reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 340 - FOSTER PARENT CODE › Subpart E - SEVERABILITY OF THIS PART › Appendix A - Outline and Minimum Requirements for Foster Parent Law Annual Implementation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
This Appendix lists the minimum requirements for the contents
				  of the Foster Parent Law Annual Implementation Plan. These are presented in an
				  outline that may be followed by Department regions and purchase of service
				  agencies in development of the plan. Other formats are acceptable if the plan
				  addresses each of the minimum requirements.
I. How the agency is addressing each foster parent
				  right in the Foster Parent Law
II. How the agency is addressing each foster
				  parent responsibility in the Foster Parent Law
III. Documentation of foster parent input into the
				  development of the annual plan
IV. Foster parent notification
A. Documentation of notification to foster parents
				  of availability of plan
B. Summary of foster parent comments
C. Summary of agency response to foster parent
				  comments
V. Summary of agency response to public
				  comments
VI. Explanation of how foster parents and other
				  stakeholders are involved in developing and monitoring the implementation of
				  the annual plan
VII. Summary of what worked well and response to
				  deficiencies from prior year's plan, if applicable
VIII. Agency procedures for addressing foster
				  parent grievances regarding violations of the Foster Parent Law and process for
				  notifying foster parents of the availability of the grievance procedures
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 351 - FEDERAL BENEFITS AND OTHER PUBLIC FUNDS › Section 351.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this rule is to identify the resources which the
				Department will pursue in behalf of the children for whom it is legally
				responsible and to identify the resources which the Department will attempt to
				secure for the families it serves.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 351 - FEDERAL BENEFITS AND OTHER PUBLIC FUNDS › Section 351.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Children for whom the Department is legally responsible" means
				children for whom the Department has temporary protective custody, custody or
				guardianship via court order, or children whose parent(s) have signed an
				adoptive surrender or voluntary placement agreement with the Department.
"Families served" means families of children for whom the
				Department has legal responsibility or families to whom the Department is
				providing child welfare services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 351 - FEDERAL BENEFITS AND OTHER PUBLIC FUNDS › Section 351.3 - Assisting Families in Securing Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
Families served by the Department through provision of child
				welfare services may be eligible for a variety of federal and other public
				benefits. Department staff will assist families in seeking the following
				benefits: Social Security benefits; Medicare benefits; Veteran's Administration
				benefits; Black Lung benefits; Railroad Retirement benefits; assistance
				allotments from the Armed Forces; Supplemental Security Income; aid from a
				legal assistance foundation; medical, financial and other services from public
				agencies and departments; and any other benefits available to the
				public.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 351 - FEDERAL BENEFITS AND OTHER PUBLIC FUNDS › Section 351.4 - Securing Benefits for Children

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall apply for benefits
			 available to the public in behalf of the children for whom the Department is
			 legally responsible. These include, but are not limited to: Social Security
			 benefits, Veteran's Administration benefits, Black Lung benefits, Railroad
			 Retirement benefits, assistance allotments from the Armed Forces, and
			 Supplemental Security Income. These benefits are received and disbursed in
			 accordance with Part 353, Children's Accounts.
b) Other resources used by the Department to
			 provide services to children for whom the Department is legally responsible
			 include, but are not limited to, the Illinois Departments of Public Aid, Mental
			 Health and Developmental Disabilities, Rehabilitation Services, Public Health,
			 the Illinois State Board of Education, and the Division of Services for
			 Crippled Children.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to explain services for which the
				Department will assess financial liability, the method for determining such
				liability and the rights of appeal concerning the decision.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Custodial parent", as used in this Part, means the natural or
				adoptive parent who has been designated by the court to take custody of a child
				when the parents are legally separated or divorced.
"Dispositional hearing" means the Juvenile Court hearing at
				which the judge, following adjudication, determines the subsequent care,
				custody and supervision of the child and what obligations are incumbent upon
				the parents.
"Exparte correction", as used in this Part, means a change made
				on behalf of the parent or guardian of the estate concerning their liability
				based on additional information provided by them to support a request for a
				redetermination or temporary reduction in charge.
"Liability" means the determination of monthly charges due the
				Department based on annual gross income and family size and the cost of
				services provided by the Department.
"Parents or guardian of estate" means both parents of a child
				for whom the Department is providing substitute care services, even if
				separated or divorced or the court appointed guardian of the estate of a child
				whose parents are decreased or disabled. As used, this also includes unmarried
				mothers over age 18 who are provided substitute care services.
"Prime Commercial Rate" means such prime interest rate as from
				time to time is publicly announced by the largest commercial banking
				institution located in this State measured in terms of total assets.
				[20
				ILCS 505/9.7 ]
"Request for redetermination or temporary reduction in charge"
				means a petition by the parent, guardian of the estate or unmarried mother over
				18 years of age requesting that the Department adjust the liability assessed by
				the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.3 - Services for Which Assessments Will Be Made

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parents or guardians of the estates of
			 children placed by or with the Department away from their parents in substitute
			 care living arrangements for child protective or child welfare reasons are
			 liable for payment to the Department (in accordance with Appendix B) for the
			 substitute care services provided. No parental liability will be assessed for
			 services to refugee unaccompanied minors. Parents or guardians of the estates
			 shall not be assessed an amount which exceeds the cost that the Department has
			 expended for the child's care. Liability for continuing substitute care
			 services shall cease if parental rights are terminated either through court
			 action or adoptive surrender.
b)
			 Pregnant females over 18 years of age and the parents of pregnant females under
			 18 years of age are liable for payment to the Department for substitute care
			 services provided to the unmarried mother in accordance with Appendix
			 B.
c) Charges shall not exceed the
			 actual cost of the services provided and may be less than the cost of services
			 provided.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.5 - Initiation of Charges

Current through Register Vol. 48, No. 28, July 12, 2024
The initial charge is due the first day of the month following
				the date of initiation of the services subject to charge or as soon thereafter
				as each liable person's financial ability subjects him to charges for
				services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.6 - Termination of Account Balances

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 When the services subject to charge are terminated, the charge shall be
			 prorated to cover the number of days the services were provided excluding the
			 date of service termination.
b) A
			 request to write-off a past due account balance shall be submitted to the
			 Attorney General's Office when:
1) the debtor
			 is deceased and has no known assets, as documented by the executor of the
			 estate on forms provided by the Department,
2) the debtor is age 65 or older with income
			 at or below the poverty level, as calculated in accordance with 42 U.S.C.
			 Section 9847 and 46 FR 62674, (1981),
3) the debtor has been disabled for three (3)
			 years or more and had income at or below the poverty level for the same period
			 of time,
4) an account has been
			 delinquent for ten (10) years or more than the balance is $500.00 or less,
			 or
5) the debtor has been
			 unemployed for five (5) or more years and has had no income for that period of
			 time. Public Assistance payments shall not be considered income.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.7 - Method of Billing, Remittance and Collection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall bill for substitute
			 care charges on a monthly basis. Remittance to the Department shall be by check
			 or money order made payable to the Treasurer, State of Illinois, and sent to
			 the administrator responsible for collections in Springfield. The Department
			 shall deposit all such monies collected in the appropriate fund.
b) The Department shall assess interest each
			 month and the interest shall be based on a rate equal to the prime commercial
			 rate plus 3% on the accounts of the parents or guardians of the estates of
			 children that are more than 60 days delinquent. The Department shall use the
			 prime rate which was effective on the last day of the month prior to the month
			 of billing. The interest balance shall be paid in full before payments will be
			 applied toward the principal.
c)
			 When the Department has exhausted every reasonable effort to collect delinquent
			 payments, it shall request the Attorney General's Office to pursue collection.
			 When the Attorney General's Office declines to pursue collection and when
			 collection will not jeopardize attainment of the child's permanency goal,
			 pursuant to 89 Ill. Adm. Code 305, Client Service Planning, the Department will
			 proceed in accordance with
			 20
			 ILCS 505/9.2 for the collection of monies owned. Such
			 agreements shall be on a contingent fee basis, but such contingent fee shall
			 not exceed 15% of the total amount collected.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.8 - Consideration of Other Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
			 benefits to which a child for whom the Department has legal responsibility, and
			 to which the child is entitled, shall be remitted to the Department by the
			 issuing agency. These benefits include, but are not limited to: social
			 security, veterans' administration, railroad retirement and black lung
			 benefits, and supplemental security income.
b) Benefits received will be used to offset
			 the Department's cost of care for the child. When the benefits do not meet the
			 cost of care, the Department will assess the parents or guardian of the child's
			 estate. The total amount collected from the parents or guardian of the child's
			 estate shall not exceed the cost of the services provided minus the benefits
			 collected.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.9 - Rights of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 notified in writing by the Department of charges for services, the parent or
			 guardian of the child's estate may appeal the assessed amount if he/she
			 believes that the data used in determining the amount is inaccurate or
			 incomplete. A request for an appeal must be made in writing must be received by
			 the Department within 30 days of the date of the notice of charges.
			 Additionally, parents or guardians may appeal the assessed charged at any time
			 based upon changes in their circumstances which may subsequently affect the
			 assessment.
b) The written request
			 from the parent or guardian of the estate shall include their name and address,
			 names of those dependent on them for support, their specific grievance and
			 other relevant information. In order to better understand the financial
			 circumstances of the individual requesting relief the individual may provide,
			 or the Department may request, additional information and supporting data
			 including but not limited to tax returns, savings account passbooks, current
			 rental or mortgage payments, monthly expenditures for purchase of necessary
			 living items and extraordinary expenditures such as medical, dental or
			 insurance costs. On the basis of the request and supporting information
			 provided, the Department may make an exparte correction for error or adjustment
			 to reduce the assessed liability retroactively to the appropriate date and
			 adjust any amount in arrears to meet the grievances presented in the
			 request.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.10 - Parental Repayment Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 When the Department determines that no justification exists for the relief
			 requested a hearing shall be set not more than 90 days from receipt of the
			 request for redetermination or temporary reduction in payment. The individual
			 who made the request shall be sent notice of the date, time and place of the
			 hearing not less than 10 days in advance of the date of such hearing. Due
			 regard shall be given to the individual's schedule and place of residence in
			 selecting the time and place of the hearing in order to facilitate his
			 attendance on the date selected.
b)
			 The petitioner shall be requested to personally appear at the hearing but may
			 be represented by legal counsel or another interested party authorized in
			 writing by the petitioner to act on his behalf. Witnesses and evidence which
			 the petitioner deems necessary to support the grievances and allegations in his
			 request may be presented.
c) A
			 hearing officer authorized by the Director of the Department shall conduct the
			 hearing in an objective and orderly manner. He shall have the authority to
			 subpoena witnesses and to compel the production of books, records and other
			 documents which would or might be pertinent to a just termination of the
			 matter.
d) Prior to taking any
			 testimony from any witnesses, the hearing officer shall require the witness to
			 take an oath or affirmance of the truth of their statements.
e) Strict rules of evidence shall not apply
			 and the hearing officer shall grant the petitioner latitude in introducing
			 relevant evidence in support of his request, provided that the hearing officer
			 retains the power to conduct the hearing in an orderly manner. Exhibits may be
			 received into evidence and shall be numbered in order according to whether they
			 are Department or petitioner exhibits.
f) Testimony shall be taken by the Department
			 at the hearing and a record of the proceeding shall be preserved, either by
			 stenographic or electronic means. All exhibits shall also be preserved and made
			 a part of the record. Should the petitioner request a copy of the record of the
			 proceedings, it shall be made available to him at cost.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.11 - Hearing Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 decision of the hearing officer will be based only on facts presented at the
			 hearing in the form of oral testimony or documentary exhibits.
b) Within 20 days from the date of the
			 hearing, the hearing officer shall make findings of facts and conclusions and
			 recommendations available to the Director of the Department or his designee for
			 review. The Director or his designee shall within 10 days of receipt of the
			 findings, conclusions and recommendations accept, reject or modify the
			 recommendations of the hearing officer and his decision shall be sent by
			 certified mail to the petitioner and his attorney with copies to the hearing
			 officer and the Department administrator responsible for collections.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Appendix B - Substitute Care Fee Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
SCHEDULE OF MAXIMUM MONTHLY FEES PER
						  PERSON
Annual Income Range
Family Size
2
3
4
5
6
7 or
more
$ 7,000
$ 7,500
$ 5
0
0
0
0
0
7,501
8,000
10
0
0
0
0
0
8,001
8,500
15
0
0
0
0
0
8,501
9,000
20
$ 5
0
0
0
0
9,001
9,500
25
10
0
0
0
0
9,501
10,000
30
15
0
0
0
0
10,001
10,500
35
20
$ 5
0
0
0
10,501
11,000
40
25
10
0
0
0
11,001
11,500
45
30
15
0
0
0
11,501
12,000
50
35
20
$ 5
0
0
12,001
12,500
55
40
25
10
0
0
12,501
13,000
60
45
30
15
0
0
13,001
13,500
65
50
35
20
$ 5
0
13,501
14,000
70
55
40
25
10
0
14,001
14,500
75
60
45
30
15
0
14,501
15,000
80
65
50
35
20
$5
NOTE: These fees are maximum fees per month for each child in
				substitute care.
For each increment of $500 of annual income in excess of
				$15,000 the maximum monthly fees for the several family sizes shall be
				increased by $5, subject to the limitation imposed by Ill. Rev. Stat. 1981, ch.
				23, par. 5005.1
SCHEDULE OF MAXIMUM MONTHLY FEES PER
				PERSON
However, no charges shall be assessed which in any manner
				jeopardize federal reimbursement.
Annual income shall be gross income as defined in Section 203
				of the "Illinois Income Tax Act", as now or hereafter amended. (Ill. Rev.
				Stat., 1981, ch. 120, par. 2-203).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Board and care payments" includes payments for room, board,
				clothing, and a personal allowance. Refer to 89 Ill. Adm. Code 359 (Authorized
				Child Care Payments) concerning establishment of payment rates.
"Child's account" means a no-cost, interest bearing account
				established by the Department of Children and Family Services from monies,
				public and private, received for a child for whom the Department has legal
				responsibility.
"Children for whom the Department is legally responsible" means
				children for whom the Department has temporary custody, custody or guardianship
				via court order, or children whose parents have signed an adoptive surrender or
				voluntary placement agreement with the Department.
"Conserved funds" means the total amount of Social Security,
				Supplemental Security Income, Veterans', or Railroad Retirement benefits
				remaining in the child's account at the time the Department ceases to be the
				representative payee for the benefits.
"Dedicated account" means a no-cost, interest bearing account,
				established with a lump sum payment of retroactive Supplemental Security Income
				payments for a child under 18 years of age received from the Social Security
				Administration that exceeds 6 months of benefits at the current rate.
"Guardianship Administrator" means that person designated by
				the Director of the Department of Children and Family Services to serve as
				guardian or custodian of children accepted by the Department pursuant to the
				Juvenile Court Act of 1987 [705
				ILCS 405/2-27 ]; the Children and Family Services Act
				[20 ILCS 505 ]; the Abused and Neglected Child Reporting Act [325 ILCS 5 ]; and
				the Adoption Act [750 ILCS 50 ].
"Issuing agency" means the agency making benefit payments on a
				child's behalf to the Department of Children and Family Services.
"Restricted account" means a no-cost, interest bearing account
				consisting of funds being held by the Department of Children and Family
				Services for a child as the result of a court award, or an inheritance,
				insurance settlement, gifts, annuity payments, or an out-of-court settlement.
				These accounts may be deemed restricted by the Department's Guardianship
				Administrator, or designee.
"Sound investment principles" means a plan for managing and
				investing assets that is considered safe but also provides the opportunity for
				increased assets to accrue to a child's account, including but not limited to
				dedicated and restricted accounts.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.3 - Establishment of Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
When a child for whom the Department has legal responsibility
				has been determined eligible for Social Security benefits, Supplemental
				Security Income, Veterans' Benefits, assistance allotments from the armed
				forces, court ordered payments, Railroad Retirement, Black Lung Benefits,
				parental voluntary payments or other miscellaneous payments, the Department
				shall set up and administer a child's account.
a) Receipts
The Department shall account for monies received on behalf of
				each child, and shall maintain records detailing the source and amount of funds
				received.
b) Disbursements
The Department shall make disbursements consistent with
				applicable laws and shall be responsible for keeping complete records of
				disbursements from each child's account for any purpose.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.4 - Restricted Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 child receives an inheritance, insurance settlement, settlement as a result of
			 a lawsuit, mineral rights payment or gift of less than $10,000, the Department
			 shall establish a restricted account for the child.
1) Monies from a restricted account shall be
			 invested according to sound investment principles. Funds being held as the
			 result of a court award or out-of-court settlement related to an accident or
			 incident shall not be used for the child's board and care. These funds may,
			 however, be used for medical or hospital care or other expenses related to the
			 accident or incident.
2) The
			 balance of a restricted account shall be paid to the child at age 18, or to
			 another person or entity who is legally entitled to act as the guardian of the
			 estate for the child when the child is discharged from the Department's legal
			 responsibility before the age of 18. When a child 18 years of age or over is
			 incapable of managing such funds, the Department shall petition the court of
			 jurisdiction to have a guardian appointed to manage the child's
			 estate.
3) When a child is under
			 the age of 18 and an inheritance, insurance settlement, mineral rights payment
			 or gift that exceeds $10,000 is awarded in the child's name, the Department
			 shall petition the court of jurisdiction to have a guardian appointed to manage
			 the child's estate.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.5 - Disbursements from Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Board and Care
The Department shall make payments on a monthly basis from
				State appropriations for substitute care (room and board and administrative
				costs), specific services provided directly to the individual child, and
				medical care not reimbursed through Medicaid. These payments shall be made at
				the Department's established rate for the type of care the child receives.
				These payments are reimbursed on a monthly basis from the child's account in
				the following order: room and board, medical care not reimbursed through
				Medicaid, and payments relating to specific services provided directly to the
				child.
b) Expenditures for
			 Other Items
Any balance remaining, after reimbursing for the child's
				substitute care services, and the child's unreimbursed medical needs, shall
				accumulate. The balance may be expended for other items, such as casework
				services, that are not specifically identified in subsection (a).
Purchase of these items is contingent upon:
1) the effects of the items on the
			 psychological, social, educational, and physical development of the child;
			 and
2) the appropriateness of the
			 item for the child's age and social skills.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.6 - Account Termination

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall close a child's account within 90 days after receipt of
			 information related to:
1) Change in
			 guardianship/legal status;
2)
			 Change in payee;
3) Child for whom
			 the Department retains legal responsibility returns home;
4) Child no longer eligible for any benefits;
			 or
5) Child reaches the age at
			 which he/she is entitled to the receipt of monies.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 353 - CHILDREN'S ACCOUNTS › Section 353.9 - Safe-Keeping and Investment of Funds

Current through Register Vol. 48, No. 28, July 12, 2024
Monies received from issuing agencies will be deposited in
				no-cost, interest bearing savings accounts in appropriate financial
				institutions. Interest earned on the account shall be credited by the
				Department to that child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 355 - GIFTS AND DONATIONS › Section 355.3 - Receiving and Accounting for Gifts and Donations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to An Act Creating the Illinois
			 Department of Children and Family Services, the Department shall accept, for
			 its direct use and use of its clients, grants, gifts, tangible items such as
			 equipment and devices, and bequests or devises of money or property.
b) When accepting gifts and donations, the
			 Department shall enter each item or amount of money in appropriate accounts as
			 identified below. If the gift is an item, it shall be recorded in the
			 Department's inventory records as appropriate. If the gift is money, it shall
			 be entered in:
1) a Department facility
			 amusement fund in accordance with part 354, if the money is not given to a
			 specific child or for a specific purpose, but is given to a specific Department
			 facility;
2) a child's account in
			 accordance with part 353, if the money is given to a specific child;
			 or
3) special purpose funds
			 administered in accordance with standard Department accounting procedures and
			 state law. This money shall be used for the benefit of Department clients or
			 for official Department business.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 355 - GIFTS AND DONATIONS › Section 355.4 - Use of Gift and Donation Funds

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall allow for wide
			 variation and use of items the Department may acquire for its benefit or the
			 benefit of its clients, providing such benefits are in accordance with
			 Department procedures and accepted practice, or are in accordance with
			 appropriate planning for children.
b) Any travel reimbursement paid by
			 Department gifts and donations must be in accordance with state travel
			 regulations.
c) Cash advances shall
			 not be made to employees for salaries or travel expenses of for any other
			 purpose from gift and donation funds.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 355 - GIFTS AND DONATIONS › Section 355.5 - Reports of Gifts and Donations

Current through Register Vol. 48, No. 28, July 12, 2024
A quarterly financial report of gift and donation funds shall
				be prepared and sent to the administrator responsible for managing the
				Department's budget on or before April 15, July 15, October 15, and January 15
				of each year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 356 - RATE SETTING › Section 356.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The Department's requirements for determining purchased care
				rate reimbursements are described in these rules. Also described are certain
				reporting requirements, audit requirements, allowable costs, disallowable
				costs, cost standards, profit factors, and the relationship between units of
				service provided and reimbursement rates.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 356 - RATE SETTING › Section 356.30 - Types of Reimbursement Made by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will reimburse providers
			 through payments made according to standard reimbursement levels and through
			 reimbursement levels which are specifically negotiated through contract. The
			 Department shall notify the provider in writing of the reimbursement
			 rate.
b) Reimbursement according to
			 rate reimbursement levels.
1) The Department
			 shall adopt the rates promulgated by another state agency where that agency is
			 the primary purchaser of service. This shall include hospitals, nursing homes,
			 community living facilities, day care providers and individual medical care
			 providers.
2) The Department shall
			 calculate standard rates in accordance with Section 5a of the Children and
			 Family Services Act [20 ILCS
			 505/5a ]. This calculation will consider the minimum
			 wage law, U.S. Department of Agriculture cost statistics, the age of the
			 children to be served, the nature of the children's service needs, the
			 experience and background of the individual provider, and the type of service
			 provided. Reimbursement rates for these providers are set by the Department
			 utilizing market surveys and independent cost analyses in order to arrive at a
			 reasonable cost for specific units of service unless otherwise specified in
			 this Part. Services for which the Department shall calculate standard rates
			 include, but are not limited to, agency foster care and agency adoption
			 services.
3) The Department shall
			 calculate individual program rates for child care institutions, group homes,
			 independent living arrangements and maternity centers subject to the provisions
			 of Section
			 356.50.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 356 - RATE SETTING › Section 356.60 - Disallowable Costs and Reduced Reimbursement

Current through Register Vol. 48, No. 28, July 12, 2024
Certain costs shall not be considered by the Department for
				reimbursement. Cost standards may be applied to costs claimed to yield
				reasonable costs. Disallowable costs shall include:
a) expenses resulting from transactions with
			 related parties and/or parent organizations which are greater than the expense
			 to the related party;
b)
			 non-straightline depreciation;
c)
			 research items except as approved by the Department for program
			 evaluation;
d) bad debts;
e) special benefits to owners, including
			 owner and key-man life insurance;
f) compensation to non-working owners and
			 officers;
g) discounts, rebates,
			 allowances, and charity grants offered by the agency;
h) entertainment expenses;
i) fund-raising;
j) revenue producing expenses;
k) legal fees for litigation with
			 governmental agencies;
l)
			 non-program related activities;
m)
			 membership to national, state, or parent organizations;
n) awards and grants to
			 individuals;
o) fines and
			 penalties;
p) mortgage and loan
			 principal payments;
q) contingency
			 funds;
r) losses on other grants
			 and contracts;
s) expenses relating
			 to the development of bids or proposals;
t) housing of non-clients (does not prohibit
			 the expense of live-in staff);
u)
			 severance pay;
v) federal and state
			 income tax;
w) sales tax;
			 and
x) other costs not reasonably
			 related to services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 356 - RATE SETTING › Section 356.70 - Notice and Appeal of Provider Rates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Provider Eligibility - Purchase of service
			 providers for whom the Department calculates individual rates (refer to Section
			 356.30(b)(3)
			 ) or negotiates rates (refer to Section
			 356.30(c)
			 ) are eligible to appeal their rates, subject to the provisions of this
			 Section.
b) Notice in Filing of
			 Appeal - Appeals of the rate reimbursement determination shall be submitted in
			 writing by the provider to the central office manager responsible for the
			 administration of reimbursement rates within 60 days after the written notice
			 by the Department disclosing the provider reimbursement rate. Notice shall be
			 effective upon the date of mailing to the provider's address. Appeals submitted
			 more than 60 days after the notice will not be considered by the
			 Department.
c) Principles of
			 Appeals Process - The appeals process is designed to allow a provider to
			 petition for an increase in its reimbursable cost rate in response to
			 mechanical or clerical errors and/or circumstances which are beyond the control
			 of the provider, which have an impact upon current operating costs, and which
			 were not included in the Department's determination of the current allowable
			 costs. In order to hear an appeal, the provider must have a current signed
			 contract.
d) Basis for Increase in
			 Reimbursable Cost - Appeals submitted for the following reasons must be
			 received by the Department within 60 days after reimbursable rate notice. Any
			 change in rate, either positive or negative, as a result of the appeal process
			 will coincide with the effective date of the amendment. Increases in
			 reimbursable cost can be granted by the Department for the following reasons
			 and in the following categories:
1)
			 Mechanical or clerical errors were committed by the Department.
2) There has been a substantial decrease in
			 external government grants which the Department determines seriously limits the
			 ability of the agency to deliver required services to Department clients, to
			 the extent that such revenues were considered available when the Department
			 approved the reimbursable cost of the provider.
3) The Agency was able to document and
			 justify that the Department's treatment of its historical cost data resulted in
			 an inequitable application of the rate-setting process.
4) Mechanical or clerical errors were
			 committed by the provider on required cost reports and used by the Department
			 in the calculation of reimbursable costs.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 356 - RATE SETTING › Section 356.80 - Reimbursement for Program Enhancements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any change in rates due to program
			 enhancements submitted for the reasons cited below in relation to current cost
			 impacts, either positive or negative, as a result of the review process, will
			 be reflected in a contract amendment. Under no circumstances will the
			 Department be responsible for enhancements that were implemented outside of the
			 following process.
1) The Department and the
			 provider have reached mutual agreement that substantive changes and/or
			 enhancement of the current program are necessary and/or desirable and have been
			 approved by the Director;
2) It is
			 necessary and/or desirable to adjust the licensed capacity of a facility or
			 program;
3) The Department required
			 substantial program changes as a result of mandated licensing requirements;
			 and
4) State and federal regulatory
			 requirements have generated a substantial increase in reimbursable cost during
			 the current contract year.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to explain how the Department
				purchases professional services on behalf of the children, youth and families
				it serves and what the Department requires from a purchase of service provider.
				This Part does not apply to the goods and services governed by the standard
				procurement rules of the Department of Central Management
				Services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.30 - Purchase of Day Care Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department may purchase day care services for an eligible child in any legal
			 child care arrangement including, but not limited to, licensed day care
			 facilities, facilities exempt from licensing, and relatives and individuals who
			 provide care in the children's homes.
b) As a condition of receiving payment for
			 day care services from the Department, each in-home day caregiver, license
			 exempt day care provider and assistant, and all adult members of the household
			 in which a day care home exempt from licensing operates shall:
1) complete and submit to the Department on a
			 form prescribed by the Department a certification under penalty of perjury
			 whether the person has been convicted of a crime, other than a minor traffic
			 violation, or has been indicated as a perpetrator of child abuse and neglect;
			 and
2) complete and submit to the
			 Department an authorization for a background check which may include, solely at
			 the discretion of the Department, a criminal history check, a check of the
			 Statewide Automated Child Welfare Information System (SACWIS) and a check of
			 the Illinois Sex Offender Registry; and
3) if requested, submit his or her
			 fingerprints to the Department within 30 days after the Department's written
			 request for such fingerprints.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.40 - Procuring Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department procures professional child welfare and youth services by means of
			 negotiated contracts and competitively bid contracts.
b) Negotiated contracts are used in the
			 following circumstances:
1) When the nature of
			 the service is such that it can only be obtained from a single service
			 provider.
2) When, in the opinion
			 of the Department, maintenance of ongoing established services is necessary to
			 ensure the continuity of care and assistance to children, youth and families
			 served by the Department.
3) When,
			 in the opinion of the Department, an emergency exists and the urgency for the
			 service will not allow time for preparing requests for proposals.
4) When the Department is not required to use
			 competitive bidding by statute or by the provisions of subsection
			 (c)(1):
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.50 - Issuance of Requests for Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall ensure that RFPs are issued to current
				purchase of service contractors and issued in such a manner that the
				development of needed new services will be encouraged and that new purchase of
				service providers will be encouraged to submit proposals. RFPs shall be
				advertised in the official newspaper in the State of Illinois as designated by
				the Department of Central Management Services or a local newspaper serving the
				geographical area covered by the RFP. The Department shall also maintain a list
				of potential bidders and will mail RFPs to potential bidders. A minimum of 30
				days to respond to RFPs shall be allowed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.60 - Content of Requests for Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests for proposals will be in writing
			 and contain the necessary information to enable a prospective provider to
			 prepare a proposal. The RFP shall include:
1)
			 A description of the work to be performed.
2) The submission process.
3) The review process.
4) General contract and bid
			 information.
5) Date, time and
			 address of bidders' conference when applicable.
6) The Department contact person.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.70 - Evaluation of Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
When deciding which applicant shall be awarded a contract, the
				Department shall consider the following factors:
a) The type of services to be provided as
			 described in the RFP;
b) The target
			 population for which their services are intended as described in the
			 RFP;
c) The experience and ability
			 of the provider's staff as described in the RFP;
d) The cost-effectiveness of the
			 program;
e) The acceptability of
			 the service delivery model as described in the RFP; and
f) The need for the service in that
			 geographical area.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.80 - Notification of Awards

Current through Register Vol. 48, No. 28, July 12, 2024
a) After the
			 evaluation of proposals has been completed, the Department will notify in
			 writing the applicant(s) selected as well as those not selected.
b) Upon written request of an unsuccessful
			 applicant, the Department will describe the reasons for rejection.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.100 - Contract Approval

Current through Register Vol. 48, No. 28, July 12, 2024
Federal and State regulations authorize the Illinois Department
				of Children and Family Services to purchase service and care for eligible
				children and families from purchase of service providers. Purchase of service
				providers shall meet the following prerequisites before a contract is
				approved:
a) When licensure is
			 required to provide the service, the purchase of service provider has obtained
			 the necessary license or permit from the appropriate licensing authority to
			 provide the specified services throughout the contract period.
b) Except for individual foster care provider
			 contracts and day care provider contracts, the purchase of service provider has
			 submitted a detailed program plan that specifies and contains the following:
1) the type and extent of services that will
			 be provided. The number of individual and/or family clients that may be served,
			 and the number of hours or the number of days for which services are provided
			 may be used to define the extent of services;
2) the number and types of staff available to
			 provide the specified services;
3)
			 the clientele for whom the services were designed;
4) the provisions for recordkeeping and
			 reporting as required by Department rules or the purchase of service
			 contract;
5) that the resources are
			 sufficient to provide the service. "Resources" include the following:
A) facilities that are large enough to safely
			 accommodate the clientele, which contain sufficient equipment and furniture to
			 provide the services offered and that satisfy all public health and safety
			 regulations and Department licensing requirements;
B) staff who possess accepted professional
			 standards of education and experience for their assignments; and
C) administrative personnel with appropriate
			 educational backgrounds and experience for their positions;
6) a clause titled "billable
			 service" that:
A) clearly defines the
			 billable unit of services such as: hour, day, week or month;
B) stipulates whether the provider will bill
			 for client "no shows," travel, telephone conversations, canceled appointments,
			 staffing and group sessions.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.110 - Compliance During the Contract Period

Current through Register Vol. 48, No. 28, July 12, 2024
Purchase of service providers under contract to the Department
				must comply with Federal and State laws and regulations and Department rules.
				When the provider signs the purchase of service contract, this signature shall
				be the provider's certification of compliance with the applicable laws,
				regulations and rules.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 357 - PURCHASE OF SERVICE › Section 357.130 - Required Documentation

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Purchase of service providers shall maintain financial records for 5 years from
			 the expiration or termination of each contract. The Department reserves the
			 right to inspect all purchase of service provider records that relate to
			 services for which the Department provides funding. These records shall be kept
			 in accordance with generally accepted accounting principles. The records must
			 be detailed and accurate enough to document the reasons for a decision, the
			 ways monies were spent, and the beneficiaries of income, goods, and services.
			 Such required recordkeeping shall include but not be limited to:
1) establishment of financial recordkeeping
			 which includes:
A) Cash Receipts
			 Journal
B) Cash Disbursements
			 Journal
C) General
			 Journal
D) General Ledger
E) All cash disbursements and/or expenses,
			 fully supported by documentation, such as invoices, time sheets, time studies,
			 or approved cost allocation plans
F) Revenue and expenses by program