Bill Status of HB3507  99th General Assembly

Short Description:  DCFS-PLACEMENT-GRANDPARENTS

House Sponsors
Rep. Robyn Gabel - Sara Feigenholtz - Carol Ammons - Jehan Gordon-Booth - Litesa E. Wallace, Cynthia Soto, Will Guzzardi, Kenneth Dunkin, La Shawn K. Ford, Camille Y. Lilly and Kelly M. Cassidy

Senate Sponsors
(Sen. Donne E. Trotter - Julie A. Morrison - Mattie Hunter - Iris Y. Martinez - Patricia Van Pelt, William Delgado, Terry Link, Jacqueline Y. Collins, Don Harmon and Martin A. Sandoval)

Last Action
DateChamber Action
  9/9/2015HouseTotal Veto Stands - No Positive Action Taken

Statutes Amended In Order of Appearance
20 ILCS 505/7from Ch. 23, par. 5007


Synopsis As Introduced
Amends the Children and Family Services Act. Provides that when the Department of Children and Family Services first assumes custody of a child, in placing that child, the Department shall make reasonable efforts to "identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are" ready, willing, and able to care for the child (rather than the Department shall make reasonable efforts to identify and locate a relative who is ready, willing, and able to care for the child).

House Committee Amendment No. 1
Deletes reference to:
20 ILCS 505/7
Adds reference to:
20 ILCS 505/2.1
20 ILCS 505/5from Ch. 23, par. 5005
705 ILCS 405/2-23from Ch. 37, par. 802-23
705 ILCS 405/2-28from Ch. 37, par. 802-28
705 ILCS 405/2-31from Ch. 37, par. 802-31

Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall provide, as required by the Act or any applicable State or federal law, child welfare services aimed at assisting minors in achieving sustainable self-sufficiency as adults for any minor for whom the Department is appointed the custodian or guardian pursuant to the Juvenile Court Act of 1987. Provides that such services shall include, but shall not be limited to: transitional living programs; independent living programs; educational assistance, including Youth in College, community college tuition waivers, and scholarships awarded by the Department; case management; mentoring; Youth in Employment; counseling; support and services for pregnant and parenting youth; sibling and parent visitation services and support; vocational training; and, as appropriate, transitioning youth to appropriate adult placement services and guardianship and any other service included in the youth's case plan. Provides that this provision shall not be interpreted as creating a new obligation of the Department to provide services, but as recognizing an existing and continuing obligation to provide services to youth in the Department's care, including those between the ages of 18 and 21 and those over the age of 21 receiving assistance through scholarships awarded by the Department and Youth in College programs, and any other applicable programs. Makes other changes. Amends the Juvenile Court Act of 1987. In provisions concerning dispositional orders made in respect of wards of the court and permanency hearings, deletes language providing that unless otherwise specifically authorized by law, the court is not empowered to order specific placements, specific services, or specific service providers to be included in the child's service plan. In provisions concerning the duration of wardship and the discharge of proceedings, provides that all proceedings under the Act automatically terminate upon the minor attaining the age of 21; and that the clerk of the court shall at that time record all proceedings as finally closed and discharged for that reason (rather than all proceedings under the Act in respect of any minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminate upon his attaining the age of 19 years, except that a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence presented to the court and the court makes written factual findings that the health, safety, and best interest of the minor and the public require the continuation of the wardship). Provides that in ruling on a motion by any party requesting that the case of a minor over the age of 18 be closed to independence, the court, upon the request of any party, shall conduct a permanency hearing instanter; and that after conducting the permanency hearing, the court is authorized to enter any orders necessary to assist the minor in preparing to live independently, including orders requiring the Department of Children and Family Services to provide services and placement. Deletes a provision allowing for the automatic termination of the wardship of a minor and any custodianship or guardianship respecting the minor for whom a petition was filed after a specified date when the minor attains the age of 19 years.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Children & Family Services)
 HB 3507 (H-AM 1) would have three types of impact on the Department's budget. First, it provides additional statutory requirements regarding the $100 million in projected service expenditures for young adults aged 18 and over. Secondly, it creates substantial new financial liabilities by expanding the number of lawsuits that can be brought against the State; and providing judges the ability to order specific services independent of the State procurement system. Thirdly, it further disincentivizes youth from engaging in services and would significantly reduce the Department's federal return.

House Floor Amendment No. 2
Deletes reference to:
20 ILCS 505/2.1

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1, but with the following change: In a provision requiring the Department of Children and Family Services to ensure a sufficient number of placement and other resources of sufficient quality and variety to meet the needs of children and families as specified in the individual case plan, restores language providing that nothing shall be construed to create a private right of action or a judicially enforceable claim on the part of any individual or agency.

Actions 
DateChamber Action
  2/26/2015HouseFiled with the Clerk by Rep. Robyn Gabel
  2/26/2015HouseFirst Reading
  2/26/2015HouseReferred to Rules Committee
  3/10/2015HouseAssigned to Judiciary - Criminal Committee
  3/23/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Robyn Gabel
  3/23/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2015HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/24/2015HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/24/2015HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 009-006-000
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/26/2015HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Ron Sandack
  3/31/2015HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/14/2015HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  4/15/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Robyn Gabel
  4/15/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/16/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/16/2015HouseAdded Chief Co-Sponsor Rep. Carol Ammons
  4/16/2015HouseAdded Chief Co-Sponsor Rep. Jehan Gordon-Booth
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHouse Floor Amendment No. 2 Adopted
  4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2015HouseThird Reading - Short Debate - Passed 061-003-044
  4/23/2015HouseAdded Chief Co-Sponsor Rep. Litesa E. Wallace
  4/23/2015HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/23/2015HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/23/2015HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  4/23/2015HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/23/2015HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/23/2015HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/28/2015SenateArrive in Senate
  4/28/2015SenatePlaced on Calendar Order of First Reading
  4/28/2015SenateChief Senate Sponsor Sen. Donne E. Trotter
  4/28/2015SenateFirst Reading
  4/28/2015SenateReferred to Assignments
  4/29/2015SenateAssigned to Human Services
  5/5/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
  5/6/2015SenatePostponed - Human Services
  5/6/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/12/2015SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/13/2015SenateDo Pass Human Services; 005-003-001
  5/13/2015SenatePlaced on Calendar Order of 2nd Reading May 14, 2015
  5/13/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  5/14/2015SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  5/14/2015SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  5/18/2015SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/19/2015SenateSecond Reading
  5/19/2015SenatePlaced on Calendar Order of 3rd Reading May 20, 2015
  5/22/2015SenateRule 2-10 Third Reading Deadline Established As May 31, 2015
  5/26/2015SenateAdded as Alternate Co-Sponsor Sen. Don Harmon
  5/26/2015SenateThird Reading - Passed; 035-021-000
  5/26/2015SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/26/2015HousePassed Both Houses
  6/24/2015HouseSent to the Governor
  8/21/2015HouseGovernor Vetoed
  8/25/2015HousePlaced on Calendar Total Veto August 25, 2015
  8/25/2015HouseMotion Filed Override Governor Veto Rep. Robyn Gabel
  9/2/2015House3/5 Vote Required
  9/2/2015HouseOverride Governor Veto - House Lost 066-008-030
  9/9/2015HouseTotal Veto Stands - No Positive Action Taken