reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.60 - Notice of Administrative Case Reviews

Current through Register Vol. 48, No. 28, July 12, 2024
A written notice of the date, time, place and purpose of the
				administrative case review shall be mailed within 21 calendar days prior to the
				review to ensure that the notice is received 14 days prior to the scheduled
				review to the following:
a) the
			 parents. The notice shall also inform them of their rights to bring a
			 representative with them to the review;
b) the child, if participating in the review
			 per Section
			 316.50(d);
c) the child's foster parents or relative
			 caregiver;
d) the purchase of
			 service provider agency caseworker (if applicable); and
e) the child's legal representative. The
			 caseworker is responsible for providing the name and address of the child's
			 legal representative and all parties that are to be invited to the
			 review.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.70 - Roles and Responsibilities of the Administrative Case Reviewer

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 administrative case reviewer has the responsibility and authority to manage the
			 case review process, which includes:
1)
			 excluding or limiting participation, as needed, to those with a right to share
			 in the process, or excluding or limiting participation of any individual when
			 necessary to promote the achievement of the purposes of the review;
2) convening and conducting a review in such
			 a way as to encourage discussion and participation while respecting the rights
			 and culture of all participants;
3)
			 maintaining the focus of the group on the service plan with good time
			 management; and
4) advising clients
			 and other participants of their rights and providing an explanation of the
			 purposes of the administrative case review process, assuring
			 disclosure.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.80 - Caseworker Responsibilities at the Administrative Case Review

Current through Register Vol. 48, No. 28, July 12, 2024
The caseworker's responsibilities at the administrative case
				review will be to:
a) present a
			 completed service plan, based on the assessment and developed in collaboration
			 with the family;
b) present a
			 recommendation regarding the permanency goal;
c) report on the placement, best interests,
			 health, safety and well-being of the child;
d) present a copy of the Visitation and
			 Contact Plan and report on the efforts made to encourage and maintain sibling
			 relationships;
e) present a copy of
			 a Post-Permanency Sibling Contact Plan when one has been developed;
f) report on the progress of the parent to
			 date toward changing the behaviors and conditions that require the child to be
			 in out-of-home care;
g) provide a
			 statement as to whether the child can return home, and, if so, when and with
			 what supports;
h) provide the
			 casework rationale and supporting documentation for all decisions and
			 recommendations.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.90 - Decision Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
			 service provider, including foster parents or relative caretakers, or the
			 child's caseworker with supervisory approval, disagrees with any portion of the
			 service plan, including any amendments made by the administrative case
			 reviewer, the provider will be entitled to a review of the issue. Amendments
			 that are the result of decisions made by the court at the permanency hearing or
			 are the result of any other court order are not subject to a decision
			 review.
b) Requests for a decision
			 review shall be directed, within five working days after the administrative
			 case review, to the Deputy Director of Administrative Case Review.
c) A decision review conference shall be held
			 within ten working days after the receipt of the request. A final decision will
			 be made by the Deputy Director of Administrative Case Review or designee,
			 within ten working days after the conference.
d) Except when an issue affects compliance
			 with a court order or the residual rights of parents, implementation will be
			 stayed until the decision review conference is held. The residual rights of
			 parents as defined is Section 1-3 of the Juvenile Court Act of 1987
			 [705
			 ILCS 405/1-3 ] include the rights to visitation, to
			 consent to adoption and to determine the minor's religious
			 affiliation.
e) If changes to the
			 service plan are required by the decision review, copies of the changes will be
			 sent to all those who are entitled to a copy of the service plan with a notice
			 of the specific changes made, the reason for the changes and a statement of the
			 right to appeal any such changes.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.100 - Appealability of Decisions

Current through Register Vol. 48, No. 28, July 12, 2024
When children and/or parents disagree with any portion of the
				service plan resulting from recommendations made at the administrative case
				review, they may request a hearing in accordance with 89 Ill. Adm. Code 337
				(Service Appeal Process).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.110 - The Department's Role in the Juvenile Court

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall inform the Juvenile
			 Court of the Department's planning for the children and families it serves and
			 of their progress toward those goals.
b) When in the Juvenile Court, the Department
			 shall provide information and recommendations to the court and the parties and
			 shall recommend that the court keep families together in all instances when it
			 is consistent with the children's best interests, health, safety, and
			 well-being. In those instances when children must be removed from their
			 parent's care, the Department shall recommend that the court reunite children
			 for whom the Department is legally responsible with their families as soon as
			 returning home is consistent with their best interests, health, safety and
			 well-being. Finally, when it is clear to the Department that the child's health
			 and safety needs cannot be met by the parents and it is in the child's best
			 interests, the Department will provide that information to the court and
			 recommend that the court establish other permanency goals.
c) When the DCFS Guardianship Administrator
			 is appointed as the temporary custodian of a child whose siblings are in
			 substitute care and the child and all of his/her siblings are not placed
			 together, the Department shall file with the court and serve on the parties a
			 Visitation and Contact Plan within 10 days, excluding weekends and holidays,
			 after the appointment.
d) When the
			 Department has legal responsibility for a child, a representative of the
			 Department or its provider agency shall attend all hearings required by the
			 court. At each hearing the Department or its provider agency shall provide
			 information relating to the child's placement, best interests, health, safety,
			 and well-being, and make any appropriate recommendations. Such hearings
			 include:
1) the temporary custody
			 hearing;
2) the adjudicatory
			 hearing;
3) the dispositional
			 hearing;
4) permanency hearings (as
			 described in Section
			 316.120 );
			 and
5) all other hearings the court
			 may require.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.120 - Permanency Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department or its provider agency will participate in permanency hearings
			 conducted by the court at 12 months following the temporary custody hearing and
			 every six months thereafter in order to:
1)
			 select the permanency goal;
2)
			 review the appropriateness of the services contained in the plan and whether
			 those services, including sibling visitation and contact, have been provided as
			 specified and, if not, why not;
3)
			 determine whether reasonable efforts have been made by all parties to the
			 service plan to achieve the goal; and
4) evaluate whether the plan and goal have
			 been achieved.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.130 - Caseworker Responsibilities at the Permanency Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) The caseworker's responsibilities at the
			 permanency hearing will be to:
1) present a
			 recommendation regarding the permanency goal, time frame for achievement,
			 clinical intervention, social services, and Visitation and Contact
			 Plans;
2) report on the placement,
			 best interests, health, safety and well-being of the child;
3) report on the progress of the parent to
			 date toward compliance with the service plan and progress toward correcting the
			 conditions that require the child to be in care; and
4) provide the basis for all decisions and
			 recommendations.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 316 - ADMINISTRATIVE CASE REVIEWS AND COURT HEARINGS › Section 316.140 - Compliance with the Client Service Planning Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall develop a monitoring and reporting
				mechanism to evaluate the extent of compliance with its client service planning
				requirements. At the minimum, the Department shall monitor:
a) the permanency goal for each
			 child;
b) the planned date of
			 achievement of the permanency goal;
c) the extent of progress toward the
			 permanency goal; and
d) the actual
			 date the permanency goal was achieved.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The following standards and procedures shall govern the
				administration of psychotropic medications to persons under the guardianship of
				the Department pursuant to court order or for whom the Department has custody
				and has, by court order or via an adoptive surrender, been authorized to
				consent to major medical procedures. It is the purpose of this rule to create a
				system which promptly identifies and evaluates the needs of children for
				psychotropic medication, provides timely access to such medication, and
				monitors children on such medication, while recognizing the risks that such
				medications pose, particularly if they are not prescribed and monitored with
				care. Psychotropic medication must not be used simply for the convenience of
				staff members or caregivers, to punish children, or as a substitute for
				adequate staffing and programming.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.55 - Children in Temporary Living and Independent Living Programs

Current through Register Vol. 48, No. 28, July 12, 2024
a) Temporary Living
			 and Independent Living programs shall have a written policy, approved by each
			 program's on-call physician and governing body, for the safe and accurate
			 administration of medications to all youth in the program.
b) Youth entering Temporary Living and
			 Independent Living programs should be able to self-administer their
			 medications.
1) If a youth entering a
			 Temporary Living program is unable to self-administer his/her medications, the
			 program staff shall determine whether it is appropriate to support and train
			 the youth to do so, or to deny placement.
2) If a youth entering an Independent Living
			 program is unable to self-administer his/her medications, the program staff
			 shall deny admission.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.60 - Children in Foster Care

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall offer training and materials for foster parents and relative
			 caregivers concerning the procedures for approving psychotropic medication, and
			 the need for and use of psychotropic medications and possible side effects.
			 This training shall also address circumstances in which the child may
			 self-medicate, where appropriate.
b) No psychotropic medication shall be
			 administered to any child for whom the Department is legally responsible who
			 resides in foster care unless the licensed prescriber has obtained prior
			 consent for the medication from the Centralized Consent Unit or Emergency
			 Reception Center staff.
c) The
			 Health Passport, issued by the Department to all children for whom it is
			 legally responsible, shall contain the following statement: "Consent of the
			 DCFS Guardian is required prior to the administration of any psychotropic
			 medication. Consent must be obtained from the Centralized Consent Unit or
			 Emergency Reception Center."
d)
			 Centralized Consent Unit and ERC staff shall use the same standards, forms and
			 rules for approving psychotropic medication for children in foster care as are
			 set forth above in Section
			 325.40.
e) The foster parent shall inform the
			 licensed prescriber that:
1) the child is in
			 foster care;
2) the consent of the
			 Centralized Consent Unit or ERC staff is required before psychotropic
			 medication may be administered to the child; and
3) psychotropic medications may only be
			 administered pursuant to this Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.70 - Miscellaneous Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Youth
			 who have been declared emancipated for the purposes of consent to medical
			 treatment by any court shall have the qualified right to refuse psychotropic
			 medication as provided for adults in Sections 2-107 and 2-107.1 of the Illinois
			 Mental Health and Developmental Disabilities Code [405 ILCS 5/2-107 and 2
			 -107.1] but subject to Section
			 325.30(g).
b) Youth for whom the Department is legally
			 responsible who have reached the age of 18 shall have the qualified right to
			 refuse psychotropic medication as provided for adults in Sections 2-107 and
			 2-107.1 of the Illinois Mental Health and Developmental Disabilities Code [405
			 ILCS 5/2-107 and 2 -107.1] but subject to Section
			 325.30(g).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Section 325.80 - Violations of this Part

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Violations by Physicians
1) For psychotropic
			 medications that were started without consent, the Psychotropic Medication
			 Consent Form from the Centralized Consent Unit shall indicate that it is a
			 violation of this Part to prescribe a psychotropic medication to a foster child
			 without the consent of the Guardian.
2) A first warning letter from the
			 Department's Division of Guardian and Advocacy shall be sent to physicians who
			 have received five such notifications. The letter shall inform the physician
			 that it is a violation of this Part to prescribe a psychotropic medication to a
			 foster child without the consent of the Guardian and that any further
			 violations of this Part may result in a complaint being filed with the Illinois
			 Department of Financial and Professional Regulation.
3) A second warning letter from the Division
			 of Guardian and Advocacy shall be sent to any physician who has received an
			 additional five such notifications. The letter shall inform the physician that
			 it is a violation of this Part to prescribe a psychotropic medication to a
			 foster child without the consent of the Guardian and that any further
			 violations of this Part shall result in a complaint being filed with the
			 Illinois Department of Financial and Professional Regulation.
4) A Violation Notification letter from the
			 Division of Guardian and Advocacy shall be sent to any physician who has
			 received an additional such notification. The letter shall inform the physician
			 that the Guardian is lodging a complaint with the Illinois Department of
			 Financial and Professional Regulation. The Guardian shall notify the Illinois
			 Department of Financial and Professional Regulation by certified mail that the
			 physician has repeatedly violated the consent requirement of this
			 Part.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 325 - ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS TO CHILDREN FOR WHOM THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES IS LEGALLY RESPONSIBLE › Appendix B - DCFS Psychotropic Medications List

Current through Register Vol. 48, No. 28, July 12, 2024
The DCFS Psychotropic Medications List identifies all
				psychotropic medications, including medications used to treat sleep problems,
				bedwetting and medication-induced adverse effects that may be prescribed for
				children in DCFS custody or guardianship; their FDA indications;
				contraindications; the acceptable range of dosages; and monitoring
				requirements, if any. The DCFS Psychotropic Medication List is compiled by the
				University of Illinois Chicago (UIC) Department of Psychiatry, 1747 W.
				Roosevelt Rd., Chicago IL 60608, (312)996-7723 (2011).
The DCFS Psychotropic Medications List is available on the DCFS
				website (
www.state.il.us/dcfs
) and
				the UIC Department of Psychiatry website (
http://www.psych.uic.edu/csp/DCFS_Psychotropic_Medication.pdf
).
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
			 these rules is to describe the Department's statewide planning
			 responsibilities. To fulfill its mandate to children and families as
			 efficiently and effectively as possible, the Department shall perform planning
			 activities to identify service needs; project future demand for services;
			 determine Department priorities; allocate resources according to needs, demands
			 and priorities; develop policies and programs to make wise use of allocated
			 resources; and monitor and evaluate the effectiveness of those
			 programs.
b) Planning
			 responsibilities affect the overall number of children and families served, the
			 kinds and units of service provided, the development of new initiatives and
			 corrective action plans, the allocation of resources, and the use of staff time
			 in delivering services.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Resources" means all funds, staff time, services and child
				welfare facilities which the Department uses to serve children and families.
				These resources include both those which may be provided directly to Department
				clients and those which may be purchased for Department clients.
"Service priority" means the order in which services are to be
				funded and provided when decisions affecting resource allocations must be
				made.
"Targeted statewide populations" means those categories of
				children and their families which, taken as a whole, both cut across and
				encompass all mandated populations the Department serves.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.3 - Targeted Statewide Client Populations

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall define its statewide
			 targeted client populations in order to:
1)
			 make the best use of available resources;
2) develop plans and budgets that reflect the
			 Department's priorities and goals within the broad scope of its mandated
			 responsibilities; and
3) inform the
			 general public, Department clients, Department staff, and social service
			 providers of the service priorities which will guide resource
			 allocation.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.4 - Department Planning Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall integrate its planning, budgeting and
				evaluation responsibilities to ensure consistency among service needs,
				Department policy, Department goals and priorities, and the allocation of
				resources. The Department's general planning responsibilities shall include the
				following:
a) to implement a Planning,
			 Budgeting and Evaluation (PBE) system that integrates planning, budget
			 development, resource allocation and program evaluation at the state and
			 regional levels;
b) to develop and
			 submit the Department's budget requests to the Bureau of the Budget and to
			 prepare Department fiscal analyses as appropriate;
c) to conduct an annual evaluation of the
			 Department's performance and to monitor performance on a regular, periodic
			 basis;
d) to conduct at least
			 annually a statewide assessment of service needs and service delivery problems
			 leading to issue identification, resource development, and other administrative
			 action;
e) to project, in light of
			 legislative mandates, executive direction, public interest, availability of
			 funding, and the annual evaluation and assessment - the Department's priorities
			 and goals for at least two years into the future;
f) to prepare a means of planning the work
			 required to achieve the goals and priorities over the next two- to three-year
			 period and to monitor progress toward achieving them;
g) to prepare the planning documents
			 specified in Section
			 326.5
			 in accordance with Federal, State and Department requirements; and
h) to report annually on how the Department
			 uses its resources and what resources are needed.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.5 - Department Planning Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Department shall prepare planning documents required by State and Federal
			 laws and regulations and shall assist, when so required, in the preparation of
			 other such planning documents. In addition to required plans, the Department
			 shall prepare other planning documents to facilitate effective management and
			 judicious allocation of Department resources.
b) Planning Documents Required by the Federal
			 Government
Planning documents the Department is required by the federal
				government to prepare or assist in preparing include the following federal
				requirements of the Social Security Act, as amended:
1) The Title IV-B Child Welfare Services Plan
			 ( 42
			 U.S.C. 620 et seq.) is prepared annually by
			 the Department as the designated single state agency for IV-B administration.
			 Under Title IV-B, formula grants are allocated to the states for providing and
			 improving child welfare services to children and families in need of services.
			 The Title IV-B plan is required by federal regulations, 45 CFR 1355, 45 CFR
			 1357, and 45 CFR 1932, issued by the Department of Health and Human Services.
			 It contains a description of all child welfare services to be provided, the
			 geographic areas in which they are available and what is being done to expand,
			 improve and strengthen those services or provide new ones.
2) The Title IV-E Foster Care and Adoption
			 Assistance Program Plan (
			 42
			 U.S.C. 670 et seq.) prepared by the
			 Department as the designated single state agency for IV-E administration. Once
			 the original plan has been submitted and approved by the federal government,
			 the Department need only submit amendments to the plan whenever they are
			 required by the federal government in accordance with
			 45 CFR
			 1356.20 d, as a result of significant changes
			 in the information or assurances in the plan, or the organization, policies or
			 operations described in the plan.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.7 - Department Evaluation Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will establish and conduct
			 a program to evaluate the efficiency and effectiveness of its services. Program
			 Evaluation activities will include:
1)
			 periodic and systematic evaluation of direct and purchase of services programs
			 to assess results and outcomes and to recommend plans of corrective action for
			 service improvement;
2) annual
			 review of service programs to identify exceptional program deficiencies and
			 outstanding achievements which require in-depth evaluation and
			 analysis;
3) monitoring to identify
			 emerging service program deficiencies and problems in order to develop the
			 basis for immediate and long-range plans of corrective action;
4) development of program standards and
			 performance indicators to evaluate the quality of programs, including service
			 delivery. Program standards and performance indicators will be applied both to
			 services which are provided directly by the Department and which are purchased
			 from other providers in order to evaluate their effectiveness and efficiency in
			 achieving planned results;
5)
			 analyses of the projected benefits, problems, opportunities, and the efficiency
			 and effectiveness of planned program initiatives in order to assist management
			 in making decisions on resource allocation and service
			 administration.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.8 - Planning and Evaluation of Purchased Services

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall endeavor to use purchase of service
				resources to the fullest extent, consistent with Department priorities and
				client needs. The Department shall also take measurement of purchased care
				performance as data are available and appropriate. Such measurements are for
				the purpose of achieving Department priorities, evaluating service delivery,
				planning resource allocation, and developing contractual program plans that
				will meet client needs. The Department will monitor and evaluate purchased
				services to determine the numbers of clients served, the units of service
				provided, the quality of services, the appropriateness of clients served, the
				effectiveness and efficiency of services and the overall extent to which
				contractual conditions were met.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.9 - Department Coordination of Services with Other Agencies and Illinois Courts

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will report to the Governor at least annually on
				the extent to which its services have been coordinated with other State
				agencies. These agencies shall include the Department of Human Services, the
				Department of Corrections, the Department of Public Aid, the Department of
				Public Health, the Illinois State Board of Education, the Division of
				Specialized Care for Children, and any other State agencies with whom the
				Department should coordinate services. The Department shall assess the impact
				upon its services caused by referrals from other State agencies, Illinois
				courts, interstate agreements, and any other sources which necessitate a
				further need for planning and resource development. Significant issues and
				planning obstacles shall be identified and remedies proposed as
				appropriate.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 326 - PLANNING FOR STATEWIDE RESOURCE ALLOCATION › Section 326.10 - Community Relations

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall endeavor to support community efforts to
				prevent the abuse, neglect, or exploitation of children and to enhance
				education for parenting. Information shall be available from the Department to
				inform communities, providers, media representatives, and the general public
				about the Department's mandate and mission.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 327 - PERMANENCY ADVOCACY SERVICES › Section 327.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of these rules is to explain the rights and duties
				of the Guardianship Administrator of the Department of Children and Family
				Services, or designee. The Guardianship Administrator makes important decisions
				affecting the general welfare of children and assures and protects the legal
				rights of children served by the Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 327 - PERMANENCY ADVOCACY SERVICES › Section 327.2 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Children for whom the Department has legal responsibility"
				means children for whom the Department has temporary protective custody,
				custody or guardianship via court order, or children whose parent(s) has signed
				an adoptive surrender or voluntary placement agreement with the
				Department.
"Consent" or "Consenting" for purposes of these rules means a
				legally binding commitment resulting from an informed, deliberative process in
				which the consenting party signs a formal document. The consenting party may be
				the Department's Guardianship Administrator, or designee, or the children's
				parents.
"Designee" means those Department staff who have been appointed
				by the Director and authorized by the Guardianship Administrator and have been
				given formal authority to authorize and consent to matters concerning children
				for whom the Department has legal responsibility.
"Drug" means any medication taken orally, injected into the
				body, or administered by other means, which requires the consultation of a
				physician for its use or requires a written prescription for its use or
				purchase.
"Elective medical treatment or surgical procedure" means major
				medical care, as defined in these rules, which may be delayed for 72 hours or
				more without jeopardizing the life, health, or safety of the patient or
				subjecting him to probable physical harm.
"Emergency medical treatment or surgical procedure" means
				immediate ordinary or major measures necessary to preserve the life, health, or
				physical well-being of the patient.
"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, An Act Creating the Illinois Department of Children and
				Family Services, the Abused and Neglected Child Reporting Act, and the Adoption
				Act.
"Major medical care" means those medical procedures which are
				not administered or performed on a routine basis and which involve
				hospitalization, surgery, or use of anesthesia. These procedures include, but
				are not limited to, tonsillectomies, appendectomies, provision of blood
				transfusions, psychiatric hospitalization, use of life support systems, and
				organ transplants.
"Medical treatment or procedure" means any medical or surgical
				procedure which is intended to alleviate, ameliorate, prevent or correct
				physical illness, injury, disability, or disfigurement. The term does not
				include psychological or psychiatric counseling, therapy, or treatment.
"Ordinary medical care" means those medical procedures which
				are administered or performed on a routine basis and which do not involve
				hospitalization, surgery, or use of anesthesia and include, but are not limited
				to inoculations, physical examinations, and remedial treatment for minor
				illnesses and injuries.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 327 - PERMANENCY ADVOCACY SERVICES › Section 327.3 - Acceptance of Children

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 the Guardianship Administrator is appointed as guardian of the person or the
			 child's custodian in Juvenile Court proceedings on behalf of children served by
			 the Department, the following distinctions apply:
1) The Guardianship Administrator is
			 appointed as guardian of the person or legal custodian of a dependent or
			 neglected child or a minor under age 13 years in need of other supervision or a
			 delinquent child under 13.
2) The
			 Guardianship Administrator may, at the Department's discretion except for those
			 children also adjudicated neglected or dependent, be appointed as legal
			 custodian or guardian of a minor in need of other supervision or of a
			 delinquent child over the age of 13 years.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 327 - PERMANENCY ADVOCACY SERVICES › Section 327.4 - Duties of The Guardianship Administrator

Current through Register Vol. 48, No. 28, July 12, 2024
The duties of the Guardianship Administrator or those with
				delegated signatory authority include, but are not limited to:
a) Consenting to the adoption of minors when
			 the court decree provides for such consent, or when children have been
			 surrendered to the Department by parents or caretakers or when all applicable
			 parental rights have been terminated;
b) Making important decisions in conjunction
			 with wards, and parents when possible, such as consents to marriage, to
			 enlistment in the armed forces, to major medical, surgical and psychiatric
			 treatment, and to travel and visitations within limitations directed by court
			 order;
c) Representing or arranging
			 for qualified representation of wards in all litigations to which they are
			 parties or which affect them;
d)
			 Expediting the receipt of all possible benefits due children for whom the
			 Department has legal responsibility including insurance, veteran's benefits,
			 social security, and damages due to the negligence or misconduct of others;
			 and
e) Acting in other ways as may
			 be indicated in order to assure a permanent, secure and nurturing living
			 arrangement for each child the Department serves through the preservation or
			 reunification of families or the creation of new legal families, or in order to
			 assure continuity of care in long term treatment programs, as needed by the
			 child.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 327 - PERMANENCY ADVOCACY SERVICES › Section 327.5 - Medical Consents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Principles of Consultation and Consent
1)
			 Consent of the custodian or guardian is not required by statute for all persons
			 aged 18 or older, for females who are pregnant, or for the dissemination to
			 children over age 12 of information about and treatment for venereal disease,
			 drug or alcohol abuse, and for birth control information.
2) In all cases the minor shall be consulted
			 by casework staff regarding the nature of the proposed medical procedures to
			 the extent that the child's age and understanding of the situation will allow.
			 Parents shall be consulted regarding medical procedures affecting their
			 children as provided by this rule. Where the Department retains the right of
			 final determination, it may consent to any medical treatment regardless of
			 objections raised by the minor or by his or her parent(s). Should such
			 objection be made, the minor and his/her parent(s) shall be advised of their
			 right to seek remedy under the Juvenile Court System. If the proposed medical
			 treatment is elective in nature, reasonable time shall be afforded to obtain
			 such remedy.
3) When medical
			 consents are to be given for minors in the custody of or under the guardianship
			 of the Department, such consents shall be given only the Guardianship
			 Administrator, or designee, or under special circumstances noted below, by the
			 parent of the minor. Under no circumstances shall any other employee of the
			 Department give such consents.
4)
			 Upon request from a licensed physician or medical facility for consent to
			 perform any medical procedure, the Guardianship Administrator or designee shall
			 obtain all relevant facts and the reasons for the request. In every instance
			 involving a major or elective procedure, except in an emergency, consultation
			 with physicians either employed by the Department or utilized by it shall be
			 undertaken before any consent is given. Such consent shall be documented.
			 Additional requirements for exceptional cases are stated in paragraph 5 below
			 and in (c) (1) below.
5) In every
			 instance, before consent is given for proposed elective surgical or medical
			 procedure involving the sexual and/or reproductive organs of a minor, the
			 completion of which may or will affect his/her ability to sire, conceive, or
			 bear children, advice shall be obtained from at least two physicians who have
			 specialized training, knowledge or experience in this field and who are not
			 professionally associated with the recommending physician. Records of the
			 consultants shall be signed by the consultants and kept on file by the
			 Department.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart A - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 328.1 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to assure that each child
				  expected to be placed across state lines receives appropriate care, to ensure
				  that both sending and receiving authorities are able to make informed decisions
				  on suitable placements, and to establish appropriate jurisdictional
				  responsibility for placements.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart A - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 328.3 - Placement of Illinois Children

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The following is applicable to all Illinois children except those placed under
				the Indian Child Welfare Act (see Department of Children and Family Services
				rules, 89 Ill. Adm. Code 307 (Indian Child Welfare Services)).
1) The following entities must submit a
				request to the Illinois Compact Administrator if they wish to place an Illinois
				child with a person who resides outside the State of Illinois:
A) any person not related, as defined in this
				Part, to the child;
B) any person
				who does not have legal guardianship of the child;
C) a court; or
D) a public or private agency.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart A - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 328.4 - Placement of Children From Other States

Current through Register Vol. 48, No. 28, July 12, 2024
a) A child from another state shall not be
				placed in Illinois until the Illinois Compact Administrator or designee
				notifies the Compact Administrator in the sending state that the proposed
				placement is not contrary to the interests of the child.
b) The sending person, court, public or
				private agency shall retain jurisdiction over the child until such jurisdiction
				ends because the child is adopted, reaches the age of majority, is
				self-supporting or is discharged from care with the concurrence of the Illinois
				Compact Administrator or designee.
c) The sending party shall continue to be
				financially responsible for the child during placement and shall return the
				child to the other state if requested to do so by the Illinois Compact
				Administrator or designee.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart A - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 328.5 - Removal of Illinois Children

Current through Register Vol. 48, No. 28, July 12, 2024
An Illinois child shall be removed from a facility in another
				  state when:
a) the facility is not
				licensed, if a license is required, under the state's applicable laws;
				or
b) the facility's license or
				other operating authority is revoked; or
c) the facility commits or omits an action
				which would be grounds for license revocation in Illinois; or
d) the service provided is no longer
				appropriate for the child's needs nor for the child's permanency goal;
				or
e) any event threatens the life,
				health or safety of a child; or
f)
				removal is requested in writing by the other state; or
g) without cause, provided 30 days notice of
				the removal is given.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart B - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE › Section 328.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Subpart is to assure that special needs
				  children who are adopted and move across state lines will be assured a medical
				  card and support services in their new state of residence.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart B - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE › Section 328.110 - Interstate Compact

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				accordance with the Interstate Compact on Adoption Act [45 ILCS 17 ], the
				Department has signed the Interstate Compact on Adoption and Medical Assistance
				(ICAMA) administered by the American Public Welfare Association. This Compact
				assures that medical and related services for adopted children with special
				needs are provided for when a family moves from Illinois into another state, or
				from another state into Illinois.
b) A copy of the Interstate Compact on
				Adoption and Medical Assistance may be obtained from:
Interstate Compact Office
Department of Children and Family Services
406 East Monroe Street, Station #55
Springfield, Illinois 62701
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart B - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE › Section 328.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Adoption Assistance" means financial and other assistance
				  provided to adoptive parents to assist in meeting a child's special needs and
				  may include an ongoing monthly payment, a medical card, and payment for
				  specialized services.
"Adoption Assistance Agreement", as used in this Subpart,
				  means an agreement between the adoptive parents and a state, agency, or
				  subdivision thereof, in accordance with which the adoptive parents are to
				  receive assistance and services on behalf of a child with special needs.
"Adoption Assistance State" is a state that is signatory to
				  an adoption assistance agreement on behalf of a particular child.
"Child with Special Needs" is a child whom the original state
				  of residence has determined has needs so unique that adoption without adoption
				  assistance is unlikely.
"Compact Administrator" is the person in the state who has
				  responsibility for the administration of ICAMA.
"ICAMA" means the Interstate Compact on Adoption and Medical
				  Assistance. It is a law, enacted by most states, for the purpose of
				  establishing uniform procedures for assistance for medical care and support
				  services for special needs children who are adopted and move across state
				  lines.
"Party State" means a state that is a member of the
				  Interstate Compact on Adoption and Medical Assistance.
"Resident State" is the state in which the child resides by
				  virtue of the residence of the adoptive parents.
"Resident Compact Administrator" is the person responsible
				  for the administration of IACMA in the state where the family
				  relocates.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart B - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE › Section 328.130 - Relocation of Adopted Children from Illinois to Other States

Current through Register Vol. 48, No. 28, July 12, 2024
a) When the
				Department is notified that a family with whom it has an adoption assistance
				agreement is moving or has moved out of state, the Illinois Compact
				Administrator shall notify the Compact Administrator of the resident state and
				request issuance of a medical assistance (Medicaid) card.
b) The adoptive family shall be notified that
				their new resident state Compact Administrator has been requested to issue a
				Medicaid card, and the child's Illinois Medicaid card shall remain valid until
				the Department is notified that a medical assistance card has been issued by
				the new resident state.
c) In the
				event that a family relocates to a state that is not signatory to ICAMA, the
				Illinois Compact Administrator shall request that the Medicaid Administrator of
				the resident state issue a medical assistance (Medicaid) card, and shall
				provide all reasonable assistance to the family to obtain Medicaid assistance.
				The Illinois Compact Administrator shall notify the family that a request has
				been made to their resident state's Medicaid unit to issue their Medicaid
				card.
d) When a family notifies the
				Department of their relocation to another state in which the child is
				ineligible for Medicaid, the Department shall provide the family written
				instructions regarding how the Department will continue to reimburse medical
				care after the family moves out-of-state.
Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 328 - INTERSTATE PLACEMENT OF CHILDREN › Subpart B - INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE › Section 328.140 - Relocation of Adopted Children from ICAMA Party State into Illinois

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Interstate
				Compact Administrator in the ICAMA party state will notify the Illinois
				Interstate Compact Administrator that a family with whom his or her state has
				an adoption assistance agreement has moved or plans to move to Illinois, and
				request that the Illinois Compact Administrator issue an Illinois medical card
				on behalf of a child who relocates to Illinois.
b) The Illinois Compact Administrator shall
				request the Department of Public Aid to issue an Illinois Medicaid card to the
				family. The Illinois Interstate Compact Administrator shall notify the Compact
				Administrator of the former resident state when the Illinois Medicaid card has
				been issued.