20 ILCS 1705/7.1

(20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)

    Sec. 7.1. Individual Care Grants.
    (a) For the purposes of this Section 7.1, "Department" means the Department of Healthcare and Family Services.

(b) To assist families in seeking intensive community-based services or residential placement for children with mental illness, for whom
no appropriate care is available in State-operated facilities, the Department shall supplement the amount a family is able to pay,
as determined by the Department and the amount available from other sources,
provided the Department's share shall not exceed a uniform maximum rate to be
determined from time to time by the Department. The Department may exercise the authority under this Section as is necessary to implement the provisions of Section 5-5.23 of the Illinois Public Aid Code and to administer Individual Care Grants. The Department shall work collaboratively with stakeholders and family representatives in the implementation of this Section.

(c)  A child shall continue to be eligible for an Individual Care Grant if (1): the child is placed in the temporary custody of the  Department of Children and Family Services under Article II of the Juvenile Care Act of 1987 because the child was left at a psychiatric hospital beyond medical necessity and an application for the Family Support Program was pending with the Department or an active application was being reviewed by the Department when the petition under the Juvenile Court Act of 1987 was filed; or (2) the child is placed in the guardianship of the Department of Children and Family Services under Article V of the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department or an active application was being reviewed by the Department when the guardianship order was entered.

(d) If the Department determines that the child meets all the eligibility criteria for Family Support Services and approves the application, the Department shall notify the parents and the Department of Children and Family Services. The court hearing the child's case under the Juvenile Court Act of 1987 shall conduct a hearing within 14 days after all parties have been notified and determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the child to the custody of his or her parents with Family Support Services in place or whether the child shall continue in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program. The court shall conduct the hearing under Section 2-4b or Section 5-711 of the Juvenile Court Act of 1987.
If the court vacates the custody or guardianship of the Department of Children and Family Services and returns the child to the custody of the parent, guardian, or other adult respondent with Family Support Services, the Department shall become fiscally responsible for providing services to the child. If the court determines that the child shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the child, the Family Support Services shall be declined, and the child shall no longer be eligible for Family Support Services as long as the child remains in the custody or guardianship of the Department of Children and Family Services.

(e) The Department shall provide an expedited review process for applications for minors in the custody or guardianship of the Department of Children and Family Services who continue to remain eligible for Individual Care Grants. The Department shall work collaboratively with stakeholders, including legal representatives of minors in care, providers of residential treatment services, and with the Department of Children and Family Services, to ensure that minors who are recipients of Individual Care Grants under this Section and Sections 2-4b and 5-711 of the Juvenile Court Act of 1987 do not experience a disruption in services if the minor transitions from one program to another. The Department shall adopt rules to implement this Section no later than July 1, 2019.

(Source: P.A. 100-978, eff. 8-19-18; 101-78, eff. 7-12-19.)