Bill Text: IL SB0850 | 2015-2016 | 99th General Assembly | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-04-24 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB0850 Detail]

Download: Illinois-2015-SB0850-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB0850 Introduced 2/11/2015, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
20 ILCS 505/5.40 new
Amends the Children and Family Services Act. Requires the Department of Children and Family Services to develop, by rule, criteria for determining when a child may be voluntarily placed in out-of-home care funded by the Department for the purpose of obtaining mental health treatment for the child or treatment for the child's developmental disability. Provides that relinquishment of custody of a child shall not be a condition for receipt of services or care delivered or funded by the Department. Provides that a child voluntarily placed in out-of-home care shall be placed pursuant to a voluntary placement agreement voluntarily entered into by the parent or legal guardian of the child. Provides that for a child to remain in out-of-home care for longer than 180 days, a juvenile court must make a judicial determination within the first 180 days of the placement that the placement is in the best interests of the child. Provides that the inability of a parent or legal guardian to care for a child with a serious mental illness, serious emotional disturbance, or developmental disability shall not in itself be the basis for a finding of abuse or neglect of the child. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by adding Section 5.40 as follows:
(20 ILCS 505/5.40 new)
Sec. 5.40. Voluntary placement agreement.
(a) The Department of Children and Family Services shall
develop, by rule, criteria for determining when a child may be
voluntarily placed in out-of-home care funded by the Department
for the purpose of obtaining mental health treatment for the
child or treatment for the child's developmental disability.
Relinquishment of custody of a child shall not be a condition
for receipt of services or care delivered or funded by the
Department under this Section. The criteria shall include the
following:
(1) The ability of the child's parent or legal guardian
to pay for services.
(2) The child's access to services.
(3) The severity of the child's mental illness or
developmental disability.
(4) The danger the child poses to other residents of
the home.

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

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