Bill Status of SB3470  103rd General Assembly


Short Description:  DCFS-YOUTH-SSI/VETS BENEFITS

Senate Sponsors
Sen. Robert Peters - Patricia Van Pelt - Christopher Belt - Sara Feigenholtz, Mattie Hunter, Doris Turner, John Connor, Elgie R. Sims, Jr., Kimberly A. Lightford, David Koehler, Meg Loughran Cappel, Cristina Castro, Celina Villanueva, Laura M. Murphy and Jacqueline Y. Collins

House Sponsors
(Rep. Lakesia Collins - Carol Ammons - Marcus C. Evans, Jr. - Cyril Nichols - Maurice A. West, II, Robyn Gabel, Suzanne Ness, Anna Moeller and Elizabeth Hernandez)

Last Action
DateChamber Action
  5/27/2022SenatePublic Act . . . . . . . . . 102-1014

Statutes Amended In Order of Appearance
20 ILCS 505/5from Ch. 23, par. 5005
20 ILCS 505/5.46 new
20 ILCS 505/35.10


Synopsis As Introduced
Amends the Children and Family Services Act. Provides that upon receiving custody or guardianship of a youth in care, and at least annually thereafter, the Department of Children and Family Services shall determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, or Veterans benefits. Provides that if it is determined that the youth may be eligible for benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to ensure that any youth in care eligible for benefits beyond the age of 18 has a timely application filed. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any decisions or communications from the Social Security Administration or the U.S. Department of Veterans Affairs regarding an application for benefits or for representative payee status; and (3) any appeal or other action requested by the Department regarding an application for benefits. Requires the Department to ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee or fiduciary, a minimum percentage of the youth's benefits are conserved in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits, including, but not limited to, establishing for the youth a Plan to Achieve Self-Support (PASS) Account; an ABLE account, a Social Security Plan to Achieve Self-Support account, or other specified savings accounts. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem of how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that upon receiving temporary custody or guardianship of a youth in care, the Department of Children and Family Services shall assess the youth to determine whether the youth may be eligible for Social Security benefits, Supplemental Security Income, Veterans benefits, or Railroad Retirement benefits. Provides that if, after the assessment, the Department determines that the youth may be eligible for such benefits, the Department shall ensure that an application is filed on behalf of the youth. Requires the Department to prescribe by rule how it will review cases of youth in care at regular intervals to determine whether the youth may have become eligible for benefits after the initial assessment. Provides that the Department shall make reasonable efforts to encourage youth in care over the age of 18 who are likely eligible for benefits to cooperate with the application process and to assist youth with the application process. Provides that when applying for benefits, the Department shall identify a representative payee in accordance with specified federal requirements. Requires the Department to immediately notify a youth over the age of 16, the youth's attorney and guardian ad litem, and the youth's parent or legal guardian or another responsible adult of: (1) any application for or any application to become representative payee for benefits on behalf of a youth in care; (2) any communications from the Social Security Administration, the U.S. Department of Veterans Affairs, or the Railroad Retirement Board pertaining to the acceptance or denial of benefits or the selection of a representative payee; and (3) any appeal or other action requested by the Department regarding an application for benefits. Provides that when the Department serves as the representative payee for a youth receiving benefits, the Department shall: (i) beginning January 1, 2023, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee, a minimum percentage of the youth's Supplemental Security Income benefits are conserved as specified under the amendatory Act; (2) beginning January 1, 2024, ensure that when the youth attains the age of 14 years and until the Department no longer serves as the representative payee a minimum percentage of the youth's Social Security benefits, Veterans benefits, or Railroad Retirement benefits are conserved as specified under the amendatory Act; (3) appropriately monitor any federal asset or resource limits for the benefits and ensure that the youth's best interest is served by using or conserving the benefits in a way that avoids violating any federal asset or resource limits that would affect the youth's eligibility to receive the benefits; and other matters. Contains provisions concerning annual accounting reports to a youth's attorney and guardian ad litem on how a youth's benefits have been used and conserved; financial literacy training and support for youth in care; the adoption of rules; reporting requirements for the Department; and other matters. Effective immediately.

Actions 
DateChamber Action
  1/19/2022SenateFiled with Secretary by Sen. Robert Peters
  1/19/2022SenateFirst Reading
  1/19/2022SenateReferred to Assignments
  1/26/2022SenateAssigned to Judiciary
  2/9/2022SenateDo Pass Judiciary; 008-000-000
  2/9/2022SenatePlaced on Calendar Order of 2nd Reading February 10, 2022
  2/15/2022SenateSecond Reading
  2/15/2022SenatePlaced on Calendar Order of 3rd Reading February 16, 2022
  2/16/2022SenateAdded as Co-Sponsor Sen. Mattie Hunter
  2/16/2022SenateAdded as Co-Sponsor Sen. Doris Turner
  2/16/2022SenateAdded as Co-Sponsor Sen. John Connor
  2/16/2022SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  2/16/2022SenateThird Reading - Passed; 053-000-000
  2/16/2022HouseArrived in House
  2/16/2022HouseChief House Sponsor Rep. Lakesia Collins
  2/16/2022SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
  2/16/2022SenateAdded as Co-Sponsor Sen. Kimberly A. Lightford
  2/16/2022HouseFirst Reading
  2/16/2022HouseReferred to Rules Committee
  2/17/2022SenateAdded as Co-Sponsor Sen. David Koehler
  2/17/2022SenateAdded as Co-Sponsor Sen. Meg Loughran Cappel
  2/22/2022SenateAdded as Chief Co-Sponsor Sen. Christopher Belt
  2/22/2022SenateAdded as Co-Sponsor Sen. Cristina Castro
  2/22/2022SenateAdded as Co-Sponsor Sen. Celina Villanueva
  2/25/2022SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  3/7/2022HouseAssigned to Human Services Committee
  3/10/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lakesia Collins
  3/10/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/15/2022HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  3/16/2022HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  3/16/2022HouseDo Pass as Amended / Short Debate Human Services Committee; 015-000-000
  3/16/2022HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2022HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  3/17/2022HouseAdded Alternate Co-Sponsor Rep. Suzanne Ness
  3/17/2022HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  3/21/2022HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  3/23/2022HouseSecond Reading - Short Debate
  3/23/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2022HouseAdded Alternate Chief Co-Sponsor Rep. Carol Ammons
  3/23/2022HouseAdded Alternate Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  3/23/2022HouseAdded Alternate Chief Co-Sponsor Rep. Cyril Nichols
  3/23/2022HouseAdded Alternate Chief Co-Sponsor Rep. Maurice A. West, II
  3/23/2022SenateAdded as Chief Co-Sponsor Sen. Sara Feigenholtz
  3/30/2022HouseThird Reading - Short Debate - Passed 114-000-000
  3/30/2022SenateSecretary's Desk - Concurrence House Amendment(s) 1
  3/30/2022SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - March 31, 2022
  4/4/2022SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Robert Peters
  4/4/2022SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  4/4/2022SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary
  4/4/2022SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 007-000-000
  4/8/2022SenateHouse Committee Amendment No. 1 Senate Concurs 054-000-000
  4/8/2022SenateSenate Concurs
  4/8/2022SenatePassed Both Houses
  4/8/2022SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  5/6/2022SenateSent to the Governor
  5/27/2022SenateGovernor Approved
  5/27/2022SenateEffective Date May 27, 2022
  5/27/2022SenatePublic Act . . . . . . . . . 102-1014