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


Sen. Sara Feigenholtz

Filed: 3/16/2023





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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) Require each agency to identify children who meet
4    any of these criteria:
5            (A) have been clinically approved for residential
6        services through any of their existing programs but
7        have not been admitted to an appropriate program
8        within 120 days of their approval for residential
9        treatment;
10            (B) have been in a hospital emergency department
11        seeking treatment for psychiatric or behavioral health
12        emergency for more than 72 hours;
13            (C) are in a psychiatric or general acute care
14        hospital for in-patient psychiatric treatment beyond
15        medical necessity for over 30 days;
16            (D) who are at risk of being taken into the custody
17        of the Department of Children and Family Services, and
18        are not otherwise abused or neglected as determined by
19        the Department of Children and Family Services, based
20        on their need for behavioral health services; or
21            (E) other circumstances that require enhanced
22        interagency collaboration to find appropriate services
23        for the child.
24        (3) Require each agency to present each identified
25    child's clinical case, to the extent permitted by State
26    and federal law, to the Interagency Children's Behavioral



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



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1            (D) the timeframe it took to find placement or
2        appropriate services; and
3            (E) any other data or information the Interagency
4        Children's Behavioral Health Services Team deems
5        appropriate.
6    Section 15. The Children and Family Services Act is
7amended by changing Sections 5 and 17 as follows:
8    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
9    Sec. 5. Direct child welfare services; Department of
10Children and Family Services. To provide direct child welfare
11services when not available through other public or private
12child care or program facilities.
13    (a) For purposes of this Section:
14        (1) "Children" means persons found within the State
15    who are under the age of 18 years. The term also includes
16    persons under age 21 who:
17            (A) were committed to the Department pursuant to
18        the Juvenile Court Act or the Juvenile Court Act of
19        1987 and who continue under the jurisdiction of the
20        court; or
21            (B) were accepted for care, service and training
22        by the Department prior to the age of 18 and whose best
23        interest in the discretion of the Department would be
24        served by continuing that care, service and training



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1        because of severe emotional disturbances, physical
2        disability, social adjustment or any combination
3        thereof, or because of the need to complete an
4        educational or vocational training program.
5        (2) "Homeless youth" means persons found within the
6    State who are under the age of 19, are not in a safe and
7    stable living situation and cannot be reunited with their
8    families.
9        (3) "Child welfare services" means public social
10    services which are directed toward the accomplishment of
11    the following purposes:
12            (A) protecting and promoting the health, safety
13        and welfare of children, including homeless,
14        dependent, or neglected children;
15            (B) remedying, or assisting in the solution of
16        problems which may result in, the neglect, abuse,
17        exploitation, or delinquency of children;
18            (C) preventing the unnecessary separation of
19        children from their families by identifying family
20        problems, assisting families in resolving their
21        problems, and preventing the breakup of the family
22        where the prevention of child removal is desirable and
23        possible when the child can be cared for at home
24        without endangering the child's health and safety;
25            (D) restoring to their families children who have
26        been removed, by the provision of services to the



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1        child and the families when the child can be cared for
2        at home without endangering the child's health and
3        safety;
4            (E) placing children in suitable adoptive homes,
5        in cases where restoration to the biological family is
6        not safe, possible, or appropriate;
7            (F) assuring safe and adequate care of children
8        away from their homes, in cases where the child cannot
9        be returned home or cannot be placed for adoption. At
10        the time of placement, the Department shall consider
11        concurrent planning, as described in subsection (l-1)
12        of this Section so that permanency may occur at the
13        earliest opportunity. Consideration should be given so
14        that if reunification fails or is delayed, the
15        placement made is the best available placement to
16        provide permanency for the child;
17            (G) (blank);
18            (H) (blank); and
19            (I) placing and maintaining children in facilities
20        that provide separate living quarters for children
21        under the age of 18 and for children 18 years of age
22        and older, unless a child 18 years of age is in the
23        last year of high school education or vocational
24        training, in an approved individual or group treatment
25        program, in a licensed shelter facility, or secure
26        child care facility. The Department is not required to



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1        place or maintain children:
2                (i) who are in a foster home, or
3                (ii) who are persons with a developmental
4            disability, as defined in the Mental Health and
5            Developmental Disabilities Code, or
6                (iii) who are female children who are
7            pregnant, pregnant and parenting, or parenting, or
8                (iv) who are siblings, in facilities that
9            provide separate living quarters for children 18
10            years of age and older and for children under 18
11            years of age.
12    (b) (Blank).
13    (b-5) The Department shall adopt rules to establish a
14process for all licensed residential providers in Illinois to
15submit data as required by the Department, if they contract or
16receive reimbursement for children's mental health, substance
17use, and developmental disability services from the Department
18of Human Services, the Department of Juvenile Justice, or the
19Department of Healthcare and Family Services. The requested
20data must include, but is not limited to, capacity, staffing,
21and occupancy data for the purpose of establishing State need
22and placement availability.
23    (c) The Department shall establish and maintain
24tax-supported child welfare services and extend and seek to
25improve voluntary services throughout the State, to the end
26that services and care shall be available on an equal basis



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1throughout the State to children requiring such services.
2    (d) The Director may authorize advance disbursements for
3any new program initiative to any agency contracting with the
4Department. As a prerequisite for an advance disbursement, the
5contractor must post a surety bond in the amount of the advance
6disbursement and have a purchase of service contract approved
7by the Department. The Department may pay up to 2 months
8operational expenses in advance. The amount of the advance
9disbursement shall be prorated over the life of the contract
10or the remaining months of the fiscal year, whichever is less,
11and the installment amount shall then be deducted from future
12bills. Advance disbursement authorizations for new initiatives
13shall not be made to any agency after that agency has operated
14during 2 consecutive fiscal years. The requirements of this
15Section concerning advance disbursements shall not apply with
16respect to the following: payments to local public agencies
17for child day care services as authorized by Section 5a of this
18Act; and youth service programs receiving grant funds under
19Section 17a-4.
20    (e) (Blank).
21    (f) (Blank).
22    (g) The Department shall establish rules and regulations
23concerning its operation of programs designed to meet the
24goals of child safety and protection, family preservation,
25family reunification, and adoption, including, but not limited



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1        (1) adoption;
2        (2) foster care;
3        (3) family counseling;
4        (4) protective services;
5        (5) (blank);
6        (6) homemaker service;
7        (7) return of runaway children;
8        (8) (blank);
9        (9) placement under Section 5-7 of the Juvenile Court
10    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
11    Court Act of 1987 in accordance with the federal Adoption
12    Assistance and Child Welfare Act of 1980; and
13        (10) interstate services.
14    Rules and regulations established by the Department shall
15include provisions for training Department staff and the staff
16of Department grantees, through contracts with other agencies
17or resources, in screening techniques to identify substance
18use disorders, as defined in the Substance Use Disorder Act,
19approved by the Department of Human Services, as a successor
20to the Department of Alcoholism and Substance Abuse, for the
21purpose of identifying children and adults who should be
22referred for an assessment at an organization appropriately
23licensed by the Department of Human Services for substance use
24disorder treatment.
25    (h) If the Department finds that there is no appropriate
26program or facility within or available to the Department for



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1a youth in care and that no licensed private facility has an
2adequate and appropriate program or none agrees to accept the
3youth in care, the Department shall create an appropriate
4individualized, program-oriented plan for such youth in care.
5The plan may be developed within the Department or through
6purchase of services by the Department to the extent that it is
7within its statutory authority to do.
8    (i) Service programs shall be available throughout the
9State and shall include but not be limited to the following
11        (1) case management;
12        (2) homemakers;
13        (3) counseling;
14        (4) parent education;
15        (5) day care; and
16        (6) emergency assistance and advocacy.
17    In addition, the following services may be made available
18to assess and meet the needs of children and families:
19        (1) comprehensive family-based services;
20        (2) assessments;
21        (3) respite care; and
22        (4) in-home health services.
23    The Department shall provide transportation for any of the
24services it makes available to children or families or for
25which it refers children or families.
26    (j) The Department may provide categories of financial



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1assistance and education assistance grants, and shall
2establish rules and regulations concerning the assistance and
3grants, to persons who adopt children with physical or mental
4disabilities, children who are older, or other hard-to-place
5children who (i) immediately prior to their adoption were
6youth in care or (ii) were determined eligible for financial
7assistance with respect to a prior adoption and who become
8available for adoption because the prior adoption has been
9dissolved and the parental rights of the adoptive parents have
10been terminated or because the child's adoptive parents have
11died. The Department may continue to provide financial
12assistance and education assistance grants for a child who was
13determined eligible for financial assistance under this
14subsection (j) in the interim period beginning when the
15child's adoptive parents died and ending with the finalization
16of the new adoption of the child by another adoptive parent or
17parents. The Department may also provide categories of
18financial assistance and education assistance grants, and
19shall establish rules and regulations for the assistance and
20grants, to persons appointed guardian of the person under
21Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
224-25, or 5-740 of the Juvenile Court Act of 1987 for children
23who were youth in care for 12 months immediately prior to the
24appointment of the guardian.
25    The amount of assistance may vary, depending upon the
26needs of the child and the adoptive parents, as set forth in



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



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1services shall only be offered when doing so will not endanger
2the children's health or safety. With respect to children who
3are in substitute care pursuant to the Juvenile Court Act of
41987, family preservation services shall not be offered if a
5goal other than those of subdivisions (A), (B), or (B-1) of
6subsection (2) of Section 2-28 of that Act has been set, except
7that reunification services may be offered as provided in
8paragraph (F) of subsection (2) of Section 2-28 of that Act.
9Nothing in this paragraph shall be construed to create a
10private right of action or claim on the part of any individual
11or child welfare agency, except that when a child is the
12subject of an action under Article II of the Juvenile Court Act
13of 1987 and the child's service plan calls for services to
14facilitate achievement of the permanency goal, the court
15hearing the action under Article II of the Juvenile Court Act
16of 1987 may order the Department to provide the services set
17out in the plan, if those services are not provided with
18reasonable promptness and if those services are available.
19    The Department shall notify the child and his family of
20the Department's responsibility to offer and provide family
21preservation services as identified in the service plan. The
22child and his family shall be eligible for services as soon as
23the report is determined to be "indicated". The Department may
24offer services to any child or family with respect to whom a
25report of suspected child abuse or neglect has been filed,
26prior to concluding its investigation under Section 7.12 of



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1the Abused and Neglected Child Reporting Act. However, the
2child's or family's willingness to accept services shall not
3be considered in the investigation. The Department may also
4provide services to any child or family who is the subject of
5any report of suspected child abuse or neglect or may refer
6such child or family to services available from other agencies
7in the community, even if the report is determined to be
8unfounded, if the conditions in the child's or family's home
9are reasonably likely to subject the child or family to future
10reports of suspected child abuse or neglect. Acceptance of
11such services shall be voluntary. The Department may also
12provide services to any child or family after completion of a
13family assessment, as an alternative to an investigation, as
14provided under the "differential response program" provided
15for in subsection (a-5) of Section 7.4 of the Abused and
16Neglected Child Reporting Act.
17    The Department may, at its discretion except for those
18children also adjudicated neglected or dependent, accept for
19care and training any child who has been adjudicated addicted,
20as a truant minor in need of supervision or as a minor
21requiring authoritative intervention, under the Juvenile Court
22Act or the Juvenile Court Act of 1987, but no such child shall
23be committed to the Department by any court without the
24approval of the Department. On and after January 1, 2015 (the
25effective date of Public Act 98-803) and before January 1,
262017, a minor charged with a criminal offense under the



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1Criminal Code of 1961 or the Criminal Code of 2012 or
2adjudicated delinquent shall not be placed in the custody of
3or committed to the Department by any court, except (i) a minor
4less than 16 years of age committed to the Department under
5Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
6for whom an independent basis of abuse, neglect, or dependency
7exists, which must be defined by departmental rule, or (iii) a
8minor for whom the court has granted a supplemental petition
9to reinstate wardship pursuant to subsection (2) of Section
102-33 of the Juvenile Court Act of 1987. On and after January 1,
112017, a minor charged with a criminal offense under the
12Criminal Code of 1961 or the Criminal Code of 2012 or
13adjudicated delinquent shall not be placed in the custody of
14or committed to the Department by any court, except (i) a minor
15less than 15 years of age committed to the Department under
16Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
17for whom an independent basis of abuse, neglect, or dependency
18exists, which must be defined by departmental rule, or (iii) a
19minor for whom the court has granted a supplemental petition
20to reinstate wardship pursuant to subsection (2) of Section
212-33 of the Juvenile Court Act of 1987. An independent basis
22exists when the allegations or adjudication of abuse, neglect,
23or dependency do not arise from the same facts, incident, or
24circumstances which give rise to a charge or adjudication of
25delinquency. The Department shall assign a caseworker to
26attend any hearing involving a youth in the care and custody of



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



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1"pervasive developmental disorder" under this paragraph means
2a neurological condition, including, but not limited to,
3Asperger's Syndrome and autism, as defined in the most recent
4edition of the Diagnostic and Statistical Manual of Mental
5Disorders of the American Psychiatric Association.
6    (l-1) The legislature recognizes that the best interests
7of the child require that the child be placed in the most
8permanent living arrangement as soon as is practically
9possible. To achieve this goal, the legislature directs the
10Department of Children and Family Services to conduct
11concurrent planning so that permanency may occur at the
12earliest opportunity. Permanent living arrangements may
13include prevention of placement of a child outside the home of
14the family when the child can be cared for at home without
15endangering the child's health or safety; reunification with
16the family, when safe and appropriate, if temporary placement
17is necessary; or movement of the child toward the most
18permanent living arrangement and permanent legal status.
19    When determining reasonable efforts to be made with
20respect to a child, as described in this subsection, and in
21making such reasonable efforts, the child's health and safety
22shall be the paramount concern.
23    When a child is placed in foster care, the Department
24shall ensure and document that reasonable efforts were made to
25prevent or eliminate the need to remove the child from the
26child's home. The Department must make reasonable efforts to



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1reunify the family when temporary placement of the child
2occurs unless otherwise required, pursuant to the Juvenile
3Court Act of 1987. At any time after the dispositional hearing
4where the Department believes that further reunification
5services would be ineffective, it may request a finding from
6the court that reasonable efforts are no longer appropriate.
7The Department is not required to provide further
8reunification services after such a finding.
9    A decision to place a child in substitute care shall be
10made with considerations of the child's health, safety, and
11best interests. At the time of placement, consideration should
12also be given so that if reunification fails or is delayed, the
13placement made is the best available placement to provide
14permanency for the child.
15    The Department shall adopt rules addressing concurrent
16planning for reunification and permanency. The Department
17shall consider the following factors when determining
18appropriateness of concurrent planning:
19        (1) the likelihood of prompt reunification;
20        (2) the past history of the family;
21        (3) the barriers to reunification being addressed by
22    the family;
23        (4) the level of cooperation of the family;
24        (5) the foster parents' willingness to work with the
25    family to reunite;
26        (6) the willingness and ability of the foster family



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



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1resume permanent charge. After a caretaker has remained in the
2home for a period not to exceed 12 hours, the Department must
3follow those procedures outlined in Section 2-9, 3-11, 4-8, or
45-415 of the Juvenile Court Act of 1987.
5    The Department shall have the authority, responsibilities
6and duties that a legal custodian of the child would have
7pursuant to subsection (9) of Section 1-3 of the Juvenile
8Court Act of 1987. Whenever a child is taken into temporary
9custody pursuant to an investigation under the Abused and
10Neglected Child Reporting Act, or pursuant to a referral and
11acceptance under the Juvenile Court Act of 1987 of a minor in
12limited custody, the Department, during the period of
13temporary custody and before the child is brought before a
14judicial officer as required by Section 2-9, 3-11, 4-8, or
155-415 of the Juvenile Court Act of 1987, shall have the
16authority, responsibilities and duties that a legal custodian
17of the child would have under subsection (9) of Section 1-3 of
18the Juvenile Court Act of 1987.
19    The Department shall ensure that any child taken into
20custody is scheduled for an appointment for a medical
22    A parent, guardian, or custodian of a child in the
23temporary custody of the Department who would have custody of
24the child if he were not in the temporary custody of the
25Department may deliver to the Department a signed request that
26the Department surrender the temporary custody of the child.



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



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



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1sustainable self-sufficiency as independent adults, for any
2minor eligible for the reinstatement of wardship pursuant to
3subsection (2) of Section 2-33 of the Juvenile Court Act of
41987, whether or not such reinstatement is sought or allowed,
5provided that the minor consents to such services and has not
6yet attained the age of 21. The Department shall have
7responsibility for the development and delivery of services
8under this Section. An eligible youth may access services
9under this Section through the Department of Children and
10Family Services or by referral from the Department of Human
11Services. Youth participating in services under this Section
12shall cooperate with the assigned case manager in developing
13an agreement identifying the services to be provided and how
14the youth will increase skills to achieve self-sufficiency. A
15homeless shelter is not considered appropriate housing for any
16youth receiving child welfare services under this Section. The
17Department shall continue child welfare services under this
18Section to any eligible minor until the minor becomes 21 years
19of age, no longer consents to participate, or achieves
20self-sufficiency as identified in the minor's service plan.
21The Department of Children and Family Services shall create
22clear, readable notice of the rights of former foster youth to
23child welfare services under this Section and how such
24services may be obtained. The Department of Children and
25Family Services and the Department of Human Services shall
26disseminate this information statewide. The Department shall



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



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1involving a change of placement decision.
2    (p) (Blank).
3    (q) The Department may receive and use, in their entirety,
4for the benefit of children any gift, donation, or bequest of
5money or other property which is received on behalf of such
6children, or any financial benefits to which such children are
7or may become entitled while under the jurisdiction or care of
8the Department, except that the benefits described in Section
95.46 must be used and conserved consistent with the provisions
10under Section 5.46.
11    The Department shall set up and administer no-cost,
12interest-bearing accounts in appropriate financial
13institutions for children for whom the Department is legally
14responsible and who have been determined eligible for
15Veterans' Benefits, Social Security benefits, assistance
16allotments from the armed forces, court ordered payments,
17parental voluntary payments, Supplemental Security Income,
18Railroad Retirement payments, Black Lung benefits, or other
19miscellaneous payments. Interest earned by each account shall
20be credited to the account, unless disbursed in accordance
21with this subsection.
22    In disbursing funds from children's accounts, the
23Department shall:
24        (1) Establish standards in accordance with State and
25    federal laws for disbursing money from children's
26    accounts. In all circumstances, the Department's



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1    "Guardianship Administrator" or his or her designee must
2    approve disbursements from children's accounts. The
3    Department shall be responsible for keeping complete
4    records of all disbursements for each account for any
5    purpose.
6        (2) Calculate on a monthly basis the amounts paid from
7    State funds for the child's board and care, medical care
8    not covered under Medicaid, and social services; and
9    utilize funds from the child's account, as covered by
10    regulation, to reimburse those costs. Monthly,
11    disbursements from all children's accounts, up to 1/12 of
12    $13,000,000, shall be deposited by the Department into the
13    General Revenue Fund and the balance over 1/12 of
14    $13,000,000 into the DCFS Children's Services Fund.
15        (3) Maintain any balance remaining after reimbursing
16    for the child's costs of care, as specified in item (2).
17    The balance shall accumulate in accordance with relevant
18    State and federal laws and shall be disbursed to the child
19    or his or her guardian, or to the issuing agency.
20    (r) The Department shall promulgate regulations
21encouraging all adoption agencies to voluntarily forward to
22the Department or its agent names and addresses of all persons
23who have applied for and have been approved for adoption of a
24hard-to-place child or child with a disability and the names
25of such children who have not been placed for adoption. A list
26of such names and addresses shall be maintained by the



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1Department or its agent, and coded lists which maintain the
2confidentiality of the person seeking to adopt the child and
3of the child shall be made available, without charge, to every
4adoption agency in the State to assist the agencies in placing
5such children for adoption. The Department may delegate to an
6agent its duty to maintain and make available such lists. The
7Department shall ensure that such agent maintains the
8confidentiality of the person seeking to adopt the child and
9of the child.
10    (s) The Department of Children and Family Services may
11establish and implement a program to reimburse Department and
12private child welfare agency foster parents licensed by the
13Department of Children and Family Services for damages
14sustained by the foster parents as a result of the malicious or
15negligent acts of foster children, as well as providing third
16party coverage for such foster parents with regard to actions
17of foster children to other individuals. Such coverage will be
18secondary to the foster parent liability insurance policy, if
19applicable. The program shall be funded through appropriations
20from the General Revenue Fund, specifically designated for
21such purposes.
22    (t) The Department shall perform home studies and
23investigations and shall exercise supervision over visitation
24as ordered by a court pursuant to the Illinois Marriage and
25Dissolution of Marriage Act or the Adoption Act only if:
26        (1) an order entered by an Illinois court specifically



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



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1        (2) a copy of the child's portion of the client
2    service plan, including any visitation arrangement, and
3    all amendments or revisions to it as related to the child;
4    and
5        (3) information containing details of the child's
6    individualized educational plan when the child is
7    receiving special education services.
8    The caretaker shall be informed of any known social or
9behavioral information (including, but not limited to,
10criminal background, fire setting, perpetuation of sexual
11abuse, destructive behavior, and substance abuse) necessary to
12care for and safeguard the children to be placed or currently
13in the home. The Department may prepare a written summary of
14the information required by this paragraph, which may be
15provided to the foster or prospective adoptive parent in
16advance of a placement. The foster or prospective adoptive
17parent may review the supporting documents in the child's file
18in the presence of casework staff. In the case of an emergency
19placement, casework staff shall at least provide known
20information verbally, if necessary, and must subsequently
21provide the information in writing as required by this
23    The information described in this subsection shall be
24provided in writing. In the case of emergency placements when
25time does not allow prior review, preparation, and collection
26of written information, the Department shall provide such



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1information as it becomes available. Within 10 business days
2after placement, the Department shall obtain from the
3prospective adoptive parent or parents or other caretaker a
4signed verification of receipt of the information provided.
5Within 10 business days after placement, the Department shall
6provide to the child's guardian ad litem a copy of the
7information provided to the prospective adoptive parent or
8parents or other caretaker. The information provided to the
9prospective adoptive parent or parents or other caretaker
10shall be reviewed and approved regarding accuracy at the
11supervisory level.
12    (u-5) Effective July 1, 1995, only foster care placements
13licensed as foster family homes pursuant to the Child Care Act
14of 1969 shall be eligible to receive foster care payments from
15the Department. Relative caregivers who, as of July 1, 1995,
16were approved pursuant to approved relative placement rules
17previously promulgated by the Department at 89 Ill. Adm. Code
18335 and had submitted an application for licensure as a foster
19family home may continue to receive foster care payments only
20until the Department determines that they may be licensed as a
21foster family home or that their application for licensure is
22denied or until September 30, 1995, whichever occurs first.
23    (v) The Department shall access criminal history record
24information as defined in the Illinois Uniform Conviction
25Information Act and information maintained in the adjudicatory
26and dispositional record system as defined in Section 2605-355



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



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



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1facilities; the estimated number of placements; the potential
2cost savings resulting from the movement of children currently
3out-of-state who are projected to be returned to Illinois; the
4necessary geographic distribution of these facilities in
5Illinois; and a proposed timetable for development of such
7    (x) The Department shall conduct annual credit history
8checks to determine the financial history of children placed
9under its guardianship pursuant to the Juvenile Court Act of
101987. The Department shall conduct such credit checks starting
11when a youth in care turns 12 years old and each year
12thereafter for the duration of the guardianship as terminated
13pursuant to the Juvenile Court Act of 1987. The Department
14shall determine if financial exploitation of the child's
15personal information has occurred. If financial exploitation
16appears to have taken place or is presently ongoing, the
17Department shall notify the proper law enforcement agency, the
18proper State's Attorney, or the Attorney General.
19    (y) Beginning on July 22, 2010 (the effective date of
20Public Act 96-1189), a child with a disability who receives
21residential and educational services from the Department shall
22be eligible to receive transition services in accordance with
23Article 14 of the School Code from the age of 14.5 through age
2421, inclusive, notwithstanding the child's residential
25services arrangement. For purposes of this subsection, "child
26with a disability" means a child with a disability as defined



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1by the federal Individuals with Disabilities Education
2Improvement Act of 2004.
3    (z) The Department shall access criminal history record
4information as defined as "background information" in this
5subsection and criminal history record information as defined
6in the Illinois Uniform Conviction Information Act for each
7Department employee or Department applicant. Each Department
8employee or Department applicant shall submit his or her
9fingerprints to the Illinois State Police in the form and
10manner prescribed by the Illinois State Police. These
11fingerprints shall be checked against the fingerprint records
12now and hereafter filed in the Illinois State Police and the
13Federal Bureau of Investigation criminal history records
14databases. The Illinois State Police shall charge a fee for
15conducting the criminal history record check, which shall be
16deposited into the State Police Services Fund and shall not
17exceed the actual cost of the record check. The Illinois State
18Police shall furnish, pursuant to positive identification, all
19Illinois conviction information to the Department of Children
20and Family Services.
21    For purposes of this subsection:
22    "Background information" means all of the following:
23        (i) Upon the request of the Department of Children and
24    Family Services, conviction information obtained from the
25    Illinois State Police as a result of a fingerprint-based
26    criminal history records check of the Illinois criminal



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1    history records database and the Federal Bureau of
2    Investigation criminal history records database concerning
3    a Department employee or Department applicant.
4        (ii) Information obtained by the Department of
5    Children and Family Services after performing a check of
6    the Illinois State Police's Sex Offender Database, as
7    authorized by Section 120 of the Sex Offender Community
8    Notification Law, concerning a Department employee or
9    Department applicant.
10        (iii) Information obtained by the Department of
11    Children and Family Services after performing a check of
12    the Child Abuse and Neglect Tracking System (CANTS)
13    operated and maintained by the Department.
14    "Department employee" means a full-time or temporary
15employee coded or certified within the State of Illinois
16Personnel System.
17    "Department applicant" means an individual who has
18conditional Department full-time or part-time work, a
19contractor, an individual used to replace or supplement staff,
20an academic intern, a volunteer in Department offices or on
21Department contracts, a work-study student, an individual or
22entity licensed by the Department, or an unlicensed service
23provider who works as a condition of a contract or an agreement
24and whose work may bring the unlicensed service provider into
25contact with Department clients or client records.
26(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;



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1101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
28-20-21; 102-1014, eff. 5-27-22.)
3    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
4    Sec. 17. Youth and Community Services Program. The
5Department of Human Services shall develop a State program for
6youth and community services which will assure that youth who
7come into contact or may come into contact with the child
8welfare and the juvenile justice systems will have access to
9needed community, prevention, diversion, emergency and
10independent living services. The term "youth" means a person
11under the age of 19 years. The term "homeless youth" means a
12youth who cannot be reunited with his or her family and is not
13in a safe and stable living situation. This Section shall not
14be construed to require the Department of Human Services to
15provide services under this Section to any homeless youth who
16is at least 18 years of age but is younger than 19 years of
17age; however, the Department may, in its discretion, provide
18services under this Section to any such homeless youth.
19    (a) The goals of the program shall be to:
20        (1) maintain children and youths in their own
21    community;
22        (2) eliminate unnecessary categorical funding of
23    programs by funding more comprehensive and integrated
24    programs;
25        (3) encourage local volunteers and voluntary



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



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



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1        staying at the shelter.
2            (C) Comprehensive Community-Based Youth Services
3        organizations shall retain the sole authority to place
4        youth in host homes and temporary emergency placement
5        shelters provided under the Comprehensive
6        Community-Based Youth Services program.
7            (D) Crisis youth, as defined by the Department,
8        shall be prioritized in temporary emergency
9        placements.
10            (E) Additional placement options may be authorized
11        for crisis and non-crisis program youth with the
12        permission of the youth's parent or legal guardian.
13            (F) While in a temporary emergency placement, the
14        organization shall work with the parent, guardian, or
15        custodian to effectuate the youth's return home or to
16        an alternative long-term living arrangement. As
17        necessary, the agency or association shall also work
18        with the youth's local school district, the
19        Department, the Department of Human Services, the
20        Department of Healthcare and Family Services, and the
21        Department of Juvenile Justice to identify immediate
22        and long-term services, treatment, or placement.
23(Source: P.A. 89-507, eff. 7-1-97.)
24    Section 20. The School Code is amended by changing
25Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section



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12-3.196 as follows:
2    (105 ILCS 5/2-3.163)
3    Sec. 2-3.163. Prioritization of Urgency of Need for
4Services database.
5    (a) The General Assembly makes all of the following
7        (1) The Department of Human Services maintains a
8    statewide database known as the Prioritization of Urgency
9    of Need for Services that records information about
10    individuals with developmental disabilities who are
11    potentially in need of services.
12        (2) The Department of Human Services uses the data on
13    Prioritization of Urgency of Need for Services to select
14    individuals for services as funding becomes available, to
15    develop proposals and materials for budgeting, and to plan
16    for future needs.
17        (3) Prioritization of Urgency of Need for Services is
18    available for children and adults with a developmental
19    disability who have an unmet service need anticipated in
20    the next 5 years.
21        (4) Prioritization of Urgency of Need for Services is
22    the first step toward getting developmental disabilities
23    services in this State. If individuals are not on the
24    Prioritization of Urgency of Need for Services waiting
25    list, they are not in queue for State developmental



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1    disabilities services.
2        (5) Prioritization of Urgency of Need for Services may
3    be underutilized by children and their parents or
4    guardians due to lack of awareness or lack of information.
5    (b) The State Board of Education may work with school
6districts to inform all students with developmental
7disabilities and their parents or guardians about the
8Prioritization of Urgency of Need for Services database.
9    (c) Subject to appropriation, the Department of Human
10Services and State Board of Education shall develop and
11implement an online, computer-based training program for at
12least one designated employee in every public school in this
13State to educate him or her about the Prioritization of
14Urgency of Need for Services database and steps to be taken to
15ensure children and adolescents are enrolled. The training
16shall include instruction for at least one designated employee
17in every public school in contacting the appropriate
18developmental disabilities Independent Service Coordination
19agency to enroll children and adolescents in the database. At
20least one designated employee in every public school shall
21ensure the opportunity to enroll in the Prioritization of
22Urgency of Need for Services database is discussed during
23annual individualized education program (IEP) meetings for all
24children and adolescents believed to have a developmental
26    (d) The State Board of Education, in consultation with the



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1Department of Human Services, through school districts, shall
2provide to parents and guardians of students a copy of the
3Department of Human Services's guide titled "Understanding
4PUNS: A Guide to Prioritization for Urgency of Need for
5Services" each year at the annual review meeting for the
6student's individualized education program, including the
7consideration required in subsection (e) of this Section.
8    (e) The Department of Human Services shall consider the
9length of time spent on the Prioritization of Urgency of Need
10for Services waiting list, in addition to other factors
11considered, when selecting individuals on the list for
13    (f) Subject to appropriation, the Department of Human
14Services shall expand its selection of individuals from the
15Prioritization of Urgency of Need for Services database to
16include individuals who receive services through the Children
17and Young Adults with Developmental Disabilities - Support
19(Source: P.A. 102-57, eff. 7-9-21.)
20    (105 ILCS 5/2-3.196 new)
21    Sec. 2-3.196. Mental health screenings. On or before
22December 15, 2023, the State Board of Education, in
23consultation with the Children's Behavioral Health
24Transformation Officer, Children's Behavioral Health
25Transformation Team, and the Office of the Governor, shall



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



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



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1treatment and services comparable to those provided by the
2out-of-state special education residential facility. The
3school district must review annually the placement of a child
4in an out-of-state special education residential facility. As
5a part of the review, the school district must refer to the
6child or the child's parent or guardian the option to place the
7child in a comparable special education residential facility
8located within this State, if any.
9    (c-5) Before a provider that operates a nonpublic special
10education facility terminates a student's placement in that
11facility, the provider must request an IEP meeting from the
12contracting school district. If the provider elects to
13terminate the student's placement following the IEP meeting,
14the provider must give written notice to this effect to the
15parent or guardian, the contracting public school district,
16and the State Board of Education no later than 20 business days
17before the date of termination, unless the health and safety
18of any student are endangered. The notice must include the
19detailed reasons for the termination and any actions taken to
20address the reason for the termination.
21    (d) Payments shall be made by the resident school district
22to the entity providing the educational services, whether the
23entity is the nonpublic special education facility or the
24school district wherein the facility is located, no less than
25once per quarter, unless otherwise agreed to in writing by the



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1    (e) A school district may place a student in a nonpublic
2special education facility providing educational services, but
3not approved by the State Board of Education pursuant to 23
4Ill. Adm. Code 401 or other applicable laws or rules, provided
5that the State Board of Education provides an emergency and
6student-specific approval for placement. The State Board of
7Education shall promptly, within 10 days after the request,
8approve a request for emergency and student-specific approval
9for placement if the following have been demonstrated to the
10State Board of Education:
11        (1) the facility demonstrates appropriate licensure of
12    teachers for the student population;
13        (2) the facility demonstrates age-appropriate
14    curriculum;
15        (3) the facility provides enrollment and attendance
16    data;
17        (4) the facility demonstrates the ability to implement
18    the child's IEP; and
19        (5) the school district demonstrates that it made good
20    faith efforts to place the student in an approved
21    facility, but no approved facility has accepted the
22    student or has availability for immediate placement of the
23    student.
24A resident school district may also submit such proof to the
25State Board of Education as may be required for its student.
26The State Board of Education may not unreasonably withhold



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



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



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1facilities provided under approved programs. Upon approval the
2State Board shall cause vouchers to be prepared showing the
3amount due for payment of reimbursement claims to school
4districts, for transmittal to the State Comptroller on the
530th day of September, December, and March, respectively, and
6the final voucher, no later than June 20. If the money
7appropriated by the General Assembly for such purpose for any
8year is insufficient, it shall be apportioned on the basis of
9the claims approved.
10    (j) No child shall be placed in a special education
11program pursuant to this Section if the tuition cost for
12special education and related services increases more than 10
13percent over the tuition cost for the previous school year or
14exceeds $4,500 per year unless such costs have been approved
15by the Illinois Purchased Care Review Board. The Illinois
16Purchased Care Review Board shall consist of the following
17persons, or their designees: the Directors of Children and
18Family Services, Public Health, Public Aid, and the Governor's
19Office of Management and Budget; the Secretary of Human
20Services; the State Superintendent of Education; and such
21other persons as the Governor may designate. The Review Board
22shall also consist of one non-voting member who is an
23administrator of a private, nonpublic, special education
24school. The Review Board shall establish rules and regulations
25for its determination of allowable costs and payments made by
26local school districts for special education, room and board,



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1and other related services provided by non-public schools or
2special education facilities and shall establish uniform
3standards and criteria which it shall follow. The Review Board
4shall approve the usual and customary rate or rates of a
5special education program that (i) is offered by an
6out-of-state, non-public provider of integrated autism
7specific educational and autism specific residential services,
8(ii) offers 2 or more levels of residential care, including at
9least one locked facility, and (iii) serves 12 or fewer
10Illinois students.
11    (k) In determining rates based on allowable costs, the
12Review Board shall consider any wage increases awarded by the
13General Assembly to front line personnel defined as direct
14support persons, aides, front-line supervisors, qualified
15intellectual disabilities professionals, nurses, and
16non-administrative support staff working in service settings
17in community-based settings within the State and adjust
18customary rates or rates of a special education program to be
19equitable to the wage increase awarded to similar staff
20positions in a community residential setting. Any wage
21increase awarded by the General Assembly to front line
22personnel defined as direct support persons, aides, front-line
23supervisors, qualified intellectual disabilities
24professionals, nurses, and non-administrative support staff
25working in community-based settings within the State,
26including the $0.75 per hour increase contained in Public Act



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1100-23 and the $0.50 per hour increase included in Public Act
2100-23, shall also be a basis for any facility covered by this
3Section to appeal its rate before the Review Board under the
4process defined in Title 89, Part 900, Section 340 of the
5Illinois Administrative Code. Illinois Administrative Code
6Title 89, Part 900, Section 342 shall be updated to recognize
7wage increases awarded to community-based settings to be a
8basis for appeal. However, any wage increase that is captured
9upon appeal from a previous year shall not be counted by the
10Review Board as revenue for the purpose of calculating a
11facility's future rate.
12    (l) Any definition used by the Review Board in
13administrative rule or policy to define "related
14organizations" shall include any and all exceptions contained
15in federal law or regulation as it pertains to the federal
16definition of "related organizations".
17    (m) The Review Board shall establish uniform definitions
18and criteria for accounting separately by special education,
19room and board and other related services costs. The Board
20shall also establish guidelines for the coordination of
21services and financial assistance provided by all State
22agencies to assure that no otherwise qualified child with a
23disability receiving services under Article 14 shall be
24excluded from participation in, be denied the benefits of or
25be subjected to discrimination under any program or activity
26provided by any State agency.



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1    (n) The Review Board shall review the costs for special
2education and related services provided by non-public schools
3or special education facilities and shall approve or
4disapprove such facilities in accordance with the rules and
5regulations established by it with respect to allowable costs.
6    (o) The State Board of Education shall provide
7administrative and staff support for the Review Board as
8deemed reasonable by the State Superintendent of Education.
9This support shall not include travel expenses or other
10compensation for any Review Board member other than the State
11Superintendent of Education.
12    (p) The Review Board shall seek the advice of the Advisory
13Council on Education of Children with Disabilities on the
14rules and regulations to be promulgated by it relative to
15providing special education services.
16    (q) If a child has been placed in a program in which the
17actual per pupil costs of tuition for special education and
18related services based on program enrollment, excluding room,
19board and transportation costs, exceed $4,500 and such costs
20have been approved by the Review Board, the district shall pay
21such total costs which exceed $4,500. A district making such
22tuition payments in excess of $4,500 pursuant to this Section
23shall be responsible for an amount in excess of $4,500 equal to
24the district per capita tuition charge and shall be eligible
25for reimbursement from the State for the amount of such
26payments actually made in excess of the districts per capita



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



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1as relieving an insurer or similar third party from an
2otherwise valid obligation to provide or to pay for services
3provided to a child with a disability.
4    (s) If it otherwise qualifies, a school district is
5eligible for the transportation reimbursement under Section
614-13.01 and for the reimbursement of tuition payments under
7this Section whether the non-public school or special
8education facility, public out-of-state school or county
9special education facility, attended by a child who resides in
10that district and requires special educational services, is
11within or outside of the State of Illinois. However, a
12district is not eligible to claim transportation reimbursement
13under this Section unless the district certifies to the State
14Superintendent of Education that the district is unable to
15provide special educational services required by the child for
16the current school year.
17    (t) Nothing in this Section authorizes the reimbursement
18of a school district for the amount paid for tuition of a child
19attending a non-public school or special education facility,
20public out-of-state school or county special education
21facility unless the school district certifies to the State
22Superintendent of Education that the special education program
23of that district is unable to meet the needs of that child
24because of his disability and the State Superintendent of
25Education finds that the school district is in substantial
26compliance with Section 14-4.01. However, if a child is



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1unilaterally placed by a State agency or any court in a
2non-public school or special education facility, public
3out-of-state school, or county special education facility, a
4school district shall not be required to certify to the State
5Superintendent of Education, for the purpose of tuition
6reimbursement, that the special education program of that
7district is unable to meet the needs of a child because of his
8or her disability.
9    (u) Any educational or related services provided, pursuant
10to this Section in a non-public school or special education
11facility or a special education facility owned and operated by
12a county government unit shall be at no cost to the parent or
13guardian of the child. However, current law and practices
14relative to contributions by parents or guardians for costs
15other than educational or related services are not affected by
16this amendatory Act of 1978.
17    (v) Reimbursement for children attending public school
18residential facilities shall be made in accordance with the
19provisions of this Section.
20    (w) Notwithstanding any other provision of law, any school
21district receiving a payment under this Section or under
22Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
23all or a portion of the funds that it receives in a particular
24fiscal year or from general State aid pursuant to Section
2518-8.05 of this Code as funds received in connection with any
26funding program for which it is entitled to receive funds from



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1the State in that fiscal year (including, without limitation,
2any funding program referenced in this Section), regardless of
3the source or timing of the receipt. The district may not
4classify more funds as funds received in connection with the
5funding program than the district is entitled to receive in
6that fiscal year for that program. Any classification by a
7district must be made by a resolution of its board of
8education. The resolution must identify the amount of any
9payments or general State aid to be classified under this
10paragraph and must specify the funding program to which the
11funds are to be treated as received in connection therewith.
12This resolution is controlling as to the classification of
13funds referenced therein. A certified copy of the resolution
14must be sent to the State Superintendent of Education. The
15resolution shall still take effect even though a copy of the
16resolution has not been sent to the State Superintendent of
17Education in a timely manner. No classification under this
18paragraph by a district shall affect the total amount or
19timing of money the district is entitled to receive under this
20Code. No classification under this paragraph by a district
21shall in any way relieve the district from or affect any
22requirements that otherwise would apply with respect to that
23funding program, including any accounting of funds by source,
24reporting expenditures by original source and purpose,
25reporting requirements, or requirements of providing services.
26(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;



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1102-703, eff. 4-22-22.)
2    (105 ILCS 5/14-15.01)  (from Ch. 122, par. 14-15.01)
3    Sec. 14-15.01. Community and Residential Services
5    (a) (1) The Community and Residential Services Authority
6is hereby created and shall consist of the following members:
7    A representative of the State Board of Education;
8    Four representatives of the Department of Human Services
9appointed by the Secretary of Human Services, with one member
10from the Division of Community Health and Prevention, one
11member from the Division of Developmental Disabilities, one
12member from the Division of Mental Health, and one member from
13the Division of Rehabilitation Services;
14    A representative of the Department of Children and Family
16    A representative of the Department of Juvenile Justice;
17    A representative of the Department of Healthcare and
18Family Services;
19    A representative of the Attorney General's Disability
20Rights Advocacy Division;
21    The Chairperson and Minority Spokesperson of the House and
22Senate Committees on Elementary and Secondary Education or
23their designees; and
24    Six persons appointed by the Governor. Five of such
25appointees shall be experienced or knowledgeable relative to



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1provision of services for individuals with a behavior disorder
2or a severe emotional disturbance and shall include
3representatives of both the private and public sectors, except
4that no more than 2 of those 5 appointees may be from the
5public sector and at least 2 must be or have been directly
6involved in provision of services to such individuals. The
7remaining member appointed by the Governor shall be or shall
8have been a parent of an individual with a behavior disorder or
9a severe emotional disturbance, and that appointee may be from
10either the private or the public sector.
11    (2) Members appointed by the Governor shall be appointed
12for terms of 4 years and shall continue to serve until their
13respective successors are appointed; provided that the terms
14of the original appointees shall expire on August 1, 1990. Any
15vacancy in the office of a member appointed by the Governor
16shall be filled by appointment of the Governor for the
17remainder of the term.
18    A vacancy in the office of a member appointed by the
19Governor exists when one or more of the following events
21        (i) An appointee dies;
22        (ii) An appointee files a written resignation with the
23    Governor;
24        (iii) An appointee ceases to be a legal resident of
25    the State of Illinois; or
26        (iv) An appointee fails to attend a majority of



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1    regularly scheduled Authority meetings in a fiscal year.
2    Members who are representatives of an agency shall serve
3at the will of the agency head. Membership on the Authority
4shall cease immediately upon cessation of their affiliation
5with the agency. If such a vacancy occurs, the appropriate
6agency head shall appoint another person to represent the
8    If a legislative member of the Authority ceases to be
9Chairperson or Minority Spokesperson of the designated
10Committees, they shall automatically be replaced on the
11Authority by the person who assumes the position of
12Chairperson or Minority Spokesperson.
13    (b) The Community and Residential Services Authority shall
14have the following powers and duties:
15        (1) Serve as a Parent/Guardian Navigator Assistance
16    Program, to work directly with parents/guardians of youth
17    with behavioral health concerns to provide assistance
18    coordinating efforts with public agencies, including but
19    not limited to local school district, State Board of
20    Education, the Department of Human Services, Department of
21    Children and Family Services, the Department of Healthcare
22    and Family Services, Department of Public Health, and
23    Department of Juvenile Justice. To conduct surveys to
24    determine the extent of need, the degree to which
25    documented need is currently being met and feasible
26    alternatives for matching need with resources.



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



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



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1    a psychiatric hospital and is in need of residential
2    placement, the goal of the program is to prevent a
3    lock-out pursuant to the goals of the Custody
4    Relinquishment Prevention Act.
5    (c) (1) The members of the Authority shall receive no
6compensation for their services but shall be entitled to
7reimbursement of reasonable expenses incurred while performing
8their duties.
9    (2) The Authority may appoint special study groups to
10operate under the direction of the Authority and persons
11appointed to such groups shall receive only reimbursement of
12reasonable expenses incurred in the performance of their
14    (3) The Authority shall elect from its membership a
15chairperson, vice-chairperson and secretary.
16    (4) The Authority may employ and fix the compensation of
17such employees and technical assistants as it deems necessary
18to carry out its powers and duties under this Act. Staff
19assistance for the Authority shall be provided by the State
20Board of Education.
21    (5) Funds for the ordinary and contingent expenses of the
22Authority shall be appropriated to the State Board of
23Education in a separate line item.
24    (d) (1) The Authority shall have power to promulgate rules
25and regulations to carry out its powers and duties under this



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



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1    (305 ILCS 5/5-30.1)
2    Sec. 5-30.1. Managed care protections.
3    (a) As used in this Section:
4    "Managed care organization" or "MCO" means any entity
5which contracts with the Department to provide services where
6payment for medical services is made on a capitated basis.
7    "Emergency services" include:
8        (1) emergency services, as defined by Section 10 of
9    the Managed Care Reform and Patient Rights Act;
10        (2) emergency medical screening examinations, as
11    defined by Section 10 of the Managed Care Reform and
12    Patient Rights Act;
13        (3) post-stabilization medical services, as defined by
14    Section 10 of the Managed Care Reform and Patient Rights
15    Act; and
16        (4) emergency medical conditions, as defined by
17    Section 10 of the Managed Care Reform and Patient Rights
18    Act.
19    (b) As provided by Section 5-16.12, managed care
20organizations are subject to the provisions of the Managed
21Care Reform and Patient Rights Act.
22    (c) An MCO shall pay any provider of emergency services
23that does not have in effect a contract with the contracted
24Medicaid MCO. The default rate of reimbursement shall be the
25rate paid under Illinois Medicaid fee-for-service program



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



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



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1    discharge or transfer to another facility, shall be
2    binding on the MCO. The MCO shall cover emergency services
3    for all enrollees whether the emergency services are
4    provided by an affiliated or non-affiliated provider.
5        (6) The MCO's financial responsibility for
6    post-stabilization care services it has not pre-approved
7    ends when:
8            (A) a plan physician with privileges at the
9        treating hospital assumes responsibility for the
10        enrollee's care;
11            (B) a plan physician assumes responsibility for
12        the enrollee's care through transfer;
13            (C) a contracting entity representative and the
14        treating physician reach an agreement concerning the
15        enrollee's care; or
16            (D) the enrollee is discharged.
17    (f) Network adequacy and transparency.
18        (1) The Department shall:
19            (A) ensure that an adequate provider network is in
20        place, taking into consideration health professional
21        shortage areas and medically underserved areas;
22            (B) publicly release an explanation of its process
23        for analyzing network adequacy;
24            (C) periodically ensure that an MCO continues to
25        have an adequate network in place;
26            (D) require MCOs, including Medicaid Managed Care



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1        Entities as defined in Section 5-30.2, to meet
2        provider directory requirements under Section 5-30.3;
3            (E) require MCOs to ensure that any
4        Medicaid-certified provider under contract with an MCO
5        and previously submitted on a roster on the date of
6        service is paid for any medically necessary,
7        Medicaid-covered, and authorized service rendered to
8        any of the MCO's enrollees, regardless of inclusion on
9        the MCO's published and publicly available directory
10        of available providers; and
11            (F) require MCOs, including Medicaid Managed Care
12        Entities as defined in Section 5-30.2, to meet each of
13        the requirements under subsection (d-5) of Section 10
14        of the Network Adequacy and Transparency Act; with
15        necessary exceptions to the MCO's network to ensure
16        that admission and treatment with a provider or at a
17        treatment facility in accordance with the network
18        adequacy standards in paragraph (3) of subsection
19        (d-5) of Section 10 of the Network Adequacy and
20        Transparency Act is limited to providers or facilities
21        that are Medicaid certified.
22        (2) Each MCO shall confirm its receipt of information
23    submitted specific to physician or dentist additions or
24    physician or dentist deletions from the MCO's provider
25    network within 3 days after receiving all required
26    information from contracted physicians or dentists, and



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1    electronic physician and dental directories must be
2    updated consistent with current rules as published by the
3    Centers for Medicare and Medicaid Services or its
4    successor agency.
5    (g) Timely payment of claims.
6        (1) The MCO shall pay a claim within 30 days of
7    receiving a claim that contains all the essential
8    information needed to adjudicate the claim.
9        (2) The MCO shall notify the billing party of its
10    inability to adjudicate a claim within 30 days of
11    receiving that claim.
12        (3) The MCO shall pay a penalty that is at least equal
13    to the timely payment interest penalty imposed under
14    Section 368a of the Illinois Insurance Code for any claims
15    not timely paid.
16            (A) When an MCO is required to pay a timely payment
17        interest penalty to a provider, the MCO must calculate
18        and pay the timely payment interest penalty that is
19        due to the provider within 30 days after the payment of
20        the claim. In no event shall a provider be required to
21        request or apply for payment of any owed timely
22        payment interest penalties.
23            (B) Such payments shall be reported separately
24        from the claim payment for services rendered to the
25        MCO's enrollee and clearly identified as interest
26        payments.



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1        (4)(A) The Department shall require MCOs to expedite
2    payments to providers identified on the Department's
3    expedited provider list, determined in accordance with 89
4    Ill. Adm. Code 140.71(b), on a schedule at least as
5    frequently as the providers are paid under the
6    Department's fee-for-service expedited provider schedule.
7        (B) Compliance with the expedited provider requirement
8    may be satisfied by an MCO through the use of a Periodic
9    Interim Payment (PIP) program that has been mutually
10    agreed to and documented between the MCO and the provider,
11    if the PIP program ensures that any expedited provider
12    receives regular and periodic payments based on prior
13    period payment experience from that MCO. Total payments
14    under the PIP program may be reconciled against future PIP
15    payments on a schedule mutually agreed to between the MCO
16    and the provider.
17        (C) The Department shall share at least monthly its
18    expedited provider list and the frequency with which it
19    pays providers on the expedited list.
20    (g-5) Recognizing that the rapid transformation of the
21Illinois Medicaid program may have unintended operational
22challenges for both payers and providers:
23        (1) in no instance shall a medically necessary covered
24    service rendered in good faith, based upon eligibility
25    information documented by the provider, be denied coverage
26    or diminished in payment amount if the eligibility or



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



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



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



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



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



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



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1    (2) The standardized roster form may be submitted to the
2MCO at the same time that the provider submits an enrollment
3application to the Department through IMPACT.
4    (3) By October 1, 2019, the Department shall require all
5MCOs to update their provider directory with information for
6new practitioners of existing contracted providers within 30
7days of receipt of a complete and accurate standardized roster
8template in the format approved by the Department provided
9that the provider is effective in the Department's provider
10enrollment subsystem within the IMPACT system. Such provider
11directory shall be readily accessible for purposes of
12selecting an approved health care provider and comply with all
13other federal and State requirements.
14    (g-11) The Department shall work with relevant
15stakeholders on the development of operational guidelines to
16enhance and improve operational performance of Illinois'
17Medicaid managed care program, including, but not limited to,
18improving provider billing practices, reducing claim
19rejections and inappropriate payment denials, and
20standardizing processes, procedures, definitions, and response
21timelines, with the goal of reducing provider and MCO
22administrative burdens and conflict. The Department shall
23include a report on the progress of these program improvements
24and other topics in its Fiscal Year 2020 annual report to the
25General Assembly.
26    (g-12) Notwithstanding any other provision of law, if the



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1Department or an MCO requires submission of a claim for
2payment in a non-electronic format, a provider shall always be
3afforded a period of no less than 90 business days, as a
4correction period, following any notification of rejection by
5either the Department or the MCO to correct errors or
6omissions in the original submission.
7    Under no circumstances, either by an MCO or under the
8State's fee-for-service system, shall a provider be denied
9payment for failure to comply with any timely submission
10requirements under this Code or under any existing contract,
11unless the non-electronic format claim submission occurs after
12the initial 180 days following the latest date of service on
13the claim, or after the 90 business days correction period
14following notification to the provider of rejection or denial
15of payment.
16    (h) The Department shall not expand mandatory MCO
17enrollment into new counties beyond those counties already
18designated by the Department as of June 1, 2014 for the
19individuals whose eligibility for medical assistance is not
20the seniors or people with disabilities population until the
21Department provides an opportunity for accountable care
22entities and MCOs to participate in such newly designated
24    (h-5) Leading indicator data sharing. By January 1, 2024,
25the Department shall obtain input from the Department of Human
26Services, the Department of Juvenile Justice, the Department



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1of Children and Family Services, the State Board of Education,
2managed care organizations, providers, and clinical experts to
3identify and analyze key indicators from assessments and data
4sets available to the Department that can be shared with
5managed care organizations and similar care coordination
6entities contracted with the Department as leading indicators
7for elevated behavioral health crisis risk for children. To
8the extent permitted by State and federal law, the identified
9leading indicators shall be shared with managed care
10organizations and similar care coordination entities
11contracted with the Department within 6 months of
12identification for the purpose of improving care coordination
13with the early detection of elevated risk. Leading indicators
14shall be reassessed annually with stakeholder input.
15    (i) The requirements of this Section apply to contracts
16with accountable care entities and MCOs entered into, amended,
17or renewed after June 16, 2014 (the effective date of Public
18Act 98-651).
19    (j) Health care information released to managed care
20organizations. A health care provider shall release to a
21Medicaid managed care organization, upon request, and subject
22to the Health Insurance Portability and Accountability Act of
231996 and any other law applicable to the release of health
24information, the health care information of the MCO's
25enrollee, if the enrollee has completed and signed a general
26release form that grants to the health care provider



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1permission to release the recipient's health care information
2to the recipient's insurance carrier.
3    (k) The Department of Healthcare and Family Services,
4managed care organizations, a statewide organization
5representing hospitals, and a statewide organization
6representing safety-net hospitals shall explore ways to
7support billing departments in safety-net hospitals.
8    (l) The requirements of this Section added by Public Act
9102-4 shall apply to services provided on or after the first
10day of the month that begins 60 days after April 27, 2021 (the
11effective date of Public Act 102-4).
12(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
13102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
148-20-21; 102-813, eff. 5-13-22.)
15    Section 30. The Juvenile Court Act of 1987 is amended by
16changing Section 3-5 as follows:
17    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
18    Sec. 3-5. Interim crisis intervention services.
19    (a) Any minor who is taken into limited custody, or who
20independently requests or is referred for assistance, may be
21provided crisis intervention services by an agency or
22association, as defined in this Act, provided the association
23or agency staff (i) immediately investigate the circumstances
24of the minor and the facts surrounding the minor being taken



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1into custody and promptly explain these facts and
2circumstances to the minor, and (ii) make a reasonable effort
3to inform the minor's parent, guardian or custodian of the
4fact that the minor has been taken into limited custody and
5where the minor is being kept, and (iii) if the minor consents,
6make a reasonable effort to transport, arrange for the
7transportation of, or otherwise release the minor to the
8parent, guardian or custodian. Upon release of the child who
9is believed to need or benefit from medical, psychological,
10psychiatric or social services, the association or agency may
11inform the minor and the person to whom the minor is released
12of the nature and location of appropriate services and shall,
13if requested, assist in establishing contact between the
14family and other associations or agencies providing such
15services. If the agency or association is unable by all
16reasonable efforts to contact a parent, guardian or custodian,
17or if the person contacted lives an unreasonable distance
18away, or if the minor refuses to be taken to his or her home or
19other appropriate residence, or if the agency or association
20is otherwise unable despite all reasonable efforts to make
21arrangements for the safe return of the minor, the minor may be
22taken to a temporary living arrangement which is in compliance
23with the Child Care Act of 1969 or which is with persons agreed
24to by the parents and the agency or association.
25    (b) An agency or association is authorized to permit a
26minor to be sheltered in a temporary living arrangement



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



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



10300SB0724sam001- 85 -LRB103 29722 KTG 59099 a

1immediate physical danger.
2    (c) Any agency or association or employee thereof acting
3reasonably and in good faith in the care of a minor being
4provided interim crisis intervention services and shelter care
5shall be immune from any civil or criminal liability resulting
6from such care.
7(Source: P.A. 95-443, eff. 1-1-08.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".