Bill Text: IL SB4233 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Children and Family Services Act. Requires the Department of Children and Family Services to seek federal reimbursements under Title IV-E of the Social Security Act for administrative costs associated with the provision of independent legal representation to foster children, and children who qualify for foster care, and their parents. Requires any federal reimbursements the Department receives for the purposes of the amendatory Act to be deposited into the Due Process for Youth and Families Fund. Provides that, subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by law practitioners and organizations that provide services as a child's lawyer or a respondent's lawyer as those terms are defined under the amendatory Act. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of the amendatory Act. Amends the State Finance Act. Creates the Due Process for Youth and Families Fund as a special fund in the State treasury. Provides that all receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-11-15 - Added as Chief Co-Sponsor Sen. Mattie Hunter [SB4233 Detail]

Download: Illinois-2021-SB4233-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB4233 Introduced 11/14/2022, by Sen. Ann Gillespie SYNOPSIS AS INTRODUCED:
20 ILCS 505/45 new
30 ILCS 105/5.990 new
30 ILCS 105/8.27 from Ch. 127, par. 144.27
Amends the Children and Family Services Act. Requires the Department of Children and Family Services to seek federal reimbursements under Title IV-E of the Social Security Act for administrative costs associated with the provision of independent legal representation to foster children, and children who qualify for foster care, and their parents. Requires any federal reimbursements the Department receives for the purposes of the amendatory Act to be deposited into the Due Process for Youth and Families Fund. Provides that, subject to appropriation, moneys in the Fund shall be disbursed for fees and costs incurred by law practitioners and organizations that provide services as a child's lawyer or a respondent's lawyer as those terms are defined under the amendatory Act. Provides that units of local government and public and private agencies may apply for and receive federal or State funds from the Department in accordance with the purposes of the amendatory Act. Amends the State Finance Act. Creates the Due Process for Youth and Families Fund as a special fund in the State treasury. Provides that all receipts from federal financial participation in the Foster Care and Adoption Services program under Title IV-E of the federal Social Security Act, including receipts for related indirect costs, shall be deposited into the DCFS Children's Services Fund or the Due Process for Youth and Families Fund as provided in Section 45 of the Children and Family Services Act. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by adding Section 45 as follows:
(20 ILCS 505/45 new)
Sec. 45. Title IV-E funds for legal services to foster
youth and families.
(a) Findings and purpose. The General Assembly finds the
following:
(1) Child welfare court proceedings are serious and
life changing. Children and youth are subject to court
decisions that may forever change their family
composition, as well as their connections to culture and
heritage.
(2) The gravity of child welfare proceedings and the
rights and liabilities at stake necessitate the provision
of quality legal representation for children and youth
throughout the duration of child welfare proceedings.
(3) Legal representation serves to protect and advance
the interests of children and youth in court and provides
confidential attorney-client privilege to ensure children
feel safe sharing with attorneys information that

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otherwise may go unvoiced.
(4) As the agency responsible for administering the
State's approved Title IV-E State Plan, the Department of
Children and Family Services is the only State agency with
the authority to seek federal matching funds under Title
IV-E of the Social Security Act for children who are
candidates for foster care, children who are in foster
care, and parents who are participating in foster care
legal proceedings.
(5) It is the intent of the General Assembly to ensure
the Department leverages and maximizes federal resources
to support the provision of quality legal representation
to children and families to improve outcomes in the child
welfare system.
(b) Definitions. As used in this Section:
"Child's lawyer" means a lawyer who is appointed by the
court to serve as a child's lawyer in a proceeding pending
under Article II of the Juvenile Court Act of 1987 in
accordance with the duties prescribed by State statute, court
rules, standards of practice, and the Illinois Rules of
Professional Conduct, including, but not limited to,
diligence, communication, confidentiality, and the
responsibilities to zealously assert the client's position
under the rules of the adversary system and to abide by the
client's decisions concerning the objectives of
representation, as provided for in the Illinois Rules of

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Professional Conduct.
"Respondent's lawyer" means a lawyer who provides legal
representation to a parent, guardian, legal custodian, or
responsible relative who is named as a party-respondent in a
proceeding pending under Article II of the Juvenile Court Act
of 1987 in accordance with the duties prescribed by State
statute, court rules, standards of practice, and the Illinois
Rules of Professional Conduct, including, but not limited to,
diligence, communication, confidentiality, and the
responsibilities to zealously assert the client's position
under the rules of the adversary system and to abide by the
client's decisions concerning the objectives of
representation, as provided for in the Illinois Rules of
Professional Conduct.
(c) The Department shall pursue claiming Title IV-E
administrative costs for independent legal representation by
an attorney for a child who is a candidate for Title IV-E
foster care, or who is in foster care, and the child's parent
to prepare for and participate in all stages of foster care
legal proceedings. Federal reimbursements for these
administrative costs must be deposited into the Due Process
for Youth and Families Fund created under subsection (d).
(d) The Due Process for Youth and Families Fund is created
as a special fund in the State treasury. The Fund shall consist
of any moneys appropriated to the Department from federal
Title IV-E reimbursements for administrative costs as

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described in subsection (c) and any other moneys deposited
into the Fund in accordance with this Section. Subject to
appropriation, moneys in the Fund shall be disbursed for fees
and costs incurred by organizations or law practitioners that
provide services as a child's lawyer or respondent's lawyer as
those terms are defined in subsection (b) and for no other
purpose. All interest earned on moneys in the Fund shall be
deposited into the Fund. The Department and the State
Treasurer may accept funds as provided under Title IV-E of the
Social Security Act for deposit into the Fund. Annual requests
for appropriations for the purpose of providing independent
legal representation under this Section shall be made in
separate and distinct line-items.
(e) Units of local government and public and private
agencies may apply for and receive federal or State funds from
the Department in accordance with the purposes of this
Section.
Section 10. The State Finance Act is amended by changing
Section 8.27 and by adding Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Due Process for Youth and Families Fund.
(30 ILCS 105/8.27) (from Ch. 127, par. 144.27)
Sec. 8.27. All receipts from federal financial

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participation in the Foster Care and Adoption Services program
under Title IV-E of the federal Social Security Act, including
receipts for related indirect costs, shall be deposited into
in the DCFS Children's Services Fund or the Due Process for
Youth and Families Fund as provided in Section 45 of the
Children and Family Services Act.
Beginning on July 20, 2010 (the effective date of Public
Act 96-1127), any funds paid to the State by the federal
government under Title XIX and Title XXI of the Social
Security Act for child welfare services delivered by community
mental health providers, certified and paid as Medicaid
providers by the Department of Children and Family Services,
for child welfare services relating to Medicaid-eligible
clients and families served consistent with the purposes of
the Department of Children and Family Services, including
services delivered as a result of the conversion of such
providers from a comprehensive rate to a fee-for-service
payment methodology, and any subsequent revenue maximization
initiatives performed by such providers, and any interest
earned thereon, shall be deposited directly into the DCFS
Children's Services Fund. Such funds shall be used for the
provision of child welfare services provided to eligible
individuals identified by the Department of Children and
Family Services. Child welfare services are defined in Section
5 of the Children and Family Services Act.
All receipts from federal financial participation in the

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Child Welfare Services program under Title IV-B of the federal
Social Security Act, including receipts for related indirect
costs, shall be deposited into the DCFS Children's Services
Fund for those moneys received as reimbursement for services
provided on or after July 1, 1994.
For services provided on or after July 1, 2007, all
federal funds received pursuant to the John H. Chafee Foster
Care Independence Program shall be deposited into the DCFS
Children's Services Fund.
Except as otherwise provided in this Section, moneys in
the Fund may be used by the Department, pursuant to
appropriation by the General Assembly, for the ordinary and
contingent expenses of the Department.
In accordance with subsection (q) of Section 5 of the
Children and Family Services Act, disbursements from
individual children's accounts shall be deposited into the
DCFS Children's Services Fund.
Receipts from public and unsolicited private grants, fees
for training, and royalties earned from the publication of
materials owned by or licensed to the Department of Children
and Family Services shall be deposited into the DCFS
Children's Services Fund.
(Source: P.A. 102-1071, eff. 6-10-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.