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Public Act 103-0546 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Interagency Children's Behavioral Health Services Act. | ||||
Section 5. Children's Behavioral Health Transformation | ||||
Initiative. This Act establishes a Children's Behavioral | ||||
Health Transformation Officer. The Officer shall lead the | ||||
State's comprehensive, interagency effort to ensure that youth | ||||
with significant and complex behavioral health needs receive | ||||
appropriate community and residential services and that the | ||||
State-supported system is transparent and easier for youth and | ||||
their families to navigate. The Officer shall serve as a | ||||
policymaker and spokesperson on children's behavioral health, | ||||
including coordinating the interagency effort through | ||||
legislation, rules, and budgets and communicating with the | ||||
General Assembly and federal and local leaders on these | ||||
critical issues. | ||||
An Interagency Children's Behavioral Health Services Team | ||||
is established to find appropriate services, residential | ||||
treatment, and support for children identified by each | ||||
participating agency as requiring enhanced agency | ||||
collaboration to identify and obtain treatment in a |
residential setting. Responsibilities of each participating | ||
agency shall be outlined in an interagency agreement between | ||
all the relevant State agencies. | ||
Section 10. Interagency agreement. In order to establish | ||
the Interagency Children's Behavioral Health Services Team, | ||
within 90 days after the effective date of this Act, the | ||
Department of Children of Family Services, the Department of | ||
Human Services, the Department of Healthcare and Family | ||
Services, the Illinois State Board of Education, the | ||
Department of Juvenile Justice, and the Department of Public | ||
Health shall enter into an interagency agreement for the | ||
purpose of establishing the roles and responsibilities of each | ||
participating agency. | ||
The interagency agreement, among other things, shall | ||
address all of the following: | ||
(1) Require each participating agency to assign staff | ||
to the Interagency Children's Behavioral Health Services | ||
Team who have operational knowledge of and decision-making | ||
authority over the agency's children's behavioral health | ||
programs and services. | ||
(2) Set criteria to identify children whose cases will | ||
be presented to the Interagency Children's Behavioral | ||
Health Services Team for prioritized review. Criteria | ||
shall include, but not be limited to: | ||
(A) the length of time the child has been |
clinically approved for residential services through | ||
existing funding streams but has not been admitted to | ||
an appropriate program; | ||
(B) the length of time the child has been in a | ||
hospital emergency department or medical unit seeking | ||
inpatient treatment for psychiatric or behavioral | ||
health emergency; | ||
(C) the length of time the child has been in a | ||
psychiatric or general acute care hospital for | ||
inpatient psychiatric treatment beyond medical | ||
necessity; | ||
(D) the risk of being taken into the custody of the | ||
Department of Children and Family Services in the | ||
absence of abuse or neglect as defined by the Abused | ||
and Neglected Child Reporting Act or the Juvenile | ||
Court Act of 1987 for the sole purpose of obtaining | ||
behavioral health services or residential treatment; | ||
(E) other circumstances that require enhanced | ||
interagency collaboration to find appropriate services | ||
for the child. | ||
(3) Require each agency, or its designee, to present | ||
each identified child's clinical case, to the extent | ||
permitted by State and federal law, to the Interagency | ||
Children's Behavioral Health Services Team during regular | ||
team meetings to outline the child's needs and to | ||
determine if any of the participating agencies have |
residential or other supportive services that may be | ||
available for the child to ensure that the child receives | ||
appropriate treatment, including residential treatment if | ||
necessary, as soon as possible. | ||
(4) Require the Community and Residential Services | ||
Authority to notify the Interagency Children's Behavioral | ||
Health Services Team of any child that has been referred | ||
for services who meet the criteria set forth in paragraph | ||
(2) and to present the clinical cases for the child to the | ||
interagency team to determine if any agency program can | ||
assist the child. | ||
(5) Require the participating agencies to develop a | ||
quarterly analysis, to be submitted to the General | ||
Assembly, the Governor's Office, and the Community and | ||
Residential Services Authority including the following | ||
information, to the extent permitted by State and federal | ||
law: | ||
(A) the number of children presented to the team; | ||
(B) the children's clinical presentations that | ||
required enhanced agency collaboration; | ||
(C) the types of services including residential | ||
treatment that were needed to appropriately support | ||
the aggregate needs of children presented; | ||
(D) the timeframe it took to find placement or | ||
appropriate services; and | ||
(E) any other data or information the Interagency |
Children's Behavioral Health Services Team deems | ||
appropriate. | ||
All information collected, shared, or stored pursuant to | ||
this Section shall be handled in accordance with all State and | ||
federal privacy laws and accompanying regulations and rules, | ||
including without limitation the federal Health Insurance | ||
Portability and Accountability Act of 1996 (Public Law | ||
104-191) and the Mental Health and Developmental Disabilities | ||
Confidentiality Act. | ||
Nothing in this Section shall be construed or applied in a | ||
manner that would conflict with, diminish, or infringe upon, | ||
any State agency's obligation to comply fully with | ||
requirements imposed under a court order or State or federal | ||
consent decree applicable to that agency. | ||
Section 15. The Children and Family Services Act is | ||
amended by changing Sections 5 and 17 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of | ||
Children and Family
Services. To provide direct child welfare | ||
services when not available
through other public or private | ||
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State | ||
who are under the
age of 18 years. The term also includes |
persons under age 21 who:
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(A) were committed to the Department pursuant to | ||
the
Juvenile Court Act or the Juvenile Court Act of | ||
1987 and who continue under the jurisdiction of the | ||
court; or
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(B) were accepted for care, service and training | ||
by
the Department prior to the age of 18 and whose best | ||
interest in the
discretion of the Department would be | ||
served by continuing that care,
service and training | ||
because of severe emotional disturbances, physical
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disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
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(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
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(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, | ||
dependent, or neglected children;
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(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation, or
delinquency of children;
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(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
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where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
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(D) restoring to their families children who have | ||
been
removed, by the provision of services to the | ||
child and the families when the
child can be cared for | ||
at home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible, or
appropriate;
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(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
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concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so | ||
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
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(G) (blank);
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(H) (blank); and
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(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
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(iii) who are female children who are | ||
pregnant, pregnant and
parenting, or parenting, or
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(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
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years of age and older and for children under 18 | ||
years of age.
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(b) (Blank).
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(b-5) The Department shall adopt rules to establish a | ||
process for all licensed residential providers in Illinois to | ||
submit data as required by the Department, if they contract or | ||
receive reimbursement for children's mental health, substance | ||
use, and developmental disability services from the Department |
of Human Services, the Department of Juvenile Justice, or the | ||
Department of Healthcare and Family Services. The requested | ||
data must include, but is not limited to, capacity, staffing, | ||
and occupancy data for the purpose of establishing State need | ||
and placement availability. | ||
All information collected, shared, or stored pursuant to | ||
this subsection shall be handled in accordance with all State | ||
and federal privacy laws and accompanying regulations and | ||
rules, including without limitation the federal Health | ||
Insurance Portability and Accountability Act of 1996 (Public | ||
Law 104-191) and the Mental Health and Developmental | ||
Disabilities Confidentiality Act. | ||
(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
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(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
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or the remaining months of the fiscal year, whichever is less, |
and the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
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for child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the | ||
goals of child safety and
protection,
family preservation, | ||
family reunification, and adoption, including, but not
limited | ||
to:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile |
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in screening techniques to identify substance | ||
use disorders, as defined in the Substance Use Disorder Act, | ||
approved by the Department of Human
Services, as a successor | ||
to the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred for an assessment at an organization appropriately | ||
licensed by the Department of Human Services for substance use | ||
disorder treatment.
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(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for | ||
a youth in care and that no
licensed private facility has an | ||
adequate and appropriate program or none
agrees to accept the | ||
youth in care, the Department shall create an appropriate
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individualized, program-oriented plan for such youth in care. | ||
The
plan may be developed within the Department or through | ||
purchase of services
by the Department to the extent that it is | ||
within its statutory authority
to do.
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(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for | ||
which it refers children
or families.
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(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt children with physical or mental | ||
disabilities, children who are older, or other hard-to-place
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children who (i) immediately prior to their adoption were | ||
youth in care or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have |
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the | ||
child's adoptive parents died and ending with the finalization | ||
of the new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
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shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25, or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were youth in care for 12 months immediately
prior to the | ||
appointment of the guardian.
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The amount of assistance may vary, depending upon the | ||
needs of the child
and the adoptive parents,
as set forth in | ||
the annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such | ||
costs may not exceed the amounts
which similar services would | ||
cost the Department if it were to provide or
secure them as | ||
guardian of the child.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement |
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
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(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act | ||
or the Juvenile Court Act of 1987.
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(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
| ||
Neglected Child
Reporting Act, to help families, including | ||
adoptive and extended families.
Family preservation
services | ||
shall be offered (i) to prevent the
placement
of children in
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substitute care when the children can be cared for at home or | ||
in the custody of
the person
responsible for the children's | ||
welfare,
(ii) to
reunite children with their families, or | ||
(iii) to
maintain an adoptive placement. Family preservation | ||
services shall only be
offered when doing so will not endanger | ||
the children's health or safety. With
respect to children who | ||
are in substitute care pursuant to the Juvenile Court
Act of | ||
1987, family preservation services shall not be offered if a | ||
goal other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set, except | ||
that reunification services may be offered as provided in | ||
paragraph (F) of subsection (2) of Section 2-28 of that Act.
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Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual |
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available.
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The Department shall notify the child and his family of | ||
the
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
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report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of | ||
the Abused and Neglected
Child Reporting Act. However, the | ||
child's or family's willingness to
accept services shall not | ||
be considered in the investigation. The
Department may also | ||
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of |
such services shall be voluntary. The Department may also | ||
provide services to any child or family after completion of a | ||
family assessment, as an alternative to an investigation, as | ||
provided under the "differential response program" provided | ||
for in subsection (a-5) of Section 7.4 of the Abused and | ||
Neglected Child Reporting Act.
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The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. On and after January 1, 2015 (the | ||
effective date of Public Act 98-803) and before January 1, | ||
2017, a minor charged with a criminal offense under the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of | ||
or
committed to the Department by any court, except (i) a minor | ||
less than 16 years
of age committed to the Department under | ||
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition | ||
to reinstate wardship pursuant to subsection (2) of Section | ||
2-33 of the Juvenile Court Act of 1987. On and after January 1, |
2017, a minor charged with a criminal offense under the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 or | ||
adjudicated delinquent shall not be placed in the custody of | ||
or
committed to the Department by any court, except (i) a minor | ||
less than 15 years
of age committed to the Department under | ||
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | ||
for whom an independent basis of abuse, neglect, or dependency | ||
exists, which must be defined by departmental rule, or (iii) a | ||
minor for whom the court has granted a supplemental petition | ||
to reinstate wardship pursuant to subsection (2) of Section | ||
2-33 of the Juvenile Court Act of 1987. An independent basis | ||
exists when the allegations or adjudication of abuse, neglect, | ||
or dependency do not arise from the same facts, incident, or | ||
circumstances which give rise to a charge or adjudication of | ||
delinquency. The Department shall
assign a caseworker to | ||
attend any hearing involving a youth in
the care and custody of | ||
the Department who is placed on aftercare release, including | ||
hearings
involving sanctions for violation of aftercare | ||
release
conditions and aftercare release revocation hearings.
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As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and | ||
stress of caring for a child who has been diagnosed with a | ||
pervasive developmental disorder if the Department determines |
that those services are necessary to ensure the health and | ||
safety of the child. The Department may offer services to any | ||
family whether or not a report has been filed under the Abused | ||
and Neglected Child Reporting Act. The Department may refer | ||
the child or family to services available from other agencies | ||
in the community if the conditions in the child's or family's | ||
home are reasonably likely to subject the child or family to | ||
future reports of suspected child abuse or neglect. Acceptance | ||
of these services shall be voluntary. The Department shall | ||
develop and implement a public information campaign to alert | ||
health and social service providers and the general public | ||
about these special family preservation services. The nature | ||
and scope of the services offered and the number of families | ||
served under the special program implemented under this | ||
paragraph shall be determined by the level of funding that the | ||
Department annually allocates for this purpose. The term | ||
"pervasive developmental disorder" under this paragraph means | ||
a neurological condition, including, but not limited to, | ||
Asperger's Syndrome and autism, as defined in the most recent | ||
edition of the Diagnostic and Statistical Manual of Mental | ||
Disorders of the American Psychiatric Association. | ||
(l-1) The legislature recognizes that the best interests | ||
of the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct |
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most | ||
permanent living arrangement and permanent legal status.
| ||
When determining reasonable efforts to be made with | ||
respect to a child, as
described in this
subsection, and in | ||
making such reasonable efforts, the child's health and
safety | ||
shall be the
paramount concern.
| ||
When a child is placed in foster care, the Department | ||
shall ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
| ||
occurs
unless otherwise required, pursuant to the Juvenile | ||
Court Act of 1987.
At any time after the dispositional hearing | ||
where the Department believes
that further reunification | ||
services would be ineffective, it may request a
finding from | ||
the court that reasonable efforts are no longer appropriate. | ||
The
Department is not required to provide further | ||
reunification services after such
a
finding.
| ||
A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and |
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
| ||
The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining | ||
appropriateness of concurrent planning:
| ||
(1) the likelihood of prompt reunification;
| ||
(2) the past history of the family;
| ||
(3) the barriers to reunification being addressed by | ||
the family;
| ||
(4) the level of cooperation of the family;
| ||
(5) the foster parents' willingness to work with the | ||
family to reunite;
| ||
(6) the willingness and ability of the foster family | ||
to provide an
adoptive
home or long-term placement;
| ||
(7) the age of the child;
| ||
(8) placement of siblings.
| ||
(m) The Department may assume temporary custody of any | ||
child if:
| ||
(1) it has received a written consent to such | ||
temporary custody
signed by the parents of the child or by | ||
the parent having custody of the
child if the parents are | ||
not living together or by the guardian or
custodian of the | ||
child if the child is not in the custody of either
parent, |
or
| ||
(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be | ||
located.
| ||
If the child is found in his or her residence without a parent, | ||
guardian,
custodian, or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian, or | ||
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian, or custodian enters the home and expresses
| ||
such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
| ||
The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile | ||
Court Act of 1987. Whenever a child is taken
into temporary | ||
custody pursuant to an investigation under the Abused and
| ||
Neglected Child Reporting Act, or pursuant to a referral and |
acceptance
under the Juvenile Court Act of 1987 of a minor in | ||
limited custody, the
Department, during the period of | ||
temporary custody and before the child
is brought before a | ||
judicial officer as required by Section 2-9, 3-11,
4-8, or | ||
5-415 of the Juvenile Court Act of 1987, shall have
the | ||
authority, responsibilities and duties that a legal custodian | ||
of the child
would have under subsection (9) of Section 1-3 of | ||
the Juvenile Court Act of
1987.
| ||
The Department shall ensure that any child taken into | ||
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian, or custodian of a child in the | ||
temporary custody of the
Department who would have custody of | ||
the child if he were not in the
temporary custody of the | ||
Department may deliver to the Department a signed
request that | ||
the Department surrender the temporary custody of the child.
| ||
The Department may retain temporary custody of the child for | ||
10 days after
the receipt of the request, during which period | ||
the Department may cause to
be filed a petition pursuant to the | ||
Juvenile Court Act of 1987. If a
petition is so filed, the | ||
Department shall retain temporary custody of the
child until | ||
the court orders otherwise. If a petition is not filed within
| ||
the 10-day period, the child shall be surrendered to the | ||
custody of the
requesting parent, guardian, or custodian not | ||
later than the expiration of
the 10-day period, at which time | ||
the authority and duties of the Department
with respect to the |
temporary custody of the child shall terminate.
| ||
(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the | ||
Director or the
Director's designate prior to admission to the | ||
facility subject to Section
2-27.1 of the Juvenile Court Act | ||
of 1987. This subsection (m-1) does not apply
to a child who is | ||
subject to placement in a correctional facility operated
| ||
pursuant to Section 3-15-2 of the Unified Code of Corrections, | ||
unless the
child is a youth in care who was placed in the care | ||
of the Department before being
subject to placement in a | ||
correctional facility and a court of competent
jurisdiction | ||
has ordered placement of the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of | ||
age in
licensed child care facilities when in the opinion of | ||
the Department,
appropriate services aimed at family | ||
preservation have been unsuccessful and
cannot ensure the | ||
child's health and safety or are unavailable and such
| ||
placement would be for their best interest. Payment
for board, | ||
clothing, care, training and supervision of any child placed | ||
in
a licensed child care facility may be made by the | ||
Department, by the
parents or guardians of the estates of | ||
those children, or by both the
Department and the parents or | ||
guardians, except that no payments shall be
made by the |
Department for any child placed in a licensed child care
| ||
facility for board, clothing, care, training and supervision | ||
of such a
child that exceed the average per capita cost of | ||
maintaining and of caring
for a child in institutions for | ||
dependent or neglected children operated by
the Department. | ||
However, such restriction on payments does not apply in
cases | ||
where children require specialized care and treatment for | ||
problems of
severe emotional disturbance, physical disability, | ||
social adjustment, or
any combination thereof and suitable | ||
facilities for the placement of such
children are not | ||
available at payment rates within the limitations set
forth in | ||
this Section. All reimbursements for services delivered shall | ||
be
absolutely inalienable by assignment, sale, attachment, or | ||
garnishment or
otherwise.
| ||
(n-1) The Department shall 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 of wardship pursuant to | ||
subsection (2) of Section 2-33 of 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 21. The Department shall have | ||
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services | ||
under this Section through the Department of Children and | ||
Family Services or by referral from the Department of Human |
Services. Youth participating in services under this Section | ||
shall cooperate with the assigned case manager in developing | ||
an agreement identifying the services to be provided and how | ||
the youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. | ||
The Department of Children and Family Services shall create | ||
clear, readable notice of the rights of former foster youth to | ||
child welfare services under this Section and how such | ||
services may be obtained. The Department of Children and | ||
Family Services and the Department of Human Services shall | ||
disseminate this information statewide. The Department shall | ||
adopt regulations describing services intended to assist | ||
minors in achieving sustainable self-sufficiency as | ||
independent adults. | ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who | ||
request or receive child welfare
services from the Department. | ||
Youth in care who are placed by private child welfare | ||
agencies, and foster families with whom
those youth are | ||
placed, shall be afforded the same procedural and appeal
| ||
rights as children and families in the case of placement by the |
Department,
including the right to an initial review of a | ||
private agency decision by
that agency. The Department shall | ||
ensure that any private child welfare
agency, which accepts | ||
youth in care for placement, affords those
rights to children | ||
and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made | ||
by (i) a child
or foster family concerning a decision | ||
following an initial review by a
private child welfare agency | ||
or (ii) a prospective adoptive parent who alleges
a violation | ||
of subsection (j-5) of this Section. An appeal of a decision
| ||
concerning a change in the placement of a child shall be | ||
conducted in an
expedited manner. A court determination that a | ||
current foster home placement is necessary and appropriate | ||
under Section 2-28 of the Juvenile Court Act of 1987 does not | ||
constitute a judicial determination on the merits of an | ||
administrative appeal, filed by a former foster parent, | ||
involving a change of placement decision.
| ||
(p) (Blank).
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation, or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department, except that the benefits described in Section | ||
5.46 must be used and conserved consistent with the provisions | ||
under Section 5.46.
|
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial | ||
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for | ||
Veterans' Benefits, Social Security benefits,
assistance | ||
allotments from the armed forces, court ordered payments, | ||
parental
voluntary payments, Supplemental Security Income, | ||
Railroad Retirement
payments, Black Lung benefits, or other | ||
miscellaneous payments. Interest
earned by each account shall | ||
be credited to the account, unless
disbursed in accordance | ||
with this subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, |
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the | ||
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to | ||
the Department or its agent names and
addresses of all persons | ||
who have applied for and have been approved for
adoption of a | ||
hard-to-place child or child with a disability and the names | ||
of such
children who have not been placed for adoption. A list | ||
of such names and
addresses shall be maintained by the | ||
Department or its agent, and coded
lists which maintain the | ||
confidentiality of the person seeking to adopt the
child and | ||
of the child shall be made available, without charge, to every
| ||
adoption agency in the State to assist the agencies in placing | ||
such
children for adoption. The Department may delegate to an | ||
agent its duty to
maintain and make available such lists. The | ||
Department shall ensure that
such agent maintains the | ||
confidentiality of the person seeking to adopt the
child and | ||
of the child.
| ||
(s) The Department of Children and Family Services may |
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages | ||
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for | ||
such purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither | ||
party is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to |
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The | ||
court may
order additional periodic reports as appropriate.
| ||
(u) In addition to other information that must be | ||
provided, whenever the Department places a child with a | ||
prospective adoptive parent or parents, in a licensed foster | ||
home,
group home, or child care institution, or in a relative | ||
home, the Department
shall provide to the prospective adoptive | ||
parent or parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client | ||
service plan, including
any visitation arrangement, and | ||
all amendments or revisions to it as
related to the child; | ||
and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual |
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be | ||
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker | ||
shall be reviewed and approved regarding accuracy at the |
supervisory level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from | ||
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Illinois State Police Law
if the Department determines | ||
the information is necessary to perform its duties
under the | ||
Abused and Neglected Child Reporting Act, the Child Care Act | ||
of 1969,
and the Children and Family Services Act. The | ||
Department shall provide for
interactive computerized | ||
communication and processing equipment that permits
direct | ||
on-line communication with the Illinois State Police's central
| ||
criminal history data repository. The Department shall comply | ||
with all
certification requirements and provide certified | ||
operators who have been
trained by personnel from the Illinois |
State Police. In addition, one
Office of the Inspector General | ||
investigator shall have training in the use of
the criminal | ||
history information access system and have
access to the | ||
terminal. The Department of Children and Family Services and | ||
its
employees shall abide by rules and regulations established | ||
by the Illinois State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, | ||
the Department shall conduct a criminal records background | ||
check of the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted | ||
if the record check reveals a felony conviction for child | ||
abuse or neglect, for spousal abuse, for a crime against | ||
children, or for a crime involving violence, including rape, | ||
sexual assault, or homicide, but not including other physical | ||
assault or battery, or if there is a felony conviction for | ||
physical assault, battery, or a drug-related offense committed | ||
within the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, | ||
the Department shall check its child abuse and neglect | ||
registry for information concerning prospective foster and | ||
adoptive parents, and any adult living in the home. If any | ||
prospective foster or adoptive parent or other adult living in | ||
the home has resided in another state in the preceding 5 years, | ||
the Department shall request a check of that other state's |
child abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit | ||
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are | ||
needed in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of | ||
1987. The Department shall conduct such credit checks starting |
when a youth in care turns 12 years old and each year | ||
thereafter for the duration of the guardianship as terminated | ||
pursuant to the Juvenile Court Act of 1987. The Department | ||
shall determine if financial exploitation of the child's | ||
personal information has occurred. If financial exploitation | ||
appears to have taken place or is presently ongoing, the | ||
Department shall notify the proper law enforcement agency, the | ||
proper State's Attorney, or the Attorney General. | ||
(y) Beginning on July 22, 2010 (the effective date of | ||
Public Act 96-1189), a child with a disability who receives | ||
residential and educational services from the Department shall | ||
be eligible to receive transition services in accordance with | ||
Article 14 of the School Code from the age of 14.5 through age | ||
21, inclusive, notwithstanding the child's residential | ||
services arrangement. For purposes of this subsection, "child | ||
with a disability" means a child with a disability as defined | ||
by the federal Individuals with Disabilities Education | ||
Improvement Act of 2004. | ||
(z) The Department shall access criminal history record | ||
information as defined as "background information" in this | ||
subsection and criminal history record information as defined | ||
in the Illinois Uniform Conviction Information Act for each | ||
Department employee or Department applicant. Each Department | ||
employee or Department applicant shall submit his or her | ||
fingerprints to the Illinois State Police in the form and | ||
manner prescribed by the Illinois State Police. These |
fingerprints shall be checked against the fingerprint records | ||
now and hereafter filed in the Illinois State Police and the | ||
Federal Bureau of Investigation criminal history records | ||
databases. The Illinois State Police shall charge a fee for | ||
conducting the criminal history record check, which shall be | ||
deposited into the State Police Services Fund and shall not | ||
exceed the actual cost of the record check. The Illinois State | ||
Police shall furnish, pursuant to positive identification, all | ||
Illinois conviction information to the Department of Children | ||
and Family Services. | ||
For purposes of this subsection: | ||
"Background information" means all of the following: | ||
(i) Upon the request of the Department of Children and | ||
Family Services, conviction information obtained from the | ||
Illinois State Police as a result of a fingerprint-based | ||
criminal history records check of the Illinois criminal | ||
history records database and the Federal Bureau of | ||
Investigation criminal history records database concerning | ||
a Department employee or Department applicant. | ||
(ii) Information obtained by the Department of | ||
Children and Family Services after performing a check of | ||
the Illinois State Police's Sex Offender Database, as | ||
authorized by Section 120 of the Sex Offender Community | ||
Notification Law, concerning a Department employee or | ||
Department applicant. | ||
(iii) Information obtained by the Department of |
Children and Family Services after performing a check of | ||
the Child Abuse and Neglect Tracking System (CANTS) | ||
operated and maintained by the Department. | ||
"Department employee" means a full-time or temporary | ||
employee coded or certified within the State of Illinois | ||
Personnel System. | ||
"Department applicant" means an individual who has | ||
conditional Department full-time or part-time work, a | ||
contractor, an individual used to replace or supplement staff, | ||
an academic intern, a volunteer in Department offices or on | ||
Department contracts, a work-study student, an individual or | ||
entity licensed by the Department, or an unlicensed service | ||
provider who works as a condition of a contract or an agreement | ||
and whose work may bring the unlicensed service provider into | ||
contact with Department clients or client records. | ||
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; | ||
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. | ||
8-20-21; 102-1014, eff. 5-27-22.)
| ||
(20 ILCS 505/17) (from Ch. 23, par. 5017)
| ||
Sec. 17. Youth and Community Services Program. The | ||
Department of Human
Services shall
develop a State program for | ||
youth and community services which will
assure that youth who | ||
come into contact or may come into contact with either the | ||
child welfare system or the juvenile the child
welfare and the | ||
juvenile justice system systems will have access to needed |
community,
prevention, diversion, emergency and independent | ||
living services. The term
"youth" means a person under the age | ||
of 19 years. The term "homeless youth"
means a youth who cannot | ||
be reunited with his or her family and is not in a
safe and | ||
stable living situation. This Section shall not be construed | ||
to
require the Department of Human Services to provide | ||
services under this
Section to any homeless youth who is at | ||
least 18 years of age but is younger
than 19 years of age; | ||
however, the Department may, in its discretion, provide
| ||
services under this Section to any such homeless youth.
| ||
(a) The goals of the program shall be to:
| ||
(1) maintain children and youths in their own | ||
community;
| ||
(2) eliminate unnecessary categorical funding of | ||
programs by funding more
comprehensive and integrated | ||
programs;
| ||
(3) encourage local volunteers and voluntary | ||
associations in developing
programs aimed at preventing | ||
and controlling juvenile delinquency;
| ||
(4) address voids in services and close service gaps;
| ||
(5) develop program models aimed at strengthening the | ||
relationships
between youth and their families and aimed | ||
at developing healthy,
independent lives for homeless | ||
youth;
| ||
(6) contain costs by redirecting funding to more | ||
comprehensive and
integrated community-based services; and
|
(7) coordinate education, employment, training and | ||
other programs for
youths with other State agencies.
| ||
(b) The duties of the Department under the program shall | ||
be
to:
| ||
(1) design models for service delivery by local | ||
communities;
| ||
(2) test alternative systems for delivering youth | ||
services;
| ||
(3) develop standards necessary to achieve and | ||
maintain, on a statewide
basis, more comprehensive and | ||
integrated community-based youth services;
| ||
(4) monitor and provide technical assistance to local | ||
boards and local
service systems;
| ||
(5) assist local organizations in developing programs | ||
which address the
problems of youths and their families | ||
through direct services, advocacy
with institutions, and | ||
improvement of local conditions; and
| ||
(6) (blank); and develop a statewide adoption | ||
awareness campaign aimed at pregnant
teenagers.
| ||
(7) establish temporary emergency placements for youth | ||
in crisis as defined by the Children's Behavioral Health | ||
Transformation Team through comprehensive community-based | ||
youth services provider grants. | ||
(A) Temporary emergency placements: | ||
(i) must be licensed through the Department of | ||
Children and Family Services or, in the case of a |
foster home or host home, by the supervising child | ||
welfare agency; | ||
(ii) must be strategically situated to meet | ||
regional need and minimize geographic disruption | ||
in consultation with the Children's Behavioral | ||
Health Transformation Officer and the Children's | ||
Behavioral Health Transformation Team; and | ||
(iii) shall include Comprehensive | ||
Community-Based Youth Services program host
homes, | ||
foster homes, homeless youth shelters, Department | ||
of Children and Family Services youth shelters, or | ||
other licensed placements for minor youth | ||
compliant with the Child Care Act of 1969 provided | ||
under the Comprehensive Community-Based Youth | ||
Services program. | ||
(B) Beginning on the effective date of this | ||
amendatory Act of the 103rd General Assembly, once | ||
sufficient capacity has been developed, temporary | ||
emergency placements must also include temporary | ||
emergency placement shelters provided under the | ||
Comprehensive Community-Based Youth Services program. | ||
Temporary emergency placement shelters shall be | ||
managed by Comprehensive Community-Based Youth | ||
Services provider organizations and shall be available | ||
to house youth receiving interim 24/7 crisis | ||
intervention services as defined by the Juvenile Court |
Act of 1987 and the Comprehensive Community-Based | ||
Youth Services program grant and the Department, and | ||
shall provide access to clinical supports for youth | ||
while staying at the shelter. | ||
(C) Comprehensive Community-Based Youth Services | ||
organizations shall retain the sole authority to place | ||
youth in host homes and temporary emergency placement | ||
shelters provided under the Comprehensive | ||
Community-Based Youth Services program. | ||
(D) Crisis youth, as defined by the Children's | ||
Behavioral Health Transformation Team, shall be | ||
prioritized in temporary emergency placements. | ||
(E) Additional placement options may be authorized | ||
for crisis and non-crisis program youth with the | ||
permission of the youth's parent or legal guardian. | ||
(F) While in a temporary emergency placement, the | ||
organization shall work with the parent, guardian, or | ||
custodian to effectuate the youth's return home or to | ||
an alternative long-term living arrangement. As | ||
necessary, the agency or association shall also work | ||
with the youth's local school district, the | ||
Department, the Department of Human Services, the | ||
Department of Healthcare and Family Services, and the | ||
Department of Juvenile Justice to identify immediate | ||
and long-term services, treatment, or placement. | ||
Nothing in this Section shall be construed or applied in a |
manner that would conflict with, diminish, or infringe upon, | ||
any State agency's obligation to comply fully with | ||
requirements imposed under a court order or State or federal | ||
consent decree applicable to that agency. | ||
(Source: P.A. 89-507, eff. 7-1-97.)
| ||
Section 17. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by adding Section | ||
11.4 as follows: | ||
(20 ILCS 1705/11.4 new) | ||
Sec. 11.4. Care portal for families with children who have | ||
complex behavioral health needs. The Department shall | ||
establish and maintain a public-facing Care Portal to serve as | ||
a centralized resource for families with children who have | ||
significant and complex behavioral health needs. The Care | ||
Portal shall streamline the process of directing families and | ||
guardians to the appropriate level and type of care for their | ||
children. In consultation with the Children's Behavioral | ||
Health Transformation Officer, the Department shall develop | ||
specifications for the Care Portal that ensure automatic | ||
service eligibility matching, transparent data sharing, | ||
regular reporting, and appropriate staffing, among other | ||
items. The Department shall, in coordination with the | ||
Departments of Children and Family Services, Healthcare and | ||
Family Services, Juvenile Justice, and Public Health as well |
as the State Board of Education, develop training and | ||
communication for school districts, hospital social workers, | ||
and system partners to demonstrate how individuals can assist | ||
a family seeking youth behavioral health services and how to | ||
access the Care Portal. Such training must include information | ||
on the applicable federal and State law for the determination | ||
of the need for residential placements for educational | ||
purposes by individualized education program (IEP) teams. | ||
Procedures for use of the Care Portal must not prohibit or | ||
limit residential facilities from accepting students placed by | ||
school districts for educational purposes as determined by the | ||
IEP team. | ||
Section 20. The School Code is amended by changing | ||
Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section | ||
2-3.196 as follows: | ||
(105 ILCS 5/2-3.163) | ||
Sec. 2-3.163. Prioritization of Urgency of Need for | ||
Services database. | ||
(a) The General Assembly makes all of the following | ||
findings: | ||
(1) The Department of Human Services maintains a | ||
statewide database known as the Prioritization of Urgency | ||
of Need for Services that records information about | ||
individuals with developmental disabilities who are |
potentially in need of services. | ||
(2) The Department of Human Services uses the data on | ||
Prioritization of Urgency of Need for Services to select | ||
individuals for services as funding becomes available, to | ||
develop proposals and materials for budgeting, and to plan | ||
for future needs. | ||
(3) Prioritization of Urgency of Need for Services is | ||
available for children and adults with a developmental | ||
disability who have an unmet service need anticipated in | ||
the next 5 years. | ||
(4) Prioritization of Urgency of Need for Services is | ||
the first step toward getting developmental disabilities | ||
services in this State. If individuals are not on the | ||
Prioritization of Urgency of Need for Services waiting | ||
list, they are not in queue for State developmental | ||
disabilities services. | ||
(5) Prioritization of Urgency of Need for Services may | ||
be underutilized by children and their parents or | ||
guardians due to lack of awareness or lack of information. | ||
(b) The State Board of Education may work with school | ||
districts to inform all students with developmental | ||
disabilities and their parents or guardians about the | ||
Prioritization of Urgency of Need for Services database. | ||
(c) Subject to appropriation, the Department of Human | ||
Services and State Board of Education shall develop and | ||
implement an online, computer-based training program for at |
least one designated employee in every public school in this | ||
State to educate him or her about the Prioritization of | ||
Urgency of Need for Services database and steps to be taken to | ||
ensure children and adolescents are enrolled. The training | ||
shall include instruction for at least one designated employee | ||
in every public school in contacting the appropriate | ||
developmental disabilities Independent Service Coordination | ||
agency to enroll children and adolescents in the database. At | ||
least one designated employee in every public school shall | ||
ensure the opportunity to enroll in the Prioritization of | ||
Urgency of Need for Services database is discussed during | ||
annual individualized education program (IEP) meetings for all | ||
children and adolescents believed to have a developmental | ||
disability. | ||
(d) The State Board of Education, in consultation with the | ||
Department of Human Services, through school districts, shall | ||
provide to parents and guardians of students a copy of the | ||
Department of Human Services's guide titled "Understanding | ||
PUNS: A Guide to Prioritization for Urgency of Need for | ||
Services" each year at the annual review meeting for the | ||
student's individualized education program, including the | ||
consideration required in subsection (e) of this Section.
| ||
(e) The Department of Human Services shall consider the | ||
length of time spent on the Prioritization of Urgency of Need | ||
for Services waiting list, in addition to other factors | ||
considered, when selecting individuals on the list for |
services. | ||
(f) Subject to appropriation, the Department of Human | ||
Services shall expand its selection of individuals from the | ||
Prioritization of Urgency of Need for Services database to | ||
include individuals who receive services through the Children | ||
and Young Adults with Developmental Disabilities - Support | ||
Waiver. | ||
(Source: P.A. 102-57, eff. 7-9-21.) | ||
(105 ILCS 5/2-3.196 new) | ||
Sec. 2-3.196. Mental health screenings. On or before | ||
December 15, 2023, the State Board of Education, in | ||
consultation with the Children's Behavioral Health | ||
Transformation Officer, Children's Behavioral Health | ||
Transformation Team, and the Office of the Governor, shall | ||
file a report with the Governor and the General Assembly that | ||
includes recommendations for implementation of mental health | ||
screenings in schools for students enrolled in kindergarten | ||
through grade 12. This report must include a landscape scan of | ||
current district-wide screenings, recommendations for | ||
screening tools, training for staff, and linkage and referral | ||
for identified students.
| ||
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
| ||
Sec. 14-7.02. Children attending private schools, public
| ||
out-of-state schools, public school residential facilities or |
private
special education facilities. | ||
(a) The General Assembly recognizes that non-public
| ||
schools or special education facilities provide an important | ||
service in the
educational system in Illinois.
| ||
(b) If a student's individualized education program (IEP) | ||
team determines that because of his or her disability the | ||
special education
program of a district is unable to meet the | ||
needs of the child and the
child attends a non-public school or | ||
special education facility, a
public out-of-state school or a | ||
special education facility owned and
operated by a county | ||
government unit that provides special educational
services | ||
required by the child and is in compliance with the | ||
appropriate
rules and regulations of the State Superintendent | ||
of Education, the
school district in which the child is a | ||
resident shall pay the actual
cost of tuition for special | ||
education and related services provided
during the regular | ||
school term and during the summer school term if the
child's | ||
educational needs so require, excluding room, board and
| ||
transportation costs charged the child by that non-public | ||
school or
special education facility, public out-of-state | ||
school or county special
education facility, or $4,500 per | ||
year, whichever is less, and shall
provide him any necessary | ||
transportation. "Nonpublic special
education facility" shall | ||
include a residential facility,
within or without the State of | ||
Illinois, which provides
special education and related | ||
services to meet the needs of the child by
utilizing private |
schools or public schools, whether located on the site
or off | ||
the site of the residential facility. Resident district | ||
financial responsibility and reimbursement applies for both | ||
nonpublic special education facilities that are approved by | ||
the State Board of Education pursuant to 23 Ill. Adm. Code 401 | ||
or other applicable laws or rules and for emergency placements | ||
in nonpublic special education facilities that are not | ||
approved by the State Board of Education pursuant to 23 Ill. | ||
Adm. Code 401 or other applicable laws or rules, subject to the | ||
requirements of this Section.
| ||
(c) Prior to the placement of a child in an out-of-state | ||
special education residential facility, the school district | ||
must refer to the child or the child's parent or guardian the | ||
option to place the child in a special education residential | ||
facility located within this State, if any, that provides | ||
treatment and services comparable to those provided by the | ||
out-of-state special education residential facility. The | ||
school district must review annually the placement of a child | ||
in an out-of-state special education residential facility. As | ||
a part of the review, the school district must refer to the | ||
child or the child's parent or guardian the option to place the | ||
child in a comparable special education residential facility | ||
located within this State, if any. | ||
(c-5) Before a provider that operates a nonpublic special | ||
education facility terminates a student's placement in that | ||
facility, the provider must request an IEP meeting from the |
contracting school district. If the provider elects to | ||
terminate the student's placement following the IEP meeting, | ||
the provider must give written notice to this effect to the | ||
parent or guardian, the contracting public school district, | ||
and the State Board of Education no later than 20 business days | ||
before the date of termination, unless the health and safety | ||
of any student are endangered. The notice must include the | ||
detailed reasons for the termination and any actions taken to | ||
address the reason for the termination. | ||
(d) Payments shall be made by the resident school district | ||
to the entity providing the educational services, whether the | ||
entity is the nonpublic special education facility or the | ||
school district wherein the facility is located, no less than | ||
once per quarter, unless otherwise agreed to in writing by the | ||
parties. | ||
(e) A school district may place a student in a nonpublic | ||
special education facility providing educational services, but | ||
not approved by the State Board of Education pursuant to 23 | ||
Ill. Adm. Code 401 or other applicable laws or rules, provided | ||
that the State Board of Education provides an emergency and | ||
student-specific approval for placement. The State Board of | ||
Education shall promptly, within 10 days after the request, | ||
approve a request for emergency and student-specific approval | ||
for placement if the following have been demonstrated to the | ||
State Board of Education: | ||
(1) the facility demonstrates appropriate licensure of |
teachers for the student population; | ||
(2) the facility demonstrates age-appropriate | ||
curriculum; | ||
(3) the facility provides enrollment and attendance | ||
data; | ||
(4) the facility demonstrates the ability to implement | ||
the child's IEP; and | ||
(5) the school district demonstrates that it made good | ||
faith efforts to place the student in an approved | ||
facility, but no approved facility has accepted the | ||
student or has availability for immediate placement of the | ||
student. | ||
A resident school district may also submit such proof to the | ||
State Board of Education as may be required for its student. | ||
The State Board of Education may not unreasonably withhold | ||
approval once satisfactory proof is provided to the State | ||
Board. | ||
(f) If an impartial due process hearing officer who is | ||
contracted by the State Board of Education pursuant to this | ||
Article orders placement of a student with a disability in a | ||
residential facility that is not approved by the State Board | ||
of Education, then, for purposes of this Section, the facility | ||
shall be deemed approved for placement and school district | ||
payments and State reimbursements shall be made accordingly. | ||
(g) Emergency placement in a facility approved pursuant to | ||
subsection (e) or (f) may continue to be utilized so long as |
(i) the student's IEP team determines annually that such | ||
placement continues to be appropriate to meet the student's | ||
needs and (ii) at least every 3 years following the student's | ||
placement, the IEP team reviews appropriate placements | ||
approved by the State Board of Education pursuant to 23 Ill. | ||
Adm. Code 401 or other applicable laws or rules to determine | ||
whether there are any approved placements that can meet the | ||
student's needs, have accepted the student, and have | ||
availability for placement of the student. | ||
(h) The State Board of Education shall promulgate rules | ||
and regulations
for determining when placement in a private | ||
special education facility
is appropriate. Such rules and | ||
regulations shall take into account
the various types of | ||
services needed by a child and the availability
of such | ||
services to the particular child in the public school.
In | ||
developing these rules and regulations the State Board of
| ||
Education shall consult with the Advisory Council on
Education | ||
of Children with Disabilities and hold public
hearings to | ||
secure recommendations from parents, school personnel,
and | ||
others concerned about this matter.
| ||
The State Board of Education shall also promulgate rules | ||
and
regulations for transportation to and from a residential | ||
school.
Transportation to and from home to a residential | ||
school more than once
each school term shall be subject to | ||
prior approval by the State
Superintendent in accordance with | ||
the rules and regulations of the State
Board.
|
(i) A school district making tuition payments pursuant to | ||
this
Section is eligible for reimbursement from the State for | ||
the amount of
such payments actually made in excess of the | ||
district per capita tuition
charge for students not receiving | ||
special education services.
Such reimbursement shall be | ||
approved in accordance with Section 14-12.01
and each district | ||
shall file its claims, computed in accordance with rules
| ||
prescribed by the State Board of Education, on forms | ||
prescribed by the
State Superintendent of Education. Data used | ||
as a basis of reimbursement
claims shall be for the preceding | ||
regular school term and summer school
term. Each school | ||
district shall transmit its claims to the State Board of | ||
Education
on or before
August 15. The State Board of | ||
Education, before approving any such claims,
shall determine | ||
their accuracy and whether they are based upon services
and | ||
facilities provided under approved programs. Upon approval the | ||
State
Board shall cause vouchers to be prepared showing the | ||
amount due
for payment of reimbursement claims to school
| ||
districts, for transmittal to the State Comptroller on
the | ||
30th day of September, December, and March, respectively, and | ||
the final
voucher, no later than June 20. If the
money | ||
appropriated by the General Assembly for such purpose for any | ||
year
is insufficient, it shall be apportioned on the basis of | ||
the claims approved.
| ||
(j) No child shall be placed in a special education | ||
program pursuant to
this Section if the tuition cost for |
special education and related
services increases more than 10 | ||
percent over the tuition cost for the
previous school year or | ||
exceeds $4,500 per year unless such costs have
been approved | ||
by the Illinois Purchased Care Review Board. The
Illinois | ||
Purchased Care Review Board shall consist of the following
| ||
persons, or their designees: the Directors of Children and | ||
Family
Services, Public Health,
Public Aid, and the
Governor's | ||
Office of Management and Budget; the
Secretary of Human | ||
Services; the State Superintendent of Education; and such
| ||
other persons as the
Governor may designate. The Review Board | ||
shall also consist of one non-voting member who is an | ||
administrator of a
private, nonpublic, special education | ||
school. The Review Board shall establish rules and
regulations | ||
for its determination of allowable costs and payments made by
| ||
local school districts for special education, room and board, | ||
and other related
services provided by non-public schools or | ||
special education facilities and
shall establish uniform | ||
standards and criteria which it shall follow. The Review Board | ||
shall approve the usual and customary rate or rates of a | ||
special education program that (i) is offered by an | ||
out-of-state, non-public provider of integrated autism | ||
specific educational and autism specific residential services, | ||
(ii) offers 2 or more levels of residential care, including at | ||
least one locked facility, and (iii) serves 12 or fewer | ||
Illinois students. | ||
(k) In determining rates based on allowable costs, the |
Review Board shall consider any wage increases awarded by the | ||
General Assembly to front line personnel defined as direct | ||
support persons, aides, front-line supervisors, qualified | ||
intellectual disabilities professionals, nurses, and | ||
non-administrative support staff working in service settings | ||
in community-based settings within the State and adjust | ||
customary rates or rates of a special education program to be | ||
equitable to the wage increase awarded to similar staff | ||
positions in a community residential setting. Any wage | ||
increase awarded by the General Assembly to front line | ||
personnel defined as direct support persons, aides, front-line | ||
supervisors, qualified intellectual disabilities | ||
professionals, nurses, and non-administrative support staff | ||
working in community-based settings within the State, | ||
including the $0.75 per hour increase contained in Public Act | ||
100-23 and the $0.50 per hour increase included in Public Act | ||
100-23, shall also be a basis for any facility covered by this | ||
Section to appeal its rate before the Review Board under the | ||
process defined in Title 89, Part 900, Section 340 of the | ||
Illinois Administrative Code. Illinois Administrative Code | ||
Title 89, Part 900, Section 342 shall be updated to recognize | ||
wage increases awarded to community-based settings to be a | ||
basis for appeal. However, any wage increase that is captured | ||
upon appeal from a previous year shall not be counted by the | ||
Review Board as revenue for the purpose of calculating a | ||
facility's future rate. |
(l) Any definition used by the Review Board in | ||
administrative rule or policy to define "related | ||
organizations" shall include any and all exceptions contained | ||
in federal law or regulation as it pertains to the federal | ||
definition of "related organizations".
| ||
(m) The Review Board shall establish uniform definitions | ||
and criteria for
accounting separately by special education, | ||
room and board and other
related services costs. The Board | ||
shall also establish guidelines for
the coordination of | ||
services and financial assistance provided by all
State | ||
agencies to assure that no otherwise qualified child with a | ||
disability
receiving services under Article 14 shall be | ||
excluded from participation
in, be denied the benefits of or | ||
be subjected to discrimination under
any program or activity | ||
provided by any State agency.
| ||
(n) The Review Board shall review the costs for special | ||
education and
related services provided by non-public schools | ||
or special education
facilities and shall approve or | ||
disapprove such facilities in accordance
with the rules and | ||
regulations established by it with respect to
allowable costs.
| ||
(o) The State Board of Education shall provide | ||
administrative and staff support
for the Review Board as | ||
deemed reasonable by the State Superintendent of
Education. | ||
This support shall not include travel expenses or other
| ||
compensation for any Review Board member other than the State | ||
Superintendent of
Education.
|
(p) The Review Board shall seek the advice of the Advisory | ||
Council on
Education of Children with Disabilities on the | ||
rules and
regulations to be
promulgated by it relative to | ||
providing special education services.
| ||
(q) If a child has been placed in a program in which the | ||
actual per pupil costs
of tuition for special education and | ||
related services based on program
enrollment, excluding room, | ||
board and transportation costs, exceed $4,500 and
such costs | ||
have been approved by the Review Board, the district shall pay | ||
such
total costs which exceed $4,500. A district making such | ||
tuition payments in
excess of $4,500 pursuant to this Section | ||
shall be responsible for an amount in
excess of $4,500 equal to | ||
the district per capita
tuition charge and shall be eligible | ||
for reimbursement from the State for
the amount of such | ||
payments actually made in excess of the districts per capita
| ||
tuition charge for students not receiving special education | ||
services.
| ||
(r) If a child has been placed in an approved individual | ||
program and the
tuition costs including room and board costs | ||
have been approved by the
Review Board, then such room and | ||
board costs shall be paid by the
appropriate State agency | ||
subject to the provisions of Section 14-8.01 of
this Act. Room | ||
and board costs not provided by a State agency other
than the | ||
State Board of Education shall be provided by the State Board
| ||
of Education on a current basis. In no event, however, shall | ||
the
State's liability for funding of these tuition costs begin |
until after
the legal obligations of third party payors have | ||
been subtracted from
such costs. If the money appropriated by | ||
the General Assembly for such
purpose for any year is | ||
insufficient, it shall be apportioned on the
basis of the | ||
claims approved. Each district shall submit estimated claims | ||
to the State
Superintendent of Education. Upon approval of | ||
such claims, the State
Superintendent of Education shall | ||
direct the State Comptroller to make payments
on a monthly | ||
basis. The frequency for submitting estimated
claims and the | ||
method of determining payment shall be prescribed in rules
and | ||
regulations adopted by the State Board of Education. Such | ||
current state
reimbursement shall be reduced by an amount | ||
equal to the proceeds which
the child or child's parents are | ||
eligible to receive under any public or
private insurance or | ||
assistance program. Nothing in this Section shall
be construed | ||
as relieving an insurer or similar third party from an
| ||
otherwise valid obligation to provide or to pay for services | ||
provided to
a child with a disability.
| ||
(s) If it otherwise qualifies, a school district is | ||
eligible for the
transportation reimbursement under Section | ||
14-13.01 and for the
reimbursement of tuition payments under | ||
this Section whether the
non-public school or special | ||
education facility, public out-of-state
school or county | ||
special education facility, attended by a child who
resides in | ||
that district and requires special educational services, is
| ||
within or outside of the State of Illinois. However, a |
district is not
eligible to claim transportation reimbursement | ||
under this Section unless
the district certifies to the State | ||
Superintendent of Education that the
district is unable to | ||
provide special educational services required by
the child for | ||
the current school year.
| ||
(t) Nothing in this Section authorizes the reimbursement | ||
of a school
district for the amount paid for tuition of a child | ||
attending a
non-public school or special education facility, | ||
public out-of-state
school or county special education | ||
facility unless the school district
certifies to the State | ||
Superintendent of Education that the special
education program | ||
of that district is unable to meet the needs of that child
| ||
because of his disability and the State Superintendent of | ||
Education finds
that the school district is in substantial | ||
compliance with Section 14-4.01. However, if a child is | ||
unilaterally placed by a State agency or any court in a | ||
non-public school or special education facility, public | ||
out-of-state school, or county special education facility, a | ||
school district shall not be required to certify to the State | ||
Superintendent of Education, for the purpose of tuition | ||
reimbursement, that the special education program of that | ||
district is unable to meet the needs of a child because of his | ||
or her disability.
| ||
(u) Any educational or related services provided, pursuant | ||
to this
Section in a non-public school or special education | ||
facility or a
special education facility owned and operated by |
a county government
unit shall be at no cost to the parent or | ||
guardian of the child.
However, current law and practices | ||
relative to contributions by parents
or guardians for costs | ||
other than educational or related services are
not affected by | ||
this amendatory Act of 1978.
| ||
(v) Reimbursement for children attending public school | ||
residential facilities
shall be made in accordance with the | ||
provisions of this Section.
| ||
(w) Notwithstanding any other provision of law, any school | ||
district
receiving a payment under this Section or under | ||
Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify | ||
all or a portion of the funds that
it receives in a particular | ||
fiscal year or from general State aid pursuant
to Section | ||
18-8.05 of this Code
as funds received in connection with any | ||
funding program for which
it is entitled to receive funds from | ||
the State in that fiscal year (including,
without limitation, | ||
any funding program referenced in this Section),
regardless of | ||
the source or timing of the receipt. The district may not
| ||
classify more funds as funds received in connection with the | ||
funding
program than the district is entitled to receive in | ||
that fiscal year for that
program. Any
classification by a | ||
district must be made by a resolution of its board of
| ||
education. The resolution must identify the amount of any | ||
payments or
general State aid to be classified under this | ||
paragraph and must specify
the funding program to which the | ||
funds are to be treated as received in
connection therewith. |
This resolution is controlling as to the
classification of | ||
funds referenced therein. A certified copy of the
resolution | ||
must be sent to the State Superintendent of Education.
The | ||
resolution shall still take effect even though a copy of the | ||
resolution has
not been sent to the State
Superintendent of | ||
Education in a timely manner.
No
classification under this | ||
paragraph by a district shall affect the total amount
or | ||
timing of money the district is entitled to receive under this | ||
Code.
No classification under this paragraph by a district | ||
shall
in any way relieve the district from or affect any
| ||
requirements that otherwise would apply with respect to
that | ||
funding program, including any
accounting of funds by source, | ||
reporting expenditures by
original source and purpose,
| ||
reporting requirements,
or requirements of providing services.
| ||
(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21; | ||
102-703, eff. 4-22-22.)
| ||
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
| ||
Sec. 14-15.01. Community and Residential Services | ||
Authority.
| ||
(a) (1) The Community and Residential Services Authority | ||
is
hereby created and shall consist of the following members:
| ||
A representative of the State Board of Education;
| ||
Four representatives of the Department of Human Services | ||
appointed by the Secretary of Human Services,
with one member | ||
from the Division of Community Health and
Prevention, one |
member from the Division of Developmental Disabilities, one | ||
member
from the Division of Mental Health, and one member from | ||
the Division of
Rehabilitation Services;
| ||
A representative of the Department of Children and Family | ||
Services;
| ||
A representative of the Department of Juvenile Justice;
| ||
A representative of the Department of Healthcare and | ||
Family Services;
| ||
A representative of the Attorney General's Disability | ||
Rights Advocacy
Division;
| ||
The Chairperson and Minority Spokesperson of the House and | ||
Senate
Committees on Elementary and Secondary Education or | ||
their designees; and
| ||
Six persons appointed by the Governor. Five of such
| ||
appointees shall be experienced or knowledgeable relative to
| ||
provision of services for individuals with a behavior
disorder
| ||
or a severe emotional disturbance
and shall include | ||
representatives of
both the private and public sectors, except | ||
that no more than 2 of those 5
appointees may be from the | ||
public sector and at least 2 must be or have been
directly | ||
involved in provision of services to such individuals. The | ||
remaining
member appointed by the Governor shall be or shall | ||
have been a parent of an
individual with a
behavior disorder or | ||
a severe emotional disturbance, and
that appointee may be from | ||
either the private or the public sector.
| ||
(2) Members appointed by the Governor shall be appointed |
for terms
of 4 years and shall continue to serve until their | ||
respective successors are
appointed; provided that the terms | ||
of the original
appointees shall expire on August 1, 1990. Any | ||
vacancy in the office of a
member appointed by the Governor | ||
shall be filled by appointment of the
Governor for the | ||
remainder of the term.
| ||
A vacancy in the office of a member appointed by the | ||
Governor exists when
one or more of the following events | ||
occur:
| ||
(i) An appointee dies;
| ||
(ii) An appointee files a written resignation with the | ||
Governor;
| ||
(iii) An appointee ceases to be a legal resident of | ||
the State of Illinois;
or
| ||
(iv) An appointee fails to attend a majority of | ||
regularly scheduled
Authority meetings in a fiscal year.
| ||
Members who are representatives of an agency shall serve | ||
at the will
of the agency head. Membership on the Authority | ||
shall cease immediately
upon cessation of their affiliation | ||
with the agency. If such a vacancy
occurs, the appropriate | ||
agency head shall appoint another person to represent
the | ||
agency.
| ||
If a legislative member of the Authority ceases to be | ||
Chairperson or
Minority Spokesperson of the designated | ||
Committees, they shall
automatically be replaced on the | ||
Authority by the person who assumes the
position of |
Chairperson or Minority Spokesperson.
| ||
(b) The Community and Residential Services Authority shall | ||
have the
following powers and duties:
| ||
(1) Serve as a Parent/Guardian Navigator Assistance | ||
Program, to work directly with parents/guardians of youth | ||
with behavioral health concerns to provide assistance | ||
coordinating efforts with public agencies, including but | ||
not limited to local school district, State Board of | ||
Education, the Department of Human Services, Department of | ||
Children and Family Services, the Department of Healthcare | ||
and Family Services, Department of Public Health, and | ||
Department of Juvenile Justice. To conduct surveys to | ||
determine the extent of need, the degree to
which | ||
documented need is currently being met and feasible | ||
alternatives for
matching need with resources.
| ||
(2) Work in conjunction with the new Care Portal and | ||
Care Portal Team to utilize the centralized IT platform | ||
for communication and case management, including | ||
collaboration on the development of Portal training, | ||
communications to the public, business processes for case | ||
triage, assignment, and referral. To develop policy | ||
statements for interagency cooperation to cover
all | ||
aspects of service delivery, including laws, regulations | ||
and
procedures, and clear guidelines for determining | ||
responsibility at all times.
| ||
(3) To develop and submit to the Governor, the General |
Assembly, the Directors of the agencies represented on the | ||
Authority, and State Board of Education a master plan for | ||
operating the Parent/Guardian Navigator Assistance | ||
Program, including how referrals are made, plan for | ||
dispute relative to plans of service or funding for plans | ||
of service, plans to include parents with lived experience | ||
as peer supports. To recommend policy statements
and | ||
provide information regarding effective programs for | ||
delivery of
services to all individuals under 22 years of | ||
age with a behavior disorder
or a severe emotional | ||
disturbance in public or private situations.
| ||
(4) (Blank). To review the criteria for service | ||
eligibility, provision and
availability established by the | ||
governmental agencies represented on this
Authority, and | ||
to recommend changes, additions or deletions to such | ||
criteria.
| ||
(5) (Blank). To develop and submit to the Governor, | ||
the General Assembly, the
Directors of the agencies | ||
represented on the Authority, and the
State Board of | ||
Education a master plan for individuals under 22 years of
| ||
age with a
behavior disorder or a severe emotional | ||
disturbance,
including
detailed plans of service ranging | ||
from the least to the most
restrictive options; and to | ||
assist local communities, upon request, in
developing
or | ||
strengthening collaborative interagency networks.
| ||
(6) (Blank). To develop a process for making |
determinations in situations where
there is a dispute | ||
relative to a plan of service for
individuals or funding | ||
for a plan of service.
| ||
(7) (Blank). To provide technical assistance to | ||
parents, service consumers,
providers, and member agency | ||
personnel regarding statutory responsibilities
of human | ||
service and educational agencies, and to provide such | ||
assistance
as deemed necessary to appropriately access | ||
needed services.
| ||
(8) (Blank). To establish a pilot program to act as a | ||
residential research hub to research and identify | ||
appropriate residential settings for youth who are being | ||
housed in an emergency room for more than 72 hours or who | ||
are deemed beyond medical necessity in a psychiatric | ||
hospital. If a child is deemed beyond medical necessity in | ||
a psychiatric hospital and is in need of residential | ||
placement, the goal of the program is to prevent a | ||
lock-out pursuant to the goals of the Custody | ||
Relinquishment Prevention Act. | ||
(c) (1) The members of the Authority shall receive no | ||
compensation for
their services but shall be entitled to | ||
reimbursement of reasonable
expenses incurred while performing | ||
their duties.
| ||
(2) The Authority may appoint special study groups to | ||
operate under
the direction of the Authority and persons | ||
appointed to such groups shall
receive only reimbursement of |
reasonable expenses incurred in the
performance of their | ||
duties.
| ||
(3) The Authority shall elect from its membership a | ||
chairperson,
vice-chairperson and secretary.
| ||
(4) The Authority may employ and fix the compensation of
| ||
such employees and technical assistants as it deems necessary | ||
to carry out
its powers and duties under this Act. Staff | ||
assistance for the Authority
shall be provided by the State | ||
Board of Education.
| ||
(5) Funds for the ordinary and contingent expenses of the | ||
Authority
shall be appropriated to the State Board of | ||
Education in a separate line item.
| ||
(d) (1) The Authority shall have power to promulgate rules | ||
and
regulations to carry out its powers and duties under this | ||
Act.
| ||
(2) The Authority may accept monetary gifts or grants from | ||
the federal
government or any agency thereof, from any | ||
charitable foundation or
professional association or from any | ||
other reputable source for
implementation of any program | ||
necessary or desirable to the carrying out of
the general | ||
purposes of the Authority. Such gifts and grants may be
held in | ||
trust by the Authority and expended in the exercise of its | ||
powers
and performance of its duties as prescribed by law.
| ||
(3) The Authority shall submit an annual report of its | ||
activities and
expenditures to the Governor, the General | ||
Assembly, the
directors of agencies represented on the |
Authority, and the State
Superintendent of Education , due | ||
January 1 of each year .
| ||
(e) The Executive Director of the Authority or his or her | ||
designee shall be added as a participant on the Interagency | ||
Clinical Team established in the intergovernmental agreement | ||
among the Department of Healthcare and Family Services, the | ||
Department of Children and Family Services, the Department of | ||
Human Services, the State Board of Education, the Department | ||
of Juvenile Justice, and the Department of Public Health, with | ||
consent of the youth or the youth's guardian or family | ||
pursuant to the Custody Relinquishment Prevention Act. | ||
(Source: P.A. 102-43, eff. 7-6-21.)
| ||
Section 25. The Illinois Public Aid Code is amended by | ||
changing Section 5-30.1 as follows: | ||
(305 ILCS 5/5-30.1) | ||
Sec. 5-30.1. Managed care protections. | ||
(a) As used in this Section: | ||
"Managed care organization" or "MCO" means any entity | ||
which contracts with the Department to provide services where | ||
payment for medical services is made on a capitated basis. | ||
"Emergency services" include: | ||
(1) emergency services, as defined by Section 10 of | ||
the Managed Care Reform and Patient Rights Act; | ||
(2) emergency medical screening examinations, as |
defined by Section 10 of the Managed Care Reform and | ||
Patient Rights Act; | ||
(3) post-stabilization medical services, as defined by | ||
Section 10 of the Managed Care Reform and Patient Rights | ||
Act; and | ||
(4) emergency medical conditions, as defined by
| ||
Section 10 of the Managed Care Reform and Patient Rights
| ||
Act. | ||
(b) As provided by Section 5-16.12, managed care | ||
organizations are subject to the provisions of the Managed | ||
Care Reform and Patient Rights Act. | ||
(c) An MCO shall pay any provider of emergency services | ||
that does not have in effect a contract with the contracted | ||
Medicaid MCO. The default rate of reimbursement shall be the | ||
rate paid under Illinois Medicaid fee-for-service program | ||
methodology, including all policy adjusters, including but not | ||
limited to Medicaid High Volume Adjustments, Medicaid | ||
Percentage Adjustments, Outpatient High Volume Adjustments, | ||
and all outlier add-on adjustments to the extent such | ||
adjustments are incorporated in the development of the | ||
applicable MCO capitated rates. | ||
(d) An MCO shall pay for all post-stabilization services | ||
as a covered service in any of the following situations: | ||
(1) the MCO authorized such services; | ||
(2) such services were administered to maintain the | ||
enrollee's stabilized condition within one hour after a |
request to the MCO for authorization of further | ||
post-stabilization services; | ||
(3) the MCO did not respond to a request to authorize | ||
such services within one hour; | ||
(4) the MCO could not be contacted; or | ||
(5) the MCO and the treating provider, if the treating | ||
provider is a non-affiliated provider, could not reach an | ||
agreement concerning the enrollee's care and an affiliated | ||
provider was unavailable for a consultation, in which case | ||
the MCO
must pay for such services rendered by the | ||
treating non-affiliated provider until an affiliated | ||
provider was reached and either concurred with the | ||
treating non-affiliated provider's plan of care or assumed | ||
responsibility for the enrollee's care. Such payment shall | ||
be made at the default rate of reimbursement paid under | ||
Illinois Medicaid fee-for-service program methodology, | ||
including all policy adjusters, including but not limited | ||
to Medicaid High Volume Adjustments, Medicaid Percentage | ||
Adjustments, Outpatient High Volume Adjustments and all | ||
outlier add-on adjustments to the extent that such | ||
adjustments are incorporated in the development of the | ||
applicable MCO capitated rates. | ||
(e) The following requirements apply to MCOs in | ||
determining payment for all emergency services: | ||
(1) MCOs shall not impose any requirements for prior | ||
approval of emergency services. |
(2) The MCO shall cover emergency services provided to | ||
enrollees who are temporarily away from their residence | ||
and outside the contracting area to the extent that the | ||
enrollees would be entitled to the emergency services if | ||
they still were within the contracting area. | ||
(3) The MCO shall have no obligation to cover medical | ||
services provided on an emergency basis that are not | ||
covered services under the contract. | ||
(4) The MCO shall not condition coverage for emergency | ||
services on the treating provider notifying the MCO of the | ||
enrollee's screening and treatment within 10 days after | ||
presentation for emergency services. | ||
(5) The determination of the attending emergency | ||
physician, or the provider actually treating the enrollee, | ||
of whether an enrollee is sufficiently stabilized for | ||
discharge or transfer to another facility, shall be | ||
binding on the MCO. The MCO shall cover emergency services | ||
for all enrollees whether the emergency services are | ||
provided by an affiliated or non-affiliated provider. | ||
(6) The MCO's financial responsibility for | ||
post-stabilization care services it has not pre-approved | ||
ends when: | ||
(A) a plan physician with privileges at the | ||
treating hospital assumes responsibility for the | ||
enrollee's care; | ||
(B) a plan physician assumes responsibility for |
the enrollee's care through transfer; | ||
(C) a contracting entity representative and the | ||
treating physician reach an agreement concerning the | ||
enrollee's care; or | ||
(D) the enrollee is discharged. | ||
(f) Network adequacy and transparency. | ||
(1) The Department shall: | ||
(A) ensure that an adequate provider network is in | ||
place, taking into consideration health professional | ||
shortage areas and medically underserved areas; | ||
(B) publicly release an explanation of its process | ||
for analyzing network adequacy; | ||
(C) periodically ensure that an MCO continues to | ||
have an adequate network in place; | ||
(D) require MCOs, including Medicaid Managed Care | ||
Entities as defined in Section 5-30.2, to meet | ||
provider directory requirements under Section 5-30.3; | ||
(E) require MCOs to ensure that any | ||
Medicaid-certified provider
under contract with an MCO | ||
and previously submitted on a roster on the date of | ||
service is
paid for any medically necessary, | ||
Medicaid-covered, and authorized service rendered to
| ||
any of the MCO's enrollees, regardless of inclusion on
| ||
the MCO's published and publicly available directory | ||
of
available providers; and | ||
(F) require MCOs, including Medicaid Managed Care |
Entities as defined in Section 5-30.2, to meet each of | ||
the requirements under subsection (d-5) of Section 10 | ||
of the Network Adequacy and Transparency Act; with | ||
necessary exceptions to the MCO's network to ensure | ||
that admission and treatment with a provider or at a | ||
treatment facility in accordance with the network | ||
adequacy standards in paragraph (3) of subsection | ||
(d-5) of Section 10 of the Network Adequacy and | ||
Transparency Act is limited to providers or facilities | ||
that are Medicaid certified. | ||
(2) Each MCO shall confirm its receipt of information | ||
submitted specific to physician or dentist additions or | ||
physician or dentist deletions from the MCO's provider | ||
network within 3 days after receiving all required | ||
information from contracted physicians or dentists, and | ||
electronic physician and dental directories must be | ||
updated consistent with current rules as published by the | ||
Centers for Medicare and Medicaid Services or its | ||
successor agency. | ||
(g) Timely payment of claims. | ||
(1) The MCO shall pay a claim within 30 days of | ||
receiving a claim that contains all the essential | ||
information needed to adjudicate the claim. | ||
(2) The MCO shall notify the billing party of its | ||
inability to adjudicate a claim within 30 days of | ||
receiving that claim. |
(3) The MCO shall pay a penalty that is at least equal | ||
to the timely payment interest penalty imposed under | ||
Section 368a of the Illinois Insurance Code for any claims | ||
not timely paid. | ||
(A) When an MCO is required to pay a timely payment | ||
interest penalty to a provider, the MCO must calculate | ||
and pay the timely payment interest penalty that is | ||
due to the provider within 30 days after the payment of | ||
the claim. In no event shall a provider be required to | ||
request or apply for payment of any owed timely | ||
payment interest penalties. | ||
(B) Such payments shall be reported separately | ||
from the claim payment for services rendered to the | ||
MCO's enrollee and clearly identified as interest | ||
payments. | ||
(4)(A) The Department shall require MCOs to expedite | ||
payments to providers identified on the Department's | ||
expedited provider list, determined in accordance with 89 | ||
Ill. Adm. Code 140.71(b), on a schedule at least as | ||
frequently as the providers are paid under the | ||
Department's fee-for-service expedited provider schedule. | ||
(B) Compliance with the expedited provider requirement | ||
may be satisfied by an MCO through the use of a Periodic | ||
Interim Payment (PIP) program that has been mutually | ||
agreed to and documented between the MCO and the provider, | ||
if the PIP program ensures that any expedited provider |
receives regular and periodic payments based on prior | ||
period payment experience from that MCO. Total payments | ||
under the PIP program may be reconciled against future PIP | ||
payments on a schedule mutually agreed to between the MCO | ||
and the provider. | ||
(C) The Department shall share at least monthly its | ||
expedited provider list and the frequency with which it | ||
pays providers on the expedited list. | ||
(g-5) Recognizing that the rapid transformation of the | ||
Illinois Medicaid program may have unintended operational | ||
challenges for both payers and providers: | ||
(1) in no instance shall a medically necessary covered | ||
service rendered in good faith, based upon eligibility | ||
information documented by the provider, be denied coverage | ||
or diminished in payment amount if the eligibility or | ||
coverage information available at the time the service was | ||
rendered is later found to be inaccurate in the assignment | ||
of coverage responsibility between MCOs or the | ||
fee-for-service system, except for instances when an | ||
individual is deemed to have not been eligible for | ||
coverage under the Illinois Medicaid program; and | ||
(2) the Department shall, by December 31, 2016, adopt | ||
rules establishing policies that shall be included in the | ||
Medicaid managed care policy and procedures manual | ||
addressing payment resolutions in situations in which a | ||
provider renders services based upon information obtained |
after verifying a patient's eligibility and coverage plan | ||
through either the Department's current enrollment system | ||
or a system operated by the coverage plan identified by | ||
the patient presenting for services: | ||
(A) such medically necessary covered services | ||
shall be considered rendered in good faith; | ||
(B) such policies and procedures shall be | ||
developed in consultation with industry | ||
representatives of the Medicaid managed care health | ||
plans and representatives of provider associations | ||
representing the majority of providers within the | ||
identified provider industry; and | ||
(C) such rules shall be published for a review and | ||
comment period of no less than 30 days on the | ||
Department's website with final rules remaining | ||
available on the Department's website. | ||
The rules on payment resolutions shall include, but | ||
not be limited to: | ||
(A) the extension of the timely filing period; | ||
(B) retroactive prior authorizations; and | ||
(C) guaranteed minimum payment rate of no less | ||
than the current, as of the date of service, | ||
fee-for-service rate, plus all applicable add-ons, | ||
when the resulting service relationship is out of | ||
network. | ||
The rules shall be applicable for both MCO coverage |
and fee-for-service coverage. | ||
If the fee-for-service system is ultimately determined to | ||
have been responsible for coverage on the date of service, the | ||
Department shall provide for an extended period for claims | ||
submission outside the standard timely filing requirements. | ||
(g-6) MCO Performance Metrics Report. | ||
(1) The Department shall publish, on at least a | ||
quarterly basis, each MCO's operational performance, | ||
including, but not limited to, the following categories of | ||
metrics: | ||
(A) claims payment, including timeliness and | ||
accuracy; | ||
(B) prior authorizations; | ||
(C) grievance and appeals; | ||
(D) utilization statistics; | ||
(E) provider disputes; | ||
(F) provider credentialing; and | ||
(G) member and provider customer service. | ||
(2) The Department shall ensure that the metrics | ||
report is accessible to providers online by January 1, | ||
2017. | ||
(3) The metrics shall be developed in consultation | ||
with industry representatives of the Medicaid managed care | ||
health plans and representatives of associations | ||
representing the majority of providers within the | ||
identified industry. |
(4) Metrics shall be defined and incorporated into the | ||
applicable Managed Care Policy Manual issued by the | ||
Department. | ||
(g-7) MCO claims processing and performance analysis. In | ||
order to monitor MCO payments to hospital providers, pursuant | ||
to Public Act 100-580, the Department shall post an analysis | ||
of MCO claims processing and payment performance on its | ||
website every 6 months. Such analysis shall include a review | ||
and evaluation of a representative sample of hospital claims | ||
that are rejected and denied for clean and unclean claims and | ||
the top 5 reasons for such actions and timeliness of claims | ||
adjudication, which identifies the percentage of claims | ||
adjudicated within 30, 60, 90, and over 90 days, and the dollar | ||
amounts associated with those claims. | ||
(g-8) Dispute resolution process. The Department shall | ||
maintain a provider complaint portal through which a provider | ||
can submit to the Department unresolved disputes with an MCO. | ||
An unresolved dispute means an MCO's decision that denies in | ||
whole or in part a claim for reimbursement to a provider for | ||
health care services rendered by the provider to an enrollee | ||
of the MCO with which the provider disagrees. Disputes shall | ||
not be submitted to the portal until the provider has availed | ||
itself of the MCO's internal dispute resolution process. | ||
Disputes that are submitted to the MCO internal dispute | ||
resolution process may be submitted to the Department of | ||
Healthcare and Family Services' complaint portal no sooner |
than 30 days after submitting to the MCO's internal process | ||
and not later than 30 days after the unsatisfactory resolution | ||
of the internal MCO process or 60 days after submitting the | ||
dispute to the MCO internal process. Multiple claim disputes | ||
involving the same MCO may be submitted in one complaint, | ||
regardless of whether the claims are for different enrollees, | ||
when the specific reason for non-payment of the claims | ||
involves a common question of fact or policy. Within 10 | ||
business days of receipt of a complaint, the Department shall | ||
present such disputes to the appropriate MCO, which shall then | ||
have 30 days to issue its written proposal to resolve the | ||
dispute. The Department may grant one 30-day extension of this | ||
time frame to one of the parties to resolve the dispute. If the | ||
dispute remains unresolved at the end of this time frame or the | ||
provider is not satisfied with the MCO's written proposal to | ||
resolve the dispute, the provider may, within 30 days, request | ||
the Department to review the dispute and make a final | ||
determination. Within 30 days of the request for Department | ||
review of the dispute, both the provider and the MCO shall | ||
present all relevant information to the Department for | ||
resolution and make individuals with knowledge of the issues | ||
available to the Department for further inquiry if needed. | ||
Within 30 days of receiving the relevant information on the | ||
dispute, or the lapse of the period for submitting such | ||
information, the Department shall issue a written decision on | ||
the dispute based on contractual terms between the provider |
and the MCO, contractual terms between the MCO and the | ||
Department of Healthcare and Family Services and applicable | ||
Medicaid policy. The decision of the Department shall be | ||
final. By January 1, 2020, the Department shall establish by | ||
rule further details of this dispute resolution process. | ||
Disputes between MCOs and providers presented to the | ||
Department for resolution are not contested cases, as defined | ||
in Section 1-30 of the Illinois Administrative Procedure Act, | ||
conferring any right to an administrative hearing. | ||
(g-9)(1) The Department shall publish annually on its | ||
website a report on the calculation of each managed care | ||
organization's medical loss ratio showing the following: | ||
(A) Premium revenue, with appropriate adjustments. | ||
(B) Benefit expense, setting forth the aggregate | ||
amount spent for the following: | ||
(i) Direct paid claims. | ||
(ii) Subcapitation payments. | ||
(iii)
Other claim payments. | ||
(iv)
Direct reserves. | ||
(v)
Gross recoveries. | ||
(vi)
Expenses for activities that improve health | ||
care quality as allowed by the Department. | ||
(2) The medical loss ratio shall be calculated consistent | ||
with federal law and regulation following a claims runout | ||
period determined by the Department. | ||
(g-10)(1) "Liability effective date" means the date on |
which an MCO becomes responsible for payment for medically | ||
necessary and covered services rendered by a provider to one | ||
of its enrollees in accordance with the contract terms between | ||
the MCO and the provider. The liability effective date shall | ||
be the later of: | ||
(A) The execution date of a network participation | ||
contract agreement. | ||
(B) The date the provider or its representative | ||
submits to the MCO the complete and accurate standardized | ||
roster form for the provider in the format approved by the | ||
Department. | ||
(C) The provider effective date contained within the | ||
Department's provider enrollment subsystem within the | ||
Illinois Medicaid Program Advanced Cloud Technology | ||
(IMPACT) System. | ||
(2) The standardized roster form may be submitted to the | ||
MCO at the same time that the provider submits an enrollment | ||
application to the Department through IMPACT. | ||
(3) By October 1, 2019, the Department shall require all | ||
MCOs to update their provider directory with information for | ||
new practitioners of existing contracted providers within 30 | ||
days of receipt of a complete and accurate standardized roster | ||
template in the format approved by the Department provided | ||
that the provider is effective in the Department's provider | ||
enrollment subsystem within the IMPACT system. Such provider | ||
directory shall be readily accessible for purposes of |
selecting an approved health care provider and comply with all | ||
other federal and State requirements. | ||
(g-11) The Department shall work with relevant | ||
stakeholders on the development of operational guidelines to | ||
enhance and improve operational performance of Illinois' | ||
Medicaid managed care program, including, but not limited to, | ||
improving provider billing practices, reducing claim | ||
rejections and inappropriate payment denials, and | ||
standardizing processes, procedures, definitions, and response | ||
timelines, with the goal of reducing provider and MCO | ||
administrative burdens and conflict. The Department shall | ||
include a report on the progress of these program improvements | ||
and other topics in its Fiscal Year 2020 annual report to the | ||
General Assembly. | ||
(g-12) Notwithstanding any other provision of law, if the
| ||
Department or an MCO requires submission of a claim for | ||
payment
in a non-electronic format, a provider shall always be | ||
afforded
a period of no less than 90 business days, as a | ||
correction
period, following any notification of rejection by | ||
either the
Department or the MCO to correct errors or | ||
omissions in the
original submission. | ||
Under no circumstances, either by an MCO or under the
| ||
State's fee-for-service system, shall a provider be denied
| ||
payment for failure to comply with any timely submission
| ||
requirements under this Code or under any existing contract,
| ||
unless the non-electronic format claim submission occurs after
|
the initial 180 days following the latest date of service on
| ||
the claim, or after the 90 business days correction period
| ||
following notification to the provider of rejection or denial
| ||
of payment. | ||
(h) The Department shall not expand mandatory MCO | ||
enrollment into new counties beyond those counties already | ||
designated by the Department as of June 1, 2014 for the | ||
individuals whose eligibility for medical assistance is not | ||
the seniors or people with disabilities population until the | ||
Department provides an opportunity for accountable care | ||
entities and MCOs to participate in such newly designated | ||
counties. | ||
(h-5) Leading indicator data sharing. By January 1, 2024, | ||
the Department shall obtain input from the Department of Human | ||
Services, the Department of Juvenile Justice, the Department | ||
of Children and Family Services, the State Board of Education, | ||
managed care organizations, providers, and clinical experts to | ||
identify and analyze key indicators from assessments and data | ||
sets available to the Department that can be shared with | ||
managed care organizations and similar care coordination | ||
entities contracted with the Department as leading indicators | ||
for elevated behavioral health crisis risk for children. To | ||
the extent permitted by State and federal law, the identified | ||
leading indicators shall be shared with managed care | ||
organizations and similar care coordination entities | ||
contracted with the Department within 6 months of |
identification for the purpose of improving care coordination | ||
with the early detection of elevated risk. Leading indicators | ||
shall be reassessed annually with stakeholder input. | ||
(i) The requirements of this Section apply to contracts | ||
with accountable care entities and MCOs entered into, amended, | ||
or renewed after June 16, 2014 (the effective date of Public | ||
Act 98-651).
| ||
(j) Health care information released to managed care | ||
organizations. A health care provider shall release to a | ||
Medicaid managed care organization, upon request, and subject | ||
to the Health Insurance Portability and Accountability Act of | ||
1996 and any other law applicable to the release of health | ||
information, the health care information of the MCO's | ||
enrollee, if the enrollee has completed and signed a general | ||
release form that grants to the health care provider | ||
permission to release the recipient's health care information | ||
to the recipient's insurance carrier. | ||
(k) The Department of Healthcare and Family Services, | ||
managed care organizations, a statewide organization | ||
representing hospitals, and a statewide organization | ||
representing safety-net hospitals shall explore ways to | ||
support billing departments in safety-net hospitals. | ||
(l) The requirements of this Section added by Public Act | ||
102-4 shall apply to
services provided on or after the first | ||
day of the month that
begins 60 days after April 27, 2021 (the | ||
effective date of Public Act 102-4). |
(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; | ||
102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. | ||
8-20-21; 102-813, eff. 5-13-22.) | ||
Section 30. The Juvenile Court Act of 1987 is amended by | ||
changing Section 3-5 as follows: | ||
(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
| ||
Sec. 3-5. Interim crisis intervention services. | ||
(a) Any minor who
is taken into limited custody, or who | ||
independently requests
or is referred for assistance, may be | ||
provided crisis intervention services
by an agency or | ||
association, as defined in this Act,
provided the association | ||
or agency staff (i) immediately investigate the
circumstances | ||
of the minor and the facts surrounding the minor being taken
| ||
into custody and promptly explain these
facts and | ||
circumstances to the minor, and (ii) make a reasonable effort
| ||
to inform the minor's parent, guardian or custodian of the | ||
fact that the
minor has been taken into limited custody and | ||
where the minor is being
kept, and (iii) if the minor consents, | ||
make a reasonable effort
to transport, arrange for the | ||
transportation of, or otherwise release the
minor to the | ||
parent, guardian or custodian. Upon release of the child who
| ||
is believed to need or benefit from medical, psychological, | ||
psychiatric
or social services, the association or agency may | ||
inform the minor and the
person to whom the minor is released |
of the nature and location of appropriate
services and shall, | ||
if requested, assist in establishing contact between
the | ||
family and other associations or agencies providing such | ||
services. If the
agency or association is unable by all | ||
reasonable efforts to contact a parent,
guardian or custodian, | ||
or if the person contacted lives an unreasonable
distance | ||
away, or if the minor refuses to be taken to his or her home
or | ||
other appropriate residence, or if the agency or association | ||
is otherwise
unable despite all reasonable efforts to make | ||
arrangements for the safe
return of the minor, the minor may be | ||
taken to a temporary living
arrangement which is in compliance | ||
with the Child Care Act of 1969 or which
is with persons agreed | ||
to by the parents and the agency or association.
| ||
(b) An agency or association is authorized to permit a | ||
minor to be sheltered
in a temporary living arrangement | ||
provided the agency seeks to effect the
minor's return home or | ||
alternative living arrangements agreeable to the
minor and the | ||
parent, guardian , or custodian
as soon as practicable. No | ||
minor shall be sheltered in a temporary living arrangement for | ||
more than 21 business days. Throughout such limited custody, | ||
the agency or association shall work with the parent, | ||
guardian, or custodian and the minor's local school district, | ||
the Department of Human Services, the Department of Healthcare | ||
and Family Services, the Department of Juvenile Justice, and | ||
the Department of Children and Family Services to identify | ||
immediate and long-term treatment or placement. 48 hours, |
excluding Saturdays, Sundays, and court-designated holidays, | ||
when the agency has reported the minor as neglected or abused | ||
because the parent, guardian, or custodian refuses to permit | ||
the child to return home, provided that in all other instances | ||
the minor may be sheltered when the agency obtains the consent | ||
of the parent, guardian, or custodian or documents its | ||
unsuccessful efforts to obtain the consent or authority of the | ||
parent, guardian, or custodian, including recording the date | ||
and the staff involved in all telephone calls, telegrams, | ||
letters, and personal contacts to obtain the consent or | ||
authority, in which instances the minor may be so sheltered | ||
for not more than 21 days. If at any time during the crisis | ||
intervention there is a concern that the minor has experienced | ||
abuse or neglect, the Comprehensive Community Based-Youth | ||
Services provider shall contact the parent, guardian or | ||
custodian refuses to
permit the minor to return home, and no | ||
other living arrangement agreeable
to the parent, guardian, or | ||
custodian can be made, and the parent, guardian, or custodian | ||
has not made any other appropriate living arrangement for the | ||
child, the agency
may deem the minor to be neglected and report | ||
the neglect to the Department
of Children
and Family Services | ||
as provided in the Abused and Neglected Child Reporting
Act. | ||
The
Child Protective Service Unit of the Department of | ||
Children and Family Services
shall
begin an investigation of | ||
the report within 24 hours after receiving the report
and | ||
shall
determine whether to
file a petition alleging that the |
minor is neglected or abused as
described in Section 2-3 of | ||
this Act. Subject to appropriation, the Department may take | ||
the minor into temporary protective custody at any time after | ||
receiving the report, provided that the Department shall take | ||
temporary protective custody within 48 hours of receiving the | ||
report if its investigation is not completed. If the | ||
Department of Children and Family Services determines that the | ||
minor is not a neglected minor because the minor is an | ||
immediate physical danger to himself, herself, or others | ||
living in the home, then the Department shall take immediate | ||
steps to either secure the minor's immediate admission to a | ||
mental health facility, arrange for law enforcement | ||
authorities to take temporary custody of the minor as a | ||
delinquent minor, or take other appropriate action to assume | ||
protective custody in order to safeguard the minor or others | ||
living in the home from immediate physical danger.
| ||
(c) Any agency or association or employee thereof acting | ||
reasonably and
in good faith in the care of a minor being | ||
provided interim crisis
intervention services and shelter care | ||
shall be immune from any civil or
criminal liability resulting | ||
from such care.
| ||
(Source: P.A. 95-443, eff. 1-1-08.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |