HB 1551

Abstract

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that a child shall continue to be eligible for an Individual Care Grant if the child is placed in the guardianship of the Department of Children and Family Services under the Juvenile Court Act of 1987 because the child requires care in a residential treatment facility and an application for the Family Support Program was pending with the Department Healthcare and Family Services or an active application was being reviewed by the Department when the guardianship order was entered. Provides that any minor who is placed in the guardianship of the Department of Children and Family Services under the Act while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. Provides that the court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. Makes other changes. Effective immediately. House Floor Amendment No. 1 Deletes reference to: 20 ILCS 1705/7.1 705 ILCS 405/5-711 new Adds reference to: 20 ILCS 505/7.8 new 325 ILCS 5/7.01 new Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that whenever a child is placed in the custody or guardianship of the Department of Children and Family Services or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on his or her well-child visits, including age-appropriate immunizations, or that there is a documented religious or medical reason the child did not receive the immunizations. Provides that whenever a child has been placed in foster or substitute care by court order and the court later determines that the child can return to the custody of his or her parent or guardian, the Department must complete, prior to the child's discharge from foster or substitute care, a home safety checklist to ensure that the conditions of the child's home are sufficient to ensure the child's safety and well-being, as defined in Department rules and procedures. Provides that at a minimum, the home safety checklist shall be completed within 24 hours prior to the child's return home and completed again or recertified in the absence of any environmental barriers or hazards within 5 working days after a child is returned home and every month thereafter until the child's case is closed pursuant to the Juvenile Court Act of 1987. Provides that when a court determines that a child should return to the custody or guardianship of a parent or guardian, any aftercare services provided to the child and the child's family by the Department or a purchase of service agency shall commence on the date upon which the child is returned to the custody or guardianship of his or her parent or guardian. If multiple children are returned at different times to the custody or guardianship of the parent or guardian, requires aftercare services to commence on the date upon which the last child returns home. Amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter to the statewide toll-free telephone number established under the Act and there is a prior indicated report of abuse or neglect and a prior open service case involving any member of the household, the Department must, at a minimum, accept the report as a child welfare services referral. Requires a child protective services investigation if the family refuses to cooperate or refuses access to the home or children and if the facts otherwise meet the criteria to accept a report. Provides that beginning one year after the effective date of the amendatory Act, and every 2 years thereafter, the Auditor General shall conduct a performance and compliance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements under the amendatory Act. Provides that upon completion of each audit, the Auditor General shall report its findings to the General Assembly. Requires the Auditor General's report to include any issues or deficiencies and recommendations. House Floor Amendment No. 2 Requires the Auditor General to commence a performance audit (rather than conduct a performance and compliance audit) of the Department of Children and Family Services one year after the effective date of the amendatory Act (rather than one year after the effective date of the amendatory Act and every 2 years thereafter) to determine whether the Department is meeting the requirements set forth in the amendatory Act. Provides that within 2 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit. Provides that upon completion of each audit, the Auditor General shall report its findings to the General Assembly and the Auditor General's reports shall include any issues or deficiencies and recommendations. Senate Committee Amendment No. 1 Further amends the Children and Family Services Act. Provides that if children are returned to the custody of a parent at different times, the Department of Children and Family Services or the purchase of service agency shall provide a minimum of 6 months of aftercare services to each child commencing on the date each individual child is returned home (rather than if multiple children are returned at different times to the custody or guardianship of the parent or guardian, aftercare services shall commence on the date upon which the last child returns home). Further amends the Abused and Neglected Child Reporting Act. Provides that when a report is made by a mandated reporter to the statewide toll-free telephone number established under the Act and there is a prior indicated report of abuse or neglect, or there is a prior open service case involving any member of the household (rather than there is a prior indicated report of abuse or neglect and a prior open service case involving any member of the household), the Department of Children and Family Services must, at a minimum, accept the report as a child welfare services referral.