Bill Text: IL HB1551 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that a child shall continue to be eligible for an Individual Care Grant if the child is placed in the guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department Healthcare and Family Services or an active application was being reviewed by the Department when the guardianship order was entered. Provides that any minor who is placed in the guardianship of the Department of Children and Family Services under the Act while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. Provides that the court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0237 [HB1551 Detail]

Download: Illinois-2019-HB1551-Chaptered.html



Public Act 101-0237
HB1551 EnrolledLRB101 07904 SLF 52959 b
AN ACT concerning courts.
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 7.8 as follows:
(20 ILCS 505/7.8 new)
Sec. 7.8. Home safety checklist; aftercare services;
immunization checks.
(a) As used in this Section, "purchase of service agency"
means any entity that contracts with the Department to provide
services that are consistent with the purposes of this Act.
(b) Whenever a child is placed in the custody or
guardianship of the Department or a child is returned to the
custody of a parent or guardian and the court retains
jurisdiction of the case, the Department must ensure that the
child is up to date on his or her well-child visits, including
age-appropriate immunizations, or that there is a documented
religious or medical reason the child did not receive the
immunizations.
(c) Whenever a child has been placed in foster or
substitute care by court order and the court later determines
that the child can return to the custody of his or her parent
or guardian, the Department must complete, prior to the child's
discharge from foster or substitute care, a home safety
checklist to ensure that the conditions of the child's home are
sufficient to ensure the child's safety and well-being, as
defined in Department rules and procedures. At a minimum, the
home safety checklist shall be completed within 24 hours prior
to the child's return home and completed again or recertified
in the absence of any environmental barriers or hazards within
5 working days after a child is returned home and every month
thereafter until the child's case is closed pursuant to the
Juvenile Court Act of 1987. The home safety checklist shall
include a certification that there are no environmental
barriers or hazards to prevent returning the child home.
(d) When a court determines that a child should return to
the custody or guardianship of a parent or guardian, any
aftercare services provided to the child and the child's family
by the Department or a purchase of service agency shall
commence on the date upon which the child is returned to the
custody or guardianship of his or her parent or guardian. If
children are returned to the custody of a parent at different
times, the Department or purchase of service agency shall
provide a minimum of 6 months of aftercare services to each
child commencing on the date each individual child is returned
home.
(e) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a follow-up
performance audit to determine whether the Department has
implemented the recommendations contained in the initial
performance audit. Upon completion of each audit, the Auditor
General shall report its findings to the General Assembly. The
Auditor General's reports shall include any issues or
deficiencies and recommendations. The audits required by this
Section shall be in accordance with and subject to the Illinois
State Auditing Act.
Section 10. The Abused and Neglected Child Reporting Act is
amended by adding Section 7.01 as follows:
(325 ILCS 5/7.01 new)
Sec. 7.01. Safety assessments for reports made by mandated
reporters.
(a) When a report is made by a mandated reporter to the
statewide toll-free telephone number established under Section
7.6 of this Act and there is a prior indicated report of abuse
or neglect, or there is a prior open service case involving any
member of the household, the Department must, at a minimum,
accept the report as a child welfare services referral. If the
family refuses to cooperate or refuses access to the home or
children, then a child protective services investigation shall
be initiated if the facts otherwise meet the criteria to accept
a report.
As used in this Section, "child welfare services referral"
means an assessment of the family for service needs and linkage
to available local community resources for the purpose of
preventing or remedying or assisting in the solution of
problems which may result in the neglect, abuse, exploitation,
or delinquency of children, and as further defined in
Department rules and procedures.
As used in this Section, "prior open service case" means a
case in which the Department has provided services to the
family either directly or through a purchase of service agency.
(b) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a follow-up
performance audit to determine whether the Department has
implemented the recommendations contained in the initial
performance audit. Upon completion of each audit, the Auditor
General shall report its findings to the General Assembly. The
Auditor General's reports shall include any issues or
deficiencies and recommendations. The audits required by this
Section shall be in accordance with and subject to the Illinois
State Auditing Act.
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