SB0191 101ST GENERAL ASSEMBLY

LRB101 08506 SLF 53583 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0191

Introduced 1/30/2019, by Sen. Laura Fine

SYNOPSIS AS INTRODUCED:

20 ILCS 1705/7.1	from Ch. 91 1/2, par. 100-7.1
705 ILCS 405/5-711 new

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that a child shall continue to be eligible for an Individual Care Grant if the child is placed in the guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department Healthcare and Family Services or an active application was being reviewed by the Department when the guardianship order was entered. Provides that any minor who is placed in the guardianship of the Department of Children and Family Services under the Act while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. Provides that the court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mental Health and Developmental Disabilities Administrative Act is amended by changing Section 7.1 as follows:

(20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)

Sec. 7.1. Individual Care Grants.

(a) For the purposes of this Section 7.1, "Department" means the Department of Healthcare and Family Services.

(b) To assist families in seeking intensive community-based services or residential placement for children with mental illness, for whom no appropriate care is available in State-operated facilities, the Department shall supplement the amount a family is able to pay, as determined by the Department and the amount available from other sources, provided the Department's share shall not exceed a uniform maximum rate to be determined from time to time by the Department. The Department may exercise the authority under this Section as is necessary to implement the provisions of Section 5-5.23 of the Illinois Public Aid Code and to administer Individual Care Grants. The Department shall work collaboratively with stakeholders and family representatives in the implementation of this Section.

(c) A child shall continue to be eligible for an Individual Care Grant if (1): the child is placed in the temporary custody of the Department of Children and Family Services under Article II of the Juvenile Care Act of 1987 because the child was left at a psychiatric hospital beyond medical necessity and an application for the Family Support Program was pending with the Department or an active application was being reviewed by the Department when the petition under the Juvenile Court Act of 1987 was filed; or (2) the child is placed in the guardianship of the Department of Children and Family Services under Article V of the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department or an active application was being reviewed by the Department when the guardianship order was entered.

(d) If the Department determines that the child meets all the eligibility criteria for Family Support Services and approves the application, the Department shall notify the parents and the Department of Children and Family Services. The court hearing the child's case under the Juvenile Court Act of 1987 shall conduct a hearing within 14 days after all parties have been notified and determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the child to the custody of his or her parents with Family Support Services in place or whether the child shall continue in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program. The court shall conduct the hearing under Section 2-4b or Section 5-711 of the Juvenile Court Act of 1987. If the court vacates the custody or guardianship of the Department of Children and Family Services and returns the child to the custody of the parent, guardian, or other adult respondent with Family Support Services, the Department shall become fiscally responsible for providing services to the child. If the court determines that the child shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the child, the Family Support Services shall be declined, and the child shall no longer be eligible for Family Support Services as long as the child remains in the custody or guardianship of the Department of Children and Family Services.

(e) The Department shall provide an expedited review process for applications for minors in the custody or guardianship of the Department of Children and Family Services who continue to remain eligible for Individual Care Grants. The Department shall work collaboratively with stakeholders, including legal representatives of minors in care, providers of residential treatment services, and with the Department of Children and Family Services, to ensure that minors who are recipients of Individual Care Grants under this Section and Sections Section 2-4b and 5-711 of the Juvenile Court Act of 1987 do not experience a disruption in services if the minor transitions from one program to another. The Department shall adopt rules to implement this Section no later than July 1, 2019.

(Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)

Section 10. The Juvenile Court Act of 1987 is amended by adding Section 5-711 as follows:

(705 ILCS 405/5-711 new)

Sec. 5-711. Family Support Program services; hearing.

(a) Any minor who is placed in the guardianship of the Department of Children and Family Services under Section 5-710 while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met.

(b) The court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate guardianship of the Department of Children and Family Services and return the minor to the custody of the parent or guardian with Family Support Program services or whether the minor shall continue in the guardianship of the Department of Children and Family Services and decline the Family Support Program services. In making its determination, the court shall consider the minor's best interest, the involvement of the parent or guardian in proceedings under this Act, the involvement of the parent or guardian in the minor's treatment, the relationship between the minor and the parent or guardian, and any other factor the court deems relevant. If the court vacates the guardianship of the Department of Children and Family Services and returns the minor to the custody of the parent or guardian with Family Support Services, the Department of Healthcare and Family Services shall become financially responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain financially responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services.

(c) This Section does not apply to a minor:

(1) for whom a petition has been filed under this Act alleging that he or she is an abused or neglected minor;

(2) for whom the court has made a finding that he or she is an abused or neglected minor under this Act except a finding under item (iv) of paragraph (a) of subsection (1) of Section 5-710 that an independent basis of abuse, neglect, or dependency exists; or

(3) who has been the subject of an indicated allegation of abuse or neglect by the Department of Children and Family Services, other than for psychiatric lock-out, in which the parent or guardian was the perpetrator within 5 years of the filing of the pending petition.

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