705 ILCS 405/2-4b

(705 ILCS 405/2-4b)

Sec. 2-4b. Publicly funded community and residential services; hearing.

(a) The purpose of this Section is to ensure that minors who come to the attention of the court because they need treatment for complex behavioral and mental health needs are removed from the custody of their parents only as a last resort unless abuse or neglect is alleged, based upon facts other than the minor was left at a psychiatric hospital beyond medical necessity. If the respondent was in the process of attempting to obtain publicly funded services before the minor comes to the court's attention and those services become available, this Section will allow the court (i) to determine whether the parent is able to address all of the minor's needs without the minor being placed in or continuing in the custody or guardianship of the Department and (ii) to consider whether the minor should be returned to the respondent with such services in place, consistent with the minor's best interest.

Any minor who is placed in the custody or guardianship of the Department of Children and Family Services under Article II of this Act on the basis of a petition alleging that the minor is neglected or dependent because the minor was left at a psychiatric hospital beyond medical necessity, and for whom an eligibility determination for publicly funded community or residential services is pending or under active review at the time the petition was filed, shall be able to continue with the eligibility determination process for such publicly funded community or residential services.

(b) If the minor is determined eligible for publicly funded community or residential services and the necessary publicly funded community or residential services are available for the minor, the court shall conduct a hearing within 14 days upon notification to all parties:

(1) For minors in the temporary custody of the Department, the court shall determine whether urgent and immediate necessity exists pursuant to paragraph (9) of Section 2-10 to continue the minor in the custody of the Department and whether the Department's custody of the minor should be vacated.

(2) For minors in the guardianship of the Department, the court shall determine whether the respondent is fit, willing, and able to care for the minor and whether it is in the minor's best interest to return to the custody of the respondent.

In making its determination pursuant to paragraphs (1) and (2), the court shall consider the minor's best interest, the availability of publicly funded community or residential services for the minor, the involvement of the respondent in proceedings under this Act, the involvement of the respondent in the minor's treatment, the relationship between the minor and the respondent, whether placement of the minor in the custody of the Department is the least restrictive means to support the minor and the minor's relationship with the respondent, and any other factor the court deems relevant.

(b-1) If the court vacates the Department's temporary custody of the minor pursuant to paragraph (1) of subsection (b) and Section 2-10, or vacates the Department's guardianship of the minor pursuant paragraph (2) of subsection (b) or Section 2-23 and returns the minor to the custody and guardianship of the respondent with publicly funded community or residential services, the State agency affiliated with the services shall become fiscally responsible for providing services to the minor. If the court determines that the minor 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 minor.

(c) This Section does not apply to:

(1) a minor for whom the court has not yet completed an adjudicatory hearing and for whom a petition has been filed under this Act alleging that the minor is a neglected minor, other than a minor left at a psychiatric hospital beyond medical necessity, or an abused minor;

(2) a minor who the court has adjudicated under this Act as either (i) a neglected minor, unless the primary basis for the finding is that the respondent left the minor at a psychiatric hospital beyond medical necessity, or (ii) an abused minor under this Act; or

(3) a minor who is in the temporary custody of the Department of Children and Family Services and the minor has been the subject of an indicated allegation of abuse or neglect, other than for psychiatric lockout, where a respondent was the perpetrator within 5 years of the filing of the pending petition.

(Source: P.A. 103-22, eff. 8-8-23; 104-351, eff. 1-1-26.)