Rep. Sara Feigenholtz

Filed: 11/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1870

2    AMENDMENT NO. ______. Amend Senate Bill 1870 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1provided the Department's share shall not exceed a uniform
2maximum rate to be determined from time to time by the
3Department. The Department may exercise the authority under
4this Section as is necessary to implement the provisions of
5Section 5-5.23 of the Illinois Public Aid Code and to
6administer Individual Care Grants. The Department shall work
7collaboratively with stakeholders and family representatives
8in the implementation of this Section.
9    (c) A child shall continue to be eligible for an Individual
10Care Grant if the child is placed in the temporary custody of
11the Department of Children and Family Services under Article II
12of the Juvenile Care Act of 1987 because the child was left at
13a psychiatric hospital beyond medical necessity and an
14application for the Family Support Program was pending with the
15Department or an active application was being reviewed by the
16Department when the petition under the Juvenile Court Act of
171987 was filed.
18    (d) If the Department determines that the child meets all
19the eligibility criteria for Family Support Services and
20approves the application, the Department shall notify the
21parents and the Department of Children and Family Services. The
22court hearing the child's case under the Juvenile Court Act of
231987 shall conduct a hearing within 14 days after all parties
24have been notified and determine whether to vacate the custody
25or guardianship of the Department of Children and Family
26Services and return the child to the custody of his or her

 

 

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1parents with Family Support Services in place or whether the
2child shall continue in the custody of the Department of
3Children and Family Services and decline the Family Support
4Program. The court shall conduct the hearing under Section 2-4b
5of the Juvenile Court Act of 1987. If the court vacates the
6custody or guardianship of the Department of Children and
7Family Services and returns the child to the custody of the
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. Nothing in
16this Section is intended to diminish the ability of the
17Department from seeking financial participation or
18reimbursement as permitted under State or federal law.
19    (e) The Department shall provide an expedited review
20process for applications for minors in the custody or
21guardianship of the Department of Children and Family Services
22who continue to remain eligible for Individual Care Grants. The
23Department shall work collaboratively with stakeholders,
24including legal representatives of minors in care, providers of
25residential treatment services, and with the Department of
26Children and Family Services, to ensure that minors who are

 

 

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1recipients of Individual Care Grants under this Section and
2Section 2-4b of the Juvenile Court Act of 1987 do not
3experience a disruption in services if the minor transitions
4from one program to another. The Department shall adopt rules
5to implement this Section no later than July 1, 2019.
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
8changing Section 2-23 as follows:
 
9    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
10    Sec. 2-23. Kinds of dispositional orders.
11    (1) The following kinds of orders of disposition may be
12made in respect of wards of the court:
13        (a) A minor under 18 years of age found to be neglected
14    or abused under Section 2-3 or dependent under Section 2-4
15    may be (1) continued in the custody of his or her parents,
16    guardian or legal custodian; (2) placed in accordance with
17    Section 2-27; (3) restored to the custody of the parent,
18    parents, guardian, or legal custodian, provided the court
19    shall order the parent, parents, guardian, or legal
20    custodian to cooperate with the Department of Children and
21    Family Services and comply with the terms of an after-care
22    plan or risk the loss of custody of the child and the
23    possible termination of their parental rights; or (4)
24    ordered partially or completely emancipated in accordance

 

 

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1    with the provisions of the Emancipation of Minors Act.
2        However, in any case in which a minor is found by the
3    court to be neglected or abused under Section 2-3 of this
4    Act, custody of the minor shall not be restored to any
5    parent, guardian or legal custodian whose acts or omissions
6    or both have been identified, pursuant to subsection (1) of
7    Section 2-21, as forming the basis for the court's finding
8    of abuse or neglect, until such time as a hearing is held
9    on the issue of the best interests of the minor and the
10    fitness of such parent, guardian or legal custodian to care
11    for the minor without endangering the minor's health or
12    safety, and the court enters an order that such parent,
13    guardian or legal custodian is fit to care for the minor.
14        (b) A minor under 18 years of age found to be dependent
15    under Section 2-4 may be (1) placed in accordance with
16    Section 2-27 or (2) ordered partially or completely
17    emancipated in accordance with the provisions of the
18    Emancipation of Minors Act.
19        However, in any case in which a minor is found by the
20    court to be dependent under Section 2-4 of this Act,
21    custody of the minor shall not be restored to any parent,
22    guardian or legal custodian whose acts or omissions or both
23    have been identified, pursuant to subsection (1) of Section
24    2-21, as forming the basis for the court's finding of
25    dependency, until such time as a hearing is held on the
26    issue of the fitness of such parent, guardian or legal

 

 

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1    custodian to care for the minor without endangering the
2    minor's health or safety, and the court enters an order
3    that such parent, guardian or legal custodian is fit to
4    care for the minor.
5        (b-1) A minor between the ages of 18 and 21 may be
6    placed pursuant to Section 2-27 of this Act if (1) the
7    court has granted a supplemental petition to reinstate
8    wardship of the minor pursuant to subsection (2) of Section
9    2-33, (2) the court has adjudicated the minor a ward of the
10    court, permitted the minor to return home under an order of
11    protection, and subsequently made a finding that it is in
12    the minor's best interest to vacate the order of protection
13    and commit the minor to the Department of Children and
14    Family Services for care and service, or (3) the court has
15    adjudicated the minor a ward of the court, returned the
16    minor to the custody of the respondent under Section 2-4b
17    of this Act without terminating the proceedings under
18    Section 2-31 of this Act, and subsequently made a finding
19    that it is in the minor's best interest to commit the minor
20    to the Department of Children and Family Services for care
21    and services.
22        (c) When the court awards guardianship to the
23    Department of Children and Family Services, the court shall
24    order the parents to cooperate with the Department of
25    Children and Family Services, comply with the terms of the
26    service plans, and correct the conditions that require the

 

 

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1    child to be in care, or risk termination of their parental
2    rights.
3    (2) Any order of disposition may provide for protective
4supervision under Section 2-24 and may include an order of
5protection under Section 2-25.
6    Unless the order of disposition expressly so provides, it
7does not operate to close proceedings on the pending petition,
8but is subject to modification, not inconsistent with Section
92-28, until final closing and discharge of the proceedings
10under Section 2-31.
11    (3) The court also shall enter any other orders necessary
12to fulfill the service plan, including, but not limited to, (i)
13orders requiring parties to cooperate with services, (ii)
14restraining orders controlling the conduct of any party likely
15to frustrate the achievement of the goal, and (iii) visiting
16orders. When the child is placed separately from a sibling, the
17court shall review the Sibling Contact Support Plan developed
18under subsection (f) of Section 7.4 of the Children and Family
19Services Act, if applicable. If the Department has not convened
20a meeting to develop a Sibling Contact Support Plan, or if the
21court finds that the existing Plan is not in the child's best
22interest, the court may enter an order requiring the Department
23to develop and implement a Sibling Contact Support Plan under
24subsection (f) of Section 7.4 of the Children and Family
25Services Act or order mediation. Unless otherwise specifically
26authorized by law, the court is not empowered under this

 

 

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1subsection (3) to order specific placements, specific
2services, or specific service providers to be included in the
3plan. If, after receiving evidence, the court determines that
4the services contained in the plan are not reasonably
5calculated to facilitate achievement of the permanency goal,
6the court shall put in writing the factual basis supporting the
7determination and enter specific findings based on the
8evidence. The court also shall enter an order for the
9Department to develop and implement a new service plan or to
10implement changes to the current service plan consistent with
11the court's findings. The new service plan shall be filed with
12the court and served on all parties within 45 days after the
13date of the order. The court shall continue the matter until
14the new service plan is filed. Except as authorized by
15subsection (3.5) of this Section or authorized by law, the
16court is not empowered under this Section to order specific
17placements, specific services, or specific service providers
18to be included in the service plan.
19    (3.5) If, after reviewing the evidence, including evidence
20from the Department, the court determines that the minor's
21current or planned placement is not necessary or appropriate to
22facilitate achievement of the permanency goal, the court shall
23put in writing the factual basis supporting its determination
24and enter specific findings based on the evidence. If the court
25finds that the minor's current or planned placement is not
26necessary or appropriate, the court may enter an order

 

 

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1directing the Department to implement a recommendation by the
2minor's treating clinician or a clinician contracted by the
3Department to evaluate the minor or a recommendation made by
4the Department. If the Department places a minor in a placement
5under an order entered under this subsection (3.5), the
6Department has the authority to remove the minor from that
7placement when a change in circumstances necessitates the
8removal to protect the minor's health, safety, and best
9interest. If the Department determines removal is necessary,
10the Department shall notify the parties of the planned
11placement change in writing no later than 10 days prior to the
12implementation of its determination unless remaining in the
13placement poses an imminent risk of harm to the minor, in which
14case the Department shall notify the parties of the placement
15change in writing immediately following the implementation of
16its decision. The Department shall notify others of the
17decision to change the minor's placement as required by
18Department rule.
19    (4) In addition to any other order of disposition, the
20court may order any minor adjudicated neglected with respect to
21his or her own injurious behavior to make restitution, in
22monetary or non-monetary form, under the terms and conditions
23of Section 5-5-6 of the Unified Code of Corrections, except
24that the "presentence hearing" referred to therein shall be the
25dispositional hearing for purposes of this Section. The parent,
26guardian or legal custodian of the minor may pay some or all of

 

 

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1such restitution on the minor's behalf.
2    (5) Any order for disposition where the minor is committed
3or placed in accordance with Section 2-27 shall provide for the
4parents or guardian of the estate of such minor to pay to the
5legal custodian or guardian of the person of the minor such
6sums as are determined by the custodian or guardian of the
7person of the minor as necessary for the minor's needs. Such
8payments may not exceed the maximum amounts provided for by
9Section 9.1 of the Children and Family Services Act.
10    (6) Whenever the order of disposition requires the minor to
11attend school or participate in a program of training, the
12truant officer or designated school official shall regularly
13report to the court if the minor is a chronic or habitual
14truant under Section 26-2a of the School Code.
15    (7) The court may terminate the parental rights of a parent
16at the initial dispositional hearing if all of the conditions
17in subsection (5) of Section 2-21 are met.
18(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".