HB3761 98TH GENERAL ASSEMBLY

LRB098 14457 KTG 49165 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3761

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act

Creates the Young Adult Voluntary Foster Care Act. Requires the Department of Human Services to implement this Act in accordance with the State's approved Title IV-E State Plan. Provides that a youth who exited foster care after reaching 18 years of age but before reaching 21 years of age may reenter foster care and receive extended foster care services. Sets forth eligibility criteria and provides that if a youth chooses to participate in extended foster care services the Department and the youth shall sign a voluntary foster care agreement that shall include certain information including (i) the obligation for the youth to continue to meet the conditions for eligibility for the duration of the voluntary foster care agreement and (ii) the voluntary nature of the youth's participation in receiving extended foster care services. Contains provisions concerning written report requirements; periodic case reviews by the appropriate juvenile court; termination of the voluntary adult foster care agreement; and other matters.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

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

Section 1. Short title. This Act may be cited as the Young Adult Voluntary Foster Care Act.

Section 3. Purpose. In 2008, the United States Congress passed the Fostering Connections to Success and Increasing Adoptions Act of 2008 which allows states to receive a federal match for state dollars expended in supporting youth transitioning out of foster care. It is the intent of this Act to enable the State of Illinois to receive the federal match to offset costs expended on supporting youth seeking postsecondary education. This Act would result in these youth receiving extended foster care services, for which there is a federal match, until they turn 21, are no longer otherwise eligible, or choose to leave foster care.

Section 5. Definitions. As used in this Act:

"Court" means an Illinois juvenile court.

"Department" means the Department of Human Services.

"Youth" means an individual who is at least 18 years of age but less than 21 years of age.

Section 10. Implementation. The Department shall implement this Act in accordance with the State's approved Title IV-E State Plan.

Section 15. Youth exiting foster care. A youth who exited foster care after reaching 18 years of age but before reaching 21 years of age may reenter foster care and receive extended foster care services.

Section 20. Eligibility. The Department may provide extended foster care services if the youth meets one of the following conditions for eligibility:

(1) The youth is completing secondary education or a program leading to an equivalent credential.

(2) The youth is enrolled in an institution that provides postsecondary or vocational education.

(3) The youth is participating in a program or activity designed to promote employment or remove barriers to employment.

(4) The youth is employed for at least 80 hours per month.

(5) The youth is incapable of doing any part of the activities described in items (1) through (4) due to a medical condition. This assertion of incapacity must be supported by regularly updated information in the youth's case plan.

Section 25. Voluntary foster care agreement. If a youth chooses to participate in extended foster care services and meets the eligibility criteria set forth in Section 20, the Department and the youth shall sign a voluntary foster care agreement that shall include, at a minimum, information regarding all of the following:

(1) The obligation for the youth to continue to meet the conditions for eligibility described in Section 20 for the duration of the voluntary foster care agreement.

(2) Any obligation considered necessary by the Department for the youth to continue to receive extended foster care services.

(3) Any obligation considered necessary by the Department to facilitate the youth's continued success in the program.

(4) Termination of a voluntary foster care agreement and program participation as described in Section 55.

(5) The voluntary nature of the youth's participation in receiving extended foster care services.

Section 30. Extended foster care services. As soon as the Department determines that a youth is eligible under Section 20 and the youth signs the voluntary foster care agreement described in Section 25, the Department may provide extended foster care services to the youth in accordance with this Act.

Section 35. Written report. Within 150 days after the voluntary foster care agreement is signed, the Department shall file with the court in the county where the youth resides a written report that shall contain all of the following:

(1) The youth's name, date of birth, race, gender, and current address.

(2) A statement of facts that supports the voluntary foster care agreement and includes both of the following:

(A) The reasonable efforts made to achieve permanency for the youth.

(B) The reasons why it remains in the youth's best interests to continue in voluntary foster care.

(3) A copy of the signed voluntary foster care agreement.

(4) Any other information the Department or the youth wants the court to consider.

Section 40. Young adult voluntary foster care case. The court has the jurisdiction to review the voluntary foster care agreement signed by the Department and the youth in Section 25. Upon the filing of a report under Section 35, the court shall open a young adult voluntary foster care case for the purpose of determining whether continuing in voluntary foster care is in the youth's best interests. The court shall make that determination not later than 21 days after the date the report was filed as described in Section 15.

Section 45. Closed young adult voluntary foster care case. Following the court's determination in Section 40, the court shall close the young adult voluntary foster care case and the Department shall provide extended foster care services to the youth in accordance with this Act.

Section 50. Periodic case reviews. The Department shall conduct periodic case reviews not less than once every 180 days to address the status of the youth's safety, continuing necessity and appropriateness of placement, extent of compliance with the case plan, and projected date by which the youth may no longer require extended foster care services.

Section 55. Termination of voluntary foster care agreement.

(a) A youth may choose to terminate the voluntary foster care agreement and stop receiving extended foster care services at any time.

(b) If, at any time, the Department determines that the youth is not in compliance with the voluntary foster care agreement or any program requirements, the Department may terminate the voluntary foster care agreement with the youth and stop providing extended foster care services to the youth. The Department shall provide written or electronic notice to the youth regarding termination of the voluntary foster care agreement and the youth's participation in the program.