21    under Article II of this Act nor is there a petition for
22    adjudication of wardship pending on behalf of the minor;
23    and
24        (c) it is in the minor's best interest that wardship
25    be reinstated.
26    (3) The supplemental petition must be filed in the same



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1proceeding in which the original adjudication order was
2entered. Unless excused by court for good cause shown, the
3petitioner shall give notice of the time and place of the
4hearing on the supplemental petition, in person or by mail, to
5the minor, if the minor is 14 years of age or older, and to the
6parties to the juvenile court proceeding. Notice shall be
7provided at least 3 court days in advance of the hearing date.
8    (3.5) Whenever a petition is filed to reinstate wardship
9pursuant to subsection (1), prior to granting the petition,
10the court may order the Department of Children and Family
11Services to assess the minor's current and proposed living
12arrangements and to provide ongoing monitoring of the health,
13safety, and best interest of the minor during the pendency of
14the petition to assist the court in making that determination.
15    (4) A minor who is the subject of a petition to reinstate
16wardship under this Section shall be provided with
17representation in accordance with Sections 1-5 and 2-17 of
18this Act.
19    (5) Whenever a minor is committed to the Department of
20Children and Family Services for care and services following
21the reinstatement of wardship under this Section, the
22Department shall:
23        (a) Within 30 days of such commitment, prepare and
24    file with the court a case plan which complies with the
25    federal Adoption Assistance and Child Welfare Act of 1980
26    and is consistent with the health, safety and best



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1    interests of the minor; and
2        (b) Promptly refer the minor for such services as are
3    necessary and consistent with the minor's health, safety
4    and best interests.
5(Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
6    (705 ILCS 405/2-34)
7    Sec. 2-34. Motion to reinstate parental rights.
8    (1) For purposes of this subsection (1), the term "parent"
9refers to the person or persons whose rights were terminated
10as described in paragraph (a) of this subsection; and the term
11"minor" means a person under the age of 23 21 years subject to
12this Act for whom the Department of Children and Family
13Services Guardianship Administrator is appointed the temporary
14custodian or guardian.
15    A motion to reinstate parental rights may be filed only by
16the Department of Children and Family Services or the minor
17regarding any minor who is presently a ward of the court under
18Article II of this Act when all the conditions set out in
19paragraphs (a), (b), (c), (d), (e), (f), and (g) of this
20subsection (1) are met:
21        (a) while the minor was under the jurisdiction of the
22    court under Article II of this Act, the minor's parent or
23    parents surrendered the minor for adoption to an agency
24    legally authorized to place children for adoption, or the
25    minor's parent or parents consented to the minor's



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1    adoption, or the minor's parent or parents consented to
2    the minor's adoption by a specified person or persons, or
3    the parent or parents' rights were terminated pursuant to
4    a finding of unfitness pursuant to Section 2-29 of this
5    Act and a guardian was appointed with the power to consent
6    to adoption pursuant to Section 2-29 of this Act; and
7        (b) (i) since the signing of the surrender, the
8    signing of the consent, or the unfitness finding, the
9    minor has remained a ward of the Court under Article II of
10    this Act; or
11        (ii) the minor was made a ward of the Court, the minor
12    was placed in the private guardianship of an individual or
13    individuals, and after the appointment of a private
14    guardian and a new petition alleging abuse, neglect, or
15    dependency pursuant to Section 2-3 or 2-4 is filed, and
16    the minor is again found by the court to be abused,
17    neglected or dependent; or a supplemental petition to
18    reinstate wardship is filed pursuant to Section 2-33, and
19    the court reinstates wardship; or
20        (iii) the minor was made a ward of the Court, wardship
21    was terminated after the minor was adopted, after the
22    adoption a new petition alleging abuse, neglect, or
23    dependency pursuant to Section 2-3 or 2-4 is filed, and
24    the minor is again found by the court to be abused,
25    neglected, or dependent, and either (i) the adoptive
26    parent or parents are deceased, (ii) the adoptive parent



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1    or parents signed a surrender of parental rights, or (iii)
2    the parental rights of the adoptive parent or parents were
3    terminated;
4        (c) the minor is not currently in a placement likely
5    to achieve permanency;
6        (d) it is in the minor's best interest that parental
7    rights be reinstated;
8        (e) the parent named in the motion wishes parental
9    rights to be reinstated and is currently appropriate to
10    have rights reinstated;
11        (f) more than 3 years have lapsed since the signing of
12    the consent or surrender, or the entry of the order
13    appointing a guardian with the power to consent to
14    adoption;
15        (g) (i) the child is 13 years of age or older or (ii)
16    the child is the younger sibling of such child, 13 years of
17    age or older, for whom reinstatement of parental rights is
18    being sought and the younger sibling independently meets
19    the criteria set forth in paragraphs (a) through (h) of
20    this subsection; and
21        (h) if the court has previously denied a motion to
22    reinstate parental rights filed by the Department, there
23    has been a substantial change in circumstances following
24    the denial of the earlier motion.
25    (2) The motion may be filed only by the Department of
26Children and Family Services or by the minor. Unless excused



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1by the court for good cause shown, the movant shall give notice
2of the time and place of the hearing on the motion, in person
3or by mail, to the parties to the juvenile court proceeding.
4Notice shall be provided at least 14 days in advance of the
5hearing date. The motion shall include the allegations
6required in subsection (1) of this Section.
7    (3) Any party may file a motion to dismiss the motion with
8prejudice on the basis that the parent has intentionally acted
9to prevent the child from being adopted, after parental rights
10were terminated or the parent intentionally acted to disrupt
11the child's adoption. If the court finds by a preponderance of
12the evidence that the parent has intentionally acted to
13prevent the child from being adopted, after parental rights
14were terminated or that the parent intentionally acted to
15disrupt the child's adoption, the court shall dismiss the
16petition with prejudice.
17    (4) The court shall not grant a motion for reinstatement
18of parental rights unless the court finds that the motion is
19supported by clear and convincing evidence. In ruling on a
20motion to reinstate parental rights, the court shall make
21findings consistent with the requirements in subsection (1) of
22this Section. The court shall consider the reasons why the
23child was initially brought to the attention of the court, the
24history of the child's case as it relates to the parent seeking
25reinstatement, and the current circumstances of the parent for
26whom reinstatement of rights is sought. If reinstatement is



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1being considered subsequent to a finding of unfitness pursuant
2to Section 2-29 of this Act having been entered with respect to
3the parent whose rights are being restored, the court in
4determining the minor's best interest shall consider, in
5addition to the factors set forth in paragraph (4.05) of
6Section 1-3 of this Act, the specific grounds upon which the
7unfitness findings were made. Upon the entry of an order
8granting a motion to reinstate parental rights, parental
9rights of the parent named in the order shall be reinstated,
10any previous order appointing a guardian with the power to
11consent to adoption shall be void and with respect to the
12parent named in the order, any consent shall be void.
13    (5) If the case is post-disposition, the court, upon the
14entry of an order granting a motion to reinstate parental
15rights, shall schedule the matter for a permanency hearing
16pursuant to Section 2-28 of this Act within 45 days.
17    (6) Custody of the minor shall not be restored to the
18parent, except by order of court pursuant to subsection (4) of
19Section 2-28 of this Act.
20    (7) In any case involving a child over the age of 13 who
21meets the criteria established in this Section for
22reinstatement of parental rights, the Department of Children
23and Family Services shall conduct an assessment of the child's
24circumstances to assist in future planning for the child,
25including, but not limited to a determination regarding the
26appropriateness of filing a motion to reinstate parental



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2    (8) (Blank).
3(Source: P.A. 103-22, eff. 8-8-23.)