Illinois General Assembly - Full Text of HB4206
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Full Text of HB4206  102nd General Assembly

HB4206 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4206

 

Introduced 1/5/2022, by Rep. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 335/12  from Ch. 124, par. 32
20 ILCS 505/5  from Ch. 23, par. 5005
305 ILCS 5/5-2  from Ch. 23, par. 5-2
705 ILCS 405/2-23  from Ch. 37, par. 802-23
705 ILCS 405/2-31  from Ch. 37, par. 802-31
705 ILCS 405/2-33
705 ILCS 405/2-34

    Amends the Children and Family Services Act. Redefines the term "children" to include persons under the age of 23 (rather than 21) who were committed to the Department of Children and Family Services pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court. Requires the Department to provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement to wardship pursuant to the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 23 (rather than 21). Makes conforming changes in the Juvenile Court Act of 1987, the Illinois Identification Card Act, and the Medical Assistance Article of the Illinois Public Aid Code.


LRB102 19920 KTG 28698 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4206LRB102 19920 KTG 28698 b

1    AN ACT concerning foster youth.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Identification Card Act is amended
5by changing Section 12 as follows:
 
6    (15 ILCS 335/12)  (from Ch. 124, par. 32)
7    Sec. 12. Fees concerning standard Illinois Identification
8Cards. The fees required under this Act for standard Illinois
9Identification Cards must accompany any application provided
10for in this Act, and the Secretary shall collect such fees as
11follows:
12    a. Original card...............................$20
13    b. Renewal card................................20
14    c. Corrected card..............................10
15    d. Duplicate card..............................20
16    e. Certified copy with seal ...................5
17    f. (Blank)
18    g. Applicant 65 years of age or over ..........No Fee
19    h. (Blank)
20    i. Individual living in Veterans
21        Home or Hospital ...........................No Fee
22    j. Original card under 18 years of age..........$5
23    k. Renewal card under 18 years of age...........$5

 

 

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1    l. Corrected card under 18 years of age.........$5
2    m. Duplicate card under 18 years of age.........$5
3    n. Homeless person..............................No Fee
4    o. Duplicate card issued to an active-duty
5        member of the United States Armed Forces,
6        the member's spouse, or dependent
7        children living with the member.............No Fee
8    p. Duplicate temporary card.....................$5
9    q. First card issued to a youth
10        for whom the Department of Children
11        and Family Services is legally responsible
12        or a foster child upon turning the age of
13        16 years old until he or she reaches
14        the age of 23 21 years old................... No Fee
15    r. Original card issued to a committed
16        person upon release on parole,
17        mandatory supervised release,
18        aftercare release, final
19        discharge, or pardon from the
20        Department of Corrections or
21        Department of Juvenile Justice..............No Fee
22    s. Limited-term Illinois Identification
23        Card issued to a committed person
24        upon release on parole, mandatory
25        supervised release, aftercare
26        release, final discharge, or pardon

 

 

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1        from the Department of
2        Corrections or Department of
3        Juvenile Justice............................No Fee
4    t. Original card issued to a
5        person up to 14 days prior
6        to or upon conditional release
7        or absolute discharge from
8        the Department of Human Services............ No Fee
9    u. Limited-term Illinois Identification
10        Card issued to a person up to
11        14 days prior to or upon
12        conditional release or absolute discharge
13        from the Department of Human Services....... No Fee
14    All fees collected under this Act shall be paid into the
15Road Fund of the State treasury, except that the following
16amounts shall be paid into the General Revenue Fund: (i) 80% of
17the fee for an original, renewal, or duplicate Illinois
18Identification Card issued on or after January 1, 2005; and
19(ii) 80% of the fee for a corrected Illinois Identification
20Card issued on or after January 1, 2005.
21    An individual, who resides in a veterans home or veterans
22hospital operated by the State or federal government, who
23makes an application for an Illinois Identification Card to be
24issued at no fee, must submit, along with the application, an
25affirmation by the applicant on a form provided by the
26Secretary of State, that such person resides in a veterans

 

 

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1home or veterans hospital operated by the State or federal
2government.
3    The application of a homeless individual for an Illinois
4Identification Card to be issued at no fee must be accompanied
5by an affirmation by a qualified person, as defined in Section
64C of this Act, on a form provided by the Secretary of State,
7that the applicant is currently homeless as defined in Section
81A of this Act.
9    For the application for the first Illinois Identification
10Card of a youth for whom the Department of Children and Family
11Services is legally responsible or a foster child to be issued
12at no fee, the youth must submit, along with the application,
13an affirmation by his or her court appointed attorney or an
14employee of the Department of Children and Family Services on
15a form provided by the Secretary of State, that the person is a
16youth for whom the Department of Children and Family Services
17is legally responsible or a foster child.
18    The fee for any duplicate identification card shall be
19waived for any person who presents the Secretary of State's
20Office with a police report showing that his or her
21identification card was stolen.
22    The fee for any duplicate identification card shall be
23waived for any person age 60 or older whose identification
24card has been lost or stolen.
25    As used in this Section, "active-duty member of the United
26States Armed Forces" means a member of the Armed Services or

 

 

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1Reserve Forces of the United States or a member of the Illinois
2National Guard who is called to active duty pursuant to an
3executive order of the President of the United States, an act
4of the Congress of the United States, or an order of the
5Governor.
6(Source: P.A. 100-201, eff. 8-18-17; 100-717, eff. 7-1-19;
7100-827, eff. 8-13-18; 101-81, eff. 7-12-19; 101-232, eff.
81-1-20.)
 
9    Section 5. The Children and Family Services Act is amended
10by changing Section 5 as follows:
 
11    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
12    Sec. 5. Direct child welfare services; Department of
13Children and Family Services. To provide direct child welfare
14services when not available through other public or private
15child care or program facilities.
16    (a) For purposes of this Section:
17        (1) "Children" means persons found within the State
18    who are under the age of 18 years. The term also includes
19    persons under age 23 21 who:
20            (A) were committed to the Department pursuant to
21        the Juvenile Court Act or the Juvenile Court Act of
22        1987 and who continue under the jurisdiction of the
23        court; or
24            (B) were accepted for care, service and training

 

 

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1        by the Department prior to the age of 18 and whose best
2        interest in the discretion of the Department would be
3        served by continuing that care, service and training
4        because of severe emotional disturbances, physical
5        disability, social adjustment or any combination
6        thereof, or because of the need to complete an
7        educational or vocational training program.
8        (2) "Homeless youth" means persons found within the
9    State who are under the age of 19, are not in a safe and
10    stable living situation and cannot be reunited with their
11    families.
12        (3) "Child welfare services" means public social
13    services which are directed toward the accomplishment of
14    the following purposes:
15            (A) protecting and promoting the health, safety
16        and welfare of children, including homeless,
17        dependent, or neglected children;
18            (B) remedying, or assisting in the solution of
19        problems which may result in, the neglect, abuse,
20        exploitation, or delinquency of children;
21            (C) preventing the unnecessary separation of
22        children from their families by identifying family
23        problems, assisting families in resolving their
24        problems, and preventing the breakup of the family
25        where the prevention of child removal is desirable and
26        possible when the child can be cared for at home

 

 

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

 

 

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1        training, in an approved individual or group treatment
2        program, in a licensed shelter facility, or secure
3        child care facility. The Department is not required to
4        place or maintain children:
5                (i) who are in a foster home, or
6                (ii) who are persons with a developmental
7            disability, as defined in the Mental Health and
8            Developmental Disabilities Code, or
9                (iii) who are female children who are
10            pregnant, pregnant and parenting, or parenting, or
11                (iv) who are siblings, in facilities that
12            provide separate living quarters for children 18
13            years of age and older and for children under 18
14            years of age.
15    (b) (Blank).
16    (c) The Department shall establish and maintain
17tax-supported child welfare services and extend and seek to
18improve voluntary services throughout the State, to the end
19that services and care shall be available on an equal basis
20throughout the State to children requiring such services.
21    (d) The Director may authorize advance disbursements for
22any new program initiative to any agency contracting with the
23Department. As a prerequisite for an advance disbursement, the
24contractor must post a surety bond in the amount of the advance
25disbursement and have a purchase of service contract approved
26by the Department. The Department may pay up to 2 months

 

 

HB4206- 9 -LRB102 19920 KTG 28698 b

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

 

 

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1        (8) (blank);
2        (9) placement under Section 5-7 of the Juvenile Court
3    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
4    Court Act of 1987 in accordance with the federal Adoption
5    Assistance and Child Welfare Act of 1980; and
6        (10) interstate services.
7    Rules and regulations established by the Department shall
8include provisions for training Department staff and the staff
9of Department grantees, through contracts with other agencies
10or resources, in screening techniques to identify substance
11use disorders, as defined in the Substance Use Disorder Act,
12approved by the Department of Human Services, as a successor
13to the Department of Alcoholism and Substance Abuse, for the
14purpose of identifying children and adults who should be
15referred for an assessment at an organization appropriately
16licensed by the Department of Human Services for substance use
17disorder treatment.
18    (h) If the Department finds that there is no appropriate
19program or facility within or available to the Department for
20a youth in care and that no licensed private facility has an
21adequate and appropriate program or none agrees to accept the
22youth in care, the Department shall create an appropriate
23individualized, program-oriented plan for such youth in care.
24The plan may be developed within the Department or through
25purchase of services by the Department to the extent that it is
26within its statutory authority to do.

 

 

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1    (i) Service programs shall be available throughout the
2State and shall include but not be limited to the following
3services:
4        (1) case management;
5        (2) homemakers;
6        (3) counseling;
7        (4) parent education;
8        (5) day care; and
9        (6) emergency assistance and advocacy.
10    In addition, the following services may be made available
11to assess and meet the needs of children and families:
12        (1) comprehensive family-based services;
13        (2) assessments;
14        (3) respite care; and
15        (4) in-home health services.
16    The Department shall provide transportation for any of the
17services it makes available to children or families or for
18which it refers children or families.
19    (j) The Department may provide categories of financial
20assistance and education assistance grants, and shall
21establish rules and regulations concerning the assistance and
22grants, to persons who adopt children with physical or mental
23disabilities, children who are older, or other hard-to-place
24children who (i) immediately prior to their adoption were
25youth in care or (ii) were determined eligible for financial
26assistance with respect to a prior adoption and who become

 

 

HB4206- 12 -LRB102 19920 KTG 28698 b

1available for adoption because the prior adoption has been
2dissolved and the parental rights of the adoptive parents have
3been terminated or because the child's adoptive parents have
4died. The Department may continue to provide financial
5assistance and education assistance grants for a child who was
6determined eligible for financial assistance under this
7subsection (j) in the interim period beginning when the
8child's adoptive parents died and ending with the finalization
9of the new adoption of the child by another adoptive parent or
10parents. The Department may also provide categories of
11financial assistance and education assistance grants, and
12shall establish rules and regulations for the assistance and
13grants, to persons appointed guardian of the person under
14Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
154-25, or 5-740 of the Juvenile Court Act of 1987 for children
16who were youth in care for 12 months immediately prior to the
17appointment of the guardian.
18    The amount of assistance may vary, depending upon the
19needs of the child and the adoptive parents, as set forth in
20the annual assistance agreement. Special purpose grants are
21allowed where the child requires special service but such
22costs may not exceed the amounts which similar services would
23cost the Department if it were to provide or secure them as
24guardian of the child.
25    Any financial assistance provided under this subsection is
26inalienable by assignment, sale, execution, attachment,

 

 

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1garnishment, or any other remedy for recovery or collection of
2a judgment or debt.
3    (j-5) The Department shall not deny or delay the placement
4of a child for adoption if an approved family is available
5either outside of the Department region handling the case, or
6outside of the State of Illinois.
7    (k) The Department shall accept for care and training any
8child who has been adjudicated neglected or abused, or
9dependent committed to it pursuant to the Juvenile Court Act
10or the Juvenile Court Act of 1987.
11    (l) The Department shall offer family preservation
12services, as defined in Section 8.2 of the Abused and
13Neglected Child Reporting Act, to help families, including
14adoptive and extended families. Family preservation services
15shall be offered (i) to prevent the placement of children in
16substitute care when the children can be cared for at home or
17in the custody of the person responsible for the children's
18welfare, (ii) to reunite children with their families, or
19(iii) to maintain an adoptive placement. Family preservation
20services shall only be offered when doing so will not endanger
21the children's health or safety. With respect to children who
22are in substitute care pursuant to the Juvenile Court Act of
231987, family preservation services shall not be offered if a
24goal other than those of subdivisions (A), (B), or (B-1) of
25subsection (2) of Section 2-28 of that Act has been set, except
26that reunification services may be offered as provided in

 

 

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1paragraph (F) of subsection (2) of Section 2-28 of that Act.
2Nothing in this paragraph shall be construed to create a
3private right of action or claim on the part of any individual
4or child welfare agency, except that when a child is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the child's service plan calls for services to
7facilitate achievement of the permanency goal, the court
8hearing the action under Article II of the Juvenile Court Act
9of 1987 may order the Department to provide the services set
10out in the plan, if those services are not provided with
11reasonable promptness and if those services are available.
12    The Department shall notify the child and his family of
13the Department's responsibility to offer and provide family
14preservation services as identified in the service plan. The
15child and his family shall be eligible for services as soon as
16the report is determined to be "indicated". The Department may
17offer services to any child or family with respect to whom a
18report of suspected child abuse or neglect has been filed,
19prior to concluding its investigation under Section 7.12 of
20the Abused and Neglected Child Reporting Act. However, the
21child's or family's willingness to accept services shall not
22be considered in the investigation. The Department may also
23provide services to any child or family who is the subject of
24any report of suspected child abuse or neglect or may refer
25such child or family to services available from other agencies
26in the community, even if the report is determined to be

 

 

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1unfounded, if the conditions in the child's or family's home
2are reasonably likely to subject the child or family to future
3reports of suspected child abuse or neglect. Acceptance of
4such services shall be voluntary. The Department may also
5provide services to any child or family after completion of a
6family assessment, as an alternative to an investigation, as
7provided under the "differential response program" provided
8for in subsection (a-5) of Section 7.4 of the Abused and
9Neglected Child Reporting Act.
10    The Department may, at its discretion except for those
11children also adjudicated neglected or dependent, accept for
12care and training any child who has been adjudicated addicted,
13as a truant minor in need of supervision or as a minor
14requiring authoritative intervention, under the Juvenile Court
15Act or the Juvenile Court Act of 1987, but no such child shall
16be committed to the Department by any court without the
17approval of the Department. On and after January 1, 2015 (the
18effective date of Public Act 98-803) and before January 1,
192017, a minor charged with a criminal offense under the
20Criminal Code of 1961 or the Criminal Code of 2012 or
21adjudicated delinquent shall not be placed in the custody of
22or committed to the Department by any court, except (i) a minor
23less than 16 years of age committed to the Department under
24Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
25for whom an independent basis of abuse, neglect, or dependency
26exists, which must be defined by departmental rule, or (iii) a

 

 

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1minor for whom the court has granted a supplemental petition
2to reinstate wardship pursuant to subsection (2) of Section
32-33 of the Juvenile Court Act of 1987. On and after January 1,
42017, a minor charged with a criminal offense under the
5Criminal Code of 1961 or the Criminal Code of 2012 or
6adjudicated delinquent shall not be placed in the custody of
7or committed to the Department by any court, except (i) a minor
8less than 15 years of age committed to the Department under
9Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
10for whom an independent basis of abuse, neglect, or dependency
11exists, which must be defined by departmental rule, or (iii) a
12minor for whom the court has granted a supplemental petition
13to reinstate wardship pursuant to subsection (2) of Section
142-33 of the Juvenile Court Act of 1987. An independent basis
15exists when the allegations or adjudication of abuse, neglect,
16or dependency do not arise from the same facts, incident, or
17circumstances which give rise to a charge or adjudication of
18delinquency. The Department shall assign a caseworker to
19attend any hearing involving a youth in the care and custody of
20the Department who is placed on aftercare release, including
21hearings involving sanctions for violation of aftercare
22release conditions and aftercare release revocation hearings.
23    As soon as is possible after August 7, 2009 (the effective
24date of Public Act 96-134), the Department shall develop and
25implement a special program of family preservation services to
26support intact, foster, and adoptive families who are

 

 

HB4206- 17 -LRB102 19920 KTG 28698 b

1experiencing extreme hardships due to the difficulty and
2stress of caring for a child who has been diagnosed with a
3pervasive developmental disorder if the Department determines
4that those services are necessary to ensure the health and
5safety of the child. The Department may offer services to any
6family whether or not a report has been filed under the Abused
7and Neglected Child Reporting Act. The Department may refer
8the child or family to services available from other agencies
9in the community if the conditions in the child's or family's
10home are reasonably likely to subject the child or family to
11future reports of suspected child abuse or neglect. Acceptance
12of these services shall be voluntary. The Department shall
13develop and implement a public information campaign to alert
14health and social service providers and the general public
15about these special family preservation services. The nature
16and scope of the services offered and the number of families
17served under the special program implemented under this
18paragraph shall be determined by the level of funding that the
19Department annually allocates for this purpose. The term
20"pervasive developmental disorder" under this paragraph means
21a neurological condition, including, but not limited to,
22Asperger's Syndrome and autism, as defined in the most recent
23edition of the Diagnostic and Statistical Manual of Mental
24Disorders of the American Psychiatric Association.
25    (l-1) The legislature recognizes that the best interests
26of the child require that the child be placed in the most

 

 

HB4206- 18 -LRB102 19920 KTG 28698 b

1permanent living arrangement as soon as is practically
2possible. To achieve this goal, the legislature directs the
3Department of Children and Family Services to conduct
4concurrent planning so that permanency may occur at the
5earliest opportunity. Permanent living arrangements may
6include prevention of placement of a child outside the home of
7the family when the child can be cared for at home without
8endangering the child's health or safety; reunification with
9the family, when safe and appropriate, if temporary placement
10is necessary; or movement of the child toward the most
11permanent living arrangement and permanent legal status.
12    When determining reasonable efforts to be made with
13respect to a child, as described in this subsection, and in
14making such reasonable efforts, the child's health and safety
15shall be the paramount concern.
16    When a child is placed in foster care, the Department
17shall ensure and document that reasonable efforts were made to
18prevent or eliminate the need to remove the child from the
19child's home. The Department must make reasonable efforts to
20reunify the family when temporary placement of the child
21occurs unless otherwise required, pursuant to the Juvenile
22Court Act of 1987. At any time after the dispositional hearing
23where the Department believes that further reunification
24services would be ineffective, it may request a finding from
25the court that reasonable efforts are no longer appropriate.
26The Department is not required to provide further

 

 

HB4206- 19 -LRB102 19920 KTG 28698 b

1reunification services after such a finding.
2    A decision to place a child in substitute care shall be
3made with considerations of the child's health, safety, and
4best interests. At the time of placement, consideration should
5also be given so that if reunification fails or is delayed, the
6placement made is the best available placement to provide
7permanency for the child.
8    The Department shall adopt rules addressing concurrent
9planning for reunification and permanency. The Department
10shall consider the following factors when determining
11appropriateness of concurrent planning:
12        (1) the likelihood of prompt reunification;
13        (2) the past history of the family;
14        (3) the barriers to reunification being addressed by
15    the family;
16        (4) the level of cooperation of the family;
17        (5) the foster parents' willingness to work with the
18    family to reunite;
19        (6) the willingness and ability of the foster family
20    to provide an adoptive home or long-term placement;
21        (7) the age of the child;
22        (8) placement of siblings.
23    (m) The Department may assume temporary custody of any
24child if:
25        (1) it has received a written consent to such
26    temporary custody signed by the parents of the child or by

 

 

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1    the parent having custody of the child if the parents are
2    not living together or by the guardian or custodian of the
3    child if the child is not in the custody of either parent,
4    or
5        (2) the child is found in the State and neither a
6    parent, guardian nor custodian of the child can be
7    located.
8If the child is found in his or her residence without a parent,
9guardian, custodian, or responsible caretaker, the Department
10may, instead of removing the child and assuming temporary
11custody, place an authorized representative of the Department
12in that residence until such time as a parent, guardian, or
13custodian enters the home and expresses a willingness and
14apparent ability to ensure the child's health and safety and
15resume permanent charge of the child, or until a relative
16enters the home and is willing and able to ensure the child's
17health and safety and assume charge of the child until a
18parent, guardian, or custodian enters the home and expresses
19such willingness and ability to ensure the child's safety and
20resume permanent charge. After a caretaker has remained in the
21home for a period not to exceed 12 hours, the Department must
22follow those procedures outlined in Section 2-9, 3-11, 4-8, or
235-415 of the Juvenile Court Act of 1987.
24    The Department shall have the authority, responsibilities
25and duties that a legal custodian of the child would have
26pursuant to subsection (9) of Section 1-3 of the Juvenile

 

 

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1Court Act of 1987. Whenever a child is taken into temporary
2custody pursuant to an investigation under the Abused and
3Neglected Child Reporting Act, or pursuant to a referral and
4acceptance under the Juvenile Court Act of 1987 of a minor in
5limited custody, the Department, during the period of
6temporary custody and before the child is brought before a
7judicial officer as required by Section 2-9, 3-11, 4-8, or
85-415 of the Juvenile Court Act of 1987, shall have the
9authority, responsibilities and duties that a legal custodian
10of the child would have under subsection (9) of Section 1-3 of
11the Juvenile Court Act of 1987.
12    The Department shall ensure that any child taken into
13custody is scheduled for an appointment for a medical
14examination.
15    A parent, guardian, or custodian of a child in the
16temporary custody of the Department who would have custody of
17the child if he were not in the temporary custody of the
18Department may deliver to the Department a signed request that
19the Department surrender the temporary custody of the child.
20The Department may retain temporary custody of the child for
2110 days after the receipt of the request, during which period
22the Department may cause to be filed a petition pursuant to the
23Juvenile Court Act of 1987. If a petition is so filed, the
24Department shall retain temporary custody of the child until
25the court orders otherwise. If a petition is not filed within
26the 10-day period, the child shall be surrendered to the

 

 

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1custody of the requesting parent, guardian, or custodian not
2later than the expiration of the 10-day period, at which time
3the authority and duties of the Department with respect to the
4temporary custody of the child shall terminate.
5    (m-1) The Department may place children under 18 years of
6age in a secure child care facility licensed by the Department
7that cares for children who are in need of secure living
8arrangements for their health, safety, and well-being after a
9determination is made by the facility director and the
10Director or the Director's designate prior to admission to the
11facility subject to Section 2-27.1 of the Juvenile Court Act
12of 1987. This subsection (m-1) does not apply to a child who is
13subject to placement in a correctional facility operated
14pursuant to Section 3-15-2 of the Unified Code of Corrections,
15unless the child is a youth in care who was placed in the care
16of the Department before being subject to placement in a
17correctional facility and a court of competent jurisdiction
18has ordered placement of the child in a secure care facility.
19    (n) The Department may place children under 18 years of
20age in licensed child care facilities when in the opinion of
21the Department, appropriate services aimed at family
22preservation have been unsuccessful and cannot ensure the
23child's health and safety or are unavailable and such
24placement would be for their best interest. Payment for board,
25clothing, care, training and supervision of any child placed
26in a licensed child care facility may be made by the

 

 

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1Department, by the parents or guardians of the estates of
2those children, or by both the Department and the parents or
3guardians, except that no payments shall be made by the
4Department for any child placed in a licensed child care
5facility for board, clothing, care, training and supervision
6of such a child that exceed the average per capita cost of
7maintaining and of caring for a child in institutions for
8dependent or neglected children operated by the Department.
9However, such restriction on payments does not apply in cases
10where children require specialized care and treatment for
11problems of severe emotional disturbance, physical disability,
12social adjustment, or any combination thereof and suitable
13facilities for the placement of such children are not
14available at payment rates within the limitations set forth in
15this Section. All reimbursements for services delivered shall
16be absolutely inalienable by assignment, sale, attachment, or
17garnishment or otherwise.
18    (n-1) The Department shall provide or authorize child
19welfare services, aimed at assisting minors to achieve
20sustainable self-sufficiency as independent adults, for any
21minor eligible for the reinstatement of wardship pursuant to
22subsection (2) of Section 2-33 of the Juvenile Court Act of
231987, whether or not such reinstatement is sought or allowed,
24provided that the minor consents to such services and has not
25yet attained the age of 23 21. The Department shall have
26responsibility for the development and delivery of services

 

 

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1under this Section. An eligible youth may access services
2under this Section through the Department of Children and
3Family Services or by referral from the Department of Human
4Services. Youth participating in services under this Section
5shall cooperate with the assigned case manager in developing
6an agreement identifying the services to be provided and how
7the youth will increase skills to achieve self-sufficiency. A
8homeless shelter is not considered appropriate housing for any
9youth receiving child welfare services under this Section. The
10Department shall continue child welfare services under this
11Section to any eligible minor until the minor becomes 23 21
12years of age, no longer consents to participate, or achieves
13self-sufficiency as identified in the minor's service plan.
14The Department of Children and Family Services shall create
15clear, readable notice of the rights of former foster youth to
16child welfare services under this Section and how such
17services may be obtained. The Department of Children and
18Family Services and the Department of Human Services shall
19disseminate this information statewide. The Department shall
20adopt regulations describing services intended to assist
21minors in achieving sustainable self-sufficiency as
22independent adults.
23    (o) The Department shall establish an administrative
24review and appeal process for children and families who
25request or receive child welfare services from the Department.
26Youth in care who are placed by private child welfare

 

 

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1agencies, and foster families with whom those youth are
2placed, shall be afforded the same procedural and appeal
3rights as children and families in the case of placement by the
4Department, including the right to an initial review of a
5private agency decision by that agency. The Department shall
6ensure that any private child welfare agency, which accepts
7youth in care for placement, affords those rights to children
8and foster families. The Department shall accept for
9administrative review and an appeal hearing a complaint made
10by (i) a child or foster family concerning a decision
11following an initial review by a private child welfare agency
12or (ii) a prospective adoptive parent who alleges a violation
13of subsection (j-5) of this Section. An appeal of a decision
14concerning a change in the placement of a child shall be
15conducted in an expedited manner. A court determination that a
16current foster home placement is necessary and appropriate
17under Section 2-28 of the Juvenile Court Act of 1987 does not
18constitute a judicial determination on the merits of an
19administrative appeal, filed by a former foster parent,
20involving a change of placement decision.
21    (p) (Blank).
22    (q) The Department may receive and use, in their entirety,
23for the benefit of children any gift, donation, or bequest of
24money or other property which is received on behalf of such
25children, or any financial benefits to which such children are
26or may become entitled while under the jurisdiction or care of

 

 

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1the Department.
2    The Department shall set up and administer no-cost,
3interest-bearing accounts in appropriate financial
4institutions for children for whom the Department is legally
5responsible and who have been determined eligible for
6Veterans' Benefits, Social Security benefits, assistance
7allotments from the armed forces, court ordered payments,
8parental voluntary payments, Supplemental Security Income,
9Railroad Retirement payments, Black Lung benefits, or other
10miscellaneous payments. Interest earned by each account shall
11be credited to the account, unless disbursed in accordance
12with this subsection.
13    In disbursing funds from children's accounts, the
14Department shall:
15        (1) Establish standards in accordance with State and
16    federal laws for disbursing money from children's
17    accounts. In all circumstances, the Department's
18    "Guardianship Administrator" or his or her designee must
19    approve disbursements from children's accounts. The
20    Department shall be responsible for keeping complete
21    records of all disbursements for each account for any
22    purpose.
23        (2) Calculate on a monthly basis the amounts paid from
24    State funds for the child's board and care, medical care
25    not covered under Medicaid, and social services; and
26    utilize funds from the child's account, as covered by

 

 

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1    regulation, to reimburse those costs. Monthly,
2    disbursements from all children's accounts, up to 1/12 of
3    $13,000,000, shall be deposited by the Department into the
4    General Revenue Fund and the balance over 1/12 of
5    $13,000,000 into the DCFS Children's Services Fund.
6        (3) Maintain any balance remaining after reimbursing
7    for the child's costs of care, as specified in item (2).
8    The balance shall accumulate in accordance with relevant
9    State and federal laws and shall be disbursed to the child
10    or his or her guardian, or to the issuing agency.
11    (r) The Department shall promulgate regulations
12encouraging all adoption agencies to voluntarily forward to
13the Department or its agent names and addresses of all persons
14who have applied for and have been approved for adoption of a
15hard-to-place child or child with a disability and the names
16of such children who have not been placed for adoption. A list
17of such names and addresses shall be maintained by the
18Department or its agent, and coded lists which maintain the
19confidentiality of the person seeking to adopt the child and
20of the child shall be made available, without charge, to every
21adoption agency in the State to assist the agencies in placing
22such children for adoption. The Department may delegate to an
23agent its duty to maintain and make available such lists. The
24Department shall ensure that such agent maintains the
25confidentiality of the person seeking to adopt the child and
26of the child.

 

 

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1    (s) The Department of Children and Family Services may
2establish and implement a program to reimburse Department and
3private child welfare agency foster parents licensed by the
4Department of Children and Family Services for damages
5sustained by the foster parents as a result of the malicious or
6negligent acts of foster children, as well as providing third
7party coverage for such foster parents with regard to actions
8of foster children to other individuals. Such coverage will be
9secondary to the foster parent liability insurance policy, if
10applicable. The program shall be funded through appropriations
11from the General Revenue Fund, specifically designated for
12such purposes.
13    (t) The Department shall perform home studies and
14investigations and shall exercise supervision over visitation
15as ordered by a court pursuant to the Illinois Marriage and
16Dissolution of Marriage Act or the Adoption Act only if:
17        (1) an order entered by an Illinois court specifically
18    directs the Department to perform such services; and
19        (2) the court has ordered one or both of the parties to
20    the proceeding to reimburse the Department for its
21    reasonable costs for providing such services in accordance
22    with Department rules, or has determined that neither
23    party is financially able to pay.
24    The Department shall provide written notification to the
25court of the specific arrangements for supervised visitation
26and projected monthly costs within 60 days of the court order.

 

 

HB4206- 29 -LRB102 19920 KTG 28698 b

1The Department shall send to the court information related to
2the costs incurred except in cases where the court has
3determined the parties are financially unable to pay. The
4court may order additional periodic reports as appropriate.
5    (u) In addition to other information that must be
6provided, whenever the Department places a child with a
7prospective adoptive parent or parents, in a licensed foster
8home, group home, or child care institution, or in a relative
9home, the Department shall provide to the prospective adoptive
10parent or parents or other caretaker:
11        (1) available detailed information concerning the
12    child's educational and health history, copies of
13    immunization records (including insurance and medical card
14    information), a history of the child's previous
15    placements, if any, and reasons for placement changes
16    excluding any information that identifies or reveals the
17    location of any previous caretaker;
18        (2) a copy of the child's portion of the client
19    service plan, including any visitation arrangement, and
20    all amendments or revisions to it as related to the child;
21    and
22        (3) information containing details of the child's
23    individualized educational plan when the child is
24    receiving special education services.
25    The caretaker shall be informed of any known social or
26behavioral information (including, but not limited to,

 

 

HB4206- 30 -LRB102 19920 KTG 28698 b

1criminal background, fire setting, perpetuation of sexual
2abuse, destructive behavior, and substance abuse) necessary to
3care for and safeguard the children to be placed or currently
4in the home. The Department may prepare a written summary of
5the information required by this paragraph, which may be
6provided to the foster or prospective adoptive parent in
7advance of a placement. The foster or prospective adoptive
8parent may review the supporting documents in the child's file
9in the presence of casework staff. In the case of an emergency
10placement, casework staff shall at least provide known
11information verbally, if necessary, and must subsequently
12provide the information in writing as required by this
13subsection.
14    The information described in this subsection shall be
15provided in writing. In the case of emergency placements when
16time does not allow prior review, preparation, and collection
17of written information, the Department shall provide such
18information as it becomes available. Within 10 business days
19after placement, the Department shall obtain from the
20prospective adoptive parent or parents or other caretaker a
21signed verification of receipt of the information provided.
22Within 10 business days after placement, the Department shall
23provide to the child's guardian ad litem a copy of the
24information provided to the prospective adoptive parent or
25parents or other caretaker. The information provided to the
26prospective adoptive parent or parents or other caretaker

 

 

HB4206- 31 -LRB102 19920 KTG 28698 b

1shall be reviewed and approved regarding accuracy at the
2supervisory level.
3    (u-5) Effective July 1, 1995, only foster care placements
4licensed as foster family homes pursuant to the Child Care Act
5of 1969 shall be eligible to receive foster care payments from
6the Department. Relative caregivers who, as of July 1, 1995,
7were approved pursuant to approved relative placement rules
8previously promulgated by the Department at 89 Ill. Adm. Code
9335 and had submitted an application for licensure as a foster
10family home may continue to receive foster care payments only
11until the Department determines that they may be licensed as a
12foster family home or that their application for licensure is
13denied or until September 30, 1995, whichever occurs first.
14    (v) The Department shall access criminal history record
15information as defined in the Illinois Uniform Conviction
16Information Act and information maintained in the adjudicatory
17and dispositional record system as defined in Section 2605-355
18of the Illinois State Police Law if the Department determines
19the information is necessary to perform its duties under the
20Abused and Neglected Child Reporting Act, the Child Care Act
21of 1969, and the Children and Family Services Act. The
22Department shall provide for interactive computerized
23communication and processing equipment that permits direct
24on-line communication with the Illinois State Police's central
25criminal history data repository. The Department shall comply
26with all certification requirements and provide certified

 

 

HB4206- 32 -LRB102 19920 KTG 28698 b

1operators who have been trained by personnel from the Illinois
2State Police. In addition, one Office of the Inspector General
3investigator shall have training in the use of the criminal
4history information access system and have access to the
5terminal. The Department of Children and Family Services and
6its employees shall abide by rules and regulations established
7by the Illinois State Police relating to the access and
8dissemination of this information.
9    (v-1) Prior to final approval for placement of a child,
10the Department shall conduct a criminal records background
11check of the prospective foster or adoptive parent, including
12fingerprint-based checks of national crime information
13databases. Final approval for placement shall not be granted
14if the record check reveals a felony conviction for child
15abuse or neglect, for spousal abuse, for a crime against
16children, or for a crime involving violence, including rape,
17sexual assault, or homicide, but not including other physical
18assault or battery, or if there is a felony conviction for
19physical assault, battery, or a drug-related offense committed
20within the past 5 years.
21    (v-2) Prior to final approval for placement of a child,
22the Department shall check its child abuse and neglect
23registry for information concerning prospective foster and
24adoptive parents, and any adult living in the home. If any
25prospective foster or adoptive parent or other adult living in
26the home has resided in another state in the preceding 5 years,

 

 

HB4206- 33 -LRB102 19920 KTG 28698 b

1the Department shall request a check of that other state's
2child abuse and neglect registry.
3    (w) Within 120 days of August 20, 1995 (the effective date
4of Public Act 89-392), the Department shall prepare and submit
5to the Governor and the General Assembly, a written plan for
6the development of in-state licensed secure child care
7facilities that care for children who are in need of secure
8living arrangements for their health, safety, and well-being.
9For purposes of this subsection, secure care facility shall
10mean a facility that is designed and operated to ensure that
11all entrances and exits from the facility, a building or a
12distinct part of the building, are under the exclusive control
13of the staff of the facility, whether or not the child has the
14freedom of movement within the perimeter of the facility,
15building, or distinct part of the building. The plan shall
16include descriptions of the types of facilities that are
17needed in Illinois; the cost of developing these secure care
18facilities; the estimated number of placements; the potential
19cost savings resulting from the movement of children currently
20out-of-state who are projected to be returned to Illinois; the
21necessary geographic distribution of these facilities in
22Illinois; and a proposed timetable for development of such
23facilities.
24    (x) The Department shall conduct annual credit history
25checks to determine the financial history of children placed
26under its guardianship pursuant to the Juvenile Court Act of

 

 

HB4206- 34 -LRB102 19920 KTG 28698 b

11987. The Department shall conduct such credit checks starting
2when a youth in care turns 12 years old and each year
3thereafter for the duration of the guardianship as terminated
4pursuant to the Juvenile Court Act of 1987. The Department
5shall determine if financial exploitation of the child's
6personal information has occurred. If financial exploitation
7appears to have taken place or is presently ongoing, the
8Department shall notify the proper law enforcement agency, the
9proper State's Attorney, or the Attorney General.
10    (y) Beginning on July 22, 2010 (the effective date of
11Public Act 96-1189), a child with a disability who receives
12residential and educational services from the Department shall
13be eligible to receive transition services in accordance with
14Article 14 of the School Code from the age of 14.5 through age
1521, inclusive, notwithstanding the child's residential
16services arrangement. For purposes of this subsection, "child
17with a disability" means a child with a disability as defined
18by the federal Individuals with Disabilities Education
19Improvement Act of 2004.
20    (z) The Department shall access criminal history record
21information as defined as "background information" in this
22subsection and criminal history record information as defined
23in the Illinois Uniform Conviction Information Act for each
24Department employee or Department applicant. Each Department
25employee or Department applicant shall submit his or her
26fingerprints to the Illinois State Police in the form and

 

 

HB4206- 35 -LRB102 19920 KTG 28698 b

1manner prescribed by the Illinois State Police. These
2fingerprints shall be checked against the fingerprint records
3now and hereafter filed in the Illinois State Police and the
4Federal Bureau of Investigation criminal history records
5databases. The Illinois State Police shall charge a fee for
6conducting the criminal history record check, which shall be
7deposited into the State Police Services Fund and shall not
8exceed the actual cost of the record check. The Illinois State
9Police shall furnish, pursuant to positive identification, all
10Illinois conviction information to the Department of Children
11and Family Services.
12    For purposes of this subsection:
13    "Background information" means all of the following:
14        (i) Upon the request of the Department of Children and
15    Family Services, conviction information obtained from the
16    Illinois State Police as a result of a fingerprint-based
17    criminal history records check of the Illinois criminal
18    history records database and the Federal Bureau of
19    Investigation criminal history records database concerning
20    a Department employee or Department applicant.
21        (ii) Information obtained by the Department of
22    Children and Family Services after performing a check of
23    the Illinois State Police's Sex Offender Database, as
24    authorized by Section 120 of the Sex Offender Community
25    Notification Law, concerning a Department employee or
26    Department applicant.

 

 

HB4206- 36 -LRB102 19920 KTG 28698 b

1        (iii) Information obtained by the Department of
2    Children and Family Services after performing a check of
3    the Child Abuse and Neglect Tracking System (CANTS)
4    operated and maintained by the Department.
5    "Department employee" means a full-time or temporary
6employee coded or certified within the State of Illinois
7Personnel System.
8    "Department applicant" means an individual who has
9conditional Department full-time or part-time work, a
10contractor, an individual used to replace or supplement staff,
11an academic intern, a volunteer in Department offices or on
12Department contracts, a work-study student, an individual or
13entity licensed by the Department, or an unlicensed service
14provider who works as a condition of a contract or an agreement
15and whose work may bring the unlicensed service provider into
16contact with Department clients or client records.
17(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
18101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
198-20-21.)
 
20    Section 10. The Illinois Public Aid Code is amended by
21changing Section 5-2 as follows:
 
22    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
23    Sec. 5-2. Classes of persons eligible. Medical assistance
24under this Article shall be available to any of the following

 

 

HB4206- 37 -LRB102 19920 KTG 28698 b

1classes of persons in respect to whom a plan for coverage has
2been submitted to the Governor by the Illinois Department and
3approved by him. If changes made in this Section 5-2 require
4federal approval, they shall not take effect until such
5approval has been received:
6        1. Recipients of basic maintenance grants under
7    Articles III and IV.
8        2. Beginning January 1, 2014, persons otherwise
9    eligible for basic maintenance under Article III,
10    excluding any eligibility requirements that are
11    inconsistent with any federal law or federal regulation,
12    as interpreted by the U.S. Department of Health and Human
13    Services, but who fail to qualify thereunder on the basis
14    of need, and who have insufficient income and resources to
15    meet the costs of necessary medical care, including, but
16    not limited to, the following:
17            (a) All persons otherwise eligible for basic
18        maintenance under Article III but who fail to qualify
19        under that Article on the basis of need and who meet
20        either of the following requirements:
21                (i) their income, as determined by the
22            Illinois Department in accordance with any federal
23            requirements, is equal to or less than 100% of the
24            federal poverty level; or
25                (ii) their income, after the deduction of
26            costs incurred for medical care and for other

 

 

HB4206- 38 -LRB102 19920 KTG 28698 b

1            types of remedial care, is equal to or less than
2            100% of the federal poverty level.
3            (b) (Blank).
4        3. (Blank).
5        4. Persons not eligible under any of the preceding
6    paragraphs who fall sick, are injured, or die, not having
7    sufficient money, property or other resources to meet the
8    costs of necessary medical care or funeral and burial
9    expenses.
10        5.(a) Beginning January 1, 2020, women during
11    pregnancy and during the 12-month period beginning on the
12    last day of the pregnancy, together with their infants,
13    whose income is at or below 200% of the federal poverty
14    level. Until September 30, 2019, or sooner if the
15    maintenance of effort requirements under the Patient
16    Protection and Affordable Care Act are eliminated or may
17    be waived before then, women during pregnancy and during
18    the 12-month period beginning on the last day of the
19    pregnancy, whose countable monthly income, after the
20    deduction of costs incurred for medical care and for other
21    types of remedial care as specified in administrative
22    rule, is equal to or less than the Medical Assistance-No
23    Grant(C) (MANG(C)) Income Standard in effect on April 1,
24    2013 as set forth in administrative rule.
25        (b) The plan for coverage shall provide ambulatory
26    prenatal care to pregnant women during a presumptive

 

 

HB4206- 39 -LRB102 19920 KTG 28698 b

1    eligibility period and establish an income eligibility
2    standard that is equal to 200% of the federal poverty
3    level, provided that costs incurred for medical care are
4    not taken into account in determining such income
5    eligibility.
6        (c) The Illinois Department may conduct a
7    demonstration in at least one county that will provide
8    medical assistance to pregnant women, together with their
9    infants and children up to one year of age, where the
10    income eligibility standard is set up to 185% of the
11    nonfarm income official poverty line, as defined by the
12    federal Office of Management and Budget. The Illinois
13    Department shall seek and obtain necessary authorization
14    provided under federal law to implement such a
15    demonstration. Such demonstration may establish resource
16    standards that are not more restrictive than those
17    established under Article IV of this Code.
18        6. (a) Children younger than age 19 when countable
19    income is at or below 133% of the federal poverty level.
20    Until September 30, 2019, or sooner if the maintenance of
21    effort requirements under the Patient Protection and
22    Affordable Care Act are eliminated or may be waived before
23    then, children younger than age 19 whose countable monthly
24    income, after the deduction of costs incurred for medical
25    care and for other types of remedial care as specified in
26    administrative rule, is equal to or less than the Medical

 

 

HB4206- 40 -LRB102 19920 KTG 28698 b

1    Assistance-No Grant(C) (MANG(C)) Income Standard in effect
2    on April 1, 2013 as set forth in administrative rule.
3        (b) Children and youth who are under temporary custody
4    or guardianship of the Department of Children and Family
5    Services or who receive financial assistance in support of
6    an adoption or guardianship placement from the Department
7    of Children and Family Services.
8        7. (Blank).
9        8. As required under federal law, persons who are
10    eligible for Transitional Medical Assistance as a result
11    of an increase in earnings or child or spousal support
12    received. The plan for coverage for this class of persons
13    shall:
14            (a) extend the medical assistance coverage to the
15        extent required by federal law; and
16            (b) offer persons who have initially received 6
17        months of the coverage provided in paragraph (a)
18        above, the option of receiving an additional 6 months
19        of coverage, subject to the following:
20                (i) such coverage shall be pursuant to
21            provisions of the federal Social Security Act;
22                (ii) such coverage shall include all services
23            covered under Illinois' State Medicaid Plan;
24                (iii) no premium shall be charged for such
25            coverage; and
26                (iv) such coverage shall be suspended in the

 

 

HB4206- 41 -LRB102 19920 KTG 28698 b

1            event of a person's failure without good cause to
2            file in a timely fashion reports required for this
3            coverage under the Social Security Act and
4            coverage shall be reinstated upon the filing of
5            such reports if the person remains otherwise
6            eligible.
7        9. Persons with acquired immunodeficiency syndrome
8    (AIDS) or with AIDS-related conditions with respect to
9    whom there has been a determination that but for home or
10    community-based services such individuals would require
11    the level of care provided in an inpatient hospital,
12    skilled nursing facility or intermediate care facility the
13    cost of which is reimbursed under this Article. Assistance
14    shall be provided to such persons to the maximum extent
15    permitted under Title XIX of the Federal Social Security
16    Act.
17        10. Participants in the long-term care insurance
18    partnership program established under the Illinois
19    Long-Term Care Partnership Program Act who meet the
20    qualifications for protection of resources described in
21    Section 15 of that Act.
22        11. Persons with disabilities who are employed and
23    eligible for Medicaid, pursuant to Section
24    1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
25    subject to federal approval, persons with a medically
26    improved disability who are employed and eligible for

 

 

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1    Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
2    the Social Security Act, as provided by the Illinois
3    Department by rule. In establishing eligibility standards
4    under this paragraph 11, the Department shall, subject to
5    federal approval:
6            (a) set the income eligibility standard at not
7        lower than 350% of the federal poverty level;
8            (b) exempt retirement accounts that the person
9        cannot access without penalty before the age of 59
10        1/2, and medical savings accounts established pursuant
11        to 26 U.S.C. 220;
12            (c) allow non-exempt assets up to $25,000 as to
13        those assets accumulated during periods of eligibility
14        under this paragraph 11; and
15            (d) continue to apply subparagraphs (b) and (c) in
16        determining the eligibility of the person under this
17        Article even if the person loses eligibility under
18        this paragraph 11.
19        12. Subject to federal approval, persons who are
20    eligible for medical assistance coverage under applicable
21    provisions of the federal Social Security Act and the
22    federal Breast and Cervical Cancer Prevention and
23    Treatment Act of 2000. Those eligible persons are defined
24    to include, but not be limited to, the following persons:
25            (1) persons who have been screened for breast or
26        cervical cancer under the U.S. Centers for Disease

 

 

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1        Control and Prevention Breast and Cervical Cancer
2        Program established under Title XV of the federal
3        Public Health Service Services Act in accordance with
4        the requirements of Section 1504 of that Act as
5        administered by the Illinois Department of Public
6        Health; and
7            (2) persons whose screenings under the above
8        program were funded in whole or in part by funds
9        appropriated to the Illinois Department of Public
10        Health for breast or cervical cancer screening.
11        "Medical assistance" under this paragraph 12 shall be
12    identical to the benefits provided under the State's
13    approved plan under Title XIX of the Social Security Act.
14    The Department must request federal approval of the
15    coverage under this paragraph 12 within 30 days after July
16    3, 2001 (the effective date of Public Act 92-47) this
17    amendatory Act of the 92nd General Assembly.
18        In addition to the persons who are eligible for
19    medical assistance pursuant to subparagraphs (1) and (2)
20    of this paragraph 12, and to be paid from funds
21    appropriated to the Department for its medical programs,
22    any uninsured person as defined by the Department in rules
23    residing in Illinois who is younger than 65 years of age,
24    who has been screened for breast and cervical cancer in
25    accordance with standards and procedures adopted by the
26    Department of Public Health for screening, and who is

 

 

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1    referred to the Department by the Department of Public
2    Health as being in need of treatment for breast or
3    cervical cancer is eligible for medical assistance
4    benefits that are consistent with the benefits provided to
5    those persons described in subparagraphs (1) and (2).
6    Medical assistance coverage for the persons who are
7    eligible under the preceding sentence is not dependent on
8    federal approval, but federal moneys may be used to pay
9    for services provided under that coverage upon federal
10    approval.
11        13. Subject to appropriation and to federal approval,
12    persons living with HIV/AIDS who are not otherwise
13    eligible under this Article and who qualify for services
14    covered under Section 5-5.04 as provided by the Illinois
15    Department by rule.
16        14. Subject to the availability of funds for this
17    purpose, the Department may provide coverage under this
18    Article to persons who reside in Illinois who are not
19    eligible under any of the preceding paragraphs and who
20    meet the income guidelines of paragraph 2(a) of this
21    Section and (i) have an application for asylum pending
22    before the federal Department of Homeland Security or on
23    appeal before a court of competent jurisdiction and are
24    represented either by counsel or by an advocate accredited
25    by the federal Department of Homeland Security and
26    employed by a not-for-profit organization in regard to

 

 

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1    that application or appeal, or (ii) are receiving services
2    through a federally funded torture treatment center.
3    Medical coverage under this paragraph 14 may be provided
4    for up to 24 continuous months from the initial
5    eligibility date so long as an individual continues to
6    satisfy the criteria of this paragraph 14. If an
7    individual has an appeal pending regarding an application
8    for asylum before the Department of Homeland Security,
9    eligibility under this paragraph 14 may be extended until
10    a final decision is rendered on the appeal. The Department
11    may adopt rules governing the implementation of this
12    paragraph 14.
13        15. Family Care Eligibility.
14            (a) On and after July 1, 2012, a parent or other
15        caretaker relative who is 19 years of age or older when
16        countable income is at or below 133% of the federal
17        poverty level. A person may not spend down to become
18        eligible under this paragraph 15.
19            (b) Eligibility shall be reviewed annually.
20            (c) (Blank).
21            (d) (Blank).
22            (e) (Blank).
23            (f) (Blank).
24            (g) (Blank).
25            (h) (Blank).
26            (i) Following termination of an individual's

 

 

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1        coverage under this paragraph 15, the individual must
2        be determined eligible before the person can be
3        re-enrolled.
4        16. Subject to appropriation, uninsured persons who
5    are not otherwise eligible under this Section who have
6    been certified and referred by the Department of Public
7    Health as having been screened and found to need
8    diagnostic evaluation or treatment, or both diagnostic
9    evaluation and treatment, for prostate or testicular
10    cancer. For the purposes of this paragraph 16, uninsured
11    persons are those who do not have creditable coverage, as
12    defined under the Health Insurance Portability and
13    Accountability Act, or have otherwise exhausted any
14    insurance benefits they may have had, for prostate or
15    testicular cancer diagnostic evaluation or treatment, or
16    both diagnostic evaluation and treatment. To be eligible,
17    a person must furnish a Social Security number. A person's
18    assets are exempt from consideration in determining
19    eligibility under this paragraph 16. Such persons shall be
20    eligible for medical assistance under this paragraph 16
21    for so long as they need treatment for the cancer. A person
22    shall be considered to need treatment if, in the opinion
23    of the person's treating physician, the person requires
24    therapy directed toward cure or palliation of prostate or
25    testicular cancer, including recurrent metastatic cancer
26    that is a known or presumed complication of prostate or

 

 

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1    testicular cancer and complications resulting from the
2    treatment modalities themselves. Persons who require only
3    routine monitoring services are not considered to need
4    treatment. "Medical assistance" under this paragraph 16
5    shall be identical to the benefits provided under the
6    State's approved plan under Title XIX of the Social
7    Security Act. Notwithstanding any other provision of law,
8    the Department (i) does not have a claim against the
9    estate of a deceased recipient of services under this
10    paragraph 16 and (ii) does not have a lien against any
11    homestead property or other legal or equitable real
12    property interest owned by a recipient of services under
13    this paragraph 16.
14        17. Persons who, pursuant to a waiver approved by the
15    Secretary of the U.S. Department of Health and Human
16    Services, are eligible for medical assistance under Title
17    XIX or XXI of the federal Social Security Act.
18    Notwithstanding any other provision of this Code and
19    consistent with the terms of the approved waiver, the
20    Illinois Department, may by rule:
21            (a) Limit the geographic areas in which the waiver
22        program operates.
23            (b) Determine the scope, quantity, duration, and
24        quality, and the rate and method of reimbursement, of
25        the medical services to be provided, which may differ
26        from those for other classes of persons eligible for

 

 

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1        assistance under this Article.
2            (c) Restrict the persons' freedom in choice of
3        providers.
4        18. Beginning January 1, 2014, persons aged 19 or
5    older, but younger than 65, who are not otherwise eligible
6    for medical assistance under this Section 5-2, who qualify
7    for medical assistance pursuant to 42 U.S.C.
8    1396a(a)(10)(A)(i)(VIII) and applicable federal
9    regulations, and who have income at or below 133% of the
10    federal poverty level plus 5% for the applicable family
11    size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
12    applicable federal regulations. Persons eligible for
13    medical assistance under this paragraph 18 shall receive
14    coverage for the Health Benefits Service Package as that
15    term is defined in subsection (m) of Section 5-1.1 of this
16    Code. If Illinois' federal medical assistance percentage
17    (FMAP) is reduced below 90% for persons eligible for
18    medical assistance under this paragraph 18, eligibility
19    under this paragraph 18 shall cease no later than the end
20    of the third month following the month in which the
21    reduction in FMAP takes effect.
22        19. Beginning January 1, 2014, as required under 42
23    U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
24    and younger than age 26 who are not otherwise eligible for
25    medical assistance under paragraphs (1) through (17) of
26    this Section who (i) were in foster care under the

 

 

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1    responsibility of the State on the date of attaining age
2    18 or on the date of attaining age 22 21 when a court has
3    continued wardship for good cause as provided in Section
4    2-31 of the Juvenile Court Act of 1987 and (ii) received
5    medical assistance under the Illinois Title XIX State Plan
6    or waiver of such plan while in foster care.
7        20. Beginning January 1, 2018, persons who are
8    foreign-born victims of human trafficking, torture, or
9    other serious crimes as defined in Section 2-19 of this
10    Code and their derivative family members if such persons:
11    (i) reside in Illinois; (ii) are not eligible under any of
12    the preceding paragraphs; (iii) meet the income guidelines
13    of subparagraph (a) of paragraph 2; and (iv) meet the
14    nonfinancial eligibility requirements of Sections 16-2,
15    16-3, and 16-5 of this Code. The Department may extend
16    medical assistance for persons who are foreign-born
17    victims of human trafficking, torture, or other serious
18    crimes whose medical assistance would be terminated
19    pursuant to subsection (b) of Section 16-5 if the
20    Department determines that the person, during the year of
21    initial eligibility (1) experienced a health crisis, (2)
22    has been unable, after reasonable attempts, to obtain
23    necessary information from a third party, or (3) has other
24    extenuating circumstances that prevented the person from
25    completing his or her application for status. The
26    Department may adopt any rules necessary to implement the

 

 

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1    provisions of this paragraph.
2        21. Persons who are not otherwise eligible for medical
3    assistance under this Section who may qualify for medical
4    assistance pursuant to 42 U.S.C.
5    1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
6    duration of any federal or State declared emergency due to
7    COVID-19. Medical assistance to persons eligible for
8    medical assistance solely pursuant to this paragraph 21
9    shall be limited to any in vitro diagnostic product (and
10    the administration of such product) described in 42 U.S.C.
11    1396d(a)(3)(B) on or after March 18, 2020, any visit
12    described in 42 U.S.C. 1396o(a)(2)(G), or any other
13    medical assistance that may be federally authorized for
14    this class of persons. The Department may also cover
15    treatment of COVID-19 for this class of persons, or any
16    similar category of uninsured individuals, to the extent
17    authorized under a federally approved 1115 Waiver or other
18    federal authority. Notwithstanding the provisions of
19    Section 1-11 of this Code, due to the nature of the
20    COVID-19 public health emergency, the Department may cover
21    and provide the medical assistance described in this
22    paragraph 21 to noncitizens who would otherwise meet the
23    eligibility requirements for the class of persons
24    described in this paragraph 21 for the duration of the
25    State emergency period.
26    In implementing the provisions of Public Act 96-20, the

 

 

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1Department is authorized to adopt only those rules necessary,
2including emergency rules. Nothing in Public Act 96-20 permits
3the Department to adopt rules or issue a decision that expands
4eligibility for the FamilyCare Program to a person whose
5income exceeds 185% of the Federal Poverty Level as determined
6from time to time by the U.S. Department of Health and Human
7Services, unless the Department is provided with express
8statutory authority.
9    The eligibility of any such person for medical assistance
10under this Article is not affected by the payment of any grant
11under the Senior Citizens and Persons with Disabilities
12Property Tax Relief Act or any distributions or items of
13income described under subparagraph (X) of paragraph (2) of
14subsection (a) of Section 203 of the Illinois Income Tax Act.
15    The Department shall by rule establish the amounts of
16assets to be disregarded in determining eligibility for
17medical assistance, which shall at a minimum equal the amounts
18to be disregarded under the Federal Supplemental Security
19Income Program. The amount of assets of a single person to be
20disregarded shall not be less than $2,000, and the amount of
21assets of a married couple to be disregarded shall not be less
22than $3,000.
23    To the extent permitted under federal law, any person
24found guilty of a second violation of Article VIIIA shall be
25ineligible for medical assistance under this Article, as
26provided in Section 8A-8.

 

 

HB4206- 52 -LRB102 19920 KTG 28698 b

1    The eligibility of any person for medical assistance under
2this Article shall not be affected by the receipt by the person
3of donations or benefits from fundraisers held for the person
4in cases of serious illness, as long as neither the person nor
5members of the person's family have actual control over the
6donations or benefits or the disbursement of the donations or
7benefits.
8    Notwithstanding any other provision of this Code, if the
9United States Supreme Court holds Title II, Subtitle A,
10Section 2001(a) of Public Law 111-148 to be unconstitutional,
11or if a holding of Public Law 111-148 makes Medicaid
12eligibility allowed under Section 2001(a) inoperable, the
13State or a unit of local government shall be prohibited from
14enrolling individuals in the Medical Assistance Program as the
15result of federal approval of a State Medicaid waiver on or
16after June 14, 2012 (the effective date of Public Act 97-687)
17this amendatory Act of the 97th General Assembly, and any
18individuals enrolled in the Medical Assistance Program
19pursuant to eligibility permitted as a result of such a State
20Medicaid waiver shall become immediately ineligible.
21    Notwithstanding any other provision of this Code, if an
22Act of Congress that becomes a Public Law eliminates Section
232001(a) of Public Law 111-148, the State or a unit of local
24government shall be prohibited from enrolling individuals in
25the Medical Assistance Program as the result of federal
26approval of a State Medicaid waiver on or after June 14, 2012

 

 

HB4206- 53 -LRB102 19920 KTG 28698 b

1(the effective date of Public Act 97-687) this amendatory Act
2of the 97th General Assembly, and any individuals enrolled in
3the Medical Assistance Program pursuant to eligibility
4permitted as a result of such a State Medicaid waiver shall
5become immediately ineligible.
6    Effective October 1, 2013, the determination of
7eligibility of persons who qualify under paragraphs 5, 6, 8,
815, 17, and 18 of this Section shall comply with the
9requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
10regulations.
11    The Department of Healthcare and Family Services, the
12Department of Human Services, and the Illinois health
13insurance marketplace shall work cooperatively to assist
14persons who would otherwise lose health benefits as a result
15of changes made under Public Act 98-104 this amendatory Act of
16the 98th General Assembly to transition to other health
17insurance coverage.
18(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
19revised 8-24-20.)
 
20    Section 15. The Juvenile Court Act of 1987 is amended by
21changing Sections 2-23, 2-31, 2-33, and 2-34 as follows:
 
22    (705 ILCS 405/2-23)  (from Ch. 37, par. 802-23)
23    Sec. 2-23. Kinds of dispositional orders.
24    (1) The following kinds of orders of disposition may be

 

 

HB4206- 54 -LRB102 19920 KTG 28698 b

1made in respect of wards of the court:
2        (a) A minor found to be neglected or abused under
3    Section 2-3 or dependent under Section 2-4 may be (1)
4    continued in the custody of his or her parents, guardian
5    or legal custodian; (2) placed in accordance with Section
6    2-27; (3) restored to the custody of the parent, parents,
7    guardian, or legal custodian, provided the court shall
8    order the parent, parents, guardian, or legal custodian to
9    cooperate with the Department of Children and Family
10    Services and comply with the terms of an after-care plan
11    or risk the loss of custody of the child and the possible
12    termination of their parental rights; or (4) ordered
13    partially or completely emancipated in accordance with the
14    provisions of the Emancipation of Minors Act.
15        If the minor is being restored to the custody of a
16    parent, legal custodian, or guardian who lives outside of
17    Illinois, and an Interstate Compact has been requested and
18    refused, the court may order the Department of Children
19    and Family Services to arrange for an assessment of the
20    minor's proposed living arrangement and for ongoing
21    monitoring of the health, safety, and best interest of the
22    minor and compliance with any order of protective
23    supervision entered in accordance with Section 2-24.
24        However, in any case in which a minor is found by the
25    court to be neglected or abused under Section 2-3 of this
26    Act, custody of the minor shall not be restored to any

 

 

HB4206- 55 -LRB102 19920 KTG 28698 b

1    parent, guardian or legal custodian whose acts or
2    omissions or both have been identified, pursuant to
3    subsection (1) of Section 2-21, as forming the basis for
4    the court's finding of abuse or neglect, until such time
5    as a hearing is held on the issue of the best interests of
6    the minor and the fitness of such parent, guardian or
7    legal custodian to care for the minor without endangering
8    the minor's health or safety, and the court enters an
9    order that such parent, guardian or legal custodian is fit
10    to care for the minor.
11        (b) A minor found to be dependent under Section 2-4
12    may be (1) placed in accordance with Section 2-27 or (2)
13    ordered partially or completely emancipated in accordance
14    with the provisions of the Emancipation of Minors Act.
15        However, in any case in which a minor is found by the
16    court to be dependent under Section 2-4 of this Act,
17    custody of the minor shall not be restored to any parent,
18    guardian or legal custodian whose acts or omissions or
19    both have been identified, pursuant to subsection (1) of
20    Section 2-21, as forming the basis for the court's finding
21    of dependency, until such time as a hearing is held on the
22    issue of the fitness of such parent, guardian or legal
23    custodian to care for the minor without endangering the
24    minor's health or safety, and the court enters an order
25    that such parent, guardian or legal custodian is fit to
26    care for the minor.

 

 

HB4206- 56 -LRB102 19920 KTG 28698 b

1        (b-1) A minor between the ages of 18 and 23 21 may be
2    placed pursuant to Section 2-27 of this Act if (1) the
3    court has granted a supplemental petition to reinstate
4    wardship of the minor pursuant to subsection (2) of
5    Section 2-33, (2) the court has adjudicated the minor a
6    ward of the court, permitted the minor to return home
7    under an order of protection, and subsequently made a
8    finding that it is in the minor's best interest to vacate
9    the order of protection and commit the minor to the
10    Department of Children and Family Services for care and
11    service, or (3) the court returned the minor to the
12    custody of the respondent under Section 2-4b of this Act
13    without terminating the proceedings under Section 2-31 of
14    this Act, and subsequently made a finding that it is in the
15    minor's best interest to commit the minor to the
16    Department of Children and Family Services for care and
17    services.
18        (c) When the court awards guardianship to the
19    Department of Children and Family Services, the court
20    shall order the parents to cooperate with the Department
21    of Children and Family Services, comply with the terms of
22    the service plans, and correct the conditions that require
23    the child to be in care, or risk termination of their
24    parental rights.
25    (2) Any order of disposition may provide for protective
26supervision under Section 2-24 and may include an order of

 

 

HB4206- 57 -LRB102 19920 KTG 28698 b

1protection under Section 2-25.
2    Unless the order of disposition expressly so provides, it
3does not operate to close proceedings on the pending petition,
4but is subject to modification, not inconsistent with Section
52-28, until final closing and discharge of the proceedings
6under Section 2-31.
7    (3) The court also shall enter any other orders necessary
8to fulfill the service plan, including, but not limited to,
9(i) orders requiring parties to cooperate with services, (ii)
10restraining orders controlling the conduct of any party likely
11to frustrate the achievement of the goal, and (iii) visiting
12orders. When the child is placed separately from a sibling,
13the court shall review the Sibling Contact Support Plan
14developed under subsection (f) of Section 7.4 of the Children
15and Family Services Act, if applicable. If the Department has
16not convened a meeting to develop a Sibling Contact Support
17Plan, or if the court finds that the existing Plan is not in
18the child's best interest, the court may enter an order
19requiring the Department to develop and implement a Sibling
20Contact Support Plan under subsection (f) of Section 7.4 of
21the Children and Family Services Act or order mediation.
22Unless otherwise specifically authorized by law, the court is
23not empowered under this subsection (3) to order specific
24placements, specific services, or specific service providers
25to be included in the plan. If, after receiving evidence, the
26court determines that the services contained in the plan are

 

 

HB4206- 58 -LRB102 19920 KTG 28698 b

1not reasonably calculated to facilitate achievement of the
2permanency goal, the court shall put in writing the factual
3basis supporting the determination and enter specific findings
4based on the evidence. The court also shall enter an order for
5the Department to develop and implement a new service plan or
6to implement changes to the current service plan consistent
7with the court's findings. The new service plan shall be filed
8with the court and served on all parties within 45 days after
9the date of the order. The court shall continue the matter
10until the new service plan is filed. Except as authorized by
11subsection (3.5) of this Section or authorized by law, the
12court is not empowered under this Section to order specific
13placements, specific services, or specific service providers
14to be included in the service plan.
15    (3.5) If, after reviewing the evidence, including evidence
16from the Department, the court determines that the minor's
17current or planned placement is not necessary or appropriate
18to facilitate achievement of the permanency goal, the court
19shall put in writing the factual basis supporting its
20determination and enter specific findings based on the
21evidence. If the court finds that the minor's current or
22planned placement is not necessary or appropriate, the court
23may enter an order directing the Department to implement a
24recommendation by the minor's treating clinician or a
25clinician contracted by the Department to evaluate the minor
26or a recommendation made by the Department. If the Department

 

 

HB4206- 59 -LRB102 19920 KTG 28698 b

1places a minor in a placement under an order entered under this
2subsection (3.5), the Department has the authority to remove
3the minor from that placement when a change in circumstances
4necessitates the removal to protect the minor's health,
5safety, and best interest. If the Department determines
6removal is necessary, the Department shall notify the parties
7of the planned placement change in writing no later than 10
8days prior to the implementation of its determination unless
9remaining in the placement poses an imminent risk of harm to
10the minor, in which case the Department shall notify the
11parties of the placement change in writing immediately
12following the implementation of its decision. The Department
13shall notify others of the decision to change the minor's
14placement as required by Department rule.
15    (4) In addition to any other order of disposition, the
16court may order any minor adjudicated neglected with respect
17to his or her own injurious behavior to make restitution, in
18monetary or non-monetary form, under the terms and conditions
19of Section 5-5-6 of the Unified Code of Corrections, except
20that the "presentence hearing" referred to therein shall be
21the dispositional hearing for purposes of this Section. The
22parent, guardian or legal custodian of the minor may pay some
23or all of such restitution on the minor's behalf.
24    (5) Any order for disposition where the minor is committed
25or placed in accordance with Section 2-27 shall provide for
26the parents or guardian of the estate of such minor to pay to

 

 

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1the legal custodian or guardian of the person of the minor such
2sums as are determined by the custodian or guardian of the
3person of the minor as necessary for the minor's needs. Such
4payments may not exceed the maximum amounts provided for by
5Section 9.1 of the Children and Family Services Act.
6    (6) Whenever the order of disposition requires the minor
7to attend school or participate in a program of training, the
8truant officer or designated school official shall regularly
9report to the court if the minor is a chronic or habitual
10truant under Section 26-2a of the School Code.
11    (7) The court may terminate the parental rights of a
12parent at the initial dispositional hearing if all of the
13conditions in subsection (5) of Section 2-21 are met.
14(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
 
15    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
16    Sec. 2-31. Duration of wardship and discharge of
17proceedings.
18    (1) All proceedings under Article II of this Act in
19respect of any minor automatically terminate upon his or her
20attaining the age of 23 21 years.
21    (2) Whenever the court determines, and makes written
22factual findings, that health, safety, and the best interests
23of the minor and the public no longer require the wardship of
24the court, the court shall order the wardship terminated and
25all proceedings under this Act respecting that minor finally

 

 

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1closed and discharged. The court may at the same time continue
2or terminate any custodianship or guardianship theretofore
3ordered but the termination must be made in compliance with
4Section 2-28. When terminating wardship under this Section, if
5the minor is over 18 or if wardship is terminated in
6conjunction with an order partially or completely emancipating
7the minor in accordance with the Emancipation of Minors Act,
8the court shall also consider the following factors, in
9addition to the health, safety, and best interest of the minor
10and the public: (A) the minor's wishes regarding case closure;
11(B) the manner in which the minor will maintain independence
12without services from the Department; (C) the minor's
13engagement in services including placement offered by the
14Department; (D) if the minor is not engaged, the Department's
15efforts to engage the minor; (E) the nature of communication
16between the minor and the Department; (F) the minor's
17involvement in other State systems or services; (G) the
18minor's connections with family and other community support;
19and (H) any other factor the court deems relevant. The minor's
20lack of cooperation with services provided by the Department
21of Children and Family Services shall not by itself be
22considered sufficient evidence that the minor is prepared to
23live independently and that it is in the best interest of the
24minor to terminate wardship. It shall not be in the minor's
25best interest to terminate wardship of a minor over the age of
2618 who is in the guardianship of the Department of Children and

 

 

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1Family Services if the Department has not made reasonable
2efforts to ensure that the minor has documents necessary for
3adult living as provided in Section 35.10 of the Children and
4Family Services Act.
5    (3) The wardship of the minor and any custodianship or
6guardianship respecting the minor for whom a petition was
7filed after July 24, 1991 (the effective date of Public Act
887-14) automatically terminates when he attains the age of 19
9years, except as set forth in subsection (1) of this Section.
10The clerk of the court shall at that time record all
11proceedings under this Act as finally closed and discharged
12for that reason. The provisions of this subsection (3) become
13inoperative on and after July 12, 2019 (the effective date of
14Public Act 101-78).
15    (4) Notwithstanding any provision of law to the contrary,
16the changes made by Public Act 101-78 apply to all cases that
17are pending on or after July 12, 2019 (the effective date of
18Public Act 101-78).
19(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
 
20    (705 ILCS 405/2-33)
21    Sec. 2-33. Supplemental petition to reinstate wardship.
22    (1) Any time prior to a minor's 18th birthday, pursuant to
23a supplemental petition filed under this Section, the court
24may reinstate wardship and open a previously closed case when:
25        (a) wardship and guardianship under the Juvenile Court

 

 

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1    Act of 1987 was vacated in conjunction with the
2    appointment of a private guardian under the Probate Act of
3    1975;
4        (b) the minor is not presently a ward of the court
5    under Article II of this Act nor is there a petition for
6    adjudication of wardship pending on behalf of the minor;
7    and
8        (c) it is in the minor's best interest that wardship
9    be reinstated.
10    (2) Any time prior to a minor's 23rd 21st birthday,
11pursuant to a supplemental petition filed under this Section,
12the court may reinstate wardship and open a previously closed
13case when:
14        (a) wardship and guardianship under this Act was
15    vacated pursuant to:
16            (i) an order entered under subsection (2) of
17        Section 2-31 in the case of a minor over the age of 18;
18            (ii) closure of a case under subsection (2) of
19        Section 2-31 in the case of a minor under the age of 18
20        who has been partially or completely emancipated in
21        accordance with the Emancipation of Minors Act; or
22            (iii) an order entered under subsection (3) of
23        Section 2-31 based on the minor's attaining the age of
24        19 years before the effective date of this amendatory
25        Act of the 101st General Assembly;
26        (b) the minor is not presently a ward of the court

 

 

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1    under Article II of this Act nor is there a petition for
2    adjudication of wardship pending on behalf of the minor;
3    and
4        (c) it is in the minor's best interest that wardship
5    be reinstated.
6    (3) The supplemental petition must be filed in the same
7proceeding in which the original adjudication order was
8entered. Unless excused by court for good cause shown, the
9petitioner shall give notice of the time and place of the
10hearing on the supplemental petition, in person or by mail, to
11the minor, if the minor is 14 years of age or older, and to the
12parties to the juvenile court proceeding. Notice shall be
13provided at least 3 court days in advance of the hearing date.
14    (3.5) Whenever a petition is filed to reinstate wardship
15pursuant to subsection (1), prior to granting the petition,
16the court may order the Department of Children and Family
17Services to assess the minor's current and proposed living
18arrangements and to provide ongoing monitoring of the health,
19safety, and best interest of the minor during the pendency of
20the petition to assist the court in making that determination.
21    (4) A minor who is the subject of a petition to reinstate
22wardship under this Section shall be provided with
23representation in accordance with Sections 1-5 and 2-17 of
24this Act.
25    (5) Whenever a minor is committed to the Department of
26Children and Family Services for care and services following

 

 

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1the reinstatement of wardship under this Section, the
2Department shall:
3        (a) Within 30 days of such commitment, prepare and
4    file with the court a case plan which complies with the
5    federal Adoption Assistance and Child Welfare Act of 1980
6    and is consistent with the health, safety and best
7    interests of the minor; and
8        (b) Promptly refer the minor for such services as are
9    necessary and consistent with the minor's health, safety
10    and best interests.
11(Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
 
12    (705 ILCS 405/2-34)
13    Sec. 2-34. Motion to reinstate parental rights.
14    (1) For purposes of this subsection (1), the term "parent"
15refers to the person or persons whose rights were terminated
16as described in paragraph (a) of this subsection; and the term
17"minor" means a person under the age of 23 21 years subject to
18this Act for whom the Department of Children and Family
19Services Guardianship Administrator is appointed the temporary
20custodian or guardian.
21    A motion to reinstate parental rights may be filed only by
22the Department of Children and Family Services or the minor
23regarding any minor who is presently a ward of the court under
24Article II of this Act when all the conditions set out in
25paragraphs (a), (b), (c), (d), (e), (f), and (g) of this

 

 

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1subsection (1) are met:
2        (a) while the minor was under the jurisdiction of the
3    court under Article II of this Act, the minor's parent or
4    parents surrendered the minor for adoption to an agency
5    legally authorized to place children for adoption, or the
6    minor's parent or parents consented to his or her
7    adoption, or the minor's parent or parents consented to
8    his or her adoption by a specified person or persons, or
9    the parent or parents' rights were terminated pursuant to
10    a finding of unfitness pursuant to Section 2-29 of this
11    Act and a guardian was appointed with the power to consent
12    to adoption pursuant to Section 2-29 of this Act; and
13        (b) (i) since the signing of the surrender, the
14    signing of the consent, or the unfitness finding, the
15    minor has remained a ward of the Court under Article II of
16    this Act; or
17        (ii) the minor was made a ward of the Court, the minor
18    was placed in the private guardianship of an individual or
19    individuals, and after the appointment of a private
20    guardian and a new petition alleging abuse, neglect, or
21    dependency pursuant to Section 2-3 or 2-4 is filed, and
22    the minor is again found by the court to be abused,
23    neglected or dependent; or a supplemental petition to
24    reinstate wardship is filed pursuant to Section 2-33, and
25    the court reinstates wardship; or
26        (iii) the minor was made a ward of the Court, wardship

 

 

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1    was terminated after the minor was adopted, after the
2    adoption a new petition alleging abuse, neglect, or
3    dependency pursuant to Section 2-3 or 2-4 is filed, and
4    the minor is again found by the court to be abused,
5    neglected, or dependent, and either (i) the adoptive
6    parent or parents are deceased, (ii) the adoptive parent
7    or parents signed a surrender of parental rights, or (iii)
8    the parental rights of the adoptive parent or parents were
9    terminated;
10        (c) the minor is not currently in a placement likely
11    to achieve permanency;
12        (d) it is in the minor's best interest that parental
13    rights be reinstated;
14        (e) the parent named in the motion wishes parental
15    rights to be reinstated and is currently appropriate to
16    have rights reinstated;
17        (f) more than 3 years have lapsed since the signing of
18    the consent or surrender, or the entry of the order
19    appointing a guardian with the power to consent to
20    adoption;
21        (g) (i) the child is 13 years of age or older or (ii)
22    the child is the younger sibling of such child, 13 years of
23    age or older, for whom reinstatement of parental rights is
24    being sought and the younger sibling independently meets
25    the criteria set forth in paragraphs (a) through (h) of
26    this subsection; and

 

 

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1        (h) if the court has previously denied a motion to
2    reinstate parental rights filed by the Department, there
3    has been a substantial change in circumstances following
4    the denial of the earlier motion.
5    (2) The motion may be filed only by the Department of
6Children and Family Services or by the minor. Unless excused
7by the court for good cause shown, the movant shall give notice
8of the time and place of the hearing on the motion, in person
9or by mail, to the parties to the juvenile court proceeding.
10Notice shall be provided at least 14 days in advance of the
11hearing date. The motion shall include the allegations
12required in subsection (1) of this Section.
13    (3) Any party may file a motion to dismiss the motion with
14prejudice on the basis that the parent has intentionally acted
15to prevent the child from being adopted, after parental rights
16were terminated or the parent intentionally acted to disrupt
17the child's adoption. If the court finds by a preponderance of
18the evidence that the parent has intentionally acted to
19prevent the child from being adopted, after parental rights
20were terminated or that the parent intentionally acted to
21disrupt the child's adoption, the court shall dismiss the
22petition with prejudice.
23    (4) The court shall not grant a motion for reinstatement
24of parental rights unless the court finds that the motion is
25supported by clear and convincing evidence. In ruling on a
26motion to reinstate parental rights, the court shall make

 

 

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1findings consistent with the requirements in subsection (1) of
2this Section. The court shall consider the reasons why the
3child was initially brought to the attention of the court, the
4history of the child's case as it relates to the parent seeking
5reinstatement, and the current circumstances of the parent for
6whom reinstatement of rights is sought. If reinstatement is
7being considered subsequent to a finding of unfitness pursuant
8to Section 2-29 of this Act having been entered with respect to
9the parent whose rights are being restored, the court in
10determining the minor's best interest shall consider, in
11addition to the factors set forth in paragraph (4.05) of
12Section 1-3 of this Act, the specific grounds upon which the
13unfitness findings were made. Upon the entry of an order
14granting a motion to reinstate parental rights, parental
15rights of the parent named in the order shall be reinstated,
16any previous order appointing a guardian with the power to
17consent to adoption shall be void and with respect to the
18parent named in the order, any consent shall be void.
19    (5) If the case is post-disposition, the court, upon the
20entry of an order granting a motion to reinstate parental
21rights, shall schedule the matter for a permanency hearing
22pursuant to Section 2-28 of this Act within 45 days.
23    (6) Custody of the minor shall not be restored to the
24parent, except by order of court pursuant to subsection (4) of
25Section 2-28 of this Act.
26    (7) In any case involving a child over the age of 13 who

 

 

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1meets the criteria established in this Section for
2reinstatement of parental rights, the Department of Children
3and Family Services shall conduct an assessment of the child's
4circumstances to assist in future planning for the child,
5including, but not limited to a determination regarding the
6appropriateness of filing a motion to reinstate parental
7rights.
8    (8) (Blank).
9(Source: P.A. 98-477, eff. 8-16-13.)