Full Text of SB3367 103rd General Assembly
SB3367enr 103RD GENERAL ASSEMBLY | | | SB3367 Enrolled | | LRB103 37280 KTG 67401 b |
|
| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Sections 9.1 and 9.3 as follows: | 6 | | (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1) | 7 | | Sec. 9.1. The Department shall adopt rules no later than | 8 | | January 1, 2026 regarding The parents or guardians of the | 9 | | estates of children accepted for care and training under the | 10 | | Juvenile Court Act or the Juvenile Court Act of 1987, or | 11 | | through a voluntary placement agreement with the parents or | 12 | | guardians shall be liable for the payment to the Department, | 13 | | or to a licensed or approved child care facility designated by | 14 | | the Department of sums representing charges for the care and | 15 | | training of those children at a rate to be determined by the | 16 | | Department. The Department shall establish a standard by which | 17 | | shall be measured the ability of parents or guardians to pay | 18 | | for the care and training of their children, and shall | 19 | | implement the standard by rules governing its application. The | 20 | | standard and the rules shall take into account ability to pay | 21 | | as measured by annual income and family size. Medical or other | 22 | | treatment provided on behalf of the family may also be taken | 23 | | into account in determining ability to pay if the Department |
| | | SB3367 Enrolled | - 2 - | LRB103 37280 KTG 67401 b |
|
| 1 | | concludes that such treatment is appropriate. In addition, the | 2 | | Department may provide by rule for referral of Title IV-E | 3 | | foster care maintenance cases to the Department of Healthcare | 4 | | and Family Services for child support enforcement services | 5 | | under Title IV-D of the Social Security Act. It is the policy | 6 | | of the State that in order to preserve the financial security | 7 | | of a child's parent seeking reunification, the Department will | 8 | | not refer cases for child support enforcement services or seek | 9 | | an assignment of rights of child support regarding any child | 10 | | prior to the permanency goal of return home being ruled out by | 11 | | the court in accordance with the Juvenile Court Act of 1987. | 12 | | The Department may refer cases for child support enforcement | 13 | | services, consistent with rules, after the permanency goal of | 14 | | return home has been ruled out by the court in accordance with | 15 | | the Juvenile Court Act of 1987. The Department shall adopt | 16 | | rules by January 1, 2026 establishing additional policies or | 17 | | criteria to consider to ensure compliance with this Section | 18 | | and federal law regarding referral for child support | 19 | | enforcement or assignment of rights of child support for | 20 | | children where a return home goal has been ruled out in | 21 | | accordance with the Juvenile Court Act of 1987. The Department | 22 | | shall consider "good cause" as defined in regulations | 23 | | promulgated under Title IV-A of the Social Security Act, among | 24 | | other criteria, when determining whether to refer a case and, | 25 | | upon referral, the parent or guardian of the estate of a child | 26 | | who is receiving Title IV-E foster care maintenance payments |
| | | SB3367 Enrolled | - 3 - | LRB103 37280 KTG 67401 b |
|
| 1 | | shall be deemed to have made an assignment to the Department of | 2 | | any and all rights, title and interest in any support | 3 | | obligation on behalf of a child. The rights to support | 4 | | assigned to the Department shall constitute an obligation owed | 5 | | the State by the person who is responsible for providing the | 6 | | support, and shall be collectible under all applicable | 7 | | processes. | 8 | | The acceptance of children for services or care shall not | 9 | | be limited or conditioned in any manner on the financial | 10 | | status or ability of parents or guardians to make such | 11 | | payments. | 12 | | (Source: P.A. 95-331, eff. 8-21-07.) | 13 | | (20 ILCS 505/9.3) (from Ch. 23, par. 5009.3) | 14 | | Sec. 9.3. Declarations by parents and guardians. | 15 | | Information requested of parents and guardians shall be | 16 | | submitted on forms or questionnaires prescribed by the | 17 | | Department or units of local government as the case may be and | 18 | | shall contain a written declaration to be signed by the parent | 19 | | or guardian in substantially the following form: | 20 | | "I declare under penalties of perjury that I have examined | 21 | | this form or questionnaire and all accompanying statements or | 22 | | documents pertaining to my income, or any other matter having | 23 | | bearing upon my status and ability to provide payment for care | 24 | | and training of my child, and to the best of my knowledge and | 25 | | belief the information supplied is true, correct, and |
| | | SB3367 Enrolled | - 4 - | LRB103 37280 KTG 67401 b |
|
| 1 | | complete". | 2 | | A person who makes and subscribes a form or questionnaire | 3 | | which contains, as herein above provided, a written | 4 | | declaration that it is made under the penalties of perjury, | 5 | | knowing it to be false, incorrect or incomplete, in respect to | 6 | | any material statement or representative bearing upon the | 7 | | parent's or guardian's status as a parent or guardian, or upon | 8 | | the parent's or guardian's income, resources, or other matter | 9 | | concerning the parent's or guardian's ability to provide | 10 | | parental payment, shall be subject to the penalties for | 11 | | perjury provided for in Section 32-2 of the Criminal Code of | 12 | | 2012. | 13 | | Parents who refuse to provide such information after three | 14 | | written requests from the Department will be liable to the | 15 | | extent liability is consistent with the standards and rules | 16 | | described in Section 9.1 for the full cost of care provided, | 17 | | from the commencement of such care until the required | 18 | | information is received . | 19 | | (Source: P.A. 103-22, eff. 8-8-23.) | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
|