SB 3367

Abstract

Amends the Children and Family Services Act. In a provision concerning children accepted for care and training under the Juvenile Court Act of 1987 or through a voluntary placement agreement, provides that the parents or guardians of such children (rather than the parents or guardians of the estates of such children) shall only be liable for the sums representing the charges for such care and training. Requires the Department of Children and Family Services to establish a standard by which the ability of parents or guardians to pay for the care and training of the child shall be measured on an individual basis. Requires such standards and rules to provide: (i) that no liability exists if the family's annual income is under $100,000 or 400% of the federal poverty guidelines, whichever is greater; and (ii) that any liability shall not be contrary to the best interests of the child and shall not negatively impact the family's ability to participate in services to achieve reunification or in parent or child visitation. Requires the Department to adopt rules no later than July 1, 2025. In a provision concerning the referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services, provides that such cases shall only be referred if the Department of Children and Family Services has conducted a thorough individualized review of the family's circumstances, including, but not limited to, the impact the referral may have on the child's best interest and the ability to achieve permanency or participate in visitation. In a provision concerning liability for parents or guardians who make false written declarations to the Department concerning their income or ability to pay for their children's Department-sponsored care and training, provides that such parents and guardians will be liable to Department to the extent liability is consistent with the standards and rules set forth in the amendatory Act. Senate Floor Amendment No. 1 Replaces everything after the enacting clause. Amends the Children and Family Services Act. Removes a provision making parents monetarily liable for the cost of care and training provided by the Department of Children and Family Services for children placed with the Department under a voluntary placement agreement. Instead provides that the Department shall adopt rules no later than January 1, 2026 regarding referral of Title IV-E foster care maintenance cases to the Department of Healthcare and Family Services for child support enforcement services under Title IV-D of the Social Security Act. Provides that it is the policy of the State that in order to preserve the financial security of a child's parent seeking reunification, the Department will not refer cases for child support enforcement services or seek an assignment of rights of child support regarding any child prior to the permanency goal of return home being ruled out by the court in accordance with the Juvenile Court Act of 1987. Permits the Department to refer cases for child support enforcement services, consistent with rules, after the permanency goal of return home has been ruled out by the court in accordance with the Juvenile Court Act of 1987. Requires the Department to adopt rules by January 1, 2026 establishing additional policies or criteria to consider to ensure compliance with this Section and federal law regarding referral for child support enforcement or assignment of rights of child support for children where a return home goal has been ruled out in accordance with the Juvenile Court Act of 1987. In a provision concerning liability for parents or guardians who make false written declarations to the Department concerning their income or ability to pay for their children's Department-sponsored care and training, provides that such parents and guardians will be liable to Department to the extent liability is consistent with the standards and rules set forth in the amendatory Act. Effective immediately.