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


Rep. Lindsey LaPointe

Filed: 5/8/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 724 by replacing
3everything after the enacting clause with the following:
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



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1General Assembly and federal and local leaders on these
2critical issues.
3    An Interagency Children's Behavioral Health Services Team
4is established to find appropriate services, residential
5treatment, and support for children identified by each
6participating agency as requiring enhanced agency
7collaboration to identify and obtain treatment in a
8residential setting. Responsibilities of each participating
9agency shall be outlined in an interagency agreement between
10all the relevant State agencies.
11    Section 10. Interagency agreement. In order to establish
12the Interagency Children's Behavioral Health Services Team,
13within 90 days after the effective date of this Act, the
14Department of Children of Family Services, the Department of
15Human Services, the Department of Healthcare and Family
16Services, the Illinois State Board of Education, the
17Department of Juvenile Justice, and the Department of Public
18Health shall enter into an interagency agreement for the
19purpose of establishing the roles and responsibilities of each
20participating agency.
21    The interagency agreement, among other things, shall
22address all of the following:
23        (1) Require each participating agency to assign staff
24    to the Interagency Children's Behavioral Health Services
25    Team who have operational knowledge of and decision-making



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1    authority over the agency's children's behavioral health
2    programs and services.
3        (2) Set criteria to identify children whose cases will
4    be presented to the Interagency Children's Behavioral
5    Health Services Team for prioritized review. Criteria
6    shall include, but not be limited to:
7            (A) the length of time the child has been
8        clinically approved for residential services through
9        existing funding streams but has not been admitted to
10        an appropriate program;
11            (B) the length of time the child has been in a
12        hospital emergency department or medical unit seeking
13        inpatient treatment for psychiatric or behavioral
14        health emergency;
15            (C) the length of time the child has been in a
16        psychiatric or general acute care hospital for
17        inpatient psychiatric treatment beyond medical
18        necessity;
19            (D) the risk of being taken into the custody of the
20        Department of Children and Family Services in the
21        absence of abuse or neglect as defined by the Abused
22        and Neglected Child Reporting Act or the Juvenile
23        Court Act of 1987 for the sole purpose of obtaining
24        behavioral health services or residential treatment;
25            (E) other circumstances that require enhanced
26        interagency collaboration to find appropriate services



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



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1        required enhanced agency collaboration;
2            (C) the types of services including residential
3        treatment that were needed to appropriately support
4        the aggregate needs of children presented;
5            (D) the timeframe it took to find placement or
6        appropriate services; and
7            (E) any other data or information the Interagency
8        Children's Behavioral Health Services Team deems
9        appropriate.
10    All information collected, shared, or stored pursuant to
11this Section shall be handled in accordance with all State and
12federal privacy laws and accompanying regulations and rules,
13including without limitation the federal Health Insurance
14Portability and Accountability Act of 1996 (Public Law
15104-191) and the Mental Health and Developmental Disabilities
16Confidentiality Act.
17    Nothing in this Section shall be construed or applied in a
18manner that would conflict with, diminish, or infringe upon,
19any State agency's obligation to comply fully with
20requirements imposed under a court order or State or federal
21consent decree applicable to that agency.
22    Section 15. The Children and Family Services Act is
23amended by changing Sections 5 and 17 as follows:
24    (20 ILCS 505/5)  (from Ch. 23, par. 5005)



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



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



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



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1            years of age.
2    (b) (Blank).
3    (b-5) The Department shall adopt rules to establish a
4process for all licensed residential providers in Illinois to
5submit data as required by the Department, if they contract or
6receive reimbursement for children's mental health, substance
7use, and developmental disability services from the Department
8of Human Services, the Department of Juvenile Justice, or the
9Department of Healthcare and Family Services. The requested
10data must include, but is not limited to, capacity, staffing,
11and occupancy data for the purpose of establishing State need
12and placement availability.
13    All information collected, shared, or stored pursuant to
14this subsection shall be handled in accordance with all State
15and federal privacy laws and accompanying regulations and
16rules, including without limitation the federal Health
17Insurance Portability and Accountability Act of 1996 (Public
18Law 104-191) and the Mental Health and Developmental
19Disabilities Confidentiality Act.
20    (c) The Department shall establish and maintain
21tax-supported child welfare services and extend and seek to
22improve voluntary services throughout the State, to the end
23that services and care shall be available on an equal basis
24throughout the State to children requiring such services.
25    (d) The Director may authorize advance disbursements for
26any new program initiative to any agency contracting with the



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



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



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1individualized, program-oriented plan for such youth in care.
2The plan may be developed within the Department or through
3purchase of services by the Department to the extent that it is
4within its statutory authority to do.
5    (i) Service programs shall be available throughout the
6State and shall include but not be limited to the following
8        (1) case management;
9        (2) homemakers;
10        (3) counseling;
11        (4) parent education;
12        (5) day care; and
13        (6) emergency assistance and advocacy.
14    In addition, the following services may be made available
15to assess and meet the needs of children and families:
16        (1) comprehensive family-based services;
17        (2) assessments;
18        (3) respite care; and
19        (4) in-home health services.
20    The Department shall provide transportation for any of the
21services it makes available to children or families or for
22which it refers children or families.
23    (j) The Department may provide categories of financial
24assistance and education assistance grants, and shall
25establish rules and regulations concerning the assistance and
26grants, to persons who adopt children with physical or mental



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1disabilities, children who are older, or other hard-to-place
2children who (i) immediately prior to their adoption were
3youth in care or (ii) were determined eligible for financial
4assistance with respect to a prior adoption and who become
5available for adoption because the prior adoption has been
6dissolved and the parental rights of the adoptive parents have
7been terminated or because the child's adoptive parents have
8died. The Department may continue to provide financial
9assistance and education assistance grants for a child who was
10determined eligible for financial assistance under this
11subsection (j) in the interim period beginning when the
12child's adoptive parents died and ending with the finalization
13of the new adoption of the child by another adoptive parent or
14parents. The Department may also provide categories of
15financial assistance and education assistance grants, and
16shall establish rules and regulations for the assistance and
17grants, to persons appointed guardian of the person under
18Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
194-25, or 5-740 of the Juvenile Court Act of 1987 for children
20who were youth in care for 12 months immediately prior to the
21appointment of the guardian.
22    The amount of assistance may vary, depending upon the
23needs of the child and the adoptive parents, as set forth in
24the annual assistance agreement. Special purpose grants are
25allowed where the child requires special service but such
26costs may not exceed the amounts which similar services would



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



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11987, family preservation services shall not be offered if a
2goal other than those of subdivisions (A), (B), or (B-1) of
3subsection (2) of Section 2-28 of that Act has been set, except
4that reunification services may be offered as provided in
5paragraph (F) of subsection (2) of Section 2-28 of that Act.
6Nothing in this paragraph shall be construed to create a
7private right of action or claim on the part of any individual
8or child welfare agency, except that when a child is the
9subject of an action under Article II of the Juvenile Court Act
10of 1987 and the child's service plan calls for services to
11facilitate achievement of the permanency goal, the court
12hearing the action under Article II of the Juvenile Court Act
13of 1987 may order the Department to provide the services set
14out in the plan, if those services are not provided with
15reasonable promptness and if those services are available.
16    The Department shall notify the child and his family of
17the Department's responsibility to offer and provide family
18preservation services as identified in the service plan. The
19child and his family shall be eligible for services as soon as
20the report is determined to be "indicated". The Department may
21offer services to any child or family with respect to whom a
22report of suspected child abuse or neglect has been filed,
23prior to concluding its investigation under Section 7.12 of
24the Abused and Neglected Child Reporting Act. However, the
25child's or family's willingness to accept services shall not
26be considered in the investigation. The Department may also



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1provide services to any child or family who is the subject of
2any report of suspected child abuse or neglect or may refer
3such child or family to services available from other agencies
4in the community, even if the report is determined to be
5unfounded, if the conditions in the child's or family's home
6are reasonably likely to subject the child or family to future
7reports of suspected child abuse or neglect. Acceptance of
8such services shall be voluntary. The Department may also
9provide services to any child or family after completion of a
10family assessment, as an alternative to an investigation, as
11provided under the "differential response program" provided
12for in subsection (a-5) of Section 7.4 of the Abused and
13Neglected Child Reporting Act.
14    The Department may, at its discretion except for those
15children also adjudicated neglected or dependent, accept for
16care and training any child who has been adjudicated addicted,
17as a truant minor in need of supervision or as a minor
18requiring authoritative intervention, under the Juvenile Court
19Act or the Juvenile Court Act of 1987, but no such child shall
20be committed to the Department by any court without the
21approval of the Department. On and after January 1, 2015 (the
22effective date of Public Act 98-803) and before January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of
26or committed to the Department by any court, except (i) a minor



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1less than 16 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition
6to reinstate wardship pursuant to subsection (2) of Section
72-33 of the Juvenile Court Act of 1987. On and after January 1,
82017, a minor charged with a criminal offense under the
9Criminal Code of 1961 or the Criminal Code of 2012 or
10adjudicated delinquent shall not be placed in the custody of
11or committed to the Department by any court, except (i) a minor
12less than 15 years of age committed to the Department under
13Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
14for whom an independent basis of abuse, neglect, or dependency
15exists, which must be defined by departmental rule, or (iii) a
16minor for whom the court has granted a supplemental petition
17to reinstate wardship pursuant to subsection (2) of Section
182-33 of the Juvenile Court Act of 1987. An independent basis
19exists when the allegations or adjudication of abuse, neglect,
20or dependency do not arise from the same facts, incident, or
21circumstances which give rise to a charge or adjudication of
22delinquency. The Department shall assign a caseworker to
23attend any hearing involving a youth in the care and custody of
24the Department who is placed on aftercare release, including
25hearings involving sanctions for violation of aftercare
26release conditions and aftercare release revocation hearings.



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1    As soon as is possible after August 7, 2009 (the effective
2date of Public Act 96-134), the Department shall develop and
3implement a special program of family preservation services to
4support intact, foster, and adoptive families who are
5experiencing extreme hardships due to the difficulty and
6stress of caring for a child who has been diagnosed with a
7pervasive developmental disorder if the Department determines
8that those services are necessary to ensure the health and
9safety of the child. The Department may offer services to any
10family whether or not a report has been filed under the Abused
11and Neglected Child Reporting Act. The Department may refer
12the child or family to services available from other agencies
13in the community if the conditions in the child's or family's
14home are reasonably likely to subject the child or family to
15future reports of suspected child abuse or neglect. Acceptance
16of these services shall be voluntary. The Department shall
17develop and implement a public information campaign to alert
18health and social service providers and the general public
19about these special family preservation services. The nature
20and scope of the services offered and the number of families
21served under the special program implemented under this
22paragraph shall be determined by the level of funding that the
23Department annually allocates for this purpose. The term
24"pervasive developmental disorder" under this paragraph means
25a neurological condition, including, but not limited to,
26Asperger's Syndrome and autism, as defined in the most recent



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1edition of the Diagnostic and Statistical Manual of Mental
2Disorders of the American Psychiatric Association.
3    (l-1) The legislature recognizes that the best interests
4of the child require that the child be placed in the most
5permanent living arrangement as soon as is practically
6possible. To achieve this goal, the legislature directs the
7Department of Children and Family Services to conduct
8concurrent planning so that permanency may occur at the
9earliest opportunity. Permanent living arrangements may
10include prevention of placement of a child outside the home of
11the family when the child can be cared for at home without
12endangering the child's health or safety; reunification with
13the family, when safe and appropriate, if temporary placement
14is necessary; or movement of the child toward the most
15permanent living arrangement and permanent legal status.
16    When determining reasonable efforts to be made with
17respect to a child, as described in this subsection, and in
18making such reasonable efforts, the child's health and safety
19shall be the paramount concern.
20    When a child is placed in foster care, the Department
21shall ensure and document that reasonable efforts were made to
22prevent or eliminate the need to remove the child from the
23child's home. The Department must make reasonable efforts to
24reunify the family when temporary placement of the child
25occurs unless otherwise required, pursuant to the Juvenile
26Court Act of 1987. At any time after the dispositional hearing



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1where the Department believes that further reunification
2services would be ineffective, it may request a finding from
3the court that reasonable efforts are no longer appropriate.
4The Department is not required to provide further
5reunification services after such a finding.
6    A decision to place a child in substitute care shall be
7made with considerations of the child's health, safety, and
8best interests. At the time of placement, consideration should
9also be given so that if reunification fails or is delayed, the
10placement made is the best available placement to provide
11permanency for the child.
12    The Department shall adopt rules addressing concurrent
13planning for reunification and permanency. The Department
14shall consider the following factors when determining
15appropriateness of concurrent planning:
16        (1) the likelihood of prompt reunification;
17        (2) the past history of the family;
18        (3) the barriers to reunification being addressed by
19    the family;
20        (4) the level of cooperation of the family;
21        (5) the foster parents' willingness to work with the
22    family to reunite;
23        (6) the willingness and ability of the foster family
24    to provide an adoptive home or long-term placement;
25        (7) the age of the child;
26        (8) placement of siblings.



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1    (m) The Department may assume temporary custody of any
2child if:
3        (1) it has received a written consent to such
4    temporary custody signed by the parents of the child or by
5    the parent having custody of the child if the parents are
6    not living together or by the guardian or custodian of the
7    child if the child is not in the custody of either parent,
8    or
9        (2) the child is found in the State and neither a
10    parent, guardian nor custodian of the child can be
11    located.
12If the child is found in his or her residence without a parent,
13guardian, custodian, or responsible caretaker, the Department
14may, instead of removing the child and assuming temporary
15custody, place an authorized representative of the Department
16in that residence until such time as a parent, guardian, or
17custodian enters the home and expresses a willingness and
18apparent ability to ensure the child's health and safety and
19resume permanent charge of the child, or until a relative
20enters the home and is willing and able to ensure the child's
21health and safety and assume charge of the child until a
22parent, guardian, or custodian enters the home and expresses
23such willingness and ability to ensure the child's safety and
24resume permanent charge. After a caretaker has remained in the
25home for a period not to exceed 12 hours, the Department must
26follow those procedures outlined in Section 2-9, 3-11, 4-8, or



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15-415 of the Juvenile Court Act of 1987.
2    The Department shall have the authority, responsibilities
3and duties that a legal custodian of the child would have
4pursuant to subsection (9) of Section 1-3 of the Juvenile
5Court Act of 1987. Whenever a child is taken into temporary
6custody pursuant to an investigation under the Abused and
7Neglected Child Reporting Act, or pursuant to a referral and
8acceptance under the Juvenile Court Act of 1987 of a minor in
9limited custody, the Department, during the period of
10temporary custody and before the child is brought before a
11judicial officer as required by Section 2-9, 3-11, 4-8, or
125-415 of the Juvenile Court Act of 1987, shall have the
13authority, responsibilities and duties that a legal custodian
14of the child would have under subsection (9) of Section 1-3 of
15the Juvenile Court Act of 1987.
16    The Department shall ensure that any child taken into
17custody is scheduled for an appointment for a medical
19    A parent, guardian, or custodian of a child in the
20temporary custody of the Department who would have custody of
21the child if he were not in the temporary custody of the
22Department may deliver to the Department a signed request that
23the Department surrender the temporary custody of the child.
24The Department may retain temporary custody of the child for
2510 days after the receipt of the request, during which period
26the Department may cause to be filed a petition pursuant to the



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



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1child's health and safety or are unavailable and such
2placement would be for their best interest. Payment for board,
3clothing, care, training and supervision of any child placed
4in a licensed child care facility may be made by the
5Department, by the parents or guardians of the estates of
6those children, or by both the Department and the parents or
7guardians, except that no payments shall be made by the
8Department for any child placed in a licensed child care
9facility for board, clothing, care, training and supervision
10of such a child that exceed the average per capita cost of
11maintaining and of caring for a child in institutions for
12dependent or neglected children operated by the Department.
13However, such restriction on payments does not apply in cases
14where children require specialized care and treatment for
15problems of severe emotional disturbance, physical disability,
16social adjustment, or any combination thereof and suitable
17facilities for the placement of such children are not
18available at payment rates within the limitations set forth in
19this Section. All reimbursements for services delivered shall
20be absolutely inalienable by assignment, sale, attachment, or
21garnishment or otherwise.
22    (n-1) The Department shall provide or authorize child
23welfare services, aimed at assisting minors to achieve
24sustainable self-sufficiency as independent adults, for any
25minor eligible for the reinstatement of wardship pursuant to
26subsection (2) of Section 2-33 of the Juvenile Court Act of



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11987, whether or not such reinstatement is sought or allowed,
2provided that the minor consents to such services and has not
3yet attained the age of 21. The Department shall have
4responsibility for the development and delivery of services
5under this Section. An eligible youth may access services
6under this Section through the Department of Children and
7Family Services or by referral from the Department of Human
8Services. Youth participating in services under this Section
9shall cooperate with the assigned case manager in developing
10an agreement identifying the services to be provided and how
11the youth will increase skills to achieve self-sufficiency. A
12homeless shelter is not considered appropriate housing for any
13youth receiving child welfare services under this Section. The
14Department shall continue child welfare services under this
15Section to any eligible minor until the minor becomes 21 years
16of age, no longer consents to participate, or achieves
17self-sufficiency as identified in the minor's service plan.
18The Department of Children and Family Services shall create
19clear, readable notice of the rights of former foster youth to
20child welfare services under this Section and how such
21services may be obtained. The Department of Children and
22Family Services and the Department of Human Services shall
23disseminate this information statewide. The Department shall
24adopt regulations describing services intended to assist
25minors in achieving sustainable self-sufficiency as
26independent adults.



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



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



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



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1adoption agency in the State to assist the agencies in placing
2such children for adoption. The Department may delegate to an
3agent its duty to maintain and make available such lists. The
4Department shall ensure that such agent maintains the
5confidentiality of the person seeking to adopt the child and
6of the child.
7    (s) The Department of Children and Family Services may
8establish and implement a program to reimburse Department and
9private child welfare agency foster parents licensed by the
10Department of Children and Family Services for damages
11sustained by the foster parents as a result of the malicious or
12negligent acts of foster children, as well as providing third
13party coverage for such foster parents with regard to actions
14of foster children to other individuals. Such coverage will be
15secondary to the foster parent liability insurance policy, if
16applicable. The program shall be funded through appropriations
17from the General Revenue Fund, specifically designated for
18such purposes.
19    (t) The Department shall perform home studies and
20investigations and shall exercise supervision over visitation
21as ordered by a court pursuant to the Illinois Marriage and
22Dissolution of Marriage Act or the Adoption Act only if:
23        (1) an order entered by an Illinois court specifically
24    directs the Department to perform such services; and
25        (2) the court has ordered one or both of the parties to
26    the proceeding to reimburse the Department for its



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1    reasonable costs for providing such services in accordance
2    with Department rules, or has determined that neither
3    party is financially able to pay.
4    The Department shall provide written notification to the
5court of the specific arrangements for supervised visitation
6and projected monthly costs within 60 days of the court order.
7The Department shall send to the court information related to
8the costs incurred except in cases where the court has
9determined the parties are financially unable to pay. The
10court may order additional periodic reports as appropriate.
11    (u) In addition to other information that must be
12provided, whenever the Department places a child with a
13prospective adoptive parent or parents, in a licensed foster
14home, group home, or child care institution, or in a relative
15home, the Department shall provide to the prospective adoptive
16parent or parents or other caretaker:
17        (1) available detailed information concerning the
18    child's educational and health history, copies of
19    immunization records (including insurance and medical card
20    information), a history of the child's previous
21    placements, if any, and reasons for placement changes
22    excluding any information that identifies or reveals the
23    location of any previous caretaker;
24        (2) a copy of the child's portion of the client
25    service plan, including any visitation arrangement, and
26    all amendments or revisions to it as related to the child;



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1    and
2        (3) information containing details of the child's
3    individualized educational plan when the child is
4    receiving special education services.
5    The caretaker shall be informed of any known social or
6behavioral information (including, but not limited to,
7criminal background, fire setting, perpetuation of sexual
8abuse, destructive behavior, and substance abuse) necessary to
9care for and safeguard the children to be placed or currently
10in the home. The Department may prepare a written summary of
11the information required by this paragraph, which may be
12provided to the foster or prospective adoptive parent in
13advance of a placement. The foster or prospective adoptive
14parent may review the supporting documents in the child's file
15in the presence of casework staff. In the case of an emergency
16placement, casework staff shall at least provide known
17information verbally, if necessary, and must subsequently
18provide the information in writing as required by this
20    The information described in this subsection shall be
21provided in writing. In the case of emergency placements when
22time does not allow prior review, preparation, and collection
23of written information, the Department shall provide such
24information as it becomes available. Within 10 business days
25after placement, the Department shall obtain from the
26prospective adoptive parent or parents or other caretaker a



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1signed verification of receipt of the information provided.
2Within 10 business days after placement, the Department shall
3provide to the child's guardian ad litem a copy of the
4information provided to the prospective adoptive parent or
5parents or other caretaker. The information provided to the
6prospective adoptive parent or parents or other caretaker
7shall be reviewed and approved regarding accuracy at the
8supervisory level.
9    (u-5) Effective July 1, 1995, only foster care placements
10licensed as foster family homes pursuant to the Child Care Act
11of 1969 shall be eligible to receive foster care payments from
12the Department. Relative caregivers who, as of July 1, 1995,
13were approved pursuant to approved relative placement rules
14previously promulgated by the Department at 89 Ill. Adm. Code
15335 and had submitted an application for licensure as a foster
16family home may continue to receive foster care payments only
17until the Department determines that they may be licensed as a
18foster family home or that their application for licensure is
19denied or until September 30, 1995, whichever occurs first.
20    (v) The Department shall access criminal history record
21information as defined in the Illinois Uniform Conviction
22Information Act and information maintained in the adjudicatory
23and dispositional record system as defined in Section 2605-355
24of the Illinois State Police Law if the Department determines
25the information is necessary to perform its duties under the
26Abused and Neglected Child Reporting Act, the Child Care Act



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1of 1969, and the Children and Family Services Act. The
2Department shall provide for interactive computerized
3communication and processing equipment that permits direct
4on-line communication with the Illinois State Police's central
5criminal history data repository. The Department shall comply
6with all certification requirements and provide certified
7operators who have been trained by personnel from the Illinois
8State Police. In addition, one Office of the Inspector General
9investigator shall have training in the use of the criminal
10history information access system and have access to the
11terminal. The Department of Children and Family Services and
12its employees shall abide by rules and regulations established
13by the Illinois State Police relating to the access and
14dissemination of this information.
15    (v-1) Prior to final approval for placement of a child,
16the Department shall conduct a criminal records background
17check of the prospective foster or adoptive parent, including
18fingerprint-based checks of national crime information
19databases. Final approval for placement shall not be granted
20if the record check reveals a felony conviction for child
21abuse or neglect, for spousal abuse, for a crime against
22children, or for a crime involving violence, including rape,
23sexual assault, or homicide, but not including other physical
24assault or battery, or if there is a felony conviction for
25physical assault, battery, or a drug-related offense committed
26within the past 5 years.



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1    (v-2) Prior to final approval for placement of a child,
2the Department shall check its child abuse and neglect
3registry for information concerning prospective foster and
4adoptive parents, and any adult living in the home. If any
5prospective foster or adoptive parent or other adult living in
6the home has resided in another state in the preceding 5 years,
7the Department shall request a check of that other state's
8child abuse and neglect registry.
9    (w) Within 120 days of August 20, 1995 (the effective date
10of Public Act 89-392), the Department shall prepare and submit
11to the Governor and the General Assembly, a written plan for
12the development of in-state licensed secure child care
13facilities that care for children who are in need of secure
14living arrangements for their health, safety, and well-being.
15For purposes of this subsection, secure care facility shall
16mean a facility that is designed and operated to ensure that
17all entrances and exits from the facility, a building or a
18distinct part of the building, are under the exclusive control
19of the staff of the facility, whether or not the child has the
20freedom of movement within the perimeter of the facility,
21building, or distinct part of the building. The plan shall
22include descriptions of the types of facilities that are
23needed in Illinois; the cost of developing these secure care
24facilities; the estimated number of placements; the potential
25cost savings resulting from the movement of children currently
26out-of-state who are projected to be returned to Illinois; the



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1necessary geographic distribution of these facilities in
2Illinois; and a proposed timetable for development of such
4    (x) The Department shall conduct annual credit history
5checks to determine the financial history of children placed
6under its guardianship pursuant to the Juvenile Court Act of
71987. The Department shall conduct such credit checks starting
8when a youth in care turns 12 years old and each year
9thereafter for the duration of the guardianship as terminated
10pursuant to the Juvenile Court Act of 1987. The Department
11shall determine if financial exploitation of the child's
12personal information has occurred. If financial exploitation
13appears to have taken place or is presently ongoing, the
14Department shall notify the proper law enforcement agency, the
15proper State's Attorney, or the Attorney General.
16    (y) Beginning on July 22, 2010 (the effective date of
17Public Act 96-1189), a child with a disability who receives
18residential and educational services from the Department shall
19be eligible to receive transition services in accordance with
20Article 14 of the School Code from the age of 14.5 through age
2121, inclusive, notwithstanding the child's residential
22services arrangement. For purposes of this subsection, "child
23with a disability" means a child with a disability as defined
24by the federal Individuals with Disabilities Education
25Improvement Act of 2004.
26    (z) The Department shall access criminal history record



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



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1        (ii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Illinois State Police's Sex Offender Database, as
4    authorized by Section 120 of the Sex Offender Community
5    Notification Law, concerning a Department employee or
6    Department applicant.
7        (iii) Information obtained by the Department of
8    Children and Family Services after performing a check of
9    the Child Abuse and Neglect Tracking System (CANTS)
10    operated and maintained by the Department.
11    "Department employee" means a full-time or temporary
12employee coded or certified within the State of Illinois
13Personnel System.
14    "Department applicant" means an individual who has
15conditional Department full-time or part-time work, a
16contractor, an individual used to replace or supplement staff,
17an academic intern, a volunteer in Department offices or on
18Department contracts, a work-study student, an individual or
19entity licensed by the Department, or an unlicensed service
20provider who works as a condition of a contract or an agreement
21and whose work may bring the unlicensed service provider into
22contact with Department clients or client records.
23(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
24101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
258-20-21; 102-1014, eff. 5-27-22.)



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1    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
2    Sec. 17. Youth and Community Services Program. The
3Department of Human Services shall develop a State program for
4youth and community services which will assure that youth who
5come into contact or may come into contact with either the
6child welfare system or the juvenile the child welfare and the
7juvenile justice system systems will have access to needed
8community, prevention, diversion, emergency and independent
9living services. The term "youth" means a person under the age
10of 19 years. The term "homeless youth" means a youth who cannot
11be reunited with his or her family and is not in a safe and
12stable living situation. This Section shall not be construed
13to require the Department of Human Services to provide
14services under this Section to any homeless youth who is at
15least 18 years of age but is younger than 19 years of age;
16however, the Department may, in its discretion, provide
17services under this Section to any such homeless youth.
18    (a) The goals of the program shall be to:
19        (1) maintain children and youths in their own
20    community;
21        (2) eliminate unnecessary categorical funding of
22    programs by funding more comprehensive and integrated
23    programs;
24        (3) encourage local volunteers and voluntary
25    associations in developing programs aimed at preventing
26    and controlling juvenile delinquency;



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



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



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1        emergency placement shelters provided under the
2        Comprehensive Community-Based Youth Services program.
3        Temporary emergency placement shelters shall be
4        managed by Comprehensive Community-Based Youth
5        Services provider organizations and shall be available
6        to house youth receiving interim 24/7 crisis
7        intervention services as defined by the Juvenile Court
8        Act of 1987 and the Comprehensive Community-Based
9        Youth Services program grant and the Department, and
10        shall provide access to clinical supports for youth
11        while staying at the shelter.
12            (C) Comprehensive Community-Based Youth Services
13        organizations shall retain the sole authority to place
14        youth in host homes and temporary emergency placement
15        shelters provided under the Comprehensive
16        Community-Based Youth Services program.
17            (D) Crisis youth, as defined by the Children's
18        Behavioral Health Transformation Team, shall be
19        prioritized in temporary emergency placements.
20            (E) Additional placement options may be authorized
21        for crisis and non-crisis program youth with the
22        permission of the youth's parent or legal guardian.
23            (F) While in a temporary emergency placement, the
24        organization shall work with the parent, guardian, or
25        custodian to effectuate the youth's return home or to
26        an alternative long-term living arrangement. As



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1        necessary, the agency or association shall also work
2        with the youth's local school district, the
3        Department, the Department of Human Services, the
4        Department of Healthcare and Family Services, and the
5        Department of Juvenile Justice to identify immediate
6        and long-term services, treatment, or placement.
7    Nothing in this Section shall be construed or applied in a
8manner that would conflict with, diminish, or infringe upon,
9any State agency's obligation to comply fully with
10requirements imposed under a court order or State or federal
11consent decree applicable to that agency.
12(Source: P.A. 89-507, eff. 7-1-97.)
13    Section 17. The Mental Health and Developmental
14Disabilities Administrative Act is amended by adding Section
1511.4 as follows:
16    (20 ILCS 1705/11.4 new)
17    Sec. 11.4. Care portal for families with children who have
18complex behavioral health needs. The Department shall
19establish and maintain a public-facing Care Portal to serve as
20a centralized resource for families with children who have
21significant and complex behavioral health needs. The Care
22Portal shall streamline the process of directing families and
23guardians to the appropriate level and type of care for their
24children. In consultation with the Children's Behavioral



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1Health Transformation Officer, the Department shall develop
2specifications for the Care Portal that ensure automatic
3service eligibility matching, transparent data sharing,
4regular reporting, and appropriate staffing, among other
5items. The Department shall, in coordination with the
6Departments of Children and Family Services, Healthcare and
7Family Services, Juvenile Justice, and Public Health as well
8as the State Board of Education, develop training and
9communication for school districts, hospital social workers,
10and system partners to demonstrate how individuals can assist
11a family seeking youth behavioral health services and how to
12access the Care Portal. Such training must include information
13on the applicable federal and State law for the determination
14of the need for residential placements for educational
15purposes by individualized education program (IEP) teams.
16Procedures for use of the Care Portal must not prohibit or
17limit residential facilities from accepting students placed by
18school districts for educational purposes as determined by the
19IEP team.
20    Section 20. The School Code is amended by changing
21Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
222-3.196 as follows:
23    (105 ILCS 5/2-3.163)
24    Sec. 2-3.163. Prioritization of Urgency of Need for



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



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1    (b) The State Board of Education may work with school
2districts to inform all students with developmental
3disabilities and their parents or guardians about the
4Prioritization of Urgency of Need for Services database.
5    (c) Subject to appropriation, the Department of Human
6Services and State Board of Education shall develop and
7implement an online, computer-based training program for at
8least one designated employee in every public school in this
9State to educate him or her about the Prioritization of
10Urgency of Need for Services database and steps to be taken to
11ensure children and adolescents are enrolled. The training
12shall include instruction for at least one designated employee
13in every public school in contacting the appropriate
14developmental disabilities Independent Service Coordination
15agency to enroll children and adolescents in the database. At
16least one designated employee in every public school shall
17ensure the opportunity to enroll in the Prioritization of
18Urgency of Need for Services database is discussed during
19annual individualized education program (IEP) meetings for all
20children and adolescents believed to have a developmental
22    (d) The State Board of Education, in consultation with the
23Department of Human Services, through school districts, shall
24provide to parents and guardians of students a copy of the
25Department of Human Services's guide titled "Understanding
26PUNS: A Guide to Prioritization for Urgency of Need for



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1Services" each year at the annual review meeting for the
2student's individualized education program, including the
3consideration required in subsection (e) of this Section.
4    (e) The Department of Human Services shall consider the
5length of time spent on the Prioritization of Urgency of Need
6for Services waiting list, in addition to other factors
7considered, when selecting individuals on the list for
9    (f) Subject to appropriation, the Department of Human
10Services shall expand its selection of individuals from the
11Prioritization of Urgency of Need for Services database to
12include individuals who receive services through the Children
13and Young Adults with Developmental Disabilities - Support
15(Source: P.A. 102-57, eff. 7-9-21.)
16    (105 ILCS 5/2-3.196 new)
17    Sec. 2-3.196. Mental health screenings. On or before
18December 15, 2023, the State Board of Education, in
19consultation with the Children's Behavioral Health
20Transformation Officer, Children's Behavioral Health
21Transformation Team, and the Office of the Governor, shall
22file a report with the Governor and the General Assembly that
23includes recommendations for implementation of mental health
24screenings in schools for students enrolled in kindergarten
25through grade 12. This report must include a landscape scan of



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



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1school or special education facility, public out-of-state
2school or county special education facility, or $4,500 per
3year, whichever is less, and shall provide him any necessary
4transportation. "Nonpublic special education facility" shall
5include a residential facility, within or without the State of
6Illinois, which provides special education and related
7services to meet the needs of the child by utilizing private
8schools or public schools, whether located on the site or off
9the site of the residential facility. Resident district
10financial responsibility and reimbursement applies for both
11nonpublic special education facilities that are approved by
12the State Board of Education pursuant to 23 Ill. Adm. Code 401
13or other applicable laws or rules and for emergency placements
14in nonpublic special education facilities that are not
15approved by the State Board of Education pursuant to 23 Ill.
16Adm. Code 401 or other applicable laws or rules, subject to the
17requirements of this Section.
18    (c) Prior to the placement of a child in an out-of-state
19special education residential facility, the school district
20must refer to the child or the child's parent or guardian the
21option to place the child in a special education residential
22facility located within this State, if any, that provides
23treatment and services comparable to those provided by the
24out-of-state special education residential facility. The
25school district must review annually the placement of a child
26in an out-of-state special education residential facility. As



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1a part of the review, the school district must refer to the
2child or the child's parent or guardian the option to place the
3child in a comparable special education residential facility
4located within this State, if any.
5    (c-5) Before a provider that operates a nonpublic special
6education facility terminates a student's placement in that
7facility, the provider must request an IEP meeting from the
8contracting school district. If the provider elects to
9terminate the student's placement following the IEP meeting,
10the provider must give written notice to this effect to the
11parent or guardian, the contracting public school district,
12and the State Board of Education no later than 20 business days
13before the date of termination, unless the health and safety
14of any student are endangered. The notice must include the
15detailed reasons for the termination and any actions taken to
16address the reason for the termination.
17    (d) Payments shall be made by the resident school district
18to the entity providing the educational services, whether the
19entity is the nonpublic special education facility or the
20school district wherein the facility is located, no less than
21once per quarter, unless otherwise agreed to in writing by the
23    (e) A school district may place a student in a nonpublic
24special education facility providing educational services, but
25not approved by the State Board of Education pursuant to 23
26Ill. Adm. Code 401 or other applicable laws or rules, provided



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1that the State Board of Education provides an emergency and
2student-specific approval for placement. The State Board of
3Education shall promptly, within 10 days after the request,
4approve a request for emergency and student-specific approval
5for placement if the following have been demonstrated to the
6State Board of Education:
7        (1) the facility demonstrates appropriate licensure of
8    teachers for the student population;
9        (2) the facility demonstrates age-appropriate
10    curriculum;
11        (3) the facility provides enrollment and attendance
12    data;
13        (4) the facility demonstrates the ability to implement
14    the child's IEP; and
15        (5) the school district demonstrates that it made good
16    faith efforts to place the student in an approved
17    facility, but no approved facility has accepted the
18    student or has availability for immediate placement of the
19    student.
20A resident school district may also submit such proof to the
21State Board of Education as may be required for its student.
22The State Board of Education may not unreasonably withhold
23approval once satisfactory proof is provided to the State
25    (f) If an impartial due process hearing officer who is
26contracted by the State Board of Education pursuant to this



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1Article orders placement of a student with a disability in a
2residential facility that is not approved by the State Board
3of Education, then, for purposes of this Section, the facility
4shall be deemed approved for placement and school district
5payments and State reimbursements shall be made accordingly.
6    (g) Emergency placement in a facility approved pursuant to
7subsection (e) or (f) may continue to be utilized so long as
8(i) the student's IEP team determines annually that such
9placement continues to be appropriate to meet the student's
10needs and (ii) at least every 3 years following the student's
11placement, the IEP team reviews appropriate placements
12approved by the State Board of Education pursuant to 23 Ill.
13Adm. Code 401 or other applicable laws or rules to determine
14whether there are any approved placements that can meet the
15student's needs, have accepted the student, and have
16availability for placement of the student.
17    (h) The State Board of Education shall promulgate rules
18and regulations for determining when placement in a private
19special education facility is appropriate. Such rules and
20regulations shall take into account the various types of
21services needed by a child and the availability of such
22services to the particular child in the public school. In
23developing these rules and regulations the State Board of
24Education shall consult with the Advisory Council on Education
25of Children with Disabilities and hold public hearings to
26secure recommendations from parents, school personnel, and



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1others concerned about this matter.
2    The State Board of Education shall also promulgate rules
3and regulations for transportation to and from a residential
4school. Transportation to and from home to a residential
5school more than once each school term shall be subject to
6prior approval by the State Superintendent in accordance with
7the rules and regulations of the State Board.
8    (i) A school district making tuition payments pursuant to
9this Section is eligible for reimbursement from the State for
10the amount of such payments actually made in excess of the
11district per capita tuition charge for students not receiving
12special education services. Such reimbursement shall be
13approved in accordance with Section 14-12.01 and each district
14shall file its claims, computed in accordance with rules
15prescribed by the State Board of Education, on forms
16prescribed by the State Superintendent of Education. Data used
17as a basis of reimbursement claims shall be for the preceding
18regular school term and summer school term. Each school
19district shall transmit its claims to the State Board of
20Education on or before August 15. The State Board of
21Education, before approving any such claims, shall determine
22their accuracy and whether they are based upon services and
23facilities provided under approved programs. Upon approval the
24State Board shall cause vouchers to be prepared showing the
25amount due for payment of reimbursement claims to school
26districts, for transmittal to the State Comptroller on the



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130th day of September, December, and March, respectively, and
2the final voucher, no later than June 20. If the money
3appropriated by the General Assembly for such purpose for any
4year is insufficient, it shall be apportioned on the basis of
5the claims approved.
6    (j) No child shall be placed in a special education
7program pursuant to this Section if the tuition cost for
8special education and related services increases more than 10
9percent over the tuition cost for the previous school year or
10exceeds $4,500 per year unless such costs have been approved
11by the Illinois Purchased Care Review Board. The Illinois
12Purchased Care Review Board shall consist of the following
13persons, or their designees: the Directors of Children and
14Family Services, Public Health, Public Aid, and the Governor's
15Office of Management and Budget; the Secretary of Human
16Services; the State Superintendent of Education; and such
17other persons as the Governor may designate. The Review Board
18shall also consist of one non-voting member who is an
19administrator of a private, nonpublic, special education
20school. The Review Board shall establish rules and regulations
21for its determination of allowable costs and payments made by
22local school districts for special education, room and board,
23and other related services provided by non-public schools or
24special education facilities and shall establish uniform
25standards and criteria which it shall follow. The Review Board
26shall approve the usual and customary rate or rates of a



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1special education program that (i) is offered by an
2out-of-state, non-public provider of integrated autism
3specific educational and autism specific residential services,
4(ii) offers 2 or more levels of residential care, including at
5least one locked facility, and (iii) serves 12 or fewer
6Illinois students.
7    (k) In determining rates based on allowable costs, the
8Review Board shall consider any wage increases awarded by the
9General Assembly to front line personnel defined as direct
10support persons, aides, front-line supervisors, qualified
11intellectual disabilities professionals, nurses, and
12non-administrative support staff working in service settings
13in community-based settings within the State and adjust
14customary rates or rates of a special education program to be
15equitable to the wage increase awarded to similar staff
16positions in a community residential setting. Any wage
17increase awarded by the General Assembly to front line
18personnel defined as direct support persons, aides, front-line
19supervisors, qualified intellectual disabilities
20professionals, nurses, and non-administrative support staff
21working in community-based settings within the State,
22including the $0.75 per hour increase contained in Public Act
23100-23 and the $0.50 per hour increase included in Public Act
24100-23, shall also be a basis for any facility covered by this
25Section to appeal its rate before the Review Board under the
26process defined in Title 89, Part 900, Section 340 of the



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1Illinois Administrative Code. Illinois Administrative Code
2Title 89, Part 900, Section 342 shall be updated to recognize
3wage increases awarded to community-based settings to be a
4basis for appeal. However, any wage increase that is captured
5upon appeal from a previous year shall not be counted by the
6Review Board as revenue for the purpose of calculating a
7facility's future rate.
8    (l) Any definition used by the Review Board in
9administrative rule or policy to define "related
10organizations" shall include any and all exceptions contained
11in federal law or regulation as it pertains to the federal
12definition of "related organizations".
13    (m) The Review Board shall establish uniform definitions
14and criteria for accounting separately by special education,
15room and board and other related services costs. The Board
16shall also establish guidelines for the coordination of
17services and financial assistance provided by all State
18agencies to assure that no otherwise qualified child with a
19disability receiving services under Article 14 shall be
20excluded from participation in, be denied the benefits of or
21be subjected to discrimination under any program or activity
22provided by any State agency.
23    (n) The Review Board shall review the costs for special
24education and related services provided by non-public schools
25or special education facilities and shall approve or
26disapprove such facilities in accordance with the rules and



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1regulations established by it with respect to allowable costs.
2    (o) The State Board of Education shall provide
3administrative and staff support for the Review Board as
4deemed reasonable by the State Superintendent of Education.
5This support shall not include travel expenses or other
6compensation for any Review Board member other than the State
7Superintendent of Education.
8    (p) The Review Board shall seek the advice of the Advisory
9Council on Education of Children with Disabilities on the
10rules and regulations to be promulgated by it relative to
11providing special education services.
12    (q) If a child has been placed in a program in which the
13actual per pupil costs of tuition for special education and
14related services based on program enrollment, excluding room,
15board and transportation costs, exceed $4,500 and such costs
16have been approved by the Review Board, the district shall pay
17such total costs which exceed $4,500. A district making such
18tuition payments in excess of $4,500 pursuant to this Section
19shall be responsible for an amount in excess of $4,500 equal to
20the district per capita tuition charge and shall be eligible
21for reimbursement from the State for the amount of such
22payments actually made in excess of the districts per capita
23tuition charge for students not receiving special education
25    (r) If a child has been placed in an approved individual
26program and the tuition costs including room and board costs



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1have been approved by the Review Board, then such room and
2board costs shall be paid by the appropriate State agency
3subject to the provisions of Section 14-8.01 of this Act. Room
4and board costs not provided by a State agency other than the
5State Board of Education shall be provided by the State Board
6of Education on a current basis. In no event, however, shall
7the State's liability for funding of these tuition costs begin
8until after the legal obligations of third party payors have
9been subtracted from such costs. If the money appropriated by
10the General Assembly for such purpose for any year is
11insufficient, it shall be apportioned on the basis of the
12claims approved. Each district shall submit estimated claims
13to the State Superintendent of Education. Upon approval of
14such claims, the State Superintendent of Education shall
15direct the State Comptroller to make payments on a monthly
16basis. The frequency for submitting estimated claims and the
17method of determining payment shall be prescribed in rules and
18regulations adopted by the State Board of Education. Such
19current state reimbursement shall be reduced by an amount
20equal to the proceeds which the child or child's parents are
21eligible to receive under any public or private insurance or
22assistance program. Nothing in this Section shall be construed
23as relieving an insurer or similar third party from an
24otherwise valid obligation to provide or to pay for services
25provided to a child with a disability.
26    (s) If it otherwise qualifies, a school district is



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1eligible for the transportation reimbursement under Section
214-13.01 and for the reimbursement of tuition payments under
3this Section whether the non-public school or special
4education facility, public out-of-state school or county
5special education facility, attended by a child who resides in
6that district and requires special educational services, is
7within or outside of the State of Illinois. However, a
8district is not eligible to claim transportation reimbursement
9under this Section unless the district certifies to the State
10Superintendent of Education that the district is unable to
11provide special educational services required by the child for
12the current school year.
13    (t) Nothing in this Section authorizes the reimbursement
14of a school district for the amount paid for tuition of a child
15attending a non-public school or special education facility,
16public out-of-state school or county special education
17facility unless the school district certifies to the State
18Superintendent of Education that the special education program
19of that district is unable to meet the needs of that child
20because of his disability and the State Superintendent of
21Education finds that the school district is in substantial
22compliance with Section 14-4.01. However, if a child is
23unilaterally placed by a State agency or any court in a
24non-public school or special education facility, public
25out-of-state school, or county special education facility, a
26school district shall not be required to certify to the State



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1Superintendent of Education, for the purpose of tuition
2reimbursement, that the special education program of that
3district is unable to meet the needs of a child because of his
4or her disability.
5    (u) Any educational or related services provided, pursuant
6to this Section in a non-public school or special education
7facility or a special education facility owned and operated by
8a county government unit shall be at no cost to the parent or
9guardian of the child. However, current law and practices
10relative to contributions by parents or guardians for costs
11other than educational or related services are not affected by
12this amendatory Act of 1978.
13    (v) Reimbursement for children attending public school
14residential facilities shall be made in accordance with the
15provisions of this Section.
16    (w) Notwithstanding any other provision of law, any school
17district receiving a payment under this Section or under
18Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
19all or a portion of the funds that it receives in a particular
20fiscal year or from general State aid pursuant to Section
2118-8.05 of this Code as funds received in connection with any
22funding program for which it is entitled to receive funds from
23the State in that fiscal year (including, without limitation,
24any funding program referenced in this Section), regardless of
25the source or timing of the receipt. The district may not
26classify more funds as funds received in connection with the



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1funding program than the district is entitled to receive in
2that fiscal year for that program. Any classification by a
3district must be made by a resolution of its board of
4education. The resolution must identify the amount of any
5payments or general State aid to be classified under this
6paragraph and must specify the funding program to which the
7funds are to be treated as received in connection therewith.
8This resolution is controlling as to the classification of
9funds referenced therein. A certified copy of the resolution
10must be sent to the State Superintendent of Education. The
11resolution shall still take effect even though a copy of the
12resolution has not been sent to the State Superintendent of
13Education in a timely manner. No classification under this
14paragraph by a district shall affect the total amount or
15timing of money the district is entitled to receive under this
16Code. No classification under this paragraph by a district
17shall in any way relieve the district from or affect any
18requirements that otherwise would apply with respect to that
19funding program, including any accounting of funds by source,
20reporting expenditures by original source and purpose,
21reporting requirements, or requirements of providing services.
22(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
23102-703, eff. 4-22-22.)
24    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
25    Sec. 14-15.01. Community and Residential Services



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2    (a) (1) The Community and Residential Services Authority
3is hereby created and shall consist of the following members:
4    A representative of the State Board of Education;
5    Four representatives of the Department of Human Services
6appointed by the Secretary of Human Services, with one member
7from the Division of Community Health and Prevention, one
8member from the Division of Developmental Disabilities, one
9member from the Division of Mental Health, and one member from
10the Division of Rehabilitation Services;
11    A representative of the Department of Children and Family
13    A representative of the Department of Juvenile Justice;
14    A representative of the Department of Healthcare and
15Family Services;
16    A representative of the Attorney General's Disability
17Rights Advocacy Division;
18    The Chairperson and Minority Spokesperson of the House and
19Senate Committees on Elementary and Secondary Education or
20their designees; and
21    Six persons appointed by the Governor. Five of such
22appointees shall be experienced or knowledgeable relative to
23provision of services for individuals with a behavior disorder
24or a severe emotional disturbance and shall include
25representatives of both the private and public sectors, except
26that no more than 2 of those 5 appointees may be from the



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1public sector and at least 2 must be or have been directly
2involved in provision of services to such individuals. The
3remaining member appointed by the Governor shall be or shall
4have been a parent of an individual with a behavior disorder or
5a severe emotional disturbance, and that appointee may be from
6either the private or the public sector.
7    (2) Members appointed by the Governor shall be appointed
8for terms of 4 years and shall continue to serve until their
9respective successors are appointed; provided that the terms
10of the original appointees shall expire on August 1, 1990. Any
11vacancy in the office of a member appointed by the Governor
12shall be filled by appointment of the Governor for the
13remainder of the term.
14    A vacancy in the office of a member appointed by the
15Governor exists when one or more of the following events
17        (i) An appointee dies;
18        (ii) An appointee files a written resignation with the
19    Governor;
20        (iii) An appointee ceases to be a legal resident of
21    the State of Illinois; or
22        (iv) An appointee fails to attend a majority of
23    regularly scheduled Authority meetings in a fiscal year.
24    Members who are representatives of an agency shall serve
25at the will of the agency head. Membership on the Authority
26shall cease immediately upon cessation of their affiliation



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



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



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1    Education a master plan for individuals under 22 years of
2    age with a behavior disorder or a severe emotional
3    disturbance, including detailed plans of service ranging
4    from the least to the most restrictive options; and to
5    assist local communities, upon request, in developing or
6    strengthening collaborative interagency networks.
7        (6) (Blank). To develop a process for making
8    determinations in situations where there is a dispute
9    relative to a plan of service for individuals or funding
10    for a plan of service.
11        (7) (Blank). To provide technical assistance to
12    parents, service consumers, providers, and member agency
13    personnel regarding statutory responsibilities of human
14    service and educational agencies, and to provide such
15    assistance as deemed necessary to appropriately access
16    needed services.
17        (8) (Blank). To establish a pilot program to act as a
18    residential research hub to research and identify
19    appropriate residential settings for youth who are being
20    housed in an emergency room for more than 72 hours or who
21    are deemed beyond medical necessity in a psychiatric
22    hospital. If a child is deemed beyond medical necessity in
23    a psychiatric hospital and is in need of residential
24    placement, the goal of the program is to prevent a
25    lock-out pursuant to the goals of the Custody
26    Relinquishment Prevention Act.



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1    (c) (1) The members of the Authority shall receive no
2compensation for their services but shall be entitled to
3reimbursement of reasonable expenses incurred while performing
4their duties.
5    (2) The Authority may appoint special study groups to
6operate under the direction of the Authority and persons
7appointed to such groups shall receive only reimbursement of
8reasonable expenses incurred in the performance of their
10    (3) The Authority shall elect from its membership a
11chairperson, vice-chairperson and secretary.
12    (4) The Authority may employ and fix the compensation of
13such employees and technical assistants as it deems necessary
14to carry out its powers and duties under this Act. Staff
15assistance for the Authority shall be provided by the State
16Board of Education.
17    (5) Funds for the ordinary and contingent expenses of the
18Authority shall be appropriated to the State Board of
19Education in a separate line item.
20    (d) (1) The Authority shall have power to promulgate rules
21and regulations to carry out its powers and duties under this
23    (2) The Authority may accept monetary gifts or grants from
24the federal government or any agency thereof, from any
25charitable foundation or professional association or from any
26other reputable source for implementation of any program



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



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



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



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



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1        (6) The MCO's financial responsibility for
2    post-stabilization care services it has not pre-approved
3    ends when:
4            (A) a plan physician with privileges at the
5        treating hospital assumes responsibility for the
6        enrollee's care;
7            (B) a plan physician assumes responsibility for
8        the enrollee's care through transfer;
9            (C) a contracting entity representative and the
10        treating physician reach an agreement concerning the
11        enrollee's care; or
12            (D) the enrollee is discharged.
13    (f) Network adequacy and transparency.
14        (1) The Department shall:
15            (A) ensure that an adequate provider network is in
16        place, taking into consideration health professional
17        shortage areas and medically underserved areas;
18            (B) publicly release an explanation of its process
19        for analyzing network adequacy;
20            (C) periodically ensure that an MCO continues to
21        have an adequate network in place;
22            (D) require MCOs, including Medicaid Managed Care
23        Entities as defined in Section 5-30.2, to meet
24        provider directory requirements under Section 5-30.3;
25            (E) require MCOs to ensure that any
26        Medicaid-certified provider under contract with an MCO



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



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



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1    frequently as the providers are paid under the
2    Department's fee-for-service expedited provider schedule.
3        (B) Compliance with the expedited provider requirement
4    may be satisfied by an MCO through the use of a Periodic
5    Interim Payment (PIP) program that has been mutually
6    agreed to and documented between the MCO and the provider,
7    if the PIP program ensures that any expedited provider
8    receives regular and periodic payments based on prior
9    period payment experience from that MCO. Total payments
10    under the PIP program may be reconciled against future PIP
11    payments on a schedule mutually agreed to between the MCO
12    and the provider.
13        (C) The Department shall share at least monthly its
14    expedited provider list and the frequency with which it
15    pays providers on the expedited list.
16    (g-5) Recognizing that the rapid transformation of the
17Illinois Medicaid program may have unintended operational
18challenges for both payers and providers:
19        (1) in no instance shall a medically necessary covered
20    service rendered in good faith, based upon eligibility
21    information documented by the provider, be denied coverage
22    or diminished in payment amount if the eligibility or
23    coverage information available at the time the service was
24    rendered is later found to be inaccurate in the assignment
25    of coverage responsibility between MCOs or the
26    fee-for-service system, except for instances when an



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1    individual is deemed to have not been eligible for
2    coverage under the Illinois Medicaid program; and
3        (2) the Department shall, by December 31, 2016, adopt
4    rules establishing policies that shall be included in the
5    Medicaid managed care policy and procedures manual
6    addressing payment resolutions in situations in which a
7    provider renders services based upon information obtained
8    after verifying a patient's eligibility and coverage plan
9    through either the Department's current enrollment system
10    or a system operated by the coverage plan identified by
11    the patient presenting for services:
12            (A) such medically necessary covered services
13        shall be considered rendered in good faith;
14            (B) such policies and procedures shall be
15        developed in consultation with industry
16        representatives of the Medicaid managed care health
17        plans and representatives of provider associations
18        representing the majority of providers within the
19        identified provider industry; and
20            (C) such rules shall be published for a review and
21        comment period of no less than 30 days on the
22        Department's website with final rules remaining
23        available on the Department's website.
24        The rules on payment resolutions shall include, but
25    not be limited to:
26            (A) the extension of the timely filing period;



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1            (B) retroactive prior authorizations; and
2            (C) guaranteed minimum payment rate of no less
3        than the current, as of the date of service,
4        fee-for-service rate, plus all applicable add-ons,
5        when the resulting service relationship is out of
6        network.
7        The rules shall be applicable for both MCO coverage
8    and fee-for-service coverage.
9    If the fee-for-service system is ultimately determined to
10have been responsible for coverage on the date of service, the
11Department shall provide for an extended period for claims
12submission outside the standard timely filing requirements.
13    (g-6) MCO Performance Metrics Report.
14        (1) The Department shall publish, on at least a
15    quarterly basis, each MCO's operational performance,
16    including, but not limited to, the following categories of
17    metrics:
18            (A) claims payment, including timeliness and
19        accuracy;
20            (B) prior authorizations;
21            (C) grievance and appeals;
22            (D) utilization statistics;
23            (E) provider disputes;
24            (F) provider credentialing; and
25            (G) member and provider customer service.
26        (2) The Department shall ensure that the metrics



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1    report is accessible to providers online by January 1,
2    2017.
3        (3) The metrics shall be developed in consultation
4    with industry representatives of the Medicaid managed care
5    health plans and representatives of associations
6    representing the majority of providers within the
7    identified industry.
8        (4) Metrics shall be defined and incorporated into the
9    applicable Managed Care Policy Manual issued by the
10    Department.
11    (g-7) MCO claims processing and performance analysis. In
12order to monitor MCO payments to hospital providers, pursuant
13to Public Act 100-580, the Department shall post an analysis
14of MCO claims processing and payment performance on its
15website every 6 months. Such analysis shall include a review
16and evaluation of a representative sample of hospital claims
17that are rejected and denied for clean and unclean claims and
18the top 5 reasons for such actions and timeliness of claims
19adjudication, which identifies the percentage of claims
20adjudicated within 30, 60, 90, and over 90 days, and the dollar
21amounts associated with those claims.
22    (g-8) Dispute resolution process. The Department shall
23maintain a provider complaint portal through which a provider
24can submit to the Department unresolved disputes with an MCO.
25An unresolved dispute means an MCO's decision that denies in
26whole or in part a claim for reimbursement to a provider for



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



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



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



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1MCOs to update their provider directory with information for
2new practitioners of existing contracted providers within 30
3days of receipt of a complete and accurate standardized roster
4template in the format approved by the Department provided
5that the provider is effective in the Department's provider
6enrollment subsystem within the IMPACT system. Such provider
7directory shall be readily accessible for purposes of
8selecting an approved health care provider and comply with all
9other federal and State requirements.
10    (g-11) The Department shall work with relevant
11stakeholders on the development of operational guidelines to
12enhance and improve operational performance of Illinois'
13Medicaid managed care program, including, but not limited to,
14improving provider billing practices, reducing claim
15rejections and inappropriate payment denials, and
16standardizing processes, procedures, definitions, and response
17timelines, with the goal of reducing provider and MCO
18administrative burdens and conflict. The Department shall
19include a report on the progress of these program improvements
20and other topics in its Fiscal Year 2020 annual report to the
21General Assembly.
22    (g-12) Notwithstanding any other provision of law, if the
23Department or an MCO requires submission of a claim for
24payment in a non-electronic format, a provider shall always be
25afforded a period of no less than 90 business days, as a
26correction period, following any notification of rejection by



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1either the Department or the MCO to correct errors or
2omissions in the original submission.
3    Under no circumstances, either by an MCO or under the
4State's fee-for-service system, shall a provider be denied
5payment for failure to comply with any timely submission
6requirements under this Code or under any existing contract,
7unless the non-electronic format claim submission occurs after
8the initial 180 days following the latest date of service on
9the claim, or after the 90 business days correction period
10following notification to the provider of rejection or denial
11of payment.
12    (h) The Department shall not expand mandatory MCO
13enrollment into new counties beyond those counties already
14designated by the Department as of June 1, 2014 for the
15individuals whose eligibility for medical assistance is not
16the seniors or people with disabilities population until the
17Department provides an opportunity for accountable care
18entities and MCOs to participate in such newly designated
20    (h-5) Leading indicator data sharing. By January 1, 2024,
21the Department shall obtain input from the Department of Human
22Services, the Department of Juvenile Justice, the Department
23of Children and Family Services, the State Board of Education,
24managed care organizations, providers, and clinical experts to
25identify and analyze key indicators from assessments and data
26sets available to the Department that can be shared with



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1managed care organizations and similar care coordination
2entities contracted with the Department as leading indicators
3for elevated behavioral health crisis risk for children. To
4the extent permitted by State and federal law, the identified
5leading indicators shall be shared with managed care
6organizations and similar care coordination entities
7contracted with the Department within 6 months of
8identification for the purpose of improving care coordination
9with the early detection of elevated risk. Leading indicators
10shall be reassessed annually with stakeholder input.
11    (i) The requirements of this Section apply to contracts
12with accountable care entities and MCOs entered into, amended,
13or renewed after June 16, 2014 (the effective date of Public
14Act 98-651).
15    (j) Health care information released to managed care
16organizations. A health care provider shall release to a
17Medicaid managed care organization, upon request, and subject
18to the Health Insurance Portability and Accountability Act of
191996 and any other law applicable to the release of health
20information, the health care information of the MCO's
21enrollee, if the enrollee has completed and signed a general
22release form that grants to the health care provider
23permission to release the recipient's health care information
24to the recipient's insurance carrier.
25    (k) The Department of Healthcare and Family Services,
26managed care organizations, a statewide organization



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1representing hospitals, and a statewide organization
2representing safety-net hospitals shall explore ways to
3support billing departments in safety-net hospitals.
4    (l) The requirements of this Section added by Public Act
5102-4 shall apply to services provided on or after the first
6day of the month that begins 60 days after April 27, 2021 (the
7effective date of Public Act 102-4).
8(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
9102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
108-20-21; 102-813, eff. 5-13-22.)
11    Section 30. The Juvenile Court Act of 1987 is amended by
12changing Section 3-5 as follows:
13    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
14    Sec. 3-5. Interim crisis intervention services.
15    (a) Any minor who is taken into limited custody, or who
16independently requests or is referred for assistance, may be
17provided crisis intervention services by an agency or
18association, as defined in this Act, provided the association
19or agency staff (i) immediately investigate the circumstances
20of the minor and the facts surrounding the minor being taken
21into custody and promptly explain these facts and
22circumstances to the minor, and (ii) make a reasonable effort
23to inform the minor's parent, guardian or custodian of the
24fact that the minor has been taken into limited custody and



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



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



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



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1shall be immune from any civil or criminal liability resulting
2from such care.
3(Source: P.A. 95-443, eff. 1-1-08.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".