SB0191 EngrossedLRB101 08506 SLF 53583 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mental Health and Developmental
5Disabilities Administrative Act is amended by changing Section
67.1 as follows:
 
7    (20 ILCS 1705/7.1)  (from Ch. 91 1/2, par. 100-7.1)
8    Sec. 7.1. Individual Care Grants.
9    (a) For the purposes of this Section 7.1, "Department"
10means the Department of Healthcare and Family Services.
11    (b) To assist families in seeking intensive
12community-based services or residential placement for children
13with mental illness, for whom no appropriate care is available
14in State-operated facilities, the Department shall supplement
15the amount a family is able to pay, as determined by the
16Department and the amount available from other sources,
17provided the Department's share shall not exceed a uniform
18maximum rate to be determined from time to time by the
19Department. The Department may exercise the authority under
20this Section as is necessary to implement the provisions of
21Section 5-5.23 of the Illinois Public Aid Code and to
22administer Individual Care Grants. The Department shall work
23collaboratively with stakeholders and family representatives

 

 

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1in the implementation of this Section.
2    (c) A child shall continue to be eligible for an Individual
3Care Grant if (1): the child is placed in the temporary custody
4of the Department of Children and Family Services under Article
5II of the Juvenile Care Act of 1987 because the child was left
6at a psychiatric hospital beyond medical necessity and an
7application for the Family Support Program was pending with the
8Department or an active application was being reviewed by the
9Department when the petition under the Juvenile Court Act of
101987 was filed; or (2) the child is placed in the guardianship
11of the Department of Children and Family Services under Article
12V of the Juvenile Court Act of 1987 because the child requires
13care in a residential treatment facility and an application for
14the Family Support Program was pending with the Department or
15an active application was being reviewed by the Department when
16the guardianship order was entered.
17    (d) If the Department determines that the child meets all
18the eligibility criteria for Family Support Services and
19approves the application, the Department shall notify the
20parents and the Department of Children and Family Services. The
21court hearing the child's case under the Juvenile Court Act of
221987 shall conduct a hearing within 14 days after all parties
23have been notified and determine whether to vacate the custody
24or guardianship of the Department of Children and Family
25Services and return the child to the custody of his or her
26parents with Family Support Services in place or whether the

 

 

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1child shall continue in the custody or guardianship of the
2Department of Children and Family Services and decline the
3Family Support Program. The court shall conduct the hearing
4under Section 2-4b or Section 5-711 of the Juvenile Court Act
5of 1987. If the court vacates the custody or guardianship of
6the Department of Children and Family Services and returns the
7child to the custody of the parent, guardian, or other adult
8respondent with Family Support Services, the Department shall
9become fiscally responsible for providing services to the
10child. If the court determines that the child shall continue in
11the custody of the Department of Children and Family Services,
12the Department of Children and Family Services shall remain
13fiscally responsible for providing services to the child, the
14Family Support Services shall be declined, and the child shall
15no longer be eligible for Family Support Services as long as
16the child remains in the custody or guardianship of the
17Department of Children and Family Services.
18    (e) The Department shall provide an expedited review
19process for applications for minors in the custody or
20guardianship of the Department of Children and Family Services
21who continue to remain eligible for Individual Care Grants. The
22Department shall work collaboratively with stakeholders,
23including legal representatives of minors in care, providers of
24residential treatment services, and with the Department of
25Children and Family Services, to ensure that minors who are
26recipients of Individual Care Grants under this Section and

 

 

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1Sections Section 2-4b and 5-711 of the Juvenile Court Act of
21987 do not experience a disruption in services if the minor
3transitions from one program to another. The Department shall
4adopt rules to implement this Section no later than July 1,
52019.
6(Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)
 
7    Section 10. The Juvenile Court Act of 1987 is amended by
8adding Section 5-711 as follows:
 
9    (705 ILCS 405/5-711 new)
10    Sec. 5-711. Family Support Program services; hearing.
11    (a) Any minor who is placed in the guardianship of the
12Department of Children and Family Services under Section 5-710
13while an application for the Family Support Program was pending
14with the Department of Healthcare and Family Services or an
15active application was being reviewed by the Department of
16Healthcare and Family Services shall continue to be considered
17eligible for services if all other eligibility criteria are
18met.
19    (b) The court shall conduct a hearing within 14 days upon
20notification to all parties that an application for the Family
21Support Program services has been approved and services are
22available. At the hearing, the court shall determine whether to
23vacate guardianship of the Department of Children and Family
24Services and return the minor to the custody of the parent or

 

 

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1guardian with Family Support Program services or whether the
2minor shall continue in the guardianship of the Department of
3Children and Family Services and decline the Family Support
4Program services. In making its determination, the court shall
5consider the minor's best interest, the involvement of the
6parent or guardian in proceedings under this Act, the
7involvement of the parent or guardian in the minor's treatment,
8the relationship between the minor and the parent or guardian,
9and any other factor the court deems relevant. If the court
10vacates the guardianship of the Department of Children and
11Family Services and returns the minor to the custody of the
12parent or guardian with Family Support Services, the Department
13of Healthcare and Family Services shall become financially
14responsible for providing services to the minor. If the court
15determines that the minor shall continue in the custody of the
16Department of Children and Family Services, the Department of
17Children and Family Services shall remain financially
18responsible for providing services to the minor, the Family
19Support Services shall be declined, and the minor shall no
20longer be eligible for Family Support Services.
21    (c) This Section does not apply to a minor:
22        (1) for whom a petition has been filed under this Act
23    alleging that he or she is an abused or neglected minor;
24        (2) for whom the court has made a finding that he or
25    she is an abused or neglected minor under this Act except a
26    finding under item (iv) of paragraph (a) of subsection (1)

 

 

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1    of Section 5-710 that an independent basis of abuse,
2    neglect, or dependency exists; or
3        (3) who has been the subject of an indicated allegation
4    of abuse or neglect by the Department of Children and
5    Family Services, other than for psychiatric lock-out, in
6    which the parent or guardian was the perpetrator within 5
7    years of the filing of the pending petition.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.