Full Text of SB1870 100th General Assembly
SB1870ham001 100TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 11/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 1870
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1870 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mental Health and Developmental | 5 | | Disabilities Administrative Act is amended by changing Section | 6 | | 7.1 as follows:
| 7 | | (20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
| 8 | | Sec. 7.1. Individual Care Grants. | 9 | | (a) For the purposes of this Section 7.1, "Department" | 10 | | means the Department of Healthcare and Family Services. | 11 | | (b) To assist families in seeking intensive | 12 | | community-based services or residential placement for children | 13 | | with mental illness, for whom
no appropriate care is available | 14 | | in State-operated facilities, the Department shall supplement | 15 | | the amount a family is able to pay,
as determined by the | 16 | | Department and the amount available from other sources,
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| 1 | | provided the Department's share shall not exceed a uniform | 2 | | maximum rate to be
determined from time to time by the | 3 | | Department. The Department may exercise the authority under | 4 | | this Section as is necessary to implement the provisions of | 5 | | Section 5-5.23 of the Illinois Public Aid Code and to | 6 | | administer Individual Care Grants. The Department shall work | 7 | | collaboratively with stakeholders and family representatives | 8 | | in the implementation of this Section. | 9 | | (c) A child shall continue to be eligible for an Individual | 10 | | Care Grant if the child is placed in the temporary custody of | 11 | | the Department of Children and Family Services under Article II | 12 | | of the Juvenile Care Act of 1987 because the child was left at | 13 | | a psychiatric hospital beyond medical necessity and an | 14 | | application for the Family Support Program was pending with the | 15 | | Department or an active application was being reviewed by the | 16 | | Department when the petition under the Juvenile Court Act of | 17 | | 1987 was filed. | 18 | | (d) If the Department determines that the child meets all | 19 | | the eligibility criteria for Family Support Services and | 20 | | approves the application, the Department shall notify the | 21 | | parents and the Department of Children and Family Services. The | 22 | | court hearing the child's case under the Juvenile Court Act of | 23 | | 1987 shall conduct a hearing within 14 days after all parties | 24 | | have been notified and determine whether to vacate the custody | 25 | | or guardianship of the Department of Children and Family | 26 | | Services and return the child to the custody of his or her |
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| 1 | | parents with Family Support Services in place or whether the | 2 | | child shall continue in the custody of the Department of | 3 | | Children and Family Services and decline the Family Support | 4 | | Program. The court shall conduct the hearing under Section 2-4b | 5 | | of the Juvenile Court Act of 1987.
If the court vacates the | 6 | | custody or guardianship of the Department of Children and | 7 | | Family Services and returns the child to the custody of the | 8 | | respondent with Family Support Services, the Department shall | 9 | | become fiscally responsible for providing services to the | 10 | | child. If the court determines that the child shall continue in | 11 | | the custody of the Department of Children and Family Services, | 12 | | the Department of Children and Family Services shall remain | 13 | | fiscally responsible for providing services to the child, the | 14 | | Family Support Services shall be declined, and the child shall | 15 | | no longer be eligible for Family Support Services. Nothing in | 16 | | this Section is intended to diminish the ability of the | 17 | | Department from seeking financial participation or | 18 | | reimbursement as permitted under State or federal law. | 19 | | (e) The Department shall provide an expedited review | 20 | | process for applications for minors in the custody or | 21 | | guardianship of the Department of Children and Family Services | 22 | | who continue to remain eligible for Individual Care Grants. The | 23 | | Department shall work collaboratively with stakeholders, | 24 | | including legal representatives of minors in care, providers of | 25 | | residential treatment services, and with the Department of | 26 | | Children and Family Services, to ensure that minors who are |
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| 1 | | recipients of Individual Care Grants under this Section and | 2 | | Section 2-4b of the Juvenile Court Act of 1987 do not | 3 | | experience a disruption in services if the minor transitions | 4 | | from one program to another. The Department shall adopt rules | 5 | | to implement this Section no later than July 1, 2019.
| 6 | | (Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)
| 7 | | Section 10. The Juvenile Court Act of 1987 is amended by | 8 | | changing Section 2-23 as follows:
| 9 | | (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
| 10 | | Sec. 2-23. Kinds of dispositional orders.
| 11 | | (1) The following kinds of orders of disposition may be | 12 | | made in respect of
wards of the court:
| 13 | | (a) A minor under 18 years of age found to be neglected | 14 | | or abused under
Section 2-3 or dependent under Section 2-4 | 15 | | may be (1) continued in the
custody of his or her parents,
| 16 | | guardian or legal custodian; (2) placed in accordance with | 17 | | Section 2-27;
(3) restored to the custody of the parent, | 18 | | parents, guardian, or legal
custodian, provided the court | 19 | | shall order the parent, parents, guardian, or
legal | 20 | | custodian to cooperate with the Department of Children and | 21 | | Family
Services and comply with the terms of an after-care | 22 | | plan or risk the loss of
custody of the child and the | 23 | | possible termination of their parental rights;
or
(4) | 24 | | ordered partially or completely emancipated in accordance |
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| 1 | | with
the provisions of the Emancipation of Minors Act.
| 2 | | However, in any case in which a minor is found by the | 3 | | court to be
neglected or abused under Section 2-3 of this | 4 | | Act, custody of the minor
shall not be restored to any | 5 | | parent, guardian or legal custodian whose acts
or omissions | 6 | | or both have been identified, pursuant to subsection (1) of
| 7 | | Section 2-21, as forming the basis for the court's finding | 8 | | of abuse or
neglect, until such time
as a
hearing is held | 9 | | on the issue of the best interests of the minor and the | 10 | | fitness
of such parent, guardian or legal custodian to care | 11 | | for the minor without
endangering the minor's health or | 12 | | safety, and the court
enters an order that such parent, | 13 | | guardian or legal custodian is fit to care
for the minor.
| 14 | | (b) A minor under 18 years of age found to be dependent | 15 | | under
Section 2-4 may be (1) placed in accordance with | 16 | | Section 2-27 or (2)
ordered partially or completely | 17 | | emancipated in accordance with the
provisions of the | 18 | | Emancipation of Minors Act.
| 19 | | However, in any case in which a minor is found by the | 20 | | court to be
dependent under Section 2-4 of this Act, | 21 | | custody of the minor shall not be
restored to
any parent, | 22 | | guardian or legal custodian whose acts or omissions or both | 23 | | have
been identified, pursuant to subsection (1) of Section | 24 | | 2-21, as forming the
basis for the court's finding of | 25 | | dependency, until such
time as a hearing is
held on the | 26 | | issue of the fitness of such parent, guardian or legal
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| 1 | | custodian to care for the minor without endangering the | 2 | | minor's health or
safety, and the court enters an order | 3 | | that such
parent, guardian or legal custodian is fit to | 4 | | care for the minor.
| 5 | | (b-1) A minor between the ages of 18 and 21 may be | 6 | | placed pursuant to Section 2-27 of this Act if (1) the | 7 | | court has granted a supplemental petition to reinstate | 8 | | wardship of the minor pursuant to subsection (2) of Section | 9 | | 2-33, (2) the court has adjudicated the minor a ward of the | 10 | | court, permitted the minor to return home under an order of | 11 | | protection, and subsequently made a finding that it is in | 12 | | the minor's best interest to vacate the order of protection | 13 | | and commit the minor to the Department of Children and | 14 | | Family Services for care and service, or (3) the court has | 15 | | adjudicated the minor a ward of the court, returned the | 16 | | minor to the custody of the respondent under Section 2-4b | 17 | | of this Act without terminating the proceedings under | 18 | | Section 2-31 of this Act, and subsequently made a finding | 19 | | that it is in the minor's best interest to commit the minor | 20 | | to the Department of Children and Family Services for care | 21 | | and services. | 22 | | (c) When the court awards guardianship to the | 23 | | Department of Children and
Family Services, the court shall | 24 | | order the parents to cooperate with the
Department of | 25 | | Children and Family Services, comply with the terms of the
| 26 | | service plans, and correct the conditions that require the |
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| 1 | | child to be in care,
or risk termination of their parental | 2 | | rights.
| 3 | | (2) Any order of disposition may provide for protective | 4 | | supervision
under Section 2-24 and may include an order of | 5 | | protection under Section 2-25.
| 6 | | Unless the order of disposition expressly so provides, it | 7 | | does
not operate to close proceedings on the pending petition, | 8 | | but is subject
to modification, not inconsistent with Section | 9 | | 2-28, until final closing and discharge of the proceedings | 10 | | under
Section 2-31.
| 11 | | (3) The court also shall enter any other orders necessary | 12 | | to fulfill the
service plan, including, but not limited to, (i) | 13 | | orders requiring parties to
cooperate with services, (ii) | 14 | | restraining orders controlling the conduct of any
party likely | 15 | | to frustrate the achievement of the goal, and (iii) visiting
| 16 | | orders. When the child is placed separately from a sibling, the
| 17 | | court shall review the Sibling Contact Support Plan developed | 18 | | under subsection (f) of Section 7.4 of the Children and Family | 19 | | Services Act, if applicable. If the Department has not convened | 20 | | a meeting to develop a Sibling
Contact Support Plan, or if the | 21 | | court finds that the existing Plan is not in the child's best
| 22 | | interest, the court may enter an order requiring the Department | 23 | | to develop and implement
a Sibling Contact Support Plan under | 24 | | subsection (f) of Section 7.4 of the Children and Family | 25 | | Services Act or order mediation. Unless otherwise specifically | 26 | | authorized by law, the court is not
empowered under this |
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| 1 | | subsection (3) to order specific placements, specific
| 2 | | services, or specific service
providers to be included in the | 3 | | plan. If, after receiving evidence, the court determines that | 4 | | the services contained in the plan are not reasonably | 5 | | calculated to facilitate achievement of the permanency goal, | 6 | | the court shall put in writing the factual basis supporting the | 7 | | determination and enter specific findings based on the | 8 | | evidence. The court also shall enter an order for the | 9 | | Department to develop and implement a new service plan or to | 10 | | implement changes to the current service plan consistent with | 11 | | the court's findings. The new service plan shall be filed with | 12 | | the court and served on all parties within 45 days after the | 13 | | date of the order. The court shall continue the matter until | 14 | | the new service plan is filed. Except as authorized by | 15 | | subsection (3.5) of this Section or authorized by law, the | 16 | | court is not empowered under this Section to order specific | 17 | | placements, specific services, or specific service providers | 18 | | to be included in the service plan.
| 19 | | (3.5) If, after reviewing the evidence, including evidence | 20 | | from the Department, the court determines that the minor's | 21 | | current or planned placement is not necessary or appropriate to | 22 | | facilitate achievement of the permanency goal, the court shall | 23 | | put in writing the factual basis supporting its determination | 24 | | and enter specific findings based on the evidence. If the court | 25 | | finds that the minor's current or planned placement is not | 26 | | necessary or appropriate, the court may enter an order |
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| 1 | | directing the Department to implement a recommendation by the | 2 | | minor's treating clinician or a clinician contracted by the | 3 | | Department to evaluate the minor or a recommendation made by | 4 | | the Department. If the Department places a minor in a placement | 5 | | under an order entered under this subsection (3.5), the | 6 | | Department has the authority to remove the minor from that | 7 | | placement when a change in circumstances necessitates the | 8 | | removal to protect the minor's health, safety, and best | 9 | | interest. If the Department determines removal is necessary, | 10 | | the Department shall notify the parties of the planned | 11 | | placement change in writing no later than 10 days prior to the | 12 | | implementation of its determination unless remaining in the | 13 | | placement poses an imminent risk of harm to the minor, in which | 14 | | case the Department shall notify the parties of the placement | 15 | | change in writing immediately following the implementation of | 16 | | its decision. The Department shall notify others of the | 17 | | decision to change the minor's placement as required by | 18 | | Department rule. | 19 | | (4) In addition to any other order of disposition, the | 20 | | court may order
any minor adjudicated neglected with respect to | 21 | | his or her own injurious
behavior to make restitution, in | 22 | | monetary or non-monetary form, under the
terms and conditions | 23 | | of Section 5-5-6 of the Unified Code of Corrections,
except | 24 | | that the "presentence hearing" referred to therein shall be the
| 25 | | dispositional hearing for purposes of this Section. The parent, | 26 | | guardian
or legal custodian of the minor may pay some or all of |
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| 1 | | such restitution on
the minor's behalf.
| 2 | | (5) Any order for disposition where the minor is committed | 3 | | or placed in
accordance with Section 2-27 shall provide for the | 4 | | parents or guardian of
the estate of such minor to pay to the | 5 | | legal custodian or guardian of the
person of the minor such | 6 | | sums as are determined by the custodian or guardian
of the | 7 | | person of the minor as necessary for the minor's needs. Such | 8 | | payments
may not exceed the maximum amounts provided for by | 9 | | Section 9.1 of the
Children and Family Services Act.
| 10 | | (6) Whenever the order of disposition requires the minor to | 11 | | attend
school or participate in a program of training, the | 12 | | truant officer or
designated school official shall regularly | 13 | | report to the court if the minor
is a chronic or habitual | 14 | | truant under Section 26-2a of the School Code.
| 15 | | (7) The court may terminate the parental rights of a parent | 16 | | at the initial
dispositional hearing if all of the conditions | 17 | | in subsection (5) of Section
2-21 are met.
| 18 | | (Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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