Illinois General Assembly - Full Text of HB3930
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Full Text of HB3930  93rd General Assembly

HB3930 93rd General Assembly


093_HB3930

 
                                     LRB093 13640 RAS 19016 b

 1        AN ACT concerning children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Children  and  Family  Services  Act is
 5    amended by changing Section 9.1 as follows:

 6        (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
 7        Sec. 9.1.  The parents or guardians  of  the  estates  of
 8    children  accepted  for  care and training under the Juvenile
 9    Court Act or the Juvenile Court Act of  1987,  or  through  a
10    voluntary  placement  agreement with the parents or guardians
11    shall be liable for the payment to the Department,  or  to  a
12    licensed  or  approved  child care facility designated by the
13    Department of sums representing  charges  for  the  care  and
14    training  of those children at a rate to be determined by the
15    Department.  The Department shall  establish  a  standard  by
16    which  shall  be measured the ability of parents or guardians
17    to pay for the care and training of their children, and shall
18    implement the standard by rules  governing  its  application.
19    The standard and the rules shall take into account ability to
20    pay as measured by annual income and family size.  Medical or
21    other  treatment provided on behalf of the family may also be
22    taken into account in  determining  ability  to  pay  if  the
23    Department concludes that such treatment is appropriate.
24        In  addition,  the  Department  may  provide  by rule for
25    referral of Title IV-E foster care maintenance cases  to  the
26    Department  of  Public  Aid  for  child  support  enforcement
27    services  under  Title  IV-D of the Social Security Act.  The
28    Department  shall  consider  "good  cause"  as   defined   in
29    regulations  promulgated  under  Title  IV-A  of  the  Social
30    Security  Act, among other criteria, when determining whether
31    to refer a case and, upon referral, the parent or guardian of
 
                            -2-      LRB093 13640 RAS 19016 b
 1    the estate of a child who is receiving Title IV-E foster care
 2    maintenance  payments  shall  be  deemed  to  have  made   an
 3    assignment to the Department of any and all rights, title and
 4    interest in any support obligation on behalf of a child.  The
 5    rights to support assigned to the Department shall constitute
 6    an obligation owed the State by the person who is responsible
 7    for providing the support, and shall be collectible under all
 8    applicable processes.
 9        The acceptance of children for services or care shall not
10    be  limited  or  conditioned  in  any manner on the financial
11    status or ability  of  parents  or  guardians  to  make  such
12    payments.
13        The  parent or guardian of the estate of a child accepted
14    for care and training, without  the  parent's  or  guardian's
15    consent,  under  the Juvenile Court Act or the Juvenile Court
16    Act of 1987 shall not  be  liable  for  the  payment  to  the
17    Department  or  to any child care facility of any charges for
18    the care and training of that child.
19    (Source: P.A. 92-590, eff. 7-1-02.)