Public Act 0351 104TH GENERAL ASSEMBLY

SB0324 Enrolled LRB104 06444 KTG 16480 b

Public Act 104-0351

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 2-4b as follows:

(705 ILCS 405/2-4b)

Sec. 2-4b. Publicly funded community and residential Family Support Program services; hearing.

(a) The purpose of this Section is to ensure that minors who come to the attention of the court because they need treatment for complex behavioral and mental health needs are removed from the custody of their parents only as a last resort unless abuse or neglect is alleged, based upon facts other than the minor was left at a psychiatric hospital beyond medical necessity. If the respondent was in the process of attempting to obtain publicly funded services before the minor comes to the court's attention and those services become available, this Section will allow the court (i) to determine whether the parent is able to address all of the minor's needs without the minor being placed in or continuing in the custody or guardianship of the Department and (ii) to consider whether the minor should be returned to the respondent with such services in place, consistent with the minor's best interest.

Any minor who is placed in the custody or guardianship of the Department of Children and Family Services under Article II of this Act on the basis of a petition alleging that the minor is neglected or dependent because the minor was left at a psychiatric hospital beyond medical necessity, and for whom an eligibility determination for publicly funded community or residential services is pending or under active review 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 at the time the petition was filed, shall be able to continue with the eligibility determination process for such publicly funded community or residential continue to be considered eligible for services if all other eligibility criteria are met.

(b) If the minor is determined eligible for publicly funded community or residential services and the necessary publicly funded community or residential services are available for the minor, the The court shall conduct a hearing within 14 days upon notification to all parties:

(1) For minors in the temporary custody of the Department, the court shall determine whether urgent and immediate necessity exists pursuant to paragraph (9) of Section 2-10 to continue the minor in the custody of the Department and whether the Department's custody of the minor should be vacated.

(2) For minors in the guardianship of the Department, the court shall determine whether the respondent is fit, willing, and able to care for the minor and whether it is in the minor's best interest to return to the custody of the respondent. that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the minor to the custody of the respondent with Family Support Program services or whether the minor shall continue to be in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program services.

In making its determination pursuant to paragraphs (1) and (2), the court shall consider the minor's best interest, the availability of publicly funded community or residential services for the minor, the involvement of the respondent in proceedings under this Act, the involvement of the respondent in the minor's treatment, the relationship between the minor and the respondent, whether placement of the minor in the custody of the Department is the least restrictive means to support the minor and the minor's relationship with the respondent, and any other factor the court deems relevant.

(b-1) If the court vacates the Department's temporary custody of the minor pursuant to paragraph (1) of subsection (b) and Section 2-10, or vacates the Department's or guardianship of the minor pursuant paragraph (2) of subsection (b) or Section 2-23 Department of Children and Family Services and returns the minor to the custody and guardianship of the respondent with publicly funded community or residential services, the State agency affiliated with the services Family Support Services, the Department of Healthcare and Family Services shall become fiscally responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services.

(c) This Section does not apply to a minor:

(1) a minor for whom the court has not yet completed an adjudicatory hearing and for whom a petition has been filed under this Act alleging that the minor is a an abused or neglected minor, other than a minor left at a psychiatric hospital beyond medical necessity, or an abused minor;

(2) a minor who for whom the court has adjudicated under this Act as either (i) a neglected minor, unless the primary basis for the finding is that the respondent left the minor at a psychiatric hospital beyond medical necessity, or (ii) an abused minor made a finding that the minor is an abused or neglected minor under this Act; or

(3) a minor who is in the temporary custody of the Department of Children and Family Services and the minor has been the subject of an indicated allegation of abuse or neglect, other than for psychiatric lockout, where a respondent was the perpetrator within 5 years of the filing of the pending petition.

(Source: P.A. 103-22, eff. 8-8-23.)