Public Act 103-0984
 
SB3367 EnrolledLRB103 37280 KTG 67401 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Children and Family Services Act is amended 
by changing Sections 9.1 and 9.3 as follows:
 
    (20 ILCS 505/9.1)  (from Ch. 23, par. 5009.1)
    Sec. 9.1. The Department shall adopt rules no later than 
January 1, 2026 regarding The parents or guardians of the 
estates of children accepted for care and training under the 
Juvenile Court Act or the Juvenile Court Act of 1987, or 
through a voluntary placement agreement with the parents or 
guardians shall be liable for the payment to the Department, 
or to a licensed or approved child care facility designated by 
the Department of sums representing charges for the care and 
training of those children at a rate to be determined by the 
Department. The Department shall establish a standard by which 
shall be measured the ability of parents or guardians to pay 
for the care and training of their children, and shall 
implement the standard by rules governing its application. The 
standard and the rules shall take into account ability to pay 
as measured by annual income and family size. Medical or other 
treatment provided on behalf of the family may also be taken 
into account in determining ability to pay if the Department 
concludes that such treatment is appropriate. In addition, the 
Department may provide by rule for referral of Title IV-E 
foster care maintenance cases to the Department of Healthcare 
and Family Services for child support enforcement services 
under Title IV-D of the Social Security Act. It is the policy 
of the State that in order to preserve the financial security 
of a child's parent seeking reunification, the Department will 
not refer cases for child support enforcement services or seek 
an assignment of rights of child support regarding any child 
prior to the permanency goal of return home being ruled out by 
the court in accordance with the Juvenile Court Act of 1987. 
The Department may refer cases for child support enforcement 
services, consistent with rules, after the permanency goal of 
return home has been ruled out by the court in accordance with 
the Juvenile Court Act of 1987. The Department shall adopt 
rules by January 1, 2026 establishing additional policies or 
criteria to consider to ensure compliance with this Section 
and federal law regarding referral for child support 
enforcement or assignment of rights of child support for 
children where a return home goal has been ruled out in 
accordance with the Juvenile Court Act of 1987. The Department 
shall consider "good cause" as defined in regulations 
promulgated under Title IV-A of the Social Security Act, among 
other criteria, when determining whether to refer a case and, 
upon referral, the parent or guardian of the estate of a child 
who is receiving Title IV-E foster care maintenance payments 
shall be deemed to have made an assignment to the Department of 
any and all rights, title and interest in any support 
obligation on behalf of a child. The rights to support 
assigned to the Department shall constitute an obligation owed 
the State by the person who is responsible for providing the 
support, and shall be collectible under all applicable 
processes. 
    The acceptance of children for services or care shall not 
be limited or conditioned in any manner on the financial 
status or ability of parents or guardians to make such 
payments.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
    Sec. 9.3. Declarations by parents and guardians. 
Information requested of parents and guardians shall be 
submitted on forms or questionnaires prescribed by the 
Department or units of local government as the case may be and 
shall contain a written declaration to be signed by the parent 
or guardian in substantially the following form:
    "I declare under penalties of perjury that I have examined 
this form or questionnaire and all accompanying statements or 
documents pertaining to my income, or any other matter having 
bearing upon my status and ability to provide payment for care 
and training of my child, and to the best of my knowledge and 
belief the information supplied is true, correct, and 
complete".
    A person who makes and subscribes a form or questionnaire 
which contains, as herein above provided, a written 
declaration that it is made under the penalties of perjury, 
knowing it to be false, incorrect or incomplete, in respect to 
any material statement or representative bearing upon the 
parent's or guardian's status as a parent or guardian, or upon 
the parent's or guardian's income, resources, or other matter 
concerning the parent's or guardian's ability to provide 
parental payment, shall be subject to the penalties for 
perjury provided for in Section 32-2 of the Criminal Code of 
2012.
    Parents who refuse to provide such information after three 
written requests from the Department will be liable to the 
extent liability is consistent with the standards and rules 
described in Section 9.1 for the full cost of care provided, 
from the commencement of such care until the required 
information is received.
(Source: P.A. 103-22, eff. 8-8-23.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/9/2024