Bill Amendment: IL SB3367 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: DCFS SRVCS-PARENTAL LIABILITY
Status: 2024-05-20 - Added Alternate Chief Co-Sponsor Rep. Debbie Meyers-Martin [SB3367 Detail]
Download: Illinois-2023-SB3367-Senate_Amendment_001.html
Bill Title: DCFS SRVCS-PARENTAL LIABILITY
Status: 2024-05-20 - Added Alternate Chief Co-Sponsor Rep. Debbie Meyers-Martin [SB3367 Detail]
Download: Illinois-2023-SB3367-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 3367 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3367 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Children and Family Services Act is | ||||||
5 | amended by changing Sections 9.1 and 9.3 as follows:
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6 | (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1) | ||||||
7 | Sec. 9.1. The Department shall adopt rules no later than | ||||||
8 | January 1, 2026 regarding The parents or guardians of the | ||||||
9 | estates of children accepted for care and training under the | ||||||
10 | Juvenile Court Act or the Juvenile Court Act of 1987, or | ||||||
11 | through a voluntary placement agreement with the parents or | ||||||
12 | guardians shall be liable for the payment to the Department, | ||||||
13 | or to a licensed or approved child care facility designated by | ||||||
14 | the Department of sums representing charges for the care and | ||||||
15 | training of those children at a rate to be determined by the | ||||||
16 | Department. The Department shall establish a standard by which |
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1 | shall be measured the ability of parents or guardians to pay | ||||||
2 | for the care and training of their children, and shall | ||||||
3 | implement the standard by rules governing its application. The | ||||||
4 | standard and the rules shall take into account ability to pay | ||||||
5 | as measured by annual income and family size. Medical or other | ||||||
6 | treatment provided on behalf of the family may also be taken | ||||||
7 | into account in determining ability to pay if the Department | ||||||
8 | concludes that such treatment is appropriate. In addition, the | ||||||
9 | Department may provide by rule for referral of Title IV-E | ||||||
10 | foster care maintenance cases to the Department of Healthcare | ||||||
11 | and Family Services for child support enforcement services | ||||||
12 | under Title IV-D of the Social Security Act. It is the policy | ||||||
13 | of the State that in order to preserve the financial security | ||||||
14 | of a child's parent seeking reunification, the Department will | ||||||
15 | not refer cases for child support enforcement services or seek | ||||||
16 | an assignment of rights of child support regarding any child | ||||||
17 | prior to the permanency goal of return home being ruled out by | ||||||
18 | the court in accordance with the Juvenile Court Act of 1987. | ||||||
19 | The Department may refer cases for child support enforcement | ||||||
20 | services, consistent with rules, after the permanency goal of | ||||||
21 | return home has been ruled out by the court in accordance with | ||||||
22 | the Juvenile Court Act of 1987. The Department shall adopt | ||||||
23 | rules by January 1, 2026 establishing additional policies or | ||||||
24 | criteria to consider to ensure compliance with this Section | ||||||
25 | and federal law regarding referral for child support | ||||||
26 | enforcement or assignment of rights of child support for |
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1 | children where a return home goal has been ruled out in | ||||||
2 | accordance with the Juvenile Court Act of 1987. The Department | ||||||
3 | shall consider "good cause" as defined in regulations | ||||||
4 | promulgated under Title IV-A of the Social Security Act, among | ||||||
5 | other criteria, when determining whether to refer a case and, | ||||||
6 | upon referral, the parent or guardian of the estate of a child | ||||||
7 | who is receiving Title IV-E foster care maintenance payments | ||||||
8 | shall be deemed to have made an assignment to the Department of | ||||||
9 | any and all rights, title and interest in any support | ||||||
10 | obligation on behalf of a child. The rights to support | ||||||
11 | assigned to the Department shall constitute an obligation owed | ||||||
12 | the State by the person who is responsible for providing the | ||||||
13 | support, and shall be collectible under all applicable | ||||||
14 | processes. | ||||||
15 | The acceptance of children for services or care shall not | ||||||
16 | be limited or conditioned in any manner on the financial | ||||||
17 | status or ability of parents or guardians to make such | ||||||
18 | payments. | ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07.)
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20 | (20 ILCS 505/9.3) (from Ch. 23, par. 5009.3) | ||||||
21 | Sec. 9.3. Declarations by parents and guardians. | ||||||
22 | Information requested of parents and guardians shall be | ||||||
23 | submitted on forms or questionnaires prescribed by the | ||||||
24 | Department or units of local government as the case may be and | ||||||
25 | shall contain a written declaration to be signed by the parent |
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1 | or guardian in substantially the following form: | ||||||
2 | "I declare under penalties of perjury that I have examined | ||||||
3 | this form or questionnaire and all accompanying statements or | ||||||
4 | documents pertaining to my income, or any other matter having | ||||||
5 | bearing upon my status and ability to provide payment for care | ||||||
6 | and training of my child, and to the best of my knowledge and | ||||||
7 | belief the information supplied is true, correct, and | ||||||
8 | complete". | ||||||
9 | A person who makes and subscribes a form or questionnaire | ||||||
10 | which contains, as herein above provided, a written | ||||||
11 | declaration that it is made under the penalties of perjury, | ||||||
12 | knowing it to be false, incorrect or incomplete, in respect to | ||||||
13 | any material statement or representative bearing upon the | ||||||
14 | parent's or guardian's status as a parent or guardian, or upon | ||||||
15 | the parent's or guardian's income, resources, or other matter | ||||||
16 | concerning the parent's or guardian's ability to provide | ||||||
17 | parental payment, shall be subject to the penalties for | ||||||
18 | perjury provided for in Section 32-2 of the Criminal Code of | ||||||
19 | 2012. | ||||||
20 | Parents who refuse to provide such information after three | ||||||
21 | written requests from the Department will be liable to the | ||||||
22 | extent liability is consistent with the standards and rules | ||||||
23 | described in Section 9.1 for the full cost of care provided, | ||||||
24 | from the commencement of such care until the required | ||||||
25 | information is received . | ||||||
26 | (Source: P.A. 103-22, eff. 8-8-23.)
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