Illinois General Assembly - Full Text of SB0724
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Full Text of SB0724  103rd General Assembly



SB0724 EnrolledLRB103 29722 SPS 56127 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Interagency Children's Behavioral Health Services Act.
6    Section 5. Children's Behavioral Health Transformation
7Initiative. This Act establishes a Children's Behavioral
8Health Transformation Officer. The Officer shall lead the
9State's comprehensive, interagency effort to ensure that youth
10with significant and complex behavioral health needs receive
11appropriate community and residential services and that the
12State-supported system is transparent and easier for youth and
13their families to navigate. The Officer shall serve as a
14policymaker and spokesperson on children's behavioral health,
15including coordinating the interagency effort through
16legislation, rules, and budgets and communicating with the
17General Assembly and federal and local leaders on these
18critical issues.
19    An Interagency Children's Behavioral Health Services Team
20is established to find appropriate services, residential
21treatment, and support for children identified by each
22participating agency as requiring enhanced agency
23collaboration to identify and obtain treatment in a



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1residential setting. Responsibilities of each participating
2agency shall be outlined in an interagency agreement between
3all the relevant State agencies.
4    Section 10. Interagency agreement. In order to establish
5the Interagency Children's Behavioral Health Services Team,
6within 90 days after the effective date of this Act, the
7Department of Children of Family Services, the Department of
8Human Services, the Department of Healthcare and Family
9Services, the Illinois State Board of Education, the
10Department of Juvenile Justice, and the Department of Public
11Health shall enter into an interagency agreement for the
12purpose of establishing the roles and responsibilities of each
13participating agency.
14    The interagency agreement, among other things, shall
15address all of the following:
16        (1) Require each participating agency to assign staff
17    to the Interagency Children's Behavioral Health Services
18    Team who have operational knowledge of and decision-making
19    authority over the agency's children's behavioral health
20    programs and services.
21        (2) Set criteria to identify children whose cases will
22    be presented to the Interagency Children's Behavioral
23    Health Services Team for prioritized review. Criteria
24    shall include, but not be limited to:
25            (A) the length of time the child has been



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1        clinically approved for residential services through
2        existing funding streams but has not been admitted to
3        an appropriate program;
4            (B) the length of time the child has been in a
5        hospital emergency department or medical unit seeking
6        inpatient treatment for psychiatric or behavioral
7        health emergency;
8            (C) the length of time the child has been in a
9        psychiatric or general acute care hospital for
10        inpatient psychiatric treatment beyond medical
11        necessity;
12            (D) the risk of being taken into the custody of the
13        Department of Children and Family Services in the
14        absence of abuse or neglect as defined by the Abused
15        and Neglected Child Reporting Act or the Juvenile
16        Court Act of 1987 for the sole purpose of obtaining
17        behavioral health services or residential treatment;
18            (E) other circumstances that require enhanced
19        interagency collaboration to find appropriate services
20        for the child.
21        (3) Require each agency, or its designee, to present
22    each identified child's clinical case, to the extent
23    permitted by State and federal law, to the Interagency
24    Children's Behavioral Health Services Team during regular
25    team meetings to outline the child's needs and to
26    determine if any of the participating agencies have



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1    residential or other supportive services that may be
2    available for the child to ensure that the child receives
3    appropriate treatment, including residential treatment if
4    necessary, as soon as possible.
5        (4) Require the Community and Residential Services
6    Authority to notify the Interagency Children's Behavioral
7    Health Services Team of any child that has been referred
8    for services who meet the criteria set forth in paragraph
9    (2) and to present the clinical cases for the child to the
10    interagency team to determine if any agency program can
11    assist the child.
12        (5) Require the participating agencies to develop a
13    quarterly analysis, to be submitted to the General
14    Assembly, the Governor's Office, and the Community and
15    Residential Services Authority including the following
16    information, to the extent permitted by State and federal
17    law:
18            (A) the number of children presented to the team;
19            (B) the children's clinical presentations that
20        required enhanced agency collaboration;
21            (C) the types of services including residential
22        treatment that were needed to appropriately support
23        the aggregate needs of children presented;
24            (D) the timeframe it took to find placement or
25        appropriate services; and
26            (E) any other data or information the Interagency



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1        Children's Behavioral Health Services Team deems
2        appropriate.
3    All information collected, shared, or stored pursuant to
4this Section shall be handled in accordance with all State and
5federal privacy laws and accompanying regulations and rules,
6including without limitation the federal Health Insurance
7Portability and Accountability Act of 1996 (Public Law
8104-191) and the Mental Health and Developmental Disabilities
9Confidentiality Act.
10    Nothing in this Section shall be construed or applied in a
11manner that would conflict with, diminish, or infringe upon,
12any State agency's obligation to comply fully with
13requirements imposed under a court order or State or federal
14consent decree applicable to that agency.
15    Section 15. The Children and Family Services Act is
16amended by changing Sections 5 and 17 as follows:
17    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
18    Sec. 5. Direct child welfare services; Department of
19Children and Family Services. To provide direct child welfare
20services when not available through other public or private
21child care or program facilities.
22    (a) For purposes of this Section:
23        (1) "Children" means persons found within the State
24    who are under the age of 18 years. The term also includes



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1    persons under age 21 who:
2            (A) were committed to the Department pursuant to
3        the Juvenile Court Act or the Juvenile Court Act of
4        1987 and who continue under the jurisdiction of the
5        court; or
6            (B) were accepted for care, service and training
7        by the Department prior to the age of 18 and whose best
8        interest in the discretion of the Department would be
9        served by continuing that care, service and training
10        because of severe emotional disturbances, physical
11        disability, social adjustment or any combination
12        thereof, or because of the need to complete an
13        educational or vocational training program.
14        (2) "Homeless youth" means persons found within the
15    State who are under the age of 19, are not in a safe and
16    stable living situation and cannot be reunited with their
17    families.
18        (3) "Child welfare services" means public social
19    services which are directed toward the accomplishment of
20    the following purposes:
21            (A) protecting and promoting the health, safety
22        and welfare of children, including homeless,
23        dependent, or neglected children;
24            (B) remedying, or assisting in the solution of
25        problems which may result in, the neglect, abuse,
26        exploitation, or delinquency of children;



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1            (C) preventing the unnecessary separation of
2        children from their families by identifying family
3        problems, assisting families in resolving their
4        problems, and preventing the breakup of the family
5        where the prevention of child removal is desirable and
6        possible when the child can be cared for at home
7        without endangering the child's health and safety;
8            (D) restoring to their families children who have
9        been removed, by the provision of services to the
10        child and the families when the child can be cared for
11        at home without endangering the child's health and
12        safety;
13            (E) placing children in suitable adoptive homes,
14        in cases where restoration to the biological family is
15        not safe, possible, or appropriate;
16            (F) assuring safe and adequate care of children
17        away from their homes, in cases where the child cannot
18        be returned home or cannot be placed for adoption. At
19        the time of placement, the Department shall consider
20        concurrent planning, as described in subsection (l-1)
21        of this Section so that permanency may occur at the
22        earliest opportunity. Consideration should be given so
23        that if reunification fails or is delayed, the
24        placement made is the best available placement to
25        provide permanency for the child;
26            (G) (blank);



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1            (H) (blank); and
2            (I) placing and maintaining children in facilities
3        that provide separate living quarters for children
4        under the age of 18 and for children 18 years of age
5        and older, unless a child 18 years of age is in the
6        last year of high school education or vocational
7        training, in an approved individual or group treatment
8        program, in a licensed shelter facility, or secure
9        child care facility. The Department is not required to
10        place or maintain children:
11                (i) who are in a foster home, or
12                (ii) who are persons with a developmental
13            disability, as defined in the Mental Health and
14            Developmental Disabilities Code, or
15                (iii) who are female children who are
16            pregnant, pregnant and parenting, or parenting, or
17                (iv) who are siblings, in facilities that
18            provide separate living quarters for children 18
19            years of age and older and for children under 18
20            years of age.
21    (b) (Blank).
22    (b-5) The Department shall adopt rules to establish a
23process for all licensed residential providers in Illinois to
24submit data as required by the Department, if they contract or
25receive reimbursement for children's mental health, substance
26use, and developmental disability services from the Department



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1of Human Services, the Department of Juvenile Justice, or the
2Department of Healthcare and Family Services. The requested
3data must include, but is not limited to, capacity, staffing,
4and occupancy data for the purpose of establishing State need
5and placement availability.
6    All information collected, shared, or stored pursuant to
7this subsection shall be handled in accordance with all State
8and federal privacy laws and accompanying regulations and
9rules, including without limitation the federal Health
10Insurance Portability and Accountability Act of 1996 (Public
11Law 104-191) and the Mental Health and Developmental
12Disabilities Confidentiality Act.
13    (c) The Department shall establish and maintain
14tax-supported child welfare services and extend and seek to
15improve voluntary services throughout the State, to the end
16that services and care shall be available on an equal basis
17throughout the State to children requiring such services.
18    (d) The Director may authorize advance disbursements for
19any new program initiative to any agency contracting with the
20Department. As a prerequisite for an advance disbursement, the
21contractor must post a surety bond in the amount of the advance
22disbursement and have a purchase of service contract approved
23by the Department. The Department may pay up to 2 months
24operational expenses in advance. The amount of the advance
25disbursement shall be prorated over the life of the contract
26or the remaining months of the fiscal year, whichever is less,



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1and the installment amount shall then be deducted from future
2bills. Advance disbursement authorizations for new initiatives
3shall not be made to any agency after that agency has operated
4during 2 consecutive fiscal years. The requirements of this
5Section concerning advance disbursements shall not apply with
6respect to the following: payments to local public agencies
7for child day care services as authorized by Section 5a of this
8Act; and youth service programs receiving grant funds under
9Section 17a-4.
10    (e) (Blank).
11    (f) (Blank).
12    (g) The Department shall establish rules and regulations
13concerning its operation of programs designed to meet the
14goals of child safety and protection, family preservation,
15family reunification, and adoption, including, but not limited
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile



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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in screening techniques to identify substance
8use disorders, as defined in the Substance Use Disorder Act,
9approved by the Department of Human Services, as a successor
10to the Department of Alcoholism and Substance Abuse, for the
11purpose of identifying children and adults who should be
12referred for an assessment at an organization appropriately
13licensed by the Department of Human Services for substance use
14disorder treatment.
15    (h) If the Department finds that there is no appropriate
16program or facility within or available to the Department for
17a youth in care and that no licensed private facility has an
18adequate and appropriate program or none agrees to accept the
19youth in care, the Department shall create an appropriate
20individualized, program-oriented plan for such youth in care.
21The plan may be developed within the Department or through
22purchase of services by the Department to the extent that it is
23within its statutory authority to do.
24    (i) Service programs shall be available throughout the
25State and shall include but not be limited to the following



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1        (1) case management;
2        (2) homemakers;
3        (3) counseling;
4        (4) parent education;
5        (5) day care; and
6        (6) emergency assistance and advocacy.
7    In addition, the following services may be made available
8to assess and meet the needs of children and families:
9        (1) comprehensive family-based services;
10        (2) assessments;
11        (3) respite care; and
12        (4) in-home health services.
13    The Department shall provide transportation for any of the
14services it makes available to children or families or for
15which it refers children or families.
16    (j) The Department may provide categories of financial
17assistance and education assistance grants, and shall
18establish rules and regulations concerning the assistance and
19grants, to persons who adopt children with physical or mental
20disabilities, children who are older, or other hard-to-place
21children who (i) immediately prior to their adoption were
22youth in care or (ii) were determined eligible for financial
23assistance with respect to a prior adoption and who become
24available for adoption because the prior adoption has been
25dissolved and the parental rights of the adoptive parents have
26been terminated or because the child's adoptive parents have



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1died. The Department may continue to provide financial
2assistance and education assistance grants for a child who was
3determined eligible for financial assistance under this
4subsection (j) in the interim period beginning when the
5child's adoptive parents died and ending with the finalization
6of the new adoption of the child by another adoptive parent or
7parents. The Department may also provide categories of
8financial assistance and education assistance grants, and
9shall establish rules and regulations for the assistance and
10grants, to persons appointed guardian of the person under
11Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
124-25, or 5-740 of the Juvenile Court Act of 1987 for children
13who were youth in care for 12 months immediately prior to the
14appointment of the guardian.
15    The amount of assistance may vary, depending upon the
16needs of the child and the adoptive parents, as set forth in
17the annual assistance agreement. Special purpose grants are
18allowed where the child requires special service but such
19costs may not exceed the amounts which similar services would
20cost the Department if it were to provide or secure them as
21guardian of the child.
22    Any financial assistance provided under this subsection is
23inalienable by assignment, sale, execution, attachment,
24garnishment, or any other remedy for recovery or collection of
25a judgment or debt.
26    (j-5) The Department shall not deny or delay the placement



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1of a child for adoption if an approved family is available
2either outside of the Department region handling the case, or
3outside of the State of Illinois.
4    (k) The Department shall accept for care and training any
5child who has been adjudicated neglected or abused, or
6dependent committed to it pursuant to the Juvenile Court Act
7or the Juvenile Court Act of 1987.
8    (l) The Department shall offer family preservation
9services, as defined in Section 8.2 of the Abused and
10Neglected Child Reporting Act, to help families, including
11adoptive and extended families. Family preservation services
12shall be offered (i) to prevent the placement of children in
13substitute care when the children can be cared for at home or
14in the custody of the person responsible for the children's
15welfare, (ii) to reunite children with their families, or
16(iii) to maintain an adoptive placement. Family preservation
17services shall only be offered when doing so will not endanger
18the children's health or safety. With respect to children who
19are in substitute care pursuant to the Juvenile Court Act of
201987, family preservation services shall not be offered if a
21goal other than those of subdivisions (A), (B), or (B-1) of
22subsection (2) of Section 2-28 of that Act has been set, except
23that reunification services may be offered as provided in
24paragraph (F) of subsection (2) of Section 2-28 of that Act.
25Nothing in this paragraph shall be construed to create a
26private right of action or claim on the part of any individual



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1or child welfare agency, except that when a child is the
2subject of an action under Article II of the Juvenile Court Act
3of 1987 and the child's service plan calls for services to
4facilitate achievement of the permanency goal, the court
5hearing the action under Article II of the Juvenile Court Act
6of 1987 may order the Department to provide the services set
7out in the plan, if those services are not provided with
8reasonable promptness and if those services are available.
9    The Department shall notify the child and his family of
10the Department's responsibility to offer and provide family
11preservation services as identified in the service plan. The
12child and his family shall be eligible for services as soon as
13the report is determined to be "indicated". The Department may
14offer services to any child or family with respect to whom a
15report of suspected child abuse or neglect has been filed,
16prior to concluding its investigation under Section 7.12 of
17the Abused and Neglected Child Reporting Act. However, the
18child's or family's willingness to accept services shall not
19be considered in the investigation. The Department may also
20provide services to any child or family who is the subject of
21any report of suspected child abuse or neglect or may refer
22such child or family to services available from other agencies
23in the community, even if the report is determined to be
24unfounded, if the conditions in the child's or family's home
25are reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of



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1such services shall be voluntary. The Department may also
2provide services to any child or family after completion of a
3family assessment, as an alternative to an investigation, as
4provided under the "differential response program" provided
5for in subsection (a-5) of Section 7.4 of the Abused and
6Neglected Child Reporting Act.
7    The Department may, at its discretion except for those
8children also adjudicated neglected or dependent, accept for
9care and training any child who has been adjudicated addicted,
10as a truant minor in need of supervision or as a minor
11requiring authoritative intervention, under the Juvenile Court
12Act or the Juvenile Court Act of 1987, but no such child shall
13be committed to the Department by any court without the
14approval of the Department. On and after January 1, 2015 (the
15effective date of Public Act 98-803) and before January 1,
162017, a minor charged with a criminal offense under the
17Criminal Code of 1961 or the Criminal Code of 2012 or
18adjudicated delinquent shall not be placed in the custody of
19or committed to the Department by any court, except (i) a minor
20less than 16 years of age committed to the Department under
21Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22for whom an independent basis of abuse, neglect, or dependency
23exists, which must be defined by departmental rule, or (iii) a
24minor for whom the court has granted a supplemental petition
25to reinstate wardship pursuant to subsection (2) of Section
262-33 of the Juvenile Court Act of 1987. On and after January 1,



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12017, a minor charged with a criminal offense under the
2Criminal Code of 1961 or the Criminal Code of 2012 or
3adjudicated delinquent shall not be placed in the custody of
4or committed to the Department by any court, except (i) a minor
5less than 15 years of age committed to the Department under
6Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7for whom an independent basis of abuse, neglect, or dependency
8exists, which must be defined by departmental rule, or (iii) a
9minor for whom the court has granted a supplemental petition
10to reinstate wardship pursuant to subsection (2) of Section
112-33 of the Juvenile Court Act of 1987. An independent basis
12exists when the allegations or adjudication of abuse, neglect,
13or dependency do not arise from the same facts, incident, or
14circumstances which give rise to a charge or adjudication of
15delinquency. The Department shall assign a caseworker to
16attend any hearing involving a youth in the care and custody of
17the Department who is placed on aftercare release, including
18hearings involving sanctions for violation of aftercare
19release conditions and aftercare release revocation hearings.
20    As soon as is possible after August 7, 2009 (the effective
21date of Public Act 96-134), the Department shall develop and
22implement a special program of family preservation services to
23support intact, foster, and adoptive families who are
24experiencing extreme hardships due to the difficulty and
25stress of caring for a child who has been diagnosed with a
26pervasive developmental disorder if the Department determines



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1that those services are necessary to ensure the health and
2safety of the child. The Department may offer services to any
3family whether or not a report has been filed under the Abused
4and Neglected Child Reporting Act. The Department may refer
5the child or family to services available from other agencies
6in the community if the conditions in the child's or family's
7home are reasonably likely to subject the child or family to
8future reports of suspected child abuse or neglect. Acceptance
9of these services shall be voluntary. The Department shall
10develop and implement a public information campaign to alert
11health and social service providers and the general public
12about these special family preservation services. The nature
13and scope of the services offered and the number of families
14served under the special program implemented under this
15paragraph shall be determined by the level of funding that the
16Department annually allocates for this purpose. The term
17"pervasive developmental disorder" under this paragraph means
18a neurological condition, including, but not limited to,
19Asperger's Syndrome and autism, as defined in the most recent
20edition of the Diagnostic and Statistical Manual of Mental
21Disorders of the American Psychiatric Association.
22    (l-1) The legislature recognizes that the best interests
23of the child require that the child be placed in the most
24permanent living arrangement as soon as is practically
25possible. To achieve this goal, the legislature directs the
26Department of Children and Family Services to conduct



SB0724 Enrolled- 19 -LRB103 29722 SPS 56127 b

1concurrent planning so that permanency may occur at the
2earliest opportunity. Permanent living arrangements may
3include prevention of placement of a child outside the home of
4the family when the child can be cared for at home without
5endangering the child's health or safety; reunification with
6the family, when safe and appropriate, if temporary placement
7is necessary; or movement of the child toward the most
8permanent living arrangement and permanent legal status.
9    When determining reasonable efforts to be made with
10respect to a child, as described in this subsection, and in
11making such reasonable efforts, the child's health and safety
12shall be the paramount concern.
13    When a child is placed in foster care, the Department
14shall ensure and document that reasonable efforts were made to
15prevent or eliminate the need to remove the child from the
16child's home. The Department must make reasonable efforts to
17reunify the family when temporary placement of the child
18occurs unless otherwise required, pursuant to the Juvenile
19Court Act of 1987. At any time after the dispositional hearing
20where the Department believes that further reunification
21services would be ineffective, it may request a finding from
22the court that reasonable efforts are no longer appropriate.
23The Department is not required to provide further
24reunification services after such a finding.
25    A decision to place a child in substitute care shall be
26made with considerations of the child's health, safety, and



SB0724 Enrolled- 20 -LRB103 29722 SPS 56127 b

1best interests. At the time of placement, consideration should
2also be given so that if reunification fails or is delayed, the
3placement made is the best available placement to provide
4permanency for the child.
5    The Department shall adopt rules addressing concurrent
6planning for reunification and permanency. The Department
7shall consider the following factors when determining
8appropriateness of concurrent planning:
9        (1) the likelihood of prompt reunification;
10        (2) the past history of the family;
11        (3) the barriers to reunification being addressed by
12    the family;
13        (4) the level of cooperation of the family;
14        (5) the foster parents' willingness to work with the
15    family to reunite;
16        (6) the willingness and ability of the foster family
17    to provide an adoptive home or long-term placement;
18        (7) the age of the child;
19        (8) placement of siblings.
20    (m) The Department may assume temporary custody of any
21child if:
22        (1) it has received a written consent to such
23    temporary custody signed by the parents of the child or by
24    the parent having custody of the child if the parents are
25    not living together or by the guardian or custodian of the
26    child if the child is not in the custody of either parent,



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1    or
2        (2) the child is found in the State and neither a
3    parent, guardian nor custodian of the child can be
4    located.
5If the child is found in his or her residence without a parent,
6guardian, custodian, or responsible caretaker, the Department
7may, instead of removing the child and assuming temporary
8custody, place an authorized representative of the Department
9in that residence until such time as a parent, guardian, or
10custodian enters the home and expresses a willingness and
11apparent ability to ensure the child's health and safety and
12resume permanent charge of the child, or until a relative
13enters the home and is willing and able to ensure the child's
14health and safety and assume charge of the child until a
15parent, guardian, or custodian enters the home and expresses
16such willingness and ability to ensure the child's safety and
17resume permanent charge. After a caretaker has remained in the
18home for a period not to exceed 12 hours, the Department must
19follow those procedures outlined in Section 2-9, 3-11, 4-8, or
205-415 of the Juvenile Court Act of 1987.
21    The Department shall have the authority, responsibilities
22and duties that a legal custodian of the child would have
23pursuant to subsection (9) of Section 1-3 of the Juvenile
24Court Act of 1987. Whenever a child is taken into temporary
25custody pursuant to an investigation under the Abused and
26Neglected Child Reporting Act, or pursuant to a referral and



SB0724 Enrolled- 22 -LRB103 29722 SPS 56127 b

1acceptance under the Juvenile Court Act of 1987 of a minor in
2limited custody, the Department, during the period of
3temporary custody and before the child is brought before a
4judicial officer as required by Section 2-9, 3-11, 4-8, or
55-415 of the Juvenile Court Act of 1987, shall have the
6authority, responsibilities and duties that a legal custodian
7of the child would have under subsection (9) of Section 1-3 of
8the Juvenile Court Act of 1987.
9    The Department shall ensure that any child taken into
10custody is scheduled for an appointment for a medical
12    A parent, guardian, or custodian of a child in the
13temporary custody of the Department who would have custody of
14the child if he were not in the temporary custody of the
15Department may deliver to the Department a signed request that
16the Department surrender the temporary custody of the child.
17The Department may retain temporary custody of the child for
1810 days after the receipt of the request, during which period
19the Department may cause to be filed a petition pursuant to the
20Juvenile Court Act of 1987. If a petition is so filed, the
21Department shall retain temporary custody of the child until
22the court orders otherwise. If a petition is not filed within
23the 10-day period, the child shall be surrendered to the
24custody of the requesting parent, guardian, or custodian not
25later than the expiration of the 10-day period, at which time
26the authority and duties of the Department with respect to the



SB0724 Enrolled- 23 -LRB103 29722 SPS 56127 b

1temporary custody of the child shall terminate.
2    (m-1) The Department may place children under 18 years of
3age in a secure child care facility licensed by the Department
4that cares for children who are in need of secure living
5arrangements for their health, safety, and well-being after a
6determination is made by the facility director and the
7Director or the Director's designate prior to admission to the
8facility subject to Section 2-27.1 of the Juvenile Court Act
9of 1987. This subsection (m-1) does not apply to a child who is
10subject to placement in a correctional facility operated
11pursuant to Section 3-15-2 of the Unified Code of Corrections,
12unless the child is a youth in care who was placed in the care
13of the Department before being subject to placement in a
14correctional facility and a court of competent jurisdiction
15has ordered placement of the child in a secure care facility.
16    (n) The Department may place children under 18 years of
17age in licensed child care facilities when in the opinion of
18the Department, appropriate services aimed at family
19preservation have been unsuccessful and cannot ensure the
20child's health and safety or are unavailable and such
21placement would be for their best interest. Payment for board,
22clothing, care, training and supervision of any child placed
23in a licensed child care facility may be made by the
24Department, by the parents or guardians of the estates of
25those children, or by both the Department and the parents or
26guardians, except that no payments shall be made by the



SB0724 Enrolled- 24 -LRB103 29722 SPS 56127 b

1Department for any child placed in a licensed child care
2facility for board, clothing, care, training and supervision
3of such a child that exceed the average per capita cost of
4maintaining and of caring for a child in institutions for
5dependent or neglected children operated by the Department.
6However, such restriction on payments does not apply in cases
7where children require specialized care and treatment for
8problems of severe emotional disturbance, physical disability,
9social adjustment, or any combination thereof and suitable
10facilities for the placement of such children are not
11available at payment rates within the limitations set forth in
12this Section. All reimbursements for services delivered shall
13be absolutely inalienable by assignment, sale, attachment, or
14garnishment or otherwise.
15    (n-1) The Department shall provide or authorize child
16welfare services, aimed at assisting minors to achieve
17sustainable self-sufficiency as independent adults, for any
18minor eligible for the reinstatement of wardship pursuant to
19subsection (2) of Section 2-33 of the Juvenile Court Act of
201987, whether or not such reinstatement is sought or allowed,
21provided that the minor consents to such services and has not
22yet attained the age of 21. The Department shall have
23responsibility for the development and delivery of services
24under this Section. An eligible youth may access services
25under this Section through the Department of Children and
26Family Services or by referral from the Department of Human



SB0724 Enrolled- 25 -LRB103 29722 SPS 56127 b

1Services. Youth participating in services under this Section
2shall cooperate with the assigned case manager in developing
3an agreement identifying the services to be provided and how
4the youth will increase skills to achieve self-sufficiency. A
5homeless shelter is not considered appropriate housing for any
6youth receiving child welfare services under this Section. The
7Department shall continue child welfare services under this
8Section to any eligible minor until the minor becomes 21 years
9of age, no longer consents to participate, or achieves
10self-sufficiency as identified in the minor's service plan.
11The Department of Children and Family Services shall create
12clear, readable notice of the rights of former foster youth to
13child welfare services under this Section and how such
14services may be obtained. The Department of Children and
15Family Services and the Department of Human Services shall
16disseminate this information statewide. The Department shall
17adopt regulations describing services intended to assist
18minors in achieving sustainable self-sufficiency as
19independent adults.
20    (o) The Department shall establish an administrative
21review and appeal process for children and families who
22request or receive child welfare services from the Department.
23Youth in care who are placed by private child welfare
24agencies, and foster families with whom those youth are
25placed, shall be afforded the same procedural and appeal
26rights as children and families in the case of placement by the



SB0724 Enrolled- 26 -LRB103 29722 SPS 56127 b

1Department, including the right to an initial review of a
2private agency decision by that agency. The Department shall
3ensure that any private child welfare agency, which accepts
4youth in care for placement, affords those rights to children
5and foster families. The Department shall accept for
6administrative review and an appeal hearing a complaint made
7by (i) a child or foster family concerning a decision
8following an initial review by a private child welfare agency
9or (ii) a prospective adoptive parent who alleges a violation
10of subsection (j-5) of this Section. An appeal of a decision
11concerning a change in the placement of a child shall be
12conducted in an expedited manner. A court determination that a
13current foster home placement is necessary and appropriate
14under Section 2-28 of the Juvenile Court Act of 1987 does not
15constitute a judicial determination on the merits of an
16administrative appeal, filed by a former foster parent,
17involving a change of placement decision.
18    (p) (Blank).
19    (q) The Department may receive and use, in their entirety,
20for the benefit of children any gift, donation, or bequest of
21money or other property which is received on behalf of such
22children, or any financial benefits to which such children are
23or may become entitled while under the jurisdiction or care of
24the Department, except that the benefits described in Section
255.46 must be used and conserved consistent with the provisions
26under Section 5.46.



SB0724 Enrolled- 27 -LRB103 29722 SPS 56127 b

1    The Department shall set up and administer no-cost,
2interest-bearing accounts in appropriate financial
3institutions for children for whom the Department is legally
4responsible and who have been determined eligible for
5Veterans' Benefits, Social Security benefits, assistance
6allotments from the armed forces, court ordered payments,
7parental voluntary payments, Supplemental Security Income,
8Railroad Retirement payments, Black Lung benefits, or other
9miscellaneous payments. Interest earned by each account shall
10be credited to the account, unless disbursed in accordance
11with this subsection.
12    In disbursing funds from children's accounts, the
13Department shall:
14        (1) Establish standards in accordance with State and
15    federal laws for disbursing money from children's
16    accounts. In all circumstances, the Department's
17    "Guardianship Administrator" or his or her designee must
18    approve disbursements from children's accounts. The
19    Department shall be responsible for keeping complete
20    records of all disbursements for each account for any
21    purpose.
22        (2) Calculate on a monthly basis the amounts paid from
23    State funds for the child's board and care, medical care
24    not covered under Medicaid, and social services; and
25    utilize funds from the child's account, as covered by
26    regulation, to reimburse those costs. Monthly,



SB0724 Enrolled- 28 -LRB103 29722 SPS 56127 b

1    disbursements from all children's accounts, up to 1/12 of
2    $13,000,000, shall be deposited by the Department into the
3    General Revenue Fund and the balance over 1/12 of
4    $13,000,000 into the DCFS Children's Services Fund.
5        (3) Maintain any balance remaining after reimbursing
6    for the child's costs of care, as specified in item (2).
7    The balance shall accumulate in accordance with relevant
8    State and federal laws and shall be disbursed to the child
9    or his or her guardian, or to the issuing agency.
10    (r) The Department shall promulgate regulations
11encouraging all adoption agencies to voluntarily forward to
12the Department or its agent names and addresses of all persons
13who have applied for and have been approved for adoption of a
14hard-to-place child or child with a disability and the names
15of such children who have not been placed for adoption. A list
16of such names and addresses shall be maintained by the
17Department or its agent, and coded lists which maintain the
18confidentiality of the person seeking to adopt the child and
19of the child shall be made available, without charge, to every
20adoption agency in the State to assist the agencies in placing
21such children for adoption. The Department may delegate to an
22agent its duty to maintain and make available such lists. The
23Department shall ensure that such agent maintains the
24confidentiality of the person seeking to adopt the child and
25of the child.
26    (s) The Department of Children and Family Services may



SB0724 Enrolled- 29 -LRB103 29722 SPS 56127 b

1establish and implement a program to reimburse Department and
2private child welfare agency foster parents licensed by the
3Department of Children and Family Services for damages
4sustained by the foster parents as a result of the malicious or
5negligent acts of foster children, as well as providing third
6party coverage for such foster parents with regard to actions
7of foster children to other individuals. Such coverage will be
8secondary to the foster parent liability insurance policy, if
9applicable. The program shall be funded through appropriations
10from the General Revenue Fund, specifically designated for
11such purposes.
12    (t) The Department shall perform home studies and
13investigations and shall exercise supervision over visitation
14as ordered by a court pursuant to the Illinois Marriage and
15Dissolution of Marriage Act or the Adoption Act only if:
16        (1) an order entered by an Illinois court specifically
17    directs the Department to perform such services; and
18        (2) the court has ordered one or both of the parties to
19    the proceeding to reimburse the Department for its
20    reasonable costs for providing such services in accordance
21    with Department rules, or has determined that neither
22    party is financially able to pay.
23    The Department shall provide written notification to the
24court of the specific arrangements for supervised visitation
25and projected monthly costs within 60 days of the court order.
26The Department shall send to the court information related to



SB0724 Enrolled- 30 -LRB103 29722 SPS 56127 b

1the costs incurred except in cases where the court has
2determined the parties are financially unable to pay. The
3court may order additional periodic reports as appropriate.
4    (u) In addition to other information that must be
5provided, whenever the Department places a child with a
6prospective adoptive parent or parents, in a licensed foster
7home, group home, or child care institution, or in a relative
8home, the Department shall provide to the prospective adoptive
9parent or parents or other caretaker:
10        (1) available detailed information concerning the
11    child's educational and health history, copies of
12    immunization records (including insurance and medical card
13    information), a history of the child's previous
14    placements, if any, and reasons for placement changes
15    excluding any information that identifies or reveals the
16    location of any previous caretaker;
17        (2) a copy of the child's portion of the client
18    service plan, including any visitation arrangement, and
19    all amendments or revisions to it as related to the child;
20    and
21        (3) information containing details of the child's
22    individualized educational plan when the child is
23    receiving special education services.
24    The caretaker shall be informed of any known social or
25behavioral information (including, but not limited to,
26criminal background, fire setting, perpetuation of sexual



SB0724 Enrolled- 31 -LRB103 29722 SPS 56127 b

1abuse, destructive behavior, and substance abuse) necessary to
2care for and safeguard the children to be placed or currently
3in the home. The Department may prepare a written summary of
4the information required by this paragraph, which may be
5provided to the foster or prospective adoptive parent in
6advance of a placement. The foster or prospective adoptive
7parent may review the supporting documents in the child's file
8in the presence of casework staff. In the case of an emergency
9placement, casework staff shall at least provide known
10information verbally, if necessary, and must subsequently
11provide the information in writing as required by this
13    The information described in this subsection shall be
14provided in writing. In the case of emergency placements when
15time does not allow prior review, preparation, and collection
16of written information, the Department shall provide such
17information as it becomes available. Within 10 business days
18after placement, the Department shall obtain from the
19prospective adoptive parent or parents or other caretaker a
20signed verification of receipt of the information provided.
21Within 10 business days after placement, the Department shall
22provide to the child's guardian ad litem a copy of the
23information provided to the prospective adoptive parent or
24parents or other caretaker. The information provided to the
25prospective adoptive parent or parents or other caretaker
26shall be reviewed and approved regarding accuracy at the



SB0724 Enrolled- 32 -LRB103 29722 SPS 56127 b

1supervisory level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Illinois State Police Law if the Department determines
18the information is necessary to perform its duties under the
19Abused and Neglected Child Reporting Act, the Child Care Act
20of 1969, and the Children and Family Services Act. The
21Department shall provide for interactive computerized
22communication and processing equipment that permits direct
23on-line communication with the Illinois State Police's central
24criminal history data repository. The Department shall comply
25with all certification requirements and provide certified
26operators who have been trained by personnel from the Illinois



SB0724 Enrolled- 33 -LRB103 29722 SPS 56127 b

1State Police. In addition, one Office of the Inspector General
2investigator shall have training in the use of the criminal
3history information access system and have access to the
4terminal. The Department of Children and Family Services and
5its employees shall abide by rules and regulations established
6by the Illinois State Police relating to the access and
7dissemination of this information.
8    (v-1) Prior to final approval for placement of a child,
9the Department shall conduct a criminal records background
10check of the prospective foster or adoptive parent, including
11fingerprint-based checks of national crime information
12databases. Final approval for placement shall not be granted
13if the record check reveals a felony conviction for child
14abuse or neglect, for spousal abuse, for a crime against
15children, or for a crime involving violence, including rape,
16sexual assault, or homicide, but not including other physical
17assault or battery, or if there is a felony conviction for
18physical assault, battery, or a drug-related offense committed
19within the past 5 years.
20    (v-2) Prior to final approval for placement of a child,
21the Department shall check its child abuse and neglect
22registry for information concerning prospective foster and
23adoptive parents, and any adult living in the home. If any
24prospective foster or adoptive parent or other adult living in
25the home has resided in another state in the preceding 5 years,
26the Department shall request a check of that other state's



SB0724 Enrolled- 34 -LRB103 29722 SPS 56127 b

1child abuse and neglect registry.
2    (w) Within 120 days of August 20, 1995 (the effective date
3of Public Act 89-392), the Department shall prepare and submit
4to the Governor and the General Assembly, a written plan for
5the development of in-state licensed secure child care
6facilities that care for children who are in need of secure
7living arrangements for their health, safety, and well-being.
8For purposes of this subsection, secure care facility shall
9mean a facility that is designed and operated to ensure that
10all entrances and exits from the facility, a building or a
11distinct part of the building, are under the exclusive control
12of the staff of the facility, whether or not the child has the
13freedom of movement within the perimeter of the facility,
14building, or distinct part of the building. The plan shall
15include descriptions of the types of facilities that are
16needed in Illinois; the cost of developing these secure care
17facilities; the estimated number of placements; the potential
18cost savings resulting from the movement of children currently
19out-of-state who are projected to be returned to Illinois; the
20necessary geographic distribution of these facilities in
21Illinois; and a proposed timetable for development of such
23    (x) The Department shall conduct annual credit history
24checks to determine the financial history of children placed
25under its guardianship pursuant to the Juvenile Court Act of
261987. The Department shall conduct such credit checks starting



SB0724 Enrolled- 35 -LRB103 29722 SPS 56127 b

1when a youth in care turns 12 years old and each year
2thereafter for the duration of the guardianship as terminated
3pursuant to the Juvenile Court Act of 1987. The Department
4shall determine if financial exploitation of the child's
5personal information has occurred. If financial exploitation
6appears to have taken place or is presently ongoing, the
7Department shall notify the proper law enforcement agency, the
8proper State's Attorney, or the Attorney General.
9    (y) Beginning on July 22, 2010 (the effective date of
10Public Act 96-1189), a child with a disability who receives
11residential and educational services from the Department shall
12be eligible to receive transition services in accordance with
13Article 14 of the School Code from the age of 14.5 through age
1421, inclusive, notwithstanding the child's residential
15services arrangement. For purposes of this subsection, "child
16with a disability" means a child with a disability as defined
17by the federal Individuals with Disabilities Education
18Improvement Act of 2004.
19    (z) The Department shall access criminal history record
20information as defined as "background information" in this
21subsection and criminal history record information as defined
22in the Illinois Uniform Conviction Information Act for each
23Department employee or Department applicant. Each Department
24employee or Department applicant shall submit his or her
25fingerprints to the Illinois State Police in the form and
26manner prescribed by the Illinois State Police. These



SB0724 Enrolled- 36 -LRB103 29722 SPS 56127 b

1fingerprints shall be checked against the fingerprint records
2now and hereafter filed in the Illinois State Police and the
3Federal Bureau of Investigation criminal history records
4databases. The Illinois State Police shall charge a fee for
5conducting the criminal history record check, which shall be
6deposited into the State Police Services Fund and shall not
7exceed the actual cost of the record check. The Illinois State
8Police shall furnish, pursuant to positive identification, all
9Illinois conviction information to the Department of Children
10and Family Services.
11    For purposes of this subsection:
12    "Background information" means all of the following:
13        (i) Upon the request of the Department of Children and
14    Family Services, conviction information obtained from the
15    Illinois State Police as a result of a fingerprint-based
16    criminal history records check of the Illinois criminal
17    history records database and the Federal Bureau of
18    Investigation criminal history records database concerning
19    a Department employee or Department applicant.
20        (ii) Information obtained by the Department of
21    Children and Family Services after performing a check of
22    the Illinois State Police's Sex Offender Database, as
23    authorized by Section 120 of the Sex Offender Community
24    Notification Law, concerning a Department employee or
25    Department applicant.
26        (iii) Information obtained by the Department of



SB0724 Enrolled- 37 -LRB103 29722 SPS 56127 b

1    Children and Family Services after performing a check of
2    the Child Abuse and Neglect Tracking System (CANTS)
3    operated and maintained by the Department.
4    "Department employee" means a full-time or temporary
5employee coded or certified within the State of Illinois
6Personnel System.
7    "Department applicant" means an individual who has
8conditional Department full-time or part-time work, a
9contractor, an individual used to replace or supplement staff,
10an academic intern, a volunteer in Department offices or on
11Department contracts, a work-study student, an individual or
12entity licensed by the Department, or an unlicensed service
13provider who works as a condition of a contract or an agreement
14and whose work may bring the unlicensed service provider into
15contact with Department clients or client records.
16(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
188-20-21; 102-1014, eff. 5-27-22.)
19    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
20    Sec. 17. Youth and Community Services Program. The
21Department of Human Services shall develop a State program for
22youth and community services which will assure that youth who
23come into contact or may come into contact with either the
24child welfare system or the juvenile the child welfare and the
25juvenile justice system systems will have access to needed



SB0724 Enrolled- 38 -LRB103 29722 SPS 56127 b

1community, prevention, diversion, emergency and independent
2living services. The term "youth" means a person under the age
3of 19 years. The term "homeless youth" means a youth who cannot
4be reunited with his or her family and is not in a safe and
5stable living situation. This Section shall not be construed
6to require the Department of Human Services to provide
7services under this Section to any homeless youth who is at
8least 18 years of age but is younger than 19 years of age;
9however, the Department may, in its discretion, provide
10services under this Section to any such homeless youth.
11    (a) The goals of the program shall be to:
12        (1) maintain children and youths in their own
13    community;
14        (2) eliminate unnecessary categorical funding of
15    programs by funding more comprehensive and integrated
16    programs;
17        (3) encourage local volunteers and voluntary
18    associations in developing programs aimed at preventing
19    and controlling juvenile delinquency;
20        (4) address voids in services and close service gaps;
21        (5) develop program models aimed at strengthening the
22    relationships between youth and their families and aimed
23    at developing healthy, independent lives for homeless
24    youth;
25        (6) contain costs by redirecting funding to more
26    comprehensive and integrated community-based services; and



SB0724 Enrolled- 39 -LRB103 29722 SPS 56127 b

1        (7) coordinate education, employment, training and
2    other programs for youths with other State agencies.
3    (b) The duties of the Department under the program shall
4be to:
5        (1) design models for service delivery by local
6    communities;
7        (2) test alternative systems for delivering youth
8    services;
9        (3) develop standards necessary to achieve and
10    maintain, on a statewide basis, more comprehensive and
11    integrated community-based youth services;
12        (4) monitor and provide technical assistance to local
13    boards and local service systems;
14        (5) assist local organizations in developing programs
15    which address the problems of youths and their families
16    through direct services, advocacy with institutions, and
17    improvement of local conditions; and
18        (6) (blank); and develop a statewide adoption
19    awareness campaign aimed at pregnant teenagers.
20        (7) establish temporary emergency placements for youth
21    in crisis as defined by the Children's Behavioral Health
22    Transformation Team through comprehensive community-based
23    youth services provider grants.
24            (A) Temporary emergency placements:
25                (i) must be licensed through the Department of
26            Children and Family Services or, in the case of a



SB0724 Enrolled- 40 -LRB103 29722 SPS 56127 b

1            foster home or host home, by the supervising child
2            welfare agency;
3                (ii) must be strategically situated to meet
4            regional need and minimize geographic disruption
5            in consultation with the Children's Behavioral
6            Health Transformation Officer and the Children's
7            Behavioral Health Transformation Team; and
8                (iii) shall include Comprehensive
9            Community-Based Youth Services program host homes,
10            foster homes, homeless youth shelters, Department
11            of Children and Family Services youth shelters, or
12            other licensed placements for minor youth
13            compliant with the Child Care Act of 1969 provided
14            under the Comprehensive Community-Based Youth
15            Services program.
16            (B) Beginning on the effective date of this
17        amendatory Act of the 103rd General Assembly, once
18        sufficient capacity has been developed, temporary
19        emergency placements must also include temporary
20        emergency placement shelters provided under the
21        Comprehensive Community-Based Youth Services program.
22        Temporary emergency placement shelters shall be
23        managed by Comprehensive Community-Based Youth
24        Services provider organizations and shall be available
25        to house youth receiving interim 24/7 crisis
26        intervention services as defined by the Juvenile Court



SB0724 Enrolled- 41 -LRB103 29722 SPS 56127 b

1        Act of 1987 and the Comprehensive Community-Based
2        Youth Services program grant and the Department, and
3        shall provide access to clinical supports for youth
4        while staying at the shelter.
5            (C) Comprehensive Community-Based Youth Services
6        organizations shall retain the sole authority to place
7        youth in host homes and temporary emergency placement
8        shelters provided under the Comprehensive
9        Community-Based Youth Services program.
10            (D) Crisis youth, as defined by the Children's
11        Behavioral Health Transformation Team, shall be
12        prioritized in temporary emergency placements.
13            (E) Additional placement options may be authorized
14        for crisis and non-crisis program youth with the
15        permission of the youth's parent or legal guardian.
16            (F) While in a temporary emergency placement, the
17        organization shall work with the parent, guardian, or
18        custodian to effectuate the youth's return home or to
19        an alternative long-term living arrangement. As
20        necessary, the agency or association shall also work
21        with the youth's local school district, the
22        Department, the Department of Human Services, the
23        Department of Healthcare and Family Services, and the
24        Department of Juvenile Justice to identify immediate
25        and long-term services, treatment, or placement.
26    Nothing in this Section shall be construed or applied in a



SB0724 Enrolled- 42 -LRB103 29722 SPS 56127 b

1manner that would conflict with, diminish, or infringe upon,
2any State agency's obligation to comply fully with
3requirements imposed under a court order or State or federal
4consent decree applicable to that agency.
5(Source: P.A. 89-507, eff. 7-1-97.)
6    Section 17. The Mental Health and Developmental
7Disabilities Administrative Act is amended by adding Section
811.4 as follows:
9    (20 ILCS 1705/11.4 new)
10    Sec. 11.4. Care portal for families with children who have
11complex behavioral health needs. The Department shall
12establish and maintain a public-facing Care Portal to serve as
13a centralized resource for families with children who have
14significant and complex behavioral health needs. The Care
15Portal shall streamline the process of directing families and
16guardians to the appropriate level and type of care for their
17children. In consultation with the Children's Behavioral
18Health Transformation Officer, the Department shall develop
19specifications for the Care Portal that ensure automatic
20service eligibility matching, transparent data sharing,
21regular reporting, and appropriate staffing, among other
22items. The Department shall, in coordination with the
23Departments of Children and Family Services, Healthcare and
24Family Services, Juvenile Justice, and Public Health as well



SB0724 Enrolled- 43 -LRB103 29722 SPS 56127 b

1as the State Board of Education, develop training and
2communication for school districts, hospital social workers,
3and system partners to demonstrate how individuals can assist
4a family seeking youth behavioral health services and how to
5access the Care Portal. Such training must include information
6on the applicable federal and State law for the determination
7of the need for residential placements for educational
8purposes by individualized education program (IEP) teams.
9Procedures for use of the Care Portal must not prohibit or
10limit residential facilities from accepting students placed by
11school districts for educational purposes as determined by the
12IEP team.
13    Section 20. The School Code is amended by changing
14Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
152-3.196 as follows:
16    (105 ILCS 5/2-3.163)
17    Sec. 2-3.163. Prioritization of Urgency of Need for
18Services database.
19    (a) The General Assembly makes all of the following
21        (1) The Department of Human Services maintains a
22    statewide database known as the Prioritization of Urgency
23    of Need for Services that records information about
24    individuals with developmental disabilities who are



SB0724 Enrolled- 44 -LRB103 29722 SPS 56127 b

1    potentially in need of services.
2        (2) The Department of Human Services uses the data on
3    Prioritization of Urgency of Need for Services to select
4    individuals for services as funding becomes available, to
5    develop proposals and materials for budgeting, and to plan
6    for future needs.
7        (3) Prioritization of Urgency of Need for Services is
8    available for children and adults with a developmental
9    disability who have an unmet service need anticipated in
10    the next 5 years.
11        (4) Prioritization of Urgency of Need for Services is
12    the first step toward getting developmental disabilities
13    services in this State. If individuals are not on the
14    Prioritization of Urgency of Need for Services waiting
15    list, they are not in queue for State developmental
16    disabilities services.
17        (5) Prioritization of Urgency of Need for Services may
18    be underutilized by children and their parents or
19    guardians due to lack of awareness or lack of information.
20    (b) The State Board of Education may work with school
21districts to inform all students with developmental
22disabilities and their parents or guardians about the
23Prioritization of Urgency of Need for Services database.
24    (c) Subject to appropriation, the Department of Human
25Services and State Board of Education shall develop and
26implement an online, computer-based training program for at



SB0724 Enrolled- 45 -LRB103 29722 SPS 56127 b

1least one designated employee in every public school in this
2State to educate him or her about the Prioritization of
3Urgency of Need for Services database and steps to be taken to
4ensure children and adolescents are enrolled. The training
5shall include instruction for at least one designated employee
6in every public school in contacting the appropriate
7developmental disabilities Independent Service Coordination
8agency to enroll children and adolescents in the database. At
9least one designated employee in every public school shall
10ensure the opportunity to enroll in the Prioritization of
11Urgency of Need for Services database is discussed during
12annual individualized education program (IEP) meetings for all
13children and adolescents believed to have a developmental
15    (d) The State Board of Education, in consultation with the
16Department of Human Services, through school districts, shall
17provide to parents and guardians of students a copy of the
18Department of Human Services's guide titled "Understanding
19PUNS: A Guide to Prioritization for Urgency of Need for
20Services" each year at the annual review meeting for the
21student's individualized education program, including the
22consideration required in subsection (e) of this Section.
23    (e) The Department of Human Services shall consider the
24length of time spent on the Prioritization of Urgency of Need
25for Services waiting list, in addition to other factors
26considered, when selecting individuals on the list for



SB0724 Enrolled- 46 -LRB103 29722 SPS 56127 b

2    (f) Subject to appropriation, the Department of Human
3Services shall expand its selection of individuals from the
4Prioritization of Urgency of Need for Services database to
5include individuals who receive services through the Children
6and Young Adults with Developmental Disabilities - Support
8(Source: P.A. 102-57, eff. 7-9-21.)
9    (105 ILCS 5/2-3.196 new)
10    Sec. 2-3.196. Mental health screenings. On or before
11December 15, 2023, the State Board of Education, in
12consultation with the Children's Behavioral Health
13Transformation Officer, Children's Behavioral Health
14Transformation Team, and the Office of the Governor, shall
15file a report with the Governor and the General Assembly that
16includes recommendations for implementation of mental health
17screenings in schools for students enrolled in kindergarten
18through grade 12. This report must include a landscape scan of
19current district-wide screenings, recommendations for
20screening tools, training for staff, and linkage and referral
21for identified students.
22    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
23    Sec. 14-7.02. Children attending private schools, public
24out-of-state schools, public school residential facilities or



SB0724 Enrolled- 47 -LRB103 29722 SPS 56127 b

1private special education facilities.
2    (a) The General Assembly recognizes that non-public
3schools or special education facilities provide an important
4service in the educational system in Illinois.
5    (b) If a student's individualized education program (IEP)
6team determines that because of his or her disability the
7special education program of a district is unable to meet the
8needs of the child and the child attends a non-public school or
9special education facility, a public out-of-state school or a
10special education facility owned and operated by a county
11government unit that provides special educational services
12required by the child and is in compliance with the
13appropriate rules and regulations of the State Superintendent
14of Education, the school district in which the child is a
15resident shall pay the actual cost of tuition for special
16education and related services provided during the regular
17school term and during the summer school term if the child's
18educational needs so require, excluding room, board and
19transportation costs charged the child by that non-public
20school or special education facility, public out-of-state
21school or county special education facility, or $4,500 per
22year, whichever is less, and shall provide him any necessary
23transportation. "Nonpublic special education facility" shall
24include a residential facility, within or without the State of
25Illinois, which provides special education and related
26services to meet the needs of the child by utilizing private



SB0724 Enrolled- 48 -LRB103 29722 SPS 56127 b

1schools or public schools, whether located on the site or off
2the site of the residential facility. Resident district
3financial responsibility and reimbursement applies for both
4nonpublic special education facilities that are approved by
5the State Board of Education pursuant to 23 Ill. Adm. Code 401
6or other applicable laws or rules and for emergency placements
7in nonpublic special education facilities that are not
8approved by the State Board of Education pursuant to 23 Ill.
9Adm. Code 401 or other applicable laws or rules, subject to the
10requirements of this Section.
11    (c) Prior to the placement of a child in an out-of-state
12special education residential facility, the school district
13must refer to the child or the child's parent or guardian the
14option to place the child in a special education residential
15facility located within this State, if any, that provides
16treatment and services comparable to those provided by the
17out-of-state special education residential facility. The
18school district must review annually the placement of a child
19in an out-of-state special education residential facility. As
20a part of the review, the school district must refer to the
21child or the child's parent or guardian the option to place the
22child in a comparable special education residential facility
23located within this State, if any.
24    (c-5) Before a provider that operates a nonpublic special
25education facility terminates a student's placement in that
26facility, the provider must request an IEP meeting from the



SB0724 Enrolled- 49 -LRB103 29722 SPS 56127 b

1contracting school district. If the provider elects to
2terminate the student's placement following the IEP meeting,
3the provider must give written notice to this effect to the
4parent or guardian, the contracting public school district,
5and the State Board of Education no later than 20 business days
6before the date of termination, unless the health and safety
7of any student are endangered. The notice must include the
8detailed reasons for the termination and any actions taken to
9address the reason for the termination.
10    (d) Payments shall be made by the resident school district
11to the entity providing the educational services, whether the
12entity is the nonpublic special education facility or the
13school district wherein the facility is located, no less than
14once per quarter, unless otherwise agreed to in writing by the
16    (e) A school district may place a student in a nonpublic
17special education facility providing educational services, but
18not approved by the State Board of Education pursuant to 23
19Ill. Adm. Code 401 or other applicable laws or rules, provided
20that the State Board of Education provides an emergency and
21student-specific approval for placement. The State Board of
22Education shall promptly, within 10 days after the request,
23approve a request for emergency and student-specific approval
24for placement if the following have been demonstrated to the
25State Board of Education:
26        (1) the facility demonstrates appropriate licensure of



SB0724 Enrolled- 50 -LRB103 29722 SPS 56127 b

1    teachers for the student population;
2        (2) the facility demonstrates age-appropriate
3    curriculum;
4        (3) the facility provides enrollment and attendance
5    data;
6        (4) the facility demonstrates the ability to implement
7    the child's IEP; and
8        (5) the school district demonstrates that it made good
9    faith efforts to place the student in an approved
10    facility, but no approved facility has accepted the
11    student or has availability for immediate placement of the
12    student.
13A resident school district may also submit such proof to the
14State Board of Education as may be required for its student.
15The State Board of Education may not unreasonably withhold
16approval once satisfactory proof is provided to the State
18    (f) If an impartial due process hearing officer who is
19contracted by the State Board of Education pursuant to this
20Article orders placement of a student with a disability in a
21residential facility that is not approved by the State Board
22of Education, then, for purposes of this Section, the facility
23shall be deemed approved for placement and school district
24payments and State reimbursements shall be made accordingly.
25    (g) Emergency placement in a facility approved pursuant to
26subsection (e) or (f) may continue to be utilized so long as



SB0724 Enrolled- 51 -LRB103 29722 SPS 56127 b

1(i) the student's IEP team determines annually that such
2placement continues to be appropriate to meet the student's
3needs and (ii) at least every 3 years following the student's
4placement, the IEP team reviews appropriate placements
5approved by the State Board of Education pursuant to 23 Ill.
6Adm. Code 401 or other applicable laws or rules to determine
7whether there are any approved placements that can meet the
8student's needs, have accepted the student, and have
9availability for placement of the student.
10    (h) The State Board of Education shall promulgate rules
11and regulations for determining when placement in a private
12special education facility is appropriate. Such rules and
13regulations shall take into account the various types of
14services needed by a child and the availability of such
15services to the particular child in the public school. In
16developing these rules and regulations the State Board of
17Education shall consult with the Advisory Council on Education
18of Children with Disabilities and hold public hearings to
19secure recommendations from parents, school personnel, and
20others concerned about this matter.
21    The State Board of Education shall also promulgate rules
22and regulations for transportation to and from a residential
23school. Transportation to and from home to a residential
24school more than once each school term shall be subject to
25prior approval by the State Superintendent in accordance with
26the rules and regulations of the State Board.



SB0724 Enrolled- 52 -LRB103 29722 SPS 56127 b

1    (i) A school district making tuition payments pursuant to
2this Section is eligible for reimbursement from the State for
3the amount of such payments actually made in excess of the
4district per capita tuition charge for students not receiving
5special education services. Such reimbursement shall be
6approved in accordance with Section 14-12.01 and each district
7shall file its claims, computed in accordance with rules
8prescribed by the State Board of Education, on forms
9prescribed by the State Superintendent of Education. Data used
10as a basis of reimbursement claims shall be for the preceding
11regular school term and summer school term. Each school
12district shall transmit its claims to the State Board of
13Education on or before August 15. The State Board of
14Education, before approving any such claims, shall determine
15their accuracy and whether they are based upon services and
16facilities provided under approved programs. Upon approval the
17State Board shall cause vouchers to be prepared showing the
18amount due for payment of reimbursement claims to school
19districts, for transmittal to the State Comptroller on the
2030th day of September, December, and March, respectively, and
21the final voucher, no later than June 20. If the money
22appropriated by the General Assembly for such purpose for any
23year is insufficient, it shall be apportioned on the basis of
24the claims approved.
25    (j) No child shall be placed in a special education
26program pursuant to this Section if the tuition cost for



SB0724 Enrolled- 53 -LRB103 29722 SPS 56127 b

1special education and related services increases more than 10
2percent over the tuition cost for the previous school year or
3exceeds $4,500 per year unless such costs have been approved
4by the Illinois Purchased Care Review Board. The Illinois
5Purchased Care Review Board shall consist of the following
6persons, or their designees: the Directors of Children and
7Family Services, Public Health, Public Aid, and the Governor's
8Office of Management and Budget; the Secretary of Human
9Services; the State Superintendent of Education; and such
10other persons as the Governor may designate. The Review Board
11shall also consist of one non-voting member who is an
12administrator of a private, nonpublic, special education
13school. The Review Board shall establish rules and regulations
14for its determination of allowable costs and payments made by
15local school districts for special education, room and board,
16and other related services provided by non-public schools or
17special education facilities and shall establish uniform
18standards and criteria which it shall follow. The Review Board
19shall approve the usual and customary rate or rates of a
20special education program that (i) is offered by an
21out-of-state, non-public provider of integrated autism
22specific educational and autism specific residential services,
23(ii) offers 2 or more levels of residential care, including at
24least one locked facility, and (iii) serves 12 or fewer
25Illinois students.
26    (k) In determining rates based on allowable costs, the



SB0724 Enrolled- 54 -LRB103 29722 SPS 56127 b

1Review Board shall consider any wage increases awarded by the
2General Assembly to front line personnel defined as direct
3support persons, aides, front-line supervisors, qualified
4intellectual disabilities professionals, nurses, and
5non-administrative support staff working in service settings
6in community-based settings within the State and adjust
7customary rates or rates of a special education program to be
8equitable to the wage increase awarded to similar staff
9positions in a community residential setting. Any wage
10increase awarded by the General Assembly to front line
11personnel defined as direct support persons, aides, front-line
12supervisors, qualified intellectual disabilities
13professionals, nurses, and non-administrative support staff
14working in community-based settings within the State,
15including the $0.75 per hour increase contained in Public Act
16100-23 and the $0.50 per hour increase included in Public Act
17100-23, shall also be a basis for any facility covered by this
18Section to appeal its rate before the Review Board under the
19process defined in Title 89, Part 900, Section 340 of the
20Illinois Administrative Code. Illinois Administrative Code
21Title 89, Part 900, Section 342 shall be updated to recognize
22wage increases awarded to community-based settings to be a
23basis for appeal. However, any wage increase that is captured
24upon appeal from a previous year shall not be counted by the
25Review Board as revenue for the purpose of calculating a
26facility's future rate.



SB0724 Enrolled- 55 -LRB103 29722 SPS 56127 b

1    (l) Any definition used by the Review Board in
2administrative rule or policy to define "related
3organizations" shall include any and all exceptions contained
4in federal law or regulation as it pertains to the federal
5definition of "related organizations".
6    (m) The Review Board shall establish uniform definitions
7and criteria for accounting separately by special education,
8room and board and other related services costs. The Board
9shall also establish guidelines for the coordination of
10services and financial assistance provided by all State
11agencies to assure that no otherwise qualified child with a
12disability receiving services under Article 14 shall be
13excluded from participation in, be denied the benefits of or
14be subjected to discrimination under any program or activity
15provided by any State agency.
16    (n) The Review Board shall review the costs for special
17education and related services provided by non-public schools
18or special education facilities and shall approve or
19disapprove such facilities in accordance with the rules and
20regulations established by it with respect to allowable costs.
21    (o) The State Board of Education shall provide
22administrative and staff support for the Review Board as
23deemed reasonable by the State Superintendent of Education.
24This support shall not include travel expenses or other
25compensation for any Review Board member other than the State
26Superintendent of Education.



SB0724 Enrolled- 56 -LRB103 29722 SPS 56127 b

1    (p) The Review Board shall seek the advice of the Advisory
2Council on Education of Children with Disabilities on the
3rules and regulations to be promulgated by it relative to
4providing special education services.
5    (q) If a child has been placed in a program in which the
6actual per pupil costs of tuition for special education and
7related services based on program enrollment, excluding room,
8board and transportation costs, exceed $4,500 and such costs
9have been approved by the Review Board, the district shall pay
10such total costs which exceed $4,500. A district making such
11tuition payments in excess of $4,500 pursuant to this Section
12shall be responsible for an amount in excess of $4,500 equal to
13the district per capita tuition charge and shall be eligible
14for reimbursement from the State for the amount of such
15payments actually made in excess of the districts per capita
16tuition charge for students not receiving special education
18    (r) If a child has been placed in an approved individual
19program and the tuition costs including room and board costs
20have been approved by the Review Board, then such room and
21board costs shall be paid by the appropriate State agency
22subject to the provisions of Section 14-8.01 of this Act. Room
23and board costs not provided by a State agency other than the
24State Board of Education shall be provided by the State Board
25of Education on a current basis. In no event, however, shall
26the State's liability for funding of these tuition costs begin



SB0724 Enrolled- 57 -LRB103 29722 SPS 56127 b

1until after the legal obligations of third party payors have
2been subtracted from such costs. If the money appropriated by
3the General Assembly for such purpose for any year is
4insufficient, it shall be apportioned on the basis of the
5claims approved. Each district shall submit estimated claims
6to the State Superintendent of Education. Upon approval of
7such claims, the State Superintendent of Education shall
8direct the State Comptroller to make payments on a monthly
9basis. The frequency for submitting estimated claims and the
10method of determining payment shall be prescribed in rules and
11regulations adopted by the State Board of Education. Such
12current state reimbursement shall be reduced by an amount
13equal to the proceeds which the child or child's parents are
14eligible to receive under any public or private insurance or
15assistance program. Nothing in this Section shall be construed
16as relieving an insurer or similar third party from an
17otherwise valid obligation to provide or to pay for services
18provided to a child with a disability.
19    (s) If it otherwise qualifies, a school district is
20eligible for the transportation reimbursement under Section
2114-13.01 and for the reimbursement of tuition payments under
22this Section whether the non-public school or special
23education facility, public out-of-state school or county
24special education facility, attended by a child who resides in
25that district and requires special educational services, is
26within or outside of the State of Illinois. However, a



SB0724 Enrolled- 58 -LRB103 29722 SPS 56127 b

1district is not eligible to claim transportation reimbursement
2under this Section unless the district certifies to the State
3Superintendent of Education that the district is unable to
4provide special educational services required by the child for
5the current school year.
6    (t) Nothing in this Section authorizes the reimbursement
7of a school district for the amount paid for tuition of a child
8attending a non-public school or special education facility,
9public out-of-state school or county special education
10facility unless the school district certifies to the State
11Superintendent of Education that the special education program
12of that district is unable to meet the needs of that child
13because of his disability and the State Superintendent of
14Education finds that the school district is in substantial
15compliance with Section 14-4.01. However, if a child is
16unilaterally placed by a State agency or any court in a
17non-public school or special education facility, public
18out-of-state school, or county special education facility, a
19school district shall not be required to certify to the State
20Superintendent of Education, for the purpose of tuition
21reimbursement, that the special education program of that
22district is unable to meet the needs of a child because of his
23or her disability.
24    (u) Any educational or related services provided, pursuant
25to this Section in a non-public school or special education
26facility or a special education facility owned and operated by



SB0724 Enrolled- 59 -LRB103 29722 SPS 56127 b

1a county government unit shall be at no cost to the parent or
2guardian of the child. However, current law and practices
3relative to contributions by parents or guardians for costs
4other than educational or related services are not affected by
5this amendatory Act of 1978.
6    (v) Reimbursement for children attending public school
7residential facilities shall be made in accordance with the
8provisions of this Section.
9    (w) Notwithstanding any other provision of law, any school
10district receiving a payment under this Section or under
11Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
12all or a portion of the funds that it receives in a particular
13fiscal year or from general State aid pursuant to Section
1418-8.05 of this Code as funds received in connection with any
15funding program for which it is entitled to receive funds from
16the State in that fiscal year (including, without limitation,
17any funding program referenced in this Section), regardless of
18the source or timing of the receipt. The district may not
19classify more funds as funds received in connection with the
20funding program than the district is entitled to receive in
21that fiscal year for that program. Any classification by a
22district must be made by a resolution of its board of
23education. The resolution must identify the amount of any
24payments or general State aid to be classified under this
25paragraph and must specify the funding program to which the
26funds are to be treated as received in connection therewith.



SB0724 Enrolled- 60 -LRB103 29722 SPS 56127 b

1This resolution is controlling as to the classification of
2funds referenced therein. A certified copy of the resolution
3must be sent to the State Superintendent of Education. The
4resolution shall still take effect even though a copy of the
5resolution has not been sent to the State Superintendent of
6Education in a timely manner. No classification under this
7paragraph by a district shall affect the total amount or
8timing of money the district is entitled to receive under this
9Code. No classification under this paragraph by a district
10shall in any way relieve the district from or affect any
11requirements that otherwise would apply with respect to that
12funding program, including any accounting of funds by source,
13reporting expenditures by original source and purpose,
14reporting requirements, or requirements of providing services.
15(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
16102-703, eff. 4-22-22.)
17    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
18    Sec. 14-15.01. Community and Residential Services
20    (a) (1) The Community and Residential Services Authority
21is hereby created and shall consist of the following members:
22    A representative of the State Board of Education;
23    Four representatives of the Department of Human Services
24appointed by the Secretary of Human Services, with one member
25from the Division of Community Health and Prevention, one



SB0724 Enrolled- 61 -LRB103 29722 SPS 56127 b

1member from the Division of Developmental Disabilities, one
2member from the Division of Mental Health, and one member from
3the Division of Rehabilitation Services;
4    A representative of the Department of Children and Family
6    A representative of the Department of Juvenile Justice;
7    A representative of the Department of Healthcare and
8Family Services;
9    A representative of the Attorney General's Disability
10Rights Advocacy Division;
11    The Chairperson and Minority Spokesperson of the House and
12Senate Committees on Elementary and Secondary Education or
13their designees; and
14    Six persons appointed by the Governor. Five of such
15appointees shall be experienced or knowledgeable relative to
16provision of services for individuals with a behavior disorder
17or a severe emotional disturbance and shall include
18representatives of both the private and public sectors, except
19that no more than 2 of those 5 appointees may be from the
20public sector and at least 2 must be or have been directly
21involved in provision of services to such individuals. The
22remaining member appointed by the Governor shall be or shall
23have been a parent of an individual with a behavior disorder or
24a severe emotional disturbance, and that appointee may be from
25either the private or the public sector.
26    (2) Members appointed by the Governor shall be appointed



SB0724 Enrolled- 62 -LRB103 29722 SPS 56127 b

1for terms of 4 years and shall continue to serve until their
2respective successors are appointed; provided that the terms
3of the original appointees shall expire on August 1, 1990. Any
4vacancy in the office of a member appointed by the Governor
5shall be filled by appointment of the Governor for the
6remainder of the term.
7    A vacancy in the office of a member appointed by the
8Governor exists when one or more of the following events
10        (i) An appointee dies;
11        (ii) An appointee files a written resignation with the
12    Governor;
13        (iii) An appointee ceases to be a legal resident of
14    the State of Illinois; or
15        (iv) An appointee fails to attend a majority of
16    regularly scheduled Authority meetings in a fiscal year.
17    Members who are representatives of an agency shall serve
18at the will of the agency head. Membership on the Authority
19shall cease immediately upon cessation of their affiliation
20with the agency. If such a vacancy occurs, the appropriate
21agency head shall appoint another person to represent the
23    If a legislative member of the Authority ceases to be
24Chairperson or Minority Spokesperson of the designated
25Committees, they shall automatically be replaced on the
26Authority by the person who assumes the position of



SB0724 Enrolled- 63 -LRB103 29722 SPS 56127 b

1Chairperson or Minority Spokesperson.
2    (b) The Community and Residential Services Authority shall
3have the following powers and duties:
4        (1) Serve as a Parent/Guardian Navigator Assistance
5    Program, to work directly with parents/guardians of youth
6    with behavioral health concerns to provide assistance
7    coordinating efforts with public agencies, including but
8    not limited to local school district, State Board of
9    Education, the Department of Human Services, Department of
10    Children and Family Services, the Department of Healthcare
11    and Family Services, Department of Public Health, and
12    Department of Juvenile Justice. To conduct surveys to
13    determine the extent of need, the degree to which
14    documented need is currently being met and feasible
15    alternatives for matching need with resources.
16        (2) Work in conjunction with the new Care Portal and
17    Care Portal Team to utilize the centralized IT platform
18    for communication and case management, including
19    collaboration on the development of Portal training,
20    communications to the public, business processes for case
21    triage, assignment, and referral. To develop policy
22    statements for interagency cooperation to cover all
23    aspects of service delivery, including laws, regulations
24    and procedures, and clear guidelines for determining
25    responsibility at all times.
26        (3) To develop and submit to the Governor, the General



SB0724 Enrolled- 64 -LRB103 29722 SPS 56127 b

1    Assembly, the Directors of the agencies represented on the
2    Authority, and State Board of Education a master plan for
3    operating the Parent/Guardian Navigator Assistance
4    Program, including how referrals are made, plan for
5    dispute relative to plans of service or funding for plans
6    of service, plans to include parents with lived experience
7    as peer supports. To recommend policy statements and
8    provide information regarding effective programs for
9    delivery of services to all individuals under 22 years of
10    age with a behavior disorder or a severe emotional
11    disturbance in public or private situations.
12        (4) (Blank). To review the criteria for service
13    eligibility, provision and availability established by the
14    governmental agencies represented on this Authority, and
15    to recommend changes, additions or deletions to such
16    criteria.
17        (5) (Blank). To develop and submit to the Governor,
18    the General Assembly, the Directors of the agencies
19    represented on the Authority, and the State Board of
20    Education a master plan for individuals under 22 years of
21    age with a behavior disorder or a severe emotional
22    disturbance, including detailed plans of service ranging
23    from the least to the most restrictive options; and to
24    assist local communities, upon request, in developing or
25    strengthening collaborative interagency networks.
26        (6) (Blank). To develop a process for making



SB0724 Enrolled- 65 -LRB103 29722 SPS 56127 b

1    determinations in situations where there is a dispute
2    relative to a plan of service for individuals or funding
3    for a plan of service.
4        (7) (Blank). To provide technical assistance to
5    parents, service consumers, providers, and member agency
6    personnel regarding statutory responsibilities of human
7    service and educational agencies, and to provide such
8    assistance as deemed necessary to appropriately access
9    needed services.
10        (8) (Blank). To establish a pilot program to act as a
11    residential research hub to research and identify
12    appropriate residential settings for youth who are being
13    housed in an emergency room for more than 72 hours or who
14    are deemed beyond medical necessity in a psychiatric
15    hospital. If a child is deemed beyond medical necessity in
16    a psychiatric hospital and is in need of residential
17    placement, the goal of the program is to prevent a
18    lock-out pursuant to the goals of the Custody
19    Relinquishment Prevention Act.
20    (c) (1) The members of the Authority shall receive no
21compensation for their services but shall be entitled to
22reimbursement of reasonable expenses incurred while performing
23their duties.
24    (2) The Authority may appoint special study groups to
25operate under the direction of the Authority and persons
26appointed to such groups shall receive only reimbursement of



SB0724 Enrolled- 66 -LRB103 29722 SPS 56127 b

1reasonable expenses incurred in the performance of their
3    (3) The Authority shall elect from its membership a
4chairperson, vice-chairperson and secretary.
5    (4) The Authority may employ and fix the compensation of
6such employees and technical assistants as it deems necessary
7to carry out its powers and duties under this Act. Staff
8assistance for the Authority shall be provided by the State
9Board of Education.
10    (5) Funds for the ordinary and contingent expenses of the
11Authority shall be appropriated to the State Board of
12Education in a separate line item.
13    (d) (1) The Authority shall have power to promulgate rules
14and regulations to carry out its powers and duties under this
16    (2) The Authority may accept monetary gifts or grants from
17the federal government or any agency thereof, from any
18charitable foundation or professional association or from any
19other reputable source for implementation of any program
20necessary or desirable to the carrying out of the general
21purposes of the Authority. Such gifts and grants may be held in
22trust by the Authority and expended in the exercise of its
23powers and performance of its duties as prescribed by law.
24    (3) The Authority shall submit an annual report of its
25activities and expenditures to the Governor, the General
26Assembly, the directors of agencies represented on the



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1Authority, and the State Superintendent of Education, due
2January 1 of each year.
3    (e) The Executive Director of the Authority or his or her
4designee shall be added as a participant on the Interagency
5Clinical Team established in the intergovernmental agreement
6among the Department of Healthcare and Family Services, the
7Department of Children and Family Services, the Department of
8Human Services, the State Board of Education, the Department
9of Juvenile Justice, and the Department of Public Health, with
10consent of the youth or the youth's guardian or family
11pursuant to the Custody Relinquishment Prevention Act.
12(Source: P.A. 102-43, eff. 7-6-21.)
13    Section 25. The Illinois Public Aid Code is amended by
14changing Section 5-30.1 as follows:
15    (305 ILCS 5/5-30.1)
16    Sec. 5-30.1. Managed care protections.
17    (a) As used in this Section:
18    "Managed care organization" or "MCO" means any entity
19which contracts with the Department to provide services where
20payment for medical services is made on a capitated basis.
21    "Emergency services" include:
22        (1) emergency services, as defined by Section 10 of
23    the Managed Care Reform and Patient Rights Act;
24        (2) emergency medical screening examinations, as



SB0724 Enrolled- 68 -LRB103 29722 SPS 56127 b

1    defined by Section 10 of the Managed Care Reform and
2    Patient Rights Act;
3        (3) post-stabilization medical services, as defined by
4    Section 10 of the Managed Care Reform and Patient Rights
5    Act; and
6        (4) emergency medical conditions, as defined by
7    Section 10 of the Managed Care Reform and Patient Rights
8    Act.
9    (b) As provided by Section 5-16.12, managed care
10organizations are subject to the provisions of the Managed
11Care Reform and Patient Rights Act.
12    (c) An MCO shall pay any provider of emergency services
13that does not have in effect a contract with the contracted
14Medicaid MCO. The default rate of reimbursement shall be the
15rate paid under Illinois Medicaid fee-for-service program
16methodology, including all policy adjusters, including but not
17limited to Medicaid High Volume Adjustments, Medicaid
18Percentage Adjustments, Outpatient High Volume Adjustments,
19and all outlier add-on adjustments to the extent such
20adjustments are incorporated in the development of the
21applicable MCO capitated rates.
22    (d) An MCO shall pay for all post-stabilization services
23as a covered service in any of the following situations:
24        (1) the MCO authorized such services;
25        (2) such services were administered to maintain the
26    enrollee's stabilized condition within one hour after a



SB0724 Enrolled- 69 -LRB103 29722 SPS 56127 b

1    request to the MCO for authorization of further
2    post-stabilization services;
3        (3) the MCO did not respond to a request to authorize
4    such services within one hour;
5        (4) the MCO could not be contacted; or
6        (5) the MCO and the treating provider, if the treating
7    provider is a non-affiliated provider, could not reach an
8    agreement concerning the enrollee's care and an affiliated
9    provider was unavailable for a consultation, in which case
10    the MCO must pay for such services rendered by the
11    treating non-affiliated provider until an affiliated
12    provider was reached and either concurred with the
13    treating non-affiliated provider's plan of care or assumed
14    responsibility for the enrollee's care. Such payment shall
15    be made at the default rate of reimbursement paid under
16    Illinois Medicaid fee-for-service program methodology,
17    including all policy adjusters, including but not limited
18    to Medicaid High Volume Adjustments, Medicaid Percentage
19    Adjustments, Outpatient High Volume Adjustments and all
20    outlier add-on adjustments to the extent that such
21    adjustments are incorporated in the development of the
22    applicable MCO capitated rates.
23    (e) The following requirements apply to MCOs in
24determining payment for all emergency services:
25        (1) MCOs shall not impose any requirements for prior
26    approval of emergency services.



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1        (2) The MCO shall cover emergency services provided to
2    enrollees who are temporarily away from their residence
3    and outside the contracting area to the extent that the
4    enrollees would be entitled to the emergency services if
5    they still were within the contracting area.
6        (3) The MCO shall have no obligation to cover medical
7    services provided on an emergency basis that are not
8    covered services under the contract.
9        (4) The MCO shall not condition coverage for emergency
10    services on the treating provider notifying the MCO of the
11    enrollee's screening and treatment within 10 days after
12    presentation for emergency services.
13        (5) The determination of the attending emergency
14    physician, or the provider actually treating the enrollee,
15    of whether an enrollee is sufficiently stabilized for
16    discharge or transfer to another facility, shall be
17    binding on the MCO. The MCO shall cover emergency services
18    for all enrollees whether the emergency services are
19    provided by an affiliated or non-affiliated provider.
20        (6) The MCO's financial responsibility for
21    post-stabilization care services it has not pre-approved
22    ends when:
23            (A) a plan physician with privileges at the
24        treating hospital assumes responsibility for the
25        enrollee's care;
26            (B) a plan physician assumes responsibility for



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1        the enrollee's care through transfer;
2            (C) a contracting entity representative and the
3        treating physician reach an agreement concerning the
4        enrollee's care; or
5            (D) the enrollee is discharged.
6    (f) Network adequacy and transparency.
7        (1) The Department shall:
8            (A) ensure that an adequate provider network is in
9        place, taking into consideration health professional
10        shortage areas and medically underserved areas;
11            (B) publicly release an explanation of its process
12        for analyzing network adequacy;
13            (C) periodically ensure that an MCO continues to
14        have an adequate network in place;
15            (D) require MCOs, including Medicaid Managed Care
16        Entities as defined in Section 5-30.2, to meet
17        provider directory requirements under Section 5-30.3;
18            (E) require MCOs to ensure that any
19        Medicaid-certified provider under contract with an MCO
20        and previously submitted on a roster on the date of
21        service is paid for any medically necessary,
22        Medicaid-covered, and authorized service rendered to
23        any of the MCO's enrollees, regardless of inclusion on
24        the MCO's published and publicly available directory
25        of available providers; and
26            (F) require MCOs, including Medicaid Managed Care



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1        Entities as defined in Section 5-30.2, to meet each of
2        the requirements under subsection (d-5) of Section 10
3        of the Network Adequacy and Transparency Act; with
4        necessary exceptions to the MCO's network to ensure
5        that admission and treatment with a provider or at a
6        treatment facility in accordance with the network
7        adequacy standards in paragraph (3) of subsection
8        (d-5) of Section 10 of the Network Adequacy and
9        Transparency Act is limited to providers or facilities
10        that are Medicaid certified.
11        (2) Each MCO shall confirm its receipt of information
12    submitted specific to physician or dentist additions or
13    physician or dentist deletions from the MCO's provider
14    network within 3 days after receiving all required
15    information from contracted physicians or dentists, and
16    electronic physician and dental directories must be
17    updated consistent with current rules as published by the
18    Centers for Medicare and Medicaid Services or its
19    successor agency.
20    (g) Timely payment of claims.
21        (1) The MCO shall pay a claim within 30 days of
22    receiving a claim that contains all the essential
23    information needed to adjudicate the claim.
24        (2) The MCO shall notify the billing party of its
25    inability to adjudicate a claim within 30 days of
26    receiving that claim.



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1        (3) The MCO shall pay a penalty that is at least equal
2    to the timely payment interest penalty imposed under
3    Section 368a of the Illinois Insurance Code for any claims
4    not timely paid.
5            (A) When an MCO is required to pay a timely payment
6        interest penalty to a provider, the MCO must calculate
7        and pay the timely payment interest penalty that is
8        due to the provider within 30 days after the payment of
9        the claim. In no event shall a provider be required to
10        request or apply for payment of any owed timely
11        payment interest penalties.
12            (B) Such payments shall be reported separately
13        from the claim payment for services rendered to the
14        MCO's enrollee and clearly identified as interest
15        payments.
16        (4)(A) The Department shall require MCOs to expedite
17    payments to providers identified on the Department's
18    expedited provider list, determined in accordance with 89
19    Ill. Adm. Code 140.71(b), on a schedule at least as
20    frequently as the providers are paid under the
21    Department's fee-for-service expedited provider schedule.
22        (B) Compliance with the expedited provider requirement
23    may be satisfied by an MCO through the use of a Periodic
24    Interim Payment (PIP) program that has been mutually
25    agreed to and documented between the MCO and the provider,
26    if the PIP program ensures that any expedited provider



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1    receives regular and periodic payments based on prior
2    period payment experience from that MCO. Total payments
3    under the PIP program may be reconciled against future PIP
4    payments on a schedule mutually agreed to between the MCO
5    and the provider.
6        (C) The Department shall share at least monthly its
7    expedited provider list and the frequency with which it
8    pays providers on the expedited list.
9    (g-5) Recognizing that the rapid transformation of the
10Illinois Medicaid program may have unintended operational
11challenges for both payers and providers:
12        (1) in no instance shall a medically necessary covered
13    service rendered in good faith, based upon eligibility
14    information documented by the provider, be denied coverage
15    or diminished in payment amount if the eligibility or
16    coverage information available at the time the service was
17    rendered is later found to be inaccurate in the assignment
18    of coverage responsibility between MCOs or the
19    fee-for-service system, except for instances when an
20    individual is deemed to have not been eligible for
21    coverage under the Illinois Medicaid program; and
22        (2) the Department shall, by December 31, 2016, adopt
23    rules establishing policies that shall be included in the
24    Medicaid managed care policy and procedures manual
25    addressing payment resolutions in situations in which a
26    provider renders services based upon information obtained



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1    after verifying a patient's eligibility and coverage plan
2    through either the Department's current enrollment system
3    or a system operated by the coverage plan identified by
4    the patient presenting for services:
5            (A) such medically necessary covered services
6        shall be considered rendered in good faith;
7            (B) such policies and procedures shall be
8        developed in consultation with industry
9        representatives of the Medicaid managed care health
10        plans and representatives of provider associations
11        representing the majority of providers within the
12        identified provider industry; and
13            (C) such rules shall be published for a review and
14        comment period of no less than 30 days on the
15        Department's website with final rules remaining
16        available on the Department's website.
17        The rules on payment resolutions shall include, but
18    not be limited to:
19            (A) the extension of the timely filing period;
20            (B) retroactive prior authorizations; and
21            (C) guaranteed minimum payment rate of no less
22        than the current, as of the date of service,
23        fee-for-service rate, plus all applicable add-ons,
24        when the resulting service relationship is out of
25        network.
26        The rules shall be applicable for both MCO coverage



SB0724 Enrolled- 76 -LRB103 29722 SPS 56127 b

1    and fee-for-service coverage.
2    If the fee-for-service system is ultimately determined to
3have been responsible for coverage on the date of service, the
4Department shall provide for an extended period for claims
5submission outside the standard timely filing requirements.
6    (g-6) MCO Performance Metrics Report.
7        (1) The Department shall publish, on at least a
8    quarterly basis, each MCO's operational performance,
9    including, but not limited to, the following categories of
10    metrics:
11            (A) claims payment, including timeliness and
12        accuracy;
13            (B) prior authorizations;
14            (C) grievance and appeals;
15            (D) utilization statistics;
16            (E) provider disputes;
17            (F) provider credentialing; and
18            (G) member and provider customer service.
19        (2) The Department shall ensure that the metrics
20    report is accessible to providers online by January 1,
21    2017.
22        (3) The metrics shall be developed in consultation
23    with industry representatives of the Medicaid managed care
24    health plans and representatives of associations
25    representing the majority of providers within the
26    identified industry.



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1        (4) Metrics shall be defined and incorporated into the
2    applicable Managed Care Policy Manual issued by the
3    Department.
4    (g-7) MCO claims processing and performance analysis. In
5order to monitor MCO payments to hospital providers, pursuant
6to Public Act 100-580, the Department shall post an analysis
7of MCO claims processing and payment performance on its
8website every 6 months. Such analysis shall include a review
9and evaluation of a representative sample of hospital claims
10that are rejected and denied for clean and unclean claims and
11the top 5 reasons for such actions and timeliness of claims
12adjudication, which identifies the percentage of claims
13adjudicated within 30, 60, 90, and over 90 days, and the dollar
14amounts associated with those claims.
15    (g-8) Dispute resolution process. The Department shall
16maintain a provider complaint portal through which a provider
17can submit to the Department unresolved disputes with an MCO.
18An unresolved dispute means an MCO's decision that denies in
19whole or in part a claim for reimbursement to a provider for
20health care services rendered by the provider to an enrollee
21of the MCO with which the provider disagrees. Disputes shall
22not be submitted to the portal until the provider has availed
23itself of the MCO's internal dispute resolution process.
24Disputes that are submitted to the MCO internal dispute
25resolution process may be submitted to the Department of
26Healthcare and Family Services' complaint portal no sooner



SB0724 Enrolled- 78 -LRB103 29722 SPS 56127 b

1than 30 days after submitting to the MCO's internal process
2and not later than 30 days after the unsatisfactory resolution
3of the internal MCO process or 60 days after submitting the
4dispute to the MCO internal process. Multiple claim disputes
5involving the same MCO may be submitted in one complaint,
6regardless of whether the claims are for different enrollees,
7when the specific reason for non-payment of the claims
8involves a common question of fact or policy. Within 10
9business days of receipt of a complaint, the Department shall
10present such disputes to the appropriate MCO, which shall then
11have 30 days to issue its written proposal to resolve the
12dispute. The Department may grant one 30-day extension of this
13time frame to one of the parties to resolve the dispute. If the
14dispute remains unresolved at the end of this time frame or the
15provider is not satisfied with the MCO's written proposal to
16resolve the dispute, the provider may, within 30 days, request
17the Department to review the dispute and make a final
18determination. Within 30 days of the request for Department
19review of the dispute, both the provider and the MCO shall
20present all relevant information to the Department for
21resolution and make individuals with knowledge of the issues
22available to the Department for further inquiry if needed.
23Within 30 days of receiving the relevant information on the
24dispute, or the lapse of the period for submitting such
25information, the Department shall issue a written decision on
26the dispute based on contractual terms between the provider



SB0724 Enrolled- 79 -LRB103 29722 SPS 56127 b

1and the MCO, contractual terms between the MCO and the
2Department of Healthcare and Family Services and applicable
3Medicaid policy. The decision of the Department shall be
4final. By January 1, 2020, the Department shall establish by
5rule further details of this dispute resolution process.
6Disputes between MCOs and providers presented to the
7Department for resolution are not contested cases, as defined
8in Section 1-30 of the Illinois Administrative Procedure Act,
9conferring any right to an administrative hearing.
10    (g-9)(1) The Department shall publish annually on its
11website a report on the calculation of each managed care
12organization's medical loss ratio showing the following:
13        (A) Premium revenue, with appropriate adjustments.
14        (B) Benefit expense, setting forth the aggregate
15    amount spent for the following:
16            (i) Direct paid claims.
17            (ii) Subcapitation payments.
18            (iii) Other claim payments.
19            (iv) Direct reserves.
20            (v) Gross recoveries.
21            (vi) Expenses for activities that improve health
22        care quality as allowed by the Department.
23    (2) The medical loss ratio shall be calculated consistent
24with federal law and regulation following a claims runout
25period determined by the Department.
26    (g-10)(1) "Liability effective date" means the date on



SB0724 Enrolled- 80 -LRB103 29722 SPS 56127 b

1which an MCO becomes responsible for payment for medically
2necessary and covered services rendered by a provider to one
3of its enrollees in accordance with the contract terms between
4the MCO and the provider. The liability effective date shall
5be the later of:
6        (A) The execution date of a network participation
7    contract agreement.
8        (B) The date the provider or its representative
9    submits to the MCO the complete and accurate standardized
10    roster form for the provider in the format approved by the
11    Department.
12        (C) The provider effective date contained within the
13    Department's provider enrollment subsystem within the
14    Illinois Medicaid Program Advanced Cloud Technology
15    (IMPACT) System.
16    (2) The standardized roster form may be submitted to the
17MCO at the same time that the provider submits an enrollment
18application to the Department through IMPACT.
19    (3) By October 1, 2019, the Department shall require all
20MCOs to update their provider directory with information for
21new practitioners of existing contracted providers within 30
22days of receipt of a complete and accurate standardized roster
23template in the format approved by the Department provided
24that the provider is effective in the Department's provider
25enrollment subsystem within the IMPACT system. Such provider
26directory shall be readily accessible for purposes of



SB0724 Enrolled- 81 -LRB103 29722 SPS 56127 b

1selecting an approved health care provider and comply with all
2other federal and State requirements.
3    (g-11) The Department shall work with relevant
4stakeholders on the development of operational guidelines to
5enhance and improve operational performance of Illinois'
6Medicaid managed care program, including, but not limited to,
7improving provider billing practices, reducing claim
8rejections and inappropriate payment denials, and
9standardizing processes, procedures, definitions, and response
10timelines, with the goal of reducing provider and MCO
11administrative burdens and conflict. The Department shall
12include a report on the progress of these program improvements
13and other topics in its Fiscal Year 2020 annual report to the
14General Assembly.
15    (g-12) Notwithstanding any other provision of law, if the
16Department or an MCO requires submission of a claim for
17payment in a non-electronic format, a provider shall always be
18afforded a period of no less than 90 business days, as a
19correction period, following any notification of rejection by
20either the Department or the MCO to correct errors or
21omissions in the original submission.
22    Under no circumstances, either by an MCO or under the
23State's fee-for-service system, shall a provider be denied
24payment for failure to comply with any timely submission
25requirements under this Code or under any existing contract,
26unless the non-electronic format claim submission occurs after



SB0724 Enrolled- 82 -LRB103 29722 SPS 56127 b

1the initial 180 days following the latest date of service on
2the claim, or after the 90 business days correction period
3following notification to the provider of rejection or denial
4of payment.
5    (h) The Department shall not expand mandatory MCO
6enrollment into new counties beyond those counties already
7designated by the Department as of June 1, 2014 for the
8individuals whose eligibility for medical assistance is not
9the seniors or people with disabilities population until the
10Department provides an opportunity for accountable care
11entities and MCOs to participate in such newly designated
13    (h-5) Leading indicator data sharing. By January 1, 2024,
14the Department shall obtain input from the Department of Human
15Services, the Department of Juvenile Justice, the Department
16of Children and Family Services, the State Board of Education,
17managed care organizations, providers, and clinical experts to
18identify and analyze key indicators from assessments and data
19sets available to the Department that can be shared with
20managed care organizations and similar care coordination
21entities contracted with the Department as leading indicators
22for elevated behavioral health crisis risk for children. To
23the extent permitted by State and federal law, the identified
24leading indicators shall be shared with managed care
25organizations and similar care coordination entities
26contracted with the Department within 6 months of



SB0724 Enrolled- 83 -LRB103 29722 SPS 56127 b

1identification for the purpose of improving care coordination
2with the early detection of elevated risk. Leading indicators
3shall be reassessed annually with stakeholder input.
4    (i) The requirements of this Section apply to contracts
5with accountable care entities and MCOs entered into, amended,
6or renewed after June 16, 2014 (the effective date of Public
7Act 98-651).
8    (j) Health care information released to managed care
9organizations. A health care provider shall release to a
10Medicaid managed care organization, upon request, and subject
11to the Health Insurance Portability and Accountability Act of
121996 and any other law applicable to the release of health
13information, the health care information of the MCO's
14enrollee, if the enrollee has completed and signed a general
15release form that grants to the health care provider
16permission to release the recipient's health care information
17to the recipient's insurance carrier.
18    (k) The Department of Healthcare and Family Services,
19managed care organizations, a statewide organization
20representing hospitals, and a statewide organization
21representing safety-net hospitals shall explore ways to
22support billing departments in safety-net hospitals.
23    (l) The requirements of this Section added by Public Act
24102-4 shall apply to services provided on or after the first
25day of the month that begins 60 days after April 27, 2021 (the
26effective date of Public Act 102-4).



SB0724 Enrolled- 84 -LRB103 29722 SPS 56127 b

1(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
2102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
38-20-21; 102-813, eff. 5-13-22.)
4    Section 30. The Juvenile Court Act of 1987 is amended by
5changing Section 3-5 as follows:
6    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
7    Sec. 3-5. Interim crisis intervention services.
8    (a) Any minor who is taken into limited custody, or who
9independently requests or is referred for assistance, may be
10provided crisis intervention services by an agency or
11association, as defined in this Act, provided the association
12or agency staff (i) immediately investigate the circumstances
13of the minor and the facts surrounding the minor being taken
14into custody and promptly explain these facts and
15circumstances to the minor, and (ii) make a reasonable effort
16to inform the minor's parent, guardian or custodian of the
17fact that the minor has been taken into limited custody and
18where the minor is being kept, and (iii) if the minor consents,
19make a reasonable effort to transport, arrange for the
20transportation of, or otherwise release the minor to the
21parent, guardian or custodian. Upon release of the child who
22is believed to need or benefit from medical, psychological,
23psychiatric or social services, the association or agency may
24inform the minor and the person to whom the minor is released



SB0724 Enrolled- 85 -LRB103 29722 SPS 56127 b

1of the nature and location of appropriate services and shall,
2if requested, assist in establishing contact between the
3family and other associations or agencies providing such
4services. If the agency or association is unable by all
5reasonable efforts to contact a parent, guardian or custodian,
6or if the person contacted lives an unreasonable distance
7away, or if the minor refuses to be taken to his or her home or
8other appropriate residence, or if the agency or association
9is otherwise unable despite all reasonable efforts to make
10arrangements for the safe return of the minor, the minor may be
11taken to a temporary living arrangement which is in compliance
12with the Child Care Act of 1969 or which is with persons agreed
13to by the parents and the agency or association.
14    (b) An agency or association is authorized to permit a
15minor to be sheltered in a temporary living arrangement
16provided the agency seeks to effect the minor's return home or
17alternative living arrangements agreeable to the minor and the
18parent, guardian, or custodian as soon as practicable. No
19minor shall be sheltered in a temporary living arrangement for
20more than 21 business days. Throughout such limited custody,
21the agency or association shall work with the parent,
22guardian, or custodian and the minor's local school district,
23the Department of Human Services, the Department of Healthcare
24and Family Services, the Department of Juvenile Justice, and
25the Department of Children and Family Services to identify
26immediate and long-term treatment or placement. 48 hours,



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1excluding Saturdays, Sundays, and court-designated holidays,
2when the agency has reported the minor as neglected or abused
3because the parent, guardian, or custodian refuses to permit
4the child to return home, provided that in all other instances
5the minor may be sheltered when the agency obtains the consent
6of the parent, guardian, or custodian or documents its
7unsuccessful efforts to obtain the consent or authority of the
8parent, guardian, or custodian, including recording the date
9and the staff involved in all telephone calls, telegrams,
10letters, and personal contacts to obtain the consent or
11authority, in which instances the minor may be so sheltered
12for not more than 21 days. If at any time during the crisis
13intervention there is a concern that the minor has experienced
14abuse or neglect, the Comprehensive Community Based-Youth
15Services provider shall contact the parent, guardian or
16custodian refuses to permit the minor to return home, and no
17other living arrangement agreeable to the parent, guardian, or
18custodian can be made, and the parent, guardian, or custodian
19has not made any other appropriate living arrangement for the
20child, the agency may deem the minor to be neglected and report
21the neglect to the Department of Children and Family Services
22as provided in the Abused and Neglected Child Reporting Act.
23The Child Protective Service Unit of the Department of
24Children and Family Services shall begin an investigation of
25the report within 24 hours after receiving the report and
26shall determine whether to file a petition alleging that the



SB0724 Enrolled- 87 -LRB103 29722 SPS 56127 b

1minor is neglected or abused as described in Section 2-3 of
2this Act. Subject to appropriation, the Department may take
3the minor into temporary protective custody at any time after
4receiving the report, provided that the Department shall take
5temporary protective custody within 48 hours of receiving the
6report if its investigation is not completed. If the
7Department of Children and Family Services determines that the
8minor is not a neglected minor because the minor is an
9immediate physical danger to himself, herself, or others
10living in the home, then the Department shall take immediate
11steps to either secure the minor's immediate admission to a
12mental health facility, arrange for law enforcement
13authorities to take temporary custody of the minor as a
14delinquent minor, or take other appropriate action to assume
15protective custody in order to safeguard the minor or others
16living in the home from immediate physical danger.
17    (c) Any agency or association or employee thereof acting
18reasonably and in good faith in the care of a minor being
19provided interim crisis intervention services and shelter care
20shall be immune from any civil or criminal liability resulting
21from such care.
22(Source: P.A. 95-443, eff. 1-1-08.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.