Bill Text: IL HB4592 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Health Care and Human Services Emergency Budget Implementation Act of 2009. States that the Act is to be liberally construed and interpreted in a manner that allows the State to address the fiscal crisis for the fiscal year ending June 30, 2010. Amends the Illinois Administrative Procedure Act by providing that during the period July 1, 2009 through June 30, 2010, a State agency shall not enforce rules that implement or are authorized by a statute to the extent that the duties under that statute have been suspended by law by the General Assembly or by Executive Order of the Governor during that same time period; authorizes emergency rules to implement any provision of the amendatory Act or any other budget initiative for fiscal year 2010 in accordance with specified provisions, except that the 24-month limitation on the adoption of emergency rules and certain provisions of the Act concerning JCAR oversight do not apply to rules adopted under the new provisions. Repeals the State Facilities Closure Act. Amends the Illinois Act on the Aging, the Children and Family Services Act, the Child Care Act of 1969, the Illinois Public Aid Code, the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, the Abused and Neglected Child Reporting Act, the Mental Health and Developmental Disabilities Code, and other Acts. Provides for the suspension, limitation, or discontinuance of specified services, programs, duties, and functions. Provides that specified services and programs are subject to appropriation. Provides for changes in eligibility for specified services and programs. Makes other changes. Contains a severability provision. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-08-16 - Rule 19(b) / Motion Referred to Rules Committee; (Motion to Table Bill/Resolution) [HB4592 Detail]

Download: Illinois-2009-HB4592-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4592 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
See Index
Creates the Health Care and Human Services Emergency Budget Implementation Act of 2009. States that the Act is to be liberally construed and interpreted in a manner that allows the State to address the fiscal crisis for the fiscal year ending June 30, 2010. Amends the Illinois Administrative Procedure Act by providing that during the period July 1, 2009 through June 30, 2010, a State agency shall not enforce rules that implement or are authorized by a statute to the extent that the duties under that statute have been suspended by law by the General Assembly or by Executive Order of the Governor during that same time period; authorizes emergency rules to implement any provision of the amendatory Act or any other budget initiative for fiscal year 2010 in accordance with specified provisions, except that the 24-month limitation on the adoption of emergency rules and certain provisions of the Act concerning JCAR oversight do not apply to rules adopted under the new provisions. Repeals the State Facilities Closure Act. Amends the Illinois Act on the Aging, the Children and Family Services Act, the Child Care Act of 1969, the Illinois Public Aid Code, the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, the Abused and Neglected Child Reporting Act, the Mental Health and Developmental Disabilities Code, and other Acts. Provides for the suspension, limitation, or discontinuance of specified services, programs, duties, and functions. Provides that specified services and programs are subject to appropriation. Provides for changes in eligibility for specified services and programs. Makes other changes. Contains a severability provision. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT in relation to budget implementation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Health
Care and Human Services Emergency Budget Implementation Act of
2009.
Section 5. Legislative intent. The General Assembly hereby
finds and declares that the State is confronted with an
unprecedented fiscal crisis. This Act is to be liberally
construed and interpreted in a manner that allows the State to
address the fiscal crisis for the fiscal year ending June 30,
2010.
Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 and by adding Section 1-100 as
follows:
(5 ILCS 100/1-100 new)
Sec. 1-100. Suspension of existing rules. During the period
July 1, 2009 through June 30, 2010, a State agency shall not
enforce rules that implement or are authorized by a statute to
the extent that the duties under that statute have been
suspended by law by the General Assembly or by Executive Order

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of the Governor during that same time period. If the suspension
of the duties under a statute is terminated or revoked during
the period July 1, 2009 through June 30, 2010, the State agency
shall enforce the rules upon the termination or revocation of
the suspension.
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable

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and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, or (iii) emergency rules adopted by the
Illinois Department of Public Health under subsections (a)
through (i) of Section 2 of the Department of Public Health Act
when necessary to protect the public's health. Two or more
emergency rules having substantially the same purpose and
effect shall be deemed to be a single rule for purposes of this
Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency

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charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the

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adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this

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subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the
public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid

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may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely

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implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely

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implementation of the State's fiscal year 2010 budget,
emergency rules to implement any provision of this amendatory
Act of the 96th General Assembly or any other budget initiative
for fiscal year 2010 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (n). The adoption of emergency rules authorized by
this subsection (n) shall be deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 94-48, eff. 7-1-05; 94-838, eff. 6-6-06; 95-12,
eff. 7-2-07; 95-331, eff. 8-21-07.)
Section 15. The Illinois Act on the Aging is amended by
changing sections 4.01, 4.02. 4.02c, 4.11, and 8.06 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
(1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
(2) To coordinate and evaluate all programs, services, and

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facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
(7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.

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(8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs
and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support as may reasonably be
required by the Council and the Coordinating Committee of State
Agencies Serving Older Persons.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
(14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old

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for jobs for which their employment would not be precluded by
law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to four senior citizens
and minority senior citizens selected from a list of 44
nominees compiled annually by the Department. Nominations
shall be solicited from senior citizens' service providers,
area agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall consult with the
Coordinating Committee of State Agencies Serving Older Persons
to determine which of the nominees shall be the recipient in
each category of community service. The Department shall
establish a central location within the State to be designated
as the Senior Illinoisans Hall of Fame for the public display
of all the annual awards, or replicas thereof.
(16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.

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(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which may
be used by physicians licensed to practice medicine in all of
its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for

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Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
(19) (Blank). To conduct a study by April 1, 1994 of the
feasibility of implementing the Senior Companion Program
throughout the State for the fiscal year beginning July 1,
1994.
(20) The With respect to contracts in effect on July 1,
1994, the Department shall increase the grant amounts so that
the reimbursement rates paid through the community care program
for chore housekeeping services and home care aides are at the
same rate, which shall be the higher of the 2 rates currently
paid. With respect to all contracts entered into, renewed, or
extended on or after July 1, 1994, the reimbursement rates paid
through the community care program for chore housekeeping
services and home care aides shall be the same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.
(22) To distribute, through its area agencies on aging,

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information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;

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(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program clients;
(h) accountability and assurance that services will be
available to individuals who have earned service credits;
and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
(Source: P.A. 95-298, eff. 8-20-07; 95-689, eff. 10-29-07;
95-876, eff. 8-21-08.)
(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary
institutionalization of persons age 60 and older who are
enrolled in medical assistance under Article V of the Illinois
Public Aid Code and in need of long term care or who are
established as persons who suffer from Alzheimer's disease or a
related disorder under the Alzheimer's Disease Assistance Act,
thereby enabling them to remain in their own homes or in other
living arrangements. Such preventive services, which may be
coordinated with other programs for the aged and monitored by

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area agencies on aging in cooperation with the Department, may
include, but are not limited to, any or all of the following:
(a) (blank);
(b) (blank);
(c) home care aide services;
(d) personal assistant services;
(e) adult day services;
(f) home-delivered meals;
(g) education in self-care;
(h) personal care services;
(i) adult day health services;
(j) habilitation services;
(k) respite care;
(k-5) community reintegration services;
(k-6) flexible senior services;
(k-7) medication management;
(k-8) emergency home response;
(l) other nonmedical social services that may enable
the person to become self-supporting; or
(m) clearinghouse for information provided by senior
citizen home owners who want to rent rooms to or share
living space with other senior citizens.
The Department shall establish eligibility standards for
such services. In taking into consideration the unique economic
and social needs of the target population for whom they are to
be provided. Such eligibility standards shall be based on the

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recipient's ability to pay for services; provided, however,
that in determining the amount and nature of services for which
a person may qualify, consideration shall not be given to the
value of cash, property or other assets held in the name of the
person's spouse pursuant to a written agreement dividing
marital property into equal but separate shares or pursuant to
a transfer of the person's interest in a home to his spouse,
provided that the spouse's share of the marital property is not
made available to the person seeking such services.
Beginning July 1, 2002, the Department shall require as a
condition of eligibility that all financially eligible
applicants apply for medical assistance under Article V of the
Illinois Public Aid Code in accordance with rules promulgated
by the Department.
Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
The Department shall, in conjunction with the Department of
Public Aid (now Department of Healthcare and Family Services),
seek appropriate amendments under Sections 1915 and 1924 of the
Social Security Act. The purpose of the amendments shall be to
extend eligibility for home and community based services under
Sections 1915 and 1924 of the Social Security Act to persons
who transfer to or for the benefit of a spouse those amounts of

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income and resources allowed under Section 1924 of the Social
Security Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the provision
of home or community-based services, would require the level of
care provided in an institution, as is provided for in federal
law. Those persons no longer found to be eligible for receiving
noninstitutional services due to changes in the eligibility
criteria shall be given 30 60 days notice prior to actual
termination. Those persons receiving notice of termination may
contact the Department and request the determination be
appealed at any time during the 30 60 day notice period. With
the exception of the lengthened notice and time frame for the
appeal request, the appeal process shall follow the normal
procedure. In addition, each person affected regardless of the
circumstances for discontinued eligibility shall be given
notice and the opportunity to purchase the necessary services
through the Community Care Program. If the individual does not
elect to purchase services, the Department shall advise the
individual of alternative services. The target population
identified for the purposes of this Section are persons age 60
and older with an identified service need. Priority shall be
given to those who are at imminent risk of
institutionalization. The services shall be provided to
eligible persons age 60 and older to the extent that the cost
of the services together with the other personal maintenance

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expenses of the persons are reasonably related to the standards
established for care in a group facility appropriate to the
person's condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Department of Human Services.
The Departments of Human Services, Healthcare and Family
Services, Public Health, Veterans' Affairs, and Commerce and
Economic Opportunity and other appropriate agencies of State,
federal and local governments shall cooperate with the
Department on Aging in the establishment and development of the
non-institutional services. The Department shall require an
annual audit from all personal assistant and home care aide
vendors contracting with the Department under this Section. The
annual audit shall assure that each audited vendor's procedures
are in compliance with Department's financial reporting
guidelines requiring an administrative and employee wage and
benefits cost split as defined in administrative rules. The
audit is a public record under the Freedom of Information Act.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department of Healthcare
and Family Services, to effect the following: (1) intake
procedures and common eligibility criteria for those persons
who are receiving non-institutional services; and (2) the
establishment and development of non-institutional services in

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areas of the State where they are not currently available or
are undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall be
conducted by the Department.
As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult
children with developmental disabilities. The content of the
training shall be at the Department's discretion.
The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
The Department, or the Department's authorized
representative, may shall recover the amount of moneys expended
for services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and

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then only at such time when there is no surviving child who is
under age 21, blind, or permanently and totally disabled. This
paragraph, however, shall not bar recovery, at the death of the
person, of moneys for services provided to the person or in
behalf of the person under this Section to which the person was
not entitled; provided that such recovery shall not be enforced
against any real estate while it is occupied as a homestead by
the surviving spouse or other dependent, if no claims by other
creditors have been filed against the estate, or, if such
claims have been filed, they remain dormant for failure of
prosecution or failure of the claimant to compel administration
of the estate for the purpose of payment. This paragraph shall
not bar recovery from the estate of a spouse, under Sections
1915 and 1924 of the Social Security Act and Section 5-4 of the
Illinois Public Aid Code, who precedes a person receiving
services under this Section in death. All moneys for services
paid to or in behalf of the person under this Section shall be
claimed for recovery from the deceased spouse's estate.
"Homestead", as used in this paragraph, means the dwelling
house and contiguous real estate occupied by a surviving spouse
or relative, as defined by the rules and regulations of the
Department of Healthcare and Family Services, regardless of the
value of the property.
The Department shall increase the effectiveness of the
existing Community Care Program by:
(1) ensuring that in-home services included in the care

HB4592 - 23 - LRB096 13381 DRJ 28099 b
plan are available on evenings and weekends;
(2) ensuring that care plans contain the services that
eligible participants need based on the number of days in a
month, not limited to specific blocks of time, as
identified by the comprehensive assessment tool selected
by the Department for use statewide, not to exceed the
total monthly service cost maximum allowed for each
service; the Department shall develop administrative rules
to implement this item (2);
(3) ensuring that the participants have the right to
choose the services contained in their care plan and to
direct how those services are provided, based on
administrative rules established by the Department;
(4) ensuring that the determination of need tool is
accurate in determining the participants' level of need; to
achieve this, the Department, in conjunction with the Older
Adult Services Advisory Committee, shall institute a study
of the relationship between the Determination of Need
scores, level of need, service cost maximums, and the
development and utilization of service plans no later than
May 1, 2008; findings and recommendations shall be
presented to the Governor and the General Assembly no later
than January 1, 2009; recommendations shall include all
needed changes to the service cost maximums schedule and
additional covered services;
(5) ensuring that homemakers can provide personal care

HB4592 - 24 - LRB096 13381 DRJ 28099 b
services that may or may not involve contact with clients,
including but not limited to:
(A) bathing;
(B) grooming;
(C) toileting;
(D) nail care;
(E) transferring;
(F) respiratory services;
(G) exercise; or
(H) positioning;
(6) ensuring that homemaker program vendors are not
restricted from hiring homemakers who are family members of
clients or recommended by clients; the Department may not,
by rule or policy, require homemakers who are family
members of clients or recommended by clients to accept
assignments in homes other than the client; and
(7) ensuring that the State may access maximum federal
matching funds by seeking approval for the Centers for
Medicare and Medicaid Services for modifications to the
State's home and community based services waiver and
additional waiver opportunities in order to maximize
federal matching funds; this shall include, but not be
limited to, modification that reflects all changes in the
Community Care Program services and all increases in the
services cost maximum.
Beginning July 1, 2009, operation of the Cash and

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Counseling Demonstration Project by the Department is subject
to appropriations. By July 1, 2010, or as soon thereafter as is
practicable, assuming continuation of the Cash and Counseling
Demonstration Project, the Department may, based on its
evaluation of the demonstration project, promulgate rules
concerning personal assistant services, to include, but need
not be limited to, qualifications, employment screening,
rights under fair labor standards, training, fiduciary agent,
and supervision requirements. All applicants shall be subject
to the provisions of the Health Care Worker Background Check
Act.
By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the provisions
of the Health Care Worker Background Check Act.
The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these

HB4592 - 26 - LRB096 13381 DRJ 28099 b
services shall be appropriately trained.
Beginning on the effective date of this Amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to do
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,
(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
employees.
The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are
meeting the federal minimum wage statute for home care aides
and personal assistants . An employer that cannot ensure that

HB4592 - 27 - LRB096 13381 DRJ 28099 b
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals
to serve in the Committee, who shall serve at their own
expense. Members of the Committee must abide by all applicable
ethics laws. The Committee shall advise the Department on
issues related to the Department's program of services to
prevent unnecessary institutionalization. The Committee shall
meet on a bi-monthly basis and shall serve to identify and
advise the Department on present and potential issues affecting
the service delivery network, the program's clients, and the
Department and to recommend solution strategies. Persons
appointed to the Committee shall be appointed on, but not
limited to, their own and their agency's experience with the
program, geographic representation, and willingness to serve.
The Director shall appoint members to the Committee to
represent provider, advocacy, policy research, and other
constituencies committed to the delivery of high quality home
and community-based services to older adults. Representatives
shall be appointed to ensure representation from community care
providers including, but not limited to, adult day service
providers, homemaker providers, case coordination and case
management units, emergency home response providers, statewide
trade or labor unions that represent home care aides and direct

HB4592 - 28 - LRB096 13381 DRJ 28099 b
care staff, area agencies on aging, adults over age 60,
membership organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year. A
member shall continue to serve until his or her replacement is
named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The Director,
or his or her designee, shall make a written report, as
requested by the Committee, regarding issues before the
Committee.
The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of

HB4592 - 29 - LRB096 13381 DRJ 28099 b
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor and
the General Assembly on or before September 30 each year.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader and the Clerk of the House of
Representatives and the President, the Minority Leader and the
Secretary of the Senate and the Legislative Research Unit, as
required by Section 3.1 of the General Assembly Organization
Act and filing such additional copies with the State Government
Report Distribution Center for the General Assembly as is
required under paragraph (t) of Section 7 of the State Library
Act.
Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
For the purposes of this Section, "flexible senior

HB4592 - 30 - LRB096 13381 DRJ 28099 b
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
transportation.
(Source: P.A. 94-48, eff. 7-1-05; 94-269, eff. 7-19-05; 94-336,
eff. 7-26-05; 94-954, eff. 6-27-06; 95-298, eff. 8-20-07;
95-473, eff. 8-27-07; 95-565, eff. 6-1-08; 95-876, eff.
8-21-08.)
(20 ILCS 105/4.02c)
Sec. 4.02c. Comprehensive Care in Residential Settings
Demonstration Project.
(a) The Department may establish and fund a demonstration
program of bundled services designed to support the specialized
needs of clients currently residing in projects that were
formerly designated as Community Based Residential Facilities.
Participating projects must hold a valid license, which remains
unsuspended, unrevoked, and unexpired, under the provisions of
the Assisted Living and Shared Housing Act.
(b) The demonstration program must include, at a minimum:
(1) 3 meals per day;
(2) routine housekeeping services;
(3) 24-hour-a-day security;
(4) an emergency response system;
(5) personal laundry and linen service;
(6) assistance with activities of daily living;

HB4592 - 31 - LRB096 13381 DRJ 28099 b
(7) medication management; and
(8) money management.
Optional services, such as transportation and social
activities, may be provided.
(c) Reimbursement for the program shall be based on the
client's level of need and functional impairment, as determined
by the Department. Clients must meet all eligibility
requirements established by rule. The Department may establish
a capitated reimbursement mechanism based on the client's level
of need and functional impairment. Reimbursement for program
must be made to the Department-contracted provider delivering
the services.
(d) The Department shall adopt rules and provide oversight
for the project, with assistance and advice provided by the
Assisted Living and Shared Housing Advisory Board and Assisted
Living and Shared Housing Quality of Life Committee.
The project may be funded through the Department
appropriations that may include Medicaid waiver funds.
(e) (Blank.) Before January 1, 2008, the Department, in
consultation with the Assisted Living and Shared Housing
Advisory Board, must report to the General Assembly on the
results of the demonstration project. The report must include,
without limitation, any recommendations for changes or
improvements, including changes or improvements in the
administration of the program and an evaluation.
(Source: P.A. 93-775, eff. 1-1-05.)

HB4592 - 32 - LRB096 13381 DRJ 28099 b
(20 ILCS 105/4.11)
Sec. 4.11. AIDS awareness. The Department may must develop
health programs and materials targeted to persons 50 years of
age and more concerning the dangers of HIV and AIDS and
sexually transmitted diseases.
(Source: P.A. 91-106, eff. 1-1-00.)
(20 ILCS 105/8.06) (from Ch. 23, par. 6108.06)
Sec. 8.06. The Department may shall develop and implement a
plan for the increased incorporation of local and community
senior citizen centers into the functions and responsibilities
of area agencies on aging and for the increased input of local
and community senior citizen centers into the Department's
policy making process.
(Source: P.A. 86-730.)
(20 ILCS 105/4.02d rep.)
(20 ILCS 105/4.10 rep.)
(20 ILCS 105/8.05 rep.)
Section 20. The Illinois Act on the Aging is amended by
repealing Sections 4.02d, 4.10, and 8.05.
Section 25. The Children and Family Services Act is amended
by changing Sections 2.1, 4a, 5, 5a, 5e, 5.25, 5.30, 8, 8a, 8b,
9.8a, 12, 17a-7, 17a-8, 21, 21.5, 22.2, 29, 30, 34.3, 34.4,

HB4592 - 33 - LRB096 13381 DRJ 28099 b
34.5, 34.9, 34.11, 35.5, 35.6 and 35.7 as follows:
(20 ILCS 505/2.1)
Sec. 2.1. Subject to appropriation, the The Department
shall ensure a sufficient number of placement and other
resources of sufficient quality and variety to meet the needs
of children and families as specified in the individual case
plan in Sec. 6a of this Act. Nothing in this Sec. shall be
construed to create a private right of action or a judicially
enforceable claim on the part of any individual or agency.
(Source: P.A. 88-614, eff. 9-7-94.)
(20 ILCS 505/4a) (from Ch. 23, par. 5004a)
Sec. 4a. (a) To administer child abuse prevention shelters
and service programs for abused and neglected children, or
provide for their administration by not-for-profit
corporations, community-based organizations or units of local
government.
Subject to appropriation, the The Department is hereby
designated the single State agency for planning and
coordination of child abuse and neglect prevention programs and
services. On or before the first Friday in April of each year,
the Department shall submit to the Governor and the General
Assembly a State comprehensive child abuse and neglect
prevention plan. The plan shall: identify priorities, goals and
objectives; identify the resources necessary to implement the

HB4592 - 34 - LRB096 13381 DRJ 28099 b
plan, including estimates of resources needed to investigate or
otherwise process reports of suspected child abuse or neglect
and to provide necessary follow-up services for child
protection, family preservation and family reunification in
"indicated" cases as determined under the Abused and Neglected
Child Reporting Act; make proposals for the most effective use
of existing resources to implement the plan, including
recommendations for the optimum use of private, local public,
State and federal resources; and propose strategies for the
development of additional resources to meet the goal of
reducing the incidence of child abuse and neglect and reducing
the number of reports of suspected child abuse and neglect made
to the Department.
(b) The administration of child abuse prevention, shelters
and service programs under subsection (a) may shall be funded
in part by appropriations made from the Child Abuse Prevention
Fund, which is hereby created in the State Treasury, and in
part by appropriations from the General Revenue Fund. All
interest earned on monies in the Child Abuse Prevention Fund
shall remain in such fund. The Department and the State
Treasurer may accept funds as provided by Sections 507 and 508
of the Illinois Income Tax Act and unsolicited private
donations for deposit into the Child Abuse Prevention Fund.
Annual requests for appropriations for the purpose of providing
child abuse and neglect prevention programs and services under
this Section shall be made in separate and distinct line-items.

HB4592 - 35 - LRB096 13381 DRJ 28099 b
In setting priorities for the direction and scope of such
programs, the Director shall be advised by the State-wide
Citizen's Committee on Child Abuse and Neglect.
(c) Where the Department contracts with outside agencies to
operate the shelters or programs, such outside agencies may
receive funding from the Department, except that the shelters
must certify a 20% financial match for operating expenses of
their programs. In selecting the outside agencies to administer
child shelters and service programs, and in allocating funds
for such agencies, the Department shall give priority to new
and existing shelters or programs offering the broadest range
of services to the community served.
(d) Subject to appropriation, the The Department shall have
the power to make grants of monies to fund comprehensive
community-based services to reduce the incidence of family
dysfunction typified by child abuse and neglect; to diminish
those factors found to increase family dysfunction; and to
measure the effectiveness and costs of such services.
(e) Subject to appropriation, for For implementing such
intergovernmental cooperation and involvement, units of local
government and public and private agencies may apply for and
receive federal or State funds from the Department under this
Act or seek and receive gifts from local philanthropic or other
private local sources in order to augment any State funds
appropriated for the purposes of this Act.
(f) For the purposes of this Section:

HB4592 - 36 - LRB096 13381 DRJ 28099 b
(1) The terms "abused child" and "neglected child" have
meanings ascribed to them in Section 3 of the Abused and
Neglected Child Reporting Act.
(2) "Shelter" has the meaning ascribed to it in Section 1-3
of the Juvenile Court Act of 1987.
(Source: P.A. 85-1209.)
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. Subject to appropriation, to To
provide direct child welfare services when not available
through other public or private child care or program
facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 19 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical

HB4592 - 37 - LRB096 13381 DRJ 28099 b
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at

HB4592 - 38 - LRB096 13381 DRJ 28099 b
home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:

HB4592 - 39 - LRB096 13381 DRJ 28099 b
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department may shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or

HB4592 - 40 - LRB096 13381 DRJ 28099 b
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

HB4592 - 41 - LRB096 13381 DRJ 28099 b
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be developed
within the Department or through purchase of services by the
Department to the extent that it is within its statutory
authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;

HB4592 - 42 - LRB096 13381 DRJ 28099 b
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was

HB4592 - 43 - LRB096 13381 DRJ 28099 b
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) Subject to appropriation, the The Department shall
not deny or delay the placement of a child for adoption if an
approved family is available either outside of the Department

HB4592 - 44 - LRB096 13381 DRJ 28099 b
region handling the case, or outside of the State of Illinois.
(k) Subject to appropriation, the The Department shall
accept for care and training any child who has been adjudicated
neglected or abused, or dependent committed to it pursuant to
the Juvenile Court Act or the Juvenile Court Act of 1987.
(l) Subject to appropriation, Before July 1, 2000, the
Department may provide, and beginning July 1, 2000, the
Department may shall offer family preservation services, as
defined in Section 8.2 of the Abused and Neglected Child
Reporting Act, to help families, including adoptive and
extended families. Family preservation services may shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency.
The Department shall notify the child and his family of the

HB4592 - 45 - LRB096 13381 DRJ 28099 b
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. A minor charged with a criminal

HB4592 - 46 - LRB096 13381 DRJ 28099 b
offense under the Criminal Code of 1961 or adjudicated
delinquent shall not be placed in the custody of or committed
to the Department by any court, except a minor less than 15
years of age committed to the Department under Section 5-710 of
the Juvenile Court Act of 1987 or a minor for whom an
independent basis of abuse, neglect, or dependency exists,
which must be defined by departmental rule. An independent
basis exists when the allegations or adjudication of abuse,
neglect, or dependency do not arise from the same facts,
incident, or circumstances which give rise to a charge or
adjudication of delinquency.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, if the legislature appropriates
funds, the legislature may direct directs the Department of
Children and Family Services to conduct concurrent planning so
that permanency may occur at the earliest opportunity.
Permanent living arrangements may include prevention of
placement of a child outside the home of the family when the
child can be cared for at home without endangering the child's
health or safety; reunification with the family, when safe and
appropriate, if temporary placement is necessary; or movement
of the child toward the most permanent living arrangement and
permanent legal status.
When determining reasonable efforts to be made with respect

HB4592 - 47 - LRB096 13381 DRJ 28099 b
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;

HB4592 - 48 - LRB096 13381 DRJ 28099 b
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and

HB4592 - 49 - LRB096 13381 DRJ 28099 b
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.

HB4592 - 50 - LRB096 13381 DRJ 28099 b
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10 day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10 day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the

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child is a ward who was placed under the care of the Department
before being subject to placement in a correctional facility
and a court of competent jurisdiction has ordered placement of
the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for

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services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(o) Subject to appropriation, the The Department shall
establish an administrative review and appeal process for
children and families who request or receive child welfare
services from the Department. Children who are wards of the
Department and are placed by private child welfare agencies,
and foster families with whom those children are placed, shall
be afforded the same procedural and appeal rights as children
and families in the case of placement by the Department,
including the right to an initial review of a private agency
decision by that agency. The Department shall insure that any
private child welfare agency, which accepts wards of the
Department for placement, affords those rights to children and
foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by
(i) a child or foster family concerning a decision following an
initial review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner.
(p) There is hereby created the Department of Children and
Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is

HB4592 - 53 - LRB096 13381 DRJ 28099 b
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall establish
administrative rules specifying the criteria for determining
eligibility for and the amount and nature of assistance to be
provided. The Department may also enter into written agreements
with private and public social service agencies to provide
emergency financial services to families referred by the
Department. Special financial assistance payments shall be
available to a family no more than once during each fiscal year
and the total payments to a family may not exceed $500 during a
fiscal year.
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement

HB4592 - 54 - LRB096 13381 DRJ 28099 b
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant

HB4592 - 55 - LRB096 13381 DRJ 28099 b
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) (Blank). The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place or handicapped child and the names of such
children who have not been placed for adoption. A list of such
names and addresses shall be maintained by the Department or
its agent, and coded lists which maintain the confidentiality
of the person seeking to adopt the child and of the child shall
be made available, without charge, to every adoption agency in
the State to assist the agencies in placing such children for
adoption. The Department may delegate to an agent its duty to
maintain and make available such lists. The Department shall
ensure that such agent maintains the confidentiality of the
person seeking to adopt the child and of the child.
(s) (Blank). The Department of Children and Family Services
may establish and implement a program to reimburse Department
and private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if

HB4592 - 56 - LRB096 13381 DRJ 28099 b
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) (Blank). The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or

HB4592 - 57 - LRB096 13381 DRJ 28099 b
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known

HB4592 - 58 - LRB096 13381 DRJ 28099 b
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only

HB4592 - 59 - LRB096 13381 DRJ 28099 b
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) Subject to appropriation, the The Department shall
access criminal history record information as defined in the
Illinois Uniform Conviction Information Act and information
maintained in the adjudicatory and dispositional record system
as defined in Section 2605-355 of the Department of State
Police Law (20 ILCS 2605/2605-355) if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act of
1969, and the Children and Family Services Act. The Department
may shall provide for interactive computerized communication
and processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the
Department of State Police. In addition, one Office of the
Inspector General investigator shall have training in the use
of the criminal history information access system and have
access to the terminal. The Department of Children and Family
Services and its employees shall abide by rules and regulations
established by the Department of State Police relating to the
access and dissemination of this information.
(v-1) Prior to final approval for placement of a child,

HB4592 - 60 - LRB096 13381 DRJ 28099 b
subject to appropriation, the Department shall conduct a
criminal records background check of the prospective foster or
adoptive parent, including fingerprint-based checks of
national crime information databases. Final approval for
placement shall not be granted if the record check reveals a
felony conviction for child abuse or neglect, for spousal
abuse, for a crime against children, or for a crime involving
violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery, or if there is a
felony conviction for physical assault, battery, or a
drug-related offense committed within the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall

HB4592 - 61 - LRB096 13381 DRJ 28099 b
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(Source: P.A. 94-215, eff. 1-1-06; 94-1010, eff. 10-1-06;
95-10, eff. 6-30-07; 95-601, eff. 9-11-07; 95-642, eff. 6-1-08;
95-876, eff. 8-21-08.)
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
Sec. 5a. Subject to appropriation, reimbursable
Reimbursable services for which the Department of Children and
Family Services may shall pay up to 100% of the reasonable cost
pursuant to a written contract negotiated between the
Department and the agency furnishing the services (which shall
include but not be limited to the determination of reasonable
cost, the services being purchased and the duration of the

HB4592 - 62 - LRB096 13381 DRJ 28099 b
agreement) include, but are not limited to:
SERVICE ACTIVITIES
Adjunctive Therapy;
Child Care Service, including day care;
Clinical Therapy;
Custodial Service;
Field Work Students;
Food Service;
Normal Education;
In-Service Training;
Intake or Evaluation, or both;
Medical Services;
Recreation;
Social Work or Counselling, or both;
Supportive Staff;
Volunteers.
OBJECT EXPENSES
Professional Fees and Contract Service Payments;
Supplies;
Telephone and Telegram;
Occupancy;
Local Transportation;
Equipment and Other Fixed Assets, including amortization
of same;

HB4592 - 63 - LRB096 13381 DRJ 28099 b
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;
Inspection and Monitoring for purposes of issuing
licenses;
Determination of Children who are eligible
for federal or other reimbursement;
Postage and Shipping;
Outside Printing, Artwork, etc.;
Subscriptions and Reference Publications;
Management and General Expense.
Reimbursement of administrative costs other than inspection
and monitoring for purposes of issuing licenses may not exceed
20% of the costs for other services.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting process:
(a) with respect to any day care centers, it shall be
limited to those agencies which receive reimbursement from
the State;
(b) the cost survey instrument shall be promulgated by
rule;
(c) any requirements of the respondents shall be
promulgated by rule;

HB4592 - 64 - LRB096 13381 DRJ 28099 b
(d) all screens, limits or other tests of
reasonableness, allowability and reimbursability shall be
promulgated by rule;
(e) adjustments may be made by the Department to rates
when it determines that reported wage and salary levels are
insufficient to attract capable caregivers in sufficient
numbers.
The Department of Children and Family Services may pay 100%
of the reasonable costs of research and valuation focused
exclusively on services to wards of the Department. Such
research projects must be approved, in advance, by the Director
of the Department.
In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services shall, in
accordance with annual written agreements, make advance
quarterly disbursements to local public agencies for child day
care services with funds appropriated from the Local Effort Day
Care Fund.
Neither the Department of Children and Family Services nor
the Department of Human Services shall pay or approve
reimbursement for day care in a facility which is operating
without a valid license or permit, except in the case of day
care homes or day care centers which are exempt from the
licensing requirements of the "Child Care Act of 1969".
(Source: P.A. 89-507, eff. 7-1-97.)

HB4592 - 65 - LRB096 13381 DRJ 28099 b
(20 ILCS 505/5e)
Sec. 5e. Advocacy Office for Children and Families. Subject
to appropriation, the The Department of Children and Family
Services may shall establish and maintain an Advocacy Office
for Children and Families that shall, in addition to other
duties assigned by the Director, receive and respond to
complaints that may be filed by children, parents, caretakers,
and relatives of children receiving child welfare services from
the Department of Children and Family Services or its agents.
The Department shall promulgate policies and procedures for
filing, processing, investigating, and resolving the
complaints. The Department shall make a final report to the
complainant of its findings. If a final report is not
completed, the Department shall report on its disposition every
30 days. The Advocacy Office shall include a statewide
toll-free telephone number that may be used to file complaints,
or to obtain information about the delivery of child welfare
services by the Department or its agents. This telephone number
shall be included in all appropriate notices and handbooks
regarding services available through the Department.
(Source: P.A. 92-334, eff. 8-10-01; 92-651, eff. 7-11-02.)
(20 ILCS 505/5.25)
Sec. 5.25. Behavioral health services.
(a) Subject to appropriation, every Every child in the care
of the Department of Children and Family Services under this

HB4592 - 66 - LRB096 13381 DRJ 28099 b
Act may shall receive the necessary behavioral health services
including but not limited to: mental health services, trauma
services, substance abuse services, and developmental
disabilities services. The provision of these services may be
provided in milieu including but not limited to: integrated
assessment, treatment plans, individual and group therapy,
specialized foster care, community based programming, licensed
residential services, psychosocial rehabilitation, screening
assessment and support services, hospitalization, and
transitional planning and referral to the Department of Human
Services for appropriate services when the child reaches
adulthood. Services shall be appropriate to meet the needs of
the individual child and may be provided to the child at the
site of the program, facility, or foster home or at an
otherwise appropriate location. A program facility, or home,
shall assist the Department staff in arranging for a child to
receive behavioral health services from an outside provider
when those services are necessary to meet the child's needs and
the child wishes to receive them.
(b) Not later than January 1, 2006, the Department shall
file a proposed rule or a proposed amendment to an existing
rule regarding the provision of behavioral health services to
children who have serious behavioral health needs. The proposal
shall address, but is not limited to, the implementation of the
following: integrated assessment, treatment plans, individual
and group therapy, specialized foster care, community based

HB4592 - 67 - LRB096 13381 DRJ 28099 b
programming, licensed residential services, psychosocial
rehabilitation, hospitalization, and transitional planning and
referral to the Department of Human Services for appropriate
services when the child reaches adulthood.
(c) In preparation for the comprehensive implementation of
the behavioral health system, the Department shall also prepare
an assessment of behavioral health community services
available to the Department in the State. The assessment shall
evaluate the resources needed in each region to provide
appropriate behavioral health services for all of the
Department's foster children within the region's service area
who are in need of behavioral health services. The assessments
shall include, at a minimum, an analysis of the current
availability and needs in each of the following areas:
comprehensive integrated assessment, trauma services, mental
health treatment, qualified mental health professionals,
community providers, programs for psychosocial rehabilitation,
and programs for substance abuse. By January 1, 2007, the
Department shall complete all required individual and regional
assessments and shall submit a written report to the Governor
and the General Assembly that describes the results of the
assessment and contains a specific plan to address the
identified needs for services.
(Source: P.A. 94-34, eff. 1-1-06.)
(20 ILCS 505/5.30)

HB4592 - 68 - LRB096 13381 DRJ 28099 b
Sec. 5.30. Specialized care.
(a) Not later than July 1, 2007, the Department shall adopt
a rule, or an amendment to a rule then in effect, regarding the
provision of specialized care to a child in the custody or
guardianship of the Department, or to a child being placed in a
subsidized guardianship arrangement or under an adoption
assistance agreement, who requires such services due to
emotional, behavioral, developmental, or medical needs, or any
combination thereof, or any other needs which require special
intervention services, the primary goal being to maintain the
child in foster care or in a permanency setting. The rule or
amendment to a rule shall establish, at a minimum, the
criteria, standards, and procedures for the following:
(1) The determination that a child requires
specialization.
(2) The determination of the level of care required to
meet the child's special needs.
(3) The approval of a plan of care that will meet the
child's special needs.
(4) The monitoring of the specialized care provided to
the child and review of the plan to ensure quality of care
and effectiveness in meeting the child's needs.
(5) The determination, approval, and implementation of
amendments to the plan of care.
(6) The establishment and maintenance of the
qualifications, including specialized training, of

HB4592 - 69 - LRB096 13381 DRJ 28099 b
caretakers of specialized children.
The rule or amendment to a rule adopted under this
subsection shall establish the minimum services to be provided
to children eligible for specialized care under this Section.
The Department shall also adopt rules providing for the
training of Department and public or private agency staff
involved in implementing the rule. On or before September 1 of
2007 and each year thereafter, the Department shall submit to
the General Assembly an annual report on the implementation of
this Section. Services required under any adopted rule are
subject to appropriation.
(b) (Blank). No payments to caregivers in effect for the
specialized treatment or care of a child, nor the level of care
being provided to a child prior to the effective date of this
amendatory Act of the 94th General Assembly, shall be reduced
under the criteria, standards, and procedures adopted and
implemented under this Section.
(Source: P.A. 94-1010, eff. 10-1-06.)
(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8. Scholarships and fee waivers. Subject to
appropriation, each Each year the Department may select from
among the children under care, or children formerly under care
who have been adopted or are in the subsidized guardianship
program, a maximum of 48 students (at least 4 of whom shall be
children of veterans) who have completed 4 years in an

HB4592 - 70 - LRB096 13381 DRJ 28099 b
accredited high school; the children selected shall be eligible
for scholarships and fee waivers which will entitle them to 4
consecutive years of community college, university, or college
education. Selection shall be made on the basis of scholastic
record, aptitude, and general interest in higher education. In
accordance with this Act, tuition scholarships and fee waivers
shall be available to such students at any university or
college maintained by the State of Illinois. Subject to
appropriation, the The Department shall provide maintenance
and school expenses, except tuition and fees, during the
academic years to supplement the students' earnings or other
resources so long as they consistently maintain scholastic
records which are acceptable to their schools and to the
Department. Students may attend other colleges and
universities, if scholarships are awarded them, and receive the
same benefits for maintenance and other expenses as those
students attending any Illinois State community college,
university, or college under this Section.
(Source: P.A. 90-608, eff. 6-30-98.)
(20 ILCS 505/8a) (from Ch. 23, par. 5008a)
Sec. 8a. No otherwise qualified child with a disability
receiving special education and related services under Article
14 of The School Code shall solely by reason of his or her
disability be excluded from the participation in or be denied
the benefits of or be subjected to discrimination under any

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program or activity provided by the Department and funded
through appropriations.
The Department, or its authorized agent, shall ensure that
a copy of a student's then current individualized education
program (IEP) is provided to the school district in which the
student is newly placed by the Department. Upon receipt of the
IEP, the new school district shall review it and place the
student in a special education program in accordance with that
described in the IEP. The Department shall consult with the
State Board of Education in the development of necessary rules
and regulations to implement this provision.
(Source: P.A. 87-372.)
(20 ILCS 505/8b) (from Ch. 23, par. 5008b)
Sec. 8b. No homeless person eligible to receive benefits or
services from the Department shall, by reason of his or her
status as a homeless person, be excluded from participation in,
be denied benefits under or be subjected to discrimination
under any program or activity provided by the Department and
funded through appropriations.
(Source: P.A. 84-1277.)
(20 ILCS 505/9.8a) (from Ch. 23, par. 5009.8a)
Sec. 9.8a. Child Welfare Litigation Division. Subject to
appropriation, the The Department of Children and Family
Services Child Welfare Litigation Division in the Office of the

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Attorney General shall represent the State in, and defend on
the State's behalf, all court actions referred to it by the
Illinois Department of Children and Family Services under this
Act, the Child Care Act of 1969, and other laws for the
enforcement and defense of all legal proceedings. The Division
shall be funded by an appropriation to the Department of
Children and Family Services and shall be staffed with
attorneys appointed by the Attorney General as Special
Assistant Attorneys General whose special duty it shall be to
execute the duties described in this paragraph. The Special
Assistant Attorneys General shall be assigned exclusively to
those duties and may engage only in political activities that
are not prohibited by the federal Hatch Political Activity Act.
(Source: P.A. 87-1017.)
(20 ILCS 505/12) (from Ch. 23, par. 5012)
Sec. 12. (a) Subject to appropriation, to To provide
supervision, housing accommodations, board or the payment of
boarding costs, tuition, and treatment free of charge, except
as otherwise specified in this Act, for residents of this State
who are cared for in any institution, or for persons receiving
services under any program under the jurisdiction of the
Department. Residents of other states may be admitted upon
payment of the costs of board, tuition, and treatment as
determined by the Department; provided, that no resident of
another state shall be received or retained to the exclusion of

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any resident of this State. The Department shall accept any
donation for the board, tuition, and treatment of any person
receiving service or care.
(b) By July 1, 1994, to make room and board payments to
persons providing foster care under this Act at a rate for each
child that is up to 100% of the adjusted United States
Department of Agriculture Cost of Raising a Child in the Urban
Midwest/Low Cost Index.
(Source: P.A. 86-1482.)
(20 ILCS 505/17a-7) (from Ch. 23, par. 5017a-7)
Sec. 17a-7. Units of General Local Government - Agreements
for Funds. Subject to appropriation, units Units of general
local government may apply for, receive, disburse, allocate and
account for grants of funds made available by the United States
government, or by the State of Illinois, particularly including
grants made available pursuant to the federal Juvenile Justice
and Delinquency Prevention Act of 1974, including subsequent
amendments or reenactments, if any: and may enter into
agreements with the Department or with the United States
government which may be required as a condition of obtaining
federal or State funds, or both.
(Source: P.A. 82-975.)
(20 ILCS 505/17a-8) (from Ch. 23, par. 5017a-8)
Sec. 17a-8. Agreements for Cooperative Action by Units of

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General Local Government. Subject to appropriation, any Any two
or more units of general local government may enter into
agreements with one another for joint cooperative action for
the purpose of applying for, receiving, disbursing, allocating
and accounting for grants of funds made available by the United
States government pursuant to the Juvenile Justice and
Delinquency Prevention Act of 1974, including subsequent
amendments or reenactments, if any; and for any State funds
made available for that purpose. Such agreements shall include
the proportion and amount of funds which shall be supplied by
each participating unit of general local government. Such
agreements may include provisions for the designation of
treasurer or comparable employee of one of the units to serve
as collection and disbursement officer for all of the units in
connection with a grant-funded program.
(Source: P.A. 82-975.)
(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary to
the performance of its duties.
(b) In the course of any such investigation any qualified
person authorized by the Director may administer oaths and
secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to
such investigation. Any person who is served with a subpoena by

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the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law,
and who refuses or neglects to appear, or to testify, or to
produce books and papers relevant to such investigation, as
commanded in such subpoena, shall be guilty of a Class B
misdemeanor. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the Department or before any authorized officer or employee
thereof, by an attachment for contempt or otherwise, in the
same manner as production of evidence may be compelled before
such court. Every person who, having taken an oath or made
affirmation before the Department or any authorized officer or
employee thereof, shall willfully swear or affirm falsely,
shall be guilty of perjury and upon conviction shall be
punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right to
a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative Review
Law.
(d) Beginning July 1, 1988, any child protective

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investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date of
this amendatory Act of 1987 shall have completed a training
program which shall be instituted by the Department. The
training program shall include, but not be limited to, the
following: (1) training in the detection of symptoms of child
neglect and drug abuse; (2) specialized training for dealing
with families and children of drug abusers; and (3) specific
training in child development, family dynamics and interview
techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective
Investigator and Child Welfare Specialist Certification Act of
1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be
grounds for any disciplinary or other action against an
investigator or a specialist.
Subject to appropriation, the The Department shall develop
a continuous inservice staff development program and
evaluation system. Each child protective investigator and
supervisor and child welfare specialist and supervisor shall
participate in such program and evaluation and shall complete a
minimum of 20 hours of inservice education and training every 2
years in order to maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his

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actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the rights of
employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions
of subsections (d) and (e), the former shall prevail and
control.
(e) The Department shall develop and implement the
following:
(1) A standardized child endangerment risk assessment
protocol.
(2) Related training procedures.
(3) A standardized method for demonstration of
proficiency in application of the protocol.
(4) An evaluation of the reliability and validity of
the protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department
or its contractors shall be required, subsequent to the
availability of training under this Act, to demonstrate
proficiency in application of the protocol previous to being
permitted to make decisions about the degree of risk posed to

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children for whom they are responsible. The Department shall
establish a multi-disciplinary advisory committee appointed by
the Director, including but not limited to representatives from
the fields of child development, domestic violence, family
systems, juvenile justice, law enforcement, health care,
mental health, substance abuse, and social service to advise
the Department and its related contractors in the development
and implementation of the child endangerment risk assessment
protocol, related training, method for demonstration of
proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol. The Department
shall develop the protocol, training curriculum, method for
demonstration of proficiency in application of the protocol and
method for evaluation of the reliability and validity of the
protocol by July 1, 1995. Training and demonstration of
proficiency in application of the child endangerment risk
assessment protocol for all child protective investigators and
supervisors and child welfare specialists and supervisors
shall be completed as soon as practicable, but no later than
January 1, 1996. The Department shall submit to the General
Assembly on or before May 1, 1996, and every year thereafter,
an annual report on the evaluation of the reliability and
validity of the child endangerment risk assessment protocol.
The Department shall contract with a not for profit
organization with demonstrated expertise in the field of child
endangerment risk assessment to assist in the development and

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implementation of the child endangerment risk assessment
protocol, related training, method for demonstration of
proficiency in application of the protocol, and evaluation of
the reliability and validity of the protocol.
(Source: P.A. 91-61, eff. 6-30-99; 92-154, eff. 1-1-02.)
(20 ILCS 505/21.5)
Sec. 21.5. Training; advice to subjects of investigation.
Subject to appropriation, the The Department shall train all
child protective investigators concerning the statutory and
constitutional rights of individuals subject to investigation
for child abuse and neglect and shall require all child
protective investigators to inform individuals subject to a
child abuse and neglect investigation concerning the specific
complaints or allegations made against the individual.
(Source: P.A. 93-733, eff. 1-1-05.)
(20 ILCS 505/22.2) (from Ch. 23, par. 5022.2)
Sec. 22.2. Subject to appropriation, to To provide training
programs for the provision of foster care and adoptive care
services. Training provided to foster parents shall include
training and information on their right to be heard, to bring a
mandamus action, and to intervene in juvenile court as set
forth under subsection (2) of Section 1-5 of the Juvenile Court
Act of 1987 and the availability of the hotline established
under Section 35.6 of this Act, that foster parents may use to

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report incidents of misconduct or violation of rules by
Department employees, service providers, or contractors.
(Source: P.A. 94-91, eff. 7-1-05.)
(20 ILCS 505/29) (from Ch. 23, par. 5029)
Sec. 29. Subject to appropriation, to To establish,
maintain and operate cemeteries in connection with the
institutions of the Department for the interment of the remains
of deceased residents of such institutions whose bodies are not
claimed by relatives or others willing to provide other
facilities for the interment thereof and to acquire lands
therefor.
(Source: Laws 1963, p. 1061.)
(20 ILCS 505/30) (from Ch. 23, par. 5030)
Sec. 30. To prescribe and require surety bonds from any
officer or employee under the jurisdiction of the Department,
where deemed advisable, in such penal sums to be determined by
the Department. The cost of such bonds shall be paid by the
State out of funds if appropriated for this purpose to the
Department.
(Source: Laws 1963, p. 1061.)
(20 ILCS 505/34.3) (from Ch. 23, par. 5034.3)
Sec. 34.3. Subject to appropriation to ensure adequate
staffing, to To conduct supervisory reviews of cases handled by

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caseworkers and other direct-service personnel to determine
whether such persons, in the conduct of their duties,
identified and addressed actual or potential drug or alcohol
abuse problems of clients, and to institute training and other
appropriate remedial measures in the event of any systemic
failure to properly identify and address such problems.
(Source: P.A. 85-738.)
(20 ILCS 505/34.4) (from Ch. 23, par. 5034.4)
Sec. 34.4. Subject to appropriation, to To enter into
referral agreements, on its own behalf and on behalf of
agencies funded by the Department, with licensed alcohol and
drug abuse treatment programs for the referral and treatment of
clients with alcohol and drug abuse problems.
(Source: P.A. 85-738.)
(20 ILCS 505/34.5) (from Ch. 23, par. 5034.5)
Sec. 34.5. To make such inquiry as may be appropriate, in
any intake or investigation which the Department is required or
authorized to conduct, to determine whether drug or alcohol
abuse is a factor contributing to the problem necessitating the
Department's involvement, and, when appropriate, subject to
appropriation and availability of services, to refer a person
to a licensed alcohol or drug treatment program, and to include
any treatment recommendations in the person's case plan.
(Source: P.A. 85-738.)

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(20 ILCS 505/34.9) (from Ch. 23, par. 5034.9)
Sec. 34.9. Subject to appropriation, the The Department
may, in conjunction with colleges or universities in this
State, establish programs to train low-income older persons to
be child care workers. The Department shall prescribe, by rule:
(a) age and income qualifications for persons to be trained
under such programs; and
(b) standards for such programs to ensure that such
programs train participants to be skilled workers for the child
care industry.
(Source: P.A. 86-889.)
(20 ILCS 505/34.11)
Sec. 34.11. Lou Jones Grandparent Child Care Program.
(a) The General Assembly finds and declares the following:
(1) An increasing number of children under the age of
18, including many children who would otherwise be at risk
of abuse or neglect, are in the care of a grandparent or
other nonparent relative.
(2) The principal causes of this increase include
parental substance abuse, child abuse, mental illness,
poverty, and death, as well as concerted efforts by
families and by the child welfare service system to keep
children with relatives whenever possible.
(3) Grandparents and older relatives providing primary

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care for at-risk children may experience unique resultant
problems, such as financial stress due to limited incomes,
emotional difficulties dealing with the loss of the child's
parents or the child's unique behaviors, and decreased
physical stamina coupled with a much higher incidence of
chronic illness.
(4) Many children being raised by nonparent relatives
experience one or a combination of emotional, behavioral,
psychological, academic, or medical problems, especially
those born to a substance-abusing mother or at risk of
child abuse, neglect, or abandonment.
(5) Grandparents and other relatives providing primary
care for children lack appropriate information about the
issues of kinship care, the special needs (both physical
and psychological) of children born to a substance-abusing
mother or at risk of child abuse, neglect, or abandonment,
and the support resources currently available to them.
(6) An increasing number of grandparents and other
relatives age 60 or older are adopting or becoming the
subsidized guardians of children placed in their care by
the Department. Some of these children will experience the
death of their adoptive parent or guardian before reaching
the age of 18. For most of these children, no legal plan
has been made for the child's future care and custody in
the event of the caregiver's death or incapacity.
(7) Grandparents and other relatives providing primary

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care for children lack appropriate information about
future care and custody planning for children in their
care. They also lack access to resources that may assist
them in developing future legal care and custody plans for
children in their legal custody.
(b) Subject to appropriation, the The Department may
establish an informational and educational program for
grandparents and other relatives who provide primary care for
children who are at risk of child abuse, neglect, or
abandonment or who were born to substance-abusing mothers. As a
part of the program, the Department may develop, publish, and
distribute an informational brochure for grandparents and
other relatives who provide primary care for children who are
at risk of child abuse, neglect, or abandonment or who were
born to substance-abusing mothers. The information provided
under the program authorized by this Section may include, but
is not limited to the following:
(1) The most prevalent causes of kinship care,
especially the risk of substance exposure or child abuse,
neglect, or abandonment.
(2) The problems experienced by children being raised
by nonparent caregivers.
(3) The problems experienced by grandparents and other
nonparent relatives providing primary care for children
who have special needs.
(4) The legal system as it relates to children and

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their nonparent primary caregivers.
(5) The benefits available to children and their
nonparent primary caregivers.
(6) A list of support groups and resources located
throughout the State.
The brochure may be distributed through hospitals, public
health nurses, child protective services, medical professional
offices, elementary and secondary schools, senior citizen
centers, public libraries, community action agencies selected
by the Department, and the Department of Human Services.
(c) Subject to appropriation, in In addition to other
provisions of this Section, the Department may shall establish
a program of information, social work services, and legal
services for any person age 60 or over and any other person who
may be in need of a future legal care and custody plan who
adopt, have adopted, take guardianship of, or have taken
guardianship of children previously in the Department's
custody. This program may shall also assist families of
deceased adoptive parents and guardians. As part of the
program, the Department may shall:
(1) Develop a protocol for identification of persons
age 60 or over and others who may be in need of future care
and custody plans, including ill caregivers, who are
adoptive parents, prospective adoptive parents, guardians,
or prospective guardians of children who are or have been
in Department custody.

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(2) Provide outreach to caregivers before and after
adoption and guardianship, and to the families of deceased
caregivers, regarding Illinois legal options for future
care and custody of children.
(3) Provide training for Department and private agency
staff on methods of assisting caregivers before and after
adoption and guardianship, and the families of older and
ill caregivers, who wish to make future care and custody
plans for children who have been wards of the Department
and who are or will be adopted by or are or will become
wards of those caregivers.
(4) Ensure that all caregivers age 60 or over who will
adopt or will become guardians of children previously in
Department custody have specifically designated future
caregivers for children in their care. The Department shall
document this designation, and the Department shall also
document acceptance of this responsibility by any future
caregiver. Documentation of future care designation shall
be included in each child's case file and adoption or
guardianship subsidy files as applicable to the child.
(5) Ensure that any designated future caregiver and the
family of a deceased caregiver have information on the
financial needs of the child and future resources that may
be available to support the child, including any adoption
assistance and subsidized guardianship for which the child
is or may be eligible.

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(6) With respect to programs of social work and legal
services:
(i) Provide contracted social work services to
older and ill caregivers, and the families of deceased
caregivers, including those who will or have adopted or
will take or have taken guardianship of children
previously in Department custody. Social work services
to caregivers will have the goal of securing a future
care and custody plan for children in their care. Such
services will include providing information to the
caregivers and families on standby guardianship,
guardianship, standby adoption, and adoption. The
Department will assist the caregiver in developing a
plan for the child if the caregiver becomes
incapacitated or terminally ill, or dies while the
child is a minor. The Department shall develop a form
to document the information given to caregivers and to
document plans for future custody, in addition to the
documentation described in subsection (b) (4). This
form shall be included in each child's case file and
adoption or guardianship subsidy files as applicable
to the child.
(ii) Through a program of contracted legal
services, assist older and ill caregivers, and the
families of deceased caregivers, with the goal of
securing court-ordered future care and custody plans

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for children in their care. Court-ordered future care
and custody plans may include: standby guardianship,
successor guardianship, standby adoption, and
successor adoption. The program will also study ways in
which to provide timely and cost-effective legal
services to older and ill caregivers, and to families
of deceased caregivers in order to ensure permanency
for children in their care.
(7) Ensure that future caregivers designated by
adoptive parents or guardians, and the families of deceased
caregivers, understand their rights and potential
responsibilities and shall be able to provide adequate
support and education for children who may become their
legal responsibility.
(8) Ensure that future caregivers designated by
adoptive parents and guardians, and the families of
deceased caregivers, understand the problems of children
who have experienced multiple caregivers and who may have
experienced abuse, neglect, or abandonment or may have been
born to substance-abusing mothers.
(9) Ensure that future caregivers designated by
adoptive parents and guardians, and the families of
deceased caregivers, understand the problems experienced
by older and ill caregivers of children, including children
with special needs, such as financial stress due to limited
income and increased financial responsibility, emotional

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difficulties associated with the loss of a child's parent
or the child's unique behaviors, the special needs of a
child who may come into their custody or whose parent or
guardian is already deceased, and decreased physical
stamina and a higher rate of chronic illness and other
health concerns.
(10) Provide additional services as needed to families
in which a designated caregiver appointed by the court or a
caregiver designated in a will or other legal document
cannot or will not fulfill the responsibilities as adoptive
parent, guardian, or legal custodian of the child.
(d) The Department shall consult with the Department on
Aging and any other agency it deems appropriate as the
Department develops the program required by subsection (c).
(e) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-1040, eff. 3-25-09.)
(20 ILCS 505/35.5)
Sec. 35.5. Inspector General.
(a) Subject to appropriation, the The Governor shall

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appoint, and the Senate shall confirm, an Inspector General who
shall have the authority to conduct investigations into
allegations of or incidents of possible misconduct,
misfeasance, malfeasance, or violations of rules, procedures,
or laws by any employee, foster parent, service provider, or
contractor of the Department of Children and Family Services.
The Inspector General shall make recommendations to the
Director of Children and Family Services concerning sanctions
or disciplinary actions against Department employees or
providers of service under contract to the Department. The
Director of Children and Family Services shall provide the
Inspector General with an implementation report on the status
of any corrective actions taken on recommendations under review
and shall continue sending updated reports until the corrective
action is completed. The Director shall provide a written
response to the Inspector General indicating the status of any
sanctions or disciplinary actions against employees or
providers of service involving any investigation subject to
review. In any case, information included in the reports to the
Inspector General and Department responses shall be subject to
the public disclosure requirements of the Abused and Neglected
Child Reporting Act. Any investigation conducted by the
Inspector General shall be independent and separate from the
investigation mandated by the Abused and Neglected Child
Reporting Act. The Inspector General shall be appointed for a
term of 4 years. The Inspector General shall function

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independently within the Department of Children and Family
Services with respect to the operations of the Office of
Inspector General, including the performance of investigations
and issuance of findings and recommendations, and shall report
to the Director of Children and Family Services and the
Governor and perform other duties the Director may designate.
The Inspector General shall adopt rules as necessary to carry
out the functions, purposes, and duties of the office of
Inspector General in the Department of Children and Family
Services, in accordance with the Illinois Administrative
Procedure Act and any other applicable law.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of
the office. To minimize duplication of efforts, and to assure
consistency and conformance with the requirements and
procedures established in the B.H. v. Suter consent decree and
to share resources when appropriate, the Inspector General
shall coordinate his or her activities with the Bureau of
Quality Assurance within the Department.
(c) The Inspector General shall be the primary liaison
between the Department and the Department of State Police with
regard to investigations conducted under the Inspector
General's auspices. If the Inspector General determines that a
possible criminal act has been committed, or that special
expertise is required in the investigation, he or she shall
immediately notify the Department of State Police. All

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investigations conducted by the Inspector General shall be
conducted in a manner designed to ensure the preservation of
evidence for possible use in a criminal prosecution.
(d) The Inspector General may recommend to the Department
of Children and Family Services, the Department of Public
Health, or any other appropriate agency, sanctions to be
imposed against service providers under the jurisdiction of or
under contract with the Department for the protection of
children in the custody or under the guardianship of the
Department who received services from those providers. The
Inspector General may seek the assistance of the Attorney
General or any of the several State's Attorneys in imposing
sanctions.
(e) The Inspector General shall at all times be granted
access to any foster home, facility, or program operated for or
licensed or funded by the Department.
(f) Nothing in this Section shall limit investigations by
the Department of Children and Family Services that may
otherwise be required by law or that may be necessary in that
Department's capacity as the central administrative authority
for child welfare.
(g) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers
pertinent to an investigation authorized by this Act. The power
to subpoena or to compel the production of books and papers,
however, shall not extend to the person or documents of a labor

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organization or its representatives insofar as the person or
documents of a labor organization relate to the function of
representing an employee subject to investigation under this
Act. Any person who fails to appear in response to a subpoena
or to answer any question or produce any books or papers
pertinent to an investigation under this Act, except as
otherwise provided in this Section, or who knowingly gives
false testimony in relation to an investigation under this Act
is guilty of a Class A misdemeanor.
(h) The Inspector General shall provide to the General
Assembly and the Governor, no later than January 1 of each
year, a summary of reports and investigations made under this
Section for the prior fiscal year. The summaries shall detail
the imposition of sanctions and the final disposition of those
recommendations. The summaries shall not contain any
confidential or identifying information concerning the
subjects of the reports and investigations. The summaries also
shall include detailed recommended administrative actions and
matters for consideration by the General Assembly.
(Source: P.A. 95-527, eff. 6-1-08.)
(20 ILCS 505/35.6)
Sec. 35.6. State-wide toll-free telephone number.
(a) Subject to appropriation, there There shall be a
State-wide, toll-free telephone number for any person, whether
or not mandated by law, to report to the Inspector General of

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the Department, suspected misconduct, malfeasance,
misfeasance, or violations of rules, procedures, or laws by
Department employees, service providers, or contractors that
is detrimental to the best interest of children receiving care,
services, or training from or who were committed to the
Department as allowed under Section 5 of this Act. Immediately
upon receipt of a telephone call regarding suspected abuse or
neglect of children, the Inspector General shall refer the call
to the Child Abuse and Neglect Hotline or to the State Police
as mandated by the Abused and Neglected Child Reporting Act and
Section 35.5 of this Act. A mandated reporter shall not be
relieved of his or her duty to report incidents to the Child
Abuse and Neglect Hotline referred to in this subsection. The
Inspector General shall also establish rules and procedures for
evaluating reports of suspected misconduct and violation of
rules and for conducting an investigation of such reports.
(b) The Inspector General may shall prepare and maintain
written records from the reporting source that shall contain
the following information to the extent known at the time the
report is made: (1) the names and addresses of the child and
the person responsible for the child's welfare; (2) the nature
of the misconduct and the detriment cause to the child's best
interest; (3) the names of the persons or agencies responsible
for the alleged misconduct. Any investigation conducted by the
Inspector General pursuant to such information shall not
duplicate and shall be separate from the investigation mandated

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by the Abused and Neglected Child Reporting Act. However, the
Inspector General may include the results of such investigation
in reports compiled under this Section. At the request of the
reporting agent, the Inspector General shall keep the identity
of the reporting agent strictly confidential from the operation
of the Department, until the Inspector General shall determine
what recommendations shall be made with regard to discipline or
sanction of the Department employee, service provider, or
contractor, with the exception of suspected child abuse or
neglect which shall be handled consistent with the Abused and
Neglected Child Reporting Act and Section 35.5 of this Act. The
Department shall take whatever steps are necessary to assure
that a person making a report in good faith under this Section
is not adversely affected solely on the basis of having made
such report.
(Source: P.A. 92-334, eff. 8-10-01.)
(20 ILCS 505/35.7)
Sec. 35.7. Error Reduction Implementations Plans;
Inspector General.
(a) Subject to appropriation, the The Inspector General of
the Department of Children and Family Services may shall
develop Error Reduction Implementation Plans, as necessary, to
remedy patterns of errors or problematic practices that
compromise or threaten the safety of children as identified in
the DCFS Office of the Inspector General (OIG) death or serious

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injury investigations and Child Death Review Teams
recommendations. The Error Reduction Implementation Plans
shall include both training and on-site components. The
Inspector General shall submit proposed Error Reduction
Implementation Plans to the Director for review. The Director
may approve the plans submitted, or approve plans amended by
the Office of the Inspector General, taking into consideration
polices and procedures that govern the function and performance
of any affected frontline staff. The Director shall document
the basis for disapproval of any submitted or amended plan. The
Department shall deploy Error Reduction Safety Teams to
implement the Error Reduction Implementation Plans. The Error
Reduction Safety Teams shall be composed of Quality Assurance
and Division of Training staff to implement hands-on training
and Error Reduction Implementation Plans. The teams shall work
in the offices of the Department or of agencies, or both, as
required by the Error Reduction Implementation Plans, and shall
work to ensure that systems are in place to continue reform
efforts after the departure of the teams. The Director shall
develop a method to ensure consistent compliance with any Error
Reduction Implementation Plans, the provisions of which shall
be incorporated into the plan.
(b) Quality Assurance may shall prepare public reports
annually detailing the following: the substance of any Error
Reduction Implementation Plan approved; any deviations from
the Error Reduction Plan; whether adequate staff was available

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to perform functions necessary to the Error Reduction
Implementation Plan, including identification and reporting of
any staff needs; other problems noted or barriers to
implementing the Error Reduction Implementation Plan; and
recommendations for additional training, amendments to rules
and procedures, or other systemic reform identified by the
teams. Quality Assurance shall work with affected frontline
staff to implement provisions of the approved Error Reduction
Implementation Plans related to staff function and
performance.
(c) The Error Reduction Teams may shall implement training
and reform protocols through incubating change in each region,
Department office, or purchase of service office, as required.
The teams shall administer hands-on assistance, supervision,
and management while ensuring that the office, region, or
agency develops the skills and systems necessary to incorporate
changes on a permanent basis. For each Error Reduction
Implementation Plan, the Team shall determine whether adequate
staff is available to fulfill the Error Reduction
Implementation Plan, provide case-by-case supervision to
ensure that the plan is implemented, and ensure that management
puts systems in place to enable the reforms to continue. Error
Reduction Teams shall work with affected frontline staff to
ensure that provisions of the approved Error Reduction
Implementation Plans relating to staff functions and
performance are achieved to effect necessary reforms.

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(d) The OIG may shall develop and submit new Error
Reduction Implementation Plans as necessary. To implement each
Error Reduction Implementation Plan, as approved by the
Director, the OIG shall work with Quality Assurance members of
the Error Reduction Teams designated by the Department. The
teams shall be comprised of staff from Quality Assurance and
Training. Training shall work with the OIG and with the child
death review teams to develop a curriculum to address errors
identified that compromise the safety of children. Following
the training roll-out, the Teams shall work on-site in
identified offices. The Teams shall review and supervise all
work relevant to the Error Reduction Implementation Plan.
Quality Assurance shall identify outcome measures and track
compliance with the training curriculum. Each quarter, Quality
Assurance shall prepare a report detailing compliance with the
Error Reduction Implementation Plan and alert the Director to
staffing needs or other needs to accomplish the goals of the
Error Reduction Implementation Plan. The report shall be
transmitted to the Director, the OIG, and all management staff
involved in the Error Reduction Implementation Plan.
(e) The Director shall review quarterly Quality Assurance
reports and determine adherence to the Error Reduction
Implementation Plan using criteria and standards developed by
the Department.
(Source: P.A. 95-527, eff. 6-1-08.)

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(20 ILCS 1305/10-26 rep.)
Section 27. The Department of Human Services Act is amended
by repealing Section 10-26.
Section 30. The Illinois Lottery Law is amended by changing
Section 21.6 as follows:
(20 ILCS 1605/21.6)
Sec. 21.6. Scratch-off for Illinois veterans.
(a) The Department shall offer a special instant
scratch-off game for the benefit of Illinois veterans. The game
shall commence on January 1, 2006 or as soon thereafter, at the
discretion of the Director, as is reasonably practical. The
operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The Illinois Veterans Assistance Fund is created as a
special fund in the State treasury. The net revenue from the
Illinois veterans scratch-off game shall be deposited into the
Fund for appropriation by the General Assembly solely to the
Department of Veterans Affairs for making grants, funding
additional services, or conducting additional research
projects relating to each of the following:
(i) veterans' post traumatic stress disorder;
(ii) veterans' homelessness;

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(iii) the health insurance costs of veterans;
(iv) veterans' disability benefits, including but not
limited to, disability benefits provided by veterans
service organizations and veterans assistance commissions
or centers; and
(v) the long-term care of veterans; provided that,
beginning with respect to moneys appropriated for fiscal
years year 2008, 2009, and 2011 and thereafter (but not
fiscal year 2010), no more than 20% of such moneys shall be
used for health insurance costs.
In order to expend moneys from this special fund,
beginning with moneys appropriated for fiscal year 2008 and
through fiscal year 2009, the Director of Veterans' Affairs
shall appoint a 3-member funding authorization committee.
The Director shall designate one of the members as
chairperson. The committee shall meet on a quarterly basis,
at a minimum, and shall authorize expenditure of moneys
from the special fund by a two-thirds vote. Decisions of
the committee shall not take effect unless and until
approved by the Director of Veterans' Affairs. Each member
of the committee shall serve until a replacement is named
by the Director of Veterans' Affairs. One member of the
committee shall be a member of the Veterans' Advisory
Council. In fiscal year 2010, the Director may authorize
the expenditure of moneys from the fund for use by the
Department.

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Moneys collected from the special instant scratch-off game
shall be used only as a supplemental financial resource and
shall not supplant existing moneys that the Department of
Veterans Affairs may currently expend for the purposes set
forth in items (i) through (v).
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and from gifts, grants, and awards
from any public or private entity, must be deposited into the
Fund. Any interest earned on moneys in the Fund must be
deposited into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
(c) During the time that tickets are sold for the Illinois
veterans scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section.
(Source: P.A. 94-585, eff. 8-15-05; 95-331, eff. 8-20-07;
95-649, eff. 10-11-07.)
(20 ILCS 2405/3c rep.)

HB4592 - 102 - LRB096 13381 DRJ 28099 b
Section 31. The Disabled Persons Rehabilitation Act is
amended by repealing Section 3c.
(30 ILCS 608/Act rep.)
Section 32. The State Facilities Closure Act is repealed.
Section 35. The Asbestos Abatement Act is amended by adding
Section 17 as follows:
(105 ILCS 105/17 new)
Sec. 17. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Act are hereby suspended during the
period July 1, 2009, through June 30, 2010.
Section 40. The Nursing Home Care Act is amended by
changing Section 3-702 as follows:
(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
Sec. 3-702. (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may
request an investigation. The request may be submitted to the
Department in writing, by telephone, or by personal visit. An
oral complaint shall be reduced to writing by the Department.
The Department shall request information identifying the

HB4592 - 103 - LRB096 13381 DRJ 28099 b
complainant, including the name, address and telephone number,
to help enable appropriate follow-up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance with
such request is not required to satisfy the procedures for
filing a complaint under this Act.
(b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
(c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
(d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Director shall have the
authority to determine the order in which complaints received
by the Department shall be investigated. Priority shall be

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given to complaints involving imminent danger to a resident's
life or safety, followed by complaints alleging abuse or
neglect. The Department shall investigate all complaints
alleging abuse or neglect within 7 days after the receipt of
the complaint except that complaints of abuse or neglect which
indicate that a resident's life or safety is in imminent danger
shall be investigated within 24 hours after receipt of the
complaint. All other complaints shall be investigated within 30
days after the receipt of the complaint. The Department
employees investigating a complaint shall conduct a brief,
informal exit conference with the facility to alert its
administration of any suspected serious deficiency that poses a
direct threat to the health, safety or welfare of a resident to
enable an immediate correction for the alleviation or
elimination of such threat. Such information and findings
discussed in the brief exit conference shall become a part of
the investigating record but shall not in any way constitute an
official or final notice of violation as provided under Section
3-301. All complaints shall be classified as "an invalid
report", "a valid report", or "an undetermined report". For any
complaint classified as "a valid report", the Department must
determine within 30 working days if any rule or provision of
this Act has been or is being violated.
(d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.

HB4592 - 105 - LRB096 13381 DRJ 28099 b
(e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
(f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
(g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a

HB4592 - 106 - LRB096 13381 DRJ 28099 b
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
(h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the "Criminal Code of
1961".
(Source: P.A. 85-1378.)
Section 45. The Illinois Migrant Labor Camp Law is amended
by adding Section 19 as follows:
(210 ILCS 110/19 new)
Sec. 19. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Law are hereby suspended during the
period July 1, 2009, through June 30, 2010.
Section 50. The Swimming Facility Act is amended by adding
Section 29 as follows:
(210 ILCS 125/29 new)

HB4592 - 107 - LRB096 13381 DRJ 28099 b
Sec. 29. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Act are hereby suspended during the
period July 1, 2009, through June 30, 2010.
Section 55. The Comprehensive Health Insurance Plan Act is
amended by changing Section 7.1 as follows:
(215 ILCS 105/7.1)
Sec. 7.1. Premiums.
(a) The Board shall establish premium rates for coverage as
provided in subsection (d) of this Section.
(b) Separate schedules of premium rates based on sex, age,
geographical location, and benefit plan shall apply for
individual risks.
(c) The Board may provide for separate premium rates for
optional family coverage for the spouse or one or more
dependents who reside together in any eligible individual's or
eligible person's household. The rates for each spouse or
dependent who qualifies to be covered under this optional
family coverage shall be such percentage of the applicable
individual Plan rate as the Board, in accordance with
appropriate actuarial principles, shall establish.
(d) The Board, with the assistance of the Director and in
accordance with appropriate actuarial principles, shall

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determine a standard risk rate by using the average rates that
individual standard risks in this State are charged by at least
5 of the largest health insurance issuers providing individual
health insurance coverage to residents of Illinois that is
substantially similar to the coverage offered by the Plan. In
determining the average rate or charges of those health
insurance issuers, the rates charged by those issuers shall be
actuarially adjusted to determine the rate or charge that would
have been charged for benefits similar to those provided by the
Plan. The standard risk rates shall be established using
reasonable actuarial techniques and shall reflect anticipated
claims experience, expenses, and other appropriate risk
factors for such coverage.
(e) Rates for Plan coverage shall not be less than 125% nor
more than 200% 150% of rates established as applicable for
individual standard risks pursuant to subsection (d).
(Source: P.A. 90-30, eff. 7-1-97.)
Section 60. The Children's Health Insurance Program Act is
amended by changing Sections 20 and 25 as follows:
(215 ILCS 106/20)
Sec. 20. Eligibility.
(a) To be eligible for this Program, a person must be a
person who has a child eligible under this Act and who is
eligible under a waiver of federal requirements pursuant to an

HB4592 - 109 - LRB096 13381 DRJ 28099 b
application made pursuant to subdivision (a)(1) of Section 40
of this Act or who is a child who:
(1) is a child who is not eligible for medical
assistance;
(2) is a child whose annual household income, as
determined by the Department, is above 133% of the federal
poverty level and at or below 200% of the federal poverty
level;
(3) is a resident of the State of Illinois; and
(4) is a child who is either a United States citizen or
included in one of the following categories of
non-citizens:
(A) unmarried dependent children of either a
United States Veteran honorably discharged or a person
on active military duty;
(B) refugees under Section 207 of the Immigration
and Nationality Act;
(C) asylees under Section 208 of the Immigration
and Nationality Act;
(D) persons for whom deportation has been withheld
under Section 243(h) of the Immigration and
Nationality Act;
(E) persons granted conditional entry under
Section 203(a)(7) of the Immigration and Nationality
Act as in effect prior to April 1, 1980;
(F) persons lawfully admitted for permanent

HB4592 - 110 - LRB096 13381 DRJ 28099 b
residence under the Immigration and Nationality Act;
and
(G) parolees, for at least one year, under Section
212(d)(5) of the Immigration and Nationality Act; and .
(5) for the period October 1, 2009 through September
30, 2010, either (i) who has been without health insurance
coverage for a period set forth by the Department in rules,
but not less than 12 months, (ii) whose parent has lost
employment that made available affordable dependent health
insurance coverage, until such time as affordable
employer-sponsored dependent health insurance coverage is
again available for the child as set forth by the
Department in rules, (iii) who is a newborn whose
responsible relative does not have available affordable
private or employer-sponsored health insurance, (iv) who,
within one year of applying for coverage under this Act,
lost medical benefits under the Illinois Public Aid Code,
or (v) as otherwise set forth by the Department in rule.
Those children who are in the categories set forth in
subdivisions (4)(F) and (4)(G) of this subsection, who enter
the United States on or after August 22, 1996, shall not be
eligible for 5 years beginning on the date the child entered
the United States.
(b) A child who is determined to be eligible for assistance
may remain eligible for 12 months, provided the child maintains
his or her residence in the State, has not yet attained 19

HB4592 - 111 - LRB096 13381 DRJ 28099 b
years of age, and is not excluded pursuant to subsection (c). A
child who has been determined to be eligible for assistance
must reapply or otherwise establish eligibility at least
annually. An eligible child shall be required, as determined by
the Department by rule, to report promptly those changes in
income and other circumstances that affect eligibility. The
eligibility of a child may be redetermined based on the
information reported or may be terminated based on the failure
to report or failure to report accurately. A child's
responsible relative or caretaker may also be held liable to
the Department for any payments made by the Department on such
child's behalf that were inappropriate. An applicant shall be
provided with notice of these obligations.
(c) A child shall not be eligible for coverage under this
Program if:
(1) the premium required pursuant to Section 30 of this
Act has not been paid. If the required premiums are not
paid the liability of the Program shall be limited to
benefits incurred under the Program for the time period for
which premiums had been paid. If the required monthly
premium is not paid, the child shall be ineligible for
re-enrollment for a minimum period of 3 months.
Re-enrollment shall be completed prior to the next covered
medical visit and the first month's required premium shall
be paid in advance of the next covered medical visit. The
Department shall promulgate rules regarding grace periods,

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notice requirements, and hearing procedures pursuant to
this subsection;
(2) the child is an inmate of a public institution or a
patient in an institution for mental diseases; or
(3) the child is a member of a family that is eligible
for health benefits covered under the State of Illinois
health benefits plan on the basis of a member's employment
with a public agency.
(Source: P.A. 92-597, eff. 6-28-02; 93-63, eff. 6-30-03.)
(215 ILCS 106/25)
Sec. 25. Health benefits for children.
(a) The Department shall, subject to appropriation,
provide health benefits coverage to eligible children by:
(1) Subsidizing the cost of privately sponsored health
insurance, including employer based health insurance, to
assist families to take advantage of available privately
sponsored health insurance for their eligible children,
however, no such subsidy shall be available from October 1,
2009 to September 30, 2010; and
(2) Purchasing or providing health care benefits for
eligible children. The health benefits provided under this
subdivision (a)(2) shall, subject to appropriation and
without regard to any applicable cost sharing under Section
30, be identical to the benefits provided for children
under the State's approved plan under Title XIX of the

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Social Security Act. Providers under this subdivision
(a)(2) shall be subject to approval by the Department to
provide health care under the Illinois Public Aid Code and
shall be reimbursed at the same rate as providers under the
State's approved plan under Title XIX of the Social
Security Act. In addition, providers may retain
co-payments when determined appropriate by the Department.
(b) The subsidization provided pursuant to subdivision
(a)(1) shall be credited to the family of the eligible child.
(c) The Department is prohibited from denying coverage to a
child who is enrolled in a privately sponsored health insurance
plan pursuant to subdivision (a)(1) because the plan does not
meet federal benchmarking standards or cost sharing and
contribution requirements. To be eligible for inclusion in the
Program, the plan shall contain comprehensive major medical
coverage which shall consist of physician and hospital
inpatient services. The Department is prohibited from denying
coverage to a child who is enrolled in a privately sponsored
health insurance plan pursuant to subdivision (a)(1) because
the plan offers benefits in addition to physician and hospital
inpatient services.
(d) The total dollar amount of subsidizing coverage per
child per month pursuant to subdivision (a)(1) shall be equal
to the average dollar payments, less premiums incurred, per
child per month pursuant to subdivision (a)(2). The Department
shall set this amount prospectively based upon the prior fiscal

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year's experience adjusted for incurred but not reported claims
and estimated increases or decreases in the cost of medical
care. Payments obligated before July 1, 1999, will be computed
using State Fiscal Year 1996 payments for children eligible for
Medical Assistance and income assistance under the Aid to
Families with Dependent Children Program, with appropriate
adjustments for cost and utilization changes through January 1,
1999. The Department is prohibited from providing a subsidy
pursuant to subdivision (a)(1) that is more than the
individual's monthly portion of the premium.
(e) An eligible child may obtain immediate coverage under
this Program only once during a medical visit. If coverage
lapses, re-enrollment shall be completed in advance of the next
covered medical visit and the first month's required premium
shall be paid in advance of any covered medical visit.
(f) In order to accelerate and facilitate the development
of networks to deliver services to children in areas outside
counties with populations in excess of 3,000,000, in the event
less than 25% of the eligible children in a county or
contiguous counties has enrolled with a Health Maintenance
Organization pursuant to Section 5-11 of the Illinois Public
Aid Code, the Department may develop and implement
demonstration projects to create alternative networks designed
to enhance enrollment and participation in the program. The
Department shall prescribe by rule the criteria, standards, and
procedures for effecting demonstration projects under this

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Section.
(Source: P.A. 90-736, eff. 8-12-98.)
Section 65. The Covering ALL KIDS Health Insurance Act is
amended by changing Sections 15 and 35 as follows:
(215 ILCS 170/15)
(Section scheduled to be repealed on July 1, 2011)
Sec. 15. Operation of Program.
(a) The Covering ALL KIDS Health Insurance Program is
created. The Program shall be administered by the Department of
Healthcare and Family Services.
(b) The Department shall not administer this program from
October 1, 2009 through September 30, 2010. The Department
shall terminate eligibility for all persons enrolled under this
Section no later than September 30, 2009. The Department is
authorized to accept and process applications for benefits
before October 1, 2010, provided that no benefits shall be
available until October 1, 2010.
(c) The Department shall have the same powers and authority
to administer the Program as are provided to the Department in
connection with the Department's administration of the
Illinois Public Aid Code and the Children's Health Insurance
Program Act. The Department shall coordinate the Program with
the existing children's health programs operated by the
Department and other State agencies.

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(Source: P.A. 94-693, eff. 7-1-06.)
(215 ILCS 170/35)
(Section scheduled to be repealed on July 1, 2011)
Sec. 35. Health care benefits for children.
(a) The Department shall purchase or provide health care
benefits for eligible children that are identical to the
benefits provided for children under the Illinois Children's
Health Insurance Program Act, except for non-emergency
transportation.
(b) As an alternative to the benefits set forth in
subsection (a), and when cost-effective, the Department may
offer families subsidies toward the cost of privately sponsored
health insurance, including employer-sponsored health
insurance. However, no such subsidy shall be available from
October 1, 2009 to September 30, 2010.
(c) Notwithstanding clause (i) of subdivision (a)(3) of
Section 20, the Department may consider offering, as an
alternative to the benefits set forth in subsection (a),
partial coverage to children who are enrolled in a
high-deductible private health insurance plan.
(d) Notwithstanding clause (i) of subdivision (a)(3) of
Section 20, the Department may consider offering, as an
alternative to the benefits set forth in subsection (a), a
limited package of benefits to children in families who have
private or employer-sponsored health insurance that does not

HB4592 - 117 - LRB096 13381 DRJ 28099 b
cover certain benefits such as dental or vision benefits.
(e) The content and availability of benefits described in
subsections (b), (c), and (d), and the terms of eligibility for
those benefits, shall be at the Department's discretion and the
Department's determination of efficacy and cost-effectiveness
as a means of promoting retention of private or
employer-sponsored health insurance.
(Source: P.A. 94-693, eff. 7-1-06.)
Section 70. The Child Care Act of 1969 is amended by
changing Sections 3, 5, 6, 7.3, 9, 9.1a, 9.2, and 11 as
follows:
(225 ILCS 10/3) (from Ch. 23, par. 2213)
Sec. 3. (a) The responsibilities designated for the
Department under this Section are subject to appropriation. No
person, group of persons or corporation may operate or conduct
any facility for child care, as defined in this Act, without a
license or permit issued by the Department or without being
approved by the Department as meeting the standards established
for such licensing, with the exception of facilities for whom
standards are established by the Department of Corrections
under Section 3-15-2 of the Unified Code of Corrections and
with the exception of facilities defined in Section 2.10 of
this Act, and with the exception of programs or facilities
licensed by the Department of Human Services under the

HB4592 - 118 - LRB096 13381 DRJ 28099 b
Alcoholism and Other Drug Abuse and Dependency Act.
(b) No part day child care facility as described in Section
2.10 may operate without written notification to the Department
or without complying with Section 7.1. Notification shall
include a notarized statement by the facility that the facility
complies with state or local health standards and state fire
safety standards, and shall be filed with the department every
2 years.
(c) The Director of the Department shall establish policies
and coordinate activities relating to child care licensing,
licensing of day care homes and day care centers.
(d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
(Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) Subject to appropriation, in In respect to
child care institutions, maternity centers, child welfare
agencies, day care centers, day care agencies and group homes,
the Department, upon receiving application filed in proper
order, shall examine the facilities and persons responsible for
care of children therein.
(b) In respect to foster family and day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place

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children in foster care or by out-of-State agencies approved by
the Department to place children in this State. In respect to
day care homes, applications may be filed on behalf of such
homes by a licensed day care agency or licensed child welfare
agency. In applying for license in behalf of a home in which
children are placed by and remain under supervision of the
applicant agency, such agency shall certify that the home and
persons responsible for care of unrelated children therein, or
the home and relatives responsible for the care of related
children therein, were found to be in reasonable compliance
with standards prescribed by the Department for the type of
care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of day care centers, day care homes,
and group day care homes, licenses shall be issued in such form
and manner as prescribed by the Department and are valid for 4
years from the date issued, unless revoked by the Department or
voluntarily surrendered by the licensee. Licenses issued for
day care centers, day care homes, and group day care homes
shall be valid for 3 years from the date issued, unless revoked
by the Department or voluntarily surrendered by the licensee.
When a licensee has made timely and sufficient application for

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the renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall
continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department may further extend the period in which such decision
must be made in individual cases for up to 30 days, but such
extensions shall be only upon good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or day care
home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a child
care facility taking in children as a result of the temporary
closure for more than 2 weeks of a licensed child care facility
due to a natural disaster. An emergency permit under this
subsection shall be issued to a facility only if the persons
providing child care services at the facility were employees of
the temporarily closed day care center at the time it was
closed. No investigation of an employee of a child care
facility receiving an emergency permit under this subsection
shall be required if that employee has previously been
investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child

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care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Day care centers, day care homes, and group day care
homes shall be monitored at least annually by a licensing
representative from the Department or the agency that
recommended licensure.
(Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95; 89-626,
eff. 8-9-96.)
(225 ILCS 10/6) (from Ch. 23, par. 2216)
Sec. 6. (a) A licensed facility operating as a "child care
institution", "maternity center", "child welfare agency", "day
care agency" or "day care center" must apply for renewal of its
license held, the application to be made to the Department on
forms prescribed by it.
(b) Subject to appropriation, the The Department, a duly
licensed child welfare agency or a suitable agency or person
designated by the Department as its agent to do so, must
re-examine every child care facility for renewal of license,
including in that process the examination of the premises and
records of the facility as the Department considers necessary
to determine that minimum standards for licensing continue to
be met, and random surveys of parents or legal guardians who
are consumers of such facilities' services to assess the

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quality of care at such facilities. In the case of foster
family homes, or day care homes under the supervision of or
otherwise required to be licensed by the Department, or under
supervision of a licensed child welfare agency or day care
agency, the examination shall be made by the Department, or
agency supervising such homes. If the Department is satisfied
that the facility continues to maintain minimum standards which
it prescribes and publishes, it shall renew the license to
operate the facility.
(c) If a child care facility's license is revoked, or if
the Department refuses to renew a facility's license, the
facility may not reapply for a license before the expiration of
12 months following the Department's action; provided,
however, that the denial of a reapplication for a license
pursuant to this subsection must be supported by evidence that
the prior revocation renders the applicant unqualified or
incapable of satisfying the standards and rules promulgated by
the Department pursuant to this Act or maintaining a facility
which adheres to such standards and rules.
(Source: P.A. 86-554.)
(225 ILCS 10/7.3)
Sec. 7.3. Children placed by private child welfare agency.
(a) Before placing a child who is a ward of the Department
in a foster family home, a private child welfare agency must
ascertain (i) whether any other children who are wards of the

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Department have been placed in that home and (ii) whether every
such child who has been placed in that home continues to reside
in that home, unless the child has been transferred to another
placement or is no longer a ward of the Department. The agency
must keep a record of every other child welfare agency that has
placed such a child in that foster family home; the record must
include the name and telephone number of a contact person at
each such agency.
(b) At least once every 30 days, a private child welfare
agency that places wards of the Department in foster family
homes must make a site visit to every such home where it has
placed a ward. The purpose of the site visit is to verify that
the child continues to reside in that home and to verify the
child's safety and well-being. The agency must document the
verification in its records. If a private child welfare agency
fails to comply with the requirements of this subsection, the
Department must suspend all payments to the agency until the
agency complies.
(c) The Department must use best efforts to periodically
(but no less often than once every 6 months) review the child
placement records of each private child welfare agency that
places wards of the Department.
(d) If a child placed in a foster family home is missing,
the foster parent must promptly report that fact to the
Department or to the child welfare agency that placed the child
in the home. If the foster parent fails to make such a report,

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the Department shall put the home on hold for the placement of
other children and initiate corrective action that may include
revocation of the foster parent's license to operate the foster
family home. A foster parent who knowingly and willfully fails
to report a missing foster child under this subsection is
guilty of a Class A misdemeanor.
(e) If a private child welfare agency determines that a
ward of the Department whom it has placed in a foster family
home no longer resides in that home, the agency must promptly
report that fact to the Department. If the agency fails to make
such a report, the Department shall put the agency on hold for
the placement of other children and initiate corrective action
that may include revocation of the agency's license.
(f) When a child is missing from a foster home, the
Department or private agency in charge of case management shall
report regularly to the foster parent concerning efforts to
locate the missing child.
(g) The Department must use its best available resources
strive to account for the status and whereabouts of every one
of its wards who it determines is not residing in the
authorized placement in which he or she was placed.
(Source: P.A. 93-343, eff. 7-24-03.)
(225 ILCS 10/9) (from Ch. 23, par. 2219)
Sec. 9. Prior to revocation or refusal to renew a license,
the Department shall notify the licensee by regular mail

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registered mail with postage prepaid, at the address specified
on the license, or at the address of the ranking or presiding
officer of a board of directors, or any equivalent body
conducting a child care facility, of the contemplated action
and that the licensee may, within 10 days of such notification,
dating from the postmark of the registered mail, request in
writing a public hearing before the Department, and, at the
same time, may request a written statement of charges from the
Department.
(a) Upon written request by the licensee, the Department
shall furnish such written statement of charges, and, at the
same time, shall set the date and place for the hearing. The
charges and notice of the hearing shall be delivered by
registered mail with postage prepaid, and the hearing must be
held within 30 days, dating from the date of the postmark of
the registered mail, except that notification must be made at
least 15 days in advance of the date set for the hearing.
(b) If no request for a hearing is made within 10 days
after notification, or if the Department determines, upon
holding a hearing that the license should be revoked or renewal
denied, then the license shall be revoked or renewal denied.
(c) Upon the hearing of proceedings in which the license is
revoked, renewal of license is refused or full license is
denied, the Director of the Department, or any officer or
employee duly authorized by him in writing, may administer
oaths and the Department may procure, by its subpoena, the

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attendance of witnesses and the production of relevant books
and papers.
(d) At the time and place designated, the Director of the
Department or the officer or employee authorized by him in
writing, shall hear the charges, and both the Department and
the licensee shall be allowed to present in person or by
counsel such statements, testimony and evidence as may be
pertinent to the charges or to the defense thereto. The hearing
officer may continue such hearing from time to time, but not to
exceed a single period of 30 days, unless special extenuating
circumstances make further continuance feasible.
(Source: P.A. 83-1362.)
(225 ILCS 10/9.1a)
Sec. 9.1a. Complaint registry.
(a) Subject to appropriation, the The Department may shall
establish a complaint registry to assist in the monitoring of
licensed child welfare agencies providing adoption services,
which shall record and track the resolution and disposition of
substantiated licensing violations.
(b) Subject to appropriation, the The Department may shall
establish and maintain a statewide toll-free telephone number
and post information on its website where the public can access
information contained in the complaint registry, as it pertains
to the past history and record of any licensed child welfare
agency providing adoption services. This information shall

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include, but shall not be limited to, Department substantiated
licensing violations against a child welfare agency providing
adoption services and Department findings of any license
violations against a child welfare agency providing adoption
services.
(c) Information disclosed in accordance with this Section
shall be subject to the applicable confidentiality
requirements of this Act and the Adoption Act.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/9.2)
Sec. 9.2. Toll free number; day care information. Subject
to appropriation, the The Department of Children and Family
Services may shall establish and maintain a statewide toll-free
telephone number that all persons may use to inquire about the
past history and record of a day care facility operating in
this State. The past history and record shall include, but
shall not be limited to, Department substantiated complaints
against a day care facility and Department staff findings of
license violations by a day care facility. Information
disclosed in accordance with this Section shall be subject to
the confidentiality requirements provided in this Act.
(Source: P.A. 90-671, eff. 1-1-99.)
(225 ILCS 10/11) (from Ch. 23, par. 2221)
Sec. 11. Whenever the Department is advised, or has reason

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to believe, that any person, group of persons or corporation is
operating a child welfare agency or a child care facility
without a license or permit, the Department shall report the
matter it shall make an investigation to ascertain the facts.
If the Department is denied access, it shall request
intervention of local, county or State law enforcement agencies
to seek an appropriate court order or warrant to examine the
premises. A person or entity preventing the Department from
carrying out its duties under this Section shall be guilty of a
violation of this Act and shall be subject to such penalties
related thereto. If it finds that the child welfare agency or
child care facility is being, or has been operated without a
license or permit, it shall report the results of its
investigation to the Attorney General, and to the appropriate
State's Attorney for investigation and, if appropriate,
prosecution.
Operating a child welfare agency or child care facility
without a license constitutes a Class A misdemeanor, followed
by a business offense, if the operator continues to operate the
facility and no effort is made to obtain a license. The
business offense fine shall not exceed $10,000 and each day of
a violation is a separate offense.
(Source: P.A. 94-586, eff. 8-15-05.)
Section 75. The Illinois Plumbing License Law is amended by
adding Section 44 as follows:

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(225 ILCS 320/44 new)
Sec. 44. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Law are hereby suspended during the
period July 1, 2009, through June 30, 2010.
Section 80. The Water Well and Pump Installation
Contractor's License Act is amended by adding Section 30 as
follows:
(225 ILCS 345/30 new)
Sec. 30. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Act are hereby suspended during the
period July 1, 2009, through June 30, 2010.
Section 85. The Illinois Public Aid Code is amended by
changing Sections 3-8, 4-10, 5-2, 5-12, 5-17, 6-6, 6-11, 9A-11,
and 12-4.11 as follows:
(305 ILCS 5/3-8) (from Ch. 23, par. 3-8)
Sec. 3-8. Funeral and burial. If the estate of a deceased
recipient is insufficient to pay for funeral and burial

HB4592 - 130 - LRB096 13381 DRJ 28099 b
expenses, and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, subject to appropriation and in
accordance with the standards, rules and regulations of the
Illinois Department, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges, or to reimburse any person not financially
responsible for the deceased who has voluntarily made
expenditures for such costs.
(Source: P.A. 90-372, eff. 7-1-98.)
(305 ILCS 5/4-10) (from Ch. 23, par. 4-10)
Sec. 4-10. Funeral and burial. If the estate of a deceased
recipient is insufficient to pay for funeral and burial
expenses, and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, subject to appropriation and in
accordance with the standards, rules and regulations of the
Illinois Department, such reasonable amounts as may be
necessary to meet costs of the funeral, burial space, and
cemetery charges or to reimburse any person not financially
responsible for the deceased who has voluntarily made
expenditures for such costs.
(Source: P.A. 90-372, eff. 7-1-98.)
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)

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Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Persons otherwise eligible for basic maintenance
under Articles III and IV but who fail to qualify
thereunder on the basis of need, and who have insufficient
income and resources to meet the costs of necessary medical
care, including but not limited to the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined by the federal Office of
Management and Budget and revised annually in

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accordance with Section 673(2) of the Omnibus
Budget Reconciliation Act of 1981, applicable to
families of the same size; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 70% in
fiscal year 2001, equal to or less than 85% in
fiscal year 2002 and until a date to be determined
by the Department by rule, and equal to or less
than 100% beginning on the date determined by the
Department by rule, of the nonfarm income official
poverty line, as defined in item (i) of this
subparagraph (a).
(b) All persons who would be determined eligible
for such basic maintenance under Article IV by
disregarding the maximum earned income permitted by
federal law.
3. Persons who would otherwise qualify for Aid to the
Medically Indigent under Article VII.
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy, after the fact of
pregnancy has been determined by medical diagnosis, and

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during the 60-day period beginning on the last day of the
pregnancy, together with their infants and children born
after September 30, 1983, whose income and resources are
insufficient to meet the costs of necessary medical care to
the maximum extent possible under Title XIX of the Federal
Social Security Act.
(b) The Illinois Department and the Governor shall
provide a plan for coverage of the persons eligible under
paragraph 5(a) by April 1, 1990. Such plan shall provide
ambulatory prenatal care to pregnant women during a
presumptive eligibility period and establish an income
eligibility standard that is equal to 133% of the nonfarm
income official poverty line, as defined by the federal
Office of Management and Budget and revised annually in
accordance with Section 673(2) of the Omnibus Budget
Reconciliation Act of 1981, applicable to families of the
same size, provided that costs incurred for medical care
are not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois

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Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. Persons under the age of 18 who fail to qualify as
dependent under Article IV and who have insufficient income
and resources to meet the costs of necessary medical care
to the maximum extent permitted under Title XIX of the
Federal Social Security Act.
7. Persons who are under 21 years of age and would
qualify as disabled as defined under the Federal
Supplemental Security Income Program, provided medical
service for such persons would be eligible for Federal
Financial Participation, and provided the Illinois
Department determines that:
(a) the person requires a level of care provided by
a hospital, skilled nursing facility, or intermediate
care facility, as determined by a physician licensed to
practice medicine in all its branches;
(b) it is appropriate to provide such care outside
of an institution, as determined by a physician
licensed to practice medicine in all its branches;
(c) the estimated amount which would be expended
for care outside the institution is not greater than
the estimated amount which would be expended in an

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institution.
8. Persons who become ineligible for basic maintenance
assistance under Article IV of this Code in programs
administered by the Illinois Department due to employment
earnings and persons under the age of 19 in assistance
units comprised of adults and children who become
ineligible for basic maintenance assistance under Article
VI of this Code due to employment earnings. The plan for
coverage for this class of persons shall:
(a) extend the medical assistance coverage for up
to 12 months following termination of basic
maintenance assistance; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered while the person was eligible for basic
maintenance assistance;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this

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coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
provided by the Illinois Department by rule. In
establishing eligibility standards under this paragraph
11, the Department shall, subject to federal approval:
(a) set the income eligibility standard at not

HB4592 - 137 - LRB096 13381 DRJ 28099 b
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and

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(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the
effective date of this amendatory Act of the 92nd General
Assembly.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a

HB4592 - 139 - LRB096 13381 DRJ 28099 b
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) A caretaker relative who is 19 years of age or
older when countable income is at or below 185% of the
Federal Poverty Level Guidelines, as published
annually in the Federal Register, for the appropriate
family size. A person may not spend down to become
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) Caretaker relatives enrolled under this
paragraph 15 in families with countable income above
150% and at or below 185% of the Federal Poverty Level
Guidelines shall be counted as family members and pay
premiums as established under the Children's Health
Insurance Program Act.

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(d) Premiums shall be billed by and payable to the
Department or its authorized agent, on a monthly basis.
(e) The premium due date is the last day of the
month preceding the month of coverage.
(f) Individuals shall have a grace period through
the month of coverage to pay the premium.
(g) Failure to pay the full monthly premium by the
last day of the grace period shall result in
termination of coverage.
(h) Partial premium payments shall not be
refunded.
(i) Following termination of an individual's
coverage under this paragraph 15, the following action
is required before the individual can be re-enrolled:
(1) A new application must be completed and the
individual must be determined otherwise eligible.
(2) There must be full payment of premiums due
under this Code, the Children's Health Insurance
Program Act, the Covering ALL KIDS Health
Insurance Act, or any other healthcare program
administered by the Department for periods in
which a premium was owed and not paid for the
individual.
(3) The first month's premium must be paid if
there was an unpaid premium on the date the
individual's previous coverage was canceled.

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The Department is authorized to implement the
provisions of this amendatory Act of the 95th General
Assembly by adopting the medical assistance rules in effect
as of October 1, 2007, at 89 Ill. Admin. Code 125, along
with only those changes necessary to conform to federal
Medicaid requirements. The Department may not otherwise
adopt any rule to implement this increase except as
authorized by law, to meet the eligibility standards
authorized by the federal government in the Medicaid State
Plan or the Title XXI Plan, or to meet an order from the
federal government or any court.
The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the

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amount of assets of a married couple to be disregarded shall
not be less than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
(Source: P.A. 94-629, eff. 1-1-06; 94-1043, eff. 7-24-06;
95-546, eff. 8-29-07; 95-1055, eff. 4-10-09.)
(305 ILCS 5/5-12) (from Ch. 23, par. 5-12)
Sec. 5-12. Funeral and burial. Upon the death of a
recipient who qualified under class 2, 3 or 4 of Section 5-2,
if his estate is insufficient to pay his funeral and burial
expenses and if no other resources, including assistance from
legally responsible relatives, are available for such
purposes, there shall be paid, subject to appropriation and in
accordance with the standards, rules and regulations of the
Illinois Department of Human Services, such reasonable amounts
as may be necessary to meet the costs of the funeral, burial

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space, and cemetery charges, or to reimburse any person not
financially responsible for the deceased who has voluntarily
made expenditures for such costs.
(Source: P.A. 92-651, eff. 7-11-02.)
(305 ILCS 5/5-17) (from Ch. 23, par. 5-17)
Sec. 5-17. Programs to improve access to hospital care.
(a) (1) The General Assembly finds:
(A) That while hospitals have traditionally
provided charitable care to indigent patients, this
burden is not equally borne by all hospitals operating
in this State. Some hospitals continue to provide
significant amounts of care to low-income persons
while others provide very little such care; and
(B) That access to hospital care in this State by
the indigent citizens of Illinois would be seriously
impaired by the closing of hospitals that provide
significant amounts of care to low-income persons.
(2) To help expand the availability of hospital care
for all citizens of this State, it is the policy of the
State to implement programs that more equitably distribute
the burden of providing hospital care to Illinois'
low-income population and that improve access to health
care in Illinois.
(3) The Illinois Department may develop and implement a
program that lessens the burden of providing hospital care

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to Illinois' low-income population, taking into account
the costs that must be incurred by hospitals providing
significant amounts of care to low-income persons, and may
develop adjustments to increase rates to improve access to
health care in Illinois. The Illinois Department shall
prescribe by rule the criteria, standards and procedures
for effecting such adjustments in the rates of hospital
payments for services provided to eligible low-income
persons (under Articles V, VI and VII of this Code) under
this Article.
(b) The Illinois Department shall require hospitals
certified to participate in the federal Medicaid program to:
(1) provide equal access to available services to
low-income persons who are eligible for assistance under
Articles V, VI and VII of this Code;
(2) provide data and reports on the provision of
uncompensated care.
(c) From the effective date of this amendatory Act of 1992
until July 1, 1992, nothing in this Section 5-17 shall be
construed as creating a private right of action on behalf of
any individual.
(Source: P.A. 87-13; 87-838.)
(305 ILCS 5/6-6) (from Ch. 23, par. 6-6)
Sec. 6-6. Funeral and Burial.
If the estate of a deceased recipient is insufficient to

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pay for funeral and burial expenses and if no other resources
including assistance from legally responsible relatives or the
United States Veterans Administration, are available for such
purposes, there shall be paid, subject to appropriation and in
accordance with the standards, rules and regulations of the
Illinois Department, such amounts as may be necessary to meet
costs of the funeral, burial space, and cemetery charges, or to
reimburse any person not financially responsible for the
deceased who has voluntarily made expenditures for such costs.
(Source: P.A. 90-372, eff. 7-1-98.)
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. State funded General Assistance.
(a) Effective July 1, 1992, all State funded General
Assistance and related medical benefits shall be governed by
this Section. Other parts of this Code or other laws related to
General Assistance shall remain in effect to the extent they do
not conflict with the provisions of this Section. If any other
part of this Code or other laws of this State conflict with the
provisions of this Section, the provisions of this Section
shall control.
(b) State funded General Assistance shall consist of 2
separate programs. One program shall be for adults with no
children and shall be known as State Transitional Assistance.
The other program shall be for families with children and for
pregnant women and shall be known as State Family and Children

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Assistance.
(c) (1) To be eligible for State Transitional Assistance on
or after July 1, 1992, an individual must be ineligible for
assistance under any other Article of this Code, must be
determined chronically needy, and must be one of the following:
(A) age 18 or over or
(B) married and living with a spouse, regardless of
age.
(2) The Illinois Department or the local governmental unit
shall determine whether individuals are chronically needy as
follows:
(A) Individuals who have applied for Supplemental
Security Income (SSI) and are awaiting a decision on
eligibility for SSI who are determined disabled by the
Illinois Department using the SSI standard shall be
considered chronically needy, except that individuals
whose disability is based solely on substance addictions
(drug abuse and alcoholism) and whose disability would
cease were their addictions to end shall be eligible only
for medical assistance and shall not be eligible for cash
assistance under the State Transitional Assistance
program.
(B) If an individual has been denied SSI due to a
finding of "not disabled" (either at the Administrative Law
Judge level or above, or at a lower level if that
determination was not appealed), the Illinois Department

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shall adopt that finding and the individual shall not be
eligible for State Transitional Assistance or any related
medical benefits. Such an individual may not be determined
disabled by the Illinois Department for a period of 12
months, unless the individual shows that there has been a
substantial change in his or her medical condition or that
there has been a substantial change in other factors, such
as age or work experience, that might change the
determination of disability.
(C) The Illinois Department, by rule, may specify other
categories of individuals as chronically needy; nothing in
this Section, however, shall be deemed to require the
inclusion of any specific category other than as specified
in paragraphs (A) and (B).
(3) For individuals in State Transitional Assistance,
medical assistance shall be provided in an amount and nature
determined by the Department of Healthcare and Family Services
by rule. However, no such benefits shall be provided for
services rendered beginning October 1, 2009 through September
30, 2010. The Department is authorized to terminate enrollment
of any person who would otherwise have been enrolled for such
benefits effective October 1, 2009. The Department is
authorized to accept and process applications for benefits
before October 1, 2010, provided that no benefits shall be
available until October 1, 2010. The amount and nature of
medical assistance provided need not be the same as that

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provided under paragraph (4) of subsection (d) of this Section,
and nothing in this paragraph (3) shall be construed to require
the coverage of any particular medical service. In addition,
the amount and nature of medical assistance provided may be
different for different categories of individuals determined
chronically needy.
(4) The Illinois Department shall determine, by rule, those
assistance recipients under Article VI who shall be subject to
employment, training, or education programs including
Earnfare, the content of those programs, and the penalties for
failure to cooperate in those programs.
(5) The Illinois Department shall, by rule, establish
further eligibility requirements, including but not limited to
residence, need, and the level of payments.
(d) (1) To be eligible for State Family and Children
Assistance, a family unit must be ineligible for assistance
under any other Article of this Code and must contain a child
who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for State Family and
Children Assistance.
(2) The natural or adoptive parents of the child living in

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the same household may be eligible for State Family and
Children Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
State Family and Children Assistance program.
(4) The amount and nature of medical assistance provided
under the State Family and Children Assistance program shall be
determined by the Department of Healthcare and Family Services
by rule. However, no such benefits shall be provided for
services rendered beginning October 1, 2009 through September
30, 2010. The Department is authorized to terminate enrollment
of any person who would otherwise have been enrolled for such
benefits effective October 1, 2009. The Department is
authorized to accept and process applications for benefits
before October 1, 2010, provided that no benefits shall be
available until October 1, 2010. The amount and nature of
medical assistance provided need not be the same as that
provided under paragraph (3) of subsection (c) of this Section,
and nothing in this paragraph (4) shall be construed to require
the coverage of any particular medical service.
(5) The Illinois Department shall, by rule, establish
further eligibility requirements, including but not limited to
residence, need, and the level of payments.
(e) A local governmental unit that chooses to participate
in a General Assistance program under this Section shall
provide funding in accordance with Section 12-21.13 of this

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Act. Local governmental funds used to qualify for State funding
may only be expended for clients eligible for assistance under
this Section 6-11 and related administrative expenses.
(f) In order to qualify for State funding under this
Section, a local governmental unit shall be subject to the
supervision and the rules and regulations of the Illinois
Department.
(g) Notwithstanding any other provision in this Code, the
Illinois Department is authorized to reduce payment levels used
to determine cash grants provided to recipients of State
Transitional Assistance at any time within a Fiscal Year in
order to ensure that cash benefits for State Transitional
Assistance do not exceed the amounts appropriated for those
cash benefits. Changes in payment levels may be accomplished by
emergency rule under Section 5-45 of the Illinois
Administrative Procedure Act, except that the limitation on the
number of emergency rules that may be adopted in a 24-month
period shall not apply and the provisions of Sections 5-115 and
5-125 of the Illinois Administrative Procedure Act shall not
apply. This provision shall also be applicable to any reduction
in payment levels made upon implementation of this amendatory
Act of 1995.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child Care.

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(a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of day care. The General Assembly understands the
importance of helping low income working families become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working poor families should be treated
equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois Department
shall provide child care services to parents or other relatives
as defined by rule who are working or participating in
employment or Department approved education or training
programs. At a minimum, the Illinois Department shall cover the
following categories of families:
(1) recipients of TANF under Article IV participating
in work and training activities as specified in the
personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule; and
(5) working families with very low incomes as defined
by rule.
The Department shall specify by rule the conditions of

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eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below the
specified threshold eligible for assistance and families with
incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level for
each family size. Beginning in calendar year 2010, the
specified threshold shall be set by Department rule.
In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or give
preference to individuals based on their receipt of benefits
under this Code.
The Department shall allocate $7,500,000 annually for a
test program for families who are income-eligible for child
care assistance, who are not recipients of TANF under Article
IV, and who need child care assistance to participate in

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education and training activities. The Department shall
specify by rule the conditions of eligibility for this test
program.
Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
(c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable standards
of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention
and Safety requirements promulgated by the Office of the State
Fire Marshal and is provided in any of the following:

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(1) a child care center which is licensed or exempt
from licensure pursuant to Section 2.09 of the Child Care
Act of 1969;
(2) a licensed child care home or home exempt from
licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home as
the child, as determined by the Illinois Department by
rule.
(c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of the effective date of this amendatory Act of the 94th
General Assembly, but not before. The State shall engage in
collective bargaining with an exclusive representative of
child and day care home providers participating in the child
care assistance program concerning their terms and conditions
of employment that are within the State's control. Nothing in
this subsection shall be understood to limit the right of
families receiving services defined in this Section to select
child and day care home providers or supervise them within the
limits of this Section. The State shall not be considered to be

HB4592 - 155 - LRB096 13381 DRJ 28099 b
the employer of child and day care home providers for any
purposes not specifically provided in this amendatory Act of
the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws be
fully available to the extent that their activities are
authorized by this amendatory Act of the 94th General Assembly.
(d) The Illinois Department shall, by rule, require
co-payments for child care services by any parent, including
parents whose only income is from assistance under this Code.
The co-payment shall be assessed based on a sliding scale based
on family income, family size, and the number of children in
care. Co-payments shall not be increased due solely to a change
in the methodology for counting family income.
(d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,
2008, and shall include:
(1) findings as to the percentage of income that the

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average American family spends on child care and the
relative amounts that low-income families and the average
American family spend on other necessities of life;
(2) recommendations for revising the child care
co-payment scale to assure that families receiving child
care services from the Department are paying no more than
they can reasonably afford;
(3) recommendations for revising the child care
co-payment scale to provide at-risk children with complete
access to Preschool for All and Head Start; and
(4) recommendations for changes in child care program
policies that affect the affordability of child care.
(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to be
paid for the various types of child care. Child care may be
provided through one of the following methods:
(1) arranging the child care through eligible
providers by use of purchase of service contracts or
vouchers;
(2) arranging with other agencies and community
volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.
(f-5) (Blank).
(g) Families eligible for assistance under this Section

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shall be given the following options:
(1) receiving a child care certificate issued by the
Department or a subcontractor of the Department that may be
used by the parents as payment for child care and
development services only; or
(2) if space is available, enrolling the child with a
child care provider that has a purchase of service contract
with the Department or a subcontractor of the Department
for the provision of child care and development services.
The Department may identify particular priority
populations for whom they may request special
consideration by a provider with purchase of service
contracts, provided that the providers shall be permitted
to maintain a balance of clients in terms of household
incomes and families and children with special needs, as
defined by rule.
(Source: P.A. 94-320, eff. 1-1-06; 95-206, eff. 8-16-07;
95-322, eff. 1-1-08; 95-876, eff. 8-21-08.)
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
Sec. 12-4.11. Grant amounts. The Department, with due
regard for and subject to budgetary limitations, shall
establish grant amounts for each of the programs, by
regulation. The grant amounts may vary by program, size of
assistance unit and geographic area.
Aid payments shall not be reduced except: (1) for changes

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in the cost of items included in the grant amounts, or (2) for
changes in the expenses of the recipient, or (3) for changes in
the income or resources available to the recipient, or (4) for
changes in grants resulting from adoption of a consolidated
grant amount. Beginning July 1, 2008, the Department of Human
Services shall increase TANF grant amounts in effect on June
30, 2008 by 9%.
Subject to appropriation, beginning on July 1, 2008, the
Department of Human Services shall increase TANF grant amounts
in effect on June 30, 2008 by 15%. The Department is authorized
to administer this increase but may not otherwise adopt any
rule to implement this increase.
In fixing standards to govern payments or reimbursements
for funeral and burial expenses, the Department shall
establish, subject to appropriation, a minimum allowable
amount of not less than $1,000 for Department payment of
funeral services and not less than $500 for Department payment
of burial or cremation services. On January 1, 2006, July 1,
2006, and July 1, 2007, the Department shall increase the
minimum reimbursement amount for funeral and burial expenses
under this Section by a percentage equal to the percentage
increase in the Consumer Price Index for All Urban Consumers,
if any, during the 12 months immediately preceding that January
1 or July 1. In establishing the minimum allowable amount, the
Department shall take into account the services essential to a
dignified, low-cost (i) funeral and (ii) burial or cremation,

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including reasonable amounts that may be necessary for burial
space and cemetery charges, and any applicable taxes or other
required governmental fees or charges. If no person has agreed
to pay the total cost of the (i) funeral and (ii) burial or
cremation charges, the Department shall pay the vendor the
actual costs of the (i) funeral and (ii) burial or cremation,
or the minimum allowable amount for each service as established
by the Department, whichever is less, provided that the
Department reduces its payments by the amount available from
the following sources: the decedent's assets and available
resources and the anticipated amounts of any death benefits
available to the decedent's estate, and amounts paid and
arranged to be paid by the decedent's legally responsible
relatives. A legally responsible relative is expected to pay
(i) funeral and (ii) burial or cremation expenses unless
financially unable to do so.
Nothing contained in this Section or in any other Section
of this Code shall be construed to prohibit the Illinois
Department (1) from consolidating existing standards on the
basis of any standards which are or were in effect on, or
subsequent to July 1, 1969, or (2) from employing any
consolidated standards in determining need for public aid and
the amount of money payment or grant for individual recipients
or recipient families.
(Source: P.A. 94-669, eff. 8-23-05; 95-744, eff. 7-18-08;
95-1055, eff. 4-10-09; revised 4-14-09.)

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(305 ILCS 5/6-5 rep.)
Section 90. The Illinois Public Aid Code is amended by
repealing Section 6-5.
Section 95. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Sections 4, 6, and 7 as follows:
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
disabled person whose annual household income is less than the
income eligibility limitation, as defined in subsection (a-5)
and whose household is liable for payment of property taxes
accrued or has paid rent constituting property taxes accrued
and is domiciled in this State at the time he or she files his
or her claim is entitled to claim a grant under this Act. With

HB4592 - 161 - LRB096 13381 DRJ 28099 b
respect to claims filed by individuals who will become 65 years
old during the calendar year in which a claim is filed, the
amount of any grant to which that household is entitled shall
be an amount equal to 1/12 of the amount to which the claimant
would otherwise be entitled as provided in this Section,
multiplied by the number of months in which the claimant was 65
in the calendar year in which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this
Section, "income eligibility limitation" means an amount:
(i) for grant years before the 1998 grant year, less
than $14,000;
(ii) for the 1998 and 1999 grant year, less than
$16,000;
(iii) for grant years 2000 through 2007:
(A) less than $21,218 for a household containing
one person;
(B) less than $28,480 for a household containing 2
persons; or
(C) less than $35,740 for a household containing 3
or more persons; or
(iv) for grant years 2008 and thereafter:
(A) less than $22,218 for a household containing
one person;
(B) less than $29,480 for a household containing 2
persons; or
(C) less than $36,740 for a household containing 3

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or more persons.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, and subject to the
availability of sufficient funds, the maximum amount of grant
which a claimant is entitled to claim is the amount by which
the property taxes accrued which were paid or payable during
the last preceding tax year or rent constituting property taxes
accrued upon the claimant's residence for the last preceding
taxable year exceeds 3 1/2% of the claimant's household income
for that year but in no event is the grant to exceed (i) $700
less 4.5% of household income for that year for those with a
household income of $14,000 or less or (ii) $70 if household
income for that year is more than $14,000.
(c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in
subsection (a), and subject to the availability of sufficient
funds, shall be the product of (1) the maximum amount computed
as specified in subsection (b) of this Section and (2) the

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ratio of the number of months in which household income did not
include such cash assistance over $55 to the number twelve. If
household income did not include such cash assistance over $55
for any months during the year, the amount of the grant to
which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not
include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually
occupied during that month.
(f) There is hereby established a program of pharmaceutical

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assistance to the aged and disabled which shall be administered
by the Department in accordance with this Act, to consist of
payments to authorized pharmacies, on behalf of beneficiaries
of the program, for the reasonable costs of covered
prescription drugs. Each beneficiary who pays $5 for an
identification card shall pay no additional prescription
costs. Each beneficiary who pays $25 for an identification card
shall pay $3 per prescription. In addition, after a beneficiary
receives $2,000 in benefits during a State fiscal year, that
beneficiary shall also be charged 20% of the cost of each
prescription for which payments are made by the program during
the remainder of the fiscal year. To become a beneficiary under
this program a person must: (1) be (i) 65 years of age or
older, or (ii) the surviving spouse of such a claimant, who at
the time of death received or was entitled to receive benefits
pursuant to this subsection, which surviving spouse will become
65 years of age within the 24 months immediately following the
death of such claimant and which surviving spouse but for his
or her age is otherwise qualified to receive benefits pursuant
to this subsection, or (iii) disabled, and (2) be domiciled in
this State at the time he or she files his or her claim, and (3)
have a maximum household income of less than the income
eligibility limitation, as defined in subsection (a-5). In
addition, each eligible person must (1) obtain an
identification card from the Department, (2) at the time the
card is obtained, sign a statement assigning to the State of

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Illinois benefits which may be otherwise claimed under any
private insurance plans, and (3) present the identification
card to the dispensing pharmacist.
The Department may adopt rules specifying participation
requirements for the pharmaceutical assistance program,
including copayment amounts, identification card fees,
expenditure limits, and the benefit threshold after which a 20%
charge is imposed on the cost of each prescription, to be in
effect on and after July 1, 2004. Notwithstanding any other
provision of this paragraph, however, the Department may not
increase the identification card fee above the amount in effect
on May 1, 2003 without the express consent of the General
Assembly. To the extent practicable, those requirements shall
be commensurate with the requirements provided in rules adopted
by the Department of Healthcare and Family Services to
implement the pharmacy assistance program under Section
5-5.12a of the Illinois Public Aid Code.
Whenever a generic equivalent for a covered prescription
drug is available, the Department shall reimburse only for the
reasonable costs of the generic equivalent, less the co-pay
established in this Section, unless (i) the covered
prescription drug contains one or more ingredients defined as a
narrow therapeutic index drug at 21 CFR 320.33, (ii) the
prescriber indicates on the face of the prescription "brand
medically necessary", and (iii) the prescriber specifies that a
substitution is not permitted. When issuing an oral

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prescription for covered prescription medication described in
item (i) of this paragraph, the prescriber shall stipulate
"brand medically necessary" and that a substitution is not
permitted. If the covered prescription drug and its authorizing
prescription do not meet the criteria listed above, the
beneficiary may purchase the non-generic equivalent of the
covered prescription drug by paying the difference between the
generic cost and the non-generic cost plus the beneficiary
co-pay.
Any person otherwise eligible for pharmaceutical
assistance under this Act whose covered drugs are covered by
any public program for assistance in purchasing any covered
prescription drugs shall be ineligible for assistance under
this Act to the extent such costs are covered by such other
plan.
The fee to be charged by the Department for the
identification card shall be equal to $5 per coverage year for
persons below the official poverty line as defined by the
United States Department of Health and Human Services and $25
per coverage year for all other persons.
In the event that 2 or more persons are eligible for any
benefit under this Act, and are members of the same household,
(1) each such person shall be entitled to participate in the
pharmaceutical assistance program, provided that he or she
meets all other requirements imposed by this subsection and (2)
each participating household member contributes the fee

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required for that person by the preceding paragraph for the
purpose of obtaining an identification card.
The provisions of this subsection (f), other than this
paragraph, are inoperative after December 31, 2005.
Beneficiaries who received benefits under the program
established by this subsection (f) are not entitled, at the
termination of the program, to any refund of the identification
card fee paid under this subsection.
(g) Effective January 1, 2006, there is hereby established
a program of pharmaceutical assistance to the aged and
disabled, entitled the Illinois Seniors and Disabled Drug
Coverage Program, which shall be administered by the Department
of Healthcare and Family Services and the Department on Aging
in accordance with this subsection, to consist of coverage of
specified prescription drugs on behalf of beneficiaries of the
program as set forth in this subsection. The program under this
subsection replaces and supersedes the program established
under subsection (f), which shall end at midnight on December
31, 2005.
To become a beneficiary under the program established under
this subsection, a person must:
(1) be (i) 65 years of age or older or (ii) disabled;
and
(2) be domiciled in this State; and
(3) enroll with a qualified Medicare Part D
Prescription Drug Plan if eligible and apply for all

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available subsidies under Medicare Part D; and
(4) have a maximum household income of (i) less than
$21,218 for a household containing one person, (ii) less
than $28,480 for a household containing 2 persons, or (iii)
less than $35,740 for a household containing 3 or more
persons. If any income eligibility limit set forth in items
(i) through (iii) is less than 200% of the Federal Poverty
Level for any year, the income eligibility limit for that
year for households of that size shall be income equal to
or less than 200% of the Federal Poverty Level.
All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that they have not reached the age of 65.
To the extent permitted by federal law, the Department may
act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription

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Drug Plan if the beneficiary has failed to choose a plan and,
where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
Beneficiaries under the program established under this
subsection shall be divided into the following 5 eligibility
groups:
(A) Eligibility Group 1 shall consist of beneficiaries
who are not eligible for Medicare Part D coverage and who
are:
(i) disabled and under age 65; or
(ii) age 65 or older, with incomes over 200% of the
Federal Poverty Level; or
(iii) age 65 or older, with incomes at or below
200% of the Federal Poverty Level and not eligible for
federally funded means-tested benefits due to
immigration status.
(B) Eligibility Group 2 shall consist of beneficiaries
otherwise described in Eligibility Group 1 but who are
eligible for Medicare Part D coverage.
(C) Eligibility Group 3 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are eligible for Medicare Part D coverage.
(D) Eligibility Group 4 shall consist of beneficiaries

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age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration
status and are not eligible for Medicare Part D coverage.
If the State applies and receives federal approval for
a waiver under Title XIX of the Social Security Act,
persons in Eligibility Group 4 shall continue to receive
benefits through the approved waiver, and Eligibility
Group 4 may be expanded to include disabled persons under
age 65 with incomes under 200% of the Federal Poverty Level
who are not eligible for Medicare and who are not barred
from receiving federally funded means-tested benefits due
to immigration status.
(E) On and after January 1, 2007, Eligibility Group 5
shall consist of beneficiaries who are otherwise described
in Eligibility Groups 2 and 3 who have a diagnosis of HIV
or AIDS.
Except during the period October 1, 2009 through December
31, 2010, the The program established under this subsection
shall cover the cost of covered prescription drugs in excess of
the beneficiary cost-sharing amounts set forth in this
paragraph that are not covered by Medicare. In 2006,
beneficiaries shall pay a co-payment of $2 for each
prescription of a generic drug and $5 for each prescription of
a brand-name drug. In future years, beneficiaries shall pay
co-payments equal to the co-payments required under Medicare

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Part D for "other low-income subsidy eligible individuals"
pursuant to 42 CFR 423.782(b). For individuals in Eligibility
Groups 1, 2, 3, and 4, once the program established under this
subsection and Medicare combined have paid $1,750 in a year for
covered prescription drugs, the beneficiary shall pay 20% of
the cost of each prescription in addition to the co-payments
set forth in this paragraph. For individuals in Eligibility
Group 5, once the program established under this subsection and
Medicare combined have paid $1,750 in a year for covered
prescription drugs, the beneficiary shall pay 20% of the cost
of each prescription in addition to the co-payments set forth
in this paragraph unless the drug is included in the formulary
of the Illinois AIDS Drug Assistance Program operated by the
Illinois Department of Public Health. If the drug is included
in the formulary of the Illinois AIDS Drug Assistance Program,
individuals in Eligibility Group 5 shall continue to pay the
co-payments set forth in this paragraph after the program
established under this subsection and Medicare combined have
paid $1,750 in a year for covered prescription drugs.
During the period October 1, 2009 through December 31,
2010, for beneficiaries eligible for Medicare Part D, the
program established under this subsection shall cover the cost
of covered prescription drugs, during the Medicare Part D
deductible period and the Medicare Part D Coverage Gap, which
are in excess of the beneficiary cost-sharing amounts charged
under the Medicare Part D plan during the Medicare Part D

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Initial Coverage Period. For beneficiaries not eligible for
Medicare, beneficiaries shall pay 25% of the cost of each
prescription.
Except during the period October 1, 2009 through December
31, 2010, for For beneficiaries eligible for Medicare Part D
coverage, the program established under this subsection shall
pay 100% of the premiums charged by a qualified Medicare Part D
Prescription Drug Plan for Medicare Part D basic prescription
drug coverage, not including any late enrollment penalties.
Qualified Medicare Part D Prescription Drug Plans may be
limited by the Department of Healthcare and Family Services to
those plans that sign a coordination agreement with the
Department. During the period October 1, 2009 through December
31, 2010, there shall be no coverage of Medicare Part D
premiums.
Notwithstanding Section 3.15, for purposes of the program
established under this subsection, the term "covered
prescription drug" has the following meanings:
For Eligibility Group 1, "covered prescription drug"
means: (1) any cardiovascular agent or drug; (2) any
insulin or other prescription drug used in the treatment of
diabetes, including syringe and needles used to administer
the insulin; (3) any prescription drug used in the
treatment of arthritis; (4) any prescription drug used in
the treatment of cancer; (5) any prescription drug used in
the treatment of Alzheimer's disease; (6) any prescription

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drug used in the treatment of Parkinson's disease; (7) any
prescription drug used in the treatment of glaucoma; (8)
any prescription drug used in the treatment of lung disease
and smoking-related illnesses; (9) any prescription drug
used in the treatment of osteoporosis; and (10) any
prescription drug used in the treatment of multiple
sclerosis. The Department may add additional therapeutic
classes by rule. The Department may adopt a preferred drug
list within any of the classes of drugs described in items
(1) through (10) of this paragraph. The specific drugs or
therapeutic classes of covered prescription drugs shall be
indicated by rule.
For Eligibility Group 2, "covered prescription drug"
means those drugs covered for Eligibility Group 1 that are
also covered by the Medicare Part D Prescription Drug Plan
in which the beneficiary is enrolled.
For Eligibility Group 3, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
For Eligibility Group 4, "covered prescription drug"
means those drugs covered by the Medical Assistance Program
under Article V of the Illinois Public Aid Code.
For Eligibility Group 5, for individuals otherwise
described in Eligibility Group 2, "covered prescription
drug" means: (1) those drugs covered for Eligibility Group

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2 that are also covered by the Medicare Part D Prescription
Drug Plan in which the beneficiary is enrolled; and (2)
those drugs included in the formulary of the Illinois AIDS
Drug Assistance Program operated by the Illinois
Department of Public Health that are also covered by the
Medicare Part D Prescription Drug Plan in which the
beneficiary is enrolled. For Eligibility Group 5, for
individuals otherwise described in Eligibility Group 3,
"covered prescription drug" means those drugs covered by
the Medicare Part D Prescription Drug Plan in which the
beneficiary is enrolled.
An individual in Eligibility Group 1, 2, 3, 4, or 5 may opt
to receive a $25 monthly payment in lieu of the direct coverage
described in this subsection.
Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are
covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules

HB4592 - 175 - LRB096 13381 DRJ 28099 b
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
(Source: P.A. 94-86, eff. 1-1-06; 94-909, eff. 6-23-06; 95-208,
eff. 8-16-07; 95-644, eff. 10-12-07; 95-876, eff. 8-21-08.)
(320 ILCS 25/6) (from Ch. 67 1/2, par. 406)
Sec. 6. Administration.
(a) In general. Upon receipt of a timely filed claim, the
Department shall determine whether the claimant is a person
entitled to a grant under this Act and the amount of grant to
which he is entitled under this Act, as subject to the
availability of sufficient funds. The Department may require
the claimant to furnish reasonable proof of the statements of
domicile, household income, rent paid, property taxes accrued
and other matters on which entitlement is based, and may

HB4592 - 176 - LRB096 13381 DRJ 28099 b
withhold payment of a grant until such additional proof is
furnished.
(b) Rental determination. If the Department finds that the
gross rent used in the computation by a claimant of rent
constituting property taxes accrued exceeds the fair rental
value for the right to occupy that residence, the Department
may determine the fair rental value for that residence and
recompute rent constituting property taxes accrued
accordingly.
(c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that the
claimant has acquired title to his residence or has paid rent
for his residence primarily for the purpose of receiving a
grant under this Act.
(d) Pharmaceutical Assistance. The Department shall allow
all pharmacies licensed under the Pharmacy Practice Act of 1987
to participate as authorized pharmacies unless they have been
removed from that status for cause pursuant to the terms of
this Section. The Director of the Department may enter into a
written contract with any State agency, instrumentality or
political subdivision, or a fiscal intermediary for the purpose
of making payments to authorized pharmacies for covered
prescription drugs and coordinating the program of
pharmaceutical assistance established by this Act with other
programs that provide payment for covered prescription drugs.
Such agreement shall establish procedures for properly

HB4592 - 177 - LRB096 13381 DRJ 28099 b
contracting for pharmacy services, validating reimbursement
claims, validating compliance of dispensing pharmacists with
the contracts for participation required under this Section,
validating the reasonable costs of covered prescription drugs,
and otherwise providing for the effective administration of
this Act.
The Department shall promulgate rules and regulations to
implement and administer the program of pharmaceutical
assistance required by this Act, which shall include the
following:
(1) Execution of contracts with pharmacies to dispense
covered prescription drugs. Such contracts shall stipulate
terms and conditions for authorized pharmacies
participation and the rights of the State to terminate such
participation for breach of such contract or for violation
of this Act or related rules and regulations of the
Department;
(2) Establishment of maximum limits on the size of
prescriptions, new or refilled, which shall be in amounts
sufficient for 34 days, except as otherwise specified by
rule for medical or utilization control reasons;
(3) Establishment of liens upon any and all causes of
action which accrue to a beneficiary as a result of
injuries for which covered prescription drugs are directly
or indirectly required and for which the Director made
payment or became liable for under this Act;

HB4592 - 178 - LRB096 13381 DRJ 28099 b
(4) Charge or collection of payments from third parties
or private plans of assistance, or from other programs of
public assistance for any claim that is properly chargeable
under the assignment of benefits executed by beneficiaries
as a requirement of eligibility for the pharmaceutical
assistance identification card under this Act;
(4.5) Provision for automatic enrollment of
beneficiaries into a Medicare Discount Card program
authorized under the federal Medicare Modernization Act of
2003 (P.L. 108-391) to coordinate coverage including
Medicare Transitional Assistance;
(5) Inspection of appropriate records and audit of
participating authorized pharmacies to ensure contract
compliance, and to determine any fraudulent transactions
or practices under this Act;
(6) Annual determination of the reasonable costs of
covered prescription drugs for which payments are made
under this Act, as provided in Section 3.16;
(7) Payment to pharmacies under this Act in accordance
with the State Prompt Payment Act.
The Department shall annually report to the Governor and
the General Assembly by March 1st of each year on the
administration of pharmaceutical assistance under this Act. By
the effective date of this Act the Department shall determine
the reasonable costs of covered prescription drugs in
accordance with Section 3.16 of this Act.

HB4592 - 179 - LRB096 13381 DRJ 28099 b
(Source: P.A. 92-651, eff. 7-11-02; 93-841, eff. 7-30-04;
revised 1-22-08.)
(320 ILCS 25/7) (from Ch. 67 1/2, par. 407)
Sec. 7. Payment and denial of claims. (a) In general. The
Director shall order the payment from appropriations made for
that purpose of grants to claimants under this Act in the
amounts to which the Department has determined they are
entitled, respectively. The maximum amount of a grant may be
reduced as determined by the Director without further payment
being required in the event of insufficient funds. If a claim
is denied, the Director shall cause written notice of that
denial and the reasons for that denial to be sent to the
claimant.
(b) Payment of claims one dollar and under. Where the
amount of the grant computed under Section 4 is less than one
dollar, the Department shall pay to the claimant one dollar.
(c) Right to appeal. Any claimant aggrieved by the action
or determination of the Department on Aging arising under any
of its powers or duties under this Act, whether in the
reduction of the amount of the grant claimed, unless the
reduction is based on insufficient funds, or in the denial of
the claim, may request in writing that the Department
reconsider its prior determination, setting out the facts on
which his request is based. The Department shall consider the
request and either modify or affirm its prior determination.

HB4592 - 180 - LRB096 13381 DRJ 28099 b
(d) Administrative review. The decision of the Department
to affirm its prior determination, or the failure of the
Department to act on a request for reconsideration within 60
days, is a final administrative decision which is subject to
judicial review under the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(Source: P.A. 82-783.)
Section 100. The Abused and Neglected Child Reporting Act
is amended by changing Sections 2, 2.1, 7.2, 7.3, 7.3a, 7.3c,
7.4, 8.2, and 8.4 as follows:
(325 ILCS 5/2) (from Ch. 23, par. 2052)
Sec. 2. Subject to appropriation, the The Illinois
Department of Children and Family Services shall, upon
receiving reports made under this Act, protect the health,
safety, and best interests of the child in all situations in
which the child is vulnerable to child abuse or neglect, offer
protective services in order to prevent any further harm to the
child and to other children in the same environment or family,
stabilize the home environment, and preserve family life
whenever possible. Recognizing that children also can be abused
and neglected while living in public or private residential
agencies or institutions meant to serve them, while attending

HB4592 - 181 - LRB096 13381 DRJ 28099 b
day care centers, schools, or religious activities, or when in
contact with adults who are responsible for the welfare of the
child at that time, this Act also provides for the reporting
and investigation of child abuse and neglect in such instances.
In performing any of these duties, the Department may utilize
such protective services of voluntary agencies as are
available.
(Source: P.A. 92-801, eff. 8-16-02.)
(325 ILCS 5/2.1) (from Ch. 23, par. 2052.1)
Sec. 2.1. Any person or family seeking assistance in
meeting child care responsibilities may use available the
services and facilities established by this Act which may
assist in meeting such responsibilities. Whether or not the
problem presented constitutes child abuse or neglect, such
persons or families shall be referred to appropriate available
resources or agencies. No person seeking assistance under this
Section shall be required to give his name or any other
identifying information.
(Source: P.A. 81-1077.)
(325 ILCS 5/7.2) (from Ch. 23, par. 2057.2)
Sec. 7.2. Subject to appropriation, the The Department
shall establish a Child Protective Service Unit within each
geographic region as designated by the Director of the
Department. The Child Protective Service Unit shall perform

HB4592 - 182 - LRB096 13381 DRJ 28099 b
those functions assigned by this Act to it and only such others
that would further the purposes of this Act. It shall have a
sufficient staff of qualified personnel to fulfill the purpose
of this Act and be organized in such a way as to maximize the
continuity of responsibility, care and service of the
individual workers toward the individual children and
families.
The Child Protective Service Unit shall designate members
of each unit to receive specialty training to serve as special
consultants to unit staff and the public in the areas of child
sexual abuse, child deaths and injuries, and out-of-home
investigations.
(Source: P.A. 85-1440.)
(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
Sec. 7.3. (a) Subject to appropriation, the The Department
shall be the sole agency responsible for receiving and
investigating reports of child abuse or neglect made under this
Act, except where investigations by other agencies may be
required with respect to reports alleging the death of a child,
serious injury to a child or sexual abuse to a child made
pursuant to Sections 4.1 or 7 of this Act, and except that the
Department may delegate the performance of the investigation to
the Department of State Police, a law enforcement agency and to
those private social service agencies which have been
designated for this purpose by the Department prior to July 1,

HB4592 - 183 - LRB096 13381 DRJ 28099 b
1980.
(b) Notwithstanding any other provision of this Act, the
Department shall adopt rules expressly allowing law
enforcement personnel to investigate reports of suspected
child abuse or neglect concurrently with the Department,
without regard to whether the Department determines a report to
be "indicated" or "unfounded" or deems a report to be
"undetermined".
(Source: P.A. 95-57, eff. 8-10-07.)
(325 ILCS 5/7.3a) (from Ch. 23, par. 2057.3a)
Sec. 7.3a. Subject to appropriation, the The Director of
the Department shall appoint a Perinatal Coordinator who shall
be a physician licensed to practice medicine in all its
branches with a specialty certification in pediatric care. Such
coordinator, or other designated medical specialists, shall
review all reports of suspected medical neglect involving
newborns or infants, coordinate the evaluation of the subject
of such report, and assist in necessary referrals to
appropriate perinatal medical care and treatment. When the
Perinatal Coordinator or other designated medical specialists,
alone or in consultation with an infant care review committee
established by a medical facility, determine that a newborn or
infant child is being neglected as defined in Section 3 of this
Act, a designated employee of the Department shall take the
steps necessary to protect such newborn or infant child's life

HB4592 - 184 - LRB096 13381 DRJ 28099 b
or health, including but not limited to taking temporary
protective custody.
(Source: P.A. 83-1248.)
(325 ILCS 5/7.3c)
Sec. 7.3c. Substance abuse services for women with
children.
The Department of Human Services and the Department of
Children and Family Services shall develop a community based
system of integrated child welfare and substance abuse services
for the purpose of providing safety and protection for
children, improving adult health and parenting outcomes, and
improving family outcomes.
Subject to appropriation, the The Department of Children
and Family Services, in cooperation with the Department of
Human Services, shall develop case management protocols for
DCFS clients with substance abuse problems. The Departments may
establish pilot programs designed to test the most effective
approaches to case-management. The Departments shall evaluate
the effectiveness of these pilot programs and report to the
Governor and the General Assembly on an annual basis.
(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.)
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) Subject to appropriation, the The Department
shall be capable of receiving reports of suspected child abuse

HB4592 - 185 - LRB096 13381 DRJ 28099 b
or neglect 24 hours a day, 7 days a week. Whenever the
Department receives a report alleging that a child is a truant
as defined in Section 26-2a of The School Code, as now or
hereafter amended, the Department shall notify the
superintendent of the school district in which the child
resides and the appropriate superintendent of the educational
service region. The notification to the appropriate officials
by the Department shall not be considered an allegation of
abuse or neglect under this Act.
(b) (1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect
of a child, except as provided in subsection (c) of this
Section.
(2) If it appears that the immediate safety or
well-being of a child is endangered, that the family may
flee or the child disappear, or that the facts otherwise so
warrant, the Child Protective Service Unit shall commence
an investigation immediately, regardless of the time of day
or night. In all other cases, investigation shall be
commenced within 24 hours of receipt of the report. Upon
receipt of a report, the Child Protective Service Unit
shall make an initial investigation and an initial
determination whether the report is a good faith indication
of alleged child abuse or neglect.
(3) If the Unit determines the report is a good faith
indication of alleged child abuse or neglect, then a formal

HB4592 - 186 - LRB096 13381 DRJ 28099 b
investigation shall commence and, pursuant to Section 7.12
of this Act, may or may not result in an indicated report.
The formal investigation shall include: direct contact
with the subject or subjects of the report as soon as
possible after the report is received; an evaluation of the
environment of the child named in the report and any other
children in the same environment; a determination of the
risk to such children if they continue to remain in the
existing environments, as well as a determination of the
nature, extent and cause of any condition enumerated in
such report; the name, age and condition of other children
in the environment; and an evaluation as to whether there
would be an immediate and urgent necessity to remove the
child from the environment if appropriate family
preservation services were provided. After seeing to the
safety of the child or children, the Department shall
forthwith notify the subjects of the report in writing, of
the existence of the report and their rights existing under
this Act in regard to amendment or expungement. To fulfill
the requirements of this Section, the Child Protective
Service Unit shall have the capability of providing or
arranging for comprehensive emergency services to children
and families at all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report
to be a good faith indication of alleged child abuse or

HB4592 - 187 - LRB096 13381 DRJ 28099 b
neglect that warrants a formal investigation by the Unit,
the Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to
have caused the abuse or neglect is employed or otherwise
engaged in an activity resulting in frequent contact with
children and the alleged abuse or neglect are in the course
of such employment or activity, then the Department shall,
except in investigations where the Director determines
that such notification would be detrimental to the
Department's investigation, inform the appropriate
supervisor or administrator of that employment or activity
that the Unit has commenced a formal investigation pursuant
to this Act, which may or may not result in an indicated
report. The Department shall also notify the person being
investigated, unless the Director determines that such
notification would be detrimental to the Department's
investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts to
follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to minimize
disruption of the school day. The school employee accused

HB4592 - 188 - LRB096 13381 DRJ 28099 b
of child abuse or neglect may have his superior, his
association or union representative and his attorney
present at any interview or meeting at which the teacher or
administrator is present. The accused school employee
shall be informed by a representative of the Department, at
any interview or meeting, of the accused school employee's
due process rights and of the steps in the investigation
process. The information shall include, but need not
necessarily be limited to the right, subject to the
approval of the Department, of the school employee to
confront the accuser, if the accuser is 14 years of age or
older, or the right to review the specific allegations
which gave rise to the investigation, and the right to
review all materials and evidence that have been submitted
to the Department in support of the allegation. These due
process rights shall also include the right of the school
employee to present countervailing evidence regarding the
accusations.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall

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then commence a formal investigation under paragraph (3) of
subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.
(c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(d) If the Department has contact with an employer, or with
a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when a
report is unfounded so that any record of the investigation can
be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official

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informing the employer or religious institution or religious
official that the Department's investigation has resulted in an
unfounded report.
(e) Upon request by the Department, the Department of State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Department of State Police Law (20
ILCS 2605/2605-355) to properly designated employees of the
Department of Children and Family Services if the Department
determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child
Care Act of 1969, and the Children and Family Services Act. The
request shall be in the form and manner required by the
Department of State Police. Any information obtained by the
Department of Children and Family Services under this Section
is confidential and may not be transmitted outside the
Department of Children and Family Services other than to a
court of competent jurisdiction or unless otherwise authorized
by law. Any employee of the Department of Children and Family
Services who transmits confidential information in violation
of this Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by this
Section or otherwise authorized by law.

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(Source: P.A. 95-908, eff. 8-26-08.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. Subject to appropriation, if If the Child
Protective Service Unit determines, following an investigation
made pursuant to Section 7.4 of this Act, that there is
credible evidence that the child is abused or neglected, the
Department shall assess the family's need for services, and, as
necessary, develop, with the family, an appropriate service
plan for the family's voluntary acceptance or refusal. In any
case where there is evidence that the perpetrator of the abuse
or neglect is an addict or alcoholic as defined in the
Alcoholism and Other Drug Abuse and Dependency Act, the
Department, when making referrals for drug or alcohol abuse
services, shall make such referrals to facilities licensed by
the Department of Human Services or the Department of Public
Health. The Department shall comply with Section 8.1 by
explaining its lack of legal authority to compel the acceptance
of services and may explain its concomitant authority to
petition the Circuit court under the Juvenile Court Act of 1987
or refer the case to the local law enforcement authority or
State's attorney for criminal prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Subject to appropriation,
family Family preservation services shall be offered, where

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safe and appropriate, to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare without endangering the children's health or safety, to
reunite them with their families if so placed when
reunification is an appropriate goal, or to maintain an
adoptive placement. The term "homemaker" includes emergency
caretakers, homemakers, caretakers, housekeepers and chore
services. The term "counseling" includes individual therapy,
infant stimulation therapy, family therapy, group therapy,
self-help groups, drug and alcohol abuse counseling,
vocational counseling and post-adoptive services. The term
"day care" includes protective day care and day care to meet
educational, prevocational or vocational needs. The term
"emergency assistance and advocacy" includes coordinated
services to secure emergency cash, food, housing and medical
assistance or advocacy for other subsistence and family
protective needs.
Subject to appropriation, Before July 1, 2000, appropriate
family preservation services shall, subject to appropriation,
be included in the service plan if the Department has
determined that those services will ensure the child's health
and safety, are in the child's best interests, and will not
place the child in imminent risk of harm. Beginning July 1,
2000, appropriate family preservation services shall be
uniformly available throughout the State. If services are

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available, the The Department shall promptly notify children
and families of the Department's responsibility to offer and
provide family preservation services as identified in the
service plan. Such plans may include but are not limited to:
case management services; homemakers; counseling; parent
education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care; transportation
to obtain any of the above services; and medical assistance.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency.
The Department shall provide a preliminary report to the
General Assembly no later than January 1, 1991, in regard to
the provision of services authorized pursuant to this Section.
The report shall include:
(a) the number of families and children served, by type
of services;
(b) the outcome from the provision of such services,
including the number of families which remained intact at
least 6 months following the termination of services;
(c) the number of families which have been subjects of
founded reports of abuse following the termination of
services;
(d) an analysis of general family circumstances in
which family preservation services have been determined to
be an effective intervention;

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(e) information regarding the number of families in
need of services but unserved due to budget or program
criteria guidelines;
(f) an estimate of the time necessary for and the
annual cost of statewide implementation of such services;
(g) an estimate of the length of time before expansion
of these services will be made to include families with
children over the age of 6; and
(h) recommendations regarding any proposed legislative
changes to this program.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services, the
Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to engage
in any activity or refrain from any activity which is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect.

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(Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
eff. 7-1-97; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98.)
(325 ILCS 5/8.4) (from Ch. 23, par. 2058.4)
Sec. 8.4. Subject to appropriation, the The Department may
shall provide or arrange for and monitor, as authorized by this
Act, rehabilitative services for children and their families on
a voluntary basis or under a final or intermediate order of the
Court.
(Source: P.A. 84-611.)
Section 103. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 3-811, 3-812,
and 3-909 as follows:
(405 ILCS 5/3-811) (from Ch. 91 1/2, par. 3-811)
Sec. 3-811. Involuntary admission; alternative mental
health facilities. If any person is found subject to
involuntary admission, the court shall consider alternative
mental health facilities which are appropriate for and
available to the respondent, including but not limited to
hospitalization. The court may order the respondent to undergo
a program of hospitalization in a mental health facility
designated by the Department, in a licensed private hospital or
private mental health facility if it agrees, or in a facility
of the United States Veterans Administration if it agrees; or

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the court may order the respondent to undergo a program of
alternative treatment; or the court may place the respondent in
the care and custody of a relative or other person willing and
able to properly care for him or her. The court shall order the
least restrictive alternative for treatment which is
appropriate. The facility designated by the Department may not
include a facility or the portion thereof designated under
Section 8 of the Mental Health and Developmental Disabilities
Administrative Act as exclusively servicing persons committed
under Section 5-2-4 of the Unified Code of Corrections or
Article 104 of the Code of Criminal Procedure of 1963. In the
event that insufficient space is available at the facility
designated by the Department, the person shall be placed on a
waiting list with admission determined by the sequential order
in which the court orders are received by the Department.
(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-812) (from Ch. 91 1/2, par. 3-812)
Sec. 3-812. Court ordered alternative treatment;
modification; revocation.
(a) Alternative treatment shall not be ordered unless the
program being considered is capable of providing adequate and
humane treatment in the least restrictive setting which is
appropriate to the respondent's condition.
The court shall have continuing authority to modify an
order for alternative treatment if the recipient fails to

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comply with the order or is otherwise found unsuitable for
alternative treatment. Prior to modifying such an order, the
court shall receive a report from the facility director of the
program specifying why the alternative treatment is
unsuitable. The recipient shall be notified and given an
opportunity to respond when modification of the order for
alternative treatment is considered.
(b) If the court revokes an order for alternative treatment
and orders a recipient hospitalized, it may order a peace
officer to take the recipient into custody and transport him to
the facility. The court may order the recipient to undergo a
program of hospitalization at a licensed private hospital or
private mental health facility, or a facility of the United
States Veterans Administration, if such private or Veterans
Administration facility agrees to such placement, or at a
mental health facility designated by the Department. The
facility designated by the Department may not include a
facility or the portion thereof designated under Section 8 of
the Mental Health and Developmental Disabilities
Administrative Act as exclusively servicing persons committed
under Section 5-2-4 of the Unified Code of Corrections or
Article 104 of the Code of Criminal Procedure of 1963. In the
event that insufficient space is available at the facility
designated by the Department, the person shall be placed on a
waiting list with admission determined by the sequential order
in which the court orders are received by the Department.

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(Source: P.A. 91-726, eff. 6-2-00.)
(405 ILCS 5/3-909) (from Ch. 91 1/2, par. 3-909)
Sec. 3-909. Alternative treatment. Any recipient
hospitalized or admitted to alternative treatment or care and
custody under Article VIII of this Chapter may at any time
petition the court for transfer to a different facility or
program of alternative treatment, to care and custody, or to
the care and custody of a different person. His attorney,
guardian, custodian, or responsible relative may file such a
petition on his behalf. If the recipient is in a private
facility, the facility may also petition for transfer.
Recipients in private facilities or United States Veterans
Administration facilities may petition for transfer to a mental
health facility designated by the Department. The facility
designated by the Department may not include a facility or the
portion thereof designated under Section 8 of the Mental Health
and Developmental Disabilities Administrative Act as
exclusively servicing persons committed under Section 5-2-4 of
the Unified Code of Corrections or Article 104 of the Code of
Criminal Procedure of 1963. In the event that insufficient
space is available at the facility designated by the
Department, the person shall be placed on a waiting list with
admission determined by the sequential order in which the court
orders are received by the Department. Recipients may petition
for transfer to a program of alternative treatment, or to care

HB4592 - 199 - LRB096 13381 DRJ 28099 b
and custody. Recipients in private facilities may also petition
for transfer to United States Veterans Administration
facilities. Recipients in United States Veterans
Administration facilities may also petition for transfer to
private facilities. Recipients in Department facilities may
petition for transfer to a private mental health facility, a
United States Veterans Administration facility, a program of
alternative treatment, or to care and custody. Admission to a
United States Veterans Administration facility shall be
governed by Article X of this Chapter 3. No transfers between
Department facilities or between units of the same facility may
be ordered under this Section. An order for hospitalization
shall not be entered under this Section if the original order
did not authorize hospitalization unless a hearing is held
pursuant to Article VIII of this Chapter.
(Source: P.A. 91-726, eff. 6-2-00.)
Section 105. The Lead Poisoning Prevention Act is amended
by adding Section 18 as follows:
(410 ILCS 45/18 new)
Sec. 18. Suspension of regulatory, licensing, and
enforcement duties. All regulatory, licensing, and enforcement
duties and all other duties assigned to the Illinois Department
of Public Health under this Act are hereby suspended during the
period July 1, 2009, through June 30, 2010.

HB4592 - 200 - LRB096 13381 DRJ 28099 b
Section 110. The Poison Control System Act is amended by
changing Section 15 as follows:
(410 ILCS 47/15)
Sec. 15. Regional center designation. By January 1, 1993,
the Director of the Illinois Department of Public Health may
shall designate one or more at least 2 and no more than 3 human
poison control centers. The Director of the Illinois Department
of Public Health shall determine funding based upon available
appropriations. The director of the Illinois Department of
Agriculture shall designate 1 animal poison control center as
regional poison control center to provide comprehensive poison
control center services for animal exposures by January 1,
1993. The services provided by the centers shall adhere to the
appropriate national standards promulgated by the American
Association of Poison Control Centers and the Illinois State
Veterinary Medical Association; adherence to these standards
shall occur within 2 years after designation by the respective
departments, unless the center has been granted an extension by
the Illinois Department of Public Health or the Illinois
Department of Agriculture. The 2-year period shall
automatically be extended for an additional 2 years if funding
was not secured after a poison control center's initial
designation. The designated departments shall set standards of
operation after consulting with current poison control service

HB4592 - 201 - LRB096 13381 DRJ 28099 b
providers. Poison control centers shall cooperate to reduce the
cost of operations, collect information on poisoning
exposures, and provide education to the public and health
professionals. A regional poison control center shall continue
to operate unless it voluntarily closes or the designating
departments revoke the designation for failure to comply with
the standards. Centers designated under this Act shall be
considered State agencies for purposes of the State Employee
Indemnification Act.
(Source: P.A. 87-1145.)
(410 ILCS 47/13 rep.)
Section 115. The Poison Control System Act is amended by
repealing Section 13.
Section 120. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 7 as follows:
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Charges and reimbursement.
(a) The Department of Healthcare and Family Services shall
not register any new survivors of sexual assault for coverage
under this program during the period October 1, 2009 through
September 30, 2010.
(a-5) At any time that the Department of Healthcare and
Family Services is administering reimbursement as provided

HB4592 - 202 - LRB096 13381 DRJ 28099 b
herein, When any ambulance provider furnishing furnishes
transportation, hospital providing provides hospital emergency
services and forensic services, hospital or health care
professional or laboratory providing provides follow-up
healthcare, or pharmacy dispensing dispenses prescribed
medications to any sexual assault survivor, as defined by the
Department of Healthcare and Family Services, who is neither
eligible to receive such services under the Illinois Public Aid
Code nor covered as to such services by a policy of insurance,
the ambulance provider, hospital, health care professional, or
laboratory shall furnish such services to that person without
charge and shall be entitled to be reimbursed for its billed
charges in providing such services by the Illinois Sexual
Assault Emergency Treatment Program under the Department of
Healthcare and Family Services. Pharmacies shall dispense
prescribed medications without charge to the survivor and shall
be reimbursed at the Department of Healthcare and Family
Services' Medicaid allowable rates.
(b) The hospital is responsible for submitting the request
for reimbursement for ambulance services, hospital emergency
services, and forensic services to the Illinois Sexual Assault
Emergency Treatment Program. Nothing in this Section precludes
hospitals from providing follow-up healthcare and receiving
reimbursement under this Section.
(c) The health care professional who provides follow-up
healthcare and the pharmacy that dispenses prescribed

HB4592 - 203 - LRB096 13381 DRJ 28099 b
medications to a sexual assault survivor are responsible for
submitting the request for reimbursement for follow-up
healthcare or pharmacy services to the Illinois Sexual Assault
Emergency Treatment Program.
(d) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(Source: P.A. 95-331, eff. 8-21-07; 95-432, eff. 1-1-08.)
Section 130. The Hemophilia Care Act is amended by changing
Section 2 as follows:
(410 ILCS 420/2) (from Ch. 111 1/2, par. 2902)
Sec. 2. The Department shall establish a program for the
care and treatment of eligible persons by promoting the
development of appropriate resources for their care and
treatment and by providing financial assistance in accordance
with the further provisions of this Act to eligible persons
otherwise unable to pay for appropriate care and treatment. The
Department shall not administer this program from October 1,
2009 until September 30, 2010. The Department shall terminate
eligibility for all persons enrolled under this Section no
later than September 30, 2009. The Department is authorized to
accept and process applications for benefits before October 1,
2010, provided that no benefits shall be available until
October 1, 2010.

HB4592 - 204 - LRB096 13381 DRJ 28099 b
(Source: P.A. 80-859.)
Section 135. The Renal Disease Treatment Act is amended by
changing Section 1 as follows:
(410 ILCS 430/1) (from Ch. 111 1/2, par. 22.31)
Sec. 1. The Department of Healthcare and Family Services
shall establish a program for the care and treatment of persons
suffering from chronic renal diseases. This program shall
assist persons suffering from chronic renal diseases who
require lifesaving care and treatment for such renal disease,
but who are unable to pay for such services on a continuing
basis. The Department shall not administer this program from
October 1, 2009 until September 30, 2010. The Department shall
terminate eligibility for all persons enrolled under this
Section no later than September 30, 2009. The Department is
authorized to accept and process applications for benefits
before October 1, 2010, provided that no benefits shall be
available until October 1, 2010.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 140. The Adoption Act is amended by changing
Sections 6, 10, and 18.07 as follows:
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days after

HB4592 - 205 - LRB096 13381 DRJ 28099 b
the filing of a petition for the adoption or standby adoption
of a child other than a related child, the court shall appoint
a child welfare agency approved by the Department of Children
and Family Services, or a person deemed competent by the court,
or in Cook County the Court Services Division of the Cook
County Department of Public Aid, or the Department of Children
and Family Services if the court determines that no child
welfare agency is available or that the petitioner is
financially unable to pay for the investigation, to investigate
accurately, fully and promptly, the allegations contained in
the petition; the character, reputation, health and general
standing in the community of the petitioners; the religious
faith of the petitioners and, if ascertainable, of the child
sought to be adopted; and whether the petitioners are proper
persons to adopt the child and whether the child is a proper
subject of adoption. The investigation required under this
Section shall include a fingerprint based criminal background
check with a review of fingerprints by the Illinois State
Police and Federal Bureau of Investigation. Each petitioner
subject to this investigation, shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee

HB4592 - 206 - LRB096 13381 DRJ 28099 b
for conducting the criminal history records check, which shall
be deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The criminal
background check required by this Section shall include a
listing of when, where and by whom the criminal background
check was prepared. The criminal background check required by
this Section shall not be more than two years old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint review
be filed with, or at the same time as, an initial petition for
adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof, in
addition to the investigation required under subsection (A) of
this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child Care
Act of 1969, the Interstate Compact on the Placement of
Children, and regulations of the foreign placing agency and the
supervising agency.
The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine

HB4592 - 207 - LRB096 13381 DRJ 28099 b
whether the costs of the investigation shall be charged to the
petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners. The
Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are contained
therein, and in that event the court shall inform the
petitioners of the relevant portions pertaining to the adverse
findings. In no event shall any facts set forth in the report
be considered at the hearing of the proceeding, unless
established by competent evidence. The report shall be filed
with the record of the proceeding. If the file relating to the
proceeding is not impounded, the report shall be impounded by
the clerk of the court and shall be made available for
inspection only upon order of the court.
D. Related adoption. Such investigation shall not be made
when the petition seeks to adopt a related child or an adult
unless the court, in its discretion, shall so order. In such an

HB4592 - 208 - LRB096 13381 DRJ 28099 b
event the court may appoint a person deemed competent by the
court.
(Source: P.A. 93-418, eff. 1-1-04.)
(750 ILCS 50/10) (from Ch. 40, par. 1512)
Sec. 10. Forms of consent and surrender; execution and
acknowledgment thereof. A. The form of consent required for
the adoption of a born child shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION
I, ...., (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on .... at ....
That I reside at ...., County of .... and State of ....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me.
That I do hereby consent and agree to the adoption of such
child.
That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to such child.
That I understand such child will be placed for adoption
and that I cannot under any circumstances, after signing this
document, change my mind and revoke or cancel this consent or
obtain or recover custody or any other rights over such child.
That I have read and understand the above and I am signing it

HB4592 - 209 - LRB096 13381 DRJ 28099 b
as my free and voluntary act.
Dated (insert date).
.........................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent.
B. The form of consent required for the adoption of an
unborn child shall be substantially as follows:
CONSENT TO ADOPTION OF UNBORN CHILD
I, ...., state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at .... County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in such adoption
proceeding and waive service of summons on me.
That I do hereby consent and agree to the adoption of such
child, and that I have not previously executed a consent or
surrender with respect to such child.
That I wish to and do understand that by signing this
consent I do irrevocably and permanently give up all custody
and other parental rights I have to such child, except that I
have the right to revoke this consent by giving written notice
of my revocation not later than 72 hours after the birth of the
child.

HB4592 - 210 - LRB096 13381 DRJ 28099 b
That I understand such child will be placed for adoption
and that, except as hereinabove provided, I cannot under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
B-5. (1) The parent of a child may execute a consent to
standby adoption by a specified person or persons. A consent
under this subsection B-5 shall be acknowledged by a parent
pursuant to subsection H and subsection K of this Section. The
form of consent required for the standby adoption of a born
child effective at a future date when the consenting parent of
the child dies or requests that a final judgment of adoption be
entered shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT
TO STANDBY ADOPTION
I, ..., (relationship, e.g. mother or father) of ...., a
..male child, state:
That the child was born on .... at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I hereby enter my appearance in this proceeding and
waive service of summons on me in this action only.

HB4592 - 211 - LRB096 13381 DRJ 28099 b
That I do hereby consent and agree to the standby adoption
of the child, and that I have not previously executed a consent
or surrender with respect to the child.
That I wish to and understand that by signing this consent
I do irrevocably and permanently give up all custody and other
parental rights I have to the child, effective upon (my death)
(the child's other parent's death) or upon (my) (the other
parent's) request for the entry of a final judgment for
adoption if ..... (specified person or persons) adopt my child.
That I understand that until (I die) (the child's other
parent dies), I retain all legal rights and obligations
concerning the child, but at that time, I irrevocably give all
custody and other parental rights to .... (specified person or
persons).
I understand my child will be adopted by ....... (specified
person or persons) only and that I cannot, under any
circumstances, after signing this document, change my mind and
revoke or cancel this consent or obtain or recover custody or
any other rights over my child if ..... (specified person or
persons) adopt my child.
I understand that this consent to standby adoption is valid
only if the petition for standby adoption is filed and that if
....... (specified person or persons), for any reason, cannot
or will not file a petition for standby adoption or if his,
her, or their petition for standby adoption is denied, then
this consent is void. I have the right to notice of any other

HB4592 - 212 - LRB096 13381 DRJ 28099 b
proceeding that could affect my parental rights.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
....................
If under Section 8 the consent of more than one person is
required, then each such person shall execute a separate
consent. A separate consent shall be executed for each child.
(2) If the parent consents to a standby adoption by 2
specified persons, then the form shall contain 2 additional
paragraphs in substantially the following form:
If .... (specified persons) obtain a judgment of
dissolution of marriage before the judgment for adoption is
entered, then ..... (specified person) shall adopt my child. I
understand that I cannot change my mind and revoke this consent
or obtain or recover custody of my child if ..... (specified
persons) obtain a judgment of dissolution of marriage and .....
(specified person) adopts my child. I understand that I cannot
change my mind and revoke this consent if ...... (specified
persons) obtain a judgment of dissolution of marriage before
the adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my child if
..... (specified persons) obtain a judgment of dissolution of
marriage after the adoption is final. I understand that if
either ..... (specified persons) dies before the petition to

HB4592 - 213 - LRB096 13381 DRJ 28099 b
adopt my child is granted, then the surviving person may adopt
my child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody of my child if the
surviving person adopts my child.
A consent to standby adoption by specified persons on this
form shall have no effect on a court's determination of custody
or visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved before the adoption is final.
(3) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Standby Adoption shall be
substantially as follows:
STATE OF .....)
) SS.
COUNTY OF ....)
I, ....... (name of Judge or other person) ..... (official
title, name, and address), certify that ......., personally
known to me to be the same person whose name is subscribed to
the foregoing Final and Irrevocable Consent to Standby
Adoption, appeared before me this day in person and
acknowledged that (she) (he) signed and delivered the consent
as (her) (his) free and voluntary act, for the specified
purpose.
I have fully explained that this consent to adoption is

HB4592 - 214 - LRB096 13381 DRJ 28099 b
valid only if the petition to adopt is filed, and that if the
specified person or persons, for any reason, cannot or will not
adopt the child or if the adoption petition is denied, then
this consent will be void. I have fully explained that if the
specified person or persons adopt the child, by signing this
consent (she) (he) is irrevocably and permanently
relinquishing all parental rights to the child, and (she) (he)
has stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature..............................
(4) If a consent to standby adoption is executed in this
form, the consent shall be valid only if the specified person
or persons adopt the child. The consent shall be void if:
(a) the specified person or persons do not file a petition
for standby adoption of the child; or
(b) a court denies the standby adoption petition.
The parent shall not need to take further action to revoke
the consent if the standby adoption by the specified person or
persons does not occur, notwithstanding the provisions of
Section 11 of this Act.
C. The form of surrender to any agency given by a parent of
a born child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
FINAL AND IRREVOCABLE SURRENDER
FOR PURPOSES OF ADOPTION

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I, .... (relationship, e.g., mother, father, relative,
guardian) of ...., a ..male child, state:
That such child was born on ...., at .....
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child.
That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel

HB4592 - 216 - LRB096 13381 DRJ 28099 b
this surrender or obtain or recover custody or any other rights
over such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
D. The form of surrender to an agency given by a parent of
an unborn child who is to be subsequently placed for adoption
shall be substantially as follows and shall contain such other
facts and statements as the particular agency shall require.
SURRENDER OF UNBORN CHILD FOR
PURPOSES OF ADOPTION
I, .... (father), state:
That I am the father of a child expected to be born on or
about .... to .... (name of mother).
That I reside at ...., County of ...., and State of .....
That I am of the age of .... years.
That I do hereby surrender and entrust the entire custody
and control of such child to the .... (the "Agency"), a
(public) (licensed) child welfare agency with its principal
office in the City of ...., County of .... and State of ....,
for the purpose of enabling it to care for and supervise the
care of such child, to place such child for adoption and to
consent to the legal adoption of such child, and that I have
not previously executed a consent or surrender with respect to
such child.

HB4592 - 217 - LRB096 13381 DRJ 28099 b
That I hereby grant to the Agency full power and authority
to place such child with any person or persons it may in its
sole discretion select to become the adopting parent or parents
and to consent to the legal adoption of such child by such
person or persons; and to take any and all measures which, in
the judgment of the Agency, may be for the best interests of
such child, including authorizing medical, surgical and dental
care and treatment, including inoculation and anaesthesia for
such child.
That I wish to and understand that by signing this
surrender I do irrevocably and permanently give up all custody
and other parental rights I have to such child.
That I understand I cannot under any circumstances, after
signing this surrender, change my mind and revoke or cancel
this surrender or obtain or recover custody or any other rights
over such child, except that I have the right to revoke this
surrender by giving written notice of my revocation not later
than 72 hours after the birth of such child.
That I have read and understand the above and I am signing
it as my free and voluntary act.
Dated (insert date).
........................
E. The form of consent required from the parents for the
adoption of an adult, when such adult elects to obtain such
consent, shall be substantially as follows:
CONSENT

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I, ...., (father) (mother) of ...., an adult, state:
That I reside at ...., County of .... and State of .....
That I do hereby consent and agree to the adoption of such
adult by .... and .....
Dated (insert date).
.........................
F. The form of consent required for the adoption of a child
of the age of 14 years or upwards, or of an adult, to be given
by such person, shall be substantially as follows:
CONSENT
I, ...., state:
That I reside at ...., County of .... and State of .....
That I am of the age of .... years. That I consent and agree to
my adoption by .... and .....
Dated (insert date).
........................
G. The form of consent given by an agency to the adoption
by specified persons of a child previously surrendered to it
shall set forth that the agency has the authority to execute
such consent. The form of consent given by a guardian of the
person of a child sought to be adopted, appointed by a court of
competent jurisdiction, shall set forth the facts of such
appointment and the authority of the guardian to execute such
consent.
H. A consent (other than that given by an agency, or
guardian of the person of the child sought to be adopted

HB4592 - 219 - LRB096 13381 DRJ 28099 b
appointed by a court of competent jurisdiction) shall be
acknowledged by a parent before the presiding judge of the
court in which the petition for adoption has been, or is to be
filed or before any other judge or hearing officer designated
or subsequently approved by the court, or the circuit clerk if
so authorized by the presiding judge or, except as otherwise
provided in this Act, before a representative of the Department
of Children and Family Services or a licensed child welfare
agency, or before social service personnel under the
jurisdiction of a court of competent jurisdiction, or before
social service personnel of the Cook County Department of
Supportive Services designated by the presiding judge.
I. A surrender, or any other document equivalent to a
surrender, by which a child is surrendered to an agency shall
be acknowledged by the person signing such surrender, or other
document, before a judge or hearing officer or the clerk of any
court of record, either in this State or any other state of the
United States, or before a representative of an agency or
before any other person designated or approved by the presiding
judge of the court in which the petition for adoption has been,
or is to be, filed.
J. The form of the certificate of acknowledgment for a
consent, a surrender, or any other document equivalent to a
surrender, shall be substantially as follows:
STATE OF ....)
) SS.

HB4592 - 220 - LRB096 13381 DRJ 28099 b
COUNTY OF ...)
I, .... (Name of judge or other person), .... (official
title, name and location of court or status or position of
other person), certify that ...., personally known to me to be
the same person whose name is subscribed to the foregoing
(consent) (surrender), appeared before me this day in person
and acknowledged that (she) (he) signed and delivered such
(consent) (surrender) as (her) (his) free and voluntary act,
for the specified purpose.
I have fully explained that by signing such (consent)
(surrender) (she) (he) is irrevocably relinquishing all
parental rights to such child or adult and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated (insert date).
Signature ...............
K. When the execution of a consent or a surrender is
acknowledged before someone other than a judge or the clerk of
a court of record, such other person shall have his signature
on the certificate acknowledged before a notary public, in form
substantially as follows:
STATE OF ....)
) SS.
COUNTY OF ...)
I, a Notary Public, in and for the County of ......, in the
State of ......, certify that ...., personally known to me to
be the same person whose name is subscribed to the foregoing

HB4592 - 221 - LRB096 13381 DRJ 28099 b
certificate of acknowledgment, appeared before me in person and
acknowledged that (she) (he) signed such certificate as (her)
(his) free and voluntary act and that the statements made in
the certificate are true.
Dated (insert date).
Signature ...................... Notary Public
(official seal)
There shall be attached a certificate of magistracy, or
other comparable proof of office of the notary public
satisfactory to the court, to a consent signed and acknowledged
in another state.
L. A surrender or consent executed and acknowledged outside
of this State, either in accordance with the law of this State
or in accordance with the law of the place where executed, is
valid.
M. Where a consent or a surrender is signed in a foreign
country, the execution of such consent shall be acknowledged or
affirmed in a manner conformable to the law and procedure of
such country.
N. If the person signing a consent or surrender is in the
military service of the United States, the execution of such
consent or surrender may be acknowledged before a commissioned
officer and the signature of such officer on such certificate
shall be verified or acknowledged before a notary public or by
such other procedure as is then in effect for such division or

HB4592 - 222 - LRB096 13381 DRJ 28099 b
branch of the armed forces.
O. (1) The parent or parents of a child in whose interests
a petition under Section 2-13 of the Juvenile Court Act of 1987
is pending may, with the approval of the designated
representative of the Department of Children and Family
Services, execute a consent to adoption by a specified person
or persons:
(a) in whose physical custody the child has resided for
at least 6 months; or
(b) in whose physical custody at least one sibling of
the child who is the subject of this consent has resided
for at least 6 months, and the child who is the subject of
this consent is currently residing in this foster home; or
(c) in whose physical custody a child under one year of
age has resided for at least 3 months.
A consent under this subsection O shall be acknowledged by a
parent pursuant to subsection H and subsection K of this
Section.
(2) The consent to adoption by a specified person or
persons shall have the caption of the proceeding in which it is
to be filed and shall be substantially as follows:
FINAL AND IRREVOCABLE CONSENT TO ADOPTION BY
A SPECIFIED PERSON OR PERSONS
I, ......................................, the
.................. (mother or father) of a ....male child,
state:

HB4592 - 223 - LRB096 13381 DRJ 28099 b
1. My child ............................ (name of
child) was born on (insert date) at ....................
Hospital in ................ County, State of
...............
2. I reside at ......................, County of
............. and State of ..............
3. I, ..........................., am .... years old.
4. I enter my appearance in this action to adopt my
child by the person or persons specified herein by me and
waive service of summons on me in this action only.
5. I consent to the adoption of my child by
............................. (specified person or
persons) only.
6. I wish to sign this consent and I understand that by
signing this consent I irrevocably and permanently give up
all parental rights I have to my child if my child is
adopted by ............................. (specified person
or persons).
7. I understand my child will be adopted by
............................. (specified person or
persons) only and that I cannot under any circumstances,
after signing this document, change my mind and revoke or
cancel this consent or obtain or recover custody or any
other rights over my child if ............................
(specified person or persons) adopt my child.
8. I understand that this consent to adoption is valid

HB4592 - 224 - LRB096 13381 DRJ 28099 b
only if the petition to adopt is filed within one year from
the date that I sign it and that if .......................
(specified person or persons), for any reason, cannot or
will not file a petition to adopt my child within that one
year period or if their adoption petition is denied, then
this consent will be voidable after one year upon the
timely filing of my motion. If I file this motion before
the filing of the petition for adoption, I understand that
the court shall revoke this specific consent. I have the
right to notice of any other proceeding that could affect
my parental rights, except for the proceeding for
............. (specified person or persons) to adopt my
child.
9. I have read and understand the above and I am
signing it as my free and voluntary act.
Dated (insert date).
.............................................
Signature of parent
(3) If the parent consents to an adoption by 2 specified
persons, then the form shall contain 2 additional paragraphs in
substantially the following form:
10. If ............... (specified persons) get a
divorce before the petition to adopt my child is granted,
then .......... (specified person) shall adopt my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if

HB4592 - 225 - LRB096 13381 DRJ 28099 b
............. (specified persons) divorce and
............. (specified person) adopts my child. I
understand that I cannot change my mind and revoke this
consent or obtain or recover custody over my child if
................. (specified persons) divorce after the
adoption is final. I understand that this consent to
adoption has no effect on who will get custody of my child
if they divorce after the adoption is final.
11. I understand that if either ...............
(specified persons) dies before the petition to adopt my
child is granted, then the surviving person can adopt my
child. I understand that I cannot change my mind and revoke
this consent or obtain or recover custody over my child if
the surviving person adopts my child.
A consent to adoption by specified persons on this form
shall have no effect on a court's determination of custody or
visitation under the Illinois Marriage and Dissolution of
Marriage Act if the marriage of the specified persons is
dissolved after the adoption is final.
(4) The form of the certificate of acknowledgement for a
Final and Irrevocable Consent for Adoption by a Specified
Person or Persons shall be substantially as follows:
STATE OF..............)
) SS.
COUNTY OF.............)

HB4592 - 226 - LRB096 13381 DRJ 28099 b
I, .................... (Name of Judge or other person),
..................... (official title, name, and address),
certify that ............., personally known to me to be the
same person whose name is subscribed to the foregoing Final and
Irrevocable Consent for Adoption by a Specified Person or
Persons, appeared before me this day in person and acknowledged
that (she)(he) signed and delivered the consent as (her)(his)
free and voluntary act, for the specified purpose.
I have fully explained that this consent to adoption is
valid only if the petition to adopt is filed within one year
from the date that it is signed, and that if the specified
person or persons, for any reason, cannot or will not adopt the
child or if the adoption petition is denied, then this consent
will be voidable after one year upon the timely filing of a
motion by the parent to revoke the consent. I explained that if
this motion is filed before the filing of the petition for
adoption, the court shall revoke this specific consent. I have
fully explained that if the specified person or persons adopt
the child, by signing this consent this parent is irrevocably
and permanently relinquishing all parental rights to the child,
and this parent has stated that such is (her)(his) intention
and desire.
Dated (insert date).
...............................
Signature

HB4592 - 227 - LRB096 13381 DRJ 28099 b
(5) If a consent to adoption by a specified person or
persons is executed in this form, the following provisions
shall apply. The consent shall be valid only if that specified
person or persons adopt the child. The consent shall be
voidable after one year if:
(a) the specified person or persons do not file a
petition to adopt the child within one year after the
consent is signed and the parent files a timely motion to
revoke this consent. If this motion is filed before the
filing of the petition for adoption the court shall revoke
this consent; or
(b) a court denies the adoption petition; or
(c) the Department of Children and Family Services
Guardianship Administrator determines that the specified
person or persons will not or cannot complete the adoption,
or in the best interests of the child should not adopt the
child.
Within 30 days of the consent becoming void, the Department
of Children and Family Services Guardianship Administrator
shall make good faith attempts to notify the parent in writing
and shall give written notice to the court and all additional
parties in writing that the adoption has not occurred or will
not occur and that the consent is void. If the adoption by a
specified person or persons does not occur, no proceeding for
termination of parental rights shall be brought unless the
biological parent who executed the consent to adoption by a

HB4592 - 228 - LRB096 13381 DRJ 28099 b
specified person or persons has been notified of the proceeding
pursuant to Section 7 of this Act or subsection (4) of Section
2-13 of the Juvenile Court Act of 1987. The parent shall not
need to take further action to revoke the consent if the
specified adoption does not occur, notwithstanding the
provisions of Section 11 of this Act.
(6) The Department of Children and Family Services is
authorized to promulgate rules necessary to implement this
subsection O.
(7) Subject to appropriation, the The Department shall
collect and maintain data concerning the efficacy of specific
consents. This data shall include the number of specific
consents executed and their outcomes, including but not limited
to the number of children adopted pursuant to the consents, the
number of children for whom adoptions are not completed, and
the reason or reasons why the adoptions are not completed.
(Source: P.A. 92-320, eff. 1-1-02; 93-732, eff. 1-1-05.)
(750 ILCS 50/18.07)
Sec. 18.07. Adoption Registry Advisory Council. Subject to
appropriation, there There is established an Adoption Registry
Advisory Council. The Council shall be chaired by the Director
of the Department of Public Health or his designee. The Council
shall include the Director of the Department of Children and
Family Services or his designee. The Council shall also include
one representative from each of the following organizations:

HB4592 - 229 - LRB096 13381 DRJ 28099 b
Adoption Advocates of Illinois, Adoptive Families Today,
American Adoption Congress, Catholic Conference of Illinois,
Chicago Area Families for Adoption, Chicago Bar Association,
Child Care Association of Illinois, Children Remembered, Inc.,
Children's Home and Aid Society of Illinois, Child Welfare
Advisory Council, The Cradle, Healing Hearts, Illinois Foster
Parents Association, Illinois State Bar Association, Illinois
State Medical Society, Jewish Children's Bureau, Kids Help
Foundation, LDS Social Services, Lutheran Social Services of
Illinois, Maryville Academy, Midwest Adoption Center, St.
Mary's Services, Stars of David, and Truthseekers in Adoption.
If any one of the above named organizations notifies the
Director of the Department of Public Health in writing that the
organization does not wish to participate on the Advisory
Council or that the organization is no longer functioning, the
Director shall appoint another organization that represents
the same constituency as the named organization to replace the
named organization on the Council.
The Council's responsibilities shall include the following:
1) Advising the Department on the development of rules,
procedures, and forms utilized by the Illinois Adoption
Registry and Medical Information Exchange;
2) Making recommendations regarding the procedures,
tools and technology that will ensure efficient and
effective operation of the Registry;
3) Submitting a report to the Governor and the General

HB4592 - 230 - LRB096 13381 DRJ 28099 b
Assembly no later than January 1, 2001, on the status of
the Registry, an evaluation of the effectiveness of the
Registry, and pertinent statistics regarding the Registry;
4) Assisting the Department with the development,
publication, and circulation of an informational pamphlet
that describes the purpose, function, and mechanics of the
Illinois Adoption Registry and Medical Information
Exchange, including information about who is eligible to
register and how to register; information about the
questions and concerns that registrants may develop when
they register or when they receive information from the
Registry; and a list of services, programs, groups, and
informational websites that are available to assist
registrants with their questions and concerns.
(Source: P.A. 91-417, eff. 1-1-00.)
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.
HB4592 - 231 - LRB096 13381 DRJ 28099 b
INDEX
Statutes amended in order of appearance
5 ILCS 100/1-100 new
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
20 ILCS 105/4.02c
20 ILCS 105/4.11
20 ILCS 105/8.06 from Ch. 23, par. 6108.06
20 ILCS 105/4.02d rep.
20 ILCS 105/4.10 rep.
20 ILCS 105/8.05 rep.
20 ILCS 505/2.1
20 ILCS 505/4a from Ch. 23, par. 5004a
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/5a from Ch. 23, par. 5005a
20 ILCS 505/5e
20 ILCS 505/5.25
20 ILCS 505/5.30
20 ILCS 505/8 from Ch. 23, par. 5008
20 ILCS 505/8a from Ch. 23, par. 5008a
20 ILCS 505/8b from Ch. 23, par. 5008b
20 ILCS 505/9.8a from Ch. 23, par. 5009.8a
20 ILCS 505/12 from Ch. 23, par. 5012
20 ILCS 505/17a-7 from Ch. 23, par. 5017a-7
HB4592 - 232 - LRB096 13381 DRJ 28099 b
20 ILCS 505/17a-8 from Ch. 23, par. 5017a-8
20 ILCS 505/21 from Ch. 23, par. 5021
20 ILCS 505/21.5
20 ILCS 505/22.2 from Ch. 23, par. 5022.2
20 ILCS 505/29 from Ch. 23, par. 5029
20 ILCS 505/30 from Ch. 23, par. 5030
20 ILCS 505/34.3 from Ch. 23, par. 5034.3
20 ILCS 505/34.4 from Ch. 23, par. 5034.4
20 ILCS 505/34.5 from Ch. 23, par. 5034.5
20 ILCS 505/34.9 from Ch. 23, par. 5034.9
20 ILCS 505/34.11
20 ILCS 505/35.5
20 ILCS 505/35.6
20 ILCS 505/35.7
20 ILCS 1305/10-26 rep.
20 ILCS 1605/21.6
20 ILCS 2405/3c rep.
30 ILCS 608/Act rep.
105 ILCS 105/17 new
210 ILCS 45/3-702 from Ch. 111 1/2, par. 4153-702
210 ILCS 110/19 new
210 ILCS 125/29 new
215 ILCS 105/7.1
215 ILCS 106/20
215 ILCS 106/25
215 ILCS 170/15
HB4592 - 233 - LRB096 13381 DRJ 28099 b
215 ILCS 170/35
225 ILCS 10/3 from Ch. 23, par. 2213
225 ILCS 10/5 from Ch. 23, par. 2215
225 ILCS 10/6 from Ch. 23, par. 2216
225 ILCS 10/7.3
225 ILCS 10/9 from Ch. 23, par. 2219
225 ILCS 10/9.1a
225 ILCS 10/9.2
225 ILCS 10/11 from Ch. 23, par. 2221
225 ILCS 320/44 new
225 ILCS 345/30 new
305 ILCS 5/3-8 from Ch. 23, par. 3-8
305 ILCS 5/4-10 from Ch. 23, par. 4-10
305 ILCS 5/5-2 from Ch. 23, par. 5-2
305 ILCS 5/5-12 from Ch. 23, par. 5-12
305 ILCS 5/5-17 from Ch. 23, par. 5-17
305 ILCS 5/6-6 from Ch. 23, par. 6-6
305 ILCS 5/6-11 from Ch. 23, par. 6-11
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
305 ILCS 5/12-4.11 from Ch. 23, par. 12-4.11
305 ILCS 5/6-5 rep.
320 ILCS 25/4 from Ch. 67 1/2, par. 404
320 ILCS 25/6 from Ch. 67 1/2, par. 406
320 ILCS 25/7 from Ch. 67 1/2, par. 407
325 ILCS 5/2 from Ch. 23, par. 2052
325 ILCS 5/2.1 from Ch. 23, par. 2052.1
HB4592 - 234 - LRB096 13381 DRJ 28099 b
325 ILCS 5/7.2 from Ch. 23, par. 2057.2
325 ILCS 5/7.3 from Ch. 23, par. 2057.3
325 ILCS 5/7.3a from Ch. 23, par. 2057.3a
325 ILCS 5/7.3c
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/8.2 from Ch. 23, par. 2058.2
325 ILCS 5/8.4 from Ch. 23, par. 2058.4
405 ILCS 5/3-811 from Ch. 91 1/2, par. 3-811
405 ILCS 5/3-812 from Ch. 91 1/2, par. 3-812
405 ILCS 5/3-909 from Ch. 91 1/2, par. 3-909
410 ILCS 45/18 new
410 ILCS 47/15
410 ILCS 47/13 rep.
410 ILCS 70/7 from Ch. 111 1/2, par. 87-7
410 ILCS 420/2 from Ch. 111 1/2, par. 2902
410 ILCS 430/1 from Ch. 111 1/2, par. 22.31
750 ILCS 50/6 from Ch. 40, par. 1508
750 ILCS 50/10 from Ch. 40, par. 1512
750 ILCS 50/18.07