Bill Amendment: IL SB0191 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: JUV CT-FAMILY SUPPORT PROGRAM
Status: 2019-07-12 - Public Act . . . . . . . . . 101-0078 [SB0191 Detail]
Download: Illinois-2019-SB0191-House_Amendment_001.html
Bill Title: JUV CT-FAMILY SUPPORT PROGRAM
Status: 2019-07-12 - Public Act . . . . . . . . . 101-0078 [SB0191 Detail]
Download: Illinois-2019-SB0191-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 191
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2 | AMENDMENT NO. ______. Amend Senate Bill 191 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Mental Health and Developmental | ||||||
5 | Disabilities Administrative Act is amended by changing Section | ||||||
6 | 7.1 as follows:
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7 | (20 ILCS 1705/7.1) (from Ch. 91 1/2, par. 100-7.1)
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8 | Sec. 7.1. Individual Care Grants. | ||||||
9 | (a) For the purposes of this Section 7.1, "Department" | ||||||
10 | means the Department of Healthcare and Family Services. | ||||||
11 | (b) To assist families in seeking intensive | ||||||
12 | community-based services or residential placement for children | ||||||
13 | with mental illness, for whom
no appropriate care is available | ||||||
14 | in State-operated facilities, the Department shall supplement | ||||||
15 | the amount a family is able to pay,
as determined by the | ||||||
16 | Department and the amount available from other sources,
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1 | provided the Department's share shall not exceed a uniform | ||||||
2 | maximum rate to be
determined from time to time by the | ||||||
3 | Department. The Department may exercise the authority under | ||||||
4 | this Section as is necessary to implement the provisions of | ||||||
5 | Section 5-5.23 of the Illinois Public Aid Code and to | ||||||
6 | administer Individual Care Grants. The Department shall work | ||||||
7 | collaboratively with stakeholders and family representatives | ||||||
8 | in the implementation of this Section. | ||||||
9 | (c) A child shall continue to be eligible for an Individual | ||||||
10 | Care Grant if (1): the child is placed in the temporary custody | ||||||
11 | of the Department of Children and Family Services under Article | ||||||
12 | II of the Juvenile Care Act of 1987 because the child was left | ||||||
13 | at a psychiatric hospital beyond medical necessity and an | ||||||
14 | application for the Family Support Program was pending with the | ||||||
15 | Department or an active application was being reviewed by the | ||||||
16 | Department when the petition under the Juvenile Court Act of | ||||||
17 | 1987 was filed ; or (2) the child is placed in the guardianship | ||||||
18 | of the Department of Children and Family Services under Article | ||||||
19 | V of the Juvenile Court Act of 1987 because the child requires | ||||||
20 | care in a residential treatment facility and an application for | ||||||
21 | the Family Support Program was pending with the Department or | ||||||
22 | an active application was being reviewed by the Department when | ||||||
23 | the guardianship order was entered . | ||||||
24 | (d) If the Department determines that the child meets all | ||||||
25 | the eligibility criteria for Family Support Services and | ||||||
26 | approves the application, the Department shall notify the |
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1 | parents and the Department of Children and Family Services. The | ||||||
2 | court hearing the child's case under the Juvenile Court Act of | ||||||
3 | 1987 shall conduct a hearing within 14 days after all parties | ||||||
4 | have been notified and determine whether to vacate the custody | ||||||
5 | or guardianship of the Department of Children and Family | ||||||
6 | Services and return the child to the custody of his or her | ||||||
7 | parents with Family Support Services in place or whether the | ||||||
8 | child shall continue in the custody or guardianship of the | ||||||
9 | Department of Children and Family Services and decline the | ||||||
10 | Family Support Program. The court shall conduct the hearing | ||||||
11 | under Section 2-4b or Section 5-711 of the Juvenile Court Act | ||||||
12 | of 1987.
If the court vacates the custody or guardianship of | ||||||
13 | the Department of Children and Family Services and returns the | ||||||
14 | child to the custody of the parent, guardian, or other adult | ||||||
15 | respondent with Family Support Services, the Department shall | ||||||
16 | become fiscally responsible for providing services to the | ||||||
17 | child. If the court determines that the child shall continue in | ||||||
18 | the custody of the Department of Children and Family Services, | ||||||
19 | the Department of Children and Family Services shall remain | ||||||
20 | fiscally responsible for providing services to the child, the | ||||||
21 | Family Support Services shall be declined, and the child shall | ||||||
22 | no longer be eligible for Family Support Services as long as | ||||||
23 | the child remains in the custody or guardianship of the | ||||||
24 | Department of Children and Family Services . | ||||||
25 | (e) The Department shall provide an expedited review | ||||||
26 | process for applications for minors in the custody or |
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1 | guardianship of the Department of Children and Family Services | ||||||
2 | who continue to remain eligible for Individual Care Grants. The | ||||||
3 | Department shall work collaboratively with stakeholders, | ||||||
4 | including legal representatives of minors in care, providers of | ||||||
5 | residential treatment services, and with the Department of | ||||||
6 | Children and Family Services, to ensure that minors who are | ||||||
7 | recipients of Individual Care Grants under this Section and | ||||||
8 | Sections Section 2-4b and 5-711 of the Juvenile Court Act of | ||||||
9 | 1987 do not experience a disruption in services if the minor | ||||||
10 | transitions from one program to another. The Department shall | ||||||
11 | adopt rules to implement this Section no later than July 1, | ||||||
12 | 2019.
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13 | (Source: P.A. 99-479, eff. 9-10-15; 100-978, eff. 8-19-18.)
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14 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
15 | changing Sections 2-31 and 2-33 and by adding Section 5-711 as | ||||||
16 | follows:
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17 | (705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
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18 | Sec. 2-31. Duration of wardship and discharge of | ||||||
19 | proceedings.
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20 | (1) All proceedings under Article II of this Act in respect | ||||||
21 | of any minor for whom a
petition was filed after the effective | ||||||
22 | date of this amendatory Act of 1991
automatically terminate | ||||||
23 | upon his or her attaining the age of 21 19 years , except that
a | ||||||
24 | court may continue the wardship of a minor until age 21 for |
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1 | good cause
when there is satisfactory evidence presented to the | ||||||
2 | court and the court
makes written factual findings that the | ||||||
3 | health, safety, and best
interest of the minor and the public | ||||||
4 | require the continuation of the wardship . A court shall find | ||||||
5 | that it is in the minor's best interest to continue wardship if | ||||||
6 | the Department of Children and Family Services has not made | ||||||
7 | reasonable efforts to ensure that the minor has documents | ||||||
8 | necessary for adult living as provided in Section 35.10 of the | ||||||
9 | Children and Family Services Act.
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10 | (2) Whenever the court determines, and makes written | ||||||
11 | factual findings, that
health, safety, and the best interests | ||||||
12 | of the minor and
the public no longer require the wardship of | ||||||
13 | the court, the court shall
order the wardship terminated and | ||||||
14 | all proceedings under this Act respecting
that minor finally | ||||||
15 | closed and discharged. The court may at the same time
continue | ||||||
16 | or terminate any custodianship or guardianship theretofore | ||||||
17 | ordered
but the termination must be made in compliance with | ||||||
18 | Section 2-28. When terminating wardship under this Section, if | ||||||
19 | the minor is over 18, or if wardship is terminated in | ||||||
20 | conjunction with an order partially or completely emancipating | ||||||
21 | the minor in accordance with the Emancipation of Minors Act, | ||||||
22 | the court shall also consider the following factors, in | ||||||
23 | addition to the health, safety, and best interest of the minor | ||||||
24 | and the public: (A) the minor's wishes regarding case closure; | ||||||
25 | (B) the manner in which the minor will maintain independence | ||||||
26 | without services from the Department; (C) the minor's |
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1 | engagement in services including placement offered by the | ||||||
2 | Department; (D) if the minor is not engaged the Department's | ||||||
3 | efforts to engage the minor; (E) the nature of communication | ||||||
4 | between the minor and the Department; (F) the minor's | ||||||
5 | involvement in other State systems or services; (G) the minor's | ||||||
6 | connections with family and other community support; and (H) | ||||||
7 | any other factor the court deems relevant also make specific | ||||||
8 | findings of fact as to the minor's wishes regarding case | ||||||
9 | closure and the manner in which the minor will maintain | ||||||
10 | independence . The minor's lack of cooperation with services | ||||||
11 | provided by the Department of Children and Family Services | ||||||
12 | shall not by itself be considered sufficient evidence that the | ||||||
13 | minor is prepared to live independently and that it is in the | ||||||
14 | best interest of the minor to terminate wardship. It shall not | ||||||
15 | be in the minor's best interest to terminate wardship of a | ||||||
16 | minor over the age of 18 who is in the guardianship of the | ||||||
17 | Department of Children and Family Services if the Department | ||||||
18 | has not made reasonable efforts to ensure that the minor has | ||||||
19 | documents necessary for adult living as provided in Section | ||||||
20 | 35.10 of the Children and Family Services Act.
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21 | (3) The wardship of the minor and any custodianship or | ||||||
22 | guardianship
respecting the minor for whom a petition was filed | ||||||
23 | after the effective
date of this amendatory Act of 1991 | ||||||
24 | automatically terminates when he
attains the age of 19 years | ||||||
25 | except as set forth in subsection (1) of this
Section. The | ||||||
26 | clerk of the court shall at that time record all proceedings
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1 | under this Act as finally closed and discharged for that | ||||||
2 | reason. The provisions of this subsection (3) become | ||||||
3 | inoperative on and after the effective date of this amendatory | ||||||
4 | Act of the 101st General Assembly.
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5 | (4) Notwithstanding any provision of law to the contrary, | ||||||
6 | the changes made by this amendatory Act of the 101st General | ||||||
7 | Assembly apply to all cases that are pending on or after the | ||||||
8 | effective date of this amendatory Act of the 101st General | ||||||
9 | Assembly. | ||||||
10 | (Source: P.A. 100-680, eff. 1-1-19 .)
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11 | (705 ILCS 405/2-33)
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12 | Sec. 2-33. Supplemental petition to reinstate wardship.
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13 | (1) Any time prior to a minor's 18th birthday, pursuant to | ||||||
14 | a supplemental
petition filed under this Section, the court may | ||||||
15 | reinstate wardship and open a
previously closed case when:
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16 | (a) wardship and guardianship under the Juvenile Court | ||||||
17 | Act of 1987 was
vacated in
conjunction with the appointment | ||||||
18 | of a private guardian under the Probate Act of
1975;
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19 | (b) the minor is not presently a ward of the court | ||||||
20 | under Article II of
this Act nor is there a petition for | ||||||
21 | adjudication of wardship pending on behalf
of the minor; | ||||||
22 | and
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23 | (c) it is in the minor's best interest that wardship be | ||||||
24 | reinstated.
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25 | (2) Any time prior to a minor's 21st birthday, pursuant to |
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1 | a supplemental petition filed under this Section, the court may | ||||||
2 | reinstate wardship and open a previously closed case when: | ||||||
3 | (a) wardship and guardianship under this Act was | ||||||
4 | vacated pursuant to: | ||||||
5 | (i) an order entered under subsection (2) of | ||||||
6 | Section 2-31 in the case of a minor over the age of 18; | ||||||
7 | (ii) closure of a case under subsection (2) of | ||||||
8 | Section 2-31 in the case of a minor under the age of 18 | ||||||
9 | who has been partially or completely emancipated in | ||||||
10 | accordance with the Emancipation of Minors Act; or | ||||||
11 | (iii) an order entered under subsection (3) of | ||||||
12 | Section 2-31 based on the minor's attaining the age of | ||||||
13 | 19 years before the effective date of this amendatory | ||||||
14 | Act of the 101st General Assembly ; | ||||||
15 | (b) the minor is not presently a ward of the court | ||||||
16 | under Article II of this Act nor is there a petition for | ||||||
17 | adjudication of wardship pending on behalf of the minor; | ||||||
18 | and | ||||||
19 | (c) it is in the minor's best interest that wardship be | ||||||
20 | reinstated. | ||||||
21 | (3) The supplemental petition must be filed in the same | ||||||
22 | proceeding in which
the original adjudication order was | ||||||
23 | entered. Unless excused by court for good
cause shown, the | ||||||
24 | petitioner shall give notice of the time and place of the
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25 | hearing on the supplemental petition, in person or by mail, to | ||||||
26 | the minor, if
the
minor is 14 years of age or older, and to the |
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1 | parties to the juvenile court
proceeding.
Notice shall be | ||||||
2 | provided at least 3 court days in advance of the hearing
date.
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3 | (4) A minor who is the subject of a petition to reinstate | ||||||
4 | wardship under this Section shall be provided with | ||||||
5 | representation in accordance with Sections 1-5 and 2-17 of this | ||||||
6 | Act. | ||||||
7 | (5) Whenever a minor is committed to the Department of | ||||||
8 | Children and Family Services for care and services following | ||||||
9 | the reinstatement of wardship under this Section, the | ||||||
10 | Department shall: | ||||||
11 | (a) Within 30 days of such commitment, prepare and file | ||||||
12 | with the court a case plan which complies with the federal | ||||||
13 | Adoption Assistance and Child Welfare Act of 1980 and is | ||||||
14 | consistent with the health, safety and best interests of | ||||||
15 | the minor; and | ||||||
16 | (b) Promptly refer the minor for such services as are | ||||||
17 | necessary and consistent with the minor's health, safety | ||||||
18 | and best interests. | ||||||
19 | (Source: P.A. 96-581, eff. 1-1-10.)
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20 | (705 ILCS 405/5-711 new) | ||||||
21 | Sec. 5-711. Family Support Program services; hearing. | ||||||
22 | (a) Any minor who is placed in the guardianship of the | ||||||
23 | Department of Children and Family Services under Section 5-710 | ||||||
24 | while an application for the Family Support Program was pending | ||||||
25 | with the Department of Healthcare and Family Services or an |
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1 | active application was being reviewed by the Department of | ||||||
2 | Healthcare and Family Services shall continue to be considered | ||||||
3 | eligible for services if all other eligibility criteria are | ||||||
4 | met. | ||||||
5 | (b) The court shall conduct a hearing within 14 days upon | ||||||
6 | notification to all parties that an application for the Family | ||||||
7 | Support Program services has been approved and services are | ||||||
8 | available. At the hearing, the court shall determine whether to | ||||||
9 | vacate guardianship of the Department of Children and Family | ||||||
10 | Services and return the minor to the custody of the parent or | ||||||
11 | guardian with Family Support Program services or whether the | ||||||
12 | minor shall continue in the guardianship of the Department of | ||||||
13 | Children and Family Services and decline the Family Support | ||||||
14 | Program services. In making its determination, the court shall | ||||||
15 | consider the minor's best interest, the involvement of the | ||||||
16 | parent or guardian in proceedings under this Act, the | ||||||
17 | involvement of the parent or guardian in the minor's treatment, | ||||||
18 | the relationship between the minor and the parent or guardian, | ||||||
19 | and any other factor the court deems relevant. If the court | ||||||
20 | vacates the guardianship of the Department of Children and | ||||||
21 | Family Services and returns the minor to the custody of the | ||||||
22 | parent or guardian with Family Support Services, the Department | ||||||
23 | of Healthcare and Family Services shall become financially | ||||||
24 | responsible for providing services to the minor. If the court | ||||||
25 | determines that the minor shall continue in the custody of the | ||||||
26 | Department of Children and Family Services, the Department of |
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1 | Children and Family Services shall remain financially | ||||||
2 | responsible for providing services to the minor, the Family | ||||||
3 | Support Services shall be declined, and the minor shall no | ||||||
4 | longer be eligible for Family Support Services. | ||||||
5 | (c) This Section does not apply to a minor: | ||||||
6 | (1) for whom a petition has been filed under this Act | ||||||
7 | alleging that he or she is an abused or neglected minor; | ||||||
8 | (2) for whom the court has made a finding that he or | ||||||
9 | she is an abused or neglected minor under this Act except a | ||||||
10 | finding under item (iv) of paragraph (a) of subsection (1) | ||||||
11 | of Section 5-710 that an independent basis of abuse, | ||||||
12 | neglect, or dependency exists; or | ||||||
13 | (3) who has been the subject of an indicated allegation | ||||||
14 | of abuse or neglect by the Department of Children and | ||||||
15 | Family Services, other than for psychiatric lock-out, in | ||||||
16 | which the parent or guardian was the perpetrator within 5 | ||||||
17 | years of the filing of the pending petition.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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