SB 724

Abstract

Amends the Mental Health and Developmental Disabilities Code. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 1 Deletes reference to: 405 ILCS 5/1-100 Adds reference to: New Act 20 ILCS 505/5 from Ch. 23, par. 5005 20 ILCS 505/17 from Ch. 23, par. 5017 105 ILCS 5/2-3.163 105 ILCS 5/2-3.196 new 105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02 105 ILCS 5/14-15.01 from Ch. 122, par. 14-15.01 305 ILCS 5/5-30.1 705 ILCS 405/3-5 from Ch. 37, par. 803-5 Replaces everything after the enacting clause. Creates the Interagency Children's Behavioral Health Services Act. Provides that the Act establishes a Children's Behavioral Health Transformation Officer (Officer). Requires the Officer to 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. Establishes the Interagency Children's Behavioral Health Services Team 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 residential setting. Provides that the responsibilities of each participating agency shall be outlined in an interagency agreement. Requires the Department of Children and Family Services, and other specified agencies, to enter into an interagency agreement. Amends the Children and Family Services Act. Requires the Department of Children and Family Services to adopt rules to establish a process for all licensed residential providers to submit data if they contract or receive reimbursement for children's mental health, substance use, and developmental disability services from specified State agencies. Contains provisions concerning temporary emergency placements for youth in crisis. Amends the School Code. Requires the Department of Human Services to 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. Contains provisions concerning mental health screenings for students in kindergarten through grade 12. Amends the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to obtain input from specified State agencies and providers on leading indicators of elevated behavioral health crisis risk for children. Amends the Juvenile Court Act of 1987. Provides that no minor who is taken into limited custody shall be sheltered in a temporary living arrangement for more than 21 days, with certain exceptions. Makes other changes. Effective immediately. House Floor Amendment No. 4 Adds reference to: 20 ILCS 1705/11.4 new Replaces everything after the enacting clause. 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. House Floor Amendment No. 5 Further amends the Children and Family Services Act. Provides that temporary emergency placements for youth in crisis must be licensed through the Department of Children and Family Services or, in the case of a foster home or host home (rather than in the case of a foster home), by the supervising child welfare agency.