ADMINISTRATIVE CODE

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 334 ADMINISTRATION AND FUNDING OF COMMUNITY-BASED SERVICES TO YOUTH

Section 334.1 Purpose

Section 334.2 Definitions

Section 334.3 Regional Youth Planning Committees

Section 334.4 Establishment of Service Areas

Section 334.5 Recognition of Local Boards or Local Service Systems

Section 334.6 Requirements of the Governing Boards of the Local Board or Service System

Section 334.7 Application Requirements for Recognition as a Local Board or Local Service System

Section 334.8 Competitive Application Renewal and Recompetition

Section 334.9 Review of Competitive Applications for Recognition of a Local Board or Local Service System

Section 334.10 Areas Without Designated Local Boards or Local Service Systems

Section 334.11 Target Groups to be Served by Local Boards or Local Service Systems

Section 334.12 Service Components of Community-Based Services

Section 334.13 Community Youth Service Plan

Section 334.14 Funding of Community-Based Youth Services

Section 334.15 Review and Monitoring of Community Youth Service Plans

TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 334 ADMINISTRATION AND FUNDING OF COMMUNITY-BASED SERVICES TO YOUTH
SECTION 334.1 PURPOSE

Section 334.1 Purpose

The purpose of this Part is to describe:

a) The responsibilities of the Department in developing, maintaining and administering a statewide program of community-based services to youth through:

1) The establishment of Regional Youth Planning Committees

2) The establishment, recognition and annual renewal of service areas and local boards or local service systems; and

3) The funding of comprehensive, community-based youth services.

b) The requirements of local bodies which seek to be recognized as the local board or local service system responsible for developing, administering, assuring provision of and coordinating more comprehensive and integrated community-based youth services.

Section 334.2 Definitions

"Community-Based Youth Services" means services to youth funded by the Department through contracts or grants that are delivered by community-based youth service agencies as described in 89 Ill. Adm. Code 310, Delivery of Youth Services Funded by the Department of Human Services.

"Community-Based Youth Services Agency" means an agency which provides any or all of the services listed in 89 Ill. Adm. Code 310 to respond to the needs of youth in an established service area.

"Direct Financial Interest" means any type of monetary gain from a Department funded program such as that acquired by salaried staff of Department funded programs and their immediate relatives or Department staff.

"Division of Youth and Community Services" is responsible for developing a state program for adolescent services which will assure that youth who come into contact or may come into contact with the child welfare and juvenile justice systems will have access to needed prevention, diversion or treatment resources.

"Funding Formula" means the formula used to allocate funds appropriated for comprehensive community-based services to youth.

"Governor's Youth Service Initiative (GYSI)" is a multi-state agency program to develop and implement treatment plans for multi-problem youth referred by the Juvenile Court. Participating agencies are the Department of Children and Family Services, the Illinois Board of Education, the Department of Human Services and the Department of Corrections.

"In kind match" as used in Section 334.14(b)(3) means volunteer time, commodities, supplies, equipment, rents or leases calculated at fair market value.

"Local Board" means a not-for-profit corporation recognized by the Department and established to develop, manage, provide for and coordinate comprehensive and integrated community-based youth services. None of the members of a local board may sit on the governing boards of directors or be employed at agencies with whom the local board may be contracting or subcontracting. A local board has responsibility for ensuring compliance with provisions of all contracts with the Department.

"Local Financial Commitment" means the 10% minimum local public or private financial or in-kind commitment allocated to supplement the local board's or local service system's formula funds.

"Local Needs Assessment" means a process undertaken at the local level which yields insight into why youth are or may be coming into contact with the child welfare or juvenile justice system. This process includes an analysis and review of juvenile justice, child welfare and demographic data, and the results of information gathered from community leaders and youth.

"Local Service System" means a not-for-profit lead agency corporation or a not-for-profit corporation of a network of youth service providers which is recognized by the Department and established to develop, administer, provide for and coordinate comprehensive and integrated community-based youth services. The local service system may be governed by the board of directors of the lead agency or a corporate board of directors comprised of members of the boards of the participating agencies. A local service system has responsibility for ensuring compliance with provisions of all contracts with the Department.

"Minor Requiring Authoritative Intervention (MRAI)" means any minor under 18 years of age (1) who is: (a) absent from home without consent of parent, guardian or custodian, or (b) 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; and (2) who, 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 alternative voluntary residential placement or to the continuation of such placements. 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 elapsed 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.

"New Program Development and Innovation" means the development of new programs where none exist, the expansion of existing programs, the demonstration of new program models to test their effectiveness, the provision of support services and the provision of the minimum level of services as specified in Department contracts.

"Placement Prevention Services" are services delivered to the youth and 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. Advocacy is defined in 89 Ill. Adm. Code Section 310.13.

"Secretary" means the Secretary of the Department of Human Services or his or her designee.

"Service areas" means the areas established and recognized by the Department within which local boards or local service systems assure provision of services.

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

(Source: Amended at 11 Ill. Reg. 9869, effective June 1, 1987)

Section 334.3 Regional Youth Planning Committees

a) The Department shall establish regional youth planning committees in accordance with 89 Ill. Adm. Code 428, Department Advisory Council, Illinois Juvenile Justice Commission and Other Statewide and Regional Committees.

b) The powers and duties of the regional youth planning committees are:

1) To receive the local needs assessment of each local board or local service system in its region.

2) To review available data, conduct annual meetings to allow persons from the region who are interested in youth to present their views and invite written comments on the needs and problems of youth which are presented in the community youth service plans for their region.

3) To prepare for submission to the Department, for review and approval, an annual plan that addresses all the established service areas and which includes assessments which are based on the annual youth needs and problem assessment.

4) To review and comment on each application for recognition as a local board or local service system which is submitted to the Department within 30 calendar days of the application's submission to the Department.

5) To review and comment on the community youth service plans which are submitted by local boards or local service systems to assure that those plans are compatible with the regions' annual plan.

(Source: Amended at 9 Ill. Reg. 2240, effective February 1, 1985)

Section 334.4 Establishment of Service Areas

a) The Department shall establish the geographic areas of the state for which competitive applications may be submitted to identify the entity which will provide youth services in that area.

b) In establishing service areas, the Department shall consider the following:

1) Natural geographic or political boundaries that currently exist in the state such as counties or townships.

2) Community areas within municipalities which have already been established with their own sense of identity and history of working on community problems.

3) Clusters of the above which have developed a common sense of identity and shared working arrangements aimed at serving a shared population.

4) Population.

5) Existing service areas such as Department field offices, mental health planning areas and police districts and areas, social service networks and local government funded programs.

c) Service areas shall contain a population of at least 40,000 but no more than 650,000.

d) Applicants may request to combine adjacent service areas to form the service area of a single local board or local service system. No more than three service areas may be so combined. Service areas may be combined when doing so promotes economies of scale which will result in improved service delivery.

e) The Department reserves the right to change or eliminate service areas, in whole or in part, in accordance with the factors delineated in Section 334.5 (b), (c), and (d). In the event that a service area applied for is modified by the Department, the local board or local service system will have 6 months from the date of designation as a local board or local service system to comply with Section 334.6.

f) The Department may also negotiate changes in service areas with potential local boards or local service systems.

Section 334.5 Recognition of Local Boards or Local Service Systems

On the basis of competitive applications, the Department may recognize a local board or local service system as the body responsible for comprehensive and integrated community-based youth services in an established service area. In recognizing such a body, the Secretary shall determine that the competitive application demonstrates that this applicant will provide the best service system among all competing applications and shall be accountable to the service area as demonstrated by its compliance with Section 334.6.

Section 334.6 Requirements of the Governing Boards of the Local Board or Service System

a) Any body, in order to be recognized as the governing board of a local board or local service system, shall be legally incorporated under the laws of the State of Illinois and must not be a profit-making corporation.

b) Subcomponents of a larger not-for-profit corporation may be recognized by the Secretary, on a case by case basis, as local service systems if they meet the requirements in Section 334.6(c) through (f) of this Part.

c) The board of the local board or local service system shall conduct at least six meetings per year with an attendance of at least 51% of the membership at each meeting.

d) No member of the board of the local board or local service system may have any direct financial interest in any Department-funded program.

e) The board of the local board or local service system shall have the following authority and responsibilities:

1) Review and approval of at least summaries of all youth service proposals, grants, plans and budgets submitted to the Department by the local board or local service system.

2) Review and approval of all summaries of program and fiscal reports submitted to the Department.

3) Overall review, approval and monitoring of expenditures in accordance with Departmental contracts.

4) Appointment and oversight of the chief executive officer of the local board or local service system.

5) Maintenance of written records of all meetings of the governing board.

6) Monitoring of the implementation of the personnel policy.

7) Review, approval and monitoring of all contracts and subcontracts established.

8) Ensuring that all relevant laws, regulations and procedures are complied with including all laws, Department rules, procedures and contract requirements and guidelines.

9) Assuring that youth service grants, contracts and budgets are implemented as approved.

10) Approval and monitoring of all aspects of a service provision within the service area.

11) Approval of an affirmative action plan.

f) Each board of the local board or local service system shall have the following membership composition:

1) A minimum of 11 members.

2) Representatives of at least the following community perspectives, provided that those representatives will not advocate for the specific organization with which they are affiliated:

A) Law enforcement

B) Juvenile court, probation, state's attorney, court advocates or court volunteers

C) Education

D) Persons 23 years of age or less

E) Religious community

F) Social service or service organizations

G) Commerce or labor

3) Membership shall reflect the demographic composition of the service area. The majority of members shall live in the service area.

4) No member of the board of the local board or local service system may have a direct financial interest in the affairs of the local board or local service system or be an immediate relative of any person with a direct financial interest.

5) Each board of the local board or local service system shall elect or designate a fiscal officer.

Section 334.7 Application Requirements for Recognition as a Local Board or Local Service System

Each application for recognition as a local board or local service system shall include:

a) The results of the youth needs assessment which shall include:

1) A review of the demographic, school, child welfare and juvenile justice data to profile youths in the service area.

2) Input from youths and from key participants in the community, including government officials, justice officials, service providers and other local leaders interested in youth.

3) A description of the services which are currently available and will continue to be available to youth. Emphasis must be placed on full use of existing and potential local development resources so that funds received pursuant to this part supplement but not supplant existing local funds.

b) A clear definition of the target group to be served as described in Section 310.12 of Part 310, Delivery of Youth Services Funded by the Department of Human Services.

c) Goals and measurable objectives which address the needs of youths identified in the youth needs assessment and which achieve the following Department goals:

1) Diversion of youths from the juvenile justice and child welfare systems;

2) Development of more comprehensive and integrated services characterized by a continuum of care which consolidates categorical programs;

3) Family preservation and the maintenance of youth in their own communities;

4) Family reunification;

5) To encourage the use of volunteers and voluntary associations;

6) To address voids in services and close service gaps;

7) To respond to all crisis cases within time standards as set forth in 89 Ill. Adm. Code Section 310.13(b);

8) To receive Department referrals to divert youth from child protective services and Child Welfare Services;

9) Maintenance of an active liaison with the court and police to divert youth from Juvenile Court involvement;

10) To develop programs aimed at strengthening the relationships between adolescents and their families;

11) Coordination of education, employment, training and other programs for youth.

d) A description of the program design and methodology which includes a plan for the local board or local service system to assure the provision of service components described in Section 334.12.

e) A list of the providers of each of the proposed services and a description of the procedures for case planning/case management which demonstrate continuity of service and assurance of accountability for each case.

f) A budget which details direct and indirect costs of service provision, units of service to be provided, unit costs and administrative costs.

g) A plan for evaluation by the local board or local service system of its effectiveness and efficiency in achieving its goals.

h) An indication of local financial or in-kind support and the applicants' plan to increase local financial and in-kind support.

i) A statement that all state funds will be used to supplement rather than supplant other local funds available for these services. This section should demonstrate that maximum use is made of existing resources.

j) Proposed membership and bylaws of the local board or local service system.

k) Assurance of compliance with all local board or local service system rules, procedures and standards.

l) Identification of the service area(s) which the applicant proposes to serve.

m) Cooperative support as evidenced by a working agreement or letter of understanding with police departments and/or juvenile courts in the service area.

n) A Table of Organization and a flow chart diagraming the service system.

o) A statement of the experience of the providers in providing the services.

p) Cooperative agreements as evidenced by a working agreement or letter of understanding with Department Regions.

Section 334.8 Competitive Application Renewal and Recompetition

a) The Department may renew each designated local board or local service system annually for three consecutive years. Renewal will be accomplished by recontracting on the first day of the fiscal year, unless the local board or local service system has substantially breached the contract or declines redesignation.

b) The Department will require a competitive application process for each service area in the state at least every four years.

Section 334.9 Review of Competitive Applications for Recognition of a Local Board or Local Service System

a) In reviewing competitive applications pursuant to 89 Ill. Adm. Code 357.6, the Department shall use members of the Regional Youth Planning Committees. No person shall review any proposal in which they have any direct or indirect organizational affiliation or financial interest.

b) In all cases of establishment, recognition, designation and renewal of service areas and the status of local boards or local service systems, the Secretary shall make the final decision based upon factors including the factors contained in 89 Ill. Adm. Code 357.6, and comments from the regional youth planning committees.

(Source: Amended at 9 Ill. Reg. 2240, effective February 1, 1985)

Section 334.10 Areas Without Designated Local Boards or Local Service Systems

In those areas where pursuant to Section 334.9 of this Part, the Department does not designate a local board or local service system, or where no application for designation as a local board or local service system is received, the Department may provide services identified in 89 Ill. Adm. Code 310, Delivery of Youth Services Funded by the Department of Human Services, based on the availability of funds and service resources.

(Source: Amended at 9 Ill. Reg. 2240, effective February 1, 1985)

Section 334.11 Target Groups to be Served by Local Boards or Local Service Systems

a) Local boards or service systems, in order to be considered for recognition and funding, must serve all youth mandated for service as identified in 89 Ill. Adm. Code 310, (Delivery of Youth Services Funded by the Department of Human Services).

b) All youth served, except those for whom the Department of Children and Family Services is legally responsible pursuant to 89 Ill. Adm. Code 304 (Access to and Eligibility for Child Welfare Services), shall be under 18 years of age except homeless youth who shall be under 21 years of age. Special exception may be made by the Department of Human Services pursuant to 20 ILCS 505/17a-1.

c) Resources will be prioritized by targeting youth at greatest risk of adjudication and commitment to the Department of Children and Family Services and for youth referred to the Unified Delinquency Intervention Services Program in lieu of the commitment to the Department of Corrections.

(Source: Amended at 13 Ill. Reg. 6986, effective May 15, 1989)

Section 334.12 Service Components of Community-Based Services

a) In order to be considered for recognition and funding, local boards or local service systems must describe how the following services listed in 89 Ill. Adm. Code 310, (Delivery of Youth Services Funded by the Department of Human Services) will be provided:

1) 24-hour crisis intervention services available to police, court, and Department referrals of youth identified in the mandatory target group. The system must be able to provide a worker on site within 90 minutes in rural areas and 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.

2) Family preservation services available to all youth and families responded to through 24-hour crisis intervention services and other cases.

3) Temporary living arrangement when a youth cannot be returned home. Placement provisions contained in 89 Ill. Adm. Code 310, (Community-Based Services to Youth Funded by the Department of Human Services) must be followed.

4) Diversion services to ensure that youth are diverted from the juvenile justice and child welfare systems. Toward that end:

A) Regular liaison will be maintained with local police departments, juvenile courts and Department intake and child protective teams.

B) Written agreements or letters of understanding regarding referral procedures and feedback must be established with:

i) At least 50% of the police departments of counties or municipalities of over 10,000 people in the service area and juvenile courts.

ii) Regional offices of the Department of Human Services.

5) Advocacy services provided for youth and their families in which responsible persons, on an out-reach basis, assist young people in resolving personal, family and social/institutional problems.

6) Family counseling.

7) Employment and educational assistance provided directly or through written inter-agency agreements to assist youth in preparing for and obtaining employment.

8) Service brokerage agreements established with drug, alcohol and mental health treatment programs to assist youth in obtaining needed services.

b) Indigenous community volunteers should be used to provide supportive services to youth, to advocate for youth and to remediate the conditions in the community which inhibit youth development and foster adolescent misbehavior and family instability.

c) Agencies providing services under the proposed grant shall meet at least quarterly or at more frequent time intervals which are approved by vote of the 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 inter-agency case plans for multi-problem youth. This network panel will screen and if requested by Governor's Youth Service Initiative Coordinators, develop case plans for all Governor's Youth Service Initiative referrals and Department referrals which meet the target group stipulations. The Department of Children and Family Services, probation, mental health, employment and training, education and other key youth service agencies will also be requested to participate at all meetings.

d) Each youth and family served shall have a client service plan as specified in 89 Ill. Adm. Code 310 (Community-Based Services to Youth Funded by the Department of Human Services).

(Source: Amended at 13 Ill. Reg. 6986, effective May 15, 1989)

Section 334.13 Community Youth Service Plan

a) Bodies designated by the Department as local boards or local service systems shall, within 90 days of notification of such designation, submit a community youth service plan to the Department and the appropriate regional youth planning committee.

b) Each community youth service plan shall incorporate the previously submitted competitive application and also include the local board's or local service system's documentation of the following requirements.

1) Service constellation which contains an in-depth discussion of the services to be provided in accordance with 89 Ill. Adm. Code 310 (Delivery of Youth Services Funded by the Department of Human Services).

2) Demonstration of how services will be organized into an integrated youth service system characterized by a continuum of care. Documentation shall be developed as to how the services will achieve the program goals and objectives in accord with the needs assessment and available resources.

3) Procedures which describe how the following functions will be carried out:

A) Crisis intervention

B) Intake/case planning

C) Service linkages

D) Case management and review

E) Provision of follow-up services

4) Plan which details a time line for implementation.

5) Staffing patterns and job descriptions.

6) Personnel policies

7) Procedures for development, award and monitoring of subcontracts.

8) Fiscal record keeping.

9) Reporting and documentation of programs towards goals and objectives.

10) Plan for the monitoring of working agreements.

11) Policy and procedures to protect the confidentiality of clients.

12) Appeal procedures for clients and subcontractors.

13) Financial development plan which ensures that attempts are made to generate resources to youth from potential public and private resources.

14) Affirmative action plan.

(Source: Amended at 13 Ill. Reg. 6986, effective May 15, 1989)

Section 334.14 Funding of Community-Based Youth Services

a) When the Comprehensive, Community-Based Service to Youth line appropriation is less than $5 million, the funds may be distributed to demonstration projects and services consistent with this Part. Competitive and non-competitive awards will be made pursuant to 89 Ill. Adm. Code 357, Purchase of Service and 89 Ill. Adm. Code 360, Grants-in-Aid.

b) When the Comprehensive, Community-Based Service to Youth appropriation line is equal to or exceeds $5 million, the Department shall allocate the line as follows:

1) As much as 20% of the grant funds may be awarded for new program development and innovation including the provision of program and resource development and support services. [20 ILCS 505/17a-4(b)(1)]

Competitive and non-competitive awards will be made pursuant to 89 Ill. Adm. Code 357 Purchase of Service.

2) At least 80% of the funds shall be allocated according to a formula on a structured grant basis to Comprehensive, Community-Based Youth Services programs provided by recognized local boards and local service systems. [20 ILCS 505/17a-4(b)(2)]

For funding of mandated services to youth eligible for comprehensive, community-based services in any area in which the Department has not recognized a local board or local service system, funds will be allocated pursuant to 89 Ill. Adm. Code 357 Purchase of Service and 89 Ill. Adm. Code 360 Grants-in-Aid.

3) Each local board or local service system is required to provide 10% in-kind or financial match from local public or private resources. [20 ILCS 505/17a-4(b)(4)]

4) No more than 20% of the local boards or local service systems total award may be used for administrative purposes with the remainder used for services described in the youth service plan and contract.

c) The Department will allocate the funds available under Section 334.14(b) in the following manner:

1) Three demographic factors are selected from the 1980 census which are directly related to conditions which result in status offender activity by children and youth. The three factors are:

A) The number of persons 0 through 17 years of age who are categorized as being below the poverty threshold as defined by the U.S. Department of Commerce (42 USC Section 9847 and 46 FR 62674 (1981)).

B) The number of children 0 through 17 years of age who are in single parent families or are living independently.

C) The number of children and youth 10 through 17 years of age.

2) The number of persons reported by the Census Bureau for each of the demographic factors cited above are compiled on the basis of each component of the service area. These components may be a county, township or community area.

3) The formula assigns one-third weight to each of the demographic factors. One-third of the appropriation is then allocated to each of the demographic factors.

4) For each demographic factor in the formula, a multiplier is developed based on the number of persons in each category statewide. The actual number of persons identified in the census data is the denominator. The numerator for the calculation of the multiplier is the appropriation cost pool derived from the allocation of one-third of the total appropriation passed by the Illinois General Assembly and approved by the Governor.

d) As much as two months payment will be advanced by the Department pursuant to 89 Ill. Adm. Code 357, Purchase of Service. Adjustments to the total grant award shall be completed by the last payment of the fiscal year and final reconciliation may be adjusted after an independent audit.

(Source: Amended at 9 Ill. Reg. 2240, effective February 1, 1985)

Section 334.15 Review and Monitoring of Community Youth Service Plans

a) The Department shall establish a data repository which will organize the data by county to assist local boards and local service systems in profiling the problems and needs of youth in their service areas.

b) The Department shall analyze available data for trends and correlations in order to prepare a statewide youth profile which shall become part of the state wide annual plan for youth services.

c) The Department shall review all community youth service plans to assure compliance with all requirements and the potential for achievement of all objectives.

d) The final decision on the approval of all plans and the award of all contracts shall be made by the Secretary of the Department.

e) The Department shall perform on-site monitoring with each designated local board or local service system at least semi-annually. Each monitoring visit shall consist of meetings with local board or local service system representatives in order to:

1) View progress toward objectives and compliance with all provisions of the contract with the Department.

2) Discuss problems encountered and steps taken to remedy them.

3) Development of corrective action plans to ensure attainment of objectives and compliance with requirements.

4) View a sample of account records, time sheets and contract files.

5) Review a sample of case files.

f) At least once per year the Department shall contact a sample of police, county and Department regional offices in each service area to assess these parties' satisfaction with the services being delivered.

g) The Department shall provide periodic workshops to clarify requirements for designation, review elements of the community youth service plan, assist in the definition of youth needs and problems, clarify possible objectives and discuss service options.

h) Programs will be required to comply with 89 Ill. Adm. Code 434, Audits, Reviews, and Investigations.