ADMINISTRATIVE CODE

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 310 DELIVERY OF YOUTH SERVICES FUNDED BY THE DEPARTMENT OF HUMAN SERVICES

SUBPART A: GENERAL PROVISIONS

Section 310.1 Purpose

Section 310.2 Definitions

SUBPART B: COMPREHENSIVE, COMMUNITY BASED SERVICES TO YOUTH

Section 310.10 Introduction

Section 310.11 Youth Service Goals

Section 310.12 Eligibility for Comprehensive, Community Based Youth Services

Section 310.13 Youth Services

Section 310.14 Access to Youth Services

Section 310.15 Client Service Plan

Section 310.16 Timeframes and Termination of Services

SUBPART A: GENERAL PROVISIONS

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 310 DELIVERY OF YOUTH SERVICES FUNDED BY THE DEPARTMENT OF HUMAN SERVICES
SECTION 310.1 PURPOSE

Section 310.1 Purpose

The purpose of this Part is to describe the service goals of the Department of Human Services funded youth services, the specific services available to youth and their families in order to attain the service goals, the requirements, methodology and standards which youth service providers must meet in providing services and, finally, the various Department of Human Services funded programs through which services are delivered.

Section 310.2 Definitions

"Adjudicated" means that the Juvenile Court has entered an order declaring that a child is neglected, abused, dependent, a minor requiring authoritative intervention, a delinquent minor or an addicted minor.

"Crisis intervention workers" in the context of this Part means employees of youth service providers who provide crisis intervention and family preservation and reunification services to youth and their families and attempt to remediate adolescent misbehavior.

"Delinquent" means any minor who prior to his seventeenth birthday violated or attempted to violate, regardless of where the act occurred, any federal or state law or municipal ordinance.

"Department" as used in this Part means the Department of Human Services.

"Homeless youth" means persons found within the State who are under the age of 21, are not in a safe and stable living situtation and cannot be reunited with their families.

"Limited custody" means that a law enforcement officer may, without a warrant, take into custody for up to six hours a minor who the law enforcement officer reasonably determines is:

absent from home without consent of the minor's parent, guardian or custodian; or

beyond the control of his or her parent, guardian or custodian in circumstances which constitute a substantial or immediate danger to the minor's physical safety.

During this limited custody, the officer shall attempt to return the child home. If these attempts are unsuccessful, the officer arranges for crisis intervention services by contacting an appropriate youth service agency or where appropriate, transporting the minor to a mental health or development disabilities facility for screening for voluntary or involuntary admission criteria under Chapter III, Article V of the Illinois Mental Health and Developmental Disabilities Code [405 ILCS 5/Ch. III, Art. V].

"Minor Requiring Authoritative Intervention" means any minor under eighteen years of age who is:

absent at home without consent of parent, guardian or custodian, or

beyond the control of his or her parent, guardian, or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety; after being taken into limited custody for the period provided for in this Section and offered interim crisis intervention services, where available, refuses to return home after the minor and his or her parent, guardian or custodian cannot agree to an arrangement for an alterative voluntary residential placement or to the continuation of such placement. Any minor taken into limited custody for the reasons specified in this Section may not be adjudicated a minor requiring authoritative intervention until the following number of days have elapsed from his or her having been taken into limited custody: 21 days for the first instance of being taken into limited custody and 5 days for the second, third, or fourth instances of being taken into limited custody. For the fifth or any subsequent instance of being taken into limited custody for the reasons specified in this Section, the minor may be adjudicated as requiring authoritative intervention without any specified period of time expiring after his or her being taken into limited custody, without the minor's being offered interim crisis intervention services, and without the minor's being afforded an opportunity to agree to an arrangement for an alternative voluntary residential placement. Notwithstanding any other provision of this Section, for the first instance in which a minor is taken into limited custody where one year has elasped from the last instance of his having been taken into limited custody, the minor may not be adjudicated a minor requiring authoritative intervention until 21 days have passed since being taken into limited custody.

"Placement Prevention Services" are services delivered to the youth and/or family to help the youth and his/her parents resolve and cope with family problems and disruptive behaviors in order to preserve the youth in his/her family home. Placement prevention services may include crisis intervention services, family reunification counseling, individual counseling and advocacy.

"Temporary Living Arrangement" means the placement of a youth into a licensed foster home, shelter, with a relative or in a placement mutually agreed upon by the parent(s) and child.

"Truant minor in need of supervision" as defined in Section 3-33 of the Juvenile Court Act [705 ILCS 405/3-33] means those reported by regional superintendents of schools, in counties of less than 2,000,000 inhabitants, as chronic truants to whom prevention, diagnostic, intervention and remedial services, and alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused. Chronic truant has the definition ascribed to it in Section 26-2a of the School Code [105 ILCS 5/26-2a].

"Youth" in the context of this Part means a minor under twenty-one years of age who is eligible as defined in Section 310.12 of this Part for the services delivered in this Part.

"Youth Services" include, but are not limited to, community services, primary prevention, outreach and recreational opportunities, including the use of indigenous community volunteers to provide programs designed to correct conditions contributing to delinquency; diversion services, including client advocacy, family counseling, employment and educational assistance and service brokerage; and emergency services, including 24-hour crisis intervention and shelter care; comprehensive independent living services, including outreach, referral for public assistance or other benefits to which homeless youth may be entitled, emergency shelter care homes, transitional support programs in a residential setting, outward bound experiences, and transitional independent living skills support, in a non-residential facility, with special emphasis on youth employment and training opportunities; initiatives to remove juveniles from adult jails and status offenders from secure detention; and specialized diversion and community corrections programs for juvenile delinquents.

"Youth Service Coordinators" are employees of the Department of Human Services assigned to develop, monitor and coordinate the youth services funded by the Department in each Region.

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)

SUBPART B: COMPREHENSIVE, COMMUNITY BASED SERVICES TO YOUTH

Section 310.10 Introduction

a) The Department of Human Services is the State agency which is responsible through its Division of Youth and Community Services for planning, developing, administering and funding a statewide comprehensive, community based program for adolescent services. Those duties and responsibilities are described in 89 Ill. Adm. Code 334, Administration and Funding of Community Based Services to Youth.

b) Comprehensive, Community Based Services to Youth is a program funded by the Department which strives to integrate youth services on a local level into a more comprehensive, community based youth service system.

c) The services to youth for which the Department may grant funds are primarily delivered by community based providers throughout the state who gain recognition from the Department as the designated provider for a specific local area through a process of competitive application as described in the aforementioned rules, 89 Ill. Adm. Code 334. As part of the recognition gaining process, local boards or service systems must indicate the specific target groups of youth to be served, the goals and objectives to be achieved, the services to be provided, as well as the program design and methodology for delivering those services. Those service delivery requirements are described in the rules contained in this Subpart B.

Section 310.11 Youth Service Goals

a) Primary Goal

The primary goal of youth services funded by the Department is the diversion of youth from the child welfare and juvenile justice systems through the provision of family preservation, family reunification and independent living services. Such services are directed at assuring that youth who come into contact or may come into contact with the child welfare or juvenile justice systems will have access to needed community, prevention, diversion, emergency or independent living services.

b) Permanency Goal

All youths receiving services will usually have the primary permanency goals of either family preservation or family reunification, or independence.

c) Family Preservation

When family preservation is the goal, services are directed toward helping the youth and his or her parents resolve and cope with family problems and disruptive behaviors in order to preserve the youth in his or her family home.

d) Family Reunification

When family reunification is the goal, services are directed toward helping the youth and his or her parents resolve and cope with family problems and disruptive behaviors in order to return the youth to his or her family home after short term foster care or shelter care or other temporary living arrangements.

e) Independence

When independence is the goal, services are directed toward helping the youth develop the ability to care for himself or herself and to become economically self-sufficient.

(Source: Amended at 11 Ill. Reg. 10193, effective June 1, 1987)

Section 310.12 Eligibility for Comprehensive, Community Based Youth Services

a) Department funded youth services must be provided to the following categories of youth:

1) Youth who have been taken into limited custody by the police as potential minors requiring authoritative intervention (MRAI's) for one of the following reasons:

A) absence from home without parental consent; or

B) beyond the control of parents in circumstances which constitute a substantial or immediate danger to the youth's physical safety.

2) Youth absent from home without parental consent or beyond the control of parents in circumstances which constitute a substantial or immediate danger to the youth's physical safety who are referred by Department of Children and Family Services field offices, Department of Children and Family Services' child protective teams or the State Central Register operated by the Department of Children and Family Services, including youth whose parents refuse to take custody.

3) MRAI or behavior problem wards of the Department of Children and Family Services for whom family reunification is the permanency goal and for whom termination of custody or guardianship is possible.

4) Multi-problem youth referred for in-home services by the Governor's Youth Service Initiative.

b) Department funded youth services may be provided at the discretion of the local board or local service system to the following categories of youth:

1) youth adjudicated MRAI, including youth adjudicated MRAI and in violation of a court order;

2) delinquents at risk of court petition, adjudication or commitment to the Department of Corrections;

3) other youth exhibiting behavior problems;

4) youth in need of prevention and youth development opportunities;

5) adjudicated non-violent delinquents who will be committed to the Department of Corrections if services are not provided who qualify, as part of their individual treatment plan, for services provided by the local board or local services system. Services to these youth are mandatory where the Unified Delinquency Intervention Services (UDIS) Program exists; otherwise services are optional;

6) homeless youth 18 through 20 years of age in need of shelter and independent living services.

7) truant minors in need of supervision referred by regional school superintendents (not applicable in Cook County).

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)

Section 310.13 Youth Services

a) The needs of youth defined in Section 310.12 are met through a variety of programs which offer a mix of services depending on the needs of the youth.

1) The services which must be available include:

A) crisis intervention services;

B) family preservation/reunification services;

C) temporary living arrangement services;

D) networking.

2) The services which may be available by direct provision or through referral include:

A) counseling services, including individual, family and group counseling;

B) advocacy services;

C) employment and education assistance;

D) access to and coordination with polydrug/alcohol programs;

E) service brokerage; and

F) interaction with youth by volunteers indigenous to the community.

b) Crisis Intervention Services

Crisis intervention services shall be provided to self-referred youth as defined in Section 310.12(a)(3) and youth referred by law enforcement officers when the youth have been taken into limited custody and cannot be safely released by the referring officer to their parent, guardian or custodian. Crisis intervention services shall be available on a 24-hour basis.

1) When accepting a referral of a youth, providers under contract for crisis intervention services shall verify that the youth is one described in Sections 3-4 of the Juvenile Court Act [705 ILCS 405/3-4].

2) The crisis intervention provider, upon receipt of a referral of a minor who has been in limited custody, must:

A) 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;

B) make a reasonable effort to inform the minor's parents, guardian or custodian of the facts that the minor has been taken into limited custody and where the minor is being kept;

C) 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 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 agencies providing such services.

D) if the provider is unable by all reasonable efforts to contact a parent, guardian or custodian, or if the person contacted lives at an unreasonable distance, or if the minor refuses to be taken to his or her home or other appropriate residence, or if the provider 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.

3) For homeless youth under 18 years of age who are self-referred, crisis intervention services shall be provided until or unless determined during the 21 days of temporary placement that the needs of the youth require that other service options be utilized. Other services options include, but are not limited to:

A) Independent living services,

B) Referral for child welfare services,

C) Referral to the local law enforcement agency for limited custody,

4) Crisis intervention providers must also provide family preservation services prior to placement. This must be documented in the client service plan. Compliance with subsections (b)(2)(A), (B) and (C) shall be documented in the client service plan.

5) All crisis intervention workers will respond to crisis intervention referrals by arriving on site within ninety (90) minutes in rural areas and sixty (60) minutes in urban and suburban areas unless alternative time frames are negotiated with appropriate law enforcement officials and approved by vote of the recognized local board or board of directors of the local service system.

6) Crisis intervention services will include emergency intake procedures described in subsections (b)(2) through (4) above. Emergency intake will be done on a 24-hour per day, no-decline basis for all youth who meet the criteria, referred by law enforcement, court personnel or Department of Children and Family Services staff. Ideally, initial intervention will result in the youth's returning home with the parent(s) or placement in a temporary living arrangement agreed upon by the youth, parent(s) and the provider. If it is impossible for the youth to return home, the youth will be placed in a licensed child care facility, with a relative or in a mutual consent placement. Placement will be done using the placement procedures described below in subsection (d).

7) Other requirements of crisis intervention services shall include the following:

A) The provider shall accompany youth and parents to all court appearances and appointments with court personnel.

B) Services will include family reunification counseling.

C) Services will include individual counseling.

D) The provider will cooperate with other agencies providing services to the youth and/or family.

E) Services shall include crisis intervention services outreach visit to the family and visits between the youth and the parent(s). In every case a plan for family visitation will be developed for all youth. In addition to individual contacts, the following may be delivered: assisting the youth and family in locating and using community resources that alleviate the youth's and the family's problem and reinforce the strengths, and accompanying the youth family to court screenings and hearings.

F) When a youth is placed in a licensed child care facility not providing its own crisis intervention services, the provider will supply crisis intervention services via face-to-face and telephone contacts with the youth and foster parents. The purpose of these contacts will be to ascertain the adjustment of the youth to the foster home, to provide support to the foster parents, and to facilitate the youth's return home. The crisis intervention worker will also be expected to provide the foster parent with his/her name, telephone number, and other relevant information regarding the youth. The worker will arrange visits between the parent and the youth unless infeasible due to factors such as distances or refusal to visit.

c) Family Preservation/Reunification Services

Family preservation/reunification services are services delivered to the youth and/or family to help the youth and the youth's parents resolve and cope with family problems and disruptive behaviors in order to preserve the youth in his or her family home or to reunite the youth with his or her family. Family preservation services include crisis intervention services, individual or family counseling and advocacy.

d) Temporary Living Arrangement Services

In the course of providing crisis intervention services, it may be necessary for a youth service agency to take a youth to a temporary living arrangement. When a temporary living arrangement is necessary the following must be observed:

1) All agencies providing placement services must be licensed as child welfare agencies by the Department of Children and Family Services. See 89 Ill. Adm. Code 401 (Licensing Standards for Child Welfare Agencies).

2) Before a youth can be placed outside his or her home, the following conditions must exist:

A) The youth must be under the age of eighteen.

B) The youth must not be known to be a child for whom the Department of Children and Family Services is legally responsible, as defined in Department of Children and Family Services rules at 89 Ill. Adm. Code 327 (Permanency Advocacy Services), unless an exception is granted by the youth service coordinator to simplify administration.

C) It must be determined that the youth cannot be returned to his or her own home due to one of the following:

i) At the time of the youth service agency intervention, transportation is unavailable or cannot be arranged so that the youth can be returned home immediately; or

ii) Parents cannot be located to effect an immediate return home; or

iii) Placement prevention, family preservation, crisis intervention services have been used and have failed to effect family reunification: youth refuses to return home, or parents refuse to receive the youth home; or

iv) The youth's safety or well-being are in danger. Moreover, if, in the assessment of the crisis intervention worker, there is reasonable cause to believe that the youth may be abused or neglected, the youth service agency shall immediately report suspected abuse or neglect by calling the State Central Register with the Department of Children and Family Services via its toll free number (1-800-25A-BUSE).

3) When placement into a temporary living arrangement as defined in Section 310.2 is determined to be appropriate the following steps must be taken:

A) Determine whether the placement facility is licensed by the Department of Children and Family Services.

B) Verify that the placement facility has a contract with the Department of Human Services, a subcontract with a provider under contract with the Department of Human Services or a subcontract with a local board or local service system, if payment by the Department of Human Services is sought.

C) Determine that the assessed needs of the child are consistent with the services provided by the placement facility.

D) Determine whether the placement is being utilized with the written consent of the youth's parents or guardian or without it.

E) Determine whether the placement is consistent with Department of Children and Family Services placement selection rules and procedures: see 89 Ill. Adm. Code 301 (Placement and Visitation Services), Subpart C of which states that "children who need placement shall:

i) be placed in the least restrictive setting which most closely approximates a family and in which the children's needs will be met; and

ii) be placed within reasonable proximity to their homes, taking into account any special needs of the child and family and the availability of the service resources needed for the child and family; and

iii) be placed, if possible, in a home that most closely approximates the religious, and cultural background of the biological family; and

iv) be placed in the home of a relative when the child can benefit from the relationship between the parent(s), the relative and the child; and

v) be placed, if a child of American Indian heritage, according to criteria described in Department of Children and Family Services rules, 89 Ill. Adm. Code 307 (Indian Child Welfare Services)."

4) All youth service providers who place a youth will document in the client service file that the provisions and criteria contained in subsections (d)(2) and (3) above have been met.

5) Youth service providers may arrange for or provide changes in placement when requested by the youth or placement provider.

6) While temporary placement is provided for youth up to forty-eight hours excluding Saturdays, Sundays and court designated holidays, placement may be extended for up to twenty-one days if:

A) The parent(s) or guardian consent to continued placement; or

B) The youth service agency documents its unsuccessful efforts to contact a parent or guardian, including recording the date, time and staff involved in all telephone calls, telegrams, letters and personal contacts to obtain the consent or authority.

7) Youth placed in temporary living arrangement remain in the legal custody of the parent(s) or guardian during the temporary living arrangement period.

8) Any youth in placement must have the opportunity for with his or her family unless infeasible due to factors such as distance or refusal to visit. A visitation plan will be developed for all youth.

9) Consent to medical care of youth placed in temporary living arrangements remains the right and responsibility of the youth's parent(s) or guardian. When the youth's parent(s) or guardian refuse to consent to emergency medical care or when the parent(s) or guardian cannot be contacted, a hospital or physician licensed to practice medicine in all its branches may render emergency treatment per Section 3 of the Consent by Minors to Medical Procedures Act [410 ILCS 210/3].

10) The youth service provider must make every attempt to assure that the youth's education is not interrupted during placement. The youth will attend the same school in which he or she was enrolled at the time of placement unless factors such as distance make this impossible or burdensome.

e) Network Panel

Agencies providing services under the proposed grant shall meet at least quarterly or at time intervals which are approved by vote of the recognized local board or board of directors of the local service system in a network panel to clarify case management and organizational responsibilities and to develop interagency case plans for multi-problemed youth. This network panel will screen and, if requested by the Governor's Youth Services Initiative Coordinators, develop case plans for all Governor's Youth Service Initiative referrals and Department of Human Services referrals. The Department of Human Services, probation, mental health, employment and training, education and other key youth service agencies will also be requested to participate at all meetings.

f) Counseling Services

Counseling is provided to youth and families to assist them in resolving or coping with problems as well as in identifying, obtaining and using community resources and services. Problems addressed include, but are not limited to: unsatisfactory parent-child relationships; marital discord; inadequate home management, housekeeping or child care practices; parental illness, handicap, desertion or absence; and physical or mental handicap, or behavior of the youth which adversely affects his ability to adjust to his family, school or community.

g) Advocacy Services

Advocacy services are provided for youth and their families to assist them in resolving personal family and social/institutional problems. Advocacy services include activity with the youth which provides emotional support, role modeling, personal and family resource development, accompanying the youth and family to appropriate court appearances and appointments with court personnel and providing or arranging for transportation for a youth.

h) Employment and Education Assistance

Employment and education assistance is offered to youth in applying for, locating and securing employment and training for employment and in obtaining access to educational programs and achieving educational goals.

i) Access to Polydrug/Alcohol Services

Access to polydrug and alcohol services is offered to youth experiencing problems with polydrug and alcohol abuse and to youths as a prevention means to provide information about the effects of the use and abuse of polydrugs and alcohol.

j) Service Brokerage

Providers of youth services will ensure that linkages and referral procedures are formed with other community programs which provide needed services not available through the youth service provider's own program. Agreements should be established with drug, alcohol, mental health treatment programs and employment and training programs to assure that youth may be referred and have access to such programs.

k) Volunteer Services

Services are provided with the use of indigenous community volunteers to provide supportive services to youth, advocate for youth and remediate the conditions in the community which inhibit youth development and foster adolescent misbehavior and family instability.

l) Shelter and Independent Living Services Access to shelter and independent living services are offered to homeless youth age 18 through 20 where these services are available.

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)

Section 310.14 Access to Youth Services

a) To obtain services eligible youth as defined in Section 310.12(a) must be referred in one of the following ways:

1) Through a request from a law enforcement officer for interim crisis intervention services for a youth taken into limited custody.

2) Through a referral from the State Central Register operated by the Department of Human Services, Department of Children and Family Services field offices or child protection teams.

3) Through self-referred by the youth.

4) Through referrals from the Governor's Youth Services Initiative.

b) Eligible youth as defined in Section 310.14(b) may at the discretion of the local board or local service system gain access for services in one of the following ways:

1) Through referrals from courts of youth who are adjudicated delinquent or a minor requiring authoritative intervention.

2) Through self referrals by the youth or family.

3) Through referrals from schools and other agencies.

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)

Section 310.15 Client Service Plan

a) Each youth and family served shall have a written client service plan established between the local service provider and the youth and family served.

b) Service plans shall be completed within ten working days of the first service contact and shall be updated as the youth and family situation changes.

c) The service plan shall include the following:

1) Names of youth and family served.

2) Legal status of youth.

3) The problems to be overcome and the needs to be met.

4) Permanency goals and interim objectives.

5) Services provided to resolve problems, meet needs and achieve goals and objectives.

6) Justification for any placement.

7) Visitation plan for any youth in placement.

8) Timeframes for achieving goals and objectives.

9) Documentation of compliance with the provisions of Department of Human Services contracts.

10) Social investigation interviews if court petition is necessary.

11) Evaluation of progress toward meeting goals and objectives.

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)

Section 310.16 Timeframes and Termination of Services

a) Total involvement of youth in youth services funded by the Department of Human Services is time limited. No youth and/or family shall receive more than eight weeks of service without a staffing on the youth and family and written documentation of the need to continue services to achieve permanency goals. The staffing shall involve the worker and his/her supervisor. Staffings shall be documented in case records or client service plans.

b) Crisis intervention/placement services may be offered for a maximum of fourteen calendar days with possible extensions of seven days granted by the youth services coordinator when the efforts to reunify the family have been unsuccessful. At this time the youth service coordinator shall also ensure that a court pre-screening is held if necessary.

c) For each youth who receives services, the youth service provider must formulate a discharge plan which contains the following:

1) The youth's progress during service;

2) Recommendations for aftercare/followup that will ensure family preservation;

3) Measures taken by the provider to ensure that all necessary aftercare and follow-up services will take place to ensure family preservation;

4) If the youth cannot be returned to the parent(s) or guardian following placement, the plan must contain the reasons for failure to reunify the family, the plan for the youth's living situation and the interim objectives set that will accomplish an eventual return, if possible.

(Source: Amended at 13 Ill. Reg. 7308, effective May 15, 1989)