SB0724 Enrolled LRB103 29722 SPS 56127 b
1		AN ACT concerning health.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. Short title. This Act may be cited as the
5		Interagency Children's Behavioral Health Services Act.
6		Section 5. Children's Behavioral Health Transformation
7		Initiative. This Act establishes a Children's Behavioral
8		Health Transformation Officer. The Officer shall lead the
9		State's comprehensive, interagency effort to ensure that youth
10		with significant and complex behavioral health needs receive
11		appropriate community and residential services and that the
12		State-supported system is transparent and easier for youth and
13		their families to navigate. The Officer shall serve as a
14		policymaker and spokesperson on children's behavioral health,
15		including coordinating the interagency effort through
16		legislation, rules, and budgets and communicating with the
17		General Assembly and federal and local leaders on these
18		critical issues.
19		An Interagency Children's Behavioral Health Services Team
20		is established to find appropriate services, residential
21		treatment, and support for children identified by each
22		participating agency as requiring enhanced agency
23		collaboration to identify and obtain treatment in a

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1		residential setting. Responsibilities of each participating
2		agency shall be outlined in an interagency agreement between
3		all the relevant State agencies.
4		Section 10. Interagency agreement. In order to establish
5		the Interagency Children's Behavioral Health Services Team,
6		within 90 days after the effective date of this Act, the
7		Department of Children of Family Services, the Department of
8		Human Services, the Department of Healthcare and Family
9		Services, the Illinois State Board of Education, the
10		Department of Juvenile Justice, and the Department of Public
11		Health shall enter into an interagency agreement for the
12		purpose of establishing the roles and responsibilities of each
13		participating agency.
14		The interagency agreement, among other things, shall
15		address all of the following:
16		(1) Require each participating agency to assign staff
17		to the Interagency Children's Behavioral Health Services
18		Team who have operational knowledge of and decision-making
19		authority over the agency's children's behavioral health
20		programs and services.
21		(2) Set criteria to identify children whose cases will
22		be presented to the Interagency Children's Behavioral
23		Health Services Team for prioritized review. Criteria
24		shall include, but not be limited to:
25		(A) the length of time the child has been

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1		clinically approved for residential services through
2		existing funding streams but has not been admitted to
3		an appropriate program;
4		(B) the length of time the child has been in a
5		hospital emergency department or medical unit seeking
6		inpatient treatment for psychiatric or behavioral
7		health emergency;
8		(C) the length of time the child has been in a
9		psychiatric or general acute care hospital for
10		inpatient psychiatric treatment beyond medical
11		necessity;
12		(D) the risk of being taken into the custody of the
13		Department of Children and Family Services in the
14		absence of abuse or neglect as defined by the Abused
15		and Neglected Child Reporting Act or the Juvenile
16		Court Act of 1987 for the sole purpose of obtaining
17		behavioral health services or residential treatment;
18		(E) other circumstances that require enhanced
19		interagency collaboration to find appropriate services
20		for the child.
21		(3) Require each agency, or its designee, to present
22		each identified child's clinical case, to the extent
23		permitted by State and federal law, to the Interagency
24		Children's Behavioral Health Services Team during regular
25		team meetings to outline the child's needs and to
26		determine if any of the participating agencies have

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1		residential or other supportive services that may be
2		available for the child to ensure that the child receives
3		appropriate treatment, including residential treatment if
4		necessary, as soon as possible.
5		(4) Require the Community and Residential Services
6		Authority to notify the Interagency Children's Behavioral
7		Health Services Team of any child that has been referred
8		for services who meet the criteria set forth in paragraph
9		(2) and to present the clinical cases for the child to the
10		interagency team to determine if any agency program can
11		assist the child.
12		(5) Require the participating agencies to develop a
13		quarterly analysis, to be submitted to the General
14		Assembly, the Governor's Office, and the Community and
15		Residential Services Authority including the following
16		information, to the extent permitted by State and federal
17		law:
18		(A) the number of children presented to the team;
19		(B) the children's clinical presentations that
20		required enhanced agency collaboration;
21		(C) the types of services including residential
22		treatment that were needed to appropriately support
23		the aggregate needs of children presented;
24		(D) the timeframe it took to find placement or
25		appropriate services; and
26		(E) any other data or information the Interagency

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1		Children's Behavioral Health Services Team deems
2		appropriate.
3		All information collected, shared, or stored pursuant to
4		this Section shall be handled in accordance with all State and
5		federal privacy laws and accompanying regulations and rules,
6		including without limitation the federal Health Insurance
7		Portability and Accountability Act of 1996 (Public Law
8		104-191) and the Mental Health and Developmental Disabilities
9		Confidentiality Act.
10		Nothing in this Section shall be construed or applied in a
11		manner that would conflict with, diminish, or infringe upon,
12		any State agency's obligation to comply fully with
13		requirements imposed under a court order or State or federal
14		consent decree applicable to that agency.
15		Section 15. The Children and Family Services Act is
16		amended by changing Sections 5 and 17 as follows:
17		(20 ILCS 505/5) (from Ch. 23, par. 5005)
18		Sec. 5. Direct child welfare services; Department of
19		Children and Family Services. To provide direct child welfare
20		services when not available through other public or private
21		child care or program facilities.
22		(a) For purposes of this Section:
23		(1) "Children" means persons found within the State
24		who are under the age of 18 years. The term also includes

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1		persons under age 21 who:
2		(A) were committed to the Department pursuant to
3		the Juvenile Court Act or the Juvenile Court Act of
4		1987 and who continue under the jurisdiction of the
5		court; or
6		(B) were accepted for care, service and training
7		by the Department prior to the age of 18 and whose best
8		interest in the discretion of the Department would be
9		served by continuing that care, service and training
10		because of severe emotional disturbances, physical
11		disability, social adjustment or any combination
12		thereof, or because of the need to complete an
13		educational or vocational training program.
14		(2) "Homeless youth" means persons found within the
15		State who are under the age of 19, are not in a safe and
16		stable living situation and cannot be reunited with their
17		families.
18		(3) "Child welfare services" means public social
19		services which are directed toward the accomplishment of
20		the following purposes:
21		(A) protecting and promoting the health, safety
22		and welfare of children, including homeless,
23		dependent, or neglected children;
24		(B) remedying, or assisting in the solution of
25		problems which may result in, the neglect, abuse,
26		exploitation, or delinquency of children;

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1		(C) preventing the unnecessary separation of
2		children from their families by identifying family
3		problems, assisting families in resolving their
4		problems, and preventing the breakup of the family
5		where the prevention of child removal is desirable and
6		possible when the child can be cared for at home
7		without endangering the child's health and safety;
8		(D) restoring to their families children who have
9		been removed, by the provision of services to the
10		child and the families when the child can be cared for
11		at home without endangering the child's health and
12		safety;
13		(E) placing children in suitable adoptive homes,
14		in cases where restoration to the biological family is
15		not safe, possible, or appropriate;
16		(F) assuring safe and adequate care of children
17		away from their homes, in cases where the child cannot
18		be returned home or cannot be placed for adoption. At
19		the time of placement, the Department shall consider
20		concurrent planning, as described in subsection (l-1)
21		of this Section so that permanency may occur at the
22		earliest opportunity. Consideration should be given so
23		that if reunification fails or is delayed, the
24		placement made is the best available placement to
25		provide permanency for the child;
26		(G) (blank);

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1		(H) (blank); and
2		(I) placing and maintaining children in facilities
3		that provide separate living quarters for children
4		under the age of 18 and for children 18 years of age
5		and older, unless a child 18 years of age is in the
6		last year of high school education or vocational
7		training, in an approved individual or group treatment
8		program, in a licensed shelter facility, or secure
9		child care facility. The Department is not required to
10		place or maintain children:
11		(i) who are in a foster home, or
12		(ii) who are persons with a developmental
13		disability, as defined in the Mental Health and
14		Developmental Disabilities Code, or
15		(iii) who are female children who are
16		pregnant, pregnant and parenting, or parenting, or
17		(iv) who are siblings, in facilities that
18		provide separate living quarters for children 18
19		years of age and older and for children under 18
20		years of age.
21		(b) (Blank).
22		(b-5) The Department shall adopt rules to establish a
23		process for all licensed residential providers in Illinois to
24		submit data as required by the Department, if they contract or
25		receive reimbursement for children's mental health, substance
26		use, and developmental disability services from the Department

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1		of Human Services, the Department of Juvenile Justice, or the
2		Department of Healthcare and Family Services. The requested
3		data must include, but is not limited to, capacity, staffing,
4		and occupancy data for the purpose of establishing State need
5		and placement availability.
6		All information collected, shared, or stored pursuant to
7		this subsection shall be handled in accordance with all State
8		and federal privacy laws and accompanying regulations and
9		rules, including without limitation the federal Health
10		Insurance Portability and Accountability Act of 1996 (Public
11		Law 104-191) and the Mental Health and Developmental
12		Disabilities Confidentiality Act.
13		(c) The Department shall establish and maintain
14		tax-supported child welfare services and extend and seek to
15		improve voluntary services throughout the State, to the end
16		that services and care shall be available on an equal basis
17		throughout the State to children requiring such services.
18		(d) The Director may authorize advance disbursements for
19		any new program initiative to any agency contracting with the
20		Department. As a prerequisite for an advance disbursement, the
21		contractor must post a surety bond in the amount of the advance
22		disbursement and have a purchase of service contract approved
23		by the Department. The Department may pay up to 2 months
24		operational expenses in advance. The amount of the advance
25		disbursement shall be prorated over the life of the contract
26		or the remaining months of the fiscal year, whichever is less,

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1		and the installment amount shall then be deducted from future
2		bills. Advance disbursement authorizations for new initiatives
3		shall not be made to any agency after that agency has operated
4		during 2 consecutive fiscal years. The requirements of this
5		Section concerning advance disbursements shall not apply with
6		respect to the following: payments to local public agencies
7		for child day care services as authorized by Section 5a of this
8		Act; and youth service programs receiving grant funds under
9		Section 17a-4.
10		(e) (Blank).
11		(f) (Blank).
12		(g) The Department shall establish rules and regulations
13		concerning its operation of programs designed to meet the
14		goals of child safety and protection, family preservation,
15		family reunification, and adoption, including, but not limited
16		to:
17		(1) adoption;
18		(2) foster care;
19		(3) family counseling;
20		(4) protective services;
21		(5) (blank);
22		(6) homemaker service;
23		(7) return of runaway children;
24		(8) (blank);
25		(9) placement under Section 5-7 of the Juvenile Court
26		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

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1		Court Act of 1987 in accordance with the federal Adoption
2		Assistance and Child Welfare Act of 1980; and
3		(10) interstate services.
4		Rules and regulations established by the Department shall
5		include provisions for training Department staff and the staff
6		of Department grantees, through contracts with other agencies
7		or resources, in screening techniques to identify substance
8		use disorders, as defined in the Substance Use Disorder Act,
9		approved by the Department of Human Services, as a successor
10		to the Department of Alcoholism and Substance Abuse, for the
11		purpose of identifying children and adults who should be
12		referred for an assessment at an organization appropriately
13		licensed by the Department of Human Services for substance use
14		disorder treatment.
15		(h) If the Department finds that there is no appropriate
16		program or facility within or available to the Department for
17		a youth in care and that no licensed private facility has an
18		adequate and appropriate program or none agrees to accept the
19		youth in care, the Department shall create an appropriate
20		individualized, program-oriented plan for such youth in care.
21		The plan may be developed within the Department or through
22		purchase of services by the Department to the extent that it is
23		within its statutory authority to do.
24		(i) Service programs shall be available throughout the
25		State and shall include but not be limited to the following
26		services:

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1		(1) case management;
2		(2) homemakers;
3		(3) counseling;
4		(4) parent education;
5		(5) day care; and
6		(6) emergency assistance and advocacy.
7		In addition, the following services may be made available
8		to assess and meet the needs of children and families:
9		(1) comprehensive family-based services;
10		(2) assessments;
11		(3) respite care; and
12		(4) in-home health services.
13		The Department shall provide transportation for any of the
14		services it makes available to children or families or for
15		which it refers children or families.
16		(j) The Department may provide categories of financial
17		assistance and education assistance grants, and shall
18		establish rules and regulations concerning the assistance and
19		grants, to persons who adopt children with physical or mental
20		disabilities, children who are older, or other hard-to-place
21		children who (i) immediately prior to their adoption were
22		youth in care or (ii) were determined eligible for financial
23		assistance with respect to a prior adoption and who become
24		available for adoption because the prior adoption has been
25		dissolved and the parental rights of the adoptive parents have
26		been terminated or because the child's adoptive parents have

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

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1		of a child for adoption if an approved family is available
2		either outside of the Department region handling the case, or
3		outside of the State of Illinois.
4		(k) The Department shall accept for care and training any
5		child who has been adjudicated neglected or abused, or
6		dependent committed to it pursuant to the Juvenile Court Act
7		or the Juvenile Court Act of 1987.
8		(l) The Department shall offer family preservation
9		services, as defined in Section 8.2 of the Abused and
10		Neglected Child Reporting Act, to help families, including
11		adoptive and extended families. Family preservation services
12		shall be offered (i) to prevent the placement of children in
13		substitute care when the children can be cared for at home or
14		in the custody of the person responsible for the children's
15		welfare, (ii) to reunite children with their families, or
16		(iii) to maintain an adoptive placement. Family preservation
17		services shall only be offered when doing so will not endanger
18		the children's health or safety. With respect to children who
19		are in substitute care pursuant to the Juvenile Court Act of
20		1987, family preservation services shall not be offered if a
21		goal other than those of subdivisions (A), (B), or (B-1) of
22		subsection (2) of Section 2-28 of that Act has been set, except
23		that reunification services may be offered as provided in
24		paragraph (F) of subsection (2) of Section 2-28 of that Act.
25		Nothing in this paragraph shall be construed to create a
26		private right of action or claim on the part of any individual

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1		or child welfare agency, except that when a child is the
2		subject of an action under Article II of the Juvenile Court Act
3		of 1987 and the child's service plan calls for services to
4		facilitate achievement of the permanency goal, the court
5		hearing the action under Article II of the Juvenile Court Act
6		of 1987 may order the Department to provide the services set
7		out in the plan, if those services are not provided with
8		reasonable promptness and if those services are available.
9		The Department shall notify the child and his family of
10		the Department's responsibility to offer and provide family
11		preservation services as identified in the service plan. The
12		child and his family shall be eligible for services as soon as
13		the report is determined to be "indicated". The Department may
14		offer services to any child or family with respect to whom a
15		report of suspected child abuse or neglect has been filed,
16		prior to concluding its investigation under Section 7.12 of
17		the Abused and Neglected Child Reporting Act. However, the
18		child's or family's willingness to accept services shall not
19		be considered in the investigation. The Department may also
20		provide services to any child or family who is the subject of
21		any report of suspected child abuse or neglect or may refer
22		such child or family to services available from other agencies
23		in the community, even if the report is determined to be
24		unfounded, if the conditions in the child's or family's home
25		are reasonably likely to subject the child or family to future
26		reports of suspected child abuse or neglect. Acceptance of

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1		such services shall be voluntary. The Department may also
2		provide services to any child or family after completion of a
3		family assessment, as an alternative to an investigation, as
4		provided under the "differential response program" provided
5		for in subsection (a-5) of Section 7.4 of the Abused and
6		Neglected Child Reporting Act.
7		The Department may, at its discretion except for those
8		children also adjudicated neglected or dependent, accept for
9		care and training any child who has been adjudicated addicted,
10		as a truant minor in need of supervision or as a minor
11		requiring authoritative intervention, under the Juvenile Court
12		Act or the Juvenile Court Act of 1987, but no such child shall
13		be committed to the Department by any court without the
14		approval of the Department. On and after January 1, 2015 (the
15		effective date of Public Act 98-803) and before January 1,
16		2017, a minor charged with a criminal offense under the
17		Criminal Code of 1961 or the Criminal Code of 2012 or
18		adjudicated delinquent shall not be placed in the custody of
19		or committed to the Department by any court, except (i) a minor
20		less than 16 years of age committed to the Department under
21		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22		for whom an independent basis of abuse, neglect, or dependency
23		exists, which must be defined by departmental rule, or (iii) a
24		minor for whom the court has granted a supplemental petition
25		to reinstate wardship pursuant to subsection (2) of Section
26		2-33 of the Juvenile Court Act of 1987. On and after January 1,

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1		2017, a minor charged with a criminal offense under the
2		Criminal Code of 1961 or the Criminal Code of 2012 or
3		adjudicated delinquent shall not be placed in the custody of
4		or committed to the Department by any court, except (i) a minor
5		less than 15 years of age committed to the Department under
6		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7		for whom an independent basis of abuse, neglect, or dependency
8		exists, which must be defined by departmental rule, or (iii) a
9		minor for whom the court has granted a supplemental petition
10		to reinstate wardship pursuant to subsection (2) of Section
11		2-33 of the Juvenile Court Act of 1987. An independent basis
12		exists when the allegations or adjudication of abuse, neglect,
13		or dependency do not arise from the same facts, incident, or
14		circumstances which give rise to a charge or adjudication of
15		delinquency. The Department shall assign a caseworker to
16		attend any hearing involving a youth in the care and custody of
17		the Department who is placed on aftercare release, including
18		hearings involving sanctions for violation of aftercare
19		release conditions and aftercare release revocation hearings.
20		As soon as is possible after August 7, 2009 (the effective
21		date of Public Act 96-134), the Department shall develop and
22		implement a special program of family preservation services to
23		support intact, foster, and adoptive families who are
24		experiencing extreme hardships due to the difficulty and
25		stress of caring for a child who has been diagnosed with a
26		pervasive developmental disorder if the Department determines

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

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

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1		best interests. At the time of placement, consideration should
2		also be given so that if reunification fails or is delayed, the
3		placement made is the best available placement to provide
4		permanency for the child.
5		The Department shall adopt rules addressing concurrent
6		planning for reunification and permanency. The Department
7		shall consider the following factors when determining
8		appropriateness of concurrent planning:
9		(1) the likelihood of prompt reunification;
10		(2) the past history of the family;
11		(3) the barriers to reunification being addressed by
12		the family;
13		(4) the level of cooperation of the family;
14		(5) the foster parents' willingness to work with the
15		family to reunite;
16		(6) the willingness and ability of the foster family
17		to provide an adoptive home or long-term placement;
18		(7) the age of the child;
19		(8) placement of siblings.
20		(m) The Department may assume temporary custody of any
21		child if:
22		(1) it has received a written consent to such
23		temporary custody signed by the parents of the child or by
24		the parent having custody of the child if the parents are
25		not living together or by the guardian or custodian of the
26		child if the child is not in the custody of either parent,

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

SB0724 Enrolled - 22 - LRB103 29722 SPS 56127 b
1		acceptance under the Juvenile Court Act of 1987 of a minor in
2		limited custody, the Department, during the period of
3		temporary custody and before the child is brought before a
4		judicial officer as required by Section 2-9, 3-11, 4-8, or
5		5-415 of the Juvenile Court Act of 1987, shall have the
6		authority, responsibilities and duties that a legal custodian
7		of the child would have under subsection (9) of Section 1-3 of
8		the Juvenile Court Act of 1987.
9		The Department shall ensure that any child taken into
10		custody is scheduled for an appointment for a medical
11		examination.
12		A parent, guardian, or custodian of a child in the
13		temporary custody of the Department who would have custody of
14		the child if he were not in the temporary custody of the
15		Department may deliver to the Department a signed request that
16		the Department surrender the temporary custody of the child.
17		The Department may retain temporary custody of the child for
18		10 days after the receipt of the request, during which period
19		the Department may cause to be filed a petition pursuant to the
20		Juvenile Court Act of 1987. If a petition is so filed, the
21		Department shall retain temporary custody of the child until
22		the court orders otherwise. If a petition is not filed within
23		the 10-day period, the child shall be surrendered to the
24		custody of the requesting parent, guardian, or custodian not
25		later than the expiration of the 10-day period, at which time
26		the authority and duties of the Department with respect to the

SB0724 Enrolled - 23 - LRB103 29722 SPS 56127 b
1		temporary custody of the child shall terminate.
2		(m-1) The Department may place children under 18 years of
3		age in a secure child care facility licensed by the Department
4		that cares for children who are in need of secure living
5		arrangements for their health, safety, and well-being after a
6		determination is made by the facility director and the
7		Director or the Director's designate prior to admission to the
8		facility subject to Section 2-27.1 of the Juvenile Court Act
9		of 1987. This subsection (m-1) does not apply to a child who is
10		subject to placement in a correctional facility operated
11		pursuant to Section 3-15-2 of the Unified Code of Corrections,
12		unless the child is a youth in care who was placed in the care
13		of the Department before being subject to placement in a
14		correctional facility and a court of competent jurisdiction
15		has ordered placement of the child in a secure care facility.
16		(n) The Department may place children under 18 years of
17		age in licensed child care facilities when in the opinion of
18		the Department, appropriate services aimed at family
19		preservation have been unsuccessful and cannot ensure the
20		child's health and safety or are unavailable and such
21		placement would be for their best interest. Payment for board,
22		clothing, care, training and supervision of any child placed
23		in a licensed child care facility may be made by the
24		Department, by the parents or guardians of the estates of
25		those children, or by both the Department and the parents or
26		guardians, except that no payments shall be made by the

SB0724 Enrolled - 24 - LRB103 29722 SPS 56127 b
1		Department for any child placed in a licensed child care
2		facility for board, clothing, care, training and supervision
3		of such a child that exceed the average per capita cost of
4		maintaining and of caring for a child in institutions for
5		dependent or neglected children operated by the Department.
6		However, such restriction on payments does not apply in cases
7		where children require specialized care and treatment for
8		problems of severe emotional disturbance, physical disability,
9		social adjustment, or any combination thereof and suitable
10		facilities for the placement of such children are not
11		available at payment rates within the limitations set forth in
12		this Section. All reimbursements for services delivered shall
13		be absolutely inalienable by assignment, sale, attachment, or
14		garnishment or otherwise.
15		(n-1) The Department shall provide or authorize child
16		welfare services, aimed at assisting minors to achieve
17		sustainable self-sufficiency as independent adults, for any
18		minor eligible for the reinstatement of wardship pursuant to
19		subsection (2) of Section 2-33 of the Juvenile Court Act of
20		1987, whether or not such reinstatement is sought or allowed,
21		provided that the minor consents to such services and has not
22		yet attained the age of 21. The Department shall have
23		responsibility for the development and delivery of services
24		under this Section. An eligible youth may access services
25		under this Section through the Department of Children and
26		Family Services or by referral from the Department of Human

SB0724 Enrolled - 25 - LRB103 29722 SPS 56127 b
1		Services. Youth participating in services under this Section
2		shall cooperate with the assigned case manager in developing
3		an agreement identifying the services to be provided and how
4		the youth will increase skills to achieve self-sufficiency. A
5		homeless shelter is not considered appropriate housing for any
6		youth receiving child welfare services under this Section. The
7		Department shall continue child welfare services under this
8		Section to any eligible minor until the minor becomes 21 years
9		of age, no longer consents to participate, or achieves
10		self-sufficiency as identified in the minor's service plan.
11		The Department of Children and Family Services shall create
12		clear, readable notice of the rights of former foster youth to
13		child welfare services under this Section and how such
14		services may be obtained. The Department of Children and
15		Family Services and the Department of Human Services shall
16		disseminate this information statewide. The Department shall
17		adopt regulations describing services intended to assist
18		minors in achieving sustainable self-sufficiency as
19		independent adults.
20		(o) The Department shall establish an administrative
21		review and appeal process for children and families who
22		request or receive child welfare services from the Department.
23		Youth in care who are placed by private child welfare
24		agencies, and foster families with whom those youth are
25		placed, shall be afforded the same procedural and appeal
26		rights as children and families in the case of placement by the

SB0724 Enrolled - 26 - LRB103 29722 SPS 56127 b
1		Department, including the right to an initial review of a
2		private agency decision by that agency. The Department shall
3		ensure that any private child welfare agency, which accepts
4		youth in care for placement, affords those rights to children
5		and foster families. The Department shall accept for
6		administrative review and an appeal hearing a complaint made
7		by (i) a child or foster family concerning a decision
8		following an initial review by a private child welfare agency
9		or (ii) a prospective adoptive parent who alleges a violation
10		of subsection (j-5) of this Section. An appeal of a decision
11		concerning a change in the placement of a child shall be
12		conducted in an expedited manner. A court determination that a
13		current foster home placement is necessary and appropriate
14		under Section 2-28 of the Juvenile Court Act of 1987 does not
15		constitute a judicial determination on the merits of an
16		administrative appeal, filed by a former foster parent,
17		involving a change of placement decision.
18		(p) (Blank).
19		(q) The Department may receive and use, in their entirety,
20		for the benefit of children any gift, donation, or bequest of
21		money or other property which is received on behalf of such
22		children, or any financial benefits to which such children are
23		or may become entitled while under the jurisdiction or care of
24		the Department, except that the benefits described in Section
25		5.46 must be used and conserved consistent with the provisions
26		under Section 5.46.

SB0724 Enrolled - 27 - LRB103 29722 SPS 56127 b
1		The Department shall set up and administer no-cost,
2		interest-bearing accounts in appropriate financial
3		institutions for children for whom the Department is legally
4		responsible and who have been determined eligible for
5		Veterans' Benefits, Social Security benefits, assistance
6		allotments from the armed forces, court ordered payments,
7		parental voluntary payments, Supplemental Security Income,
8		Railroad Retirement payments, Black Lung benefits, or other
9		miscellaneous payments. Interest earned by each account shall
10		be credited to the account, unless disbursed in accordance
11		with this subsection.
12		In disbursing funds from children's accounts, the
13		Department shall:
14		(1) Establish standards in accordance with State and
15		federal laws for disbursing money from children's
16		accounts. In all circumstances, the Department's
17		"Guardianship Administrator" or his or her designee must
18		approve disbursements from children's accounts. The
19		Department shall be responsible for keeping complete
20		records of all disbursements for each account for any
21		purpose.
22		(2) Calculate on a monthly basis the amounts paid from
23		State funds for the child's board and care, medical care
24		not covered under Medicaid, and social services; and
25		utilize funds from the child's account, as covered by
26		regulation, to reimburse those costs. Monthly,

SB0724 Enrolled - 28 - LRB103 29722 SPS 56127 b
1		disbursements from all children's accounts, up to 1/12 of
2		$13,000,000, shall be deposited by the Department into the
3		General Revenue Fund and the balance over 1/12 of
4		$13,000,000 into the DCFS Children's Services Fund.
5		(3) Maintain any balance remaining after reimbursing
6		for the child's costs of care, as specified in item (2).
7		The balance shall accumulate in accordance with relevant
8		State and federal laws and shall be disbursed to the child
9		or his or her guardian, or to the issuing agency.
10		(r) The Department shall promulgate regulations
11		encouraging all adoption agencies to voluntarily forward to
12		the Department or its agent names and addresses of all persons
13		who have applied for and have been approved for adoption of a
14		hard-to-place child or child with a disability and the names
15		of such children who have not been placed for adoption. A list
16		of such names and addresses shall be maintained by the
17		Department or its agent, and coded lists which maintain the
18		confidentiality of the person seeking to adopt the child and
19		of the child shall be made available, without charge, to every
20		adoption agency in the State to assist the agencies in placing
21		such children for adoption. The Department may delegate to an
22		agent its duty to maintain and make available such lists. The
23		Department shall ensure that such agent maintains the
24		confidentiality of the person seeking to adopt the child and
25		of the child.
26		(s) The Department of Children and Family Services may

SB0724 Enrolled - 29 - LRB103 29722 SPS 56127 b
1		establish and implement a program to reimburse Department and
2		private child welfare agency foster parents licensed by the
3		Department of Children and Family Services for damages
4		sustained by the foster parents as a result of the malicious or
5		negligent acts of foster children, as well as providing third
6		party coverage for such foster parents with regard to actions
7		of foster children to other individuals. Such coverage will be
8		secondary to the foster parent liability insurance policy, if
9		applicable. The program shall be funded through appropriations
10		from the General Revenue Fund, specifically designated for
11		such purposes.
12		(t) The Department shall perform home studies and
13		investigations and shall exercise supervision over visitation
14		as ordered by a court pursuant to the Illinois Marriage and
15		Dissolution of Marriage Act or the Adoption Act only if:
16		(1) an order entered by an Illinois court specifically
17		directs the Department to perform such services; and
18		(2) the court has ordered one or both of the parties to
19		the proceeding to reimburse the Department for its
20		reasonable costs for providing such services in accordance
21		with Department rules, or has determined that neither
22		party is financially able to pay.
23		The Department shall provide written notification to the
24		court of the specific arrangements for supervised visitation
25		and projected monthly costs within 60 days of the court order.
26		The Department shall send to the court information related to

SB0724 Enrolled - 30 - LRB103 29722 SPS 56127 b
1		the costs incurred except in cases where the court has
2		determined the parties are financially unable to pay. The
3		court may order additional periodic reports as appropriate.
4		(u) In addition to other information that must be
5		provided, whenever the Department places a child with a
6		prospective adoptive parent or parents, in a licensed foster
7		home, group home, or child care institution, or in a relative
8		home, the Department shall provide to the prospective adoptive
9		parent or parents or other caretaker:
10		(1) available detailed information concerning the
11		child's educational and health history, copies of
12		immunization records (including insurance and medical card
13		information), a history of the child's previous
14		placements, if any, and reasons for placement changes
15		excluding any information that identifies or reveals the
16		location of any previous caretaker;
17		(2) a copy of the child's portion of the client
18		service plan, including any visitation arrangement, and
19		all amendments or revisions to it as related to the child;
20		and
21		(3) information containing details of the child's
22		individualized educational plan when the child is
23		receiving special education services.
24		The caretaker shall be informed of any known social or
25		behavioral information (including, but not limited to,
26		criminal background, fire setting, perpetuation of sexual

SB0724 Enrolled - 31 - LRB103 29722 SPS 56127 b
1		abuse, destructive behavior, and substance abuse) necessary to
2		care for and safeguard the children to be placed or currently
3		in the home. The Department may prepare a written summary of
4		the information required by this paragraph, which may be
5		provided to the foster or prospective adoptive parent in
6		advance of a placement. The foster or prospective adoptive
7		parent may review the supporting documents in the child's file
8		in the presence of casework staff. In the case of an emergency
9		placement, casework staff shall at least provide known
10		information verbally, if necessary, and must subsequently
11		provide the information in writing as required by this
12		subsection.
13		The information described in this subsection shall be
14		provided in writing. In the case of emergency placements when
15		time does not allow prior review, preparation, and collection
16		of written information, the Department shall provide such
17		information as it becomes available. Within 10 business days
18		after placement, the Department shall obtain from the
19		prospective adoptive parent or parents or other caretaker a
20		signed verification of receipt of the information provided.
21		Within 10 business days after placement, the Department shall
22		provide to the child's guardian ad litem a copy of the
23		information provided to the prospective adoptive parent or
24		parents or other caretaker. The information provided to the
25		prospective adoptive parent or parents or other caretaker
26		shall be reviewed and approved regarding accuracy at the

SB0724 Enrolled - 32 - LRB103 29722 SPS 56127 b
1		supervisory level.
2		(u-5) Effective July 1, 1995, only foster care placements
3		licensed as foster family homes pursuant to the Child Care Act
4		of 1969 shall be eligible to receive foster care payments from
5		the Department. Relative caregivers who, as of July 1, 1995,
6		were approved pursuant to approved relative placement rules
7		previously promulgated by the Department at 89 Ill. Adm. Code
8		335 and had submitted an application for licensure as a foster
9		family home may continue to receive foster care payments only
10		until the Department determines that they may be licensed as a
11		foster family home or that their application for licensure is
12		denied or until September 30, 1995, whichever occurs first.
13		(v) The Department shall access criminal history record
14		information as defined in the Illinois Uniform Conviction
15		Information Act and information maintained in the adjudicatory
16		and dispositional record system as defined in Section 2605-355
17		of the Illinois State Police Law if the Department determines
18		the information is necessary to perform its duties under the
19		Abused and Neglected Child Reporting Act, the Child Care Act
20		of 1969, and the Children and Family Services Act. The
21		Department shall provide for interactive computerized
22		communication and processing equipment that permits direct
23		on-line communication with the Illinois State Police's central
24		criminal history data repository. The Department shall comply
25		with all certification requirements and provide certified
26		operators who have been trained by personnel from the Illinois

SB0724 Enrolled - 33 - LRB103 29722 SPS 56127 b
1		State Police. In addition, one Office of the Inspector General
2		investigator shall have training in the use of the criminal
3		history information access system and have access to the
4		terminal. The Department of Children and Family Services and
5		its employees shall abide by rules and regulations established
6		by the Illinois State Police relating to the access and
7		dissemination of this information.
8		(v-1) Prior to final approval for placement of a child,
9		the Department shall conduct a criminal records background
10		check of the prospective foster or adoptive parent, including
11		fingerprint-based checks of national crime information
12		databases. Final approval for placement shall not be granted
13		if the record check reveals a felony conviction for child
14		abuse or neglect, for spousal abuse, for a crime against
15		children, or for a crime involving violence, including rape,
16		sexual assault, or homicide, but not including other physical
17		assault or battery, or if there is a felony conviction for
18		physical assault, battery, or a drug-related offense committed
19		within the past 5 years.
20		(v-2) Prior to final approval for placement of a child,
21		the Department shall check its child abuse and neglect
22		registry for information concerning prospective foster and
23		adoptive parents, and any adult living in the home. If any
24		prospective foster or adoptive parent or other adult living in
25		the home has resided in another state in the preceding 5 years,
26		the Department shall request a check of that other state's

SB0724 Enrolled - 34 - LRB103 29722 SPS 56127 b
1		child abuse and neglect registry.
2		(w) Within 120 days of August 20, 1995 (the effective date
3		of Public Act 89-392), the Department shall prepare and submit
4		to the Governor and the General Assembly, a written plan for
5		the development of in-state licensed secure child care
6		facilities that care for children who are in need of secure
7		living arrangements for their health, safety, and well-being.
8		For purposes of this subsection, secure care facility shall
9		mean a facility that is designed and operated to ensure that
10		all entrances and exits from the facility, a building or a
11		distinct part of the building, are under the exclusive control
12		of the staff of the facility, whether or not the child has the
13		freedom of movement within the perimeter of the facility,
14		building, or distinct part of the building. The plan shall
15		include descriptions of the types of facilities that are
16		needed in Illinois; the cost of developing these secure care
17		facilities; the estimated number of placements; the potential
18		cost savings resulting from the movement of children currently
19		out-of-state who are projected to be returned to Illinois; the
20		necessary geographic distribution of these facilities in
21		Illinois; and a proposed timetable for development of such
22		facilities.
23		(x) The Department shall conduct annual credit history
24		checks to determine the financial history of children placed
25		under its guardianship pursuant to the Juvenile Court Act of
26		1987. The Department shall conduct such credit checks starting

SB0724 Enrolled - 35 - LRB103 29722 SPS 56127 b
1		when a youth in care turns 12 years old and each year
2		thereafter for the duration of the guardianship as terminated
3		pursuant to the Juvenile Court Act of 1987. The Department
4		shall determine if financial exploitation of the child's
5		personal information has occurred. If financial exploitation
6		appears to have taken place or is presently ongoing, the
7		Department shall notify the proper law enforcement agency, the
8		proper State's Attorney, or the Attorney General.
9		(y) Beginning on July 22, 2010 (the effective date of
10		Public Act 96-1189), a child with a disability who receives
11		residential and educational services from the Department shall
12		be eligible to receive transition services in accordance with
13		Article 14 of the School Code from the age of 14.5 through age
14		21, inclusive, notwithstanding the child's residential
15		services arrangement. For purposes of this subsection, "child
16		with a disability" means a child with a disability as defined
17		by the federal Individuals with Disabilities Education
18		Improvement Act of 2004.
19		(z) The Department shall access criminal history record
20		information as defined as "background information" in this
21		subsection and criminal history record information as defined
22		in the Illinois Uniform Conviction Information Act for each
23		Department employee or Department applicant. Each Department
24		employee or Department applicant shall submit his or her
25		fingerprints to the Illinois State Police in the form and
26		manner prescribed by the Illinois State Police. These

SB0724 Enrolled - 36 - LRB103 29722 SPS 56127 b
1		fingerprints shall be checked against the fingerprint records
2		now and hereafter filed in the Illinois State Police and the
3		Federal Bureau of Investigation criminal history records
4		databases. The Illinois State Police shall charge a fee for
5		conducting the criminal history record check, which shall be
6		deposited into the State Police Services Fund and shall not
7		exceed the actual cost of the record check. The Illinois State
8		Police shall furnish, pursuant to positive identification, all
9		Illinois conviction information to the Department of Children
10		and Family Services.
11		For purposes of this subsection:
12		"Background information" means all of the following:
13		(i) Upon the request of the Department of Children and
14		Family Services, conviction information obtained from the
15		Illinois State Police as a result of a fingerprint-based
16		criminal history records check of the Illinois criminal
17		history records database and the Federal Bureau of
18		Investigation criminal history records database concerning
19		a Department employee or Department applicant.
20		(ii) Information obtained by the Department of
21		Children and Family Services after performing a check of
22		the Illinois State Police's Sex Offender Database, as
23		authorized by Section 120 of the Sex Offender Community
24		Notification Law, concerning a Department employee or
25		Department applicant.
26		(iii) Information obtained by the Department of

SB0724 Enrolled - 37 - LRB103 29722 SPS 56127 b
1		Children and Family Services after performing a check of
2		the Child Abuse and Neglect Tracking System (CANTS)
3		operated and maintained by the Department.
4		"Department employee" means a full-time or temporary
5		employee coded or certified within the State of Illinois
6		Personnel System.
7		"Department applicant" means an individual who has
8		conditional Department full-time or part-time work, a
9		contractor, an individual used to replace or supplement staff,
10		an academic intern, a volunteer in Department offices or on
11		Department contracts, a work-study student, an individual or
12		entity licensed by the Department, or an unlicensed service
13		provider who works as a condition of a contract or an agreement
14		and whose work may bring the unlicensed service provider into
15		contact with Department clients or client records.
16		(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
17		101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
18		8-20-21; 102-1014, eff. 5-27-22.)
19		(20 ILCS 505/17) (from Ch. 23, par. 5017)
20		Sec. 17. Youth and Community Services Program. The
21		Department of Human Services shall develop a State program for
22		youth and community services which will assure that youth who
23		come into contact or may come into contact with either the
24		child welfare system or the juvenile the child welfare and the
25		juvenile justice system systems will have access to needed

SB0724 Enrolled - 38 - LRB103 29722 SPS 56127 b
1		community, prevention, diversion, emergency and independent
2		living services. The term "youth" means a person under the age
3		of 19 years. The term "homeless youth" means a youth who cannot
4		be reunited with his or her family and is not in a safe and
5		stable living situation. This Section shall not be construed
6		to require the Department of Human Services to provide
7		services under this Section to any homeless youth who is at
8		least 18 years of age but is younger than 19 years of age;
9		however, the Department may, in its discretion, provide
10		services under this Section to any such homeless youth.
11		(a) The goals of the program shall be to:
12		(1) maintain children and youths in their own
13		community;
14		(2) eliminate unnecessary categorical funding of
15		programs by funding more comprehensive and integrated
16		programs;
17		(3) encourage local volunteers and voluntary
18		associations in developing programs aimed at preventing
19		and controlling juvenile delinquency;
20		(4) address voids in services and close service gaps;
21		(5) develop program models aimed at strengthening the
22		relationships between youth and their families and aimed
23		at developing healthy, independent lives for homeless
24		youth;
25		(6) contain costs by redirecting funding to more
26		comprehensive and integrated community-based services; and

SB0724 Enrolled - 39 - LRB103 29722 SPS 56127 b
1		(7) coordinate education, employment, training and
2		other programs for youths with other State agencies.
3		(b) The duties of the Department under the program shall
4		be to:
5		(1) design models for service delivery by local
6		communities;
7		(2) test alternative systems for delivering youth
8		services;
9		(3) develop standards necessary to achieve and
10		maintain, on a statewide basis, more comprehensive and
11		integrated community-based youth services;
12		(4) monitor and provide technical assistance to local
13		boards and local service systems;
14		(5) assist local organizations in developing programs
15		which address the problems of youths and their families
16		through direct services, advocacy with institutions, and
17		improvement of local conditions; and
18		(6) (blank); and develop a statewide adoption
19		awareness campaign aimed at pregnant teenagers.
20		(7) establish temporary emergency placements for youth
21		in crisis as defined by the Children's Behavioral Health
22		Transformation Team through comprehensive community-based
23		youth services provider grants.
24		(A) Temporary emergency placements:
25		(i) must be licensed through the Department of
26		Children and Family Services or, in the case of a

SB0724 Enrolled - 40 - LRB103 29722 SPS 56127 b
1		foster home or host home, by the supervising child
2		welfare agency;
3		(ii) must be strategically situated to meet
4		regional need and minimize geographic disruption
5		in consultation with the Children's Behavioral
6		Health Transformation Officer and the Children's
7		Behavioral Health Transformation Team; and
8		(iii) shall include Comprehensive
9		Community-Based Youth Services program host homes,
10		foster homes, homeless youth shelters, Department
11		of Children and Family Services youth shelters, or
12		other licensed placements for minor youth
13		compliant with the Child Care Act of 1969 provided
14		under the Comprehensive Community-Based Youth
15		Services program.
16		(B) Beginning on the effective date of this
17		amendatory Act of the 103rd General Assembly, once
18		sufficient capacity has been developed, temporary
19		emergency placements must also include temporary
20		emergency placement shelters provided under the
21		Comprehensive Community-Based Youth Services program.
22		Temporary emergency placement shelters shall be
23		managed by Comprehensive Community-Based Youth
24		Services provider organizations and shall be available
25		to house youth receiving interim 24/7 crisis
26		intervention services as defined by the Juvenile Court

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1		Act of 1987 and the Comprehensive Community-Based
2		Youth Services program grant and the Department, and
3		shall provide access to clinical supports for youth
4		while staying at the shelter.
5		(C) Comprehensive Community-Based Youth Services
6		organizations shall retain the sole authority to place
7		youth in host homes and temporary emergency placement
8		shelters provided under the Comprehensive
9		Community-Based Youth Services program.
10		(D) Crisis youth, as defined by the Children's
11		Behavioral Health Transformation Team, shall be
12		prioritized in temporary emergency placements.
13		(E) Additional placement options may be authorized
14		for crisis and non-crisis program youth with the
15		permission of the youth's parent or legal guardian.
16		(F) While in a temporary emergency placement, the
17		organization shall work with the parent, guardian, or
18		custodian to effectuate the youth's return home or to
19		an alternative long-term living arrangement. As
20		necessary, the agency or association shall also work
21		with the youth's local school district, the
22		Department, the Department of Human Services, the
23		Department of Healthcare and Family Services, and the
24		Department of Juvenile Justice to identify immediate
25		and long-term services, treatment, or placement.
26		Nothing in this Section shall be construed or applied in a

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1		manner that would conflict with, diminish, or infringe upon,
2		any State agency's obligation to comply fully with
3		requirements imposed under a court order or State or federal
4		consent decree applicable to that agency.
5		(Source: P.A. 89-507, eff. 7-1-97.)
6		Section 17. The Mental Health and Developmental
7		Disabilities Administrative Act is amended by adding Section
8		11.4 as follows:
9		(20 ILCS 1705/11.4 new)
10		Sec. 11.4. Care portal for families with children who have
11		complex behavioral health needs. The Department shall
12		establish and maintain a public-facing Care Portal to serve as
13		a centralized resource for families with children who have
14		significant and complex behavioral health needs. The Care
15		Portal shall streamline the process of directing families and
16		guardians to the appropriate level and type of care for their
17		children. In consultation with the Children's Behavioral
18		Health Transformation Officer, the Department shall develop
19		specifications for the Care Portal that ensure automatic
20		service eligibility matching, transparent data sharing,
21		regular reporting, and appropriate staffing, among other
22		items. The Department shall, in coordination with the
23		Departments of Children and Family Services, Healthcare and
24		Family Services, Juvenile Justice, and Public Health as well

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1		as the State Board of Education, develop training and
2		communication for school districts, hospital social workers,
3		and system partners to demonstrate how individuals can assist
4		a family seeking youth behavioral health services and how to
5		access the Care Portal. Such training must include information
6		on the applicable federal and State law for the determination
7		of the need for residential placements for educational
8		purposes by individualized education program (IEP) teams.
9		Procedures for use of the Care Portal must not prohibit or
10		limit residential facilities from accepting students placed by
11		school districts for educational purposes as determined by the
12		IEP team.
13		Section 20. The School Code is amended by changing
14		Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section
15		2-3.196 as follows:
16		(105 ILCS 5/2-3.163)
17		Sec. 2-3.163. Prioritization of Urgency of Need for
18		Services database.
19		(a) The General Assembly makes all of the following
20		findings:
21		(1) The Department of Human Services maintains a
22		statewide database known as the Prioritization of Urgency
23		of Need for Services that records information about
24		individuals with developmental disabilities who are

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1		potentially in need of services.
2		(2) The Department of Human Services uses the data on
3		Prioritization of Urgency of Need for Services to select
4		individuals for services as funding becomes available, to
5		develop proposals and materials for budgeting, and to plan
6		for future needs.
7		(3) Prioritization of Urgency of Need for Services is
8		available for children and adults with a developmental
9		disability who have an unmet service need anticipated in
10		the next 5 years.
11		(4) Prioritization of Urgency of Need for Services is
12		the first step toward getting developmental disabilities
13		services in this State. If individuals are not on the
14		Prioritization of Urgency of Need for Services waiting
15		list, they are not in queue for State developmental
16		disabilities services.
17		(5) Prioritization of Urgency of Need for Services may
18		be underutilized by children and their parents or
19		guardians due to lack of awareness or lack of information.
20		(b) The State Board of Education may work with school
21		districts to inform all students with developmental
22		disabilities and their parents or guardians about the
23		Prioritization of Urgency of Need for Services database.
24		(c) Subject to appropriation, the Department of Human
25		Services and State Board of Education shall develop and
26		implement an online, computer-based training program for at

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1		least one designated employee in every public school in this
2		State to educate him or her about the Prioritization of
3		Urgency of Need for Services database and steps to be taken to
4		ensure children and adolescents are enrolled. The training
5		shall include instruction for at least one designated employee
6		in every public school in contacting the appropriate
7		developmental disabilities Independent Service Coordination
8		agency to enroll children and adolescents in the database. At
9		least one designated employee in every public school shall
10		ensure the opportunity to enroll in the Prioritization of
11		Urgency of Need for Services database is discussed during
12		annual individualized education program (IEP) meetings for all
13		children and adolescents believed to have a developmental
14		disability.
15		(d) The State Board of Education, in consultation with the
16		Department of Human Services, through school districts, shall
17		provide to parents and guardians of students a copy of the
18		Department of Human Services's guide titled "Understanding
19		PUNS: A Guide to Prioritization for Urgency of Need for
20		Services" each year at the annual review meeting for the
21		student's individualized education program, including the
22		consideration required in subsection (e) of this Section.
23		(e) The Department of Human Services shall consider the
24		length of time spent on the Prioritization of Urgency of Need
25		for Services waiting list, in addition to other factors
26		considered, when selecting individuals on the list for

SB0724 Enrolled - 46 - LRB103 29722 SPS 56127 b
1		services.
2		(f) Subject to appropriation, the Department of Human
3		Services shall expand its selection of individuals from the
4		Prioritization of Urgency of Need for Services database to
5		include individuals who receive services through the Children
6		and Young Adults with Developmental Disabilities - Support
7		Waiver.
8		(Source: P.A. 102-57, eff. 7-9-21.)
9		(105 ILCS 5/2-3.196 new)
10		Sec. 2-3.196. Mental health screenings. On or before
11		December 15, 2023, the State Board of Education, in
12		consultation with the Children's Behavioral Health
13		Transformation Officer, Children's Behavioral Health
14		Transformation Team, and the Office of the Governor, shall
15		file a report with the Governor and the General Assembly that
16		includes recommendations for implementation of mental health
17		screenings in schools for students enrolled in kindergarten
18		through grade 12. This report must include a landscape scan of
19		current district-wide screenings, recommendations for
20		screening tools, training for staff, and linkage and referral
21		for identified students.
22		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
23		Sec. 14-7.02. Children attending private schools, public
24		out-of-state schools, public school residential facilities or

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1		private special education facilities.
2		(a) The General Assembly recognizes that non-public
3		schools or special education facilities provide an important
4		service in the educational system in Illinois.
5		(b) If a student's individualized education program (IEP)
6		team determines that because of his or her disability the
7		special education program of a district is unable to meet the
8		needs of the child and the child attends a non-public school or
9		special education facility, a public out-of-state school or a
10		special education facility owned and operated by a county
11		government unit that provides special educational services
12		required by the child and is in compliance with the
13		appropriate rules and regulations of the State Superintendent
14		of Education, the school district in which the child is a
15		resident shall pay the actual cost of tuition for special
16		education and related services provided during the regular
17		school term and during the summer school term if the child's
18		educational needs so require, excluding room, board and
19		transportation costs charged the child by that non-public
20		school or special education facility, public out-of-state
21		school or county special education facility, or $4,500 per
22		year, whichever is less, and shall provide him any necessary
23		transportation. "Nonpublic special education facility" shall
24		include a residential facility, within or without the State of
25		Illinois, which provides special education and related
26		services to meet the needs of the child by utilizing private

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1		schools or public schools, whether located on the site or off
2		the site of the residential facility. Resident district
3		financial responsibility and reimbursement applies for both
4		nonpublic special education facilities that are approved by
5		the State Board of Education pursuant to 23 Ill. Adm. Code 401
6		or other applicable laws or rules and for emergency placements
7		in nonpublic special education facilities that are not
8		approved by the State Board of Education pursuant to 23 Ill.
9		Adm. Code 401 or other applicable laws or rules, subject to the
10		requirements of this Section.
11		(c) Prior to the placement of a child in an out-of-state
12		special education residential facility, the school district
13		must refer to the child or the child's parent or guardian the
14		option to place the child in a special education residential
15		facility located within this State, if any, that provides
16		treatment and services comparable to those provided by the
17		out-of-state special education residential facility. The
18		school district must review annually the placement of a child
19		in an out-of-state special education residential facility. As
20		a part of the review, the school district must refer to the
21		child or the child's parent or guardian the option to place the
22		child in a comparable special education residential facility
23		located within this State, if any.
24		(c-5) Before a provider that operates a nonpublic special
25		education facility terminates a student's placement in that
26		facility, the provider must request an IEP meeting from the

SB0724 Enrolled - 49 - LRB103 29722 SPS 56127 b
1		contracting school district. If the provider elects to
2		terminate the student's placement following the IEP meeting,
3		the provider must give written notice to this effect to the
4		parent or guardian, the contracting public school district,
5		and the State Board of Education no later than 20 business days
6		before the date of termination, unless the health and safety
7		of any student are endangered. The notice must include the
8		detailed reasons for the termination and any actions taken to
9		address the reason for the termination.
10		(d) Payments shall be made by the resident school district
11		to the entity providing the educational services, whether the
12		entity is the nonpublic special education facility or the
13		school district wherein the facility is located, no less than
14		once per quarter, unless otherwise agreed to in writing by the
15		parties.
16		(e) A school district may place a student in a nonpublic
17		special education facility providing educational services, but
18		not approved by the State Board of Education pursuant to 23
19		Ill. Adm. Code 401 or other applicable laws or rules, provided
20		that the State Board of Education provides an emergency and
21		student-specific approval for placement. The State Board of
22		Education shall promptly, within 10 days after the request,
23		approve a request for emergency and student-specific approval
24		for placement if the following have been demonstrated to the
25		State Board of Education:
26		(1) the facility demonstrates appropriate licensure of

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1		teachers for the student population;
2		(2) the facility demonstrates age-appropriate
3		curriculum;
4		(3) the facility provides enrollment and attendance
5		data;
6		(4) the facility demonstrates the ability to implement
7		the child's IEP; and
8		(5) the school district demonstrates that it made good
9		faith efforts to place the student in an approved
10		facility, but no approved facility has accepted the
11		student or has availability for immediate placement of the
12		student.
13		A resident school district may also submit such proof to the
14		State Board of Education as may be required for its student.
15		The State Board of Education may not unreasonably withhold
16		approval once satisfactory proof is provided to the State
17		Board.
18		(f) If an impartial due process hearing officer who is
19		contracted by the State Board of Education pursuant to this
20		Article orders placement of a student with a disability in a
21		residential facility that is not approved by the State Board
22		of Education, then, for purposes of this Section, the facility
23		shall be deemed approved for placement and school district
24		payments and State reimbursements shall be made accordingly.
25		(g) Emergency placement in a facility approved pursuant to
26		subsection (e) or (f) may continue to be utilized so long as

SB0724 Enrolled - 51 - LRB103 29722 SPS 56127 b
1		(i) the student's IEP team determines annually that such
2		placement continues to be appropriate to meet the student's
3		needs and (ii) at least every 3 years following the student's
4		placement, the IEP team reviews appropriate placements
5		approved by the State Board of Education pursuant to 23 Ill.
6		Adm. Code 401 or other applicable laws or rules to determine
7		whether there are any approved placements that can meet the
8		student's needs, have accepted the student, and have
9		availability for placement of the student.
10		(h) The State Board of Education shall promulgate rules
11		and regulations for determining when placement in a private
12		special education facility is appropriate. Such rules and
13		regulations shall take into account the various types of
14		services needed by a child and the availability of such
15		services to the particular child in the public school. In
16		developing these rules and regulations the State Board of
17		Education shall consult with the Advisory Council on Education
18		of Children with Disabilities and hold public hearings to
19		secure recommendations from parents, school personnel, and
20		others concerned about this matter.
21		The State Board of Education shall also promulgate rules
22		and regulations for transportation to and from a residential
23		school. Transportation to and from home to a residential
24		school more than once each school term shall be subject to
25		prior approval by the State Superintendent in accordance with
26		the rules and regulations of the State Board.

SB0724 Enrolled - 52 - LRB103 29722 SPS 56127 b
1		(i) A school district making tuition payments pursuant to
2		this Section is eligible for reimbursement from the State for
3		the amount of such payments actually made in excess of the
4		district per capita tuition charge for students not receiving
5		special education services. Such reimbursement shall be
6		approved in accordance with Section 14-12.01 and each district
7		shall file its claims, computed in accordance with rules
8		prescribed by the State Board of Education, on forms
9		prescribed by the State Superintendent of Education. Data used
10		as a basis of reimbursement claims shall be for the preceding
11		regular school term and summer school term. Each school
12		district shall transmit its claims to the State Board of
13		Education on or before August 15. The State Board of
14		Education, before approving any such claims, shall determine
15		their accuracy and whether they are based upon services and
16		facilities provided under approved programs. Upon approval the
17		State Board shall cause vouchers to be prepared showing the
18		amount due for payment of reimbursement claims to school
19		districts, for transmittal to the State Comptroller on the
20		30th day of September, December, and March, respectively, and
21		the final voucher, no later than June 20. If the money
22		appropriated by the General Assembly for such purpose for any
23		year is insufficient, it shall be apportioned on the basis of
24		the claims approved.
25		(j) No child shall be placed in a special education
26		program pursuant to this Section if the tuition cost for

SB0724 Enrolled - 53 - LRB103 29722 SPS 56127 b
1		special education and related services increases more than 10
2		percent over the tuition cost for the previous school year or
3		exceeds $4,500 per year unless such costs have been approved
4		by the Illinois Purchased Care Review Board. The Illinois
5		Purchased Care Review Board shall consist of the following
6		persons, or their designees: the Directors of Children and
7		Family Services, Public Health, Public Aid, and the Governor's
8		Office of Management and Budget; the Secretary of Human
9		Services; the State Superintendent of Education; and such
10		other persons as the Governor may designate. The Review Board
11		shall also consist of one non-voting member who is an
12		administrator of a private, nonpublic, special education
13		school. The Review Board shall establish rules and regulations
14		for its determination of allowable costs and payments made by
15		local school districts for special education, room and board,
16		and other related services provided by non-public schools or
17		special education facilities and shall establish uniform
18		standards and criteria which it shall follow. The Review Board
19		shall approve the usual and customary rate or rates of a
20		special education program that (i) is offered by an
21		out-of-state, non-public provider of integrated autism
22		specific educational and autism specific residential services,
23		(ii) offers 2 or more levels of residential care, including at
24		least one locked facility, and (iii) serves 12 or fewer
25		Illinois students.
26		(k) In determining rates based on allowable costs, the

SB0724 Enrolled - 54 - LRB103 29722 SPS 56127 b
1		Review Board shall consider any wage increases awarded by the
2		General Assembly to front line personnel defined as direct
3		support persons, aides, front-line supervisors, qualified
4		intellectual disabilities professionals, nurses, and
5		non-administrative support staff working in service settings
6		in community-based settings within the State and adjust
7		customary rates or rates of a special education program to be
8		equitable to the wage increase awarded to similar staff
9		positions in a community residential setting. Any wage
10		increase awarded by the General Assembly to front line
11		personnel defined as direct support persons, aides, front-line
12		supervisors, qualified intellectual disabilities
13		professionals, nurses, and non-administrative support staff
14		working in community-based settings within the State,
15		including the $0.75 per hour increase contained in Public Act
16		100-23 and the $0.50 per hour increase included in Public Act
17		100-23, shall also be a basis for any facility covered by this
18		Section to appeal its rate before the Review Board under the
19		process defined in Title 89, Part 900, Section 340 of the
20		Illinois Administrative Code. Illinois Administrative Code
21		Title 89, Part 900, Section 342 shall be updated to recognize
22		wage increases awarded to community-based settings to be a
23		basis for appeal. However, any wage increase that is captured
24		upon appeal from a previous year shall not be counted by the
25		Review Board as revenue for the purpose of calculating a
26		facility's future rate.

SB0724 Enrolled - 55 - LRB103 29722 SPS 56127 b
1		(l) Any definition used by the Review Board in
2		administrative rule or policy to define "related
3		organizations" shall include any and all exceptions contained
4		in federal law or regulation as it pertains to the federal
5		definition of "related organizations".
6		(m) The Review Board shall establish uniform definitions
7		and criteria for accounting separately by special education,
8		room and board and other related services costs. The Board
9		shall also establish guidelines for the coordination of
10		services and financial assistance provided by all State
11		agencies to assure that no otherwise qualified child with a
12		disability receiving services under Article 14 shall be
13		excluded from participation in, be denied the benefits of or
14		be subjected to discrimination under any program or activity
15		provided by any State agency.
16		(n) The Review Board shall review the costs for special
17		education and related services provided by non-public schools
18		or special education facilities and shall approve or
19		disapprove such facilities in accordance with the rules and
20		regulations established by it with respect to allowable costs.
21		(o) The State Board of Education shall provide
22		administrative and staff support for the Review Board as
23		deemed reasonable by the State Superintendent of Education.
24		This support shall not include travel expenses or other
25		compensation for any Review Board member other than the State
26		Superintendent of Education.

SB0724 Enrolled - 56 - LRB103 29722 SPS 56127 b
1		(p) The Review Board shall seek the advice of the Advisory
2		Council on Education of Children with Disabilities on the
3		rules and regulations to be promulgated by it relative to
4		providing special education services.
5		(q) If a child has been placed in a program in which the
6		actual per pupil costs of tuition for special education and
7		related services based on program enrollment, excluding room,
8		board and transportation costs, exceed $4,500 and such costs
9		have been approved by the Review Board, the district shall pay
10		such total costs which exceed $4,500. A district making such
11		tuition payments in excess of $4,500 pursuant to this Section
12		shall be responsible for an amount in excess of $4,500 equal to
13		the district per capita tuition charge and shall be eligible
14		for reimbursement from the State for the amount of such
15		payments actually made in excess of the districts per capita
16		tuition charge for students not receiving special education
17		services.
18		(r) If a child has been placed in an approved individual
19		program and the tuition costs including room and board costs
20		have been approved by the Review Board, then such room and
21		board costs shall be paid by the appropriate State agency
22		subject to the provisions of Section 14-8.01 of this Act. Room
23		and board costs not provided by a State agency other than the
24		State Board of Education shall be provided by the State Board
25		of Education on a current basis. In no event, however, shall
26		the State's liability for funding of these tuition costs begin

SB0724 Enrolled - 57 - LRB103 29722 SPS 56127 b
1		until after the legal obligations of third party payors have
2		been subtracted from such costs. If the money appropriated by
3		the General Assembly for such purpose for any year is
4		insufficient, it shall be apportioned on the basis of the
5		claims approved. Each district shall submit estimated claims
6		to the State Superintendent of Education. Upon approval of
7		such claims, the State Superintendent of Education shall
8		direct the State Comptroller to make payments on a monthly
9		basis. The frequency for submitting estimated claims and the
10		method of determining payment shall be prescribed in rules and
11		regulations adopted by the State Board of Education. Such
12		current state reimbursement shall be reduced by an amount
13		equal to the proceeds which the child or child's parents are
14		eligible to receive under any public or private insurance or
15		assistance program. Nothing in this Section shall be construed
16		as relieving an insurer or similar third party from an
17		otherwise valid obligation to provide or to pay for services
18		provided to a child with a disability.
19		(s) If it otherwise qualifies, a school district is
20		eligible for the transportation reimbursement under Section
21		14-13.01 and for the reimbursement of tuition payments under
22		this Section whether the non-public school or special
23		education facility, public out-of-state school or county
24		special education facility, attended by a child who resides in
25		that district and requires special educational services, is
26		within or outside of the State of Illinois. However, a

SB0724 Enrolled - 58 - LRB103 29722 SPS 56127 b
1		district is not eligible to claim transportation reimbursement
2		under this Section unless the district certifies to the State
3		Superintendent of Education that the district is unable to
4		provide special educational services required by the child for
5		the current school year.
6		(t) Nothing in this Section authorizes the reimbursement
7		of a school district for the amount paid for tuition of a child
8		attending a non-public school or special education facility,
9		public out-of-state school or county special education
10		facility unless the school district certifies to the State
11		Superintendent of Education that the special education program
12		of that district is unable to meet the needs of that child
13		because of his disability and the State Superintendent of
14		Education finds that the school district is in substantial
15		compliance with Section 14-4.01. However, if a child is
16		unilaterally placed by a State agency or any court in a
17		non-public school or special education facility, public
18		out-of-state school, or county special education facility, a
19		school district shall not be required to certify to the State
20		Superintendent of Education, for the purpose of tuition
21		reimbursement, that the special education program of that
22		district is unable to meet the needs of a child because of his
23		or her disability.
24		(u) Any educational or related services provided, pursuant
25		to this Section in a non-public school or special education
26		facility or a special education facility owned and operated by

SB0724 Enrolled - 59 - LRB103 29722 SPS 56127 b
1		a county government unit shall be at no cost to the parent or
2		guardian of the child. However, current law and practices
3		relative to contributions by parents or guardians for costs
4		other than educational or related services are not affected by
5		this amendatory Act of 1978.
6		(v) Reimbursement for children attending public school
7		residential facilities shall be made in accordance with the
8		provisions of this Section.
9		(w) Notwithstanding any other provision of law, any school
10		district receiving a payment under this Section or under
11		Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
12		all or a portion of the funds that it receives in a particular
13		fiscal year or from general State aid pursuant to Section
14		18-8.05 of this Code as funds received in connection with any
15		funding program for which it is entitled to receive funds from
16		the State in that fiscal year (including, without limitation,
17		any funding program referenced in this Section), regardless of
18		the source or timing of the receipt. The district may not
19		classify more funds as funds received in connection with the
20		funding program than the district is entitled to receive in
21		that fiscal year for that program. Any classification by a
22		district must be made by a resolution of its board of
23		education. The resolution must identify the amount of any
24		payments or general State aid to be classified under this
25		paragraph and must specify the funding program to which the
26		funds are to be treated as received in connection therewith.

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1		This resolution is controlling as to the classification of
2		funds referenced therein. A certified copy of the resolution
3		must be sent to the State Superintendent of Education. The
4		resolution shall still take effect even though a copy of the
5		resolution has not been sent to the State Superintendent of
6		Education in a timely manner. No classification under this
7		paragraph by a district shall affect the total amount or
8		timing of money the district is entitled to receive under this
9		Code. No classification under this paragraph by a district
10		shall in any way relieve the district from or affect any
11		requirements that otherwise would apply with respect to that
12		funding program, including any accounting of funds by source,
13		reporting expenditures by original source and purpose,
14		reporting requirements, or requirements of providing services.
15		(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21;
16		102-703, eff. 4-22-22.)
17		(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
18		Sec. 14-15.01. Community and Residential Services
19		Authority.
20		(a) (1) The Community and Residential Services Authority
21		is hereby created and shall consist of the following members:
22		A representative of the State Board of Education;
23		Four representatives of the Department of Human Services
24		appointed by the Secretary of Human Services, with one member
25		from the Division of Community Health and Prevention, one

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1		member from the Division of Developmental Disabilities, one
2		member from the Division of Mental Health, and one member from
3		the Division of Rehabilitation Services;
4		A representative of the Department of Children and Family
5		Services;
6		A representative of the Department of Juvenile Justice;
7		A representative of the Department of Healthcare and
8		Family Services;
9		A representative of the Attorney General's Disability
10		Rights Advocacy Division;
11		The Chairperson and Minority Spokesperson of the House and
12		Senate Committees on Elementary and Secondary Education or
13		their designees; and
14		Six persons appointed by the Governor. Five of such
15		appointees shall be experienced or knowledgeable relative to
16		provision of services for individuals with a behavior disorder
17		or a severe emotional disturbance and shall include
18		representatives of both the private and public sectors, except
19		that no more than 2 of those 5 appointees may be from the
20		public sector and at least 2 must be or have been directly
21		involved in provision of services to such individuals. The
22		remaining member appointed by the Governor shall be or shall
23		have been a parent of an individual with a behavior disorder or
24		a severe emotional disturbance, and that appointee may be from
25		either the private or the public sector.
26		(2) Members appointed by the Governor shall be appointed

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1		for terms of 4 years and shall continue to serve until their
2		respective successors are appointed; provided that the terms
3		of the original appointees shall expire on August 1, 1990. Any
4		vacancy in the office of a member appointed by the Governor
5		shall be filled by appointment of the Governor for the
6		remainder of the term.
7		A vacancy in the office of a member appointed by the
8		Governor exists when one or more of the following events
9		occur:
10		(i) An appointee dies;
11		(ii) An appointee files a written resignation with the
12		Governor;
13		(iii) An appointee ceases to be a legal resident of
14		the State of Illinois; or
15		(iv) An appointee fails to attend a majority of
16		regularly scheduled Authority meetings in a fiscal year.
17		Members who are representatives of an agency shall serve
18		at the will of the agency head. Membership on the Authority
19		shall cease immediately upon cessation of their affiliation
20		with the agency. If such a vacancy occurs, the appropriate
21		agency head shall appoint another person to represent the
22		agency.
23		If a legislative member of the Authority ceases to be
24		Chairperson or Minority Spokesperson of the designated
25		Committees, they shall automatically be replaced on the
26		Authority by the person who assumes the position of

SB0724 Enrolled - 63 - LRB103 29722 SPS 56127 b
1		Chairperson or Minority Spokesperson.
2		(b) The Community and Residential Services Authority shall
3		have the following powers and duties:
4		(1) Serve as a Parent/Guardian Navigator Assistance
5		Program, to work directly with parents/guardians of youth
6		with behavioral health concerns to provide assistance
7		coordinating efforts with public agencies, including but
8		not limited to local school district, State Board of
9		Education, the Department of Human Services, Department of
10		Children and Family Services, the Department of Healthcare
11		and Family Services, Department of Public Health, and
12		Department of Juvenile Justice. To conduct surveys to
13		determine the extent of need, the degree to which
14		documented need is currently being met and feasible
15		alternatives for matching need with resources.
16		(2) Work in conjunction with the new Care Portal and
17		Care Portal Team to utilize the centralized IT platform
18		for communication and case management, including
19		collaboration on the development of Portal training,
20		communications to the public, business processes for case
21		triage, assignment, and referral. To develop policy
22		statements for interagency cooperation to cover all
23		aspects of service delivery, including laws, regulations
24		and procedures, and clear guidelines for determining
25		responsibility at all times.
26		(3) To develop and submit to the Governor, the General

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1		Assembly, the Directors of the agencies represented on the
2		Authority, and State Board of Education a master plan for
3		operating the Parent/Guardian Navigator Assistance
4		Program, including how referrals are made, plan for
5		dispute relative to plans of service or funding for plans
6		of service, plans to include parents with lived experience
7		as peer supports. To recommend policy statements and
8		provide information regarding effective programs for
9		delivery of services to all individuals under 22 years of
10		age with a behavior disorder or a severe emotional
11		disturbance in public or private situations.
12		(4) (Blank). To review the criteria for service
13		eligibility, provision and availability established by the
14		governmental agencies represented on this Authority, and
15		to recommend changes, additions or deletions to such
16		criteria.
17		(5) (Blank). To develop and submit to the Governor,
18		the General Assembly, the Directors of the agencies
19		represented on the Authority, and the State Board of
20		Education a master plan for individuals under 22 years of
21		age with a behavior disorder or a severe emotional
22		disturbance, including detailed plans of service ranging
23		from the least to the most restrictive options; and to
24		assist local communities, upon request, in developing or
25		strengthening collaborative interagency networks.
26		(6) (Blank). To develop a process for making

SB0724 Enrolled - 65 - LRB103 29722 SPS 56127 b
1		determinations in situations where there is a dispute
2		relative to a plan of service for individuals or funding
3		for a plan of service.
4		(7) (Blank). To provide technical assistance to
5		parents, service consumers, providers, and member agency
6		personnel regarding statutory responsibilities of human
7		service and educational agencies, and to provide such
8		assistance as deemed necessary to appropriately access
9		needed services.
10		(8) (Blank). To establish a pilot program to act as a
11		residential research hub to research and identify
12		appropriate residential settings for youth who are being
13		housed in an emergency room for more than 72 hours or who
14		are deemed beyond medical necessity in a psychiatric
15		hospital. If a child is deemed beyond medical necessity in
16		a psychiatric hospital and is in need of residential
17		placement, the goal of the program is to prevent a
18		lock-out pursuant to the goals of the Custody
19		Relinquishment Prevention Act.
20		(c) (1) The members of the Authority shall receive no
21		compensation for their services but shall be entitled to
22		reimbursement of reasonable expenses incurred while performing
23		their duties.
24		(2) The Authority may appoint special study groups to
25		operate under the direction of the Authority and persons
26		appointed to such groups shall receive only reimbursement of

SB0724 Enrolled - 66 - LRB103 29722 SPS 56127 b
1		reasonable expenses incurred in the performance of their
2		duties.
3		(3) The Authority shall elect from its membership a
4		chairperson, vice-chairperson and secretary.
5		(4) The Authority may employ and fix the compensation of
6		such employees and technical assistants as it deems necessary
7		to carry out its powers and duties under this Act. Staff
8		assistance for the Authority shall be provided by the State
9		Board of Education.
10		(5) Funds for the ordinary and contingent expenses of the
11		Authority shall be appropriated to the State Board of
12		Education in a separate line item.
13		(d) (1) The Authority shall have power to promulgate rules
14		and regulations to carry out its powers and duties under this
15		Act.
16		(2) The Authority may accept monetary gifts or grants from
17		the federal government or any agency thereof, from any
18		charitable foundation or professional association or from any
19		other reputable source for implementation of any program
20		necessary or desirable to the carrying out of the general
21		purposes of the Authority. Such gifts and grants may be held in
22		trust by the Authority and expended in the exercise of its
23		powers and performance of its duties as prescribed by law.
24		(3) The Authority shall submit an annual report of its
25		activities and expenditures to the Governor, the General
26		Assembly, the directors of agencies represented on the

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1		Authority, and the State Superintendent of Education, due
2		January 1 of each year.
3		(e) The Executive Director of the Authority or his or her
4		designee shall be added as a participant on the Interagency
5		Clinical Team established in the intergovernmental agreement
6		among the Department of Healthcare and Family Services, the
7		Department of Children and Family Services, the Department of
8		Human Services, the State Board of Education, the Department
9		of Juvenile Justice, and the Department of Public Health, with
10		consent of the youth or the youth's guardian or family
11		pursuant to the Custody Relinquishment Prevention Act.
12		(Source: P.A. 102-43, eff. 7-6-21.)
13		Section 25. The Illinois Public Aid Code is amended by
14		changing Section 5-30.1 as follows:
15		(305 ILCS 5/5-30.1)
16		Sec. 5-30.1. Managed care protections.
17		(a) As used in this Section:
18		"Managed care organization" or "MCO" means any entity
19		which contracts with the Department to provide services where
20		payment for medical services is made on a capitated basis.
21		"Emergency services" include:
22		(1) emergency services, as defined by Section 10 of
23		the Managed Care Reform and Patient Rights Act;
24		(2) emergency medical screening examinations, as

SB0724 Enrolled - 68 - LRB103 29722 SPS 56127 b
1		defined by Section 10 of the Managed Care Reform and
2		Patient Rights Act;
3		(3) post-stabilization medical services, as defined by
4		Section 10 of the Managed Care Reform and Patient Rights
5		Act; and
6		(4) emergency medical conditions, as defined by
7		Section 10 of the Managed Care Reform and Patient Rights
8		Act.
9		(b) As provided by Section 5-16.12, managed care
10		organizations are subject to the provisions of the Managed
11		Care Reform and Patient Rights Act.
12		(c) An MCO shall pay any provider of emergency services
13		that does not have in effect a contract with the contracted
14		Medicaid MCO. The default rate of reimbursement shall be the
15		rate paid under Illinois Medicaid fee-for-service program
16		methodology, including all policy adjusters, including but not
17		limited to Medicaid High Volume Adjustments, Medicaid
18		Percentage Adjustments, Outpatient High Volume Adjustments,
19		and all outlier add-on adjustments to the extent such
20		adjustments are incorporated in the development of the
21		applicable MCO capitated rates.
22		(d) An MCO shall pay for all post-stabilization services
23		as a covered service in any of the following situations:
24		(1) the MCO authorized such services;
25		(2) such services were administered to maintain the
26		enrollee's stabilized condition within one hour after a

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1		request to the MCO for authorization of further
2		post-stabilization services;
3		(3) the MCO did not respond to a request to authorize
4		such services within one hour;
5		(4) the MCO could not be contacted; or
6		(5) the MCO and the treating provider, if the treating
7		provider is a non-affiliated provider, could not reach an
8		agreement concerning the enrollee's care and an affiliated
9		provider was unavailable for a consultation, in which case
10		the MCO must pay for such services rendered by the
11		treating non-affiliated provider until an affiliated
12		provider was reached and either concurred with the
13		treating non-affiliated provider's plan of care or assumed
14		responsibility for the enrollee's care. Such payment shall
15		be made at the default rate of reimbursement paid under
16		Illinois Medicaid fee-for-service program methodology,
17		including all policy adjusters, including but not limited
18		to Medicaid High Volume Adjustments, Medicaid Percentage
19		Adjustments, Outpatient High Volume Adjustments and all
20		outlier add-on adjustments to the extent that such
21		adjustments are incorporated in the development of the
22		applicable MCO capitated rates.
23		(e) The following requirements apply to MCOs in
24		determining payment for all emergency services:
25		(1) MCOs shall not impose any requirements for prior
26		approval of emergency services.

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1		(2) The MCO shall cover emergency services provided to
2		enrollees who are temporarily away from their residence
3		and outside the contracting area to the extent that the
4		enrollees would be entitled to the emergency services if
5		they still were within the contracting area.
6		(3) The MCO shall have no obligation to cover medical
7		services provided on an emergency basis that are not
8		covered services under the contract.
9		(4) The MCO shall not condition coverage for emergency
10		services on the treating provider notifying the MCO of the
11		enrollee's screening and treatment within 10 days after
12		presentation for emergency services.
13		(5) The determination of the attending emergency
14		physician, or the provider actually treating the enrollee,
15		of whether an enrollee is sufficiently stabilized for
16		discharge or transfer to another facility, shall be
17		binding on the MCO. The MCO shall cover emergency services
18		for all enrollees whether the emergency services are
19		provided by an affiliated or non-affiliated provider.
20		(6) The MCO's financial responsibility for
21		post-stabilization care services it has not pre-approved
22		ends when:
23		(A) a plan physician with privileges at the
24		treating hospital assumes responsibility for the
25		enrollee's care;
26		(B) a plan physician assumes responsibility for

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1		the enrollee's care through transfer;
2		(C) a contracting entity representative and the
3		treating physician reach an agreement concerning the
4		enrollee's care; or
5		(D) the enrollee is discharged.
6		(f) Network adequacy and transparency.
7		(1) The Department shall:
8		(A) ensure that an adequate provider network is in
9		place, taking into consideration health professional
10		shortage areas and medically underserved areas;
11		(B) publicly release an explanation of its process
12		for analyzing network adequacy;
13		(C) periodically ensure that an MCO continues to
14		have an adequate network in place;
15		(D) require MCOs, including Medicaid Managed Care
16		Entities as defined in Section 5-30.2, to meet
17		provider directory requirements under Section 5-30.3;
18		(E) require MCOs to ensure that any
19		Medicaid-certified provider under contract with an MCO
20		and previously submitted on a roster on the date of
21		service is paid for any medically necessary,
22		Medicaid-covered, and authorized service rendered to
23		any of the MCO's enrollees, regardless of inclusion on
24		the MCO's published and publicly available directory
25		of available providers; and
26		(F) require MCOs, including Medicaid Managed Care

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1		Entities as defined in Section 5-30.2, to meet each of
2		the requirements under subsection (d-5) of Section 10
3		of the Network Adequacy and Transparency Act; with
4		necessary exceptions to the MCO's network to ensure
5		that admission and treatment with a provider or at a
6		treatment facility in accordance with the network
7		adequacy standards in paragraph (3) of subsection
8		(d-5) of Section 10 of the Network Adequacy and
9		Transparency Act is limited to providers or facilities
10		that are Medicaid certified.
11		(2) Each MCO shall confirm its receipt of information
12		submitted specific to physician or dentist additions or
13		physician or dentist deletions from the MCO's provider
14		network within 3 days after receiving all required
15		information from contracted physicians or dentists, and
16		electronic physician and dental directories must be
17		updated consistent with current rules as published by the
18		Centers for Medicare and Medicaid Services or its
19		successor agency.
20		(g) Timely payment of claims.
21		(1) The MCO shall pay a claim within 30 days of
22		receiving a claim that contains all the essential
23		information needed to adjudicate the claim.
24		(2) The MCO shall notify the billing party of its
25		inability to adjudicate a claim within 30 days of
26		receiving that claim.

SB0724 Enrolled - 73 - LRB103 29722 SPS 56127 b
1		(3) The MCO shall pay a penalty that is at least equal
2		to the timely payment interest penalty imposed under
3		Section 368a of the Illinois Insurance Code for any claims
4		not timely paid.
5		(A) When an MCO is required to pay a timely payment
6		interest penalty to a provider, the MCO must calculate
7		and pay the timely payment interest penalty that is
8		due to the provider within 30 days after the payment of
9		the claim. In no event shall a provider be required to
10		request or apply for payment of any owed timely
11		payment interest penalties.
12		(B) Such payments shall be reported separately
13		from the claim payment for services rendered to the
14		MCO's enrollee and clearly identified as interest
15		payments.
16		(4)(A) The Department shall require MCOs to expedite
17		payments to providers identified on the Department's
18		expedited provider list, determined in accordance with 89
19		Ill. Adm. Code 140.71(b), on a schedule at least as
20		frequently as the providers are paid under the
21		Department's fee-for-service expedited provider schedule.
22		(B) Compliance with the expedited provider requirement
23		may be satisfied by an MCO through the use of a Periodic
24		Interim Payment (PIP) program that has been mutually
25		agreed to and documented between the MCO and the provider,
26		if the PIP program ensures that any expedited provider

SB0724 Enrolled - 74 - LRB103 29722 SPS 56127 b
1		receives regular and periodic payments based on prior
2		period payment experience from that MCO. Total payments
3		under the PIP program may be reconciled against future PIP
4		payments on a schedule mutually agreed to between the MCO
5		and the provider.
6		(C) The Department shall share at least monthly its
7		expedited provider list and the frequency with which it
8		pays providers on the expedited list.
9		(g-5) Recognizing that the rapid transformation of the
10		Illinois Medicaid program may have unintended operational
11		challenges for both payers and providers:
12		(1) in no instance shall a medically necessary covered
13		service rendered in good faith, based upon eligibility
14		information documented by the provider, be denied coverage
15		or diminished in payment amount if the eligibility or
16		coverage information available at the time the service was
17		rendered is later found to be inaccurate in the assignment
18		of coverage responsibility between MCOs or the
19		fee-for-service system, except for instances when an
20		individual is deemed to have not been eligible for
21		coverage under the Illinois Medicaid program; and
22		(2) the Department shall, by December 31, 2016, adopt
23		rules establishing policies that shall be included in the
24		Medicaid managed care policy and procedures manual
25		addressing payment resolutions in situations in which a
26		provider renders services based upon information obtained

SB0724 Enrolled - 75 - LRB103 29722 SPS 56127 b
1		after verifying a patient's eligibility and coverage plan
2		through either the Department's current enrollment system
3		or a system operated by the coverage plan identified by
4		the patient presenting for services:
5		(A) such medically necessary covered services
6		shall be considered rendered in good faith;
7		(B) such policies and procedures shall be
8		developed in consultation with industry
9		representatives of the Medicaid managed care health
10		plans and representatives of provider associations
11		representing the majority of providers within the
12		identified provider industry; and
13		(C) such rules shall be published for a review and
14		comment period of no less than 30 days on the
15		Department's website with final rules remaining
16		available on the Department's website.
17		The rules on payment resolutions shall include, but
18		not be limited to:
19		(A) the extension of the timely filing period;
20		(B) retroactive prior authorizations; and
21		(C) guaranteed minimum payment rate of no less
22		than the current, as of the date of service,
23		fee-for-service rate, plus all applicable add-ons,
24		when the resulting service relationship is out of
25		network.
26		The rules shall be applicable for both MCO coverage

SB0724 Enrolled - 76 - LRB103 29722 SPS 56127 b
1		and fee-for-service coverage.
2		If the fee-for-service system is ultimately determined to
3		have been responsible for coverage on the date of service, the
4		Department shall provide for an extended period for claims
5		submission outside the standard timely filing requirements.
6		(g-6) MCO Performance Metrics Report.
7		(1) The Department shall publish, on at least a
8		quarterly basis, each MCO's operational performance,
9		including, but not limited to, the following categories of
10		metrics:
11		(A) claims payment, including timeliness and
12		accuracy;
13		(B) prior authorizations;
14		(C) grievance and appeals;
15		(D) utilization statistics;
16		(E) provider disputes;
17		(F) provider credentialing; and
18		(G) member and provider customer service.
19		(2) The Department shall ensure that the metrics
20		report is accessible to providers online by January 1,
21		2017.
22		(3) The metrics shall be developed in consultation
23		with industry representatives of the Medicaid managed care
24		health plans and representatives of associations
25		representing the majority of providers within the
26		identified industry.

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1		(4) Metrics shall be defined and incorporated into the
2		applicable Managed Care Policy Manual issued by the
3		Department.
4		(g-7) MCO claims processing and performance analysis. In
5		order to monitor MCO payments to hospital providers, pursuant
6		to Public Act 100-580, the Department shall post an analysis
7		of MCO claims processing and payment performance on its
8		website every 6 months. Such analysis shall include a review
9		and evaluation of a representative sample of hospital claims
10		that are rejected and denied for clean and unclean claims and
11		the top 5 reasons for such actions and timeliness of claims
12		adjudication, which identifies the percentage of claims
13		adjudicated within 30, 60, 90, and over 90 days, and the dollar
14		amounts associated with those claims.
15		(g-8) Dispute resolution process. The Department shall
16		maintain a provider complaint portal through which a provider
17		can submit to the Department unresolved disputes with an MCO.
18		An unresolved dispute means an MCO's decision that denies in
19		whole or in part a claim for reimbursement to a provider for
20		health care services rendered by the provider to an enrollee
21		of the MCO with which the provider disagrees. Disputes shall
22		not be submitted to the portal until the provider has availed
23		itself of the MCO's internal dispute resolution process.
24		Disputes that are submitted to the MCO internal dispute
25		resolution process may be submitted to the Department of
26		Healthcare and Family Services' complaint portal no sooner

SB0724 Enrolled - 78 - LRB103 29722 SPS 56127 b
1		than 30 days after submitting to the MCO's internal process
2		and not later than 30 days after the unsatisfactory resolution
3		of the internal MCO process or 60 days after submitting the
4		dispute to the MCO internal process. Multiple claim disputes
5		involving the same MCO may be submitted in one complaint,
6		regardless of whether the claims are for different enrollees,
7		when the specific reason for non-payment of the claims
8		involves a common question of fact or policy. Within 10
9		business days of receipt of a complaint, the Department shall
10		present such disputes to the appropriate MCO, which shall then
11		have 30 days to issue its written proposal to resolve the
12		dispute. The Department may grant one 30-day extension of this
13		time frame to one of the parties to resolve the dispute. If the
14		dispute remains unresolved at the end of this time frame or the
15		provider is not satisfied with the MCO's written proposal to
16		resolve the dispute, the provider may, within 30 days, request
17		the Department to review the dispute and make a final
18		determination. Within 30 days of the request for Department
19		review of the dispute, both the provider and the MCO shall
20		present all relevant information to the Department for
21		resolution and make individuals with knowledge of the issues
22		available to the Department for further inquiry if needed.
23		Within 30 days of receiving the relevant information on the
24		dispute, or the lapse of the period for submitting such
25		information, the Department shall issue a written decision on
26		the dispute based on contractual terms between the provider

SB0724 Enrolled - 79 - LRB103 29722 SPS 56127 b
1		and the MCO, contractual terms between the MCO and the
2		Department of Healthcare and Family Services and applicable
3		Medicaid policy. The decision of the Department shall be
4		final. By January 1, 2020, the Department shall establish by
5		rule further details of this dispute resolution process.
6		Disputes between MCOs and providers presented to the
7		Department for resolution are not contested cases, as defined
8		in Section 1-30 of the Illinois Administrative Procedure Act,
9		conferring any right to an administrative hearing.
10		(g-9)(1) The Department shall publish annually on its
11		website a report on the calculation of each managed care
12		organization's medical loss ratio showing the following:
13		(A) Premium revenue, with appropriate adjustments.
14		(B) Benefit expense, setting forth the aggregate
15		amount spent for the following:
16		(i) Direct paid claims.
17		(ii) Subcapitation payments.
18		(iii) Other claim payments.
19		(iv) Direct reserves.
20		(v) Gross recoveries.
21		(vi) Expenses for activities that improve health
22		care quality as allowed by the Department.
23		(2) The medical loss ratio shall be calculated consistent
24		with federal law and regulation following a claims runout
25		period determined by the Department.
26		(g-10)(1) "Liability effective date" means the date on

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1		which an MCO becomes responsible for payment for medically
2		necessary and covered services rendered by a provider to one
3		of its enrollees in accordance with the contract terms between
4		the MCO and the provider. The liability effective date shall
5		be the later of:
6		(A) The execution date of a network participation
7		contract agreement.
8		(B) The date the provider or its representative
9		submits to the MCO the complete and accurate standardized
10		roster form for the provider in the format approved by the
11		Department.
12		(C) The provider effective date contained within the
13		Department's provider enrollment subsystem within the
14		Illinois Medicaid Program Advanced Cloud Technology
15		(IMPACT) System.
16		(2) The standardized roster form may be submitted to the
17		MCO at the same time that the provider submits an enrollment
18		application to the Department through IMPACT.
19		(3) By October 1, 2019, the Department shall require all
20		MCOs to update their provider directory with information for
21		new practitioners of existing contracted providers within 30
22		days of receipt of a complete and accurate standardized roster
23		template in the format approved by the Department provided
24		that the provider is effective in the Department's provider
25		enrollment subsystem within the IMPACT system. Such provider
26		directory shall be readily accessible for purposes of

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1		selecting an approved health care provider and comply with all
2		other federal and State requirements.
3		(g-11) The Department shall work with relevant
4		stakeholders on the development of operational guidelines to
5		enhance and improve operational performance of Illinois'
6		Medicaid managed care program, including, but not limited to,
7		improving provider billing practices, reducing claim
8		rejections and inappropriate payment denials, and
9		standardizing processes, procedures, definitions, and response
10		timelines, with the goal of reducing provider and MCO
11		administrative burdens and conflict. The Department shall
12		include a report on the progress of these program improvements
13		and other topics in its Fiscal Year 2020 annual report to the
14		General Assembly.
15		(g-12) Notwithstanding any other provision of law, if the
16		Department or an MCO requires submission of a claim for
17		payment in a non-electronic format, a provider shall always be
18		afforded a period of no less than 90 business days, as a
19		correction period, following any notification of rejection by
20		either the Department or the MCO to correct errors or
21		omissions in the original submission.
22		Under no circumstances, either by an MCO or under the
23		State's fee-for-service system, shall a provider be denied
24		payment for failure to comply with any timely submission
25		requirements under this Code or under any existing contract,
26		unless the non-electronic format claim submission occurs after

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1		the initial 180 days following the latest date of service on
2		the claim, or after the 90 business days correction period
3		following notification to the provider of rejection or denial
4		of payment.
5		(h) The Department shall not expand mandatory MCO
6		enrollment into new counties beyond those counties already
7		designated by the Department as of June 1, 2014 for the
8		individuals whose eligibility for medical assistance is not
9		the seniors or people with disabilities population until the
10		Department provides an opportunity for accountable care
11		entities and MCOs to participate in such newly designated
12		counties.
13		(h-5) Leading indicator data sharing. By January 1, 2024,
14		the Department shall obtain input from the Department of Human
15		Services, the Department of Juvenile Justice, the Department
16		of Children and Family Services, the State Board of Education,
17		managed care organizations, providers, and clinical experts to
18		identify and analyze key indicators from assessments and data
19		sets available to the Department that can be shared with
20		managed care organizations and similar care coordination
21		entities contracted with the Department as leading indicators
22		for elevated behavioral health crisis risk for children. To
23		the extent permitted by State and federal law, the identified
24		leading indicators shall be shared with managed care
25		organizations and similar care coordination entities
26		contracted with the Department within 6 months of

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1		identification for the purpose of improving care coordination
2		with the early detection of elevated risk. Leading indicators
3		shall be reassessed annually with stakeholder input.
4		(i) The requirements of this Section apply to contracts
5		with accountable care entities and MCOs entered into, amended,
6		or renewed after June 16, 2014 (the effective date of Public
7		Act 98-651).
8		(j) Health care information released to managed care
9		organizations. A health care provider shall release to a
10		Medicaid managed care organization, upon request, and subject
11		to the Health Insurance Portability and Accountability Act of
12		1996 and any other law applicable to the release of health
13		information, the health care information of the MCO's
14		enrollee, if the enrollee has completed and signed a general
15		release form that grants to the health care provider
16		permission to release the recipient's health care information
17		to the recipient's insurance carrier.
18		(k) The Department of Healthcare and Family Services,
19		managed care organizations, a statewide organization
20		representing hospitals, and a statewide organization
21		representing safety-net hospitals shall explore ways to
22		support billing departments in safety-net hospitals.
23		(l) The requirements of this Section added by Public Act
24		102-4 shall apply to services provided on or after the first
25		day of the month that begins 60 days after April 27, 2021 (the
26		effective date of Public Act 102-4).

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1		(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
2		102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
3		8-20-21; 102-813, eff. 5-13-22.)
4		Section 30. The Juvenile Court Act of 1987 is amended by
5		changing Section 3-5 as follows:
6		(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
7		Sec. 3-5. Interim crisis intervention services.
8		(a) Any minor who is taken into limited custody, or who
9		independently requests or is referred for assistance, may be
10		provided crisis intervention services by an agency or
11		association, as defined in this Act, provided the association
12		or agency staff (i) immediately investigate the circumstances
13		of the minor and the facts surrounding the minor being taken
14		into custody and promptly explain these facts and
15		circumstances to the minor, and (ii) make a reasonable effort
16		to inform the minor's parent, guardian or custodian of the
17		fact that the minor has been taken into limited custody and
18		where the minor is being kept, and (iii) if the minor consents,
19		make a reasonable effort to transport, arrange for the
20		transportation of, or otherwise release the minor to the
21		parent, guardian or custodian. Upon release of the child who
22		is believed to need or benefit from medical, psychological,
23		psychiatric or social services, the association or agency may
24		inform the minor and the person to whom the minor is released

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1		of the nature and location of appropriate services and shall,
2		if requested, assist in establishing contact between the
3		family and other associations or agencies providing such
4		services. If the agency or association is unable by all
5		reasonable efforts to contact a parent, guardian or custodian,
6		or if the person contacted lives an unreasonable distance
7		away, or if the minor refuses to be taken to his or her home or
8		other appropriate residence, or if the agency or association
9		is otherwise unable despite all reasonable efforts to make
10		arrangements for the safe return of the minor, the minor may be
11		taken to a temporary living arrangement which is in compliance
12		with the Child Care Act of 1969 or which is with persons agreed
13		to by the parents and the agency or association.
14		(b) An agency or association is authorized to permit a
15		minor to be sheltered in a temporary living arrangement
16		provided the agency seeks to effect the minor's return home or
17		alternative living arrangements agreeable to the minor and the
18		parent, guardian, or custodian as soon as practicable. No
19		minor shall be sheltered in a temporary living arrangement for
20		more than 21 business days. Throughout such limited custody,
21		the agency or association shall work with the parent,
22		guardian, or custodian and the minor's local school district,
23		the Department of Human Services, the Department of Healthcare
24		and Family Services, the Department of Juvenile Justice, and
25		the Department of Children and Family Services to identify
26		immediate and long-term treatment or placement. 48 hours,

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1		excluding Saturdays, Sundays, and court-designated holidays,
2		when the agency has reported the minor as neglected or abused
3		because the parent, guardian, or custodian refuses to permit
4		the child to return home, provided that in all other instances
5		the minor may be sheltered when the agency obtains the consent
6		of the parent, guardian, or custodian or documents its
7		unsuccessful efforts to obtain the consent or authority of the
8		parent, guardian, or custodian, including recording the date
9		and the staff involved in all telephone calls, telegrams,
10		letters, and personal contacts to obtain the consent or
11		authority, in which instances the minor may be so sheltered
12		for not more than 21 days. If at any time during the crisis
13		intervention there is a concern that the minor has experienced
14		abuse or neglect, the Comprehensive Community Based-Youth
15		Services provider shall contact the parent, guardian or
16		custodian refuses to permit the minor to return home, and no
17		other living arrangement agreeable to the parent, guardian, or
18		custodian can be made, and the parent, guardian, or custodian
19		has not made any other appropriate living arrangement for the
20		child, the agency may deem the minor to be neglected and report
21		the neglect to the Department of Children and Family Services
22		as provided in the Abused and Neglected Child Reporting Act.
23		The Child Protective Service Unit of the Department of
24		Children and Family Services shall begin an investigation of
25		the report within 24 hours after receiving the report and
26		shall determine whether to file a petition alleging that the

SB0724 Enrolled - 87 - LRB103 29722 SPS 56127 b
1		minor is neglected or abused as described in Section 2-3 of
2		this Act. Subject to appropriation, the Department may take
3		the minor into temporary protective custody at any time after
4		receiving the report, provided that the Department shall take
5		temporary protective custody within 48 hours of receiving the
6		report if its investigation is not completed. If the
7		Department of Children and Family Services determines that the
8		minor is not a neglected minor because the minor is an
9		immediate physical danger to himself, herself, or others
10		living in the home, then the Department shall take immediate
11		steps to either secure the minor's immediate admission to a
12		mental health facility, arrange for law enforcement
13		authorities to take temporary custody of the minor as a
14		delinquent minor, or take other appropriate action to assume
15		protective custody in order to safeguard the minor or others
16		living in the home from immediate physical danger.
17		(c) Any agency or association or employee thereof acting
18		reasonably and in good faith in the care of a minor being
19		provided interim crisis intervention services and shelter care
20		shall be immune from any civil or criminal liability resulting
21		from such care.
22		(Source: P.A. 95-443, eff. 1-1-08.)