(20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
Sec. 9.1. The parents or guardians of the estates of children accepted
for care and training under the Juvenile Court Act or the Juvenile Court
Act of 1987, or through a voluntary placement agreement with the parents
or guardians shall be liable for the payment to the Department, or to a
licensed or approved child care facility designated by the Department of
sums representing charges for the care and training of those children at a
rate to be determined by the Department. The Department shall establish a
standard by which shall be measured the ability of parents or guardians to
pay for the care and training of their children, and shall implement the
standard by rules governing its application. The standard and the rules
shall take into account ability to pay as measured by annual income and
family size. Medical or other treatment provided on behalf of the family
may also be taken into account in determining ability to pay if the
Department concludes that such treatment is appropriate.
In addition, the Department may provide by rule for referral of Title
IV-E foster care maintenance cases to the Department of Healthcare and Family Services for
child support enforcement services under Title IV-D of the Social Security
Act. The
Department shall consider "good cause" as defined in regulations
promulgated under Title IV-A of the Social Security Act, among other
criteria, when determining whether to refer a case and, upon
referral, the parent or guardian of the estate of a child who is
receiving Title IV-E foster care maintenance payments shall be deemed to
have made an assignment to the Department of any and all rights, title and
interest in any support obligation on behalf of a child. The rights to
support assigned to the Department shall constitute an obligation owed the
State by the person who is responsible for providing the support, and shall
be collectible under all applicable processes.
The acceptance of children for services or care shall not be limited
or conditioned in any manner on the financial status or ability of parents
or guardians to make such payments.
(Source: P.A. 95-331, eff. 8-21-07.)
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