Bill Title: Reinserts the provisions of the engrossed bill with the following changes: In the Interagency Children's Behavioral Health Services Act, removes a provision requiring the behavioral health interagency agreement to require the contracting State agencies to identify children with significant and complex behavioral health needs who meet certain criteria. Instead provides that the interagency agreement shall set criteria to identify children whose cases will be presented to the Interagency Children's Behavioral Health Services Team for prioritized review. Lists certain criteria that shall be included in the interagency agreement. Provides that all information collected, shared, or stored pursuant to the Act shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 and the Mental Health and Developmental Disabilities Confidentiality Act. Provides that nothing in the Act shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency. Further amends the Children and Family Services Act. In a provision requiring the Department of Children and Family Services to adopt rules to establish a process for all licensed residential providers in Illinois to submit data, if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services, provides that all information collected, shared, or stored pursuant to that provision shall be handled in accordance with all State and federal privacy laws and accompanying regulations and rules, including without limitation the federal Health Insurance Portability and Accountability Act of 1996 and the Mental Health and Developmental Disabilities Confidentiality Act. In a provision requiring the Department of Human Services to develop a Youth and Community Services Program, provides that the program is to ensure that youth who come into contact or may come into contact with either the child welfare system or the juvenile justice system (rather than who come into contact or may come into contact with the child welfare and the juvenile justice systems) have access to needed community, prevention, diversion, emergency and independent living services. In provisions listing the Department's duties under the program, removes the duty to develop a statewide adoption awareness campaign aimed at pregnant teenagers. Adds the duty to establish temporary emergency placements for youth in crisis as defined by the Children's Behavioral Health Transformation Team (rather than the Department) through comprehensive community-based youth services provider grants. Sets forth certain requirements that such temporary emergency placements must meet. Provides that, once sufficient capacity has been developed, temporary emergency placements must also include temporary emergency placement shelters provided under the Comprehensive Community-Based Youth Services program, shall be managed by Comprehensive Community-Based Youth Services provider organizations, and shall be available to house youth receiving interim 24/7 crisis intervention services. Provides that nothing in the amendatory Act shall be construed or applied in a manner that would conflict with, diminish, or infringe upon, any State agency's obligation to comply fully with requirements imposed under a court order or State or federal consent decree applicable to that agency. Further amends the Juvenile Court Act of 1987. Provides that no minor shall be sheltered in a temporary living arrangement for more than 21 business days (rather than 21 days). Provides that if at any time during the crisis intervention there is a concern that the minor has experienced abuse or neglect, the Comprehensive Community Based-Youth Services provider shall contact the Department of Children and Family Services as provided in the Abused and Neglected Child Reporting Act. Amends the Mental Health and Developmental Disabilities Administrative Act. Requires the Department of Human Services to establish and maintain a public-facing Care Portal to serve as a centralized resource for families with children who have significant and complex behavioral health needs. Effective immediately.
Spectrum: Partisan Bill (Democrat 26-1)
Status: (Passed) 2023-08-11 - Public Act . . . . . . . . . 103-0546
[SB0724 Detail]Download: Illinois-2023-SB0724-Chaptered.html
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Public Act 103-0546
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SB0724 Enrolled | LRB103 29722 SPS 56127 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Interagency Children's Behavioral Health Services Act.
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Section 5. Children's Behavioral Health Transformation |
Initiative. This Act establishes a Children's Behavioral |
Health Transformation Officer. The Officer shall lead the |
State's comprehensive, interagency effort to ensure that youth |
with significant and complex behavioral health needs receive |
appropriate community and residential services and that the |
State-supported system is transparent and easier for youth and |
their families to navigate. The Officer shall serve as a |
policymaker and spokesperson on children's behavioral health, |
including coordinating the interagency effort through |
legislation, rules, and budgets and communicating with the |
General Assembly and federal and local leaders on these |
critical issues. |
An Interagency Children's Behavioral Health Services Team |
is established to find appropriate services, residential |
treatment, and support for children identified by each |
participating agency as requiring enhanced agency |
collaboration to identify and obtain treatment in a |
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residential setting. Responsibilities of each participating |
agency shall be outlined in an interagency agreement between |
all the relevant State agencies.
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Section 10. Interagency agreement. In order to establish |
the Interagency Children's Behavioral Health Services Team, |
within 90 days after the effective date of this Act, the |
Department of Children of Family Services, the Department of |
Human Services, the Department of Healthcare and Family |
Services, the Illinois State Board of Education, the |
Department of Juvenile Justice, and the Department of Public |
Health shall enter into an interagency agreement for the |
purpose of establishing the roles and responsibilities of each |
participating agency. |
The interagency agreement, among other things, shall |
address all of the following: |
(1) Require each participating agency to assign staff |
to the Interagency Children's Behavioral Health Services |
Team who have operational knowledge of and decision-making |
authority over the agency's children's behavioral health |
programs and services. |
(2) Set criteria to identify children whose cases will |
be presented to the Interagency Children's Behavioral |
Health Services Team for prioritized review. Criteria |
shall include, but not be limited to: |
(A) the length of time the child has been |
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clinically approved for residential services through |
existing funding streams but has not been admitted to |
an appropriate program; |
(B) the length of time the child has been in a |
hospital emergency department or medical unit seeking |
inpatient treatment for psychiatric or behavioral |
health emergency; |
(C) the length of time the child has been in a |
psychiatric or general acute care hospital for |
inpatient psychiatric treatment beyond medical |
necessity; |
(D) the risk of being taken into the custody of the |
Department of Children and Family Services in the |
absence of abuse or neglect as defined by the Abused |
and Neglected Child Reporting Act or the Juvenile |
Court Act of 1987 for the sole purpose of obtaining |
behavioral health services or residential treatment; |
(E) other circumstances that require enhanced |
interagency collaboration to find appropriate services |
for the child. |
(3) Require each agency, or its designee, to present |
each identified child's clinical case, to the extent |
permitted by State and federal law, to the Interagency |
Children's Behavioral Health Services Team during regular |
team meetings to outline the child's needs and to |
determine if any of the participating agencies have |
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residential or other supportive services that may be |
available for the child to ensure that the child receives |
appropriate treatment, including residential treatment if |
necessary, as soon as possible. |
(4) Require the Community and Residential Services |
Authority to notify the Interagency Children's Behavioral |
Health Services Team of any child that has been referred |
for services who meet the criteria set forth in paragraph |
(2) and to present the clinical cases for the child to the |
interagency team to determine if any agency program can |
assist the child. |
(5) Require the participating agencies to develop a |
quarterly analysis, to be submitted to the General |
Assembly, the Governor's Office, and the Community and |
Residential Services Authority including the following |
information, to the extent permitted by State and federal |
law: |
(A) the number of children presented to the team; |
(B) the children's clinical presentations that |
required enhanced agency collaboration; |
(C) the types of services including residential |
treatment that were needed to appropriately support |
the aggregate needs of children presented; |
(D) the timeframe it took to find placement or |
appropriate services; and |
(E) any other data or information the Interagency |
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Children's Behavioral Health Services Team deems |
appropriate. |
All information collected, shared, or stored pursuant to |
this Section shall be handled in accordance with all State and |
federal privacy laws and accompanying regulations and rules, |
including without limitation the federal Health Insurance |
Portability and Accountability Act of 1996 (Public Law |
104-191) and the Mental Health and Developmental Disabilities |
Confidentiality Act. |
Nothing in this Section shall be construed or applied in a |
manner that would conflict with, diminish, or infringe upon, |
any State agency's obligation to comply fully with |
requirements imposed under a court order or State or federal |
consent decree applicable to that agency.
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Section 15. The Children and Family Services Act is |
amended by changing Sections 5 and 17 as follows:
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(20 ILCS 505/5) (from Ch. 23, par. 5005)
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Sec. 5. Direct child welfare services; Department of |
Children and Family
Services. To provide direct child welfare |
services when not available
through other public or private |
child care or program facilities.
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(a) For purposes of this Section:
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(1) "Children" means persons found within the State |
who are under the
age of 18 years. The term also includes |
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persons under age 21 who:
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(A) were committed to the Department pursuant to |
the
Juvenile Court Act or the Juvenile Court Act of |
1987 and who continue under the jurisdiction of the |
court; or
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(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
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disability, social adjustment or any combination |
thereof, or because of the
need to complete an |
educational or vocational training program.
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(2) "Homeless youth" means persons found within the
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State who are under the age of 19, are not in a safe and |
stable living
situation and cannot be reunited with their |
families.
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(3) "Child welfare services" means public social |
services which are
directed toward the accomplishment of |
the following purposes:
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(A) protecting and promoting the health, safety |
and welfare of
children,
including homeless, |
dependent, or neglected children;
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(B) remedying, or assisting in the solution
of |
problems which may result in, the neglect, abuse, |
exploitation, or
delinquency of children;
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(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
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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;
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(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 home without endangering the child's health and
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safety;
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(E) placing children in suitable adoptive homes, |
in
cases where restoration to the biological family is |
not safe, possible, or
appropriate;
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(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
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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;
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(G) (blank);
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(H) (blank); and
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(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:
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(i) who are in a foster home, or
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(ii) who are persons with a developmental |
disability, as defined in
the Mental
Health and |
Developmental Disabilities Code, or
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(iii) who are female children who are |
pregnant, pregnant and
parenting, or parenting, or
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(iv) who are siblings, in facilities that |
provide separate living quarters for children 18
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years of age and older and for children under 18 |
years of age.
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(b) (Blank).
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(b-5) The Department shall adopt rules to establish a |
process for all licensed residential providers in Illinois to |
submit data as required by the Department, if they contract or |
receive reimbursement for children's mental health, substance |
use, and developmental disability services from the Department |
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of Human Services, the Department of Juvenile Justice, or the |
Department of Healthcare and Family Services. The requested |
data must include, but is not limited to, capacity, staffing, |
and occupancy data for the purpose of establishing State need |
and placement availability. |
All information collected, shared, or stored pursuant to |
this subsection shall be handled in accordance with all State |
and federal privacy laws and accompanying regulations and |
rules, including without limitation the federal Health |
Insurance Portability and Accountability Act of 1996 (Public |
Law 104-191) and the Mental Health and Developmental |
Disabilities Confidentiality Act. |
(c) The Department 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.
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(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
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or the remaining months of the fiscal year, whichever is less, |
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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
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for child day care services as authorized by Section 5a of this |
Act; and
youth service programs receiving grant funds under |
Section 17a-4.
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(e) (Blank).
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(f) (Blank).
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(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:
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(1) adoption;
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(2) foster care;
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(3) family counseling;
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(4) protective services;
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(5) (blank);
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(6) homemaker service;
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(7) return of runaway children;
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(8) (blank);
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(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 |
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Court Act of 1987 in
accordance with the federal Adoption |
Assistance and Child Welfare Act of
1980; and
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(10) interstate services.
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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 screening techniques to identify substance |
use disorders, as defined in the Substance Use Disorder Act, |
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 for an assessment at an organization appropriately |
licensed by the Department of Human Services for substance use |
disorder treatment.
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(h) If the Department finds that there is no appropriate |
program or
facility within or available to the Department for |
a youth in care and that no
licensed private facility has an |
adequate and appropriate program or none
agrees to accept the |
youth in care, the Department shall create an appropriate
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individualized, program-oriented plan for such youth in care. |
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.
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(i) Service programs shall be available throughout the |
State and shall
include but not be limited to the following |
services:
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(1) case management;
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(2) homemakers;
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(3) counseling;
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(4) parent education;
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(5) day care; and
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(6) emergency assistance and advocacy.
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In addition, the following services may be made available |
to assess and
meet the needs of children and families:
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(1) comprehensive family-based services;
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(2) assessments;
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(3) respite care; and
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(4) in-home health services.
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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.
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(j) The Department may provide categories of financial |
assistance and
education assistance grants, and shall
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establish rules and regulations concerning the assistance and |
grants, to
persons who
adopt children with physical or mental |
disabilities, children who are older, or other hard-to-place
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children who (i) immediately prior to their adoption were |
youth in care 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 |
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died.
The Department may continue to provide financial |
assistance and education assistance grants for a child who was |
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
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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 youth in care for 12 months immediately
prior to the |
appointment of the guardian.
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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.
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Any financial assistance provided under this subsection is
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inalienable by assignment, sale, execution, attachment, |
garnishment, or any
other remedy for recovery or collection of |
a judgment or debt.
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(j-5) The Department shall not deny or delay the placement |
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of a child for
adoption
if an approved family is available |
either outside of the Department region
handling the case,
or |
outside of the State of Illinois.
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(k) 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.
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(l) The Department 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 |
shall be offered (i) to prevent the
placement
of children in
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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, except |
that reunification services may be offered as provided in |
paragraph (F) of subsection (2) of Section 2-28 of that Act.
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Nothing in this paragraph shall be construed to create a |
private right of
action or claim on the part of any individual |
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or child welfare agency, except that when a child is the |
subject of an action under Article II of the Juvenile Court Act |
of 1987 and the child's service plan calls for services to |
facilitate achievement of the permanency goal, the court |
hearing the action under Article II of the Juvenile Court Act |
of 1987 may order the Department to provide the services set |
out in the plan, if those services are not provided with |
reasonable promptness and if those services are available.
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The Department shall notify the child and his family of |
the
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
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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 |
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such services shall be voluntary. The Department may also |
provide services to any child or family after completion of a |
family assessment, as an alternative to an investigation, as |
provided under the "differential response program" provided |
for in subsection (a-5) of Section 7.4 of the Abused and |
Neglected Child Reporting Act.
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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. On and after January 1, 2015 (the |
effective date of Public Act 98-803) and before January 1, |
2017, a minor charged with a criminal offense under the |
Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of |
or
committed to the Department by any court, except (i) a minor |
less than 16 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition |
to reinstate wardship pursuant to subsection (2) of Section |
2-33 of the Juvenile Court Act of 1987. On and after January 1, |
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2017, a minor charged with a criminal offense under the |
Criminal
Code of 1961 or the Criminal Code of 2012 or |
adjudicated delinquent shall not be placed in the custody of |
or
committed to the Department by any court, except (i) a minor |
less than 15 years
of age committed to the Department under |
Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor |
for whom an independent basis of abuse, neglect, or dependency |
exists, which must be defined by departmental rule, or (iii) a |
minor for whom the court has granted a supplemental petition |
to reinstate wardship pursuant to subsection (2) of Section |
2-33 of the Juvenile Court Act of 1987. 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. The Department shall
assign a caseworker to |
attend any hearing involving a youth in
the care and custody of |
the Department who is placed on aftercare release, including |
hearings
involving sanctions for violation of aftercare |
release
conditions and aftercare release revocation hearings.
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As soon as is possible after August 7, 2009 (the effective |
date of Public Act 96-134), the Department shall develop and |
implement a special program of family preservation services to |
support intact, foster, and adoptive families who are |
experiencing extreme hardships due to the difficulty and |
stress of caring for a child who has been diagnosed with a |
pervasive developmental disorder if the Department determines |
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that those services are necessary to ensure the health and |
safety of the child. The Department may offer services to any |
family whether or not a report has been filed under the Abused |
and Neglected Child Reporting Act. The Department may refer |
the child or family to services available from other agencies |
in the community 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 these services shall be voluntary. The Department shall |
develop and implement a public information campaign to alert |
health and social service providers and the general public |
about these special family preservation services. The nature |
and scope of the services offered and the number of families |
served under the special program implemented under this |
paragraph shall be determined by the level of funding that the |
Department annually allocates for this purpose. The term |
"pervasive developmental disorder" under this paragraph means |
a neurological condition, including, but not limited to, |
Asperger's Syndrome and autism, as defined in the most recent |
edition of the Diagnostic and Statistical Manual of Mental |
Disorders of the American Psychiatric Association. |
(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, the legislature directs the |
Department of
Children and
Family Services to conduct |
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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.
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When determining reasonable efforts to be made with |
respect 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.
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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.
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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.
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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:
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(1) the likelihood of prompt reunification;
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(2) the past history of the family;
|
(3) the barriers to reunification being addressed by |
the family;
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(4) the level of cooperation of the family;
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(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 |
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.
|
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
child is a youth in care who was placed in 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 services delivered shall |
be
absolutely inalienable by assignment, sale, attachment, or |
garnishment or
otherwise.
|
(n-1) The Department shall provide or authorize child |
welfare services, aimed at assisting minors to achieve |
sustainable self-sufficiency as independent adults, for any |
minor eligible for the reinstatement of wardship pursuant to |
subsection (2) of Section 2-33 of the Juvenile Court Act of |
1987, whether or not such reinstatement is sought or allowed, |
provided that the minor consents to such services and has not |
yet attained the age of 21. The Department shall have |
responsibility for the development and delivery of services |
under this Section. An eligible youth may access services |
under this Section through the Department of Children and |
Family Services or by referral from the Department of Human |
|
Services. Youth participating in services under this Section |
shall cooperate with the assigned case manager in developing |
an agreement identifying the services to be provided and how |
the youth will increase skills to achieve self-sufficiency. A |
homeless shelter is not considered appropriate housing for any |
youth receiving child welfare services under this Section. The |
Department shall continue child welfare services under this |
Section to any eligible minor until the minor becomes 21 years |
of age, no longer consents to participate, or achieves |
self-sufficiency as identified in the minor's service plan. |
The Department of Children and Family Services shall create |
clear, readable notice of the rights of former foster youth to |
child welfare services under this Section and how such |
services may be obtained. The Department of Children and |
Family Services and the Department of Human Services shall |
disseminate this information statewide. The Department shall |
adopt regulations describing services intended to assist |
minors in achieving sustainable self-sufficiency as |
independent adults. |
(o) The Department shall establish an administrative |
review and appeal
process for children and families who |
request or receive child welfare
services from the Department. |
Youth in care who are placed by private child welfare |
agencies, and foster families with whom
those youth 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 |
ensure that any private child welfare
agency, which accepts |
youth in care 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. A court determination that a |
current foster home placement is necessary and appropriate |
under Section 2-28 of the Juvenile Court Act of 1987 does not |
constitute a judicial determination on the merits of an |
administrative appeal, filed by a former foster parent, |
involving a change of placement decision.
|
(p) (Blank).
|
(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, except that the benefits described in Section |
5.46 must be used and conserved consistent with the provisions |
under Section 5.46.
|
|
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
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 |
State and federal laws and shall be disbursed to the child |
or his
or her guardian, or to the issuing agency.
|
(r) 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 child or child with a disability 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) 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 |
applicable. The program shall
be funded through appropriations |
from the General Revenue Fund,
specifically designated for |
such purposes.
|
(t) 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, in a licensed foster |
home,
group home, or child care institution, or in a relative |
home, the Department
shall provide to the prospective adoptive |
parent or 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 |
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 |
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) 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
Illinois State Police Law
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 shall provide for
interactive computerized |
communication and processing equipment that permits
direct |
on-line communication with the Illinois 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 Illinois |
|
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 Illinois State Police relating to the access and |
dissemination of
this information.
|
(v-1) Prior to final approval for placement of a child, |
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 |
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. |
(x) The Department shall conduct annual credit history |
checks to determine the financial history of children placed |
under its guardianship pursuant to the Juvenile Court Act of |
1987. The Department shall conduct such credit checks starting |
|
when a youth in care turns 12 years old and each year |
thereafter for the duration of the guardianship as terminated |
pursuant to the Juvenile Court Act of 1987. The Department |
shall determine if financial exploitation of the child's |
personal information has occurred. If financial exploitation |
appears to have taken place or is presently ongoing, the |
Department shall notify the proper law enforcement agency, the |
proper State's Attorney, or the Attorney General. |
(y) Beginning on July 22, 2010 (the effective date of |
Public Act 96-1189), a child with a disability who receives |
residential and educational services from the Department shall |
be eligible to receive transition services in accordance with |
Article 14 of the School Code from the age of 14.5 through age |
21, inclusive, notwithstanding the child's residential |
services arrangement. For purposes of this subsection, "child |
with a disability" means a child with a disability as defined |
by the federal Individuals with Disabilities Education |
Improvement Act of 2004. |
(z) The Department shall access criminal history record |
information as defined as "background information" in this |
subsection and criminal history record information as defined |
in the Illinois Uniform Conviction Information Act for each |
Department employee or Department applicant. Each Department |
employee or Department applicant shall submit his or her |
fingerprints to the Illinois State Police in the form and |
manner prescribed by the Illinois State Police. These |
|
fingerprints shall be checked against the fingerprint records |
now and hereafter filed in the Illinois State Police and the |
Federal Bureau of Investigation criminal history records |
databases. The Illinois State Police shall charge a fee for |
conducting the criminal history record check, which shall be |
deposited into the State Police Services Fund and shall not |
exceed the actual cost of the record check. The Illinois State |
Police shall furnish, pursuant to positive identification, all |
Illinois conviction information to the Department of Children |
and Family Services. |
For purposes of this subsection: |
"Background information" means all of the following: |
(i) Upon the request of the Department of Children and |
Family Services, conviction information obtained from the |
Illinois State Police as a result of a fingerprint-based |
criminal history records check of the Illinois criminal |
history records database and the Federal Bureau of |
Investigation criminal history records database concerning |
a Department employee or Department applicant. |
(ii) Information obtained by the Department of |
Children and Family Services after performing a check of |
the Illinois State Police's Sex Offender Database, as |
authorized by Section 120 of the Sex Offender Community |
Notification Law, concerning a Department employee or |
Department applicant. |
(iii) Information obtained by the Department of |
|
Children and Family Services after performing a check of |
the Child Abuse and Neglect Tracking System (CANTS) |
operated and maintained by the Department. |
"Department employee" means a full-time or temporary |
employee coded or certified within the State of Illinois |
Personnel System. |
"Department applicant" means an individual who has |
conditional Department full-time or part-time work, a |
contractor, an individual used to replace or supplement staff, |
an academic intern, a volunteer in Department offices or on |
Department contracts, a work-study student, an individual or |
entity licensed by the Department, or an unlicensed service |
provider who works as a condition of a contract or an agreement |
and whose work may bring the unlicensed service provider into |
contact with Department clients or client records. |
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; |
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. |
8-20-21; 102-1014, eff. 5-27-22.)
|
(20 ILCS 505/17) (from Ch. 23, par. 5017)
|
Sec. 17. Youth and Community Services Program. The |
Department of Human
Services shall
develop a State program for |
youth and community services which will
assure that youth who |
come into contact or may come into contact with either the |
child welfare system or the juvenile the child
welfare and the |
juvenile justice system systems will have access to needed |
|
community,
prevention, diversion, emergency and independent |
living services. The term
"youth" means a person under the age |
of 19 years. The term "homeless youth"
means a youth who cannot |
be reunited with his or her family and is not in a
safe and |
stable living situation. This Section shall not be construed |
to
require the Department of Human Services to provide |
services under this
Section to any homeless youth who is at |
least 18 years of age but is younger
than 19 years of age; |
however, the Department may, in its discretion, provide
|
services under this Section to any such homeless youth.
|
(a) The goals of the program shall be to:
|
(1) maintain children and youths in their own |
community;
|
(2) eliminate unnecessary categorical funding of |
programs by funding more
comprehensive and integrated |
programs;
|
(3) encourage local volunteers and voluntary |
associations in developing
programs aimed at preventing |
and controlling juvenile delinquency;
|
(4) address voids in services and close service gaps;
|
(5) develop program models aimed at strengthening the |
relationships
between youth and their families and aimed |
at developing healthy,
independent lives for homeless |
youth;
|
(6) contain costs by redirecting funding to more |
comprehensive and
integrated community-based services; and
|
|
(7) coordinate education, employment, training and |
other programs for
youths with other State agencies.
|
(b) The duties of the Department under the program shall |
be
to:
|
(1) design models for service delivery by local |
communities;
|
(2) test alternative systems for delivering youth |
services;
|
(3) develop standards necessary to achieve and |
maintain, on a statewide
basis, more comprehensive and |
integrated community-based youth services;
|
(4) monitor and provide technical assistance to local |
boards and local
service systems;
|
(5) assist local organizations in developing programs |
which address the
problems of youths and their families |
through direct services, advocacy
with institutions, and |
improvement of local conditions; and
|
(6) (blank); and develop a statewide adoption |
awareness campaign aimed at pregnant
teenagers.
|
(7) establish temporary emergency placements for youth |
in crisis as defined by the Children's Behavioral Health |
Transformation Team through comprehensive community-based |
youth services provider grants. |
(A) Temporary emergency placements: |
(i) must be licensed through the Department of |
Children and Family Services or, in the case of a |
|
foster home or host home, by the supervising child |
welfare agency; |
(ii) must be strategically situated to meet |
regional need and minimize geographic disruption |
in consultation with the Children's Behavioral |
Health Transformation Officer and the Children's |
Behavioral Health Transformation Team; and |
(iii) shall include Comprehensive |
Community-Based Youth Services program host
homes, |
foster homes, homeless youth shelters, Department |
of Children and Family Services youth shelters, or |
other licensed placements for minor youth |
compliant with the Child Care Act of 1969 provided |
under the Comprehensive Community-Based Youth |
Services program. |
(B) Beginning on the effective date of this |
amendatory Act of the 103rd General Assembly, once |
sufficient capacity has been developed, temporary |
emergency placements must also include temporary |
emergency placement shelters provided under the |
Comprehensive Community-Based Youth Services program. |
Temporary emergency placement shelters shall be |
managed by Comprehensive Community-Based Youth |
Services provider organizations and shall be available |
to house youth receiving interim 24/7 crisis |
intervention services as defined by the Juvenile Court |
|
Act of 1987 and the Comprehensive Community-Based |
Youth Services program grant and the Department, and |
shall provide access to clinical supports for youth |
while staying at the shelter. |
(C) Comprehensive Community-Based Youth Services |
organizations shall retain the sole authority to place |
youth in host homes and temporary emergency placement |
shelters provided under the Comprehensive |
Community-Based Youth Services program. |
(D) Crisis youth, as defined by the Children's |
Behavioral Health Transformation Team, shall be |
prioritized in temporary emergency placements. |
(E) Additional placement options may be authorized |
for crisis and non-crisis program youth with the |
permission of the youth's parent or legal guardian. |
(F) While in a temporary emergency placement, the |
organization shall work with the parent, guardian, or |
custodian to effectuate the youth's return home or to |
an alternative long-term living arrangement. As |
necessary, the agency or association shall also work |
with the youth's local school district, the |
Department, the Department of Human Services, the |
Department of Healthcare and Family Services, and the |
Department of Juvenile Justice to identify immediate |
and long-term services, treatment, or placement. |
Nothing in this Section shall be construed or applied in a |
|
manner that would conflict with, diminish, or infringe upon, |
any State agency's obligation to comply fully with |
requirements imposed under a court order or State or federal |
consent decree applicable to that agency. |
(Source: P.A. 89-507, eff. 7-1-97.)
|
Section 17. The Mental Health and Developmental |
Disabilities Administrative Act is amended by adding Section |
11.4 as follows:
|
(20 ILCS 1705/11.4 new) |
Sec. 11.4. Care portal for families with children who have |
complex behavioral health needs. The Department shall |
establish and maintain a public-facing Care Portal to serve as |
a centralized resource for families with children who have |
significant and complex behavioral health needs. The Care |
Portal shall streamline the process of directing families and |
guardians to the appropriate level and type of care for their |
children. In consultation with the Children's Behavioral |
Health Transformation Officer, the Department shall develop |
specifications for the Care Portal that ensure automatic |
service eligibility matching, transparent data sharing, |
regular reporting, and appropriate staffing, among other |
items. The Department shall, in coordination with the |
Departments of Children and Family Services, Healthcare and |
Family Services, Juvenile Justice, and Public Health as well |
|
as the State Board of Education, develop training and |
communication for school districts, hospital social workers, |
and system partners to demonstrate how individuals can assist |
a family seeking youth behavioral health services and how to |
access the Care Portal. Such training must include information |
on the applicable federal and State law for the determination |
of the need for residential placements for educational |
purposes by individualized education program (IEP) teams. |
Procedures for use of the Care Portal must not prohibit or |
limit residential facilities from accepting students placed by |
school districts for educational purposes as determined by the |
IEP team.
|
Section 20. The School Code is amended by changing |
Sections 2-3.163, 14-7.02, and 14-15.01 and by adding Section |
2-3.196 as follows:
|
(105 ILCS 5/2-3.163) |
Sec. 2-3.163. Prioritization of Urgency of Need for |
Services database. |
(a) The General Assembly makes all of the following |
findings: |
(1) The Department of Human Services maintains a |
statewide database known as the Prioritization of Urgency |
of Need for Services that records information about |
individuals with developmental disabilities who are |
|
potentially in need of services. |
(2) The Department of Human Services uses the data on |
Prioritization of Urgency of Need for Services to select |
individuals for services as funding becomes available, to |
develop proposals and materials for budgeting, and to plan |
for future needs. |
(3) Prioritization of Urgency of Need for Services is |
available for children and adults with a developmental |
disability who have an unmet service need anticipated in |
the next 5 years. |
(4) Prioritization of Urgency of Need for Services is |
the first step toward getting developmental disabilities |
services in this State. If individuals are not on the |
Prioritization of Urgency of Need for Services waiting |
list, they are not in queue for State developmental |
disabilities services. |
(5) Prioritization of Urgency of Need for Services may |
be underutilized by children and their parents or |
guardians due to lack of awareness or lack of information. |
(b) The State Board of Education may work with school |
districts to inform all students with developmental |
disabilities and their parents or guardians about the |
Prioritization of Urgency of Need for Services database. |
(c) Subject to appropriation, the Department of Human |
Services and State Board of Education shall develop and |
implement an online, computer-based training program for at |
|
least one designated employee in every public school in this |
State to educate him or her about the Prioritization of |
Urgency of Need for Services database and steps to be taken to |
ensure children and adolescents are enrolled. The training |
shall include instruction for at least one designated employee |
in every public school in contacting the appropriate |
developmental disabilities Independent Service Coordination |
agency to enroll children and adolescents in the database. At |
least one designated employee in every public school shall |
ensure the opportunity to enroll in the Prioritization of |
Urgency of Need for Services database is discussed during |
annual individualized education program (IEP) meetings for all |
children and adolescents believed to have a developmental |
disability. |
(d) The State Board of Education, in consultation with the |
Department of Human Services, through school districts, shall |
provide to parents and guardians of students a copy of the |
Department of Human Services's guide titled "Understanding |
PUNS: A Guide to Prioritization for Urgency of Need for |
Services" each year at the annual review meeting for the |
student's individualized education program, including the |
consideration required in subsection (e) of this Section.
|
(e) The Department of Human Services shall consider the |
length of time spent on the Prioritization of Urgency of Need |
for Services waiting list, in addition to other factors |
considered, when selecting individuals on the list for |
|
services. |
(f) Subject to appropriation, the Department of Human |
Services shall expand its selection of individuals from the |
Prioritization of Urgency of Need for Services database to |
include individuals who receive services through the Children |
and Young Adults with Developmental Disabilities - Support |
Waiver. |
(Source: P.A. 102-57, eff. 7-9-21.)
|
(105 ILCS 5/2-3.196 new) |
Sec. 2-3.196. Mental health screenings. On or before |
December 15, 2023, the State Board of Education, in |
consultation with the Children's Behavioral Health |
Transformation Officer, Children's Behavioral Health |
Transformation Team, and the Office of the Governor, shall |
file a report with the Governor and the General Assembly that |
includes recommendations for implementation of mental health |
screenings in schools for students enrolled in kindergarten |
through grade 12. This report must include a landscape scan of |
current district-wide screenings, recommendations for |
screening tools, training for staff, and linkage and referral |
for identified students.
|
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
|
Sec. 14-7.02. Children attending private schools, public
|
out-of-state schools, public school residential facilities or |
|
private
special education facilities. |
(a) The General Assembly recognizes that non-public
|
schools or special education facilities provide an important |
service in the
educational system in Illinois.
|
(b) If a student's individualized education program (IEP) |
team determines that because of his or her disability the |
special education
program of a district is unable to meet the |
needs of the child and the
child attends a non-public school or |
special education facility, a
public out-of-state school or a |
special education facility owned and
operated by a county |
government unit that provides special educational
services |
required by the child and is in compliance with the |
appropriate
rules and regulations of the State Superintendent |
of Education, the
school district in which the child is a |
resident shall pay the actual
cost of tuition for special |
education and related services provided
during the regular |
school term and during the summer school term if the
child's |
educational needs so require, excluding room, board and
|
transportation costs charged the child by that non-public |
school or
special education facility, public out-of-state |
school or county special
education facility, or $4,500 per |
year, whichever is less, and shall
provide him any necessary |
transportation. "Nonpublic special
education facility" shall |
include a residential facility,
within or without the State of |
Illinois, which provides
special education and related |
services to meet the needs of the child by
utilizing private |
|
schools or public schools, whether located on the site
or off |
the site of the residential facility. Resident district |
financial responsibility and reimbursement applies for both |
nonpublic special education facilities that are approved by |
the State Board of Education pursuant to 23 Ill. Adm. Code 401 |
or other applicable laws or rules and for emergency placements |
in nonpublic special education facilities that are not |
approved by the State Board of Education pursuant to 23 Ill. |
Adm. Code 401 or other applicable laws or rules, subject to the |
requirements of this Section.
|
(c) Prior to the placement of a child in an out-of-state |
special education residential facility, the school district |
must refer to the child or the child's parent or guardian the |
option to place the child in a special education residential |
facility located within this State, if any, that provides |
treatment and services comparable to those provided by the |
out-of-state special education residential facility. The |
school district must review annually the placement of a child |
in an out-of-state special education residential facility. As |
a part of the review, the school district must refer to the |
child or the child's parent or guardian the option to place the |
child in a comparable special education residential facility |
located within this State, if any. |
(c-5) Before a provider that operates a nonpublic special |
education facility terminates a student's placement in that |
facility, the provider must request an IEP meeting from the |
|
contracting school district. If the provider elects to |
terminate the student's placement following the IEP meeting, |
the provider must give written notice to this effect to the |
parent or guardian, the contracting public school district, |
and the State Board of Education no later than 20 business days |
before the date of termination, unless the health and safety |
of any student are endangered. The notice must include the |
detailed reasons for the termination and any actions taken to |
address the reason for the termination. |
(d) Payments shall be made by the resident school district |
to the entity providing the educational services, whether the |
entity is the nonpublic special education facility or the |
school district wherein the facility is located, no less than |
once per quarter, unless otherwise agreed to in writing by the |
parties. |
(e) A school district may place a student in a nonpublic |
special education facility providing educational services, but |
not approved by the State Board of Education pursuant to 23 |
Ill. Adm. Code 401 or other applicable laws or rules, provided |
that the State Board of Education provides an emergency and |
student-specific approval for placement. The State Board of |
Education shall promptly, within 10 days after the request, |
approve a request for emergency and student-specific approval |
for placement if the following have been demonstrated to the |
State Board of Education: |
(1) the facility demonstrates appropriate licensure of |
|
teachers for the student population; |
(2) the facility demonstrates age-appropriate |
curriculum; |
(3) the facility provides enrollment and attendance |
data; |
(4) the facility demonstrates the ability to implement |
the child's IEP; and |
(5) the school district demonstrates that it made good |
faith efforts to place the student in an approved |
facility, but no approved facility has accepted the |
student or has availability for immediate placement of the |
student. |
A resident school district may also submit such proof to the |
State Board of Education as may be required for its student. |
The State Board of Education may not unreasonably withhold |
approval once satisfactory proof is provided to the State |
Board. |
(f) If an impartial due process hearing officer who is |
contracted by the State Board of Education pursuant to this |
Article orders placement of a student with a disability in a |
residential facility that is not approved by the State Board |
of Education, then, for purposes of this Section, the facility |
shall be deemed approved for placement and school district |
payments and State reimbursements shall be made accordingly. |
(g) Emergency placement in a facility approved pursuant to |
subsection (e) or (f) may continue to be utilized so long as |
|
(i) the student's IEP team determines annually that such |
placement continues to be appropriate to meet the student's |
needs and (ii) at least every 3 years following the student's |
placement, the IEP team reviews appropriate placements |
approved by the State Board of Education pursuant to 23 Ill. |
Adm. Code 401 or other applicable laws or rules to determine |
whether there are any approved placements that can meet the |
student's needs, have accepted the student, and have |
availability for placement of the student. |
(h) The State Board of Education shall promulgate rules |
and regulations
for determining when placement in a private |
special education facility
is appropriate. Such rules and |
regulations shall take into account
the various types of |
services needed by a child and the availability
of such |
services to the particular child in the public school.
In |
developing these rules and regulations the State Board of
|
Education shall consult with the Advisory Council on
Education |
of Children with Disabilities and hold public
hearings to |
secure recommendations from parents, school personnel,
and |
others concerned about this matter.
|
The State Board of Education shall also promulgate rules |
and
regulations for transportation to and from a residential |
school.
Transportation to and from home to a residential |
school more than once
each school term shall be subject to |
prior approval by the State
Superintendent in accordance with |
the rules and regulations of the State
Board.
|
|
(i) A school district making tuition payments pursuant to |
this
Section is eligible for reimbursement from the State for |
the amount of
such payments actually made in excess of the |
district per capita tuition
charge for students not receiving |
special education services.
Such reimbursement shall be |
approved in accordance with Section 14-12.01
and each district |
shall file its claims, computed in accordance with rules
|
prescribed by the State Board of Education, on forms |
prescribed by the
State Superintendent of Education. Data used |
as a basis of reimbursement
claims shall be for the preceding |
regular school term and summer school
term. Each school |
district shall transmit its claims to the State Board of |
Education
on or before
August 15. The State Board of |
Education, before approving any such claims,
shall determine |
their accuracy and whether they are based upon services
and |
facilities provided under approved programs. Upon approval the |
State
Board shall cause vouchers to be prepared showing the |
amount due
for payment of reimbursement claims to school
|
districts, for transmittal to the State Comptroller on
the |
30th day of September, December, and March, respectively, and |
the final
voucher, no later than June 20. If the
money |
appropriated by the General Assembly for such purpose for any |
year
is insufficient, it shall be apportioned on the basis of |
the claims approved.
|
(j) No child shall be placed in a special education |
program pursuant to
this Section if the tuition cost for |
|
special education and related
services increases more than 10 |
percent over the tuition cost for the
previous school year or |
exceeds $4,500 per year unless such costs have
been approved |
by the Illinois Purchased Care Review Board. The
Illinois |
Purchased Care Review Board shall consist of the following
|
persons, or their designees: the Directors of Children and |
Family
Services, Public Health,
Public Aid, and the
Governor's |
Office of Management and Budget; the
Secretary of Human |
Services; the State Superintendent of Education; and such
|
other persons as the
Governor may designate. The Review Board |
shall also consist of one non-voting member who is an |
administrator of a
private, nonpublic, special education |
school. The Review Board shall establish rules and
regulations |
for its determination of allowable costs and payments made by
|
local school districts for special education, room and board, |
and other related
services provided by non-public schools or |
special education facilities and
shall establish uniform |
standards and criteria which it shall follow. The Review Board |
shall approve the usual and customary rate or rates of a |
special education program that (i) is offered by an |
out-of-state, non-public provider of integrated autism |
specific educational and autism specific residential services, |
(ii) offers 2 or more levels of residential care, including at |
least one locked facility, and (iii) serves 12 or fewer |
Illinois students. |
(k) In determining rates based on allowable costs, the |
|
Review Board shall consider any wage increases awarded by the |
General Assembly to front line personnel defined as direct |
support persons, aides, front-line supervisors, qualified |
intellectual disabilities professionals, nurses, and |
non-administrative support staff working in service settings |
in community-based settings within the State and adjust |
customary rates or rates of a special education program to be |
equitable to the wage increase awarded to similar staff |
positions in a community residential setting. Any wage |
increase awarded by the General Assembly to front line |
personnel defined as direct support persons, aides, front-line |
supervisors, qualified intellectual disabilities |
professionals, nurses, and non-administrative support staff |
working in community-based settings within the State, |
including the $0.75 per hour increase contained in Public Act |
100-23 and the $0.50 per hour increase included in Public Act |
100-23, shall also be a basis for any facility covered by this |
Section to appeal its rate before the Review Board under the |
process defined in Title 89, Part 900, Section 340 of the |
Illinois Administrative Code. Illinois Administrative Code |
Title 89, Part 900, Section 342 shall be updated to recognize |
wage increases awarded to community-based settings to be a |
basis for appeal. However, any wage increase that is captured |
upon appeal from a previous year shall not be counted by the |
Review Board as revenue for the purpose of calculating a |
facility's future rate. |
|
(l) Any definition used by the Review Board in |
administrative rule or policy to define "related |
organizations" shall include any and all exceptions contained |
in federal law or regulation as it pertains to the federal |
definition of "related organizations".
|
(m) The Review Board shall establish uniform definitions |
and criteria for
accounting separately by special education, |
room and board and other
related services costs. The Board |
shall also establish guidelines for
the coordination of |
services and financial assistance provided by all
State |
agencies to assure that no otherwise qualified child with a |
disability
receiving services under Article 14 shall be |
excluded from participation
in, be denied the benefits of or |
be subjected to discrimination under
any program or activity |
provided by any State agency.
|
(n) The Review Board shall review the costs for special |
education and
related services provided by non-public schools |
or special education
facilities and shall approve or |
disapprove such facilities in accordance
with the rules and |
regulations established by it with respect to
allowable costs.
|
(o) The State Board of Education shall provide |
administrative and staff support
for the Review Board as |
deemed reasonable by the State Superintendent of
Education. |
This support shall not include travel expenses or other
|
compensation for any Review Board member other than the State |
Superintendent of
Education.
|
|
(p) The Review Board shall seek the advice of the Advisory |
Council on
Education of Children with Disabilities on the |
rules and
regulations to be
promulgated by it relative to |
providing special education services.
|
(q) If a child has been placed in a program in which the |
actual per pupil costs
of tuition for special education and |
related services based on program
enrollment, excluding room, |
board and transportation costs, exceed $4,500 and
such costs |
have been approved by the Review Board, the district shall pay |
such
total costs which exceed $4,500. A district making such |
tuition payments in
excess of $4,500 pursuant to this Section |
shall be responsible for an amount in
excess of $4,500 equal to |
the district per capita
tuition charge and shall be eligible |
for reimbursement from the State for
the amount of such |
payments actually made in excess of the districts per capita
|
tuition charge for students not receiving special education |
services.
|
(r) If a child has been placed in an approved individual |
program and the
tuition costs including room and board costs |
have been approved by the
Review Board, then such room and |
board costs shall be paid by the
appropriate State agency |
subject to the provisions of Section 14-8.01 of
this Act. Room |
and board costs not provided by a State agency other
than the |
State Board of Education shall be provided by the State Board
|
of Education on a current basis. In no event, however, shall |
the
State's liability for funding of these tuition costs begin |
|
until after
the legal obligations of third party payors have |
been subtracted from
such costs. If the money appropriated by |
the General Assembly for such
purpose for any year is |
insufficient, it shall be apportioned on the
basis of the |
claims approved. Each district shall submit estimated claims |
to the State
Superintendent of Education. Upon approval of |
such claims, the State
Superintendent of Education shall |
direct the State Comptroller to make payments
on a monthly |
basis. The frequency for submitting estimated
claims and the |
method of determining payment shall be prescribed in rules
and |
regulations adopted by the State Board of Education. Such |
current state
reimbursement shall be reduced by an amount |
equal to the proceeds which
the child or child's parents are |
eligible to receive under any public or
private insurance or |
assistance program. Nothing in this Section shall
be construed |
as relieving an insurer or similar third party from an
|
otherwise valid obligation to provide or to pay for services |
provided to
a child with a disability.
|
(s) If it otherwise qualifies, a school district is |
eligible for the
transportation reimbursement under Section |
14-13.01 and for the
reimbursement of tuition payments under |
this Section whether the
non-public school or special |
education facility, public out-of-state
school or county |
special education facility, attended by a child who
resides in |
that district and requires special educational services, is
|
within or outside of the State of Illinois. However, a |
|
district is not
eligible to claim transportation reimbursement |
under this Section unless
the district certifies to the State |
Superintendent of Education that the
district is unable to |
provide special educational services required by
the child for |
the current school year.
|
(t) Nothing in this Section authorizes the reimbursement |
of a school
district for the amount paid for tuition of a child |
attending a
non-public school or special education facility, |
public out-of-state
school or county special education |
facility unless the school district
certifies to the State |
Superintendent of Education that the special
education program |
of that district is unable to meet the needs of that child
|
because of his disability and the State Superintendent of |
Education finds
that the school district is in substantial |
compliance with Section 14-4.01. However, if a child is |
unilaterally placed by a State agency or any court in a |
non-public school or special education facility, public |
out-of-state school, or county special education facility, a |
school district shall not be required to certify to the State |
Superintendent of Education, for the purpose of tuition |
reimbursement, that the special education program of that |
district is unable to meet the needs of a child because of his |
or her disability.
|
(u) Any educational or related services provided, pursuant |
to this
Section in a non-public school or special education |
facility or a
special education facility owned and operated by |
|
a county government
unit shall be at no cost to the parent or |
guardian of the child.
However, current law and practices |
relative to contributions by parents
or guardians for costs |
other than educational or related services are
not affected by |
this amendatory Act of 1978.
|
(v) Reimbursement for children attending public school |
residential facilities
shall be made in accordance with the |
provisions of this Section.
|
(w) Notwithstanding any other provision of law, any school |
district
receiving a payment under this Section or under |
Section 14-7.02b, 14-13.01, or
29-5 of this Code may classify |
all or a portion of the funds that
it receives in a particular |
fiscal year or from general State aid pursuant
to Section |
18-8.05 of this Code
as funds received in connection with any |
funding program for which
it is entitled to receive funds from |
the State in that fiscal year (including,
without limitation, |
any funding program referenced in this Section),
regardless of |
the source or timing of the receipt. The district may not
|
classify more funds as funds received in connection with the |
funding
program than the district is entitled to receive in |
that fiscal year for that
program. Any
classification by a |
district must be made by a resolution of its board of
|
education. The resolution must identify the amount of any |
payments or
general State aid to be classified under this |
paragraph and must specify
the funding program to which the |
funds are to be treated as received in
connection therewith. |
|
This resolution is controlling as to the
classification of |
funds referenced therein. A certified copy of the
resolution |
must be sent to the State Superintendent of Education.
The |
resolution shall still take effect even though a copy of the |
resolution has
not been sent to the State
Superintendent of |
Education in a timely manner.
No
classification under this |
paragraph by a district shall affect the total amount
or |
timing of money the district is entitled to receive under this |
Code.
No classification under this paragraph by a district |
shall
in any way relieve the district from or affect any
|
requirements that otherwise would apply with respect to
that |
funding program, including any
accounting of funds by source, |
reporting expenditures by
original source and purpose,
|
reporting requirements,
or requirements of providing services.
|
(Source: P.A. 101-10, eff. 6-5-19; 102-254, eff. 8-6-21; |
102-703, eff. 4-22-22.)
|
(105 ILCS 5/14-15.01) (from Ch. 122, par. 14-15.01)
|
Sec. 14-15.01. Community and Residential Services |
Authority.
|
(a) (1) The Community and Residential Services Authority |
is
hereby created and shall consist of the following members:
|
A representative of the State Board of Education;
|
Four representatives of the Department of Human Services |
appointed by the Secretary of Human Services,
with one member |
from the Division of Community Health and
Prevention, one |
|
member from the Division of Developmental Disabilities, one |
member
from the Division of Mental Health, and one member from |
the Division of
Rehabilitation Services;
|
A representative of the Department of Children and Family |
Services;
|
A representative of the Department of Juvenile Justice;
|
A representative of the Department of Healthcare and |
Family Services;
|
A representative of the Attorney General's Disability |
Rights Advocacy
Division;
|
The Chairperson and Minority Spokesperson of the House and |
Senate
Committees on Elementary and Secondary Education or |
their designees; and
|
Six persons appointed by the Governor. Five of such
|
appointees shall be experienced or knowledgeable relative to
|
provision of services for individuals with a behavior
disorder
|
or a severe emotional disturbance
and shall include |
representatives of
both the private and public sectors, except |
that no more than 2 of those 5
appointees may be from the |
public sector and at least 2 must be or have been
directly |
involved in provision of services to such individuals. The |
remaining
member appointed by the Governor shall be or shall |
have been a parent of an
individual with a
behavior disorder or |
a severe emotional disturbance, and
that appointee may be from |
either the private or the public sector.
|
(2) Members appointed by the Governor shall be appointed |
|
for terms
of 4 years and shall continue to serve until their |
respective successors are
appointed; provided that the terms |
of the original
appointees shall expire on August 1, 1990. Any |
vacancy in the office of a
member appointed by the Governor |
shall be filled by appointment of the
Governor for the |
remainder of the term.
|
A vacancy in the office of a member appointed by the |
Governor exists when
one or more of the following events |
occur:
|
(i) An appointee dies;
|
(ii) An appointee files a written resignation with the |
Governor;
|
(iii) An appointee ceases to be a legal resident of |
the State of Illinois;
or
|
(iv) An appointee fails to attend a majority of |
regularly scheduled
Authority meetings in a fiscal year.
|
Members who are representatives of an agency shall serve |
at the will
of the agency head. Membership on the Authority |
shall cease immediately
upon cessation of their affiliation |
with the agency. If such a vacancy
occurs, the appropriate |
agency head shall appoint another person to represent
the |
agency.
|
If a legislative member of the Authority ceases to be |
Chairperson or
Minority Spokesperson of the designated |
Committees, they shall
automatically be replaced on the |
Authority by the person who assumes the
position of |
|
Chairperson or Minority Spokesperson.
|
(b) The Community and Residential Services Authority shall |
have the
following powers and duties:
|
(1) Serve as a Parent/Guardian Navigator Assistance |
Program, to work directly with parents/guardians of youth |
with behavioral health concerns to provide assistance |
coordinating efforts with public agencies, including but |
not limited to local school district, State Board of |
Education, the Department of Human Services, Department of |
Children and Family Services, the Department of Healthcare |
and Family Services, Department of Public Health, and |
Department of Juvenile Justice. To conduct surveys to |
determine the extent of need, the degree to
which |
documented need is currently being met and feasible |
alternatives for
matching need with resources.
|
(2) Work in conjunction with the new Care Portal and |
Care Portal Team to utilize the centralized IT platform |
for communication and case management, including |
collaboration on the development of Portal training, |
communications to the public, business processes for case |
triage, assignment, and referral. To develop policy |
statements for interagency cooperation to cover
all |
aspects of service delivery, including laws, regulations |
and
procedures, and clear guidelines for determining |
responsibility at all times.
|
(3) To develop and submit to the Governor, the General |
|
Assembly, the Directors of the agencies represented on the |
Authority, and State Board of Education a master plan for |
operating the Parent/Guardian Navigator Assistance |
Program, including how referrals are made, plan for |
dispute relative to plans of service or funding for plans |
of service, plans to include parents with lived experience |
as peer supports. To recommend policy statements
and |
provide information regarding effective programs for |
delivery of
services to all individuals under 22 years of |
age with a behavior disorder
or a severe emotional |
disturbance in public or private situations.
|
(4) (Blank). To review the criteria for service |
eligibility, provision and
availability established by the |
governmental agencies represented on this
Authority, and |
to recommend changes, additions or deletions to such |
criteria.
|
(5) (Blank). To develop and submit to the Governor, |
the General Assembly, the
Directors of the agencies |
represented on the Authority, and the
State Board of |
Education a master plan for individuals under 22 years of
|
age with a
behavior disorder or a severe emotional |
disturbance,
including
detailed plans of service ranging |
from the least to the most
restrictive options; and to |
assist local communities, upon request, in
developing
or |
strengthening collaborative interagency networks.
|
(6) (Blank). To develop a process for making |
|
determinations in situations where
there is a dispute |
relative to a plan of service for
individuals or funding |
for a plan of service.
|
(7) (Blank). To provide technical assistance to |
parents, service consumers,
providers, and member agency |
personnel regarding statutory responsibilities
of human |
service and educational agencies, and to provide such |
assistance
as deemed necessary to appropriately access |
needed services.
|
(8) (Blank). To establish a pilot program to act as a |
residential research hub to research and identify |
appropriate residential settings for youth who are being |
housed in an emergency room for more than 72 hours or who |
are deemed beyond medical necessity in a psychiatric |
hospital. If a child is deemed beyond medical necessity in |
a psychiatric hospital and is in need of residential |
placement, the goal of the program is to prevent a |
lock-out pursuant to the goals of the Custody |
Relinquishment Prevention Act. |
(c) (1) The members of the Authority shall receive no |
compensation for
their services but shall be entitled to |
reimbursement of reasonable
expenses incurred while performing |
their duties.
|
(2) The Authority may appoint special study groups to |
operate under
the direction of the Authority and persons |
appointed to such groups shall
receive only reimbursement of |
|
reasonable expenses incurred in the
performance of their |
duties.
|
(3) The Authority shall elect from its membership a |
chairperson,
vice-chairperson and secretary.
|
(4) The Authority may employ and fix the compensation of
|
such employees and technical assistants as it deems necessary |
to carry out
its powers and duties under this Act. Staff |
assistance for the Authority
shall be provided by the State |
Board of Education.
|
(5) Funds for the ordinary and contingent expenses of the |
Authority
shall be appropriated to the State Board of |
Education in a separate line item.
|
(d) (1) The Authority shall have power to promulgate rules |
and
regulations to carry out its powers and duties under this |
Act.
|
(2) The Authority may accept monetary gifts or grants from |
the federal
government or any agency thereof, from any |
charitable foundation or
professional association or from any |
other reputable source for
implementation of any program |
necessary or desirable to the carrying out of
the general |
purposes of the Authority. Such gifts and grants may be
held in |
trust by the Authority and expended in the exercise of its |
powers
and performance of its duties as prescribed by law.
|
(3) The Authority shall submit an annual report of its |
activities and
expenditures to the Governor, the General |
Assembly, the
directors of agencies represented on the |
|
Authority, and the State
Superintendent of Education , due |
January 1 of each year .
|
(e) The Executive Director of the Authority or his or her |
designee shall be added as a participant on the Interagency |
Clinical Team established in the intergovernmental agreement |
among the Department of Healthcare and Family Services, the |
Department of Children and Family Services, the Department of |
Human Services, the State Board of Education, the Department |
of Juvenile Justice, and the Department of Public Health, with |
consent of the youth or the youth's guardian or family |
pursuant to the Custody Relinquishment Prevention Act. |
(Source: P.A. 102-43, eff. 7-6-21.)
|
Section 25. The Illinois Public Aid Code is amended by |
changing Section 5-30.1 as follows:
|
(305 ILCS 5/5-30.1) |
Sec. 5-30.1. Managed care protections. |
(a) As used in this Section: |
"Managed care organization" or "MCO" means any entity |
which contracts with the Department to provide services where |
payment for medical services is made on a capitated basis. |
"Emergency services" include: |
(1) emergency services, as defined by Section 10 of |
the Managed Care Reform and Patient Rights Act; |
(2) emergency medical screening examinations, as |
|
defined by Section 10 of the Managed Care Reform and |
Patient Rights Act; |
(3) post-stabilization medical services, as defined by |
Section 10 of the Managed Care Reform and Patient Rights |
Act; and |
(4) emergency medical conditions, as defined by
|
Section 10 of the Managed Care Reform and Patient Rights
|
Act. |
(b) As provided by Section 5-16.12, managed care |
organizations are subject to the provisions of the Managed |
Care Reform and Patient Rights Act. |
(c) An MCO shall pay any provider of emergency services |
that does not have in effect a contract with the contracted |
Medicaid MCO. The default rate of reimbursement shall be the |
rate paid under Illinois Medicaid fee-for-service program |
methodology, including all policy adjusters, including but not |
limited to Medicaid High Volume Adjustments, Medicaid |
Percentage Adjustments, Outpatient High Volume Adjustments, |
and all outlier add-on adjustments to the extent such |
adjustments are incorporated in the development of the |
applicable MCO capitated rates. |
(d) An MCO shall pay for all post-stabilization services |
as a covered service in any of the following situations: |
(1) the MCO authorized such services; |
(2) such services were administered to maintain the |
enrollee's stabilized condition within one hour after a |
|
request to the MCO for authorization of further |
post-stabilization services; |
(3) the MCO did not respond to a request to authorize |
such services within one hour; |
(4) the MCO could not be contacted; or |
(5) the MCO and the treating provider, if the treating |
provider is a non-affiliated provider, could not reach an |
agreement concerning the enrollee's care and an affiliated |
provider was unavailable for a consultation, in which case |
the MCO
must pay for such services rendered by the |
treating non-affiliated provider until an affiliated |
provider was reached and either concurred with the |
treating non-affiliated provider's plan of care or assumed |
responsibility for the enrollee's care. Such payment shall |
be made at the default rate of reimbursement paid under |
Illinois Medicaid fee-for-service program methodology, |
including all policy adjusters, including but not limited |
to Medicaid High Volume Adjustments, Medicaid Percentage |
Adjustments, Outpatient High Volume Adjustments and all |
outlier add-on adjustments to the extent that such |
adjustments are incorporated in the development of the |
applicable MCO capitated rates. |
(e) The following requirements apply to MCOs in |
determining payment for all emergency services: |
(1) MCOs shall not impose any requirements for prior |
approval of emergency services. |
|
(2) The MCO shall cover emergency services provided to |
enrollees who are temporarily away from their residence |
and outside the contracting area to the extent that the |
enrollees would be entitled to the emergency services if |
they still were within the contracting area. |
(3) The MCO shall have no obligation to cover medical |
services provided on an emergency basis that are not |
covered services under the contract. |
(4) The MCO shall not condition coverage for emergency |
services on the treating provider notifying the MCO of the |
enrollee's screening and treatment within 10 days after |
presentation for emergency services. |
(5) The determination of the attending emergency |
physician, or the provider actually treating the enrollee, |
of whether an enrollee is sufficiently stabilized for |
discharge or transfer to another facility, shall be |
binding on the MCO. The MCO shall cover emergency services |
for all enrollees whether the emergency services are |
provided by an affiliated or non-affiliated provider. |
(6) The MCO's financial responsibility for |
post-stabilization care services it has not pre-approved |
ends when: |
(A) a plan physician with privileges at the |
treating hospital assumes responsibility for the |
enrollee's care; |
(B) a plan physician assumes responsibility for |
|
the enrollee's care through transfer; |
(C) a contracting entity representative and the |
treating physician reach an agreement concerning the |
enrollee's care; or |
(D) the enrollee is discharged. |
(f) Network adequacy and transparency. |
(1) The Department shall: |
(A) ensure that an adequate provider network is in |
place, taking into consideration health professional |
shortage areas and medically underserved areas; |
(B) publicly release an explanation of its process |
for analyzing network adequacy; |
(C) periodically ensure that an MCO continues to |
have an adequate network in place; |
(D) require MCOs, including Medicaid Managed Care |
Entities as defined in Section 5-30.2, to meet |
provider directory requirements under Section 5-30.3; |
(E) require MCOs to ensure that any |
Medicaid-certified provider
under contract with an MCO |
and previously submitted on a roster on the date of |
service is
paid for any medically necessary, |
Medicaid-covered, and authorized service rendered to
|
any of the MCO's enrollees, regardless of inclusion on
|
the MCO's published and publicly available directory |
of
available providers; and |
(F) require MCOs, including Medicaid Managed Care |
|
Entities as defined in Section 5-30.2, to meet each of |
the requirements under subsection (d-5) of Section 10 |
of the Network Adequacy and Transparency Act; with |
necessary exceptions to the MCO's network to ensure |
that admission and treatment with a provider or at a |
treatment facility in accordance with the network |
adequacy standards in paragraph (3) of subsection |
(d-5) of Section 10 of the Network Adequacy and |
Transparency Act is limited to providers or facilities |
that are Medicaid certified. |
(2) Each MCO shall confirm its receipt of information |
submitted specific to physician or dentist additions or |
physician or dentist deletions from the MCO's provider |
network within 3 days after receiving all required |
information from contracted physicians or dentists, and |
electronic physician and dental directories must be |
updated consistent with current rules as published by the |
Centers for Medicare and Medicaid Services or its |
successor agency. |
(g) Timely payment of claims. |
(1) The MCO shall pay a claim within 30 days of |
receiving a claim that contains all the essential |
information needed to adjudicate the claim. |
(2) The MCO shall notify the billing party of its |
inability to adjudicate a claim within 30 days of |
receiving that claim. |
|
(3) The MCO shall pay a penalty that is at least equal |
to the timely payment interest penalty imposed under |
Section 368a of the Illinois Insurance Code for any claims |
not timely paid. |
(A) When an MCO is required to pay a timely payment |
interest penalty to a provider, the MCO must calculate |
and pay the timely payment interest penalty that is |
due to the provider within 30 days after the payment of |
the claim. In no event shall a provider be required to |
request or apply for payment of any owed timely |
payment interest penalties. |
(B) Such payments shall be reported separately |
from the claim payment for services rendered to the |
MCO's enrollee and clearly identified as interest |
payments. |
(4)(A) The Department shall require MCOs to expedite |
payments to providers identified on the Department's |
expedited provider list, determined in accordance with 89 |
Ill. Adm. Code 140.71(b), on a schedule at least as |
frequently as the providers are paid under the |
Department's fee-for-service expedited provider schedule. |
(B) Compliance with the expedited provider requirement |
may be satisfied by an MCO through the use of a Periodic |
Interim Payment (PIP) program that has been mutually |
agreed to and documented between the MCO and the provider, |
if the PIP program ensures that any expedited provider |
|
receives regular and periodic payments based on prior |
period payment experience from that MCO. Total payments |
under the PIP program may be reconciled against future PIP |
payments on a schedule mutually agreed to between the MCO |
and the provider. |
(C) The Department shall share at least monthly its |
expedited provider list and the frequency with which it |
pays providers on the expedited list. |
(g-5) Recognizing that the rapid transformation of the |
Illinois Medicaid program may have unintended operational |
challenges for both payers and providers: |
(1) in no instance shall a medically necessary covered |
service rendered in good faith, based upon eligibility |
information documented by the provider, be denied coverage |
or diminished in payment amount if the eligibility or |
coverage information available at the time the service was |
rendered is later found to be inaccurate in the assignment |
of coverage responsibility between MCOs or the |
fee-for-service system, except for instances when an |
individual is deemed to have not been eligible for |
coverage under the Illinois Medicaid program; and |
(2) the Department shall, by December 31, 2016, adopt |
rules establishing policies that shall be included in the |
Medicaid managed care policy and procedures manual |
addressing payment resolutions in situations in which a |
provider renders services based upon information obtained |
|
after verifying a patient's eligibility and coverage plan |
through either the Department's current enrollment system |
or a system operated by the coverage plan identified by |
the patient presenting for services: |
(A) such medically necessary covered services |
shall be considered rendered in good faith; |
(B) such policies and procedures shall be |
developed in consultation with industry |
representatives of the Medicaid managed care health |
plans and representatives of provider associations |
representing the majority of providers within the |
identified provider industry; and |
(C) such rules shall be published for a review and |
comment period of no less than 30 days on the |
Department's website with final rules remaining |
available on the Department's website. |
The rules on payment resolutions shall include, but |
not be limited to: |
(A) the extension of the timely filing period; |
(B) retroactive prior authorizations; and |
(C) guaranteed minimum payment rate of no less |
than the current, as of the date of service, |
fee-for-service rate, plus all applicable add-ons, |
when the resulting service relationship is out of |
network. |
The rules shall be applicable for both MCO coverage |
|
and fee-for-service coverage. |
If the fee-for-service system is ultimately determined to |
have been responsible for coverage on the date of service, the |
Department shall provide for an extended period for claims |
submission outside the standard timely filing requirements. |
(g-6) MCO Performance Metrics Report. |
(1) The Department shall publish, on at least a |
quarterly basis, each MCO's operational performance, |
including, but not limited to, the following categories of |
metrics: |
(A) claims payment, including timeliness and |
accuracy; |
(B) prior authorizations; |
(C) grievance and appeals; |
(D) utilization statistics; |
(E) provider disputes; |
(F) provider credentialing; and |
(G) member and provider customer service. |
(2) The Department shall ensure that the metrics |
report is accessible to providers online by January 1, |
2017. |
(3) The metrics shall be developed in consultation |
with industry representatives of the Medicaid managed care |
health plans and representatives of associations |
representing the majority of providers within the |
identified industry. |
|
(4) Metrics shall be defined and incorporated into the |
applicable Managed Care Policy Manual issued by the |
Department. |
(g-7) MCO claims processing and performance analysis. In |
order to monitor MCO payments to hospital providers, pursuant |
to Public Act 100-580, the Department shall post an analysis |
of MCO claims processing and payment performance on its |
website every 6 months. Such analysis shall include a review |
and evaluation of a representative sample of hospital claims |
that are rejected and denied for clean and unclean claims and |
the top 5 reasons for such actions and timeliness of claims |
adjudication, which identifies the percentage of claims |
adjudicated within 30, 60, 90, and over 90 days, and the dollar |
amounts associated with those claims. |
(g-8) Dispute resolution process. The Department shall |
maintain a provider complaint portal through which a provider |
can submit to the Department unresolved disputes with an MCO. |
An unresolved dispute means an MCO's decision that denies in |
whole or in part a claim for reimbursement to a provider for |
health care services rendered by the provider to an enrollee |
of the MCO with which the provider disagrees. Disputes shall |
not be submitted to the portal until the provider has availed |
itself of the MCO's internal dispute resolution process. |
Disputes that are submitted to the MCO internal dispute |
resolution process may be submitted to the Department of |
Healthcare and Family Services' complaint portal no sooner |
|
than 30 days after submitting to the MCO's internal process |
and not later than 30 days after the unsatisfactory resolution |
of the internal MCO process or 60 days after submitting the |
dispute to the MCO internal process. Multiple claim disputes |
involving the same MCO may be submitted in one complaint, |
regardless of whether the claims are for different enrollees, |
when the specific reason for non-payment of the claims |
involves a common question of fact or policy. Within 10 |
business days of receipt of a complaint, the Department shall |
present such disputes to the appropriate MCO, which shall then |
have 30 days to issue its written proposal to resolve the |
dispute. The Department may grant one 30-day extension of this |
time frame to one of the parties to resolve the dispute. If the |
dispute remains unresolved at the end of this time frame or the |
provider is not satisfied with the MCO's written proposal to |
resolve the dispute, the provider may, within 30 days, request |
the Department to review the dispute and make a final |
determination. Within 30 days of the request for Department |
review of the dispute, both the provider and the MCO shall |
present all relevant information to the Department for |
resolution and make individuals with knowledge of the issues |
available to the Department for further inquiry if needed. |
Within 30 days of receiving the relevant information on the |
dispute, or the lapse of the period for submitting such |
information, the Department shall issue a written decision on |
the dispute based on contractual terms between the provider |
|
and the MCO, contractual terms between the MCO and the |
Department of Healthcare and Family Services and applicable |
Medicaid policy. The decision of the Department shall be |
final. By January 1, 2020, the Department shall establish by |
rule further details of this dispute resolution process. |
Disputes between MCOs and providers presented to the |
Department for resolution are not contested cases, as defined |
in Section 1-30 of the Illinois Administrative Procedure Act, |
conferring any right to an administrative hearing. |
(g-9)(1) The Department shall publish annually on its |
website a report on the calculation of each managed care |
organization's medical loss ratio showing the following: |
(A) Premium revenue, with appropriate adjustments. |
(B) Benefit expense, setting forth the aggregate |
amount spent for the following: |
(i) Direct paid claims. |
(ii) Subcapitation payments. |
(iii)
Other claim payments. |
(iv)
Direct reserves. |
(v)
Gross recoveries. |
(vi)
Expenses for activities that improve health |
care quality as allowed by the Department. |
(2) The medical loss ratio shall be calculated consistent |
with federal law and regulation following a claims runout |
period determined by the Department. |
(g-10)(1) "Liability effective date" means the date on |
|
which an MCO becomes responsible for payment for medically |
necessary and covered services rendered by a provider to one |
of its enrollees in accordance with the contract terms between |
the MCO and the provider. The liability effective date shall |
be the later of: |
(A) The execution date of a network participation |
contract agreement. |
(B) The date the provider or its representative |
submits to the MCO the complete and accurate standardized |
roster form for the provider in the format approved by the |
Department. |
(C) The provider effective date contained within the |
Department's provider enrollment subsystem within the |
Illinois Medicaid Program Advanced Cloud Technology |
(IMPACT) System. |
(2) The standardized roster form may be submitted to the |
MCO at the same time that the provider submits an enrollment |
application to the Department through IMPACT. |
(3) By October 1, 2019, the Department shall require all |
MCOs to update their provider directory with information for |
new practitioners of existing contracted providers within 30 |
days of receipt of a complete and accurate standardized roster |
template in the format approved by the Department provided |
that the provider is effective in the Department's provider |
enrollment subsystem within the IMPACT system. Such provider |
directory shall be readily accessible for purposes of |
|
selecting an approved health care provider and comply with all |
other federal and State requirements. |
(g-11) The Department shall work with relevant |
stakeholders on the development of operational guidelines to |
enhance and improve operational performance of Illinois' |
Medicaid managed care program, including, but not limited to, |
improving provider billing practices, reducing claim |
rejections and inappropriate payment denials, and |
standardizing processes, procedures, definitions, and response |
timelines, with the goal of reducing provider and MCO |
administrative burdens and conflict. The Department shall |
include a report on the progress of these program improvements |
and other topics in its Fiscal Year 2020 annual report to the |
General Assembly. |
(g-12) Notwithstanding any other provision of law, if the
|
Department or an MCO requires submission of a claim for |
payment
in a non-electronic format, a provider shall always be |
afforded
a period of no less than 90 business days, as a |
correction
period, following any notification of rejection by |
either the
Department or the MCO to correct errors or |
omissions in the
original submission. |
Under no circumstances, either by an MCO or under the
|
State's fee-for-service system, shall a provider be denied
|
payment for failure to comply with any timely submission
|
requirements under this Code or under any existing contract,
|
unless the non-electronic format claim submission occurs after
|
|
the initial 180 days following the latest date of service on
|
the claim, or after the 90 business days correction period
|
following notification to the provider of rejection or denial
|
of payment. |
(h) The Department shall not expand mandatory MCO |
enrollment into new counties beyond those counties already |
designated by the Department as of June 1, 2014 for the |
individuals whose eligibility for medical assistance is not |
the seniors or people with disabilities population until the |
Department provides an opportunity for accountable care |
entities and MCOs to participate in such newly designated |
counties. |
(h-5) Leading indicator data sharing. By January 1, 2024, |
the Department shall obtain input from the Department of Human |
Services, the Department of Juvenile Justice, the Department |
of Children and Family Services, the State Board of Education, |
managed care organizations, providers, and clinical experts to |
identify and analyze key indicators from assessments and data |
sets available to the Department that can be shared with |
managed care organizations and similar care coordination |
entities contracted with the Department as leading indicators |
for elevated behavioral health crisis risk for children. To |
the extent permitted by State and federal law, the identified |
leading indicators shall be shared with managed care |
organizations and similar care coordination entities |
contracted with the Department within 6 months of |
|
identification for the purpose of improving care coordination |
with the early detection of elevated risk. Leading indicators |
shall be reassessed annually with stakeholder input. |
(i) The requirements of this Section apply to contracts |
with accountable care entities and MCOs entered into, amended, |
or renewed after June 16, 2014 (the effective date of Public |
Act 98-651).
|
(j) Health care information released to managed care |
organizations. A health care provider shall release to a |
Medicaid managed care organization, upon request, and subject |
to the Health Insurance Portability and Accountability Act of |
1996 and any other law applicable to the release of health |
information, the health care information of the MCO's |
enrollee, if the enrollee has completed and signed a general |
release form that grants to the health care provider |
permission to release the recipient's health care information |
to the recipient's insurance carrier. |
(k) The Department of Healthcare and Family Services, |
managed care organizations, a statewide organization |
representing hospitals, and a statewide organization |
representing safety-net hospitals shall explore ways to |
support billing departments in safety-net hospitals. |
(l) The requirements of this Section added by Public Act |
102-4 shall apply to
services provided on or after the first |
day of the month that
begins 60 days after April 27, 2021 (the |
effective date of Public Act 102-4). |
|
(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21; |
102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff. |
8-20-21; 102-813, eff. 5-13-22.)
|
Section 30. The Juvenile Court Act of 1987 is amended by |
changing Section 3-5 as follows:
|
(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
|
Sec. 3-5. Interim crisis intervention services. |
(a) Any minor who
is taken into limited custody, or who |
independently requests
or is referred for assistance, may be |
provided crisis intervention services
by an agency or |
association, as defined in this Act,
provided the association |
or agency staff (i) immediately investigate the
circumstances |
of the minor and the facts surrounding the minor being taken
|
into custody and promptly explain these
facts and |
circumstances to the minor, and (ii) make a reasonable effort
|
to inform the minor's parent, guardian or custodian of the |
fact that the
minor has been taken into limited custody and |
where the minor is being
kept, and (iii) if the minor consents, |
make a reasonable effort
to transport, arrange for the |
transportation of, or otherwise release the
minor to the |
parent, guardian or custodian. Upon release of the child who
|
is believed to need or benefit from medical, psychological, |
psychiatric
or social services, the association or agency may |
inform the minor and the
person to whom the minor is released |
|
of the nature and location of appropriate
services and shall, |
if requested, assist in establishing contact between
the |
family and other associations or agencies providing such |
services. If the
agency or association is unable by all |
reasonable efforts to contact a parent,
guardian or custodian, |
or if the person contacted lives an unreasonable
distance |
away, or if the minor refuses to be taken to his or her home
or |
other appropriate residence, or if the agency or association |
is otherwise
unable despite all reasonable efforts to make |
arrangements for the safe
return of the minor, the minor may be |
taken to a temporary living
arrangement which is in compliance |
with the Child Care Act of 1969 or which
is with persons agreed |
to by the parents and the agency or association.
|
(b) An agency or association is authorized to permit a |
minor to be sheltered
in a temporary living arrangement |
provided the agency seeks to effect the
minor's return home or |
alternative living arrangements agreeable to the
minor and the |
parent, guardian , or custodian
as soon as practicable. No |
minor shall be sheltered in a temporary living arrangement for |
more than 21 business days. Throughout such limited custody, |
the agency or association shall work with the parent, |
guardian, or custodian and the minor's local school district, |
the Department of Human Services, the Department of Healthcare |
and Family Services, the Department of Juvenile Justice, and |
the Department of Children and Family Services to identify |
immediate and long-term treatment or placement. 48 hours, |
|
excluding Saturdays, Sundays, and court-designated holidays, |
when the agency has reported the minor as neglected or abused |
because the parent, guardian, or custodian refuses to permit |
the child to return home, provided that in all other instances |
the minor may be sheltered when the agency obtains the consent |
of the parent, guardian, or custodian or documents its |
unsuccessful efforts to obtain the consent or authority of the |
parent, guardian, or custodian, including recording the date |
and the staff involved in all telephone calls, telegrams, |
letters, and personal contacts to obtain the consent or |
authority, in which instances the minor may be so sheltered |
for not more than 21 days. If at any time during the crisis |
intervention there is a concern that the minor has experienced |
abuse or neglect, the Comprehensive Community Based-Youth |
Services provider shall contact the parent, guardian or |
custodian refuses to
permit the minor to return home, and no |
other living arrangement agreeable
to the parent, guardian, or |
custodian can be made, and the parent, guardian, or custodian |
has not made any other appropriate living arrangement for the |
child, the agency
may deem the minor to be neglected and report |
the neglect to the Department
of Children
and Family Services |
as provided in the Abused and Neglected Child Reporting
Act. |
The
Child Protective Service Unit of the Department of |
Children and Family Services
shall
begin an investigation of |
the report within 24 hours after receiving the report
and |
shall
determine whether to
file a petition alleging that the |
|
minor is neglected or abused as
described in Section 2-3 of |
this Act. Subject to appropriation, the Department may take |
the minor into temporary protective custody at any time after |
receiving the report, provided that the Department shall take |
temporary protective custody within 48 hours of receiving the |
report if its investigation is not completed. If the |
Department of Children and Family Services determines that the |
minor is not a neglected minor because the minor is an |
immediate physical danger to himself, herself, or others |
living in the home, then the Department shall take immediate |
steps to either secure the minor's immediate admission to a |
mental health facility, arrange for law enforcement |
authorities to take temporary custody of the minor as a |
delinquent minor, or take other appropriate action to assume |
protective custody in order to safeguard the minor or others |
living in the home from immediate physical danger.
|
(c) Any agency or association or employee thereof acting |
reasonably and
in good faith in the care of a minor being |
provided interim crisis
intervention services and shelter care |
shall be immune from any civil or
criminal liability resulting |
from such care.
|
(Source: P.A. 95-443, eff. 1-1-08.)
|