2023 Illinois Compiled Statutes › Chapter 45 - INTERSTATE COMPACTS › 45 ILCS 17/ - Interstate Compact on Adoption Act. › Article 5 - Interstate Compact on Adoption Act

(45 ILCS 17/Art. 5 heading)
ARTICLE 5.
(45 ILCS 17/5-1)
Sec. 5-1. 
		Short title. 
		This Article may be cited as the Interstate
Compact on Adoption Act, and references in this Article to "this Act" mean this
Article.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-5)
Sec. 5-5. 
		Findings. 
		The legislature finds that:
(1) Finding adoptive families for children, for whom state assistance is
desirable pursuant to subsection (j) of Section 5 of the Children and Family
Services Act, and
ensuring the protection of the interest of the children affected during the
entire assistance period, require special measures when the adoptive parents
move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with
state
assistance, encounters special difficulties when the provision of services
takes place in other states.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-10)
Sec. 5-10. 
		Purposes. 
		The purposes of the Act are to:
(1) Authorize the Illinois Department of Children and Family Services to
enter
into interstate agreements with agencies of other states for the protection of
children on behalf of whom adoption assistance is being provided by the
Illinois Department of Children and Family Services.
(2) Provide procedures for interstate children's adoption assistance
payments, including medical payments.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-15)
Sec. 5-15. 
		Definitions. 
		As used in this Act, unless the context clearly indicates otherwise:
"Adoption assistance state" means the state that is signatory
to an adoption assistance agreement in a particular case.
"Residence state" means the  state where the child is living.
"State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, or a Territory or Possession of
or administered by the United States.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-20)
Sec. 5-20. 
		Compacts authorized. 
		The Illinois Department of Children and Family Services is authorized
to develop, participate in the development of, negotiate, and enter into one or
more interstate compacts on behalf of this State with other states to implement
one or more of the purposes set forth in this Act.  When so entered into, and
for so long as it shall remain in force, such a compact shall have the force
and effect of law.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-25)
Sec. 5-25. 
		Contents of compacts. 
		A compact entered into pursuant to the authority conferred  by this Act shall
contain the following:
(1) A provision making it available for joinder by     all states.
(2) A provision or provisions for withdrawal from the     compact upon written notice to the parties,  but with a period of one year between the date of the notice and the effective date of the withdrawal.
(3) A requirement that the protections afforded by or     pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption  assistance from a party state other than the one in which they are resident and have their principal place of abode.
(4) A requirement that each instance of adoption     assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state that undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance.
(5) Other provisions that may be appropriate to     implement the proper administration of the compact.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-30)
Sec. 5-30. 
		Optional contents of compacts. 
		A compact entered into pursuant to the authority conferred by this Act may
contain provisions in addition to those required pursuant to Section 5-25 of
this
Act, as follows:
(1) Provisions establishing procedures for and     entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs of the services.
(2) Other provisions that may be appropriate or     incidental to the proper administration of the compact.
(Source: P.A. 90-28, eff. 1-1-98.)
(45 ILCS 17/5-35)
Sec. 5-35. Medical assistance.
(a) A child with special needs who resides in this State and who is the
subject
of an adoption assistance agreement with another state shall be eligible for
medical assistance from this State under Article V of
the Illinois Public Aid Code upon the filing of agreed documentation obtained
from the assistance state and filed with the Department of Healthcare and Family Services.
The Department of Children and Family Services
shall be required at least annually to establish that the agreement
is still in force or has been renewed.
(b) If a child (i) is in another state, (ii) is covered by an adoption
assistance agreement made by the Illinois Department of Children and Family
Services, and (iii) was eligible for medical assistance under Article V of the
Illinois Public Aid Code at the time the child resided in this State and would
continue to be eligible for that
assistance if the child was currently residing in this State, then that child
is eligible for medical assistance under Article V of the Illinois Public Aid
Code, but only for those medical assistance benefits under Article V that are
not provided by the other state.
There
shall be no
payment or reimbursement by this State for
services or benefits covered under any insurance or other third party
medical contract or arrangement held by the child or the adoptive parents.
(c) The submission of any claim for payment or reimbursement for services or
benefits pursuant to this Section or the making of any statement in connection
therewith, which claim or statement the maker knows or should know to be false,
misleading, or fraudulent, shall be punishable as perjury and shall also be
subject to a fine not to exceed $10,000 or imprisonment for not to exceed 2
years, or both.
(d) The provisions of this Section shall apply only to medical assistance
for children under adoption assistance agreements from states that have entered
into a compact with this State under which the other state provided medical
assistance to children with special needs under adoption assistance agreements
made by this State.
(e) The Illinois Department of Children and Family Services and the Department of Healthcare and Family Services may adopt all rules necessary to implement this
Section.
(Source: P.A. 103-22, eff. 8-8-23.)
(45 ILCS 17/5-40)
Sec. 5-40. Federal participation. Consistent with federal law, the Illinois Department of Children and Family
Services and the Department of Healthcare and Family Services or the Illinois Department
of Human Services, as the successor agency of the Illinois Department of Public
Aid, in connection with the
administration of this Act and any compact entered into pursuant to this Act,
shall include in any
state plan made pursuant to the Adoption Assistance and Child Welfare Act of
1980
(P.L. 96-272), Titles IV (e) and XIX of the Social Security Act, and any other
applicable federal laws the provision of adoption assistance and medical
assistance for which the federal government pays some or all of the cost.  The
Department of Children and Family Services and the Department of Healthcare and Family Services or the Department of Human Services, as the successor agency of the
Illinois Department of Public Aid, shall apply for and
administer all relevant federal aid in accordance with law.
(Source: P.A. 95-331, eff. 8-21-07.)