Illinois General Assembly - Full Text of SB0850
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Full Text of SB0850  99th General Assembly

SB0850 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0850

 

Introduced 2/11/2015, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5.40 new

    Amends the Children and Family Services Act. Requires the Department of Children and Family Services to develop, by rule, criteria for determining when a child may be voluntarily placed in out-of-home care funded by the Department for the purpose of obtaining mental health treatment for the child or treatment for the child's developmental disability. Provides that relinquishment of custody of a child shall not be a condition for receipt of services or care delivered or funded by the Department. Provides that a child voluntarily placed in out-of-home care shall be placed pursuant to a voluntary placement agreement voluntarily entered into by the parent or legal guardian of the child. Provides that for a child to remain in out-of-home care for longer than 180 days, a juvenile court must make a judicial determination within the first 180 days of the placement that the placement is in the best interests of the child. Provides that the inability of a parent or legal guardian to care for a child with a serious mental illness, serious emotional disturbance, or developmental disability shall not in itself be the basis for a finding of abuse or neglect of the child. Effective immediately.


LRB099 08054 KTG 28199 b

 

 

A BILL FOR

 

SB0850LRB099 08054 KTG 28199 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by adding Section 5.40 as follows:
 
6    (20 ILCS 505/5.40 new)
7    Sec. 5.40. Voluntary placement agreement.
8    (a) The Department of Children and Family Services shall
9develop, by rule, criteria for determining when a child may be
10voluntarily placed in out-of-home care funded by the Department
11for the purpose of obtaining mental health treatment for the
12child or treatment for the child's developmental disability.
13Relinquishment of custody of a child shall not be a condition
14for receipt of services or care delivered or funded by the
15Department under this Section. The criteria shall include the
16following:
17        (1) The ability of the child's parent or legal guardian
18    to pay for services.
19        (2) The child's access to services.
20        (3) The severity of the child's mental illness or
21    developmental disability.
22        (4) The danger the child poses to other residents of
23    the home.

 

 

SB0850- 2 -LRB099 08054 KTG 28199 b

1    (b) A child voluntarily placed shall be placed in an
2out-of-home placement pursuant to a voluntary placement
3agreement voluntarily entered into by the parent or legal
4guardian of the child. The agreement must contain, at a
5minimum, the following:
6        (1) A statement that the parent or legal guardian of
7    the child is not transferring legal custody of the child to
8    the Department or terminating his or her parental rights.
9        (2) A statement specifying the legal status of the
10    child.
11        (3) A statement specifying the rights and obligations
12    of the parent of the child and the child's legal guardian
13    or custodian, if any.
14    (c) When a child is voluntarily placed, the Department is
15responsible for the child's placement and care. For a child to
16remain in out-of-home care for longer than 180 days, a juvenile
17court must make a judicial determination within the first 180
18days of the placement that the placement is in the best
19interests of the child. In addition, the juvenile court shall
20hold a permanency hearing as provided under Section 2-28 of the
21Juvenile Court Act of 1987 no later than 12 months after the
22child's original voluntary placement and not less frequently
23than once every 6 months thereafter during the continuation of
24the child's original voluntary placement, to determine the
25future placement of the child.
26    (d) The inability of a parent or legal guardian to care for

 

 

SB0850- 3 -LRB099 08054 KTG 28199 b

1a child with a serious mental illness, serious emotional
2disturbance, or developmental disability shall not in itself be
3the basis for a finding of abuse or neglect of the child. A
4planned abandonment or relinquishment of custody of a child at
5a hospital or similar facility shall not be the basis for a
6finding of abuse or neglect of the child if the Department
7determines that the parent or legal guardian was reasonable in
8his or her belief that taking the child home would endanger the
9child or other family members.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.