Bill Text: IL SB3367 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Children and Family Services Act. Removes a provision making parents monetarily liable for the cost of care and training provided by the Department of Children and Family Services for children placed with the Department under a voluntary placement agreement. Instead provides that the Department shall adopt rules no later than January 1, 2026 regarding referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services under Title IV-D of the Social Security Act. Provides that it is the policy of the State that in order to preserve the financial security of a child's parent seeking reunification, the Department will not refer cases for child support enforcement services or seek an assignment of rights of child support regarding any child prior to the permanency goal of return home being ruled out by the court in accordance with the Juvenile Court Act of 1987. Permits the Department to refer cases for child support enforcement services, consistent with rules, after the permanency goal of return home has been ruled out by the court in accordance with the Juvenile Court Act of 1987. Requires the Department to adopt rules by January 1, 2026 establishing additional policies or criteria to consider to ensure compliance with this Section and federal law regarding referral for child support enforcement or assignment of rights of child support for children where a return home goal has been ruled out in accordance with the Juvenile Court Act of 1987. In a provision concerning liability for parents or guardians who make false written declarations to the Department concerning their income or ability to pay for their children's Department-sponsored care and training, provides that such parents and guardians will be liable to Department to the extent liability is consistent with the standards and rules set forth in the amendatory Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Enrolled) 2024-05-20 - Added Alternate Chief Co-Sponsor Rep. Debbie Meyers-Martin [SB3367 Detail]

Download: Illinois-2023-SB3367-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3367 Introduced 2/7/2024, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
20 ILCS 505/9.1 from Ch. 23, par. 5009.1
20 ILCS 505/9.3 from Ch. 23, par. 5009.3
Amends the Children and Family Services Act. In a provision concerning children accepted for care and training under the Juvenile Court Act of 1987 or through a voluntary placement agreement, provides that the parents or guardians of such children (rather than the parents or guardians of the estates of such children) shall only be liable for the sums representing the charges for such care and training. Requires the Department of Children and Family Services to establish a standard by which the ability of parents or guardians to pay for the care and training of the child shall be measured on an individual basis. Requires such standards and rules to provide: (i) that no liability exists if the family's annual income is under $100,000 or 400% of the federal poverty guidelines, whichever is greater; and (ii) that any liability shall not be contrary to the best interests of the child and shall not negatively impact the family's ability to participate in services to achieve reunification or in parent or child visitation. Requires the Department to adopt rules no later than July 1, 2025. In a provision concerning the referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services, provides that such cases shall only be referred if the Department of Children and Family Services has conducted a thorough individualized review of the family's circumstances, including, but not limited to, the impact the referral may have on the child's best interest and the ability to achieve permanency or participate in visitation. In a provision concerning liability for parents or guardians who make false written declarations to the Department concerning their income or ability to pay for their children's Department-sponsored care and training, provides that such parents and guardians will be liable to Department to the extent liability is consistent with the standards and rules set forth in the amendatory Act.
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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 changing Sections 9.1 and 9.3 as follows:
(20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
Sec. 9.1. The parents or guardians of the estates of
children accepted for care and training under the Juvenile
Court Act or the Juvenile Court Act of 1987, or through a
voluntary placement agreement with the parents or guardians
shall only be liable for the payment to the Department, or to a
licensed or approved child care facility designated by the
Department of sums representing charges for the care and
training of those children at a rate to be determined by the
Department if the Department has conducted a thorough
individual review of the circumstances. The Department shall
establish a standard by which the ability of parents or
guardians to pay for the care and training of the child shall
be measured on an individual basis the ability of parents or
guardians to pay for the care and training of their children,
and shall implement the standard by rules governing its
application. The standard and rules shall provide that no
liability exists if the family's annual income is under

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$100,000 or 400% of the federal poverty guidelines, whichever
is greater. The standard and the rules shall take into account
ability to pay as measured by annual income and family size.
The standards and rules shall provide that any liability shall
not be contrary to the best interests of the child and shall
not negatively impact the family's ability to participate in
services to achieve reunification or in parent or child
visitation. Medical or other treatment provided on behalf of
the family may also be taken into account in determining
ability to pay if the Department concludes that such treatment
is appropriate. The Department shall adopt rules to implement
this provision no later than July 1, 2025.
In addition, the Department may provide by rule for
referral of Title IV-E foster care maintenance cases to the
Department of Healthcare and Family Services for child support
enforcement services under Title IV-D of the Social Security
Act. Cases shall only be so referred if the Department has
conducted a thorough individualized review of the family's
circumstances, including, but not limited to, the impact the
referral may have on the child's best interest and the ability
to achieve permanency or participate in visitation. The
Department shall consider "good cause" as defined in
regulations promulgated under Title IV-A of the Social
Security Act, among other criteria, when determining whether
to refer a case and, upon referral, the parent or guardian of
the estate of a child who is receiving Title IV-E foster care

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maintenance payments shall be deemed to have made an
assignment to the Department of any and all rights, title and
interest in any support obligation on behalf of a child. The
rights to support assigned to the Department shall constitute
an obligation owed the State by the person who is responsible
for providing the support, and shall be collectible under all
applicable processes.
The acceptance of children for services or care shall not
be limited or conditioned in any manner on the financial
status or ability of parents or guardians to make such
payments.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)
Sec. 9.3. Declarations by parents and guardians.
Information requested of parents and guardians shall be
submitted on forms or questionnaires prescribed by the
Department or units of local government as the case may be and
shall contain a written declaration to be signed by the parent
or guardian in substantially the following form:
"I declare under penalties of perjury that I have examined
this form or questionnaire and all accompanying statements or
documents pertaining to my income, or any other matter having
bearing upon my status and ability to provide payment for care
and training of my child, and to the best of my knowledge and
belief the information supplied is true, correct, and

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