Illinois 95th Regular Session Status: Enacted 1 D cosponsors

SB 381 — MHDD-REIMBURSEMENT

Last action — Public Act . . . . . . . . . 95-1040

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2007. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall reimburse providers of community-based residential programs in which no more than 4 persons with developmental disabilities reside together and in which each person has his or her own private bedroom. Provides that the reimbursement shall be equal to 100% of the provider's cost of providing certain services. Contains a Section concerning legislative findings. Effective immediately.

Bill Text

What changed in the latest version

204 added · 39 removed

Plain-language change summary

The recent amendment to SB 381 includes a new section focusing on the Lou Jones Grandparent Child Care Program, acknowledging the rising number of children being cared for by grandparents and other nonparent relatives due to various social issues such as parental substance abuse and poverty. This change emphasizes the unique challenges faced by these caregivers, such as financial strain and emotional difficulties, and aims to provide them with better support. In contrast, the amendment removed a section about financial incentives for community-based residential programs for individuals with developmental disabilities, shifting the focus of the bill towards supporting grandparent caregivers. This change matters because it addresses the immediate needs of those raising at-risk children, promoting family stability and child welfare.

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SB0381 Engrossed LRB095 06715 HLH 26827 b AN ACT concerning State government.
SB0381 Enrolled LRB095 06715 HLH 26827 b AN ACT concerning State government.
The Mental Health and Developmental Disabilities Administrative Act is amended by adding Section 54.5 as follows:
The Children and Family Services Act is amended by changing Section 34.11 as follows:
(20 ILCS 1705/54.5 new) Sec.
(20 ILCS 505/34.11) Sec.
54.5.
34.11.
Rates;
Lou Jones Grandparent Child Care Program Grandparent child care program.
community-based residential programs for persons with developmental disabilities.
(a) The General Assembly finds and declares the following:
(a) The General Assembly finds that, due to economic factors, it has become increasingly necessary for providers of residential services to persons with developmental disabilities to expand the number of persons with developmental disabilities living together in community-based residential programs funded by the Department.
(1) An increasing number of children under the age of 18, including many children who would otherwise be at risk of abuse or neglect, are in the care of a grandparent or other nonparent relative.
The General Assembly further finds that, in order to enhance opportunities for persons with developmental disabilities to live in the community with dignity and individual privacy, and to maximize the benefits of the supportive services provided in community-based residential programs, it is necessary and appropriate to offer financial incentives to providers so that they can establish community-based residential programs of 4 or fewer individuals living together.
(2) The principal causes of this increase include parental substance abuse, child abuse, mental illness, poverty, and death, as well as concerted efforts by families and by the child welfare service system to keep children with relatives whenever possible.
SB0381 Engrossed - 2 - LRB095 06715 HLH 26827 b (b) As used in this Section, "community-based residential program" means one of a variety of living arrangements for persons with developmental disabilities, including existing settings, such as community integrated living arrangements, community residential alternatives, assisted residential care, supported residential care, and adult foster care, and may also include newly developed settings that are consistent with this definition.
(3) Grandparents and older relatives providing primary care for at-risk children may experience unique resultant problems, such as financial stress due to limited incomes, emotional difficulties dealing with the loss of the child's parents or the child's unique behaviors, and decreased SB0381 Enrolled - 2 - LRB095 06715 HLH 26827 b physical stamina coupled with a much higher incidence of chronic illness.
The term "developmental disability" includes an autism spectrum disorder.
(4) Many children being raised by nonparent relatives experience one or a combination of emotional, behavioral, psychological, academic, or medical problems, especially those born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment.
(c) The Department of Human Services shall establish reimbursement rates that will create an incentive for providers to establish community-based residential programs in which no more than 4 persons with developmental disabilities reside together and in which each person has his or her own individual private bedroom.
(5) Grandparents and other relatives providing primary care for children lack appropriate information about the issues of kinship care, the special needs (both physical and psychological) of children born to a substance-abusing mother or at risk of child abuse, neglect, or abandonment, and the support resources currently available to them.
Section 99.
(6) An increasing number of grandparents and other relatives age 60 or older are adopting or becoming the subsidized guardians of children placed in their care by the Department.
Some of these children will experience the death of their adoptive parent or guardian before reaching the age of 18.
For most of these children, no legal plan has been made for the child's future care and custody in the event of the caregiver's death or incapacity.
(7) Grandparents and other relatives providing primary care for children lack appropriate information about future care and custody planning for children in their care.
They also lack access to resources that may assist them in developing future legal care and custody plans for SB0381 Enrolled - 3 - LRB095 06715 HLH 26827 b children in their legal custody.
(b) The Department may establish an informational and educational program for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers.
As a part of the program, the Department may develop, publish, and distribute an informational brochure for grandparents and other relatives who provide primary care for children who are at risk of child abuse, neglect, or abandonment or who were born to substance-abusing mothers.
The information provided under the program authorized by this Section may include, but is not limited to the following:
(1) The most prevalent causes of kinship care, especially the risk of substance exposure or child abuse, neglect, or abandonment.
(2) The problems experienced by children being raised by nonparent caregivers.
(3) The problems experienced by grandparents and other nonparent relatives providing primary care for children who have special needs.
(4) The legal system as it relates to children and their nonparent primary caregivers.
(5) The benefits available to children and their nonparent primary caregivers.
(6) A list of support groups and resources located SB0381 Enrolled - 4 - LRB095 06715 HLH 26827 b throughout the State.
The brochure may be distributed through hospitals, public health nurses, child protective services, medical professional offices, elementary and secondary schools, senior citizen centers, public libraries, community action agencies selected by the Department, and the Department of Human Services.
(c) In addition to other provisions of this Section, the Department shall establish a program of information, social work services, and legal services for any person age 60 or over and any other person who may be in need of a future legal care and custody plan who adopt, have adopted, take guardianship of, or have taken guardianship of children previously in the Department's custody.
This program shall also assist families of deceased adoptive parents and guardians.
As part of the program, the Department shall:
(1) Develop a protocol for identification of persons age 60 or over and others who may be in need of future care and custody plans, including ill caregivers, who are adoptive parents, prospective adoptive parents, guardians, or prospective guardians of children who are or have been in Department custody.
(2) Provide outreach to caregivers before and after adoption and guardianship, and to the families of deceased caregivers, regarding Illinois legal options for future care and custody of children.
(3) Provide training for Department and private agency SB0381 Enrolled - 5 - LRB095 06715 HLH 26827 b staff on methods of assisting caregivers before and after adoption and guardianship, and the families of older and ill caregivers, who wish to make future care and custody plans for children who have been wards of the Department and who are or will be adopted by or are or will become wards of those caregivers.
(4) Ensure that all caregivers age 60 or over who will adopt or will become guardians of children previously in Department custody have specifically designated future caregivers for children in their care.
The Department shall document this designation, and the Department shall also document acceptance of this responsibility by any future caregiver.
Documentation of future care designation shall be included in each child's case file and adoption or guardianship subsidy files as applicable to the child.
(5) Ensure that any designated future caregiver and the family of a deceased caregiver have information on the financial needs of the child and future resources that may be available to support the child, including any adoption assistance and subsidized guardianship for which the child is or may be eligible.
(6) With respect to programs of social work and legal services:
(i) Provide contracted social work services to older and ill caregivers, and the families of deceased caregivers, including those who will or have adopted or SB0381 Enrolled - 6 - LRB095 06715 HLH 26827 b will take or have taken guardianship of children previously in Department custody.
Social work services to caregivers will have the goal of securing a future care and custody plan for children in their care.
Such services will include providing information to the caregivers and families on standby guardianship, guardianship, standby adoption, and adoption.
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The Department will assist the caregiver in developing a plan for the child if the caregiver becomes incapacitated or terminally ill, or dies while the child is a minor.
The Department shall develop a form to document the information given to caregivers and to document plans for future custody, in addition to the documentation described in subsection (b) (4).
This form shall be included in each child's case file and adoption or guardianship subsidy files as applicable to the child.
(ii) Through a program of contracted legal services, assist older and ill caregivers, and the families of deceased caregivers, with the goal of securing court-ordered future care and custody plans for children in their care.
Court-ordered future care and custody plans may include:
standby guardianship, successor guardianship, standby adoption, and successor adoption.
The program will also study ways in which to provide timely and cost-effective legal SB0381 Enrolled - 7 - LRB095 06715 HLH 26827 b services to older and ill caregivers, and to families of deceased caregivers in order to ensure permanency for children in their care.
(7) Ensure that future caregivers designated by adoptive parents or guardians, and the families of deceased caregivers, understand their rights and potential responsibilities and shall be able to provide adequate support and education for children who may become their legal responsibility.
(8) Ensure that future caregivers designated by adoptive parents and guardians, and the families of deceased caregivers, understand the problems of children who have experienced multiple caregivers and who may have experienced abuse, neglect, or abandonment or may have been born to substance-abusing mothers.
(9) Ensure that future caregivers designated by adoptive parents and guardians, and the families of deceased caregivers, understand the problems experienced by older and ill caregivers of children, including children with special needs, such as financial stress due to limited income and increased financial responsibility, emotional difficulties associated with the loss of a child's parent or the child's unique behaviors, the special needs of a child who may come into their custody or whose parent or guardian is already deceased, and decreased physical stamina and a higher rate of chronic illness and other SB0381 Enrolled - 8 - LRB095 06715 HLH 26827 b health concerns.
(10) Provide additional services as needed to families in which a designated caregiver appointed by the court or a caregiver designated in a will or other legal document cannot or will not fulfill the responsibilities as adoptive parent, guardian, or legal custodian of the child.
(d) The Department shall consult with the Department on Aging and any other agency it deems appropriate as the Department develops the program required by subsection (c).
(e) Rulemaking authority to implement this amendatory Act of the 95th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is unauthorized.
(Source:
P.A.
88-229;
88-670, eff.
12-2-94;
89-507, eff.
7-1-97.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 95-1040

  2. Effective Date March 25, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 056-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Executive

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins

  11. Placed on Calendar Order of Concurrence House Amendment(s) January 13, 2009; 01

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 113-000-000

  14. Added Alternate Co-Sponsor Rep. Jack McGuire

  15. Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

  16. Added Alternate Chief Co-Sponsor Rep. Lisa M. Dugan

  17. Placed on Calendar Order of 3rd Reading - Short Debate

  18. Chief Sponsor Changed to Sen. Jacqueline Y. Collins

  19. Held on Calendar Order of Second Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar 2nd Reading - Short Debate

  22. Do Pass as Amended / Short Debate Human Services Committee; 009-000-000

  23. House Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote

  24. House Committee Amendment No. 1 Filed with Clerk by Human Services Committee

  25. Alternate Chief Sponsor Changed to Rep. Barbara Flynn Currie

  26. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  27. Assigned to Human Services Committee

  28. Final Action Deadline Extended-9(b) January 13, 2009

  29. Rule 19(a) / Re-referred to Rules Committee

  30. Assigned to Executive Committee

  31. Final Action Deadline Extended-9(b) January 10, 2008

  32. Rule 19(a) / Re-referred to Rules Committee

  33. Motion to Suspend Rule 25 - Prevailed

  34. Final Action Deadline Extended-9(b) August 10, 2007

  35. Motion to Suspend Rule 25 - Prevailed

  36. Assigned to Executive Committee

  37. Final Action Deadline Extended-9(b) August 4, 2007

  38. Rule 19(a) / Re-referred to Rules Committee

  39. Final Action Deadline Extended-9(b) May 31, 2007

  40. Committee Deadline Extended-Rule 9(b) May 25, 2007

  41. Assigned to Executive Committee

  42. Referred to Rules Committee

  43. First Reading

  44. Chief House Sponsor Rep. Gary Hannig

  45. Placed on Calendar Order of First Reading

  46. Arrived in House

  47. Third Reading - Passed; 058-000-000

  48. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  49. Placed on Calendar Order of 3rd Reading March 21, 2007

  50. Second Reading

  51. Placed on Calendar Order of 2nd Reading March 15, 2007

  52. Do Pass as Amended Human Services; 008-002-000

  53. Senate Committee Amendment No. 1 Adopted

  54. Senate Committee Amendment No. 1 Rules Refers to Human Services

  55. Senate Committee Amendment No. 1 Referred to Rules

  56. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Susan Garrett

  57. Postponed - Human Services

  58. Added as Co-Sponsor Sen. M. Maggie Crotty

  59. Added as Chief Co-Sponsor Sen. A. J. Wilhelmi

  60. Added as Co-Sponsor Sen. Edward D. Maloney

  61. Added as Chief Co-Sponsor Sen. Christine Radogno

  62. Added as Co-Sponsor Sen. William Delgado

  63. Added as Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson

  64. Assigned to Human Services

  65. Referred to Rules

  66. First Reading

  67. Filed with Secretary by Sen. Susan Garrett

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 46003
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Lauzen — Yea
Link — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Peterson — Yea
Brady — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Sullivan — Yea
Trotter — Yea
Munoz — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Jones, J. — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Demuzio — Yea
Kotowski — Yea
Watson — Not Voting
Jacobs — Not Voting
Hultgren — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 101004
Democrat 8001
Republican 4000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferies — Not Voting
Jefferson — Yea
Hannig — Yea
Harris — Yea
Madigan — Yea
Hernandez — Yea
McCarthy — Not Voting
Mulligan — Yea
Munson — Yea
Myers — Yea
Watson — Yea
Howard — Yea
Nekritz — Yea
Patterson — Not Voting
Phelps — Yea
Davis, Monique — Yea
Bradley, Richard — Not Voting
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Wilzbach — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Hassert — Yea
Jackson — Yea
Jakobsson — Yea
Kosel — Yea
Krause — Yea
Krupa — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
May — Yea
McAuliffe — Yea
Reitz — Yea
Mendoza — Yea
Meyer — Yea
Moffitt — Yea
Ramey — Yea
Lyons — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Burke — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Hamos — Yea
Osmond — Yea
Osterman — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 8001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Noland — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Brady — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Sieben — Yea
Sullivan — Yea
Munoz — Yea
Silverstein — Yea
Trotter — Yea
Cullerton — Yea
Jacobs — Yea
Viverito — Yea
Watson — Yea
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

healthcare labor health-insurance
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Frequently asked questions

What does SB 381 do?
Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that the Department of Human Services shall reimburse providers of community-based residential programs in which no more than 4 persons with developmental disabilities reside together and in which each person has his or her own private bedroom. Provides that the reimbursement shall be equal to 100% of the provider's cost of providing certain services. Contains a Section concerning legislative findings. Effective immediately.
Who sponsors SB 381?
SB 381 is sponsored by Jack McGuire and Lakesia Collins (Democrat).
What is the current status of SB 381?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 381?
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