Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 352 - FINANCIAL RESPONSIBILITY OF PARENTS OR GUARDIANS OF THE ESTATES OF CHILDREN › Section 352.4 - Notification of and Determination of Responsibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Parents or guardians of the estates of
			 children shall be notified of their rights and responsibilities concerning
			 parental liability for charges when the child has been placed in substitute
			 care and the Parental Determinations Unit has received the required
			 information, reviewed all appropriate documents (submitted pursuant to
			 subsection (e) below) and made an assessment of liability.
b) When parents are legally separated or
			 divorced, both are liable for care and training charges based upon their
			 individual income and family size but the amount of liability cannot exceed the
			 child's cost of care. Child support payments which are received by custodial
			 parent are considered income to the recipient in determining the proper
			 assessment upon the custodial parent. A noncustodial parent who is paying child
			 support pursuant to a court decree will be liable for the difference, if any,
			 between the Department's monthly assessment upon the noncustodial parent and
			 the amount of the monthly court ordered child support payment.
c) When parents are living apart, legally
			 separated or divorced, and child support was not ordered, both parents shall be
			 liable for the assessed amount. When the assessment exceeds the cost of care,
			 both parents shall be liable for a share of the cost of care by determining the
			 amount of assessment for each parent (in accordance with Appendix B), then
			 dividing each amount by the total of both assessments and multiplying each of
			 those calculations by the cost of care paid by the Department.
d) At the time of the Juvenile Court
			 dispositional hearing the court is required to order the parent or guardian of
			 the child's estate to make payment to the Department in accordance with
			 Appendix B when substitute care services are to be provided.
e) Any financial information which is
			 requested from parents or guardians shall be submitted on forms and
			 questionnaires prescribed by the Department and shall contain a written
			 declaration under penalties of perjury, signed by the parent or guardian and
			 provided to Department staff. False, incorrect or incomplete information in
			 respect to any material statement or representation bearing upon one's status
			 as a parent or guardian or upon income, resources, or other matters concerning
			 liability to provide parental payment, shall be subject to the penalties for
			 perjury in accordance with
			 720 ILCS 5/32-2.
			 [20 ILCS
			 505/9.3 ]
f) Gross annual income and family size shall
			 be keyed to the appropriate fee schedule to determine liability for substitute
			 care. The parent or guardian of the child's estate shall be notified in writing
			 of the monthly liability.
g) Upon
			 the request of the Department, the parent or guardian of the child's estate
			 shall provide information concerning gross annual income. The Department shall
			 subpoena income information when it is not provided after three written
			 requests, and shall impose liability for the full cost of substitute care until
			 the parent(s) or guardian(s) provides the requested information.
h) The Department shall request updated
			 financial information from the parent or guardian of the child's estate on a
			 semiannual basis. Redeterminations of the parent's or guardian's financial
			 liability will then be made. Any redeterminations shall have the effect of
			 modifying previous determinations. [20 ILCS
			 505/9.4 ]
i) When substitute care services are provided
			 (as described in Section
			 352.3(a)
			 ) and the child is Title IV-E eligible (Title IV-E of the Social Security Act),
			 and the Department is unable, after exhausting every reasonable effort, to
			 assess and/or collect liability against the parent(s), the Department shall
			 refer such cases to the Department of Public Aid for Title IV-D (Social
			 Security Act) support services. Cases shall not be referred, however, when the
			 Department has evidence that there are circumstances of good cause for
			 non-referral, as specified in 45 CFR Section 232.42(1997). This incorporation
			 contains no later amendments or editions. To the extent that there is no
			 conflict with 45 CFR Section 232.42(1997), referrals shall not be made when
			 harm to the child, custodial parent or caretaker is reasonably
			 anticipated.