102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4233

 

Introduced 11/14/2022, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/45 new
30 ILCS 105/5.990 new
30 ILCS 105/8.27  from Ch. 127, par. 144.27

    Amends the Children and Family Services Act. Requires the Department of Children and Family Services to seek federal reimbursements under Title IV-E of the Social Security Act for administrative costs associated with the provision of independent legal representation to foster children, and children who qualify for foster care, and their parents. Requires any federal reimbursements the Department receives for the purposes of the amendatory Act to be deposited into the Due Process for Youth and Families Fund. Provides that, subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by law practitioners and organizations that provide services as a child's lawyer or a respondent's lawyer as those terms are defined under the amendatory Act. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of the amendatory Act. Amends the State Finance Act. Creates the Due Process for Youth and Families Fund as a special fund in the State treasury. Provides that all receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act. Effective immediately.


LRB102 29092 KTG 41025 b

 

 

A BILL FOR

 

SB4233LRB102 29092 KTG 41025 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 45 as follows:
 
6    (20 ILCS 505/45 new)
7    Sec. 45. Title IV-E funds for legal services to foster
8youth and families.
9    (a) Findings and purpose. The General Assembly finds the
10following:
11        (1) Child welfare court proceedings are serious and
12    life changing. Children and youth are subject to court
13    decisions that may forever change their family
14    composition, as well as their connections to culture and
15    heritage.
16        (2) The gravity of child welfare proceedings and the
17    rights and liabilities at stake necessitate the provision
18    of quality legal representation for children and youth
19    throughout the duration of child welfare proceedings.
20        (3) Legal representation serves to protect and advance
21    the interests of children and youth in court and provides
22    confidential attorney-client privilege to ensure children
23    feel safe sharing with attorneys information that

 

 

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1    otherwise may go unvoiced.
2        (4) As the agency responsible for administering the
3    State's approved Title IV-E State Plan, the Department of
4    Children and Family Services is the only State agency with
5    the authority to seek federal matching funds under Title
6    IV-E of the Social Security Act for children who are
7    candidates for foster care, children who are in foster
8    care, and parents who are participating in foster care
9    legal proceedings.
10        (5) It is the intent of the General Assembly to ensure
11    the Department leverages and maximizes federal resources
12    to support the provision of quality legal representation
13    to children and families to improve outcomes in the child
14    welfare system.
15    (b) Definitions. As used in this Section:
16    "Child's lawyer" means a lawyer who is appointed by the
17court to serve as a child's lawyer in a proceeding pending
18under Article II of the Juvenile Court Act of 1987 in
19accordance with the duties prescribed by State statute, court
20rules, standards of practice, and the Illinois Rules of
21Professional Conduct, including, but not limited to,
22diligence, communication, confidentiality, and the
23responsibilities to zealously assert the client's position
24under the rules of the adversary system and to abide by the
25client's decisions concerning the objectives of
26representation, as provided for in the Illinois Rules of

 

 

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1Professional Conduct.
2    "Respondent's lawyer" means a lawyer who provides legal
3representation to a parent, guardian, legal custodian, or
4responsible relative who is named as a party-respondent in a
5proceeding pending under Article II of the Juvenile Court Act
6of 1987 in accordance with the duties prescribed by State
7statute, court rules, standards of practice, and the Illinois
8Rules of Professional Conduct, including, but not limited to,
9diligence, communication, confidentiality, and the
10responsibilities to zealously assert the client's position
11under the rules of the adversary system and to abide by the
12client's decisions concerning the objectives of
13representation, as provided for in the Illinois Rules of
14Professional Conduct.
15    (c) The Department shall pursue claiming Title IV-E
16administrative costs for independent legal representation by
17an attorney for a child who is a candidate for Title IV-E
18foster care, or who is in foster care, and the child's parent
19to prepare for and participate in all stages of foster care
20legal proceedings. Federal reimbursements for these
21administrative costs must be deposited into the Due Process
22for Youth and Families Fund created under subsection (d).
23    (d) The Due Process for Youth and Families Fund is created
24as a special fund in the State treasury. The Fund shall consist
25of any moneys appropriated to the Department from federal
26Title IV-E reimbursements for administrative costs as

 

 

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1described in subsection (c) and any other moneys deposited
2into the Fund in accordance with this Section. Subject to
3appropriation, moneys in the Fund shall be disbursed for fees
4and costs incurred by organizations or law practitioners that
5provide services as a child's lawyer or respondent's lawyer as
6those terms are defined in subsection (b) and for no other
7purpose. All interest earned on moneys in the Fund shall be
8deposited into the Fund. The Department and the State
9Treasurer may accept funds as provided under Title IV-E of the
10Social Security Act for deposit into the Fund. Annual requests
11for appropriations for the purpose of providing independent
12legal representation under this Section shall be made in
13separate and distinct line-items.
14    (e) Units of local government and public and private
15agencies may apply for and receive federal or State funds from
16the Department in accordance with the purposes of this
17Section.
 
18    Section 10. The State Finance Act is amended by changing
19Section 8.27 and by adding Section 5.990 as follows:
 
20    (30 ILCS 105/5.990 new)
21    Sec. 5.990. The Due Process for Youth and Families Fund.
 
22    (30 ILCS 105/8.27)  (from Ch. 127, par. 144.27)
23    Sec. 8.27. All receipts from federal financial

 

 

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1participation in the Foster Care and Adoption Services program
2under Title IV-E of the federal Social Security Act, including
3receipts for related indirect costs, shall be deposited into
4in the DCFS Children's Services Fund or the Due Process for
5Youth and Families Fund as provided in Section 45 of the
6Children and Family Services Act.
7    Beginning on July 20, 2010 (the effective date of Public
8Act 96-1127), any funds paid to the State by the federal
9government under Title XIX and Title XXI of the Social
10Security Act for child welfare services delivered by community
11mental health providers, certified and paid as Medicaid
12providers by the Department of Children and Family Services,
13for child welfare services relating to Medicaid-eligible
14clients and families served consistent with the purposes of
15the Department of Children and Family Services, including
16services delivered as a result of the conversion of such
17providers from a comprehensive rate to a fee-for-service
18payment methodology, and any subsequent revenue maximization
19initiatives performed by such providers, and any interest
20earned thereon, shall be deposited directly into the DCFS
21Children's Services Fund. Such funds shall be used for the
22provision of child welfare services provided to eligible
23individuals identified by the Department of Children and
24Family Services. Child welfare services are defined in Section
255 of the Children and Family Services Act.
26    All receipts from federal financial participation in the

 

 

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1Child Welfare Services program under Title IV-B of the federal
2Social Security Act, including receipts for related indirect
3costs, shall be deposited into the DCFS Children's Services
4Fund for those moneys received as reimbursement for services
5provided on or after July 1, 1994.
6    For services provided on or after July 1, 2007, all
7federal funds received pursuant to the John H. Chafee Foster
8Care Independence Program shall be deposited into the DCFS
9Children's Services Fund.
10    Except as otherwise provided in this Section, moneys in
11the Fund may be used by the Department, pursuant to
12appropriation by the General Assembly, for the ordinary and
13contingent expenses of the Department.
14    In accordance with subsection (q) of Section 5 of the
15Children and Family Services Act, disbursements from
16individual children's accounts shall be deposited into the
17DCFS Children's Services Fund.
18    Receipts from public and unsolicited private grants, fees
19for training, and royalties earned from the publication of
20materials owned by or licensed to the Department of Children
21and Family Services shall be deposited into the DCFS
22Children's Services Fund.
23(Source: P.A. 102-1071, eff. 6-10-22.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.