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



SB0724 EngrossedLRB103 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) Require each agency to identify children who meet
22    any of these criteria:
23            (A) have been clinically approved for residential
24        services through any of their existing programs but
25        have not been admitted to an appropriate program



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1        within 120 days of their approval for residential
2        treatment;
3            (B) have been in a hospital emergency department
4        seeking treatment for psychiatric or behavioral health
5        emergency for more than 72 hours;
6            (C) are in a psychiatric or general acute care
7        hospital for in-patient psychiatric treatment beyond
8        medical necessity for over 30 days;
9            (D) who are at risk of being taken into the custody
10        of the Department of Children and Family Services, and
11        are not otherwise abused or neglected as determined by
12        the Department of Children and Family Services, based
13        on their need for behavioral health services; or
14            (E) other circumstances that require enhanced
15        interagency collaboration to find appropriate services
16        for the child.
17        (3) Require each agency to present each identified
18    child's clinical case, to the extent permitted by State
19    and federal law, to the Interagency Children's Behavioral
20    Health Services Team during regular team meetings to
21    outline the child's needs and to determine if any of the
22    participating agencies have residential or other
23    supportive services that may be available for the child to
24    ensure that the child receives appropriate treatment,
25    including residential treatment if necessary, as soon as
26    possible.



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



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1amended by changing Sections 5 and 17 as follows:
2    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
3    Sec. 5. Direct child welfare services; Department of
4Children and Family Services. To provide direct child welfare
5services when not available through other public or private
6child care or program facilities.
7    (a) For purposes of this Section:
8        (1) "Children" means persons found within the State
9    who are under the age of 18 years. The term also includes
10    persons under age 21 who:
11            (A) were committed to the Department pursuant to
12        the Juvenile Court Act or the Juvenile Court Act of
13        1987 and who continue under the jurisdiction of the
14        court; or
15            (B) were accepted for care, service and training
16        by the Department prior to the age of 18 and whose best
17        interest in the discretion of the Department would be
18        served by continuing that care, service and training
19        because of severe emotional disturbances, physical
20        disability, social adjustment or any combination
21        thereof, or because of the need to complete an
22        educational or vocational training program.
23        (2) "Homeless youth" means persons found within the
24    State who are under the age of 19, are not in a safe and
25    stable living situation and cannot be reunited with their



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1    families.
2        (3) "Child welfare services" means public social
3    services which are directed toward the accomplishment of
4    the following purposes:
5            (A) protecting and promoting the health, safety
6        and welfare of children, including homeless,
7        dependent, or neglected children;
8            (B) remedying, or assisting in the solution of
9        problems which may result in, the neglect, abuse,
10        exploitation, or delinquency of children;
11            (C) preventing the unnecessary separation of
12        children from their families by identifying family
13        problems, assisting families in resolving their
14        problems, and preventing the breakup of the family
15        where the prevention of child removal is desirable and
16        possible when the child can be cared for at home
17        without endangering the child's health and safety;
18            (D) restoring to their families children who have
19        been removed, by the provision of services to the
20        child and the families when the child can be cared for
21        at home without endangering the child's health and
22        safety;
23            (E) placing children in suitable adoptive homes,
24        in cases where restoration to the biological family is
25        not safe, possible, or appropriate;
26            (F) assuring safe and adequate care of children



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1        away from their homes, in cases where the child cannot
2        be returned home or cannot be placed for adoption. At
3        the time of placement, the Department shall consider
4        concurrent planning, as described in subsection (l-1)
5        of this Section so that permanency may occur at the
6        earliest opportunity. Consideration should be given so
7        that if reunification fails or is delayed, the
8        placement made is the best available placement to
9        provide permanency for the child;
10            (G) (blank);
11            (H) (blank); and
12            (I) placing and maintaining children in facilities
13        that provide separate living quarters for children
14        under the age of 18 and for children 18 years of age
15        and older, unless a child 18 years of age is in the
16        last year of high school education or vocational
17        training, in an approved individual or group treatment
18        program, in a licensed shelter facility, or secure
19        child care facility. The Department is not required to
20        place or maintain children:
21                (i) who are in a foster home, or
22                (ii) who are persons with a developmental
23            disability, as defined in the Mental Health and
24            Developmental Disabilities Code, or
25                (iii) who are female children who are
26            pregnant, pregnant and parenting, or parenting, or



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1                (iv) who are siblings, in facilities that
2            provide separate living quarters for children 18
3            years of age and older and for children under 18
4            years of age.
5    (b) (Blank).
6    (b-5) The Department shall adopt rules to establish a
7process for all licensed residential providers in Illinois to
8submit data as required by the Department, if they contract or
9receive reimbursement for children's mental health, substance
10use, and developmental disability services from the Department
11of Human Services, the Department of Juvenile Justice, or the
12Department of Healthcare and Family Services. The requested
13data must include, but is not limited to, capacity, staffing,
14and occupancy data for the purpose of establishing State need
15and placement availability.
16    (c) The Department shall establish and maintain
17tax-supported child welfare services and extend and seek to
18improve voluntary services throughout the State, to the end
19that services and care shall be available on an equal basis
20throughout the State to children requiring such services.
21    (d) The Director may authorize advance disbursements for
22any new program initiative to any agency contracting with the
23Department. As a prerequisite for an advance disbursement, the
24contractor must post a surety bond in the amount of the advance
25disbursement and have a purchase of service contract approved
26by the Department. The Department may pay up to 2 months



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1operational expenses in advance. The amount of the advance
2disbursement shall be prorated over the life of the contract
3or the remaining months of the fiscal year, whichever is less,
4and the installment amount shall then be deducted from future
5bills. Advance disbursement authorizations for new initiatives
6shall not be made to any agency after that agency has operated
7during 2 consecutive fiscal years. The requirements of this
8Section concerning advance disbursements shall not apply with
9respect to the following: payments to local public agencies
10for child day care services as authorized by Section 5a of this
11Act; and youth service programs receiving grant funds under
12Section 17a-4.
13    (e) (Blank).
14    (f) (Blank).
15    (g) The Department shall establish rules and regulations
16concerning its operation of programs designed to meet the
17goals of child safety and protection, family preservation,
18family reunification, and adoption, including, but not limited
20        (1) adoption;
21        (2) foster care;
22        (3) family counseling;
23        (4) protective services;
24        (5) (blank);
25        (6) homemaker service;
26        (7) return of runaway children;



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1        (8) (blank);
2        (9) placement under Section 5-7 of the Juvenile Court
3    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
4    Court Act of 1987 in accordance with the federal Adoption
5    Assistance and Child Welfare Act of 1980; and
6        (10) interstate services.
7    Rules and regulations established by the Department shall
8include provisions for training Department staff and the staff
9of Department grantees, through contracts with other agencies
10or resources, in screening techniques to identify substance
11use disorders, as defined in the Substance Use Disorder Act,
12approved by the Department of Human Services, as a successor
13to the Department of Alcoholism and Substance Abuse, for the
14purpose of identifying children and adults who should be
15referred for an assessment at an organization appropriately
16licensed by the Department of Human Services for substance use
17disorder treatment.
18    (h) If the Department finds that there is no appropriate
19program or facility within or available to the Department for
20a youth in care and that no licensed private facility has an
21adequate and appropriate program or none agrees to accept the
22youth in care, the Department shall create an appropriate
23individualized, program-oriented plan for such youth in care.
24The plan may be developed within the Department or through
25purchase of services by the Department to the extent that it is
26within its statutory authority to do.



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1    (i) Service programs shall be available throughout the
2State and shall include but not be limited to the following
4        (1) case management;
5        (2) homemakers;
6        (3) counseling;
7        (4) parent education;
8        (5) day care; and
9        (6) emergency assistance and advocacy.
10    In addition, the following services may be made available
11to assess and meet the needs of children and families:
12        (1) comprehensive family-based services;
13        (2) assessments;
14        (3) respite care; and
15        (4) in-home health services.
16    The Department shall provide transportation for any of the
17services it makes available to children or families or for
18which it refers children or families.
19    (j) The Department may provide categories of financial
20assistance and education assistance grants, and shall
21establish rules and regulations concerning the assistance and
22grants, to persons who adopt children with physical or mental
23disabilities, children who are older, or other hard-to-place
24children who (i) immediately prior to their adoption were
25youth in care or (ii) were determined eligible for financial
26assistance with respect to a prior adoption and who become



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1available for adoption because the prior adoption has been
2dissolved and the parental rights of the adoptive parents have
3been terminated or because the child's adoptive parents have
4died. The Department may continue to provide financial
5assistance and education assistance grants for a child who was
6determined eligible for financial assistance under this
7subsection (j) in the interim period beginning when the
8child's adoptive parents died and ending with the finalization
9of the new adoption of the child by another adoptive parent or
10parents. The Department may also provide categories of
11financial assistance and education assistance grants, and
12shall establish rules and regulations for the assistance and
13grants, to persons appointed guardian of the person under
14Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
154-25, or 5-740 of the Juvenile Court Act of 1987 for children
16who were youth in care for 12 months immediately prior to the
17appointment of the guardian.
18    The amount of assistance may vary, depending upon the
19needs of the child and the adoptive parents, as set forth in
20the annual assistance agreement. Special purpose grants are
21allowed where the child requires special service but such
22costs may not exceed the amounts which similar services would
23cost the Department if it were to provide or secure them as
24guardian of the child.
25    Any financial assistance provided under this subsection is
26inalienable by assignment, sale, execution, attachment,



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1garnishment, or any other remedy for recovery or collection of
2a judgment or debt.
3    (j-5) The Department shall not deny or delay the placement
4of a child for adoption if an approved family is available
5either outside of the Department region handling the case, or
6outside of the State of Illinois.
7    (k) The Department shall accept for care and training any
8child who has been adjudicated neglected or abused, or
9dependent committed to it pursuant to the Juvenile Court Act
10or the Juvenile Court Act of 1987.
11    (l) The Department shall offer family preservation
12services, as defined in Section 8.2 of the Abused and
13Neglected Child Reporting Act, to help families, including
14adoptive and extended families. Family preservation services
15shall be offered (i) to prevent the placement of children in
16substitute care when the children can be cared for at home or
17in the custody of the person responsible for the children's
18welfare, (ii) to reunite children with their families, or
19(iii) to maintain an adoptive placement. Family preservation
20services shall only be offered when doing so will not endanger
21the children's health or safety. With respect to children who
22are in substitute care pursuant to the Juvenile Court Act of
231987, family preservation services shall not be offered if a
24goal other than those of subdivisions (A), (B), or (B-1) of
25subsection (2) of Section 2-28 of that Act has been set, except
26that reunification services may be offered as provided in



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1paragraph (F) of subsection (2) of Section 2-28 of that Act.
2Nothing in this paragraph shall be construed to create a
3private right of action or claim on the part of any individual
4or child welfare agency, except that when a child is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the child's service plan calls for services to
7facilitate achievement of the permanency goal, the court
8hearing the action under Article II of the Juvenile Court Act
9of 1987 may order the Department to provide the services set
10out in the plan, if those services are not provided with
11reasonable promptness and if those services are available.
12    The Department shall notify the child and his family of
13the Department's responsibility to offer and provide family
14preservation services as identified in the service plan. The
15child and his family shall be eligible for services as soon as
16the report is determined to be "indicated". The Department may
17offer services to any child or family with respect to whom a
18report of suspected child abuse or neglect has been filed,
19prior to concluding its investigation under Section 7.12 of
20the Abused and Neglected Child Reporting Act. However, the
21child's or family's willingness to accept services shall not
22be considered in the investigation. The Department may also
23provide services to any child or family who is the subject of
24any report of suspected child abuse or neglect or may refer
25such child or family to services available from other agencies
26in the community, even if the report is determined to be



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1unfounded, if the conditions in the child's or family's home
2are reasonably likely to subject the child or family to future
3reports of suspected child abuse or neglect. Acceptance of
4such services shall be voluntary. The Department may also
5provide services to any child or family after completion of a
6family assessment, as an alternative to an investigation, as
7provided under the "differential response program" provided
8for in subsection (a-5) of Section 7.4 of the Abused and
9Neglected Child Reporting Act.
10    The Department may, at its discretion except for those
11children also adjudicated neglected or dependent, accept for
12care and training any child who has been adjudicated addicted,
13as a truant minor in need of supervision or as a minor
14requiring authoritative intervention, under the Juvenile Court
15Act or the Juvenile Court Act of 1987, but no such child shall
16be committed to the Department by any court without the
17approval of the Department. On and after January 1, 2015 (the
18effective date of Public Act 98-803) and before January 1,
192017, a minor charged with a criminal offense under the
20Criminal Code of 1961 or the Criminal Code of 2012 or
21adjudicated delinquent shall not be placed in the custody of
22or committed to the Department by any court, except (i) a minor
23less than 16 years of age committed to the Department under
24Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25for whom an independent basis of abuse, neglect, or dependency
26exists, which must be defined by departmental rule, or (iii) a



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1minor for whom the court has granted a supplemental petition
2to reinstate wardship pursuant to subsection (2) of Section
32-33 of the Juvenile Court Act of 1987. On and after January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of
7or committed to the Department by any court, except (i) a minor
8less than 15 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition
13to reinstate wardship pursuant to subsection (2) of Section
142-33 of the Juvenile Court Act of 1987. An independent basis
15exists when the allegations or adjudication of abuse, neglect,
16or dependency do not arise from the same facts, incident, or
17circumstances which give rise to a charge or adjudication of
18delinquency. The Department shall assign a caseworker to
19attend any hearing involving a youth in the care and custody of
20the Department who is placed on aftercare release, including
21hearings involving sanctions for violation of aftercare
22release conditions and aftercare release revocation hearings.
23    As soon as is possible after August 7, 2009 (the effective
24date of Public Act 96-134), the Department shall develop and
25implement a special program of family preservation services to
26support intact, foster, and adoptive families who are



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



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



SB0724 Engrossed- 19 -LRB103 29722 SPS 56127 b

1reunification services after such a finding.
2    A decision to place a child in substitute care shall be
3made with considerations of the child's health, safety, and
4best interests. At the time of placement, consideration should
5also be given so that if reunification fails or is delayed, the
6placement made is the best available placement to provide
7permanency for the child.
8    The Department shall adopt rules addressing concurrent
9planning for reunification and permanency. The Department
10shall consider the following factors when determining
11appropriateness of concurrent planning:
12        (1) the likelihood of prompt reunification;
13        (2) the past history of the family;
14        (3) the barriers to reunification being addressed by
15    the family;
16        (4) the level of cooperation of the family;
17        (5) the foster parents' willingness to work with the
18    family to reunite;
19        (6) the willingness and ability of the foster family
20    to provide an adoptive home or long-term placement;
21        (7) the age of the child;
22        (8) placement of siblings.
23    (m) The Department may assume temporary custody of any
24child if:
25        (1) it has received a written consent to such
26    temporary custody signed by the parents of the child or by



SB0724 Engrossed- 20 -LRB103 29722 SPS 56127 b

1    the parent having custody of the child if the parents are
2    not living together or by the guardian or custodian of the
3    child if the child is not in the custody of either parent,
4    or
5        (2) the child is found in the State and neither a
6    parent, guardian nor custodian of the child can be
7    located.
8If the child is found in his or her residence without a parent,
9guardian, custodian, or responsible caretaker, the Department
10may, instead of removing the child and assuming temporary
11custody, place an authorized representative of the Department
12in that residence until such time as a parent, guardian, or
13custodian enters the home and expresses a willingness and
14apparent ability to ensure the child's health and safety and
15resume permanent charge of the child, or until a relative
16enters the home and is willing and able to ensure the child's
17health and safety and assume charge of the child until a
18parent, guardian, or custodian enters the home and expresses
19such willingness and ability to ensure the child's safety and
20resume permanent charge. After a caretaker has remained in the
21home for a period not to exceed 12 hours, the Department must
22follow those procedures outlined in Section 2-9, 3-11, 4-8, or
235-415 of the Juvenile Court Act of 1987.
24    The Department shall have the authority, responsibilities
25and duties that a legal custodian of the child would have
26pursuant to subsection (9) of Section 1-3 of the Juvenile



SB0724 Engrossed- 21 -LRB103 29722 SPS 56127 b

1Court Act of 1987. Whenever a child is taken into temporary
2custody pursuant to an investigation under the Abused and
3Neglected Child Reporting Act, or pursuant to a referral and
4acceptance under the Juvenile Court Act of 1987 of a minor in
5limited custody, the Department, during the period of
6temporary custody and before the child is brought before a
7judicial officer as required by Section 2-9, 3-11, 4-8, or
85-415 of the Juvenile Court Act of 1987, shall have the
9authority, responsibilities and duties that a legal custodian
10of the child would have under subsection (9) of Section 1-3 of
11the Juvenile Court Act of 1987.
12    The Department shall ensure that any child taken into
13custody is scheduled for an appointment for a medical
15    A parent, guardian, or custodian of a child in the
16temporary custody of the Department who would have custody of
17the child if he were not in the temporary custody of the
18Department may deliver to the Department a signed request that
19the Department surrender the temporary custody of the child.
20The Department may retain temporary custody of the child for
2110 days after the receipt of the request, during which period
22the Department may cause to be filed a petition pursuant to the
23Juvenile Court Act of 1987. If a petition is so filed, the
24Department shall retain temporary custody of the child until
25the court orders otherwise. If a petition is not filed within
26the 10-day period, the child shall be surrendered to the



SB0724 Engrossed- 22 -LRB103 29722 SPS 56127 b

1custody of the requesting parent, guardian, or custodian not
2later than the expiration of the 10-day period, at which time
3the authority and duties of the Department with respect to the
4temporary custody of the child shall terminate.
5    (m-1) The Department may place children under 18 years of
6age in a secure child care facility licensed by the Department
7that cares for children who are in need of secure living
8arrangements for their health, safety, and well-being after a
9determination is made by the facility director and the
10Director or the Director's designate prior to admission to the
11facility subject to Section 2-27.1 of the Juvenile Court Act
12of 1987. This subsection (m-1) does not apply to a child who is
13subject to placement in a correctional facility operated
14pursuant to Section 3-15-2 of the Unified Code of Corrections,
15unless the child is a youth in care who was placed in the care
16of the Department before being subject to placement in a
17correctional facility and a court of competent jurisdiction
18has ordered placement of the child in a secure care facility.
19    (n) The Department may place children under 18 years of
20age in licensed child care facilities when in the opinion of
21the Department, appropriate services aimed at family
22preservation have been unsuccessful and cannot ensure the
23child's health and safety or are unavailable and such
24placement would be for their best interest. Payment for board,
25clothing, care, training and supervision of any child placed
26in a licensed child care facility may be made by the



SB0724 Engrossed- 23 -LRB103 29722 SPS 56127 b

1Department, by the parents or guardians of the estates of
2those children, or by both the Department and the parents or
3guardians, except that no payments shall be made by the
4Department for any child placed in a licensed child care
5facility for board, clothing, care, training and supervision
6of such a child that exceed the average per capita cost of
7maintaining and of caring for a child in institutions for
8dependent or neglected children operated by the Department.
9However, such restriction on payments does not apply in cases
10where children require specialized care and treatment for
11problems of severe emotional disturbance, physical disability,
12social adjustment, or any combination thereof and suitable
13facilities for the placement of such children are not
14available at payment rates within the limitations set forth in
15this Section. All reimbursements for services delivered shall
16be absolutely inalienable by assignment, sale, attachment, or
17garnishment or otherwise.
18    (n-1) The Department shall provide or authorize child
19welfare services, aimed at assisting minors to achieve
20sustainable self-sufficiency as independent adults, for any
21minor eligible for the reinstatement of wardship pursuant to
22subsection (2) of Section 2-33 of the Juvenile Court Act of
231987, whether or not such reinstatement is sought or allowed,
24provided that the minor consents to such services and has not
25yet attained the age of 21. The Department shall have
26responsibility for the development and delivery of services



SB0724 Engrossed- 24 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 25 -LRB103 29722 SPS 56127 b

1agencies, and foster families with whom those youth are
2placed, shall be afforded the same procedural and appeal
3rights as children and families in the case of placement by the
4Department, including the right to an initial review of a
5private agency decision by that agency. The Department shall
6ensure that any private child welfare agency, which accepts
7youth in care for placement, affords those rights to children
8and foster families. The Department shall accept for
9administrative review and an appeal hearing a complaint made
10by (i) a child or foster family concerning a decision
11following an initial review by a private child welfare agency
12or (ii) a prospective adoptive parent who alleges a violation
13of subsection (j-5) of this Section. An appeal of a decision
14concerning a change in the placement of a child shall be
15conducted in an expedited manner. A court determination that a
16current foster home placement is necessary and appropriate
17under Section 2-28 of the Juvenile Court Act of 1987 does not
18constitute a judicial determination on the merits of an
19administrative appeal, filed by a former foster parent,
20involving a change of placement decision.
21    (p) (Blank).
22    (q) The Department may receive and use, in their entirety,
23for the benefit of children any gift, donation, or bequest of
24money or other property which is received on behalf of such
25children, or any financial benefits to which such children are
26or may become entitled while under the jurisdiction or care of



SB0724 Engrossed- 26 -LRB103 29722 SPS 56127 b

1the Department, except that the benefits described in Section
25.46 must be used and conserved consistent with the provisions
3under Section 5.46.
4    The Department shall set up and administer no-cost,
5interest-bearing accounts in appropriate financial
6institutions for children for whom the Department is legally
7responsible and who have been determined eligible for
8Veterans' Benefits, Social Security benefits, assistance
9allotments from the armed forces, court ordered payments,
10parental voluntary payments, Supplemental Security Income,
11Railroad Retirement payments, Black Lung benefits, or other
12miscellaneous payments. Interest earned by each account shall
13be credited to the account, unless disbursed in accordance
14with this subsection.
15    In disbursing funds from children's accounts, the
16Department shall:
17        (1) Establish standards in accordance with State and
18    federal laws for disbursing money from children's
19    accounts. In all circumstances, the Department's
20    "Guardianship Administrator" or his or her designee must
21    approve disbursements from children's accounts. The
22    Department shall be responsible for keeping complete
23    records of all disbursements for each account for any
24    purpose.
25        (2) Calculate on a monthly basis the amounts paid from
26    State funds for the child's board and care, medical care



SB0724 Engrossed- 27 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 28 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 29 -LRB103 29722 SPS 56127 b

1court of the specific arrangements for supervised visitation
2and projected monthly costs within 60 days of the court order.
3The Department shall send to the court information related to
4the costs incurred except in cases where the court has
5determined the parties are financially unable to pay. The
6court may order additional periodic reports as appropriate.
7    (u) In addition to other information that must be
8provided, whenever the Department places a child with a
9prospective adoptive parent or parents, in a licensed foster
10home, group home, or child care institution, or in a relative
11home, the Department shall provide to the prospective adoptive
12parent or parents or other caretaker:
13        (1) available detailed information concerning the
14    child's educational and health history, copies of
15    immunization records (including insurance and medical card
16    information), a history of the child's previous
17    placements, if any, and reasons for placement changes
18    excluding any information that identifies or reveals the
19    location of any previous caretaker;
20        (2) a copy of the child's portion of the client
21    service plan, including any visitation arrangement, and
22    all amendments or revisions to it as related to the child;
23    and
24        (3) information containing details of the child's
25    individualized educational plan when the child is
26    receiving special education services.



SB0724 Engrossed- 30 -LRB103 29722 SPS 56127 b

1    The caretaker shall be informed of any known social or
2behavioral information (including, but not limited to,
3criminal background, fire setting, perpetuation of sexual
4abuse, destructive behavior, and substance abuse) necessary to
5care for and safeguard the children to be placed or currently
6in the home. The Department may prepare a written summary of
7the information required by this paragraph, which may be
8provided to the foster or prospective adoptive parent in
9advance of a placement. The foster or prospective adoptive
10parent may review the supporting documents in the child's file
11in the presence of casework staff. In the case of an emergency
12placement, casework staff shall at least provide known
13information verbally, if necessary, and must subsequently
14provide the information in writing as required by this
16    The information described in this subsection shall be
17provided in writing. In the case of emergency placements when
18time does not allow prior review, preparation, and collection
19of written information, the Department shall provide such
20information as it becomes available. Within 10 business days
21after placement, the Department shall obtain from the
22prospective adoptive parent or parents or other caretaker a
23signed verification of receipt of the information provided.
24Within 10 business days after placement, the Department shall
25provide to the child's guardian ad litem a copy of the
26information provided to the prospective adoptive parent or



SB0724 Engrossed- 31 -LRB103 29722 SPS 56127 b

1parents or other caretaker. The information provided to the
2prospective adoptive parent or parents or other caretaker
3shall be reviewed and approved regarding accuracy at the
4supervisory level.
5    (u-5) Effective July 1, 1995, only foster care placements
6licensed as foster family homes pursuant to the Child Care Act
7of 1969 shall be eligible to receive foster care payments from
8the Department. Relative caregivers who, as of July 1, 1995,
9were approved pursuant to approved relative placement rules
10previously promulgated by the Department at 89 Ill. Adm. Code
11335 and had submitted an application for licensure as a foster
12family home may continue to receive foster care payments only
13until the Department determines that they may be licensed as a
14foster family home or that their application for licensure is
15denied or until September 30, 1995, whichever occurs first.
16    (v) The Department shall access criminal history record
17information as defined in the Illinois Uniform Conviction
18Information Act and information maintained in the adjudicatory
19and dispositional record system as defined in Section 2605-355
20of the Illinois State Police Law if the Department determines
21the information is necessary to perform its duties under the
22Abused and Neglected Child Reporting Act, the Child Care Act
23of 1969, and the Children and Family Services Act. The
24Department shall provide for interactive computerized
25communication and processing equipment that permits direct
26on-line communication with the Illinois State Police's central



SB0724 Engrossed- 32 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 33 -LRB103 29722 SPS 56127 b

1prospective foster or adoptive parent or other adult living in
2the home has resided in another state in the preceding 5 years,
3the Department shall request a check of that other state's
4child abuse and neglect registry.
5    (w) Within 120 days of August 20, 1995 (the effective date
6of Public Act 89-392), the Department shall prepare and submit
7to the Governor and the General Assembly, a written plan for
8the development of in-state licensed secure child care
9facilities that care for children who are in need of secure
10living arrangements for their health, safety, and well-being.
11For purposes of this subsection, secure care facility shall
12mean a facility that is designed and operated to ensure that
13all entrances and exits from the facility, a building or a
14distinct part of the building, are under the exclusive control
15of the staff of the facility, whether or not the child has the
16freedom of movement within the perimeter of the facility,
17building, or distinct part of the building. The plan shall
18include descriptions of the types of facilities that are
19needed in Illinois; the cost of developing these secure care
20facilities; the estimated number of placements; the potential
21cost savings resulting from the movement of children currently
22out-of-state who are projected to be returned to Illinois; the
23necessary geographic distribution of these facilities in
24Illinois; and a proposed timetable for development of such
26    (x) The Department shall conduct annual credit history



SB0724 Engrossed- 34 -LRB103 29722 SPS 56127 b

1checks to determine the financial history of children placed
2under its guardianship pursuant to the Juvenile Court Act of
31987. The Department shall conduct such credit checks starting
4when a youth in care turns 12 years old and each year
5thereafter for the duration of the guardianship as terminated
6pursuant to the Juvenile Court Act of 1987. The Department
7shall determine if financial exploitation of the child's
8personal information has occurred. If financial exploitation
9appears to have taken place or is presently ongoing, the
10Department shall notify the proper law enforcement agency, the
11proper State's Attorney, or the Attorney General.
12    (y) Beginning on July 22, 2010 (the effective date of
13Public Act 96-1189), a child with a disability who receives
14residential and educational services from the Department shall
15be eligible to receive transition services in accordance with
16Article 14 of the School Code from the age of 14.5 through age
1721, inclusive, notwithstanding the child's residential
18services arrangement. For purposes of this subsection, "child
19with a disability" means a child with a disability as defined
20by the federal Individuals with Disabilities Education
21Improvement Act of 2004.
22    (z) The Department shall access criminal history record
23information as defined as "background information" in this
24subsection and criminal history record information as defined
25in the Illinois Uniform Conviction Information Act for each
26Department employee or Department applicant. Each Department



SB0724 Engrossed- 35 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 36 -LRB103 29722 SPS 56127 b

1    Notification Law, concerning a Department employee or
2    Department applicant.
3        (iii) Information obtained by the Department of
4    Children and Family Services after performing a check of
5    the Child Abuse and Neglect Tracking System (CANTS)
6    operated and maintained by the Department.
7    "Department employee" means a full-time or temporary
8employee coded or certified within the State of Illinois
9Personnel System.
10    "Department applicant" means an individual who has
11conditional Department full-time or part-time work, a
12contractor, an individual used to replace or supplement staff,
13an academic intern, a volunteer in Department offices or on
14Department contracts, a work-study student, an individual or
15entity licensed by the Department, or an unlicensed service
16provider who works as a condition of a contract or an agreement
17and whose work may bring the unlicensed service provider into
18contact with Department clients or client records.
19(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
20101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
218-20-21; 102-1014, eff. 5-27-22.)
22    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
23    Sec. 17. Youth and Community Services Program. The
24Department of Human Services shall develop a State program for
25youth and community services which will assure that youth who



SB0724 Engrossed- 37 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 38 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 39 -LRB103 29722 SPS 56127 b

1        licensed through the Department of Children and Family
2        Services and should be strategically situated to meet
3        regional need and minimize geographic disruption in
4        consultation with the Children's Behavioral Health
5        Transformation Officer and the Children's Behavioral
6        Health Transformation Team.
7            (B) Temporary emergency placements may be host
8        homes or homeless youth shelters provided under the
9        Comprehensive Community-Based Youth Services program.
10        Beginning on the effective date of this amendatory Act
11        of the 103rd General Assembly, temporary emergency
12        placements must also include temporary emergency
13        placement shelters provided under the Comprehensive
14        Community-Based Youth Services program. Temporary
15        emergency placement shelters shall be managed by
16        Comprehensive Community-Based Youth Services provider
17        organizations and shall be available to house youth in
18        crisis, as defined by the Department, 24/7 and shall
19        provide access to clinical supports for youth while
20        staying at the shelter.
21            (C) Comprehensive Community-Based Youth Services
22        organizations shall retain the sole authority to place
23        youth in host homes and temporary emergency placement
24        shelters provided under the Comprehensive
25        Community-Based Youth Services program.
26            (D) Crisis youth, as defined by the Department,



SB0724 Engrossed- 40 -LRB103 29722 SPS 56127 b

1        shall be prioritized in temporary emergency
2        placements.
3            (E) Additional placement options may be authorized
4        for crisis and non-crisis program youth with the
5        permission of the youth's parent or legal guardian.
6            (F) While in a temporary emergency placement, the
7        organization shall work with the parent, guardian, or
8        custodian to effectuate the youth's return home or to
9        an alternative long-term living arrangement. As
10        necessary, the agency or association shall also work
11        with the youth's local school district, the
12        Department, the Department of Human Services, the
13        Department of Healthcare and Family Services, and the
14        Department of Juvenile Justice to identify immediate
15        and long-term services, treatment, or placement.
16(Source: P.A. 89-507, eff. 7-1-97.)
17    Section 20. The School Code is amended by changing
18Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
192-3.196 as follows:
20    (105 ILCS 5/2-3.163)
21    Sec. 2-3.163. Prioritization of Urgency of Need for
22Services database.
23    (a) The General Assembly makes all of the following



SB0724 Engrossed- 41 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 42 -LRB103 29722 SPS 56127 b

1Prioritization of Urgency of Need for Services database.
2    (c) Subject to appropriation, the Department of Human
3Services and State Board of Education shall develop and
4implement an online, computer-based training program for at
5least one designated employee in every public school in this
6State to educate him or her about the Prioritization of
7Urgency of Need for Services database and steps to be taken to
8ensure children and adolescents are enrolled. The training
9shall include instruction for at least one designated employee
10in every public school in contacting the appropriate
11developmental disabilities Independent Service Coordination
12agency to enroll children and adolescents in the database. At
13least one designated employee in every public school shall
14ensure the opportunity to enroll in the Prioritization of
15Urgency of Need for Services database is discussed during
16annual individualized education program (IEP) meetings for all
17children and adolescents believed to have a developmental
19    (d) The State Board of Education, in consultation with the
20Department of Human Services, through school districts, shall
21provide to parents and guardians of students a copy of the
22Department of Human Services's guide titled "Understanding
23PUNS: A Guide to Prioritization for Urgency of Need for
24Services" each year at the annual review meeting for the
25student's individualized education program, including the
26consideration required in subsection (e) of this Section.



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1    (e) The Department of Human Services shall consider the
2length of time spent on the Prioritization of Urgency of Need
3for Services waiting list, in addition to other factors
4considered, when selecting individuals on the list for
6    (f) Subject to appropriation, the Department of Human
7Services shall expand its selection of individuals from the
8Prioritization of Urgency of Need for Services database to
9include individuals who receive services through the Children
10and Young Adults with Developmental Disabilities - Support
12(Source: P.A. 102-57, eff. 7-9-21.)
13    (105 ILCS 5/2-3.196 new)
14    Sec. 2-3.196. Mental health screenings. On or before
15December 15, 2023, the State Board of Education, in
16consultation with the Children's Behavioral Health
17Transformation Officer, Children's Behavioral Health
18Transformation Team, and the Office of the Governor, shall
19file a report with the Governor and the General Assembly that
20includes recommendations for implementation of mental health
21screenings in schools for students enrolled in kindergarten
22through grade 12. This report must include a landscape scan of
23current district-wide screenings, recommendations for
24screening tools, training for staff, and linkage and referral
25for identified students.



SB0724 Engrossed- 44 -LRB103 29722 SPS 56127 b

1    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
2    Sec. 14-7.02. Children attending private schools, public
3out-of-state schools, public school residential facilities or
4private special education facilities.
5    (a) The General Assembly recognizes that non-public
6schools or special education facilities provide an important
7service in the educational system in Illinois.
8    (b) If a student's individualized education program (IEP)
9team determines that because of his or her disability the
10special education program of a district is unable to meet the
11needs of the child and the child attends a non-public school or
12special education facility, a public out-of-state school or a
13special education facility owned and operated by a county
14government unit that provides special educational services
15required by the child and is in compliance with the
16appropriate rules and regulations of the State Superintendent
17of Education, the school district in which the child is a
18resident shall pay the actual cost of tuition for special
19education and related services provided during the regular
20school term and during the summer school term if the child's
21educational needs so require, excluding room, board and
22transportation costs charged the child by that non-public
23school or special education facility, public out-of-state
24school or county special education facility, or $4,500 per
25year, whichever is less, and shall provide him any necessary



SB0724 Engrossed- 45 -LRB103 29722 SPS 56127 b

1transportation. "Nonpublic special education facility" shall
2include a residential facility, within or without the State of
3Illinois, which provides special education and related
4services to meet the needs of the child by utilizing private
5schools or public schools, whether located on the site or off
6the site of the residential facility. Resident district
7financial responsibility and reimbursement applies for both
8nonpublic special education facilities that are approved by
9the State Board of Education pursuant to 23 Ill. Adm. Code 401
10or other applicable laws or rules and for emergency placements
11in nonpublic special education facilities that are not
12approved by the State Board of Education pursuant to 23 Ill.
13Adm. Code 401 or other applicable laws or rules, subject to the
14requirements of this Section.
15    (c) Prior to the placement of a child in an out-of-state
16special education residential facility, the school district
17must refer to the child or the child's parent or guardian the
18option to place the child in a special education residential
19facility located within this State, if any, that provides
20treatment and services comparable to those provided by the
21out-of-state special education residential facility. The
22school district must review annually the placement of a child
23in an out-of-state special education residential facility. As
24a part of the review, the school district must refer to the
25child or the child's parent or guardian the option to place the
26child in a comparable special education residential facility



SB0724 Engrossed- 46 -LRB103 29722 SPS 56127 b

1located within this State, if any.
2    (c-5) Before a provider that operates a nonpublic special
3education facility terminates a student's placement in that
4facility, the provider must request an IEP meeting from the
5contracting school district. If the provider elects to
6terminate the student's placement following the IEP meeting,
7the provider must give written notice to this effect to the
8parent or guardian, the contracting public school district,
9and the State Board of Education no later than 20 business days
10before the date of termination, unless the health and safety
11of any student are endangered. The notice must include the
12detailed reasons for the termination and any actions taken to
13address the reason for the termination.
14    (d) Payments shall be made by the resident school district
15to the entity providing the educational services, whether the
16entity is the nonpublic special education facility or the
17school district wherein the facility is located, no less than
18once per quarter, unless otherwise agreed to in writing by the
20    (e) A school district may place a student in a nonpublic
21special education facility providing educational services, but
22not approved by the State Board of Education pursuant to 23
23Ill. Adm. Code 401 or other applicable laws or rules, provided
24that the State Board of Education provides an emergency and
25student-specific approval for placement. The State Board of
26Education shall promptly, within 10 days after the request,



SB0724 Engrossed- 47 -LRB103 29722 SPS 56127 b

1approve a request for emergency and student-specific approval
2for placement if the following have been demonstrated to the
3State Board of Education:
4        (1) the facility demonstrates appropriate licensure of
5    teachers for the student population;
6        (2) the facility demonstrates age-appropriate
7    curriculum;
8        (3) the facility provides enrollment and attendance
9    data;
10        (4) the facility demonstrates the ability to implement
11    the child's IEP; and
12        (5) the school district demonstrates that it made good
13    faith efforts to place the student in an approved
14    facility, but no approved facility has accepted the
15    student or has availability for immediate placement of the
16    student.
17A resident school district may also submit such proof to the
18State Board of Education as may be required for its student.
19The State Board of Education may not unreasonably withhold
20approval once satisfactory proof is provided to the State
22    (f) If an impartial due process hearing officer who is
23contracted by the State Board of Education pursuant to this
24Article orders placement of a student with a disability in a
25residential facility that is not approved by the State Board
26of Education, then, for purposes of this Section, the facility



SB0724 Engrossed- 48 -LRB103 29722 SPS 56127 b

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



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1school. Transportation to and from home to a residential
2school more than once each school term shall be subject to
3prior approval by the State Superintendent in accordance with
4the rules and regulations of the State Board.
5    (i) A school district making tuition payments pursuant to
6this Section is eligible for reimbursement from the State for
7the amount of such payments actually made in excess of the
8district per capita tuition charge for students not receiving
9special education services. Such reimbursement shall be
10approved in accordance with Section 14-12.01 and each district
11shall file its claims, computed in accordance with rules
12prescribed by the State Board of Education, on forms
13prescribed by the State Superintendent of Education. Data used
14as a basis of reimbursement claims shall be for the preceding
15regular school term and summer school term. Each school
16district shall transmit its claims to the State Board of
17Education on or before August 15. The State Board of
18Education, before approving any such claims, shall determine
19their accuracy and whether they are based upon services and
20facilities provided under approved programs. Upon approval the
21State Board shall cause vouchers to be prepared showing the
22amount due for payment of reimbursement claims to school
23districts, for transmittal to the State Comptroller on the
2430th day of September, December, and March, respectively, and
25the final voucher, no later than June 20. If the money
26appropriated by the General Assembly for such purpose for any



SB0724 Engrossed- 50 -LRB103 29722 SPS 56127 b

1year is insufficient, it shall be apportioned on the basis of
2the claims approved.
3    (j) No child shall be placed in a special education
4program pursuant to this Section if the tuition cost for
5special education and related services increases more than 10
6percent over the tuition cost for the previous school year or
7exceeds $4,500 per year unless such costs have been approved
8by the Illinois Purchased Care Review Board. The Illinois
9Purchased Care Review Board shall consist of the following
10persons, or their designees: the Directors of Children and
11Family Services, Public Health, Public Aid, and the Governor's
12Office of Management and Budget; the Secretary of Human
13Services; the State Superintendent of Education; and such
14other persons as the Governor may designate. The Review Board
15shall also consist of one non-voting member who is an
16administrator of a private, nonpublic, special education
17school. The Review Board shall establish rules and regulations
18for its determination of allowable costs and payments made by
19local school districts for special education, room and board,
20and other related services provided by non-public schools or
21special education facilities and shall establish uniform
22standards and criteria which it shall follow. The Review Board
23shall approve the usual and customary rate or rates of a
24special education program that (i) is offered by an
25out-of-state, non-public provider of integrated autism
26specific educational and autism specific residential services,



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1(ii) offers 2 or more levels of residential care, including at
2least one locked facility, and (iii) serves 12 or fewer
3Illinois students.
4    (k) In determining rates based on allowable costs, the
5Review Board shall consider any wage increases awarded by the
6General Assembly to front line personnel defined as direct
7support persons, aides, front-line supervisors, qualified
8intellectual disabilities professionals, nurses, and
9non-administrative support staff working in service settings
10in community-based settings within the State and adjust
11customary rates or rates of a special education program to be
12equitable to the wage increase awarded to similar staff
13positions in a community residential setting. Any wage
14increase awarded by the General Assembly to front line
15personnel defined as direct support persons, aides, front-line
16supervisors, qualified intellectual disabilities
17professionals, nurses, and non-administrative support staff
18working in community-based settings within the State,
19including the $0.75 per hour increase contained in Public Act
20100-23 and the $0.50 per hour increase included in Public Act
21100-23, shall also be a basis for any facility covered by this
22Section to appeal its rate before the Review Board under the
23process defined in Title 89, Part 900, Section 340 of the
24Illinois Administrative Code. Illinois Administrative Code
25Title 89, Part 900, Section 342 shall be updated to recognize
26wage increases awarded to community-based settings to be a



SB0724 Engrossed- 52 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 53 -LRB103 29722 SPS 56127 b

1deemed reasonable by the State Superintendent of Education.
2This support shall not include travel expenses or other
3compensation for any Review Board member other than the State
4Superintendent of Education.
5    (p) The Review Board shall seek the advice of the Advisory
6Council on Education of Children with Disabilities on the
7rules and regulations to be promulgated by it relative to
8providing special education services.
9    (q) If a child has been placed in a program in which the
10actual per pupil costs of tuition for special education and
11related services based on program enrollment, excluding room,
12board and transportation costs, exceed $4,500 and such costs
13have been approved by the Review Board, the district shall pay
14such total costs which exceed $4,500. A district making such
15tuition payments in excess of $4,500 pursuant to this Section
16shall be responsible for an amount in excess of $4,500 equal to
17the district per capita tuition charge and shall be eligible
18for reimbursement from the State for the amount of such
19payments actually made in excess of the districts per capita
20tuition charge for students not receiving special education
22    (r) If a child has been placed in an approved individual
23program and the tuition costs including room and board costs
24have been approved by the Review Board, then such room and
25board costs shall be paid by the appropriate State agency
26subject to the provisions of Section 14-8.01 of this Act. Room



SB0724 Engrossed- 54 -LRB103 29722 SPS 56127 b

1and board costs not provided by a State agency other than the
2State Board of Education shall be provided by the State Board
3of Education on a current basis. In no event, however, shall
4the State's liability for funding of these tuition costs begin
5until after the legal obligations of third party payors have
6been subtracted from such costs. If the money appropriated by
7the General Assembly for such purpose for any year is
8insufficient, it shall be apportioned on the basis of the
9claims approved. Each district shall submit estimated claims
10to the State Superintendent of Education. Upon approval of
11such claims, the State Superintendent of Education shall
12direct the State Comptroller to make payments on a monthly
13basis. The frequency for submitting estimated claims and the
14method of determining payment shall be prescribed in rules and
15regulations adopted by the State Board of Education. Such
16current state reimbursement shall be reduced by an amount
17equal to the proceeds which the child or child's parents are
18eligible to receive under any public or private insurance or
19assistance program. Nothing in this Section shall be construed
20as relieving an insurer or similar third party from an
21otherwise valid obligation to provide or to pay for services
22provided to a child with a disability.
23    (s) If it otherwise qualifies, a school district is
24eligible for the transportation reimbursement under Section
2514-13.01 and for the reimbursement of tuition payments under
26this Section whether the non-public school or special



SB0724 Engrossed- 55 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 56 -LRB103 29722 SPS 56127 b

1or her disability.
2    (u) Any educational or related services provided, pursuant
3to this Section in a non-public school or special education
4facility or a special education facility owned and operated by
5a county government unit shall be at no cost to the parent or
6guardian of the child. However, current law and practices
7relative to contributions by parents or guardians for costs
8other than educational or related services are not affected by
9this amendatory Act of 1978.
10    (v) Reimbursement for children attending public school
11residential facilities shall be made in accordance with the
12provisions of this Section.
13    (w) Notwithstanding any other provision of law, any school
14district receiving a payment under this Section or under
15Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
16all or a portion of the funds that it receives in a particular
17fiscal year or from general State aid pursuant to Section
1818-8.05 of this Code as funds received in connection with any
19funding program for which it is entitled to receive funds from
20the State in that fiscal year (including, without limitation,
21any funding program referenced in this Section), regardless of
22the source or timing of the receipt. The district may not
23classify more funds as funds received in connection with the
24funding program than the district is entitled to receive in
25that fiscal year for that program. Any classification by a
26district must be made by a resolution of its board of



SB0724 Engrossed- 57 -LRB103 29722 SPS 56127 b

1education. The resolution must identify the amount of any
2payments or general State aid to be classified under this
3paragraph and must specify the funding program to which the
4funds are to be treated as received in connection therewith.
5This resolution is controlling as to the classification of
6funds referenced therein. A certified copy of the resolution
7must be sent to the State Superintendent of Education. The
8resolution shall still take effect even though a copy of the
9resolution has not been sent to the State Superintendent of
10Education in a timely manner. No classification under this
11paragraph by a district shall affect the total amount or
12timing of money the district is entitled to receive under this
13Code. No classification under this paragraph by a district
14shall in any way relieve the district from or affect any
15requirements that otherwise would apply with respect to that
16funding program, including any accounting of funds by source,
17reporting expenditures by original source and purpose,
18reporting requirements, or requirements of providing services.
19(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
20102-703, eff. 4-22-22.)
21    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
22    Sec. 14-15.01. Community and Residential Services
24    (a) (1) The Community and Residential Services Authority
25is hereby created and shall consist of the following members:



SB0724 Engrossed- 58 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 59 -LRB103 29722 SPS 56127 b

1have been a parent of an individual with a behavior disorder or
2a severe emotional disturbance, and that appointee may be from
3either the private or the public sector.
4    (2) Members appointed by the Governor shall be appointed
5for terms of 4 years and shall continue to serve until their
6respective successors are appointed; provided that the terms
7of the original appointees shall expire on August 1, 1990. Any
8vacancy in the office of a member appointed by the Governor
9shall be filled by appointment of the Governor for the
10remainder of the term.
11    A vacancy in the office of a member appointed by the
12Governor exists when one or more of the following events
14        (i) An appointee dies;
15        (ii) An appointee files a written resignation with the
16    Governor;
17        (iii) An appointee ceases to be a legal resident of
18    the State of Illinois; or
19        (iv) An appointee fails to attend a majority of
20    regularly scheduled Authority meetings in a fiscal year.
21    Members who are representatives of an agency shall serve
22at the will of the agency head. Membership on the Authority
23shall cease immediately upon cessation of their affiliation
24with the agency. If such a vacancy occurs, the appropriate
25agency head shall appoint another person to represent the



SB0724 Engrossed- 60 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 61 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 62 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 63 -LRB103 29722 SPS 56127 b

1their duties.
2    (2) The Authority may appoint special study groups to
3operate under the direction of the Authority and persons
4appointed to such groups shall receive only reimbursement of
5reasonable expenses incurred in the performance of their
7    (3) The Authority shall elect from its membership a
8chairperson, vice-chairperson and secretary.
9    (4) The Authority may employ and fix the compensation of
10such employees and technical assistants as it deems necessary
11to carry out its powers and duties under this Act. Staff
12assistance for the Authority shall be provided by the State
13Board of Education.
14    (5) Funds for the ordinary and contingent expenses of the
15Authority shall be appropriated to the State Board of
16Education in a separate line item.
17    (d) (1) The Authority shall have power to promulgate rules
18and regulations to carry out its powers and duties under this
20    (2) The Authority may accept monetary gifts or grants from
21the federal government or any agency thereof, from any
22charitable foundation or professional association or from any
23other reputable source for implementation of any program
24necessary or desirable to the carrying out of the general
25purposes of the Authority. Such gifts and grants may be held in
26trust by the Authority and expended in the exercise of its



SB0724 Engrossed- 64 -LRB103 29722 SPS 56127 b

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



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



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



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



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



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



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



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



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



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



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1    with industry representatives of the Medicaid managed care
2    health plans and representatives of associations
3    representing the majority of providers within the
4    identified industry.
5        (4) Metrics shall be defined and incorporated into the
6    applicable Managed Care Policy Manual issued by the
7    Department.
8    (g-7) MCO claims processing and performance analysis. In
9order to monitor MCO payments to hospital providers, pursuant
10to Public Act 100-580, the Department shall post an analysis
11of MCO claims processing and payment performance on its
12website every 6 months. Such analysis shall include a review
13and evaluation of a representative sample of hospital claims
14that are rejected and denied for clean and unclean claims and
15the top 5 reasons for such actions and timeliness of claims
16adjudication, which identifies the percentage of claims
17adjudicated within 30, 60, 90, and over 90 days, and the dollar
18amounts associated with those claims.
19    (g-8) Dispute resolution process. The Department shall
20maintain a provider complaint portal through which a provider
21can submit to the Department unresolved disputes with an MCO.
22An unresolved dispute means an MCO's decision that denies in
23whole or in part a claim for reimbursement to a provider for
24health care services rendered by the provider to an enrollee
25of the MCO with which the provider disagrees. Disputes shall
26not be submitted to the portal until the provider has availed



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1itself of the MCO's internal dispute resolution process.
2Disputes that are submitted to the MCO internal dispute
3resolution process may be submitted to the Department of
4Healthcare and Family Services' complaint portal no sooner
5than 30 days after submitting to the MCO's internal process
6and not later than 30 days after the unsatisfactory resolution
7of the internal MCO process or 60 days after submitting the
8dispute to the MCO internal process. Multiple claim disputes
9involving the same MCO may be submitted in one complaint,
10regardless of whether the claims are for different enrollees,
11when the specific reason for non-payment of the claims
12involves a common question of fact or policy. Within 10
13business days of receipt of a complaint, the Department shall
14present such disputes to the appropriate MCO, which shall then
15have 30 days to issue its written proposal to resolve the
16dispute. The Department may grant one 30-day extension of this
17time frame to one of the parties to resolve the dispute. If the
18dispute remains unresolved at the end of this time frame or the
19provider is not satisfied with the MCO's written proposal to
20resolve the dispute, the provider may, within 30 days, request
21the Department to review the dispute and make a final
22determination. Within 30 days of the request for Department
23review of the dispute, both the provider and the MCO shall
24present all relevant information to the Department for
25resolution and make individuals with knowledge of the issues
26available to the Department for further inquiry if needed.



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



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



SB0724 Engrossed- 78 -LRB103 29722 SPS 56127 b

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



SB0724 Engrossed- 79 -LRB103 29722 SPS 56127 b

1State's fee-for-service system, shall a provider be denied
2payment for failure to comply with any timely submission
3requirements under this Code or under any existing contract,
4unless the non-electronic format claim submission occurs after
5the initial 180 days following the latest date of service on
6the claim, or after the 90 business days correction period
7following notification to the provider of rejection or denial
8of payment.
9    (h) The Department shall not expand mandatory MCO
10enrollment into new counties beyond those counties already
11designated by the Department as of June 1, 2014 for the
12individuals whose eligibility for medical assistance is not
13the seniors or people with disabilities population until the
14Department provides an opportunity for accountable care
15entities and MCOs to participate in such newly designated
17    (h-5) Leading indicator data sharing. By January 1, 2024,
18the Department shall obtain input from the Department of Human
19Services, the Department of Juvenile Justice, the Department
20of Children and Family Services, the State Board of Education,
21managed care organizations, providers, and clinical experts to
22identify and analyze key indicators from assessments and data
23sets available to the Department that can be shared with
24managed care organizations and similar care coordination
25entities contracted with the Department as leading indicators
26for elevated behavioral health crisis risk for children. To



SB0724 Engrossed- 80 -LRB103 29722 SPS 56127 b

1the extent permitted by State and federal law, the identified
2leading indicators shall be shared with managed care
3organizations and similar care coordination entities
4contracted with the Department within 6 months of
5identification for the purpose of improving care coordination
6with the early detection of elevated risk. Leading indicators
7shall be reassessed annually with stakeholder input.
8    (i) The requirements of this Section apply to contracts
9with accountable care entities and MCOs entered into, amended,
10or renewed after June 16, 2014 (the effective date of Public
11Act 98-651).
12    (j) Health care information released to managed care
13organizations. A health care provider shall release to a
14Medicaid managed care organization, upon request, and subject
15to the Health Insurance Portability and Accountability Act of
161996 and any other law applicable to the release of health
17information, the health care information of the MCO's
18enrollee, if the enrollee has completed and signed a general
19release form that grants to the health care provider
20permission to release the recipient's health care information
21to the recipient's insurance carrier.
22    (k) The Department of Healthcare and Family Services,
23managed care organizations, a statewide organization
24representing hospitals, and a statewide organization
25representing safety-net hospitals shall explore ways to
26support billing departments in safety-net hospitals.



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1    (l) The requirements of this Section added by Public Act
2102-4 shall apply to services provided on or after the first
3day of the month that begins 60 days after April 27, 2021 (the
4effective date of Public Act 102-4).
5(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
6102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
78-20-21; 102-813, eff. 5-13-22.)
8    Section 30. The Juvenile Court Act of 1987 is amended by
9changing Section 3-5 as follows:
10    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
11    Sec. 3-5. Interim crisis intervention services.
12    (a) Any minor who is taken into limited custody, or who
13independently requests or is referred for assistance, may be
14provided crisis intervention services by an agency or
15association, as defined in this Act, provided the association
16or agency staff (i) immediately investigate the circumstances
17of the minor and the facts surrounding the minor being taken
18into custody and promptly explain these facts and
19circumstances to the minor, and (ii) make a reasonable effort
20to inform the minor's parent, guardian or custodian of the
21fact that the minor has been taken into limited custody and
22where the minor is being kept, and (iii) if the minor consents,
23make a reasonable effort to transport, arrange for the
24transportation of, or otherwise release the minor to the



SB0724 Engrossed- 82 -LRB103 29722 SPS 56127 b

1parent, guardian or custodian. Upon release of the child who
2is believed to need or benefit from medical, psychological,
3psychiatric or social services, the association or agency may
4inform the minor and the person to whom the minor is released
5of the nature and location of appropriate services and shall,
6if requested, assist in establishing contact between the
7family and other associations or agencies providing such
8services. If the agency or association is unable by all
9reasonable efforts to contact a parent, guardian or custodian,
10or if the person contacted lives an unreasonable distance
11away, or if the minor refuses to be taken to his or her home or
12other appropriate residence, or if the agency or association
13is otherwise unable despite all reasonable efforts to make
14arrangements for the safe return of the minor, the minor may be
15taken to a temporary living arrangement which is in compliance
16with the Child Care Act of 1969 or which is with persons agreed
17to by the parents and the agency or association.
18    (b) An agency or association is authorized to permit a
19minor to be sheltered in a temporary living arrangement
20provided the agency seeks to effect the minor's return home or
21alternative living arrangements agreeable to the minor and the
22parent, guardian, or custodian as soon as practicable. No
23minor shall be sheltered in a temporary living arrangement for
24more than 21 days, unless the last day of the 21 days falls on
25a Saturday, Sunday, or court-designated holiday. Throughout
26such limited custody, the agency or association shall work



SB0724 Engrossed- 83 -LRB103 29722 SPS 56127 b

1with the parent, guardian, or custodian and the minor's local
2school district, the Department of Human Services, the
3Department of Healthcare and Family Services, the Department
4of Juvenile Justice, and the Department of Children and Family
5Services to identify immediate and long-term treatment or
6placement. 48 hours, excluding Saturdays, Sundays, and
7court-designated holidays, when the agency has reported the
8minor as neglected or abused because the parent, guardian, or
9custodian refuses to permit the child to return home, provided
10that in all other instances the minor may be sheltered when the
11agency obtains the consent of the parent, guardian, or
12custodian or documents its unsuccessful efforts to obtain the
13consent or authority of the parent, guardian, or custodian,
14including recording the date and the staff involved in all
15telephone calls, telegrams, letters, and personal contacts to
16obtain the consent or authority, in which instances the minor
17may be so sheltered for not more than 21 days. If at any time
18during the crisis intervention the parent, guardian, or
19custodian refuses to permit the minor to return home, and no
20other living arrangement agreeable to the parent, guardian, or
21custodian can be made, and the parent, guardian, or custodian
22has not made an attempt to locate any other appropriate living
23arrangement for the child, the agency or association shall
24contact may deem the minor to be neglected and report the
25neglect to the Department of Children and Family Services as
26provided in the Abused and Neglected Child Reporting Act. The



SB0724 Engrossed- 84 -LRB103 29722 SPS 56127 b

1Child Protective Service Unit of the Department of Children
2and Family Services shall begin an investigation of the report
3within 24 hours after receiving the report and shall determine
4whether to file a petition alleging that the minor is
5neglected or abused as described in Section 2-3 of this Act.
6Subject to appropriation, the Department may take the minor
7into temporary protective custody at any time after receiving
8the report, provided that the Department shall take temporary
9protective custody within 48 hours of receiving the report if
10its investigation is not completed. If the Department of
11Children and Family Services determines that the minor is not
12a neglected minor because the minor is an immediate physical
13danger to himself, herself, or others living in the home, then
14the Department shall take immediate steps to either secure the
15minor's immediate admission to a mental health facility,
16arrange for law enforcement authorities to take temporary
17custody of the minor as a delinquent minor, or take other
18appropriate action to assume protective custody in order to
19safeguard the minor or others living in the home from
20immediate physical danger.
21    (c) Any agency or association or employee thereof acting
22reasonably and in good faith in the care of a minor being
23provided interim crisis intervention services and shelter care
24shall be immune from any civil or criminal liability resulting
25from such care.
26(Source: P.A. 95-443, eff. 1-1-08.)



SB0724 Engrossed- 85 -LRB103 29722 SPS 56127 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.